My name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom had a terminal illness and was oxygen dependent. My mom studied diligently to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure.
We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told it was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sued us in unlawful detainer court, they are trying to evict us. My mother was fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing arguments about how we were robbed of our home was irrelevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout that no one might help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff lockout, but to no avail. We were given an additional 24 hrs cos we still had a lot left to pack, the locks were changed but we were allowed to stay until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She cried and he told us that we had known for 2 weeks on what date we had to be out, that was time to have made arrangements. Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like dogs. It was a hot day, I loaded her machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I had no plan. My mom was in shock and had never asked me what we were going to do, she always had it figured out, everything had changed. I didn’t want her see me worry So we went into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere.. So we didn’t have any money for a room and had to sleep in our car, the oxygen concentrator was a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. It was a nightmare. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom was elderly, had a terminal illness and was oxygen dependent, yet was forced to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure.
We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sues us in unlawful detainer court, they are trying to evict us. My mother is fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing nothing about how we were robbed of our home was relevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout so that there was no one there to help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff and the lockout, but to no avail. We were given an additional 24 hrs because we still had a lot left to pack, the locks were changed but we were allowed until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She was crying and he told us that we had known for 2 weeks on what date we had to be out, Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like we trash. It was a hot day, I loaded my moms machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I really didn’t have a plan. So we got into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and so sick and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere soon. W didn’t have any money for a room so we had to sleep in the car, the oxygen concentrator is a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting for the house, she called wells Fargo requesting relocation assistance, and was wanting to appeal the judgement but being displaced we couldn’t locate the documents we needed or come up with or the money within the 30 days we had to file by, so her hope was fading. She was hospitalized again for a few days and I asked the hospital to please keep her for the weekend and allow me to find a better place to stay, as being confined to a small room with 5 dogs is not going to be good for her. I was trying to make arrangements to go somewhere else or have the dogs stay with someone for a while, the hospital couldn’t hold her any longer and was going to give her a taxi voucher to get dropped off wherever. My mom didn’t understand what I was trying to do and thought I was just not wanting the responsibility so was trying to leave her at the hospital. So she called me on the phone and said “Brooke you can put me in a home if you want to.” I broke down crying she thought I would leave her right then just because it was hard? I had no choice to bring her back to the motel room. And her condition was getting worse and I wasn’t going to have her die in some dirty motel room, just as the manager was pressuring us to go because of the oxygen concentrator and energy costs they asked us to find somewhere else. So I found a house with a backyard that was recently bank owned with electricity on that happened to be in our old area and I got inside and we squatted there. We were only there less than a week when my mom needed to go to the hospital again. She was in ICU and her respiratory was failing. She went in October 9 2013, and my mom passed away October 16 2013, within 5 months of us being evicted. I sued Wells Fargo for the wrongful death of my mother, she worked hard her whole life, was in real estate herself and made principle payments on a property for 23 years only to have to walk away with ruined credit? My mom died a broken woman, she came from a different generation when the middle class was thriving, the American dream was obtainable, and there was protection for consumers against predatory loans like this. In the end there was no justice for us. So I believe that murder should be added to Wells Fargos list of the crimes they have gotten away with. I had representation this time but in the end they prevailed somehow, having their Summary Judgement GRANTED then – CASE CLOSED. I don’t see how the case could proceed while I had been incarcerated for the past 8 months (for stealing appliances out of a foreclosed home in Nov. 2014) I can’t stand the bank, always profiting from what the previous owner invested, it is sickening. So now I have nothing but a lot of pain, and anger. There was no justice for us. Not then when we spotted the fraud and filed our suit, not during the foreclosure when the stole our home and granted a judgement in order to evict us, and even today as I tried to avenge my moms death that was completely the fault of Wells Fargo and every dark hearted attorney that they hire. So now what can I do? I am at a loss and what other way can I fight this? I want to feel like I did what I could to avenge my moms death so that I can let it go someday. I feel very cheated and wronged.
I live in Florida and my house has been in various forms of foreclosure for 6-7 years. It was first held up by the Countrywide/BOA thing and then I hired a “hot shot” attorney that staved off going to court for a couple years then got case dismissed before it ever did. He was great. Bank reopened the case, same attorney staved off again until it finally went to court in August 2016 and we won case on statute of limitations foul-up by bank. Bank appealed in October, 2016. Bank dropped appeal in December, 2016. Is that because of the new Florida law? Am I out of options? Statute of limitations was my last defense. Should I hire said attorney again or is this the end of the road?
Am I right that most of the users of this Board go commando without using top-notch skilled lawyers to strategize and to present and argue the facts, legal points, law, regulations, and case law in educating your judge, and then bitch about when the judge doesn’t give you what you want ???
Are you nuts ?
I didn’t get half of my home for free with my ( now FORMER ) lender ordered to additionally pay my 25% income tax on the amount of my Court-Ordered forgiven mortgage debt BY ACCIDENT, and Ben Howard didn’t win HIS foreclosure case outright with the lender unable to collect a single penny from him AND having to pay all the real estate taxes and property insurance on his property for as long as he wants to stay in his gorgeous home near the ocean by Happenstance, it took FIVE sets of lawyers……including two former Florida Assistant Attorneys General to prepare and present and argue his winning case, and I actually had (free) assistance from the government !!!!
PEOPLE, the legal system is a MORASS stacked against you (you all KNOW that)…. I plead with you to seek out and use the brilliant legal minds who have gone before through the jungle cutting the path that wins.
I have lawyers all across the country available to me who charge me NOTHING and will even represent me for free through trial should anyone else try to sue me for ANY reason, and I dare say my out-of-pocket is less than $20 a month, I can pick up a phone and call a lawyer anytime and pick their brain and have them review things…even make calls and write things on my behalf.
I WILL BE GLAD TO SHOW YOU HOW TO DO THIS !!!
I love law, you all know this, but I dare say anyone who ventures before a judge MUST have an air-tight presentation ready, you must educate the judge and show them that they have no CHOICE but to grant you what you seek ??
If you want me to help you find attorneys to talk to, it will be my pleasure. Pick up your phone and call me !!! 954 781-9300
I am a true activist in groundbreaking Florida, land where I have a well worn path and forged untold landmines in the treacherous waters of uncertainty in this ever changing landscape of unpredictability, home to many, many skilled attorneys and properly educated judges, few as they may be.
I’d love to hear your stories in person. If I can point you in a more effective direction, I will be glad to share what I’ve learned in the hopes you’ll join Ben and I, relieved of significant debt and secure in our ownership – but not after a grueling fight the other guys lost.
I’m retired, anytime 9am to 9pm Eastern is fine to call 7 days a week.
Remember, I started in the mortgage industry back in 1965, and am still licensed. This is NOT a solicitation of professional services on my part… I WANT TO SEE YOU WIN !!!
Congratulations for ‘staying in the hunt’ for justice, not just-us….bankers club. Like they say, if it were easy, everyone would be doing it. When the criminalize us for being homeless….after stealing our homes…uhhh, ‘psss, hey God….this ‘anint right’. Please accept my prayers and best of luck….CHASE needs to be dropped like the criminal cartel they are…..go get ’em! trev
I’m now in my second battle with Chase after 8 years. In the new admissions they agreed they didn’t own the note when they filed for foreclosure. Huh I give you one guess how this will turn out
Thank you Dave….your advice today, is as genuine, straight-forward and worth a try…as it was years agao…when we first ‘met’….Idaho…is so rotten that finding ONE HONEST / FAIR JUDGE who is not brainwashed by the LDS Faith….is a hunt for something rare….but do-able….and I need something to do….something productive.
Perhaps I will be that John Doe….and after I put my rack to the dust…..after I join the Fall RUT of the Ages….I would be John Buck or John Bull. . of Johnny come lately….but better late than never. Christ turned the money changers’ tables…I would like to drop a couple banks to their knees…….like they di so many of their fellow Citizens….at the top…those CEO Slugs….are just people….they have to show up in Court….they have to put their pants on….one leg at a time…like the rest of us.
I just may you up on this, the challenge…..and invite 999 others to party with me.
Time waits for no one…even a traveller.
Thank you DangeroooooseDave…you make it fun….you make seeing just how possible is…fun….your gift.-Trev
The problems are pro se litigants cannot pursue class action suits.-
Instruction- Represent yourself as Class Member 0 and disclose to the judge that you know of other possible members. Make a motion that the judge assign a US Attorney as your litigation assistant to certify a CLASS and properly represent the interests of John Doe and Jane Roe #1-999. He has a Mortgage Fraud Task Force Working Group at his disposal.
The judge will either grant your motion or deny it.
If he denies it, this is an appealable error, probably one of many. You may appeal it immediately, or just save the item for your general appeal.
Hello Ms. Kellie:
First off….no, I know nothing about GMAC but i can bet you silver dollars to donuts that the head criminal at this outfit is connected to the pyramid…he/she has too….and therefore I can get to him/her….think of it like this…..I am the lightening/grounding rod ON TOP of the 7 star lifestyle they are living….thieving from good peole like yourself. So, if the outside antenae want to ‘smack’ the tenant living in the penthouse….well….we are like neighbors…think of it like that….imagine if your cable wires could come into your house and choke you if those wires thought you were a bad ‘tenant of the Word’…mockingbird…..wit me?
I am happy to hear you are in the mid/late stages of holding these bastards accountable….and if there is going to be a tidalshift, I would expect it to come from the Lone Star State…..y’all are independent….take no crap from illegal outfits….yet you still have chalenges with the bench-stench……I have the same issue here in Idaho…as my comments 2009-2017 will support.
Here is what I can do……I can inject myself into the process…..and as the way things stand…I just did….these walls have eyes and ears. I CAN/WILL give a heads up the Magistrate….him/her….in essance I can ‘write a letter to the Judge’ respecting due process….by lending (circumstantial evidence to the claim of FRAUD and misuse of power)…..I would write this letter if you could help me with a name/Judge and address…..I have Senator Warren on stanbye and I think somewhere in D.C. is an ET who could have that Judge make certain you case is heard FAIRLY….without out political influence….I think the Clinton and Obama monsters had a fear grip on all Judges….500+ murders have been atributed to those lushes……so now that the original (real) Hillary is dead…..she is…..I suspect the fear level is greatly diminished…..(think W. of Oz, house on witch scene)…..the Judges can come out now……
same for you…..email me….give me permission…soft…..and I will try to what I can without making anything worse………how could it get any worse…these FOOLS are making up the rules as they play the game……like calling a homerun a touchdown……giving themselves 6 points instead of 1……..yeah, email and I will try to head them off at the pass………old trick.
no promises….but it could not hurt…and will likely wake them stars up……deep in the heart of teh-hAs.
peace….and good luck.
I guess maybe deep down, I want to see one person clean their clocks…or as they used to say in your parts…..’Hang em high at noon’…..’make an example of them’. I have pull, let me use it for the +.
Do you have the connection for GMAC and all the evil that comes with these crooks. ? We have a law suit going on in Texas right now as my mortgage is the poster child for fraud, theft , deceit you name it it’s there. So now we get to fight criminals in black robes. Really pathetic anyway you slice it.
Hello bollivar4…
I would like to help you….my way….but I guess I would like to know if I can? I have had luck getting into the heads of the CEOs who lead this theft…..and idk…i may have some clout as others around the world are getting the ‘little boy horus newshour update’…ww.
Could you please email me permission…your name…any perhaps an account or reference number….my Family has had a Banking relationship with BoA since the 1960s…..and well…I am not too many standard deviations from the top of their House……
I will be civil…I will be ‘nice’…but if I fight for you….their Ivory Tower will shake.
I help to take down/out Met Life Home Loans…..but only recv’d $6k for my $300,000 in losses….it cost me more in nickles, dimes and quarters…to fight the 6 yr battle.
I have a STRONG voice and presence on twitter….so if I can help…please let me know via email.
I am the mercury drummer you see on the ’76 quarter….and the Spirit of the $2 bill.
I would like nothing more than to see one person brought back to financial life….can you list in your email how much you think thier fraud cost you….not line items…just a ballpark round figure.
I make them nervous on Wall Street and am in POTUS’s ear every hour……so mine is: trevor.hitchin@gmail.com
if I hear back from you cool….if it is water under your bridge…I can respect that too.
I am sorry for your pain….i have been thorugh the darkest too…..and it was not easy healing while your home was being stolen……..Boise has a lot of praying to do.
let me know….and Godbless you for sharing your story.
I am sorry America did this to you….to us all.
Not the way GOD had intended it…..but then again….mabe THIS communication will lead to a silver lining….another one.
not trying to be a hero…I just want to punch BoA for you…so hard it hurts them in pocketbook….so they pay you….so you have closue. There are 1000s of stories like ours….and we need to be renumerated/compensated for their white collar crimes.
WE do have people on the inside…ready to help. WE do….10 yrs later…but WE do.
Therefore you do too.
I am with the underdog, always…the Good News Bears.
cpwbtdhk
Thanks a bunch, Trevor, getting old is not a lot of fun. I have not been sleeping much at all for some time. I know what to do as I have always said, it is the simple things in life that sits right in front of our eyes that evades us. I have an order vacating the judgment of foreclosure based on motion to vacate the judgment of foreclosure. Relief sought: Dismiss the foreclosure case; Void the mortgage. The plaintiff never filed: Motion for Rehearing or notice of appeal all of which must be filed (30) days after the court’s order which would have been January 16, 2017. The court’s order is now “Law of the Case” as the court no longer retains jurisdiction. Next thing: file for a warranty deed based on my motion and the court’s order. The next thing I will half to deal with is the plaintiff refusing to sign the release of the mortgage. Motion to Show Cause Why the Plaintiff Should not be Held in Contempt of the Court. I believe will be in order.
I have had a total of (five) break-ins to my house since March of 2011. All of which purpose was to steal my foreclosure defense documents. March 2011, May 1, 2014, March 23, 2015, May of 2016 and the last one December 3, 2017. I have witnesses. I know everything about the man who broke in except for his name. I can’t tell you the reason for the sheriff refusing to investigate on this site. My intel came from a DEA agent. I finally got enough money to pay for a good home security, well I should say, multiple home securities.
I will half to finish getting all my documents together as I am still sifting through rooms of documents thrown everywhere. They alway leave my house in a mess.
I did try to get in on a class action law suit against BoA, but my BoA mortgage number was not a valid mortgage number. Who would have think it? i will be in touch. Thanks a bunch.
Hi Trevor,
Here is deceitful and fraudulent acts Bank of America did to me. In November, 2005 the same year I bought my home, BoA began embezzling money from my mortgage account as evidenced by my monthly payments were not applied to my account through December 30, 2010 for a total of 23 payments for close to $24,000 and charging me interest on this stolen money.
I was unaware of this until 2014 when I received my mortgage payment history from Green Tree Servicing, LLC, another crook. I received a letter from BoA thanking me for allowing them to purchase my home equity line of credit, of which BoA needed my expressed, written agreement. Of course BoA never had my consent stating I should receive an IRS 1099C form. Then, again through correspondence from BoA, I noticed that the home equity balance was added to the interest charged on my mortgage account. Of course I never received an IRS 1099C form. After BoA increased my mortgage payments from $1080 to $2374 a month, on a 30 year, fixed rate loan, and BoA had been charging me interest on all the money they stole from me. After 30 disconnected phone calls to BoA, the rep told me, “that if I could not make the increased payments, they would not accept any more payments from me, and could foreclose on my anytime they wanted”, end quote. I have an email confirmation dated January 13, 2011 from BoA.
BoA filed for foreclosure on me on June 7, 2011, the same day I fell ill to Lyme Disease. I was subsequently approved for disability from the Social Security Administration after starving for some time while the Lyme ravaged my body with arthritis and nerve damage. Before I became ill, I had been working two jobs supporting my daughter in medical school.
Silver lining: My daughter was able to get a large grant to pay for her entire medical school which was $250,000.
Amen to that.
As they say, the Lord works in mysterious ways…and yes…the last ten years have been hell on earth…hell indeed. Your adivce is welcoming….and since those who stole from us…those who abused their power….they will have to answer to GOD…as we enter the 1,000 years of ‘cleansing’.
Now you that you mention it, losing my homes actually has brought closer to Spirit….and I have met the most beautiful people….in my stuggle…….and I would have never met them had I been comfortably home….a tripple edge sword. I literally found myself STANDING ON a blank note card….at the Boise City dump….seagulls over head…..being thrown out of my home….the card read “GOD will take care of you”.
I still like my idea of ONE courageous Lawyer….taking on a multi-defendant class action…..for $ Billions…..but then again…Christ Himself asked for one…..just one good man or woman to stand….and even for him…..no one jumped at the chance.
I see change coming…..lessons learned. I see fairness in our future…..the meek shall inherit the new earth…..the land we cannot see yet. The sea shelves rising…..
Thank you….and IF there is ONE brave attorney….ONE firm willing to fight for all the marbles….please reach out.
If Drug Cos. can do this……..if major Insurance Cos. can do this…SO.CAN.WE.
Hi Trev, you are so correct. The problems are pro se litigants cannot sue for class action suits. That is the law in most states and federal courts. I have been where you are now and it was so bad, I get very upset just thinking about it.
You must be a very good person. “Wherever good does, evil follows”, Master Ling Chi. Circa 1974. “The longest journey begins with the first step”.
Being good will not get you where you want to be. First, I am not a blind faith follower. I believe what I see and hear. Me and others that were present has seen and heard the voice of our Lord and Savior, Jesus Christ on sever occasions. For most of us, even me it takes time to imagine such an all powerful being and to quiet your mind through meditation or any means you can use to connect to Him. It takes time and effort to abide by His teachings. Praying for your enemies is the hardest thing I have had to overcome, but it does work. You will be tested so be prepared.
Good luck in finding a Christian minister that believes in God. They are few. The practice of Macrobiotics will help you rise to level you can’t imagine in your present state. Look for counselors in your area.
I have to leave this post for now. God bless and be in touch.
hi all….still here…and yes…plenty of Bankster Scars to show for the abuse….2 homes…both in ADA COUNTY, IDAHO….Mayor’s Brother, the Judge did not even show to my Summary Hearing….where I lost…..so yeah, well travelled on this road of sloth.
I have an idea….why can’t we just CLASS ACTION (People of United States v Met Life Bank, Wells Fargo…First American Home Mortgage….etc….et al) why can’t we just add our names to a list…..pull a MASSIVE number out of the air…say $10 Billion…and go to town….and make our way up the JUST-US tower…….I am not done fighting…..but I am done hitting my head against the wall…….
How far from reality am I?
I am at the top of the food chain….starving.
I am trevor.hitchin@gmail.com if anyone wants to ‘chat’ 1:1 about this.
Our Country looks pathetic after what was done to us all….writing from a Motel room…and I am lucky to have enough to be here……..lost $1m + to the Boise fraud…..I want my money…I want my slice of the Fairness Pie….I was tortured…I was left to die…they STOLE my homes and raped my finacee on Christmas…the Cops…the Boise Police did…gang raped her 2011….NOT one cop has been arrested yet. Boise = Hell on Earth…..and the ‘mormon morons’ at the helm say it is the #1 city in America. Maybe Amerikkka, but not America.
Not the Country we have called home….me for 46 years.
Cheers.
Never give up……ever.
Trev
You’re the 3rd or 4th World Savings case I’ve heard about in past couple of days. Seems like pattern I’ve been seeing where certain lenders are pushing through theft of homes at certain times. When a county or area is corrupt only option is to make corruption charges to higher ups. Other option were trying is making public and showing any loan is potentially fraud and anyone can be affected not just “deadbeats”. An apartment building, commercial properties, properties not in foreclosure would be powerful and hit them on public opinion side which is only thing politicians care about.
Broker Sharon we are at the next stage and most don’t realize it. With the Wells Fargo scandal and Chase investor revelations, recent cases in CA it’s more and more clear courts and judges are corrupted and our homes are stolen. We still must stay out of the court trap as long as possible but now is the time to come together and demand justice and due process.
How do you fight when the judicial system is broken ( one-sided) especially in Lee county Florida. The judges are not following the he rule of law. We had 7 attorneys followed with corruption or incompetence. When asked to counter sue for fraud they would say what fraud. Had pick a pay world savings predatory loan, improper late charges when all payments paid on time. Have proof with receipts from post overnighting from post office. Forced placed insurance when had insurance and never lapsed, during mod they did not reduce interest for 3 months out of 12 (7.1 to 4.75% on 2,000,000 loan equates to almost $12,500 total overcharge, late charges of $16,000, forced placed insurance $4,700. This was a n induced foreclosure creased by design. The used a realtor to do drive by bpo on a 43 unit apartment building and swore to court property value of $1.3 mil without viewing financials and viewing 30 units remodeled (tiled thru out and 37 occupied out out of 43 units,)
I live in the broke state of Illinois. I know a man that is a semi-retired DEA agent. He told me that disbarred lawyer, Al Williams, the former state prosecutor was selling heroin and cocaine. Al Williams heard he was being investigated for drug dealing, he began stealing money from all his clients including $100,000 from a 97 y.o. nursing home patient and $25,000 from another nursing home patient who was 95 years old. He is now in foreclosure. Karma. I would like to publicize my case. bollivar4@gmail.com thanks.
Disgusted1
August 29, 2017 at 2:32 PM
Same here Bollivar. You know of any LAw firm in Crook County that are willing to Sue Non Licensed Debt Collectors that steal properties here ? New Penn DBA Shellpoint. What a crooked State.
Countrywide began embezzling money from my mortgage payments and escrow account in October of 2005 not long after I bought the house. This fraud was continued by Bank of America through December 30, 2010 when BoA increased my payments from $1080/month to $2374/month on a 30 year, fixed rate loan. BoA rep told me if could not make the increased payments, they would not accept any more payments from me and could foreclosure on me anytime they wanted. (coercion). After my lawyer was disbarred for taking bribes from BoA to derail any defense to foreclosure his clients had, I had to take over. The judge was extremely biased, prejudice and discriminated against me (I am disabled, violation of Americans With Disabilities Act). I was very ill from Lyme Disease, but I kept fighting this corrupt judge until I wore him out. I finally got an order vacating his judgment of foreclosure with a stipulation that I must hire a lawyer to keep his order. The criminal servicers bought every bloodsucker in my area. I will bring this up at the next status hearing. I have other tools under my sleeve. I have lost a lot of weight and several teeth in this battle. I am more than ready to lose more body parts whatever it takes. Being a homeowner is not easy.
Thanks for sharing this. All of us who are on the winning side should take our strongest arguments and share them (privately) with others who are still fighting. Time to tell the banks to stick to the original purpose for which we the people created them.
We have two issues…One, who owns the house, and Two, who owns the mortgage
Now, most people can’t take title to a house without obtaining a mortgage. and In order to GET a mortgage, you have to agree to 1) pay the mortgage off, and 2) keep the property repaired and in good shape PLUS pay the taxes and insurance to protect the owner of the mortgage, whoever that may be o you you fail to do any of those things.. YOU GIVE THE RIGHT TO FORCE A SALE OF THE PROPERTY TO PAY OFF THE MORTGAGE. If you keep your promises, you can sell or pretty much do whatever you want with it that isn’t illegal.
That concept isn’t that difficult.
But when someone DOESN’T keep their contractual promise, don’t think you can distract a judge with confusing them on who is entitled to force the sale…its pretty immaterial. Who is entitled to the proceeds really doesn’t involve you, that’s between others to fight over. If you or a court sells it, if it sells for more that what is owed will come to YOU, if it doesn’t cover what is owed, you could wind up no longer having title to the property…you MIGHT find yourself STILL OWING THE DIFFERENCE, hopefully that won’t happen.
There are only TWO PEOPLE I know personally who actually wound up doing really well.
One is a good friend of mine who WON his foreclosure case, and although the mortgage still is recorded against the property and ‘of record’, the company who tried to foreclose on them HAS TO PAY THEIR annual insurance AND real estate taxes, …..and he gets to stay in his gorgeous two story home right off the ocean without paying ANYTHING other than the utilities !!!.
The other person is myself . I had both a first and a second ( a Line of Credit ), both of which were approximately identical in amounts still owing. My first promised to roll my low initial “teaser-rate” three year ARM into a fixed rate for the remaining 27 years at no cost to me, and after telling me not to make the January 2008, February 2008 or March 2008 payments or they would cancel their offer, and promised they were setting my next payment to be April 1, 2008 – the filed a foreclosure against me just prior to April 1, 2008..
I sued everybody. The foreclosure case the first filed was ordered to be modified to a fixed rate, and the second, which then went to federal court, and with the help of the Justice Department, the bank was ordered to forego all interest and forgive the balance of $82,000 and pay $20,500 to cover the federal income tax on the canceled $82,000 debt, leaving me with about half of my property for free…half is better than none.
Both my friend and I did extensive investigation and legal work.
That’s what it is going to take YOU if you expect to defeat something and collect damages.
to read
Remember the law is CONSTANTLY changing and the whim of a judge can never be absolutely predicted….
In Florida, where we both are, the Bartram decision basically said the SOL stands, but ANY default that hasn’t been past the SOL, the right to foreclose stands. HOWEVER, you need to carefully read the recent 4DCA opinion in Sandefur v RC.
My friend used five different attorneys including two former deputy Florida Attorney General, to win his case, but because he won, his five figure attorneys fees were fully paid for by HEBC, who tried to foreclose on him.
I did all my own legal work, but I have been in the mortgage industry since 1965 and read Appellate decisions for a hobby, and I was going against Wells Fargo and BofA who both have done so much wrong they made it easy for me…. but it was painstaking ( you can pull up my case in the Broward Case Search)…pay attention to the Order signed by the head judge Jack Tutor !!!
(I was given the green light to separately sue Wells Fargo !!!)
If you have ANY scoop of misconduct by Wells Fargo or their alias American Servicing Company (ASC) now moved around to under their Wells Fargo Home Mortgage, or HSBC or “ACE SECURITIES”, please let me know…we could very well be of help to each other
Would you happen to know of any cases or individuals, including their attorneys, who have had any success against US Bank in attempted wrongful foreclosure actions. I am in a non judicial state in the 11th Circuit. I need any useful insight I can get at this critical juncture. I had/have a solid TILA rescission claim that the courts have conveniently bypassed.
I am in NJ and motion of summary judgement was recently denied, first of all US Bank as trustee *(if that is your case) can not foreclose as they have no rights. I need more info on your exact situation like who originated your loan , who is named as plaintiff, is there a trust/trustee involved and was your loan “sold” at any point. If you’d like the details of my case feel free to email me at d.casey17@yahoo.com Best of luck, don’t give up the fight, we are making headway in this charade
Payments could have been kept up easily for most people if the banks had not gambled away our economy. Read, “The Big Short” and “Fool’s Gold” and “All the Devils are Here” all available on audiobook to understand.
RE Broker (Sharon)
July 20, 2017 at 12:37 PM
also, “House of Cards” and “Too Big to Fail” as well of course of ” Chain of Title” all available on audiobook. Listen to it in the car.
Finally, the judge, sensing there are “material issues of fact” hahaha, has denied Plaintiff’s motion for Summary Judgement, and has asked counsels to contact the court to set up a trial date. The question for this group: Should we ask for a jury trial or go with the bench trial? Any info. is appreciated.
Here’s a chance to have an impact. Please sign petition to stop eviction of Purple Heart veteran and his wife. Wells Fargo claims they can’t do anything as Mr. Sexton tries to survive Leukemia and had $30,000 to $40,000 stolen from him by sham operation. Eviction scheduled for Tuesday.
A review of public documents shows the worst cast of characters MERS, AWL, Fidelity/LPS (Lorraine Brown). 12/16 Fidelity was in settlement talks for robosigning for $60 mill on top of LPS previous settlements.
Appears to be worse than usual broken chain of title.
The trustee doesn’t have many foreclosures in area of the property or even CA but very active relatively speaking in Midwest, South and East coast. https://www.gopetition.com/petitions/urgent-stop-unfair-eviction-of-senior-purple-heart-recipient-and-his-wife.html
So sorry to hear sharon. I surrendered my house in bankruptcy after chase reneged on 2 loan mods because they could not figure out ownership of the loan. How can they give loan mod if they do not have right lender on mortgage. I should have contested it more but after 6 years, i had enough I hate i had to file a bankruptcy just for the house but they kept adding on all these unexplainable fees and i has other assets that their criminal lawyers probably would have come after and could not risk it. I believe obuma wanted to break down the middle class and this was his way of pushing us down so he just insulted us by diverting monies that should have went to help homeowners. Never trust the banks, your realtor. They r only out for themselves prices for homes now are back to pre 2008 prices and buyers really need to beware
This is exactly what continues to upset me. How can the banks get away with this? In my opinion your home should be returned to you, regardless of what you were forced to do in bankruptcy court. You can look up on youtube, just type in “Bernanke questioned about trillions” and see that money was given to banks all over the place, even in foreign countries after the crisis yet people like us couldn’t get new loans, modifications, etc. Justice has still not been served to the American people at all in this. Many of these homes still sit unoccupied. I pray our government will finally realize these homes need to be returned to their rightful deeded owners, not the banks or investment groups, but the people who lived in them and bought them for their families. I pray our government will have the ability and desire to do this because it is the right thing to do.
Except Obama was left with fixing the financial crisis and the “war on terror” and people are still falling for it. Republicans wanted to let foreclosures go forward no matter what then both parties with the bribes of the banksters corrupted HAMP and the bailouts which every politician now needs to come clean on. We can’t just believe whatever we want, we need to challenge this crime on on our country wherever we are are and no matter what party we’re from.
RE Broker (Sharon)
June 14, 2017 at 9:40 AM
Hammertime, I’m not sure about what politicians are complicit. I think it is individual. The people that wound up taking my house were the bank or group of investors, the judge and the sheriffs department. They are directly involved. So the problem seems to be a failing in our Judicial and Law Enforcement Departments.
This is how the banks operate thru fear, intimidation, trespassing, trampling homeowners property rights, fraud. They use whatever evil means they have available to them which are plenty because as we know the banks also stole the money that should have helped the homeowners. They f$$ked up and the taxpayer gets screwd and they keep sticking it to us. They just want to make it go away anyway they can and the only way they can do that is to keep on with their corruption they started. They have to bully u out of your house so they can start over abd if they get you out with fc judgement and dump deficiency debt on you, they will bully you until you stop fighting or they put fear in you until you go away. Why doesnt our current president mention anything about this. All u hear is about the 2008 crisis, but no one really talks about all the people who lost their homes. They want us to forget and go away, but anyone who fought to save their home and see how corrupt the banks truly are will never forget and we shouldn’t. In fact there should be a history book approved in public schools explaining how the banks brought the crisis on themselves and how they wrecked families and their lives by forcing us out of our homes. Most of us are forever scarred. We are casualties of the foreclosure civil war!
All so true. It comes in waves, just when I think I might be starting to heal, I become obsessed again. This tells me, it isn’t a scar, it is still an open wound. I attend to it by learning what I can, trying to go on with my life and writing letters to those who I believe may have authority to do something about this. We can’t be left behind destroyed and empty handed. There is no justice in this outcome and it will bother me until the wound is healed with justice. I don’t know where it will take me but I know I can’t let it go. I believe at this point that the banks could be declared an, “enemy of the state.” for the upheaval they have caused on American turf and the destruction and weakening of American families that has been the fallout.
How do we know that spies, terrorists or organized crime, gangs etc. are not using these homes that good American citizens have been driven away from? How do we know that a foreign entity is not buying up huge lots of them for nefarious activity? How can the government be letting this happen? We are told that our country is so concerned with National Security. The banks have opened us up to the greatest security risk of our time, in my opinion, millions of homes in which good citizens of the United States have been driven away from that are sitting waiting to house invaders. Was it planned? That is a good question. How can I believe it was not planned when I tried again and again to get a modification, to pay them back and they refused. When I was threatened in front of a room full of witnesses and driven out of bankruptcy court by a government trustee? The only thing they wanted was my home. My little 800 square foot home. How does this make sense? The government must intervene to give these people back the control of their homes. Read the Reuters article I have placed here. http://www.reuters.com/article/regulations-zombie-idUSL2N0MA0Z520140313 I waited in my home. They had to remove me. What happens there now is the responsibility of the Sheriff’s Department, the local judge and ASC/Wells Fargo/US Bank until I receive notice that my home has been given back to me. We should all receive these notices. It is the only right thing to do for the future of our country and our people. The only safe thing to do for all of us..
…maybe someone didn’t like his neighbor so much because they had a low level job, was poor, didn’t mow the lawn enough, used foul language, whatever, but they were regular people. American fabric, neighbors. How is our government giving control of huge lots of houses to banks who have very little government oversight? Who were handed billions of dollars (Too Big to Fail) with no restrictions and simply “trusted” to fix things. Really?
Ims53. Are you going through a foreclosure or did you loose your home?
RE Broker (Sharon)
June 12, 2017 at 9:10 AM
The Sheriffs came and removed me from my home last May – 2016. 4 Sheriffs came to my door. They proceeded to place all of my belongings into a container which remained on the street overnight then was brought to the local dump the next day. I called the town and begged them to hold on to it so I could bring a truck to retrieve my belongings. I spent a May Spring Day as an American Citizen retrieving my belongings from a local dump after a half a Trillion Dollars was given (lent?) to foreign banks by my own government as I begged for years to be granted a modification only to be told by the bank that they cannot give me a modification because they do not participate in government programs.
Bobbi Swann
June 12, 2017 at 11:32 AM
@ Sharon (RE Broker). I am truly sorry for what you had to go through! A police officer dies outside of the line of duty and people flock to donate monies for the family left behind. A long parade of a funeral session where the streets are closed down BUT no such help is provided in a situation such as yours. It is truly sick that the fate of the ‘living’ continue to suffer and no help is provided. Have you or did you try reaching out to your local TV stations on your story or the plight that you faced? Or place a Utube video on line as a means of ‘warning’ others? Jamie Dimon recently made a statement to his stockholders that more needed to be done to provide housing for the lower class…made me puke! He will live his life in luxury now, but the Almighty will be his final judge.
RE Broker (Sharon)
June 12, 2017 at 3:05 PM
Bobbi, thank you for your support. It is truly a lonely place to be, still embattled in the 2008 Financial Crisis nearly 10 years later, picking your things out of a dumpster after doing everything you could to try to help a bank to give you a mod who was claiming to try to help you. So wrong. Kindness and kind words do help in the healing process while we wait and continue to speak up until justice is done and the homes returned to the people.
Mick. Fyi. I had to file bankruptcy after fc judgment and the interest adds up quick and by the time they sold my house, they claimed the deficiency to be over 180k. Liars and thieves and if i wouldnt have declared bankruptcy they would have taken my rental property which i now live in which is worth anout what they r claiming in deficiency, but unfortunately in bk. You have to disclose assets or they can not give you the discharge. What a racket. These banks knew that we could not win or would not have the money to keep fighting them and their crooked lawyers based out of tampa are so incompetent or stupid or both. I would have been living in my car because I know they would have come after me for deficiency because they knew about rental. It has been a nitemare and separated me from my one and only child. I have to believe we will get justice someday and I hope i am living to see it.
Are You prepared to LIVE in YOUR CAR? If not, FIND SOME MONEY! Have a list of attorneys (the best don’t stay cheap long, and like former posters, when You’re ultimately staring at a Deficiency Judgment (where they cay can take everything, including Your current SALARY with garnishment) because (at least in Florida) that Judgment hangs waiting for ANY Thing You OWN or EARN for the next TWENTY[20] YEARS. Costs those collection attorneys (who paid pennies on the dollar for the FC Judgment) are willing to invest now are increasing, for anyone STUPID Enough to remain here (in FL) AFTER a FC, IF You didn’t negotiate Deficiency Judgment WAIVER in the FC Judgment Process. These blood suckers are going to be after You whether YOU FIGHT or NOT….so why Not Fight? All You save Yourself(here) is a few more decades worth of GRIEF!
Just file for bankruptcy: In general, a mortgage deficiency judgment is treated like any other general unsecured debt (such as medical bills) in bankruptcy. This means that whether you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy, once you receive your discharge your personal liability for a mortgage deficiency will be wiped out.
My daughter had me listed as the beneficiary for her life insurance. She has since had several “accidents” assaults and close calls. Sure they can say I’m crazy. That is how they fight. They call you crazy. Just like Lynn on the plane in “Chain of Title”, random threats, harassment and worse. You can’t prove anything unless someone talks who is involved in their evil dealings. I have since begged her to reassign her beneficiary and thankfully she has. I can only assume the FBI just watches them do this. They know all about you. All they care about is money.
RE Broker (Sharon)
June 2, 2017 at 1:37 PM
I have already read “Chain of Title”, “The Big Short” and “Too Big to Fail”. I am just about to start “All the Devils are Here.” I am going to start to send more letters soon and these books help me to be better informed when I write to the Attorneys General offices, Congress, Senators, etc. As I said in a previous post, money has gone back and forth from the government to the banks but very little if anything truly helpful for the homeowners. This is terrible injustice and I will not be quiet about it. If anyone has another book to recommend please let me know. Thank you.
Some questions if anyone knows the answer, chime in! How do you find out what pool of mortgages your loan might have been grouped in? Also, were loans re-amortized, not sure if that is the word… When a HAMP modification is done? As in, did I go back to making mostly interest only payments? Sure seems like it. I’m fighting my foreclosure sale. I’m going to fight like hell but I don’t see much evidence that homeowners have been able to win.
did you get a complaint , who is the plaintiff, there is a lot of was to find the trust info ,
RE Broker
June 1, 2017 at 8:12 AM
So I’m told the banks didn’t have to give us modifications, yet they were given billions of dollars to help people like me. At the bottom of dozens of letters the bank sent me purporting to be supportive and help in any way they state to contact them so we can see what type of program meets my needs, yet when I did this on so many occasions they said they do not participate in government programs. This must be mail fraud at the very least. I’ve seen big masses of dollars going to banks to help them and then going back to the government for penalties again and again and yet here we are starving at the bottom. I can’t even go back to my Real Estate career, not only because of the harm that was caused to my personal reputation but also because of the fear of putting people at the mercy of a mortgage of any kind.
RE Broker
June 1, 2017 at 8:26 AM
Sorry I put this on the wrong thread.
Ashley
June 5, 2017 at 5:43 PM
US Bank, originated through National City but from my research it looks like my loan was sold to US Bank before I even signed the papers. Dated September 7th, 2007. It was a first time homebuyers loan if that makes any difference.
Ashley, we all fought like hell due to uncovtthe fraud and forgery being accepted by the courts.. nothing matters! The banks sold our mortgages many times over and lost the NOTES so they have to remove you to sell it to another in order to create a new NOTE! Get a huge setttement and get out, if not, you’ll fight, spend money chasing your tail as well as sleeplessness! It’s a crime by the big boys and we never win
RE Broker
June 2, 2017 at 8:27 AM
I have no money to fight yet I will not go quietly into the night.
Theresa
June 8, 2017 at 7:00 PM
We do win. I won. I’m working on a site to give people specific information on how to win…and a book detailing my experience through the five year wrongful foreclosure battle. You must stand firm. You must be organized. You must research and educate yourself. You can win. Many others have…and will.
daninwestpalm
July 25, 2017 at 6:29 PM
I like the part about “get a huge settlement” JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did.
-News Flash- -News Flash-
FLORIDA FC Victims
I need each and every one of You to put out the word….Desperately NEED to hear from ALL or Any that You know who’ve received 1099’s after FC judgment & also rec’d notice of, had attempted, (or worst of all) actually executed Deficiency Judgment against them as well? Liens on other property? Even Better; Garnishment on their wages? Best. Have a mean thing working, need victims. Taking bull by the horns (& no prisoners when done).
Ask them to please email me: petemichaels1@comcast.net Ask them to CALL ME 352.246.7483 anytime between 0800-2100 EDT
My house was taken, NY, Sheriffs showed up. I waited them out. Then received tax document that I owed the balance of a sale that took place back in August from one banking entity to another. Received this doc after I was removed in May. Supposed sale happened the August prior. Never received tax doc until after I was removed, well after the April 15th filing date for 2016.
RE Broker
May 28, 2017 at 6:38 AM
I wrote to Attorney General of Suffolk County, NY State and US, under last administration. Received letter back from office of Eric Schneiderman and off office of Loretta Lynch. Letter back from US Attorney General stated that my case was referred to FBI for investigation. I have not heard since. Letter back from US Attorney General was from Ian DeWaal, Senior Counsel, Fraud Section.
RE Broker
May 28, 2017 at 6:43 AM
Faxed this letter from Attorney General’s Office to Mr. Anderson at ASC/Wells who had responded to my CFPB complaint where the NY State Attorney Gen had referred the case for me. Shortly thereafter the WELLS FARGO fake account scandal broke.
RE Broker
May 28, 2017 at 6:48 AM
The letter I wrote to Attorney Gen. Loretta Lynch and cc’d the Atty Gens for NY and Suffolk outlined my story of pain and suffering and highlighted how my RE career was ruined by the posting of my name in public under foreclosure. How I had gone to 3 separate workout programs physically and applied for modification again and again producing every bit of paperwork they asked for. How each time there was a different reason given as to why I could not get a modification finally culminating in only, “the bank does not participate in government programs” I contested this in my letter to Atty General. I’m a American. I should be able to have access to American government programs to save my property.
RE Broker
May 28, 2017 at 6:50 AM
Please feel free to contact me with comments or replies. I think I forgot to check the boxes on all of the replies I left. Thank you.
RE Broker
May 28, 2017 at 7:21 AM
In the letter from Ian DeWaal, US Attorney General’s office, he acknowledged receipt of my letter stating that I was wrongfully denied a modification and that I was verbally abused in front of a courtroom full of people as a Pro Se Individual by a Trustee in bankruptcy court and that the matter was being referred to FBI for investigation. I have the letter. Interestingly, the letter was obviously ripped open and crudely taped back together. The local Post Office said it was delivered to them that way. I have pictures of how the envelope arrived. I am unafraid, probably to a fault.
RE Broker
May 28, 2017 at 7:27 AM
Everything was taken from me. My home, My reputation and My Career! I have no fear at this point. I will stand up for this cause even if threatened with death, jail or whatever else they want to threaten me with. I am a Real Estate Broker and private property ownership is very important to me as a principal.
RE Broker
May 30, 2017 at 7:15 AM
Additionally when I went down to the town in Babylon I was prevented from paying any taxes and having anything to do with the tax liability for my home. I was treated as if I were a non entity, a random non- interested party and blocked.
RE Broker
May 30, 2017 at 7:48 AM
I wish I could attach the letter from the US Attorney General’s Office here but I don’t know about the legality of publishing this official doc from DOJ or if it would harm a pending lawsuit if I could ever find an attorney to take my case. Here is the piece of the letter that is most important, I think, and I quote, “This is in response to your June 6, 2016 to the Department of Justice regarding your complaint, that your home was foreclosed, in part, because your application for a loan modification were wrongfully denied, and that you were subject to verbal abuse, by a bankruptcy trustee in public.” It goes on to give me resources to help me with the case citing that the DOJ takes very seriously how Court Bankruptcy Trustee’s behave toward the public. It goes on to refer me to the Albany Legal Aid Society and the Suffolk County Legal Aid Society. i had contacted several of these types of entities in the past, never a returned phone call or response. I contacted Albany Legal Aid and referenced the letter. I was practically laughed off the phone, however, I did get the indication that they recognized my name. I contacted Suffolk Legal Aid via email to make it more official. No response at all.
RE Broker
May 30, 2017 at 8:05 AM
I did everything the bank requested of me. I gave them all the paperwork they requested over and over again. ASC never seemed to know that US Bank had brought me to court, when these court dates were, etc. I was working with ASC and US Bank was taking my house. while I was going along thanking them for their patience until I finally wised up. Like the people in “Chain of Title” I was not looking for a free house, I was looking to pay them back, but they blocked me, prevented me, strung me along, caused irreparable harm to my children from the constant strain and stress of becoming homeless at the drop of a hat, irreparable hard to my career and yet I still believed they were good, all their commercials said they were. I even referred them for a loan for my last Commercial RE Deal I brokered in 2014. No mercy, no consideration, no humanity.
Not only was I blocked from a modification, but I was also told I could not pay my mortgage, or contribute in any way financially to the mortgage until I had a modification in place. Completely unjust! I have the check they sent back to me to prove it.
I was still working with CFPB at the time. I received what seemed like hundreds of documents from Wells Fargo trying to defend their case. CFPB considered this adequate answer without even consulting me and just closed the case. When I tried to reopen I received word from CFPB that even if the party I am complaining about did something illegal, they may or may not inform me. Case Closed.
Theresa
June 8, 2017 at 7:25 PM
I see posts about CFPB and Attorney General. Know that whatever you send to them they WILL give the bank an exact photo copy of what you sent in. This can give the bank a “heads up” that you are coming after them. However, you can also use this to your advantage if you know what you are doing.
I have printed emails. I have the letter they sent to me when I demanded in writing their answer that, “the investors of the loan do not participate in government programs.” which is the reason I was given for not receiving my modification. The letter is very vague, of course. They still claimed I owed them hundreds of thousands of dollars, after taking my house and I have the letter from US Bank in response to my letters that they refuse to forgive me the debt. I try to move on with my life but as the people in Chain of Title were unable to move past it, no matter how much time I pray, spend in the church pews, enjoy my family and new married life, I can’t let it go. It gnaws at me, particularly now that both my adult children are in need of the home for their residence. My daughter recently broke her leg and lost her apartment, my son was evicted when I was.
So I’m told the banks didn’t have to give us modifications, yet they were given billions of dollars to help people like me. At the bottom of dozens of letters the bank sent me purporting to be supportive and help in any way they state to contact them so we can see what type of program meets my needs, yet when I did this on so many occasions they said they do not participate in government programs. This must be mail fraud at the very least. I’ve seen big masses of dollars going to banks to help them and then going back to the government for penalties again and again and yet here we are starving at the bottom. I can’t even go back to my Real Estate career, not only because of the harm that was caused to my personal reputation but also because of the fear of putting people at the mercy of a mortgage of any kind.
Does anyone have any suggestions for me? I have already gone to the Attorney General of the United States in 2016, can’t afford an attorney and have already had my house taken. Have already reached out to legal aid societies at the suggestion of Attorney General’s Office and there is no reply. Have already had a CFPB complaint closed simply because the bank answered me. And still I am told I owe several hundred thousand dollars.
Why doesn’t the government use the penalty money to fix MERS and give the people back their homes? It may be a naïve question. I am just getting into all of the information about it now. I was holding out that the banks were good for a long time. I needed this to be true in my heart as a Real Estate Broker. I was doing my best to work with them. I never took on a lawyer, until I wrote to DOJ after they took my home. To me, that was taking on a lawyer. I never fought the bank, only tried to work with them. Even gave them more business. They didn’t allow me to pay. Sent back two checks I sent them and told me I could not pay when I inquired. So I sat helpless in their jail for over 10 years all the while trying to modify my loan with them. They didn’t allow me to pay and yet now they say I owe several hundred thousand dollars. How does any of this make any sense at all? Where is there any goodness in this?
JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did. Any advice ?
Ready for the nightmare to end. Bought the house in 2005, I have been fighting Ocwen since 2013. I know that there are major issues with my paperwork and though I have Not made a payment in over 30 months and I have stopped foreclosure over 10 times I need to be able to get this done soon. I have self taught all the defense and ways to stop them in Ga. But I now found that the trust my mortgage is so-called in hadnt had activities since Jan 2006 when it was suspended by the SEC. But on EDGAR I found my trustname . Ocwen claims to have the original note yet no assignment to my file. They have even sent me copies of the note but iddly from 2 different workers and each note has different endorsement names and a allong. Please contact me if you have any way to help. I’m not able to get a fancy lawyer, but I have a great cas
e. Jennie.Elle23@gmail.com
I am looking for a non attorney to research a satisfaction filed by Indymac Bank. The signatures and more look bogus. This was done in Florida.
Please help.
John bestpaj@gmail.com
trevor, yes at some point you have to weigh where u r at. The banks were and still are so messed up that you dont know really who u r paying and if the payments are being applied correctly. I filed BK because I didnt want the tax implications of short sale, but not sure what bk 13 does. I surrendered property so there should be none. the banks have raped us all. If you have to throw your money out the window so to speak, make sure it is worthwhile and in the hands of crooked lawyers and irresponsible banks would not be my first choice.
if I could ever go back in time….ten years…i would have played my cars differently….my win yesterday was not so much a win per se….but less of a loss….95% ‘less loss’ is to me a HUGE win……like staying at the beach long enough to see the next tidal shifts……together…we are all putting light on the dark……and perhaps our rewards for never giving up are still to come…you never can tell…..but I am glad i mouthed off like I did……I am fortunate to havei understood the entire wheel….so if I am ever in charge…I will know what not to do……scars add value…and are very expensive. when good people do nothing/say nothing…..this is the fear. . . this the pledge I took while standing on the ahes of my ancestors in Germany….
i am now thinking of this as the first year of my battle….not the last.
fight for every inch…..stay till the luck turns. pce. Y
aH….BOARD….my port of sanctuary….again we meet….again on choppy waters we sail…but we are still above not below the horizon line… i have news to report…again. to recap i was early in this shell game of RICO and collusion….and bankrot…and greed…and boise judges who are brothers of Mayor who ruled in favor of the Banks even though 50 US Attys smelled rotten foreclosure fraud..2007..2008…2009….so today…literally after ten years of their daily bs ….Met Life Home Loans and others….making my life….my credit….my everything a living hell……including IRS Tax hassels…liens…garnishments….credit destroyed…..friends and family bailed…..TODAY…i received notice from the IRS that my $375,000 fraudulent tax bill from 2007 was adjusted back down to $8,000 and that I can refile for my refund if one is owed….i can also audit my Federal and State Returns for the past 10 years…..thus changing the tidal waters…….it was like winning the lottery……it set precedence……never let go…never give up…my next stop is Qui Tam Federal in the State of Idaho…..v. Met Life Bank….. Hell is freezing over. Idaho is about to be taught a valuable lesson.
Shame on Met LIfe…Cudos to the IRS for seeing through their lies…abuse…and fraud and making the credits in my favor…finally….been a tough ten years….today was a miracle. The Met Life bastards stopped at nothing…now the 2 x 4 in Court. Never Again. @cfpb was worthless to me… as good as in on it.
GBLS….keep fighting…..the truth is killing the matrix….the light is burning it up…veil lifting. Amen!
Yeah….Today I felt like Charlie and the CC….my last piece of IRS hatemail….a HUGE WIN for the light….Forward.
ten years…then / overnight….it all changes. peace on the earth. Trev
obviously it shoud have read: ‘Charlie and the Chocolate Factory….’ the bankrot shitshow is still playing……the chocolate factory still broken….but the good guys won a big game today…..one for the little guy….but for me to have paid that 10 year fake bill would have taken me my whole life….after losing my life savings in 20 min to a compromised Judge….poetic justice. … never let go.
I am currently in the foreclosure process and the lis pendens was filed 2/22/2016. At the time the lis pendens was filed, they filed a copy of the mortgage and the note. The attorney had one of their own employees filed a “certification of possession of original note” as an original document specialist with the complaint, which was signed on Feb 4 2016, but a certification by a person with a fictitious title is not an affidavit and the person has no knowledge of the original documents, as they were not a party to the transaction or agreements. On March 28, 2016 they filed what they claim to be the original note and mortgage and this filing post dates the date of the date the complaint was filed. I have been fighting this pro se. I know fraud was committed. Mortgage electronic registration systems inc. has been the sole assignee of the mortgage and the note since 2005 and they are not a beneficiary, nominee, trustee etc. The mortgage assignment that was recorded literally states that Mortgage electronic registration systems inc purchased both the mortgage and the note for the sum of 10$. February 8 2013, Nationstar Mortgage removed the mortgage info from the mortgage electronic registration system and we believe it was done to hide information. There have been multiple servicers since the original loan in 1994 and there are only 3 assignments of mortgage recorded in the county records. Aurora Loan services inc had it in 2005 and then it went through multiple servicers then in 2010, Aurora loan services inc got it back and I know they did not have a license in Florida. The MERS system look up tool states the investor was lehman/fnma (Fannie Mae). Nationstar denies this but we have the min #. The fannie mae look up tool states they do not own the mortgage or the note but we know the note was securitized because they admitted it was in a REMIC trust and now they are denying it. The mortgage remained assigned to mortgage electronic registration systems inc. from 2005 until 2016 when Nationstar mortgage had their own employee assign the mortgage from mortgage electronic registration systems inc to Nationstar mortgage. There is no corporate seal, no witnesses and no corporate resolution recorded for the assignment from Mortgage electronic registration systems inc. The plaintiff Nationstar mortgage is relying on the holder rule. They claim to have the original note and the original mortgage, which I have viewed and I know it is a fabricated copy which was made by a laser ink printer. The color of the ink does not match any of the original documents that were signed and there is a twist as well because I personally signed the mortgage in a different color ink than the rest of the people. I signed the mortgage but not the note. My husband signed both. The blank endorsement is a copy of a signature, not a wet ink signature and not a stamp. The endorser signed as “attorney in fact” and there is no power of attorney recorded to prove the person even had the authority to endorse the note. The company that allegedly endorsed the note has been out of business since 2002. I live in the home with my two adult children, my 5 year old son and my 3 year old grandchild. My husband does not live in the home. I feel I am entitled to monetary damages and attorney fees. I do not want the money. I want to keep what is rightfully mine, which is the real property, my homestead and residence.
I need help. We do not have adequate foreclosure defense in escambia county florida. Please help me
T. Plott,
Look at your original trust deed or mortgage deed. Does the wording on the deed state that the security instrument secures to the lender the repayment of the note? If so, who does the instrument state the “lender” is? Does the instrument make sole provision for the “lender” to be the loan origination company/ bank, or can the “lender” also be an assignee of the original lender?
What i am getting at, is that when you took out the so-called loan, you conveyed legal title to the property to a trustee to hold as security for payment of the loan. You created a trust- as the grantor/ trustor/ or settlor of the trust. The trust res or rez, (the property put into the trust) was legal title to the real property. If the trust indenture- the security instrument/ deed indicates that the instrument secures payment of the loan to [only] the ‘lender’, then if that original lender is not owed any more money, (which it is not since the loan was sold off), then the deed is no longer valid for any purpose- because the trust has terminated! Once the purpose the trust was created for became extinguished, then the trust itself became legally terminated.
HOWEVER, the alleged note holder will not wish to acknowledge that the mortgage deed- which implemented and governed the trust, has actually become an invalid instrument, and that the original trust has for all practical purposes terminated. Nationstar wishes to enforce the deed as if the deed protects Nationstar as the “lender”, but in reality Nationstar is not the lender, and the trust terminated when the original “lender” sold the loan years ago.
Anyway, write back to me privately, and let me know what the scoop is.
Paul peggli@cox.net
daninwestpalm
July 25, 2017 at 6:36 PM
I did what you said and looked at the original note/deed. JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did. Any advice ?
Not sure how far you’ve gotten at this point. You have to put that information on record in court. Put it on record with affidavits and do it correctly. If you are owed money or damages then get it and don’t feel bad about it… feel great about. That’s money for you and your family. I have no sympathy for the bank. Stick to the facts in court. Be straight to the point…leave your emotions out of it. Hope this helps.
Is anybody here looking into the role being played by 501C3’s in foreclosures? We are being sued for foreclosure by a 501C3. The loan originator got merged with a Big Bank (BB), then the loan was “sold” to a 501C3. (Loan was non-performing (NPL).) We have a “pool” designation from 2015 that appears to designate both the 501C3 and the BB. HUD started auctioning non-performing loans in pools in 2010, FreddieMac followed suit in 2014 and Fannie Mae joined the fun in 2015, all auctioning off NPL pools and SAYING (hah!) that they really, really hoped that not-for-profits and minority/women-owned businesses would be the winning bidders. (Disgusting!) In reality most of these pools have been bought by various BB’s or investment houses, and the not-for-profits are complaining that they can’t get into the game because the BB’s outbid them. Goldman Sachs buys NFNMA NPL pools through a “subsidiary” (as partial fulfillment of their obligations under the mortgage settlement agreement). My question here: what if a BB creates a “subsidiary” that is a 501C3 and sells loans that the BB is already servicing into the 501C3? Do they get additional credit on their settlement obligations? Do they get additional tax write-off’s from foreclosures that are brought by the 501C3?
Need some help!!! In Texas they don’t recognize robo signing unless you have exact proof. I have docs that were signed by Judy Fabre. How do you find out if your loan was in the groups that she was caught and admired tadmitted where robo signed. Those should be fraudulent and null and void. I do I get this info for court ?
dual tracking again after these banks and mortgage servicers ( which are generally the same) this is not going to end anytime soon. I dont understand why trump does not speak out on this. no wonder home ownership is down and prices are too high anyway. should go down with the rise of interest rates. sorry to hear this happen to you. the courts just issue a deed of their own fabrication, called certificate of deed or some fake name like that. they are just walking all over hard working americans, stealing our homes, part of the NWO. Wake up or they will rob you of everything you THINK you own. B******s
LMS,
1-Dual Tracking! Excellent! There’s grounds alone for their Complaint!
2-While I love where we are vs. where we could have been (LOTS Closer to full blown socialism, w/HRC clearing out the shelves of the already exhausted FED like Russian wives in the ‘grocery’ on Americans depicting ‘shopping’ under Communism in the former USSR), Trump is keeping his word, on the issues addressed prior the election. His Sec. of Commerce is bad news and Sec.of Treasury is an absolute nightmare, who RAN a Mtg.Mod. Company and LIED about his company & all the mega-banks when giving testimony B4 Congressional Committees.
3-He (Muninchyn or however You spell it) said “Banks DIDN’T WANT TO FORECLOSE, and modifications were far more cost effective to their bottom line” (I call BS, because they reigned down the FC’s in Florida INSTEAD of mods, and worse WHILE DOING THOSE MODS! They got their CAKE, ATE IT TOO, then turned around and re-sold the CRUMBS! I can only speak to FLORIDA, however I’ve read where it happened (and more importantly STILL IS HAPPENING) nationwide.They’re not only too big to fail, their too corrupt to jail (for fear they’ll educate all the small timers in adjacent cells!). & Now we get to use printed money with this LIAR’S name signed on it for the next 4-8 yrs.
Not saying Geithner was a BIT Better, but we were voting to DRAIN the SWAMP, not stock it with LARGER gators.
Trump coulda done a lot better, & then again, his sister’s a lifelong Goldman-Sacks Higher Up (yep, the same folks that underwrote & UNDERWRITE the Insurance, on the derivatives, for the Trusts, for their Trustees, for the Holders and Servicers of the Trusts Assets, all those MBS, which are founded on a failed concept from the outset….A:Real Estate always goes up, B:the stock market always goes up, C:people always pay their mortgages, and D: people NEVER, EVER REfinance those mortgages….any recent history contradicting those philosophies of biz? Ultimately, like before we’ll lose & they’ll win, even on the most STUPID WRONG Bets, because they Are…’the system’).
jmho,
-Michael
I have a question I am hoping to find an answer to. After the death of my mother the mortgage servicer refused to recognize me as successor in interest and basically demanded the due on transfer clause on an exempt transfer. The property was underwater but after a long struggle we managed to get refinancing. The loan was in foreclosure and scheduled for trustee sale. A month and a half after the new loan closed we were notified that the trustee had auctioned the property anyway, four weeks after the new deed had been recorded. My question is, how could the trustee have auctioned a property without a deed? The property was sold to the mortgage company. It all got straightened out, as far as I know, but does anyone know if this is legally possible? I’d appreciate any information.
Hi Terry,
No it is not ‘legally possible’. It IS Highly ILLEGAL. It’s another in the millions of clouds on titles that has been caused by bank corruption and judicial collusion throughout the country. You have a case, depending on Your state there are laws against this, as well as Federal Laws covering every state. It really doesn’t MATTER whether the Mortgage “SERVICER” ‘chooses’ to do, it matters what the Mortgage SAYS, and whether even that section (or the entire mortgage document) was legal, in Your state? IF (and that’s a really big word) the OBLIGATION inures (passes on to) upon all heirs and/or assignees (which is usually the case for all debt instruments, on ALL Parties thereto), normally spelled out in the FIRST and Second and LAST Paragraphs of All Mortgage/Deed of Trust Instruments (& elsewhere therein as well), You were automatically ‘successor in interest’, unless either a state probate, or federal bankruptcy court determined OTHERWISE? The “Due on Sale” (You called it ‘transfer’ & it can be titled that way) Clause usually EXEMPTS Death, Mental or other Incapacitation, because 1 of the fundamental freedoms our country was FOUNDED ON, was the right to OWN Private Property/aka REAL Estate, and the ‘estate’ part of that term meant ‘in perpetuity’ which means For-Ever, which means it ‘inures’ NATURALLY to the Family, Decedents, Estate Administrators, HEIRS of the estate. To State otherwise IN A CONTRACT would violate every tenet of the fundamental foundation of the concept of OWNERSHIP, of REAL ESTATE, <-making same an 'oxymoron'?
They Clouded Your title. Their TITLE SEARCHERS, 'didn't'. You can SUE THEM, You can SUE their Attorney/Title Company/Title Insurer. You will WIN, and every dollar and cent that You spent defending and refinancing is claimable as a damage, plus the full value of the property, ESPECIALLY if You wound up with a "Special Warranty Deed" from the former Lender? Here's the best part, and nearly all R/E & Litigation Atty's already know, ALL Costs and Atty FEES When (not if) You Prevail. Start shopping attorneys. Any who says "You have no damages" just doesn't want to take on the 'system'. Find a Good Litigator, they'll know better.
Be glad You aren't in Florida. Nearly Our entire Judicial Branch all the way to our Supreme Court has been bought and paid for with either former bank lawyer Justices, or their pension plans are so heavily weighted with BANK Stocks, they don't DARE overturn the stone covering the corruption You have documented IN THE PUBLIC RECORDS, in Your complaint.
HTH,
(& I Am NOT a Lawyer, I'm NOT giving You legal advice, I'm recommending You Seek OUT a lawyer, because even Bill Handel of 'Handel on the Law' would tell You, "YOU HAVE A CASE!".
-Michael
The trustee did not know that the loan was paid off prior to it “selling” the property. You better be certain that the title to the property is clear of the old lien now.
Oh and my friends have called around. So far no attorney is available to take on the case. At least in its current status. Post judgment. But I so agree, what attorney wouldn’t want the free publicity that this case would give? They would get rich or more rich on just this case alone. The amount of clients they’d get would be unbelievable. So many people out there are using owner financing and they are getting screwed and probably don’t know about it.
I think about those folks that lost their homes and couldn’t get a bank loan with a gun. They are all possible victims of fraud. The sellers inflate prices of homes to hide interest a lot. That is pretty obvious just from searching Craigslist for owner or seller financing. The house price is outrageous. Reminds me of those buy here pay here lots. Some say they offer 0% interest but the price of the car is 80% higher than it should be. Crazy!
I think my friends have a call into Mr Sawyer. It would be nice if they could take it on a contingency basis. The seller is not poor and owns a lot of real estate. The case could be huge.
But where are the law firms to take this to federal court? I guess they must be rich enough.
If anyone thinks of another firm, please let me know. I am passing information onto my friends who are so down and out about all of this. How the judge could not listen to a word that was said. How it could have gotten this far is what blows me away.
Has anyone ever threatened bankruptcy or a lawsuit to the opposing counsel? This is not something they have mentioned to me, but I am a bit more ruthless than they are.
Soltis, You’ll need to check further back in the thread, grab her gmail acct. & email her directly? I tried (3x) & she said It was going to spam, but still never replied offline. I’m hoping whoever her friends are didn’t get hooked up with a shylock, because they’ll spend thousands and likely still lose (since they’d already ‘lost’) & get an immediately scheduled sale date. I know folks both in the area & across the state, that, IF their Equity was sufficient (& it MUST have been for Seller who’d given them loan in the 1st place, to go to IMMEDIATE FC Proceedings), would LOAN them the funds, regardless of credit, as long as they had ability to pay back and again, that ‘sufficient equity’. That’d get them breathing room, & the dirtbag seller (& their dirtbag collections attorney) out of the picture, for-ever.
she was a ‘1-hit-wonder’ who came, got her answer(s) & likely will never return (although I hope I’m wrong).
HTH,
-Michael
Hi Carmen. Thank you for the update. I know the lawyers mick mentioned are fairly decent. I actually spoke to bruce jacobs and ice legal Ice legal has alot of green attorneys. I really dont recommend them unless you get tom. And bj is going to be very expensive. He is in the high rent district of downtown miami. I really wish your friends the best and hope they kick their a$$.
So, say I get really lucky and get a Summary Judgement with attorney fees paid. With a CRAZY GOOD case, is there a Florida attorney who would then file a Wrongful Foreclosure Personal Injury type case on a contingency basis? All the big banksters, servicing companies who have paid heavy fines in other cases, and law firms who have been caught, are all involved in my case.
ALL of the ONE’s I named for Carmen, PLUS Morgan & Morgan & dozens of other ambulance chasing, class action filing big named types would SALIVATE at the opportunity to SUE YOUR FORMER LENDER for wrongful FC. We have a guy named Sawyer Smith here in Ft.Myers, who SUED BoA and WON over a fraudclosure filed by them against folks who’d PAID CASH! Not only did he get Summary Judgment, he Got a LIEN on BoA’s PROPERTY and pulled up with DEPUTIES and a MOVING TRUCK to remove and SEIZE their Assets at a BRANCH in Ft.Myers! When, after locking the doors, the branch manager realized the jig was up and the movers were going to be taking EVERYTHING out of the branch, because corporate still hadn’t paid settlement costs (including, of course ATTY FEES), he CUT a CHECK….point IS that it MADE the NEWS here and is STILL on YOUTUBE. Just Search it. And tell me what attorney DOESN’T Want to be FAMOUS?! ON Prime TIme Local Nightly News W/O having to PAY for the Commercial for same?
Sooooo, stillfighting, HellYes! Like I said they’d be KNOCKING YOUR DOOR DOWN to represent You (and a bunch more, maybe like us?) and others wrongfully FC’ed by the Same Megabank(s).
Point is, can You GET summary judgment? Can You PROVE Wrongful FC to these atty’s? If so, What in the Heck are You waiting for, old age? Jeez, Louise, I’d just love to read the filed complaint!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Happy Valentine’s Day & Here’s hoping You get motivated soon, because busting the FRAUD is about a DECADE past due?
Most Respectfully,
-Michael
Bobbi Swann
February 14, 2017 at 4:14 PM
LOL! Living here in Pinellas county I remember the news and the truck pulling up to the BofA branch. You’re right….that went on national news. And I can bet that attorney got a lot of business that came in from ‘free’ advertising for his process serving…!!
Carmen Caparelli-Wintworth
February 14, 2017 at 5:33 PM
HA! That put a big smile on my face, Mick. I agree with you guys. Pay off what the summary judgment is. Then sue the losers for fraud. I am going to call them right now.
Oh my email address is wintworthllc at gmail (dot)com I am sorry about not including it. These people are my friends and I am so glad I found this website.
I didn’t know Morgan & Morgan handled wrongful foreclosure cases. Just looked up Sawyer Smith. Giving them his number. I wonder if he would work on contingency?
This lender owns a lot of property…. so there is a lot to be had!
If any attorney is reading this and wants to jump on a money heavy case you got my email address now.
Carmen.
Carmen Caparelli-Wintworth
February 16, 2017 at 2:23 PM
Hey Michael! I got your email and it has disappeared. Very strange, it is no where in my Gmail account. Must be gnomes! hahah Can you send it to me again. I am at work and I am interested in the lenders you know. My internet at home is crap and not working properly.
Cheers,
Carmen
mick
February 16, 2017 at 8:12 PM
Carmen,
Check Your inbox (then hit PRINT!, then have a pow-wow w/customer service 2gmail!)
Hey guys all is good! They found an attorney who is just itching for this case. I don’t know the name, but they are finally smiling! Thanks to everyone, for your help.
Carmen
imo, its all part of the globalist agenda, to further dumb us down and to control. all the TBTF bankers are globalists, along with apple, etc. I have a feeling that the housing crisis could be just the start. they want to control population, your money, everything……. they are a bunch of elite sickos that need to be removed from this earth.
After reading this post of disbelief that a bank can foreclose and steal your home and that our courts allow it is just so sad! You people who are not “getting it” really need to understand that this is exactly what is happening! It’s unbelievable but true and why?
URGENT CALL FOR HELP!
I have some friends who are looking for one of the best foreclosure appeals defense attorneys for a case in southwest Florida. This is a wrongful and fraudulent foreclosure.The property is owner financed and violates the Dodd-Frank Law at the time of the closing, the usury Law and plenty more. Basically, the seller and her so-called debt collecting attorney have lied all the way through the case. The homeowners had attorney that was incompetent with foreclosures and cost them the summary judgement hearing. A sale date has been set and they need help now.
If you are an attorney please email me directly with your information and experience with this sort of case. Then I can pass it along.
The homeowners have been through hell already and still going through it. The facts of the case are insane. How can people get away with stealing people’s homes?!
They need an angel to help them. Not someone who wants their next born so they can buy a new Mercedes and a $2,000 suit. That wont work here. These people are amazing, genuine, full of compassion, and would drop everything to help someone in need. Now they need that help returned to them. Time is ticking away FAST please hurry before they lose everything.
how can a bank steal a property that is owner financed unless, the new owner took out some type of secondary loan with a bank or perhaps, the seller that financed to the new owner has debts they have not payed and whoever their bank is is coming after seller’s assets which would include the income stream from the seller financed mortgage, otherwise the property could not be touched by anyone except the seller to foreclose if the new owner is not paying them. sorry carmen, there is more to this than you know or or saying. we know the banks are complete aholes, but there has to be a paper trace somewhere for this to fly!!!!!!
Bobbi Swann
February 14, 2017 at 3:55 PM
Owner financing, for the most part, is exempt from Dodd Frank in that unless the seller has financed more than 1 property per year they are exempt. Violation of usury is very, very hard to prove let alone get any kind of relief. In south Florida, where judges are more or less indebted to the banks for their support in re-election campaigns, are still not abiding by the law. Talk about corruption!!! Mark Stopa and Legal Ice are probably going to be their best bet in representation but they will need to act fast. No amount of ‘angels’ (unfortunately) exist in this nation’s court system. Best way to stop corruption is to vote out the sitting Judges and vote in those that stand by the laws of the land and not by the $$$ in their campaign funds.
Carmen Caparelli-Wintworth
February 14, 2017 at 5:17 PM
Hello! Sorry that I didn’t include more details,it was quite late when I posted it. There aren’t any banks involved. The property was free and clear without any liens. The owner financed it and they hand an official closing just like a bank. The home is in the buyers name legally. The Dodd-Frank law section on Residential Mortgage Loan Origination Standards covers owner financed properties. In a nutshell, property owners who sell less than three properties a year are exempted from becoming a licensed mortgage originator. Only IF they follow the the guidelines stated by the law. Here’s a link to the public law https://www.gpo.gov/fdsys/pkg/PLAW-111publ203/pdf/PLAW-111publ203.pdf
Page 763 & 764.
And here is a snippet:
A mortgage originator:
“(E) does not include, with respect to a residential
mortgage loan, a person, estate, or trust that provides
mortgage financing for the sale of 3 properties in any
12-month period to purchasers of such properties, each
of which is owned by such person, estate, or trust and
serves as security for the loan, provided that such loan—
‘‘(i) is not made by a person, estate, or trust that
has constructed, or acted as a contractor for the
construction of, a residence on the property in the
ordinary course of business of such person, estate, or
trust;
‘‘(ii) is fully amortizing;
‘‘(iii) is with respect to a sale for which the seller
determines in good faith and documents that the buyer
has a reasonable ability to repay the loan;
‘(iv) has a fixed rate or an adjustable rate that
is adjustable after 5 or more years, subject to reasonable
annual and lifetime limitations on interest rate
increases; and
‘‘(v) meets any other criteria the Board may prescribe;
The issue here is that the seller violated rule (ii) and (iii). They have spoken to several attorneys all of which state that the seller did violate the law after reviewing the case facts.
So need an attorney to file an emergency stay and an appeal.
Not related to this case. If someone seller finances a property and they still have a mortgage and fails to pay the mortgage, even if the buyer is paying. The bank can foreclose on the home. There have been a number of cases where this has been an issue. They see it as fraud because the seller is committing fraud by keeping the money. Here is a link to a story where this happened to http://homeequitytheft-cases-articles.blogspot.com/2011/10/builders-contract-for-deed-scheme-used.html
Carmen,
There’s Bruce Jacobs in Miami. There’s Ice Legal in Miami. There’s Kevin Jurisinski in Fort Myers, There’s Mark Stopa up around Tampa. There are plenty of great lawyers who will help them out IF THEY HAVE A CASE. I don’t know who their ‘incompetent’ atty was, or How “incompetent” he was, however in Fort Myers & Naples (aka “SW Fla.”) Your friends already have a HUGE UpHill Battle, as, shy of murdering the FC Defendants, FC Plaintiffs prevail about 99.999% of the time here, with both LOCAL and Appellate justices nearly UNANIMOUSLY being former ‘bank lawyers’ (just the way Florida BAR and Judiciary Appointment Committee Want It). That said, THEY aren’t going to acquire representation for ‘free’ because YOU THINK They’re “good people’. They sure as heck aren’t going to get GOOD representation for a CHEAP price. They may wind up in the hole, however IF They still have significant EQUITY in Said Property, I know folks who will refinance them RIGHT NOW….by like, NEXT WEEK, and they can deal with everything else, later, while simply paying off the ‘scumbag’ & scumbag’s lawyer/fees/court costs, and then PURSUING a Separate (or SERIES of Separate) Action(s) against the Plaintiff & Counsel for the purported frauds on the court, etc. IF Your friends have EQUITY, (aka their house is worth $350k & this FC is for $150k) I KNOW People who can help Them immediately (& Don’t CARE About the circumstances, as long as there’s sufficient EQUITY, and a reasonable expectation that the borrowers, Your Friends will PAY THEM BACK).
I’m guessing Your friends need an immediate motion for rehearing, or to file a notice of appeal. I can help them prepare either, if they need to start of pro se (initially representing themselves, while they secure counsel. I WOULD NOT Recommend, ESPECIALLY HERE, they attempt to ‘defend themselves’ in the appellate realm….that never ends well) however moving to the appellate realm only works IF their attorney wasn’t Completely incompetent?
There are also multiple FEDERAL AGENCIES who’d love to hear how their rights were violated (I’m concluding TILA violations, GFE Violations, and a fair # of D-F violations if this is their primary residence)? Is there a particular reason why they didn’t/haven’t COUNTER SUED for fraudulent FC and damages? IF They’ve really been ‘hoodwinked’, there are a SLEW of Attorneys who’d take BOTH the APPEAL and the Fraudulent Foreclosure Case on CONTINGENCY because if the attorney sees fraud having been committed, IN THE RECORD, he/she know they can prove it, expose it, and reverse Your “friends” existing summary judgment.
Usury in Florida is EITHER: Charging Interest exceeding the State Maximum allowed on Real Estate (read=18%, yes, You read that right, EIGHTEEN percent), or charging interest for periods of time either before the owners held title, or after they surrendered title? Usury is a pretty high threshold to meet/prove?
FYI, I am NOT an Attorney (or paralegal) and only do legal research for a few FC Defense firms. IF they have a case, any of the 3 named above will take it and save them their home. Sale Date is immediately suspended with the filing of a notice of appeal. Appeals take about a YEAR, average, and probably will cost them $10-$20k. Keep in mind that IF the “Owner” who did the “Owner-Financing” broke State or Federal Law, and that can be proven, as well as the “Owner’s Attorney” making false representations before the Court, they not only have 1heluva case, they GET THEIR LEGAL FEES and COSTS awarded (both at the district and circuit levels) if what You state can be PROVEN. nobody “can email You directly, unless You make Your email address available to us.
Please consider NOTHING I have TYPED above (or below) “Legal Advice”, as again, I am NOT licensed to practice law in Florida (or any other state). The Underlying SUGGESTION is that You have Your ‘Friends’ begin calling/emailing the above named suggested ATTY’s for some LEGAL advice. Let THEM tell YOU (or more aptly Your “Friends”) that YOU HAVE A CASE.
The FIRST bit of NON-LEGAL Advice I would give Your Friends is to REFINANCE RIGHT FREAKING NOW…close Next WEEK. Get the scumbag outta their lives and breathe easier (again IF THEY HAVE EQUITY, & I’m betting the probably do….usually landlord mindset mortgagee’s jumping the gun on FC’s are AFTER that EQUITY!)
The Second bit of NON-LEGAL Advice I would give Your friends is to GO to the COURTHOUSE, Clerk’s Office and shell out the $100-$500. to get a copy of the ENTIRE Complaint & Action, including the summary judgment ($1. per page, statewide cost). Take it to Kinko’s/Office Depot/Staples w/a THUMB Drive (or do this at home if they have a scanner) and create a chronology of “.pdf’s” keeping them to about 2-3mb ea. and number all files/including motions & orders by DATE, or other numerical procedure so the entire FILE makes Chronological Sense. HAVE it on a thumb drive when meeting with the atty’s. Let them READ the case. IF It’s winnable, the ATTORNEY will see that and tell them so. I can also share simple online format to transfer up to 2GB for free to those atty’s.
Carmen, I hope something in this helps both Them and You?
My 2 cents
Happy Valentine’s Day,
Most Respectfully,
-Michael
352.246.7483 anytime
PS:lms53…actually private lenders/owner financiers are now regularly SELLING their NOTES, so don’t assume that just because an agreement started out ‘1 way’ it couldn’t take a serious turn, ‘another way’ after a new servicer begins handling the note & pmts? Not saying that happened here, but it DOES Happen, all the time now.
Carmen,
Went trying to find You online (looks like You’ve been posting all over the place?), however WE can’t contact You via this discussion board, any more than any of the others You’ve posted at, unless YOU reach out to us?
I’m no scammer, and only aim to help Your Friends if it’s not already too late (which, by filing a notice of appeal, even up until midnight tonight may still be timely if the Summary Judgment was on the 30th, the day all Your other postings show?) Actually, Again, IF they Have significant Equity, a refinance, supplying the Clerk of Court with the Funds, EVEN THE DAY OF THE SALE, Prevents the sale. A MOTION for an extension of time to reschedule the sale would likely be acceptable and approved by the COURT, IF they have a LENDER who’s supplied an APPROVAL Letter and specific Date and Time their ReFinance can be CLOSED! I know folks who bail people out in circumstances such as theirs’, EXACTLY. It ain’t pretty, but it keeps them from losing their home and gives breathing room to consider options (like counter suit, funds for legal fees, etc.) Sitting on Your hands, Them Sitting on Theirs, only guarantees 1 outcome…a UHaul Truck in the driveway and soon (& ALL their equity going to their former seller)
CALL ME,
or better yet, have them call me.
-Michael
352.246.7483 up until 10pm.
Carmen Caparelli-Wintworth
February 14, 2017 at 5:38 PM
Hey Mick, I am at work at the moment. My email is wintworthllc at gmail (dot) com Feel free to shoot me a message. That goes for anyone who knows of an attorney or are an attorney that wants to take this on.
This is a case that would set precedents across the nation. No doubt about that.
I just wanted to wish ALL YALL a GREAT turkeyday <3,,, I lost my battle,but DIDNT loose myself,,,CHASE is the devil,& I hope ALL affected by this virus of a so-called bank finds STRENGTH,PEACE,<3 OF A BETTER DAY <3
Back Atcha Angel!
Actually me thinks it’s BoA, Chase, Citi, Duesche, (<–misspelling INTENDED, TYVM!), AND Wells Fargo who make up the big 5 "SATANS", that desperately need to be broken up, forever. They aren't a virus; they ARE a plague. 7 TRILLION Now in clouded titles in the USofA ALONE! God help all the owners when they go to sell and find out the NEED for all the "Special" Warranty Deeds they Bought in to (While Goldman Sachs funded all the TItle Insurance for the worthless deeds millions snatched up thinking they were getting gr8 deals…..thank GOD we now own a Never been SOILED by the UNCLEAN HANDS of MERS property. It shall stay that way until we and our children DIE, to boot. Black Clouds of a BAD Time are coming folks, hunker down, prepare for the worst and hope for the best….we're going to need a SERIES of miracles to make it through unscathed in the next 18 months as a Country. & Like Angel, I WISH EVERY READER A HAPPY THANKSGIVING, don't forget to give those thanks Yourself, to Your God, because it could always be worse. my 2cents (& no, You didn't have to overpay to get it!) -mick
You’re so right! Thank you for sharing such kindness especially after fighting so hard for what you know was criminal. It’s tough to pick ourselves back up and move forward, I know. My battle was for 7-years, trust in our judicial system spending every last dime of our savings. Extremely naive thinking our courts would no doubt find the lender guilty of illegal foreclosure and fraud, I was made a fool.
However, the wealth of knowledge I’ve gained through this battle shockingly has taught me a huge life lesson that many people go their lifetime never having to experience.
Many Blessings to you and your family! Happy Thanksgiving 🙂
Kelly,
IF You filed Your Lis Pendens at the same time You Filed a Lawsuit (Complaint)against Your former lender/servicer (or ‘pretender-lender’) rather than a motion for rehearing (or even With a Motion to the Previous Judgment) that has not yet been ruled on, for a Fraudclosure rather than Foreclosure, You’d better be prepared to fight it until You win. You haven’t ‘slandered’ title if the party that obtained it didn’t have lawful RIGHT TO IT.
IF the buyer at that foreclosure sale didn’t bother to check the court records, inside of those ‘courthouse steps’, prior their winning bid, it’s ‘caveat emptor’ (let the Buyer Beware) with ANY and EVERY FC Sale & Purchase. In addition, IF You can PROVE that You notified the ‘pretender lender’s Attorneys BEFORE that sale, You have zero things to worry about. THEY Clouded (read=Slandered) the title long in advance of You if for some reason they (can be proved after the fact to have) Foreclosed without standing or with other flaws in Their purported chain of title/ownership. I’m sure no lawyer, and this isn’t legal advice, but I can tell You we’re in nearly EXACTLY the same scenario, where we also filed an LP with a followup motion to vacate a void judgment, and we went 1 further….we served a copy of that motion, the 84 pages of attached addendum evidence, AND THE LIS PENDENS, On The Buyer. They, after committing 2 counts of Mortgage Fraud Before Service, Committed ANOTHER TWO Quickly “re-fi’ing” AFTER Service….and their Lender apparently didn’t do a Title Search? Oh Well, as Sophocles said nearly 2300 years ago: “Time Reveals Everything”. Good Luck on You and here’s Praying You & all family members old enough to do so are both registered and Voting for Trump today. A Criminal, for Thousands of Counts of violations for the Espionage Act, not to mention treating our military personnel like disposable diapers (both active duty AND Retired), and Knowing where she stands on the Whole Bill of Rights(starting w/Amendment 2) and the Next President getting a power play not seen since FDR(& he had 15+ YEARS as POTUS to get the ability) of APPOINTING 4(FOUR) SCOTUS JUDGES, possibly even 5(FIVE). It’s a staggering responsibility, and IF HRC’s granted that effort through election today, we, the fighters against fraud, are done. <-Period behind that for a reason. & If anyone out there thinks She'd do anything to Goldman-Sach's, & the rest of the plethora of Mega-Banks after Obama FUNDED their Buying out of all their competition (when both They And Their Former Competition Were Supposed to be Helping US in SOme FOrm or Fashion With that Financial Assistance) That WE the Taxpayers, provided…..well readers, not in Your grandchildren's lifetimes do we recover from a 9 Judge Liberal "Living Document" Left Wing SCOTUS deciding anything, much less Everything. Voting for HRC, is kissing the American Dream goodbye (Communists and Socialists don't approve of 'private property ownership' in case You didn't know?).
You only vote for him because you LIKE him,
and you only LIKE him, because you are…. LIKE HIM!
“The only thing necessary for the triumph of evil is for good men to do nothing.”
Even Hitler had massive supporters. Didn’t make him right !
Mick
November 8, 2016 at 7:49 PM
By That line of THinking, Hillary Felon in Waiting Rodham & Shaftem Clinton Supporters are ONLY VOting for HRC because they’re Fellow FELONS in Waiting? Your Quote works exceptionally well when reversed, because WHO we vote for Speaks VOLUMES for WHO WE ARE. Criminals (Either Sexual Predator Husbands who Raped, and Sexually Assaulted all those around him EXCEPT his Wife, OR the Enabling, obviously Chiild and Woman/Victim Hating Attorney Wife of our Former POTUS, who’s running for POTUS, who made a Career of Destroying the Reputations of those victims OF HER HUSBAND), then hid and deleted 10’s of thousands of emails each in violation of FOIA (AFTER receiving Subpoena for preservation of same….imagine if YOU or Me did that? Hmmm?) Are You an Elite Millionaire, who’s given a pass with EVERY Lie You tell, Including those to cover the former, former, former (add 30+ yrs worth) LIE? Do YOU believe the US Constitution and BIll of RIghts should be Shredded? Do You HATE ‘common people’? IF SO? Well, then You DEFINITELY Need to be voting for HRC. No question about it. If not, well, then You still have some time and some choices. You get to determine what kind of Country Your grandchildren inherit, today.
We fought the eviction but had some corrupt county judges in Fort Worth. Judge Don Pierson. Also got a judge who is leaving office and not running again so she could careless about justice. I totally get what your saying about all your complaints to other departments. I have a 15 yr paper trail of mortgage fraud. You name it I got it!!
Working with some extreme cases to do group complaint and/or collaborate, share info. This site is first stab. Very basic, will probably do basic complaint for my own case and/or a couple of other CA cases. Goal to make it public and ongoing. A TX homeowner has been in touch and tells similar story. If want to participate or contact can leave info here http://www.getyourhomeback.bravesites.com/homeowner-status
That is my thoughts. After we got the very first evic notice I called him and let him know there was a Lis Pendens filed the morning of the sale. He said I’m getting my check back! 21st Mortgage aka GMAC. Mortgage would not return his money. Not new buyer has possession of property and put it in the market and is u set contract. He found out that he could not get financing wanted me to sign off. LOL!!! He said if I didn’t he would sue me for Slander of Title. I told him talk to me lawyer and my lawyer said I don’t think so buddy. We lost the TRO but hopefully we will this since he purchased property as is.
Interesting,so far no one is touching MY property, though unlawfully evicted. Still purportedly NON bank owned after 1 yr+. barely will be getting to file lis lendens. May be all my complaints with every agency, local offiicial had some effect
Hello,
What do all of you know about filing Lis Pendens before your fire closure sale. I filed one after I filed my law suit that morning. Let attorney know and the sale went through. Attorney did not inform new buyer. Filed another suit and a new Lis Pendens now buyer wants to sue me for slander of title since I won’t remove or cancel. What are your thoughts ? I’m in Texas.
ATTENTION READERS!!!! This site has been created for foreclosure fraud, which we are all aware of is the worst crime to ever be perpetrated in American History!!! However, we know there is enough corruption to go around but tThe ONLY way to rid it….
.VOTE OUT ALL THE CONGRESS AND SENATE…….JUDGES…..ATTORNEYS GENERALS…..GOVERNORS! It may take 4 years but this corruption is allowing the banks to steal our homes through fraudulent means!!!! Stop the insanity!!! Vote Clinton for these next 4 years cause Trumps now bought by the Pence corrupt backers, those pesty Koch Brothers!!! Don’t let them into more power, this is the closest they’ve been and all you’re hearing are lies to decieve! Give her 4 years, please, I know this will work!
Firstly, I am almost done reading ‘Chain of Title’, and wanted to say Kudos to Lisa E. and Mike R. for their life’s work here. Next a shout out to all the others here who are helping one another via this forum.
Now a few thoughts:
If you look back, most people voted for Trump in the primaries NOT because he had a flawless personality (far from it), but because he brought up issues that were (deliberately) suppressed for decades by the political establishment in DC. I still believe Obama and Hillary are good people at heart and want what is best for our country, but given their circumstances (receiving campaign contributions) they will not be able to go against Wall St which still controls much of our econo-political system. Recall Obama’s meeting with the 13 bankers at the White House where he caved in and let them keep the status quo? This is documented in Ron Suskind’s book – Confidence Men. And then you take a look at this public link about HRC’s top donors https://www.opensecrets.org/politicians/contrib.php?cid=N00000019&cycle=Career
and you can see why she cannot ‘rock the boat’ even if she wanted to. It’s a shame because had Hillary not had this baggage, I would have happily voted to make her the first woman POTUS. And as significant as that is, I realized that reforming our political system takes precedence over everything else.
So, yes, I am a life long democrat who is voting for Trump this time. There is always the chance that he too will cave in like Obama, but given what we know about Trump’s independence and fearlessness that seems less probable.
I respect and admire everyone here who is sticking to their own reasons for voting for their favorite candidate, nothing wrong with that. And let that not stop us from working together to ensure that Wall St, K-Street, and Main Street all play their proper roles in our society.
Be well.
This site, the Livinglies site, and Chain of Title have helped me educationally and emotionally during my 9 year battle to same my home. I will continue to support all of them.
But…I’m checking out for a while now that you have all turned this message board into a rambling mess of opinions.
It doesn’t matter who gets elected. It only matters that we work together with the common goal that we have had for the past decade.
Thank you Michael Redman, Neil Garfield, and David Dayen, for all that you do! I’ll be back in a couple of weeks!
Yep, guess Obama was the Republican president in 2008 when the banks were given the bail out. I suggest you vote for the racist, homophobic, sexist, child molester, rapist, adulterer, voyeur, misogynistic, tax cheater, liar, xenophobic Donald yourself. Keep your suggestion to yourself. Shaking my head.over your comments as well as the other person who implied that Obama is dumb because he has not stopped the hacking. It appears that there is a lack of basic information technology knowledge on this board. I must unsubscribe from this website. Thanks to the creators of this website but I think some people have veered off course.
Mick! I believe it has been widely announced on all media formats that Benghazi was closed as it came to light during the investigation that the Republican Congress was responsible for further expenditures…. Mrs. Clinton was cleared, case closed! However, you mentioned it as if you believe she is responsible after a 3 year investigation? If so, it’s pretty difficult to have an intelligent conversation with someone like you who believes what he believes and screw facts!! wow!
The Donald has made it VERY plain that Hillary and Bill do the Banksters bidding for them, and he is committed to putting the bank fraudsters behind bars, unlike Bill and Oback Barama who let the banks and courts get away with (financial) murder of we citizens which is what put the entire WORLD in financial chaos, where it remains.
MORE than THAT, Trump will straighten out the crooked judges that gift the Banksters YOUR properties even though they don’t have a penny invested in the mortgage…remember banks make THREE to FOUR times the profit of these stolen loans whose original investors were wiped out to conceal the evidence.
Any reader of this site who votes for Hillary is absolutely insane, and you’ll get what you deserve….TAKEN.
I say TRUMP THE ESTABLISHMENT…The Donald is running against the Establishment, folks, – he deserves ALL the support we can give him, starting with EACH OF OUR VOTES
Unfortunately you opened up a conversation expecting most to accept your statement as you wrote, portraying as you have the last and final word.
Agree, to disagree. Although I do agree with one comment you made 🙂 most of us are in real need and desparate for advice and knowledge pertaining to foreclosure since our government has failed us all. We should be coming togather helping one another more so since our voice has no sound and have been forgotten by our government who hopes the more we are ignored we will go away.
Remember…..the DEVIL has many faces and is getting rewarded by putting a wedge between us when in fact we need to come togather and strongly fight to be heard and recognized of the losses we have experienced!
I agree. We went the whole election season without much political rhetoric until now. Someone opened the can of worms and now wants to close the lid. . LOL!
————————————————————————————–
IMO,
The “divide and control” tactic is in full effect by the oligarchy. They continue to pit black against white, both against Hispanics, while we all have one thing in common. All us are HAVE NOTS living from paycheck to paycheck. Fighting to keep our measly homes, while most of them own 3 or 4.
Lisa, unfortunately we are too ignorant to come together and they know it. They make the Blacks seem scary and violent, the Hispanics deadbeat illegals, and poor whites the victims of both. Ahhh, what a brilliant plan, keep us fighting among ourselves while they continue to screw us. This scheme has worked for generations and still works today. They get richer while we fight over their leftover crumbs. Begging them for their predatory mortgages, car and student loans. All while hoping, believing that one day we will be them. The American dream! Just sad.
If we had any brains we would have stopped complaining and started raising money years ago to hire a lobbying firm to represent our interest in Washington. 8 million foreclosures/ donors! But nah, we are too consumed with building walls to keep out those who were here long before us, and reading hacked emails given to us by our enemy.
We can blame all the banks, judges and politicians we want, but when it really comes down to it, there is one main party responsible for our situation. US ! and this election proves it.
We the people… get the leadership we deserve.
Ok, I’m done…have a foreclosure to fight. Enjoy.
Hammertime
November 2, 2016 at 1:48 AM
You nailed it Walter. We could still be the front lines. We are all united in getting screwed from “inner city” to the “heartland” to all four corners of our country.
No matter who’s elected we need to demand justice. Some of us are going down the road of forming an association that’s going to take a common sense approach and not have anyone speak for us.
It’s just a handful of us and we’re fighting our own cases with whatever we have but we’re gonna give it a shot without any going back and forth or blame game distractions.
VOTE ALL….ALL of the current Congress and Senate and Judges OUT!!!!
We know it’s a web of deceit with the government working with the banks so VOTE THEM OUT!!!!! It could take 4 years as elections are staggered but some of us have been fighting much longer than 4 years!!! Every State!!! It’s a direction of hope cause “they’re winning!”
Enough is enough on this site for airing political views. There are desperate people out there who are looking at this site as a means of HOPE. Please don’t discourage them with all this political raging and ragging. Show some respect. And for God’s sake let’s all try to remember that the one thing that is still precious is the Freedom of Speech but you don’t need to bash another citizen just because they don’t have the same opinion as yours. Just please, you’ve all made your opinions public ~ now just leave it at that. On Nov. 8th you get to share that opinion and that’s a right that a vast majority of the world does not share.
I don’t really care for either candidate, but I’m leaning Hillary. So if any of you can tell me, SPECIFICALLY in detail, what Donald Trump plans to do to address the big banks, that will help us facing foreclosure I will vote for him. Will he help me save my home?
I don’t want to hear anything about Hillary. I know her plan. I just want to know how Trump will address the Banks and help me. If he has a good plan I will consider voting for him. Have no clue what he thinks about the banks since his plans are all secret. Maybe he’s already told one of you guys at a rally.
And how is that going to help you fight your foreclosure? Every administration was and is corrupt to some extent. Its the way a REPUBLIC / so called democracy is. You crying bout emails given to you by Russians? When the Candidate’s former campaign manager is a KGB affiliate? Wow…You don’t care about this country…you care about politics.
Just in-case you forgot…
Prescott Bush was an Opium exporter that almost ruined china. Criminal !
Reagan admin. illegally imported drugs, sold them in the US inner cities (causing the crack epidemic) then used the proceeds to buy military weapons for our enemy IRAN. That was called the IRAN CONTRA scandal which got 3 top ranking Reagan administration officials convicted and imprisoned ( OLIVER NORTH) and almost got Reagan impeached. HUMMMM? Did you forget this when you call Hillary a criminal ?
Yep, then he and Bush Sr. conveniently pardoned them for those crimes. WOW! So, do think Obama shouldn’t do the same for Hillary? Even if they somehow found something incriminating, the DOJ would still have to bring charges, which they won’t.
FACT: Donald J Trump is on Trial for RAPING a 13yr old girl, to which there is an EYEWITNESS! Yet, you are more concerned with Russian emails about Donna Brazil ? HUH?
Moreover, are emails about someone giving answers to debate questions and gossiping about who’s stupid and who’s smart, equivalent to the President selling arms to our enemies, or a candidate Raping a 13yr old?
Oh, and lets not forget Bill Clinton, or Nixion (Criminals) for which they were PUNISHED. Unless you have HILLARY on video with a hammer smashing verified court ordered documents you only have allegations. And what is it’s all dis-proven in the end? Then what? Convict first, trial later, that the American way!
Not that any of this matters anyway. Demographics, Demographics, Demographics !
My friend, this whole government is one big sham, and dumb-bo Trump wouldn’t know where to began to fix it. It will take a VIOLENT revolution to change this country (for good or maybe bad). Last one was the civil rights movement that almost ripped the country apart.
This time, China or Russia wouldn’t sit by and let it happen without their influence. Just like we try to influence Russian politics, they are trying to influence ours. Unfortunately we have a president to dumb to know how to stop it, and citizens to dump to recognize it.
There are CENTURIES of fixed legislation in place to keep those in power, in power. The oligarchy that runs this country has and always will be in control. They have the money, which now (thanks to the SC) controls our politics! We are the peasants my friend. When you understand the basics of capitalism you will see why is believe this.
Our politics are predicated on our ” capitalistic=Greedy” economic system. Economy first….politics second. Money makes this country great. Not politics, now that money also controls the politics so we are really screwed. This is why no one cares bout your foreclosed home. As long as it’s not hurting their money that pays your politician to keep letting them make more money, they could care less. Hurt their money and you get their attention. https://en.wikipedia.org/wiki/Bilderberg_Group
I’m not saying Hillary is perfect. She’s a crook too! I just chose not to support a 7 time bankrupt, con-man, rapist and sexual predator, who’s posing as a brilliant businessman ! You make your own choice. But you can’t piss on my leg and tell me it’s raining! I may have been born at night….but it wasn’t last night.
No SUCKER here! Again…Neither gives a rats=azz bout us.
You can’t connect the dots by skipping over 8 years of not only a catastrophic war but privatizing our military and everything else to Wall St. And Trump has no problems starting a war or siding with Russia. How many widows will we have then? It’s rigged because we have no good choice but the truth is coming out and w Sanders and Warren we have a chance to make things right not depending on Clinton or Trump.
Trevor,
I wish I had a nickel for every time I’d heard statements such as Yours above over the course of the last 10 years? While lame duck administrations don’t have much to lose,they DO have further employment opportunities and those are invariably either as lobbyists or ‘consultants”. Further invariably those Lobbyists and Consultants WORK FOR THE MEGABANKS. The game is Rigged when from the top down (including the AG herself) our system has become SO CORRUPT that the Chief Law Enforcement Officer of the United States Casts Appearances of Impropriety Over HER OFFICE (Loretta Lynch) by meeting for 39 minutes, secretively with the spouse (Bill Clinton) of a Party (Hillary Clinton) under US DOJ Investigation. Our system of “Justice” provides us with Judges (by Design) Who have pensions heavily vested in Bank Stocks, who are former attorneys, who worked for firms, that represented BANKS, or were attorneys, employed directly FOR the BANKS, and yet we are prohibited from finding out that information, and are Told, They Are Unbiased. We have the Best MegaBank JUSTICE, MegaBank Money Can Buy. Trevor, I can only speak for Florida, Yet Here, Res Judicata has been “Suspended” with Bartram flopping about on the dock like a mullet out of water for well over a YEAR now pending their decision. Bartram argues that words, in statutes actually MEAN WHAT THEY SAY (ergo, res judicata). Our SCOTUS can’t make up their minds if a Letter of Acceleration actually means what it says, and whether a statute of limitations (specifically FOR Mortgages) also means what it says.Their (Lack of an) Opinion has been upheld by the US 11th DCA so it’s FEDERAL Law for the time being as well. I hope You’re right; I believe based on the actions of our COURTS that You aren’t.
Thanks Mick but you are wasting your time in responses here. Far too many have eluded themselves and drank far too much of the koolaid doled out by the present and past administrations. Basically, you’re talking to a brick wall. When you look at the total corruption of our justice system who favors the bankstas and then tie the bankstas directly to those in the political arena there are those who just cannot connect the dots. You and I have the same thought process but unlikely that we share that amongst the greater population.
After loosing 2 homes to forged and fraudulent foreclosures in both California and Florida, after 7 long years of fighting, I came to understand that there are only 6 Banks in America and all others are connected to those 6 ! They are all part of the 6! Those 6 banks own your State senators and congress and attorneys generals and judges! It is the largest crime in American history and it will only change by voting every sitting officials out of office as well as the Judges!!! It’s as corrupt as could ever be! No jury for a foreclosure trial???? No court reporters during a foreclosure trial unless you bring one on your own…. and good luck finding one as the Banks millions of law firms have them stopped!! It’s unbelievable that I still read that millions of homeowners are still fighting the same way and that nothing has changed??? My heart bleeds for you all cause the rigged system is rapid and your only help is to believe me when I beg you to vote all of them out! It will take 4 years but that’s where we can help the millions that are behind us that haven’t a clue!
First let me say that neither of these Candidates will do anything to assist us! Neither give a rats azz bout our situations, but since you guys want to go there… here we go!
It’s astonishing how many women want to be ” Grabbed by their puzzy” and even more astonishing is how many mothers and fathers approve of their daughters, mothers, nieces, sisters and aunts being grabbed by their puzzy. When you approve of this RAPE CULTURE that Trump represents you will get more RAPES. So go buy your daughter a gun and tell her to be prepared. Cause Trump says it’s COOL.
Birds of a feather? His advisory team…. Newt, on his 3rd marriage, cheated on first two wives, and left his cancer stricken 2nd wife while she was in the hospital getting cancer treatments. Rudy, cheated on his first two wives and now cheating on his 3rd. Rodger Ailes, fired by Fox and pays 10 million to setting sexual harassment chargers. Oh, and Ole Don Juan Donald himself. Cheated, abused and raped first wife, then cheated on second wife, with now third wife, and admitted to sexually assaulting numerous women who have come forward accusing him of doing what he bragged about. Oh, but now they all are liars and he’s going to sue them. HOW STUPID CAN YOU BE!
Yes, Hillary is just an opportunistic politician who will do and say whatever to win an election. But she’s not a CRIMINAL and has never intentionally hurt people like Trump. Trump is a PROVEN vindictive, dangerous, bully that picks on the weak!
He is a racist, he can’t help it, it’s just the era he grew up in. He learned if from this father. I think his discrete racism is what “sub-consciously” appeals to white men. We are afraid of anything different from us. Afraid of losing our privileged to automatically earn more than a woman, or get a job before more qualified minorities. Why we mostly hire people that look like us. That’s who we grew up with and feel most comfortable around. Nothing intentional, just an inherent bias we we have and Trump represents.
Trump is a 70 yrs old, rich white guy, who’s father was a racist arrested at a KKK rally in NY. He taught his son everything he knew including racism and housing discrimination. Is he tolerant of others? Yea, maybe? But does he see them as equal humans! HELL NO! And that’s a problem for a president. Just to prove how “sub-consciously” racist we are….answer this. If Obama had did any of the things that Trump has done, would you support him as you do Trump. Answer honestly ! NO YOU WOULD NOT! WHY? Think hard ! SEE WHAT I MEAN?
IMO….Trump is a
Rapist
Racist
Sexist
THREE STRIKES!
Moreover he’s a dumb idiot that will get us all killed or have us speaking Russian because he thinks he already knows everything. If Hillary was running against anyone but Trump, I would vote for them. Just can’t support a Rapist, especially when they have no coherent policy solutions to offset their obvious character flaws.
Yet, I’m an American, and unlike Trump and his supporters, I WILL accept any decision my fellow Americans make. Even if its to destroy this Great nation and elect a greedy, serial sexual predator, and narcissist !
Tony,
650,000 emails.
650,000 Felony Violations of the Espionage Act.
Hillary Clinton is Guilty.
She’s going to be the 1st President in History who’s allowed to PARDON Herself!
We’re heading to Banana Republic territory.
Our Legal System has been Corrupted by Clintons since the 1990’s.
Allegations of guilt are simple.
Subpoena for preservation of records is received.
Deleting 33,000 emails begins THE FOLLOWING DAY.
Private Server, Illegal and DANGEROUS to protection of National Secrets
Lying to Congress, Each is a FELONY.
LYING TO THE FBI…Remember Martha Stewart?
& that was over a measly stock transfer.
God Help Us with an OPEN SOUTHERN BORDER and BRIDGE over the Rio Grande, Unconvicted Felon(s) in the White House, who’s primary agenda is to stack the Nations’ highest court and dismantle the Bill or Rights, STARTING w/the 2nd amendment, however if they get the 2nd, they’ll take all 10.Never thought I’d see this in my lifetime. I was wrong. Trump does stink; But he’s head & shoulders above a Corrupt Career Criminal who’s already guilty of at least 33,000 Felonies, more than likely 600,000+. That boggles the mind, and yet there they are, on Anthony (the Sexter to minors in front of his own baby) Weiner’s computer. He’s creepier than creepy, yet Huma & Hillary had no problem w/Even HIS Conduct until Caught Red Handed? You’d advocate for our own Female Caligula? Your argument terrifies every sane Constitution Clenching American Patriot.
What gets lost amidst all the outrageous things Donald Trump says is his record of criminal activity and alleged criminal activity. It is as if the media and public assume that Trump cannot be both an outrageous buffoon and a criminal. Here is a summary of the most notable allegations against Donald Trump, conveniently all in one place.
-Trump and his father were sued by the federal government for housing discrimination in the 1970’s for refusing to rent to blacks after an uncover investigation. They lost, signed a consent decree, and were forced to desegregate their properties, which they later violated.
-He is being charged with fraud in connection with Trump University. Eric Schneiderman, the Attorney General of New York, who is prosecuting Trump, told CNN, “If you look at the facts of this case, this shows someone who was absolutely shameless in his willingness to lie to people, to say whatever it took to induce them into his phony seminars. Telling people who are in hard economic times — we’re talking about 2008, 2009 — people desperate to hold onto their homes, to make some money, convincing them that he will teach them his entrepreneurial secrets.”
– Trump Tower was built using undocumented Polish laborers to demolish the building that previously stood on the site. At trial, the workers testified they worked without basic safety equipment like hardhats and gloves and they were supposed to earn $5 an hour from Trump’s low-bid contractor. But court documents show that for weeks, they were paid nothing. An NBC News story in which numerous witnesses were interviewed showed that Trump knew about the undocumented, unpaid workers. Yet under oath, Trump testified that he knew nothing, thus adding perjury allegations to the labor law violations.
-Trump is alleged to have violated immigration laws in hiring foreign models for Trump Model Management. These models worked illegally, and he failed to pay them fairly. Two of the former Trump models said Trump’s agency encouraged them to deceive customs officials about why they were visiting the United States and told them to lie on customs forms about where they intended to live. “It’s like modern-day slavery,” one model told Mother Jones. Senator Barbara Boxer has called for the Department of Homeland Security to investigate Trump for human trafficking in relation to Trump Model Management.
– Trump’s charitable foundation appears to have repeatedly broken IRS rules, according to the Washington Post. In five cases, the Trump Foundation told the IRS that it had given a gift to a charity whose leaders told The Post that they had never received it. In two other cases, companies listed as donors to the Trump Foundation told The Post that those listings were incorrect.
-His charitable foundation violated tax laws by giving a $25,000 political contribution to a campaign group connected to Florida’s attorney general, Pam Bondi, in 2013. As a registered nonprofit, the Trump Foundation was not allowed to make political donations. He paid a $2,500 fine.
-Trump is accused of bribing the Attorney General of Florida, Pam Bondi to drop her investigation of Trump University. She successfully solicited a donation from him before the fraud case, and afterward, he held a fundraiser for her at his Mar-a-Lago resort in Palm Beach.
-In 2007 and in 2012, Trump and his wife bought two gifts for themselves at charity events for his foundation, totaling $32,000, breaking IRS rules. One gift was a $20,000 painting of himself.
-A deposition describes him raping his first wife Ivana, pulling out fistfuls of her hair in a fit of rage, stripping off her clothes, then penetrating her forcefully without her consent, after which she hid in a locked room and cried all night, as revealed in the 1993 book Lost Tycoon: The Many Lives of Donald J. Trump, and described in a Daily Beast article. The divorce was granted on grounds of Donald’s “cruel and inhuman treatment” of Ivana.
-He is currently being charged with child rape in a case for which there is an eyewitness and credible information to support the claim. The woman filing suit in April 2016 claims that as a 13-year-old in 1994, she was enticed to attend parties with the promise of money and modeling jobs at the home of Jeffrey Epstein, a Level 3 registered sex offender (the most dangerous kind), after Epstein was convicted of misconduct with another underage girl.
The woman alleges Trump initiated sexual contact with her on four separate occasions, with the fourth being a “savage sexual attack” in which he tied her to a bed and forcibly raped her while she pleaded with him to stop. He threatened that she and her family would be “physically harmed if not killed” if she ever revealed what was done. The eyewitness, Epstein’s party planner wrote, “I am coming forward to swear to the truthfulness of the physical and sexual abuse that I personally witnessed of minor females at the hands of Mr. Trump and Mr. Epstein . . . I swear to these facts under the penalty for perjury even though I fully understand that the life of myself and my family is now in grave danger.” Trump told a reporter a few years ago: “I’ve known Jeff for 15 years. Terrific guy. He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side . . .”
In sum, this history and these allegations alone would disqualify someone from a job as a camp counselor, bank teller, or any position of trust. Imagine what Human Resources would say to this record. Perhaps Trump could get a job pumping gas. But President of the United States? I don’t think so. Many have served prison time for doing a lot less.
it’s ironic that all of these allegations start off with ‘allegedly’? Wouldn’t that mean….NOT A SYLLABLE of it’s been proven yet? Unlike Hillary’s dead bodies of evidence that seem to be pooping up everywhere like a flooded graveyard. I, myself have for many years….actually my whole adult life, paid as LITTLE Federal Income (or any other) TAXES as I could legally get away with. I have not filed Corporate BK, but if it fit the situation, and was recommended by financial advisors and attorneys, certainly would have to protect my personal and family wealth and name. Women? Men? Those drawn to wealth and power are like moths to a flame….like groupies to rock stars; when rejected (often, not always) re-frame history in their own minds and after reciting same enough, actually believe the lie (on Both Sides of that interpersonal relationship). Nobody’s perfect, yet corrupt to the cells in one’s marrow, a radical socialist who wants to (continue to) transform America from a Representative Republic, with Democratic Principles, Governed by the Rule of Law scares the sane of us out here, to death. We supported Bernie, We may have even supported Cruz, Jindel or Other Conservatives who planned on breaking the system in their own ways (Cruz advocated dissolution of the IRS, DOE EPA and ripping apart of the regulatory state, Bernie would have broken up our nemesis, the MegaBanks), however Hillary’s in their Pockets, and seeks only to enrich herself, family and supporters while the rest of us are relieved of whatever wealth we have left, and utterly destroyed under the boot of tyrannical gov.org, run by our first criminally corrupt POTUS who even Al Capone could have taken lessons from. From Donna Brazille to Debbie Wassermann Schultz, to now even Bernie….the game has been rigged from the outset, for at least 1 party. God Help us All, and Trump’s no savior; I’m the 1st to say it. YET he has a glow behind his head like an ANGEL compared to HRC.
You seem to have forgotten that Donald J. Trump is headed to “criminal court” for his “criminal fraud case” on his Trump University scam which is far, FAR, worse than anything Mrs. Clinton has been falsely accused of!!!!
Plus, let’s not forget how he boasts he’ll make America Great Again yet fails to bring his thousands of outsourced jobs back to America, continues to buy all his hotel sheets, pillows and furnishings from China as well as Chinese steel for his buildings rather American!!!!!
Only blind American would vote for a real criminal as opposed to Mrs. Clinton who has been under attack for 30 years but all proved to be false allegations!!!!! Don’t be fooled, Vote Blue across the board, that’s where the corruption is located!!!!!
I haven’t forgotten. Really you think what Donald has done is far more worse than that of the security of this country with her personal server and classified information? My opinion is what it is and I have the right to have one. You have yours. Whatever is the outcome on Nov. 8th we all have to live with the results.
Hammertime
October 31, 2016 at 4:30 PM
Pure deception like the banks have done to make us out to be deadbeats. How can people be focused on emails where nothing in terms of a national security threat or crime has been tied to Hillary while the Russians are hacking US to help Trump? How is working with an enemy government not a security threat? It’s treason!
How many American Warriors did Trump ALLOW TO DIE in Benghazi?
How many American Warriors FAMILY MEMBERS did Trump LIE to about a VIDEO Causing that Assault on the Benghazi CIA Compound?
How many Pakistani’s did Trump LIE TO in Commercials that Aired All Over Pakistan for Weeks After that Benghazi Slaughter of our American Warriors?
Did Trump have Susan Rice go on FIVE (Count ’em FIVE) Sunday Morning News Shows and Recite that it was a “VIDEO” that caused the Death of our Wariors (while they SAVED 39 others through their efforts, while at least in the backs of their minds, knowing there might be a chance they didn’t survive the rescue mission their Secretary of State had ordered them to stand down from executing)?
Is only BLIND America seeing what REALLY HAPPENED there?
Is only BLIND America smart enough to see that it was HER Policies that now have millions of refugees wandering the middle east, europe and even here, along with the entire region a total ‘cluster’?
If so, color me blind, as re-writing history is left to the victors, and Hillary Clinton is a murderer sure as I type this.
Semper Fi,
-Mick
I’m going to try not to be too political on this thread, but for Hammertime, I’d rather have a shrewd businessman on my team than a down right criminal! And remember, this businessman is NOT the one under a FBI investigation, which BTW if you’ve not heard, is now re-opened. Criminal VS Businessman……? Not much of a choice there. And on the flip side, with all of her power she’s had why have we not moved any closer to an accountability for these banks, CEO’s, crooked Judges that has destroyed the whole theory of The American Dream? I can tell you why. They are all in the pocket of Hillary, tied to her foundation and she’s not going to rock her boat not for you, not for me, not for any American citizen.
Unfortunately, I only see 2 recent comments regarding politics and seemed light hearted from a reader’s perspective. Although your comment is somewhat aggressive, degrading and disappointing that you could make a judgment call from hearsay from what’s reported on a News station. Especially to folks such as ourselves that have experienced such criminal actions by fictitious entities claiming to own many of our homes. Such as Trump who publically admitted to taking advantage of our unfortunate situations buying up Real Estate. Last I heard Clinton is NOT a proven criminal yet and the FBI agent that requested the investigation to be re-opened is a known republican who supports Trump. The way I see it Trump is for Trump and been able to dishonestly utilize every tax loophole possible including filing bankruptcy several times, having a significant impact on those of us that are barely able to support a family and he again refers to this as smart business. Trump has NO integrity and the only boat he is going to rock is that little button to set off a nuclear war. I do agree we don’t have much of a choice however, I still have some life to live.
Please don’t take this wrong cause we live in America that’s the great thing. It’s okay, really, to have a conversation and agree to disagree. But commenting as if you have the last word in whos right and whos wrong, especially from someone such as yourself with a large presence on this board was somewhat disturbing. Ms. Swann you made the soapbox, we can’t all be like Trump and be set off by small triggers. Now I’m exiting the soapbox. and again please no I mean this in all good intent, just different perspective.
Mick
November 1, 2016 at 9:17 AM
HRC will dismantle what’s left of our Bill of Rights, Constitution and Bill of Rights. She’s advocated for same since college. Why would she have a change of heart at 70? 650 THOUSAND Emails? Child Sexual Predators “Sexting” 15yo’s in front of their OWN child? A woman who made a CAREER out of destroying (further) the VICTIMS of Her Husbands’ Sexual Advances and Rapes? A Secretary of State who SOLD Favor and US Foreign Policy to the Highest (Foreign) Bidder? The Democratic Party Needs to LOOK in the MIRROR for Blame, as TWO of it’s Heads (both Debbie Wasserman-Schultz AND Donna Brazille) have been CAUGHT LYING and FIXING the party nominating process so that for the First Time in HISTORY, an UnIndicted CRIMINAL, under FBI CRIMINAL INVESTIGATION (THREE, not just 1….1 for Server and Emails, 1 for “Quid Pro Quo/Pay to Play, BUYING the favor of the SECRETARY OF STATE and US Department of State Favors for Foreign Policy, and Finally, Misappropriation of Funds via a “Charitable Foundation for Personal enrichment”….ALL AT THE SAME TIME?!?!?) Jeez; I step down from the soap box only pointing out that the Clintons have lived beyond the Rules since the Whitewater Land development Scandal in Arkansas, making $!115,000. on a $1000. investment in the cattle futures market (dozens of experts said that was ‘impossible’ for an ‘amateur’? ) to Vince Foster’s Death (former Clinton Attorney & WH Attorney who somehow levitated himself all the way across Fort Marcie Park getting not the first trace of DNA from the Park on his Shoes before Sticking a pistol in his mouth? YES, the LIST IS Long and could melt the servers for this website (just imagine, 650 THOUSAND emails that weren’t proffered when subpoenaed?) The stack of bodies and evidence around HRC has been piling up like cordwood all the way back to her self appointed position of bimbo-eruption suppression co-ordinator where she headed up the destruction of ANY person willing to even utter what had happened when her husband had assaulted another victim, going all the way back to being AG of Arkansas? Unproven Allegations? No, the coverup is always worse than the crime and we’re dealing with a serial socio-pathic egomaniacal, paranoid power freak. Everyone IGNORES the fact that a ‘private Server” was illegal and exceptional steps were followed to pursue ‘plausible deniability’. That plausible Deniability is founded on one hand, that mens rea (intent) was absent, and that HRC was IGNORANT of the technical aspects of violating the Espionage Act, classification and handling/preservation/protection of classified documents and ALL Government EMAILS. So HOW can the “Smartest, Most Qualified Person for the Office”….simultaneously be so STUPID/Ignorant of the LAW (as a LAWYER to boot?)? It’s simple….the plausible deniability goes out the window, the corruption is in FRONT OF YOUR FACE, and Debbie Wasserman-Schultz after having to step down from the DNC joins the HRC CAMPAIGN! Guessing that’s where Donna Brazille is headed next too? KEEPING a Den of CORRUPTION in the white house only guarantees more (and More and MORE) of the same. NO ONE has ANY FAITH in our JUSTICE System, right here, on THIS BOARD. DO You expect THAT to Improve by voting in MORE OF THE SAME?
If so, why?
I’m really trying to get my head around Your thought processes?
I would start by researching every name on your assignments from the time you bought your house. Make sure they have the original note and that they own it
Yeah the first one we fought for 8 years and now they picked a different default date different than the first suit. I have a sign in sheet that shows how many times they broke into my house The last time they left unsecured and my house was vandalized
Wow a second foreclosure action on the same property? I am currently at the writ of possession phase however I had a robbery from the third party when my neighbors asked who they were they said we are from the bank.
Anyone knows any case law that responds to non disclosure of a forged document to obtain a signed note. We were negotiating what it would take to get a new note signed in the negotiation they did not disclosed the forged notice of cancellation.
What is the best and most cost efficient way to subpoena two robosigners for deposition, from another state? They work for same company, and should be in same office.
There is some serious fraud with how SLS (Specialized Loan Servicing) is handling my moms mortgage. Does anyone know of a lawyer in Southern California/LA County that has knowledge about the multiple law suits with this company SLS. If so please contact me at ocbeautygirl@gmail.com
Angel,
We feel ya, been there, done that, going on 9 years now.
WF is Citi Is Deusche, Is JPMChase is BoA is….
they’re all scum and we’ll never do a dimes’ worth of biz w/ANY of them ever again.
We bank w/a credit union now, have a private mortgage (on a never MERS involved property),
and in our case WF sold away their standing (ADMITTING FRAUD in the Answer Brief to Appeal), almost 60 days b4 FSJ here in FL. The Court didn’t CARE. Who cares about ‘standing’? That’s a silly notion of the past that purported to give non-theives, an appropriate venue in the courts for recuperation of losses. Now our courts are a farcical semblance of their former selves, mere TOOLS of the greedy thieves who at no point will be satisfied until the LAST DROP of blood has been sicked from the former financial giant called the USofA, including both You and Me.
Good Luck with Your Appeal (and Plan on losing THERE too, because only will You enjoy the victory, IF You were Expecting the likely Kangaroo Court You’ll most likely wind up with).
Sincerely,
-Mick
I lost:(… they stepped up with a forged COPY of note only,,,,my evidence meant NOTHING,I have 30days & my home will be sold…..TRUTH,HONESTY,PROOF got me no-were…DEVESTATED:(
I’m filing an appeal…..this is BULLSHIT..NOT MY LENDER,NEVER HAS BEEN,JP MORGAN CHASE ARE CROOKS…,,WERE ARE THE GOV,OFFICIALS TO STOP THIS CRAP….I HATE,HATE,HATE CHASE……!!!!!!!!!!!!
As Defendants begin to win more of these fraudulent foreclosure cases, will Personal Injury Lawyers begin to sue for pain and suffering for Defendants? Contingency Fee represention would be affordable for us to pursue the banks for pain and suffering and for destroying our families.
I would like to hear more about defendants winning foreclosure cases, and the possibility of personal injury lawyers to begin to sue banks for pain and suffering?, on Contingency fee representation basis, and aggressively pursue the banks for fraudulent foreclosures
Peace I leave with you; my peace I give you. I do not give to you as the world gives. Do not let your hearts be troubled and do not be afraid. John 14:27, NIV
Dear Father in heaven, we thank you for holding open the way into our hearts and for bringing us the peace of Jesus Christ. Help us to keep this way open. Grant us peace in this tempest-torn world. Grant us peace when many struggles and uncertainties try to occupy our hearts. We have no strength in ourselves, only in him who is standing at our side and who will never forsake us, who lives and gives strength. His light will always break in anew among us. His light will shine on many people and lead them to the promised day, the day that will bring all our hopes to fulfillment. Amen.
“If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their Fathers conquered.” – Thomas Jefferson
“For the word of the LORD is right; and all his works are done in truth.” – Psalm 33:4
You are exactly right. I think we all should make a copy of a 100 dollar bill and say well I made this copy of it but now I’ve lost it but here’s a copy for me to spend. That’s exactly what they are doing. The layer for Chase kept reporting to the court that they could produce it at anytime but never did. Now at my deposition their attorney tried to introduce a copy of it and my attorney objected. Fun thing at the end he asked was I prepared to pay this in full today. So asked him how much was it He fumbled through his paperwork and said I don’t know. My response was then I can’t answer that question. He looke puzzled. I’m thinking to myself well if it’s a dollar yes Lol !
Wow this is so informative, I just received a 60 day extension to stay in my house with no further continuanc ES. I’ll leave but I am learning more and more here in PA
If the “bank” can use copies of your promissory note and mortgage/deed of trust to steal your home, then the homeowner should be allowed to copy $100 FRNs and pay off the loan. We all know who would be arrested. In most foreclosure cases, the bank never submits the original loan instruments into court, because they do not possess them. There is a good chance that the bank has already been paid either by an insurance claim or the selling of the mortgage into the secondary market. If this is true, then it is the lawyer that has purchased your private information (illegal) and is trying to steal your home. About 5 years ago, we tried to get a Bill through the state legislature that would require the banks to produce the original instruments before proceeding with foreclosure. As you can imagine, the banks sent their lobbyists out in droves. At one of the hearings, I heard a lawyer/lobbyist tell the judiciary committee that the reason that the banks were against the Bill was because it would be too expensive for them to produce the original instruments, because most of the original instruments were held in a vault in New York. (I understood this to mean The Federal Reserve) Since a mortgage/deed of trust is a security, making a copy of a security (counterfeit security) and trying to exchange it for property of value is a Class B Felony. See Title 18 USC 474 I went to the court a few months ago and got certified copies of my promissory note and mortgage from the court file. (It is illegal to give a certified copy of a security) What I got proves beyond any doubt that the court used a counterfeit security to grant a foreclosure judgment. So who is guilty of counterfeiting? The credit union’s lawyer? The court clerk? The judge? Or all of the above? We have contacted several Secret Service offices around the country, so far all of the Agents spoken to agree that this is a major counterfeiting scam. So have some fun and call as many Secret Service offices as you can. See also Title 18 USC 472,473,474,474A,475,492,493,494 Another thing to consider is credit default swaps. Have you seen the movie “The Big Short”? My loan(s) coincide exactly with the movie. The person that started the action against me, has a classmate that is a VP of Goldman Sachs in San Francisco, right where the movie takes place. At 30 to 1 odds, he could have made $7 million. Do you think that is enough incentive to steal both my business and my home?
A foreclosure fraud group here in Santa Barbara created a way to make a tender offer to the bank. In my case, I thus forced them to produce for examination what the bank claimed was the original promissory note and DoT. The bank’s lawyers had no idea who I was bringing to examine the docs for authenticity. The docs were pretty good forgeries, but my expert took three hours for the exam with hi-tech equipment, and their docs were found to be obvious forgeries. The bank and their lawyers knew it and never asked for the tender. Interestingly the only law enforcement agency that would take on an investigation was the Secret Service.
Our politicians should have to read these blogs everyday as part of representing their constituents. I know how you feeling Angel. On any given day, i feel that way myself but please don’t give up. That’s what they’re counting on I never want to give the bansters anything else, ever again. We’ve already given to them, now it’s our turn.
I won’t ever give in to this 🙂 I get knocked down but always get back up,,,I would never harm myself but I sure do know the ”lost’, feeling ,frustration is an understatement,,,I have 100% disproved all chases claims,now they’ve created a new default date,,NOT the bogus default date that started this &landed me in foreclosure…would say how is this legal? But its the banks,NOTHING THEY’VE DONE IS LEGAL,so I fight on:-)
Then Jesus said to them again, “Most assuredly, I say to you, I am the door of the sheep. All who ever came before Me are thieves and robbers, but the sheep did not hear them. I am the door. If anyone enters by Me, he will be saved, and will go in and out and find pasture. The thief does not come except to steal, and to kill, and to destroy. I have come that they may have life, and that they may have it more abundantly.”
John 10:7-10
I’m trying so hard to remain positive,I’m fighting the worst EVIL entity..scum bag lying law firms,& no matter the proof of all the deceptive actions,forgery,altered EVERYTHING…I’m coming out as loosing….I see why people blow their brains out….I wish all y’all peace..:(
Thank you Ben! I am sure I will get attorney fees. I was excited years ago with BofA vs Nash, where she got done, but it appears that it was overturned on appeal.
I was hoping that when the case is dismissed with prejudice, I could get attorney fees and then go for damages for the pain and suffering of 8 years of hell for my family with the fraudulent foreclosure. Numerous of big banks and foreclosure mills involved in this crime.
Imo as long as their seal is on the doc. I would think it would be fine but i would also think any doc that is notarized by same should be consistent in the way they sign
Well good luck getting heard under 1.54 fl statute. I went back to broward county courts after all the fraudulent docs and errors albertelli made on my foreclosure. Watch out. I filed wellwithin my year to file and albertelli stalled me saying they did not have my file on court day and got it continued until after the 1.54 no longer applied. Scumbags. I figure all their incompetence is still in court file and i am praying for the day i can go back and sue the hell out of that crooked law firm.
Dave,
Do You have a rule, or case law in support of fraudulent documents inveigling[sp?] the Court negating the SOL? Wouldn’t that also fall under Fl.R.Civ.P 1.540(b)1 thru 4?
hi kent many of us are fighting that long. we are going on 8 years. very sad to watch your house being stolen. i have some usefull info i just found please email me at sssssssister@yahoo.com. not sure why i didn’t think of it at first. about the SOL. a lawyer told me that the SOL starts when you make your last payment and they have 5 years from then to start a lawsuit the rest i am not sure who is right……….if they start a law suit and it is dismissed the sol goes back to the original date but if they start another lawsuit it starts the sol all over again????? that crazy.
I tried to email you and the address doesn’t work so here’s mine kenelad@aol.com. The argument in front of the Supreme Court is that every missed payment restarts the clock but it can’t. Once the loan is accelerated with no dea celebration clause in the mortgage the sol remains in place. Well that’s at least the argument
I had a foreclosure back in 2011. Does anyone know how to request a review to confirm it was processed legally? I would like to know if there is a way to remove the foreclosure from my credit.
I live in Pennsylvania and I have had several lawyers but no one actually helped also had a housing counselor in the beginning now have to leave in less than 21 days. I tried to stop from being put out but now nowhere to turn. Does anyone know any solutions or advice thanks.
its not that its void. i am not a lawyer and not giving advice but foreclosure defense lawyers and pro se use that fact as an affirmative defense to dismiss the case. most cases are dismissed wtihout prejidice which means they can refile (in florida they can refile for 35 years how nice) so it is not necessarily void but the assignment has to be filed prior to filing suit. please defend. if we do not defend and walk away they lose. if we fight the foreclosure machine we can win. great book http://www.fightingtheforeclosuremachine.com/ftfm-estore.php
Oh, I am defending! For the past 8 years… All the BIG BANKS are involved. A couple of Fraud closer Mills and infamous thieving Law Firms. It will be a joy to name names in the end, as they have ruined our lives ON PURPOSE!
Thank you to everyone at 4ClosureFraud, LivingLies, and Chain of Title, I have a PhD in foreclosure fraud!
Krys
July 25, 2016 at 1:10 PM
I live in Pennsylvania and had two lawyers no one actually helped now have days to leave. Do you have any advice? Thanks
Kent
July 29, 2016 at 5:14 PM
I also read the book My case was dismissed last year and we haven’t heard anything since. I guess everyone is waiting on the Supreme Court ruling on the 5 year statue of limitations I was just on an attorney blog with live chat and asked about damages and the response was they would need a 50,000.00 retainer. I just about fell over. So if uses when the time comes I will fight them myself since now my wife and I both are on disability. I forgot to mention a year ago in February she tried to commit suicide
1-The Assignment isn’t ‘void’, merely void’able’.
2-When You say the assignment is DATED 11 mos. later, is that the DATE of the Transfer, noted IN the Assignment, or the date recorded, ON the assignment (as noted by clerk of court)?
3-As a dual FC Survivor (1 lasted 8 yrs, current entering 7th), I salute Your fortitude, and will tell You, HOW they look at Your AOM depends ENTIRELY on WHERE You are. in D.O.T. states, they tend to blow it off as the DEED trumps everything else. In Florida and most other mortgage/lien theory states, You MUST:
A-Challenge the Assignment during discovery/hearing/trial(& Have plenty of case law)
B-File Motion to Dismiss for lack of standing (whether the document transfers the mortgage to the Plaintiff on a date BEFORE or AFTER the initial Filing, based on the RECORDING Date) & just know…about 80% of the trial judges in Florida will STILL Rule against You, even when Your evidence of a ‘faulty’ assignment is overwhelming.
Remember, the system is RIGGED. You ARE going to lose, so the best to hope for is preservation of objections, issues and evidence for APPEAL.
See (at least in Florida), even in the Courts of Appeal, the odds are dramatically stacked against the pro se defendant/appellant. The RULES alone are entire semesters in law school for the JD’s. Also, MOST if not ALL of the Judges, in (Circuit/District/Supreme) All Courts, are nominated. The NOMINATING Committees are weighted (Dramatically) with BANK/Plaintiff Firm JD’s who are Picking their Future Judges. The Current (& Thereby Future) Judges keeping the benches warm in Fl. as an example are more than 78% FORMER BANK/Plaintiff FIRM Counselors….which means 78% of the time You Are DOOMED, before walking in the room. They absolutely WILL NOT rule against their former employer firms or their clients…ain’t gonna happen. When using an attorney (as a rule, $5-$10k) for Appellate work, Your odds double in Your favor for prevailing….up from less than 4% to just a hair under 8%. The other 92-96% get ‘PCA’ed” (per curium affirmed, where they tell You, You screwed Your own pooch, and we’re not even going to tell You how, or why…there IS No Opinion,and You have nothing left to challenge).
Govern Yourself Accordingly, and realize that 80% of the time, preservation of error, regarding that bogus assignment, Still won’t get overturned, even at the district courts of appeal. Like I said….the game is rigged. They can’t be happy winning 90% of the time….it Must be as close to 100% as possible, at any cost.
Ask anyone who knows about law and the court system in Miami Florida and they will tell you that our brand of judges and their judgment is unique. Far beyond that of any city or state in the union. Here is a minor overview:
1. Judges here are well known and involved in taking money for results. Some doing it for more than 30 years later.
2. To ascend you must be discrete in these dealings while willing to openly destroy anyone that dares stand against giant law firms like Carlton Fields and Greenberg Traurig.
3. Giant corporations are always able to get away with anything they want and demand.
4. Vindictive retaliatory plots here are at play at all times and the victims have the doors to justice shut in there face.
Let me give you an example, mine:
1. Grandson of a former judge and son of a former developer who also became a developer I was anti corruption. A novel idea for a boy raised in some level of comfort. Illusory comfort. When I grew up I realized our finances where like a deck of dominos about to collapse and my daddy had to pay everyone off even when he could not afford it, in order to survive while indebting himself.
2. I stood against bribing bankers, building inspectors, commissioners (one is now the clerk of the court and has been for about 25 years, wow the voters love him? or the ballot is rigged?), mayors and judges. Our State Attorney does not presecute these persons or even answer our calls to do it. Her father was my dad’s business partner and owned a key on the way to key largo. I had a lot of respect for this lady until I realize she wants nothing to do with my cases which call for prosecuting white collar crimes of politicians, lawyers and giant corporations. Funny, she continues to be reelected and has been in office for about 25 years. My reputation of anit corruption spread cutting my business life short.
3. As an example of two disputes I have fought:
a. My home was burned to the ground when I decided to ask for permission to occupy it with elderly residents in a non ambulatory environment. Just homes for the aged. Just like one neighbor rented rooms, another had 12 family members etc., I wanted to be allowed to have a nice environment for the elderly which I felt a passion to care for. All I wanted was to allow them to live there instead of just regular families which the city allowed 6 homes for. The young gay man standing up to the powers at be looking for votes was met with opposition that was unintelligent uneducated and for the most part did not know what I intended to do. I was even physically attacked by one lady and could not defend myself against her as she was a lady and that would not be tolerated in our Cuban neighborhood. I was defeated when the fire struck and the city actually connived and contrived with insurance investigators to scare me and shut this down thru delays. The insurance company was AIG division called Lexington Insurance. The most dishonest property insurance company I have ever heard of. Officer Lake of the police in charge of the investigation would not do anything inappropriate and so he had to retire. He was scandalized by what years later he confided in me he was told to do by the insurance company working with non police city officials. But when I called to report their misconduct he did not answer my calls. Eventually in court a great judge left the case without stating a reason. A insane judge who was later discovered to be on Lithium and Prozac took over the matter and dismissed the case. I was warned she was the one assigned to destroy the cases thru an order no one would dare put their signature on. Since she was crazy the judiciary would assign cases to her and she would be told what to do. On day one without an attorney there as no one wanted to stay on the case with her present, she warned me that she could not only dismiss and enter an attorneys fee sanction but she could do many other things if I did not accept the settlement offer made to “get rid of you”. Weeks later she dismissed the case. She was the perfect patsy. She was crazy. My former partner, a doctor told me she would not live long given the medications she admitted taking during a law suit by a lady involved in a divorce. She always sought to help the husbands and took it out on the ladies and earned a reputation for this that landed her in the news papers many times. This judge died years after dismissing my case while in her 60’s. Before she passed she did the perennial trick done in Miami, stopping you from going before the jury ever thru a motion to dismiss the judges grant. How was the perfect judge meant to help them put on the case? The clerk says we have a random system that randomly assigns judges. That is not true. I have witnessed first hand clerks in putting the case number again and again each time getting a different judge and stopping once they got the judge they wanted. I appealed but the court of appeals did nothing. Even after I discovered perjury and a bribe paid to a witness, they did nothing. Then they claimed I should have raised this during the prior hearing. How could I if I did not know of it and this is basic law. Fraud discovered later requires they restart everything. In Miami and in Florida in general you only have one appeal and that is it. I level. I was stuck. In defense of these judges, audio recording made by a PI I hired show that these judges are never at work. They drive in about 3 days a week for a few short hours yet get paid for 40 hours of work. Shortly after my case was over my career came to a close and I ended up in bankruptcy and lost everything. Once an honor student, with a masters in finance at 20 and 300 homes by 23 I ended up with heart disease and working as a sex worker. Something that I fear is to embarrassing to talk about.
b. While that case was going on my bank on my new home I was forced to get a loan to buy decided I had not paid my mortgage and filed for foreclosure. I was not in default. I had made my payments and they kept loosing them so finally I sent them via DHL, stuffed in by a Notary Public who attested to this and where made via bank cashier’s checks. An amount equal to 6 months worth of payments. But they still claimed they did not receive the payments. I was lucky to find one attorney who frustrated was retiring into being an ethics teacher and would help me. But he only appeared twice in court. He did yell and scream at the bank lawyers threatening to report them to the bar they admitted receiving the money but then said the checks where without funds. The bank which issued the checks responded that the money was set aside for these as they do with all cashiers checks and the checks can be deposited. The lawyer, a typical Miami lawyer except for his great service at two hearings, continued with his teaching career while dealing crystal meth to the gay community is South Beach. Trial came 5 years later and days before the checks where mailed to me which I cashed. Proving the checks where good. At trial the judge ignored this. In fact he started by asking who the lead attorney was, the famous well connected Marshal Watson, who has since lost his license and gotten into a lot of trouble for fraud that ran all over the new wave of foreclosures in 2008- . When Watson identified himself the judge told him on the record that had Watson not thought he was such a big man and had returned his calls he would have shown him how he could have taken this house in a few weeks instead of a few years. Not only is this one on one communication without me present illegal but it also signaled I would loose the case. I had to file bankruptcy to stop it during a lunch break. In the other court system, Federal Bankruptcy Court, still unjaded as they are now, I got a solution, made some payments and got my home paid thru a sale to another person. I had no choice and no longer wanted to be a target.
But now years later, after a hurricane and sale of the home to a bank insider at BankUnited FSB, the home was resold and I still am owed some money. The bank who agreed to a joint venture on the damaged home with my money as the only loan, fabricated a fake mortgage and claimed it had priority before mine. This was key when the market collapse came. Even after being restricted and shut down thru another case in federal court where they got some money, the FDIC restricted these same lawyers pretending to represent this bank from continuing to try to take the home away. This bank claimed that the damaged home was the subject of a conventional home loan and had no damage despite insurance payment of $200,000 for damage, photos and more. And despite a joint venture agreement and no signature but only a forgery on the note they presented. Worse of all they continue the foreclosure process despite the FDIC federal restriction. This fight has been going on now for 11 years worsening my heart disease. The title has been granted to the bank. This is so crazy that I sued the new bank that claimed to be the owner of the note and mortgage while the process was going on and they came back and said they where. While at the same time the other case continued on with the old bank claiming they where the owners and later they even signed an assignment over to the new bank, years after the new bank claim din my case to be the owners. Its a shell game and what the judges say to all this? Its to confusing and give the bank what they want. The main judge was counsel for infamous murderer drug dealer and my competitor in the building business (we he used with the judge to launder money), Leonel Martinez. Martinez was arrested and the judge ascended thru his clients contacts being nominated to judge before the arrest. Good security for his client. He sat in office for about 20 years. See Dirty Money article in the New Times archives. The judge lives off loans from this very bank and others.
c. In another case a broker for Meryl Lynch admitted to lying to me causing me losses of $250,000. A hearing was held without notice to me except notice to come in one afternoon when the hearing was held in the morning. When I came I had lost. Of course no court reporter was present and the judge did nothing even after I told him to help me. Without a record of what occurred at the hearing, even assuming the court of appeals was honest, the appeal was impossible.
This is just a small example of how you are buried alive in a system of corrupt judges not found anywhere even in Panama or the most corrupt places in Latin America but right here is the US. It is sad how so many come here from Latin America to look for justice only to find corruption. Beig honest here does not pay. I married a Norwegian and moved away. Now divorced and with aging parents who refuse to leave Cuba land, I am stuck like a dog in a tiny cage without food or water. For me it is probably too late. But if you want to investigate these players I can help you and maybe we can stop them once and for all. But please do not let some pretend federal investigators f…. things up like they did once before where most judges got away with no time in the one isolated instance they decided to pursue them. Operation Court Room Sweep.
Yes, it is a violation of securities laws. It’s also a common violation of securities laws. The commoditization of mortgages and removal of property records from county agent has led to extensive fraud in America, including most often fraudulent representation of PETE, the Person Entitled to Enforce. We have a case on appeal here in Cameron County TX (seven years in litigation) on exactly those grounds, where an admittedly sleazy attorney (BBDFTE, llc) is presenting himself as both the PETE (Plaintiff) and the Owner’s Trustee (Defendant). They stay up late at night negotiating with themselves, and earn some generous fees. It’s quite complex. Since the judges, bankruptcy trustees, SEC regulators are all part of the scam, the battle is uphill for the owner who cuts the grass, repels thieves, and pays school taxes, and generally some technicality results in a forced sale. Here in Texas the average is 28 days. The only advice I give people now (and I’m not an attorney so I only give advice, I don’t sell it) is GET A JURY. GET A JURY. GET A JURY. BURN DOWN THE TOWN…. 🙂
I am in florida it is just as bad. we have a new foreclosure law from 2013 that the note has to be certified by penalty and perjury before a foreclosure case can be filed. but te judges are looking the other way. then when you bring htis fact up they do not dismiss cases they blame it on procedure error???? what??? state statute is clear what the certification is suppose to say . there is no messing with it. feeling sick about now.
Dangeroos and everyone else out there,
I just read that in May, the BofA vs Nash decision was reversed, and no attorney fees or damages were awarded.
Does anyone know of Florida foreclosure cases, where damages were awarded for the Defendants of fraudulent foreclosure.
Thank you!
Keep Fighting!!!
and…read Chain of Title if you haven’t already. Amazing book that helped me and my attorney realize I am not crazy!!!
I can sign as an attorney in fact for you, if you are inconvenienced. Of course, I could go to jail if I use my attorney in fact masquerade to steal money or property. Fo banks, this leads to the odd situation occasionally of the same party appearing on the foreclosure as both plaintiff and defendant.
Inside a pooling and servicing agreement, or a collateralized debt obligation, there is no such status as a performing or unperforming mortgage. All individual collateral obligations are surrendered by the underwriter on formation, and all components must be in hand within a limited time period, such as 30 or 60 days. From that point on, either the entire asset is solvent, or it is not. Either the entire cash flow is being produced and paid to the investors, or it is in the hands of the bankruptcy trustee and no longer exists.
Here are the details: I have been battling a fraudulent foreclosure for almost a decade. Many of the big banks are involved, as are a couple of foreclosure mills. They have played all of the tricks of “recreating” a chain of title. The latest one is a new bank “ABC Bank” has stepped in as Trustee for “ABC Trust” and they assigned the Mortgage to themselves, as “Attorney in Fact” for a non-related party who was fraudulently pretending to own the Mortgage and Note. This was done to continue the smoke and mirrors of the chain of title.
My question was, can a Trust assume or purchase a mortgage that they know is in default and has been in default (non-performing asset) for almost a decade? I thought I read somewhere that that was a violation of securities laws. If so, it is just another fact that we would like to present to the court.
imo a bank can sign their rights over to themselves if there are multiple entities within their organization, but it is a disguise and they are hiding or covering up something but probably it is a stall tactic to get themselves together to better defend themselves. Everything these banks do is to cover their fraudulent tracks. dates are important, reconcile all your paperwork to the mortgage. sounds like you are being scammed as the rest of us are.
1) Can a bank sign an Assignment of Mortgage to themselves (Assignee), and sign as Attorney-in-Fact for the Assignor, without the Assignor signing the Assignment?
2) Is it true that a Trust cannot take-on or purchase an asset (Mortgage or Note) that is not performing and is in “default”?
that could easily be used as a defense i have seen some wins in florida because of an incorrect address it might work in NY. hope you have a lawyer or are going to fight pro se?
I know this is strange question but has anyone run into incorrect zipcodes. I know it seem trivial and a basic error, however what happens when you trance your loan back to the trust and the zipcode is wrong. It’s as saying your property is on 5th ave when really it’s in Harlem(New York). I would have let this go but the mortgage statement has the correct mailing address but incorrect property address all on the same statement. To add insult to injury I also have 3 different mortgage notes and two assignments signed by different people for the same property but different note. All notes have wrong Zip Code. I was also able to find my original signed mortgage documents.( they were almost impossible for me to get my hands on) I was also able to find out my loan originator used someone else’s financial information to approve my loan.
I know this is strange question but has anyone run into incorrect zipcodes. I know it seem trivial and a basic error, however what happens when you trance your loan back to the trust and the zipcode is wrong. It’s as saying your property is on 5th ave when really it’s in Harlem(New York). I would have let this go but the mortgage statement has the correct mailing address but incorrect property address all on the same statement. To add insult to injury I also have 3 different mortgage notes and two assignments signed by different people for the same property but different note. All notes have wrong Zipcode
Happy Independence Day!!!
I have a JP Morgan Chase Loan #, internal Commitment #, and internal Reference #. Anyone know how i can find out if my loan was securitized and bundled, in a simpler manner than the secinfo.gov process? I will buy you a copy of “Chain of Title?” if your answer works!
I am fighting LNV MGC-Dovenmule for six years now some wins mostly losses I need a real lawyer in Pietland Oregon fast who understands fraud and I mean fast. Any body know whos real my last attorney took tons of money and did zero.
Hi I know some people in Washington state and I know someone in Oregon please post you email address and I will give it to them for you. Ps if you don’t want to use your regular email please create a new one with yahoo or Gmail ok . I understand I have been fighting since 2009
I live in L.I. NEW YORK -I am in foreclosure since 2007 – are there any good pro-bono lawyers out there?? I have just defeated banks motion for summary judgement! I truly don’t know what happens next. please help if anyone can. thank you for reading
Down in Cameron County we had the bloomberg audit recorded by the property clerk (103 pp.), to offset the fraudulent document created by BBDFTE trying to be a PETE. The proper place for for property records is in the clerk’s files. Naturally, one document is fraudulent and someone needs to go to jail for five years but that is for the US Prosecutor to decide. For dividing up money that is for the jury to decide, which fact is truthful, and which fact is fraudulent. If you judge is making such decisions, without personal knowledge of the facts and issues, that is just another error. Appeal it. 🙂
I had the audit done in my California case and even brought the witness who conducted the audit and the Judge refused to allow his testimony or the audit to be entered!!!! The banks are being allowed to fraudulently steal our homes and the judges are permitting it to be done! You cannot demand a jury trial, you must bring in your own court reporter, which was nearly impossible to even find and my judge cleared the courtroom so people couldn’t witness the wrongdoings!! It’s the worst crime to ever be perpetrated in US history and the DOJ, CFPB, FBI and the OCC are doing nothing to stop it?? I lost 2 homes because the banks have convinced lawmakers that they really are Too Big To Fail…..
I’m a real estate agent in SW Florida and have seen lots of very egregious stuff. Is anyone here familiar with the addition of LPMI by the bank, AFTER CLOSING. Like 1 year and 3 months later??? I discovered it last year and BOA admitted in writing to the CFPB they had done so, as if there was nothing wrong with that. To my knowledge, nothing was ever done. Because you would never know if this policy had been placed on your loan until you try to refi or sell (or in this case short sale), I suspect this will be the next big wave of fraud, in place since 2006+ with untold numbers of mortgages affected. My research has turned up very few cases like this but experience has taught me if the bank can make money on it, they’re doing it. All behind the scenes, telling no one and laughing all the way to the bank. Only in America can banksters break our laws and not go to jail! #WhoDoYouCallWhenTheBankRobsYou
Does anyone know of any federal cases in which the TILA 1640(e) SOL was equitably tolled in favor of the homeowner? Appellant decisions denying the use of the the 1640(e) against the homeowner enabling the homeowner to survive Motion for Summary Judgment or Motion on The Pleadings would be most helpful. Thanks!
Here’s a case pf how NOT to plead it and report with possible references; I’m looking into this as well
https://casetext.com/case/strong-v-countrywide-home-loans-inc
“Finally, both TILA and RESPA are subject to equitable tolling, which suspends the limitations period until the point in which the borrower discovered or had a reasonable opportunity to discover the violations. See id; Merritt v. Countrywide Fin. Corp., 759 F.3d 1023, 1036 (9th Cir. 2014). Here, equitable tolling is not appropriate. A party seeking equitable tolling must establish: 1) a diligent pursuit of their rights; and 2) “some extraordinary circumstance that stood in [their] way.” See Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005). While providing evidence of defendant’s general wrongdoing nationwide and correspondences between the parties relating to loan modification, Plaintiff has shown neither a diligent pursuit of her TILA and RESPA rights nor extraordinary circumstance. See Lien Huynh v. Chase Manhattan Bank, 465 F.3d 992, 1003-05 (9th Cir. 2006) (finding equitable tolling not applicable when the plaintiff held all information required to bring their claims earlier and the alleged actions of the defendant were not “unusual,” or “special”).”
No Bobbi, I’m an independent that leans conservative. (not democrat or republican). Unfortunately there isn’t a conservative left in the race so I’m looking at the Libertarian candidates now. Yes, you are correct, both candidates (and parties) are as crooked as they come. Bill Clinton let glass-steal get repealed, which allowed banks to start gambling with our savings. While republicans (directed by bank lobbyists) slipped the measure into the bill at the last second. Now, Dodd-Frank is slowly being eroded and banks are back to their financing tricks.
I have faith in none of them. Hillary is as dirty as mafia hit-man and you can trust her just the same. While Trump just says one stupid, reckless thing after another, and has shown absolutely no temperament to try to learn the things that he doesn’t know… and he doesn’t know anything. He has a chimpanzee-level understanding of Geo-political and national security policy, I’m convinced he’s a petulant man-child with Borderline Personally Disorder (BPD). IMO! You can’t piss on my leg and tell me it’s raining like he tries to do. Yet, that doesn’t mean he will be any better or worse than Bernie or Hillary. Just has to be held accountable.
I’ve learned that we, as voters, get the leadership we deserve. We are all on this blog crying, kicking, screaming about injustice, while steadily going broke trying to save our homes. Why? Because of the decisions we made when electing our leaders. We can’t fight this battle alone Bobbi. Banks WILL start buying our politicians (to change the laws) if they can’t win in court! So, who we elect is very important and should be discussed here, with RESPECT to everyone’s right to decide for themselves. Bernie says he can / will change the banking system, but offers no ideal exactly how he will.
This system was screwed up decades ago, by both parties. What’s demoralizing is that Obama did nothing to the banks (or Bankers) when he had the golden opportunity to revolutionize our banking system, and send a message. He chose to tow the line and just “get the bus out of the ditch”. So, again…we get the leadership we (vote for) deserve. We elected him, Bush, Clinton, Reagan, Newt, Schultz, Bondi, Scott. Basically what I’m saying is that it doesn’t matter who is elected if we don’t hold them accountable. Pam Bondi (Fla AG) got hundreds of millions of dollars from the banks for Florida homeowners in distress. Where is it? Has anyone seen a dime. Has she disclosed where the money is / went?
The Big money/ people/ families, behind this banking system will always try to control this country by controlling the politicians. It’s our job/ duty to fight them. Let’s not get caught up in Clinton, Bernie vs Trump, as that’s just a media driven distraction to keep us from focusing on the real problem. THE BANKS!
” I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.”
Thomas Jefferson, (Attributed)
3rd president of US (1743 – 1826)
Hello Bruce I am a 100 percent disabled veteran near Portland oregon. I came to same conclusion. Perhaps you k or about the veteran hsbc whistleblower in Damascus oregon. I talked to his attorney who might be able to help you. My sit rep is with Chase. Here is my email if you want to contact me David F Black. Blackvan@hotmail.com. the story about hsbc appeared in the Vancouver Wash
Columbian newspaper
About ten days ago. The case was filed in federal court. Not sure of which one.
It does not seem this blog does not print very many if non at all for followers to read and see commnts if ay on thier reports. I know I have sent several and not yet seen anythind. I am a 77 yr old disabled vet and direct OCWEN/HSBC?AHMSI to the rune of osing some $300k to teir fraud for failure to prove interest/standiing. The did not matter to the Fed Dist Ct Judge brown in Portland, OR. or apparently to this blog. Sorry to bitch but I am wounded with no recovery in site.
Tonyp – I read this article and for what’ it’s worth ~ this author isn’t even a reporter; he’s a blogger. No college graduate with a degree in journalism; just his own opinion and a Democrat at that! There’s enough ‘scandal’ on the Hillary side to fill a 900-page book! No one person is perfect and I don’t believe the citizens of this country are looking for such a person. Hillary has been ‘involved’ in similar financial disasters and she certainly does not have the greatest track record in her current position and even that is still an on-going investigation. Trump doesn’t ‘belong’ to the banks and as far as cheating people, both candidates are guilty. I can’t name one single ‘honest’ Congressperson or Senator in either the Federal or State level. It’s obvious that you are a Democrat as well, but this site is not the forum to debate the political arena for presidential candidates. We are looking for solutions here that will benefit us as a whole for fraud against the whole of the country. No running presidential candidate at this point can fix those wrongs now.
Con u file in federal court based on rule 60 which is similar to Florida statute 1.54? Can someone answer and if there are any Florida attorneys listening pls reply. I am interested in filing. Thks
That should be on the court record. Finding out anything after that I have yet to find or even have answered here. They keep open the door for deficiency judgements and if you have cash in savings they will garnish but many have at least so far or yet not been getting hit for deficiency unless you stripped the shit out of the house and pissed the good ole boys off which makes it hard for them to unload or do whatever they are actually up to with stealing all these homes maybe for the refugees or maybe its greed.
Monitor the MLS for your house to go up and hope some brain dead young slave millenials that does not have a parent with wisdom or a son of a good ole boy and his nice new wife become the next set of slaves to move in, poor kids.
Now cancellations of mortgage you will get a tax 1099 or like document or have to go in person to the hall of records usually to find out at least by me because your a loser now they had to sweep your stolen home under the rug to keep their pensions and the good ole boys fed and on the payroll. Online access is for the elites and too much data entry to make us losers life easy.
Its kinda like an airplane the lady calls boarding for the first class, priority, premium gets access to premium overhead space for luggage but your in group 5 now you board last (and get off last) wait get all the way to your shitty seat no leg room and the overheads are filled so you gotta go back out check your bags go back to your seat with the big fat stinking guy who farts your whole flight and your arms sore from holding it in all flight and continually adjusting the fan hole just right to blow the stink from your nose just right. You may hope the plane just crashes but I move my hope to the first class elite vampires to be exposed and brought to justice. Or wish I had went into CC debt upgrading to the varying scam seats near first class but 3400 for a first class ticket an hour trip is insane. We are slaves to the matrix of everything.
Did anyone read Neil Garfield’s blog on Friday. Angel I hope you did. It shed a lot of light on Fannie Mae. I have tried to post on his blog today and it appears that the comment section is closed because I cant post. somebody really let the cat out of the bag perhaps. The truth is getting closer all the time. Lets keep the post coming everyone. The Truth needs to be heard!
Yes. I have the originals that I received at closing showing acct # on each page of note and mtg and recorded mtg showed acct # but the note and mtg produced at trial and in the court file are erased so somewhere down the line after it was recorded, it was altered to not show the acct #.
Angel it appears our govt is the the one defrauding us. Ur situation is the complete opposite of mine. U bought from Fannie and chase is trying to claim ownership and I bought from chase and Fannie is claiming
To be note holder. Raises a red flag with me. They hide behind each other to put us further in the deep dark of their shell game.
Agree:-) I have ORIGINAL note,mortgage,special warranty deed, & I’m the ONLY one with the ”originals” in my case,,chase created bogus default claim,Freedom Mortgage made claim to Fha for pymt,,Chase is trying to step up as owner/holder with forged sloppy copy’s of note,& their chain of custody is NOT same property I’m in foreclosure over,its to a home in different county,its a FARM on 42acres,& costs 50,000 more than what we purchased,we purchased residential home on 2 acres…
BOBBI SWANN
April 8, 2016 at 1:56 PM
Angel – if you have in your possession the original “ink signed” note you should file for dismissal. An “owner” of a note is legally described as a ‘holder’ of the original note. If you have the original you would not be foreclosing on yourself….Basically the lender would then have an unsecured mortgage, at best!
Angel
April 8, 2016 at 2:12 PM
Bobbi,I have…..they’ve came up with EVERY stall tactic known to man,my motions are being held in abeyance right now,had to go to mediation,,,,that’s were 1st settlement offer came in…now its a new offer every 3weeks,,,I’ve declined all…I WANT to get into court,I want sooooo bad to finally have my say,,,,I have raised in motions dismissal w/prejudice due to,No standing,false cause of action,fraud on the courts,un-clean hands.
0bviuosly judges need to go to refresher school. so please help me out here. Bank A is the original lender on the note we sign at closing. Bank A sells note to fannie mae (GSE), FMA secititizes note on the stock market and mortgage is placed in a MBS and placed on MERS. Bank A (original lender) is retained as servicer. During the height of hamp denials Bank A (and all other banks and servicers) sold you not to pay the mortgage. you were told you have to be 90 days late for a hamp applicaiton to be accepted. so the 90 day peried comes and the Hamp loan application is sent to Bank A by Fed ex, (because in 2009 while applying for a Hamp loan the faxes were lost. hamp loan denied but bank A gave you an “in house” modificaiton with NO statement to see where the money for payments went) fed ex mailer lost. hamp denied. Now fast forward 6 years you are in the middle of your 2nd foreclosure (Bank A never proved standing during 1st foreclosure case). I am not understanding how Bank A can prove standing if they sold the note to FNM and FNM placed it on MERS. Why are judges not seeing securitizations? why are the letting the original lender Bank A take homes in foreclosure they do not own any more they are merely just the servicer. how can we the people right this wrong. this ver over whelming to me and causing so mych sstress. PS SOL passed in sept. Case should be dismissed if SOL has come and gone? thanks for your help
Bobbi yes thank you. No assignment on record. However the mtg was recorded and that is all. No evidence of Mers involved chase was lender. However. I recently visited the court file and the note and mortgage in the file has been altered. They also erased the account # off of the note and mortgage. Why would they do that?
What do you mean they “erased” the account from the note and mortgage? Erased it from the face of the note? You cannot deface a note; it makes it null and void if you do so. They can cross out and add but cannot erase. You have proof that it was physically erased on the note?
That’s what I thought they were is an insurer
So I see they assign the bid for the sale but no evidence they ever had anything to do with note and mtg. Just got off phone with Fannie supvsr. Telling me that to get a loan mod when hamp first started They were sending out the loan mods. Prior to people qualifying for them. This is how the banks are trying to explain their reneging of all the hamps. What a maroon!
Angel, FYI, I just contacted Fannie Mae for them to send documentation on when they bought my loan and this guy AJ said he would have to ask his supervisor to provide me with that info. Apparently it is not a right for the borrower to know that information. What a bunch of bs! If Fannie owns the note or holds it or whatever you call it, would they not have to do an assignment thru the court record?
No! they will use a law firm to pay someone in a different state to notarize and witness. The law firm knowing these people like Fannie Mae, won’t show up in court to contest anything. then the assignment is filed by law firm. Fannie Mae being Under government conservatorship, will not tell you direct that they are the lender, but they are quick to say their interest is being the insurer. Whatever Happen to the government (TARP) bailout in 2008 & 2009 for all the bad loans?
Over the last couple of weeks I’ve seen all this garbage about Fannie “owning” the note and mortgage being or not being my lender. Fannie or Freddie, neither one, can originate mortgages or lend for mortgages. They BUY the mortgages already closed and funded by other lenders. That is what they are – GSE”s (Government Sponsored Enterprises). They are not lenders but by purchasing portfolios of mortgages from other lenders they bring liquidity back to those lenders over and over and over again. When a lender sells your mortgage to Fannie, Freddie or even Ginnie Mae it is SUPPOSED to be done via an assignment but that was part of why MERS was created – to bypass all those recordings in the Public Records and not pay all those fees. They got around this via MERS by forming the TRUSTS or pools of mortgages and setting up a ‘trustee’ which allowed MERS to be the tracking device for all these mortgage exchanges. The public records clerks had no idea of the evasion being committed by these lenders until the financial recession. That’s why so many of the County Recorders are suing those lenders for the loss income. As far as you, the customer, the only way to track is finding the Trust your mortgage was placed into and pulling down the proof. It’s really really digging deep and for most it’s never found. If your assignment is not on Public Record I would go to the County Recorder and ask why this lender was able to circumvent the public records? Getting them involved is like lighting a match to kindle….Oh and you can always go the sites for Fannie and Freddie online and find out if they own your mortgage. Google Does Fannie/Freddie own my loan?
I got the same run around until I told them there a DEFENDANT same as me on summons from chase…,then I got somewhere,,,had to send papers,& They responded to me/court.Fannie Mae was the ”seller’ we are buyers/borrowers.Freedom Mortgage was lender,Loan care was servicer,then CHASE became servicer,,flipped our lives upside down.
Angel
April 8, 2016 at 1:21 PM
IMS 53,MY response above is to u,don’t know why it shifted downward,sorry:-)
I’m at the end pretty much too. Trying to get judgment thrown out Most attonys don’t want to deal with u at end cause they can’t make money. I would say if u come this far on ur own, finish it Because my experience with lawyers has been u pay a lot of money and they go thru the std motions but don’t really dig into your individual case as they should. There are many issues of material fact that should have been in front of judge but never did so now it is left up to me. Going to court next week in fact. Will keep u posted.
I wish u all the luck in this world:-) &thank u for talking& yes keep us posted:-)
AL
April 8, 2016 at 12:04 PM
Angel, about your assignment being record in court.
No! they will use a law firm to pay someone in a different state to notarize and witness. The law firm knowing these people like Fannie Mae, won’t show up in court to contest anything. then the assignment is filed by law firm. Fannie Mae being Under government conservatorship, will not tell you direct that they are the lender, but they are quick to say their interest is being the insurer. Whatever Happen to the government (TARP) bailout in 2008 & 2009 for all the bad loans?
Angel
April 8, 2016 at 1:08 PM
Al, NOTHING has been recorded in my county clerks office,We purchased this home from Fannie Mae,2008,,it was a foreclosure/repo…We aren’t listed/vested as ”Owners”‘,nothing has been recorded since Fannie Mae,Chase had counsel Lerner,Sampson,Rot fuss ”create” an assignment of mortgage dated 2-9-2012. I was in foreclosure proceedings 8-1-2010. That created assignment didn’t come from original LENDER,& it HAS NEVER been recorded.Chase has paid my taxes under the name of FANNIE MAE all 8 years..I proved in court with documentation from Fannie Mae it was SOLD to us in 2008,& that was in 2014…chase is claiming they have continued paying the taxes but my records show CHASE NO-WERE,,,why would someone with a legal claim to property pay under someone else’s name????? To me…..FRAUDULENT ACTIONS,,,what’s your thoughts???
that’s what they do to shut you up. I was in the chase multi district litigation class action in boston for breach of contract. of course chase and the attorneys settled for 10m and the homeowners got nothing. I have tried to contact the attorneys that represented us in the class action. they will not return phone calls and I found out Gary kleins firm has closed up and I think he is working for AGs office in Boston, so they get you to shut up one way or the other, know what I mean. you must have something on them.
Its crazy the levels they have taken us all built on lies,I’m at (I think) the end of this case,as lawyers put it,I have a Great court system here, but I do think I need a lawyer,ONLY because they do speak a different language,&my proof is great,my delivery isn’t..& finding,explaining case,timeframe its takeing they act as if I’m a loon,,,”oh no foreclosure cases only last a year in litigations”’ ummm no…I’m STILL fighting,& it began in 2010 to present…so I’m pro se,& they continue to hold my life in 2010…& battle rages on…& I have everything,every notice,flood policy attached,I have Original note/mortgage/special warranty deed/chain of custody.proof their ”copy’s” are copys,not originals & forged
Angel
April 7, 2016 at 12:24 PM
Had a lawyer 2012-2014,he did NOTHING except change law firms,3x’s & was always playing catch up due to the move? So we released him,to put it nicely,& I’ve moved this further in a yr as pro se than he ever did,,,1st challenged motion came from me..so TRUSTING a new one causes me pause…….rock/hard place…have you heard of Jeff Barnes? Any input would be greatly appreciated:-) 🙂
unlike you Angel, I did my refi with Chase and they were the original lender, but have since tried to put it on Fannie, but there has never been any evidence to show that Fannie is owner except the fraudulent POA showing Fannie assigning certain rights to Chase. even my credit reports show chase is the owner. fannie mae said they have been owner since 2006, but there is no way.
keep on keeping on Angel , like me. Chase is made up of a lot of dishonest employees, combined with their foreclosure mill attorney, the fraud is rampant. they erased account # from my note and mortgage, not sure what their benefit to that is except to continue their fraudulent securitization scheme. also Chase is hiding behind Fannie mae saying Fannie owns the note so they done have to explain their illegal ways. I’m still fighting too after 7 years so I hear you. Stay on them!!
They did same thing to me,I contacted Fannie Mae,made them aware they were named as holder same as me,they released written statement to me/my courts they sold property to me in 2008 & don’t have ANY claim to my property, if I was you involve Fannie Mae,helps u by showing flat out deception…this has been a living nightmare,but also EYEopening….I wish u peace,resolution:-) 🙂 & Don’t give up:-)
Howdy y’all,,I’m STILL fighting chase/counsel….Latest activity,settlement offers have been coming in,500 to 10,000 now,I declined ALL amounts,&made counter offer,of course it was declined..also the ”threat” of summary judgement motion is on the way,that was last June,1st time I was informed of it to present date,,,still NO motion..weeks pass,new offer amount,,I have filed motions to dismiss w/prejudice that are held in abeyance,my question is….do I push to proceed,or cool my heals to see next offer????I have battled this since 8-1-2010!!& I’m still in my home,& I’m pro se:-) your input on this topic is priceless,,I feel I’m on the right track,but DONT want to mis-step.thank u so very much in advance:-)
My home,,,sorta like cash for keys,,,,they have no claim to my home,sloppy copy of note that is forged,false cause of action,the default claim is/was always paid,what I REF– USED to pay was forced placed flood ins,policy’s..so they made it into default claim,of missed home pymts…that I’ve proved PAID.chase was servicer ONLY,,,,never had ANY loan with them.didn’t close home loan with chase,but their claiming ownership to my note,with no valid chain of custody.no valid anything….I have the realtor who was Present a closing of my loan & written statement the signatures/initials chase is using ARENT what she witnessed us signing.false credit reporting,its a LONG list of illegal actions by them.
Angel
April 7, 2016 at 11:33 AM
& part of ”settlement offer” I’m to withdrawal all complaints,I’m not to speak of chase/counsel in negative light,I’m to stop all legal actions….I declined:-)
Quicken loans, gave loan immediately to GMAC, 2008 crash, husband’s company bought out, wife’s job cut along with furlough days- leads to husband’s new company cutting everybody’s pay and. Cutting out benefits that were still needed to do job. These were vehicles and cell phones and gas expenses. So, trying to get a modification loan with a company, we are served foreclosure papers that had written that two lots of land that the wife inherited was included in the foreclosure. Immediate attorney gotten to respond to this fraudulent statement . GMAC going bankrupt and said did not need to help us. Quicken loans no response to clear this matter up. Ocwen has gotten loan and refuses to help. Have always paid taxes on this separate land. Property description always correct without lots on it. Six years of being told we would have to move and that court would be coming up has caused the husband to have heart attach and last year thyroid cancer. Anxiety and stress. Now, being told to not spend money on home, it leaks and insurance will not fix. We have had to move in with family because of the awful mold and mildew. Still no answers, still injustice. GMAC would not work with SC Help and no modifications could be done since we are in litigation.
I have a case where a FBI agent with 30 fraud investigation experience has stated that my mortgage bank committed criminal mortgage servicing fraud. The put in place practices and procedures to enable the foreclosure of high equity properties. I stood in line myself every single month and made my payments in person and got a receipt yet the bank made my payments between 7 and 20 days late with all that additional interest and late fees. Then when called on it they corrected it, years later. They with American Modern added at least two copies of insurance for 1.8 MILLION dollars each on both my HELOC and my mortgage at the same time. Total coverage on property was over 4.5 MILLION dollars which of course they billed to me. They claimed my insurance which was always in effect was 300K insufficient so the added 3.6 MILLION in coverage! WTF??? Even send grade math tells you there is a bit of over insurance. OH yeah and when the complaint went to the federal reserve they claimed there was no insurance fraud. They INVESTIGATED IT!!! The bank created a situation where they sent to credit reporting bureaus that my HELOC payment was 3 months late, yet they talk in their own activity work sheets about how the bank officer who was supposed to be managing it hadn’t. They told their collections person not to call me when bank officer failed to transfer only the HELOC payment. Of course he continued to make the mortgage payments that were due the same day. Then the bank said they never transferred a dime.
IN 4 YEAR ONGOING FORECLOSURE BATTLE – SAME HO– USE/NOW ON 3RD LENDER.
FORECLOSURE COMPLAINT JUST DISMISSED BY COURT BASED ON MY MOTION TO DISMISS DUE TO PLAINTIFF NOT RESPONDING TO ANSWER TO COMPLAINT, ETC.
NOW, PLAINTIFF IS REQUESTING MOTION TO AMEND COMPLAINT INSTEAD OF REFILE. NOT HEARD OF THAT BEFORE AFTER SUCH A DISMISSAL BY THE COURT.
NOT ABLE TO FIND ANY AUTHORITY TO PROHIBIT THAT OR ALLOW THAT.
I AM LOCATED IN ILLINOIS, BUT ANY INFORMATION OR HELP WOULD BE APPRECIATED.
THANKS FOR ALL YOUR GREAT WORK.
WD HERRIN mickwd1@gmail.com
We can’t ignore impact we have had and whistleblowers, significant wins and Supreme Court TILA decision by Scalia who was ni friend of homeowners but could not deny basic truth. We are at another level of evil in those places like CA manipulating settlements and ignoring law that was to address harm done and admitted to.
I’m in California. We are making progress with the TILA rescission. One member of our team had an acceptance from the Federal Reserve of a complaint submitted. The Fed forwarded to the CFPB. I will be doing with my two cases which are in the San Bernardino County courts currently. I can provide more information if you’d like to join us….Please call me at 310-427-1008 or email me at margdeselms@gmail.com. Thanks!
Hammertime
April 2, 2016 at 2:33 PM
Interested. Will be in touch. Just lost stay of eviction but court left opening I believe.
Yes the cancer has spread everywhere were way beyond cause and blaming sub prime. In my case brokers definitely ignoring law and abusing the process. Used notice of sale and intimidation as well as bogus cash for keys to try to push me and tenants out. They tried to get contractors to tear off whole roof of unit to flip. I had to stop them and put sign up. They are even using rental income under MY OWNERSHIP! City refused to release funds to me when I still had a chance. Contractor actually refused and new ones told me they were fired. We need all brokers, bank, court employees to stand up.
My view and first hand is its way worse than we even can see I am afraid to say too much. The matrix is in full effect and I hate to say this from the bottom of my heart but I think its over already. All the puppets that think they will be taken care of will be shocked when their masters dump them too and they become just like us and realize they were used to do the dirty work. As I watched all these baby lawyers just jumping in making a name for themselves be used and brainwashed into thinking they are special stealing the homes of their own mothers brothers perpetuating this travesty.
There is No room for the good people the light in their darkness they have to marginalize you and isolate you. The struggle is if so much evil then where is Good? Where is God? Throw us a bone not one of the so called precedents we prayed for ever came through. Now what the next bubble game. Waiting for the next punch of destruction. Its obvious now a systematic destruction of the USA is in full effect, or global destruction.
Yes both! All on the take willingly or forced to comply to continue to have a business in the local municipality or face being targeted and destroyed and blacklisted harrassed. Hundreds have said brokers went out of their way to drive homeowners into short sale/foreclosure. Homeowners taking hit to unload property to avoid and they blow the deals out. Some done deals with deposits, mystery walk aways. You know a broker is shady when they dont force the deal legally, buyers obligated to go thru mysteriously brokers dont fight for % BS! I have heard tons of times weird broker stuff. As for mortgage all the sudden friends of friends are in the mortgage sales biz from street cleaners to truck drivers. These guys had such a pulse on the bubble they all the sudden are mortgage business pros.
@ PAL – Let me just set the record straight here. ALL mortgage brokers have to be licensed as of 2010, take the pay for educational required classes, pass the written test with 70% or better, pass the background check, pass the credit check,pay the annual fee and now be limited to a set amount of pay. I am a mortgage broker and have been one for 44 years. I don’t stay in this business because I do the wrong things, I stay because I do the RIGHT things. In 2010 when the NMLS (National Mortgage Licensing System) was put into place, nearly 85% of all registered brokers and loan officers dropped out. There were several reasons: couldn’t pass the tests or couldn’t pay the fees (they are hefty) OR didn’t like that our incomes would now be controlled by the US government. We can’t get raises, or bonuses. We don’t have overtime pay. None of that. We work strictly on commission and that commission is set now by the CFPB government office for EVERYONE. Every time I hear a consumer spout that it was the brokers that caused the financial disaster and subsequent foreclosures I want to puke. It started with the Greed of Wall Street and grew like a cancer. A mortgage is a product just like any other type of product and there were all kinds of versions just like there are versions of models of cars and each with a different set of rules and guidelines. Wall Street began to offer ‘incentives’ to sell as many of these products as possible. The brokers only followed the rules. How often do you perform a task in your job that you don’t like or agree with? Do you just say I’m not doing this and put your job on the line? Hell no. I did. I refused to sell the asinine products to prospective buyers and do you know what they did? They went to any other broker who would. People were desperate to own a home no matter what. Consequently I lost over 70% of my income. I resorted to taking on a second job while I watched my other cohorts rake in the hundreds of thousands of dollars. There are those of us who had consciences but there was also those buyers out there who knew that under normal circumstances they couldn’t own a home other than these ridiculous programs from Wall Street. These people now come crying and for those I have no sympathy. For those that suffered the loss of value because of the financial crisis who had owned homes for years, never refinanced, are the ones who suffered the most. They ended up with the short end of the stick after all was said and done. That is the truth of the matter.
Pal
February 15, 2016 at 3:07 PM
And I say good is good. I know rotten apples spoil the bunch and its in everything. Those shining lights in any job I have no problem with. I CERTAINLY am not sayin all are bad I know how it is, theres evil and good. Wheat and tares. My only hope is in those lights and I hope they are in leadership that can save us and say enough is enough. If you made the noble choice to not sell those products than well I am not sure most of us wouldnt have gone along with the gold rush and stood up and said no so THAT IS ADMIRABLE.
Obviously we are under attack and our only knowledge is that the Courts are created to protect us!! The reality is hitting each of us, the many that have been on this thread for years, that we the people are being allowed to be under attack by the very courts that are created to protect us?? The system to protect us actually allows the banks, that took our homes with forged and fraudulent documents, to add another source of revenue for the IRS by sending 1099 showing you received the foreclosure as income and now the IRS wants money from you!!! Really? So the banks are paid for the insurance they took out for each loan, then they steal our homes to sell
to a new buyer so a NOTE can be created, then they send a 1099 as the final straw to then attach your social security, unemployment, income refunds even disability!! What the hell? There is something going on with “things” and our jobs, homes and way of life are disappearing before our very eyes?? This court battle is useless, it’s totally rigged to take your home!!! There has to be a plan that was agreed on with “the powers that be” whoever “they” really are, it’s a movement to change America and we better get out of the court battle’s because we can’t win and it’s got our total focus!! We need to figure out what is really going on and soon !! I am a victim so I know what each of us is going through, it’s something bad for sure don’t you think?
You nailed it! Its no doubt the boiling frog analogy. I shake that the frog is cooked and well done. I mean Its scary, whats next? All these years of end times chatter I would hear and I have chalked it off to fear porn. My common sense says I have seen for myself pure evil over and over worse and worse. I through this foreclosure process could see they can get away with anything they want. Kennedy, breitbart, scalia man this is getting freaky.
Exactly ldynps as we’ve talked about and has been my mantra to stay out of court trap. But was only option but it’s even worse than forgeries law is ignored and in my case completely wrong information on purported verification of debt. I also have issue of local government ignoring law and fraud ON THEM. So that’s going to be Main attack next couple of weeks and worst case will enforce TILA, sue for fraud after eviction if necessary.
Pal
February 15, 2016 at 1:28 PM
The local municipality is in on it. They are the front lines. The local yokel brokers (these are all connected to the local brotherhood of men in cahoots) are all tending to the vultures in the coops and preparing their meals your sanity and your money is their food. I have heard the same story over and over brokers grinding clients into foreclosure. Not selling getting them desperate to short sell, not showing, blowing deals out. Then sweeping your house up to feed the dragons. For shits and giggles look up any one you suspect locally of being in on it. Look up their public record and you will see a bizarre flurry of mortgage activities that are abnormal, heloc, discharge, mortgage, mortgage cancelled over and over every 30 days. Then you will see no activity after certain dates on all of them.
lms53
February 15, 2016 at 1:37 PM
Yes all the local municipalities are involved with the fraud. Blackstone wants to make everyone a renter and the need to steal homes in order to rent them. Blackstone and jp Morgan Chase alive and well in broward county Florida. D/b/a invitational homes where blackstone owns 100s of homes here and chase is holding the mortgage. Rents are outrageous.
BOBBI SWANN
February 15, 2016 at 1:53 PM
@ PAL – what ‘brokers’ are you referring to in your post? Surely you don’t think that Real Estate Brokers or Mortgage Brokers have anything to do with this? Real Estate brokers only come in the picture once a lender has taken title and want to sell the property as a REO. Every lender out there utilizes a real estate firm to handle and dispose of REO properties. There are a multitude of real estate investors with cash who are purchasing these properties but that’s only AFTER the foreclosure sale and subsequent transfer of title. It is rare that an investor actually wins a bid on a foreclosure sale but more often will purchase them once the lender has title and put the property on the market. There’s only two evils to what happened in the financial crisis – Wall Street and the Banks, especially the ones labeled TBTF. Everybody else was at the tail of the snake and it’s the head (Wall Street/Banks) that needed to be chopped off. To this day, none of them have been held accountable and again, I say, we need a stronger presence in white house that will not be indebted to these SUPER PACs and go after them.
Look I have this 1099c I or even we really have no clue what the hell it is. No explanation just a form saying I owe. Google doesnt know, court info, threads. I have no idea what it is. Am I done with this disease? Did the house sell, no record saying it did. I can call my lawyer who ripped me off, he wont know or tell me. The feeling of how insignificant we the slaves are is achingly apparent.
In CA not even done w unlawful detainer and sent 1099 for amount it went back to the bank. Doesn’t seem to make sense as purported deficiency of foreclosure sale amount or if tgere was actual sale.
@ Hammertime – CA is a deed of trust state so you don’t have the same judicial proceedings like Florida or New Jersey so the process of a deficiency judgement is totally different. My own personal opinion, those states such as yours (CA) took away most of the rights of homeowners when they became Trust states wherein the appointed Trustee takes possession. You really have no say so in court in those states. The process of foreclosure is so open to fraud in states of Mortgage Trusts ( Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia). What you got you can’t compare to what someone else got in a mortgage state like NJ or Florida.
Hammertime
February 15, 2016 at 1:02 PM
I agree. After going through UD court we also have seem to have own version of rocket docket. Fraudulent / illegal sale after fraudulent transfer and violation of TILA rescission. 1099 purported amount is equal to what they claim it went for back to them at auction. My understanding was deficiency was difference between total disputed debt, foreclosure lsale amount , minus sale amount. Could be different if goes back to bank, REO?
@ Hammertime – All I can say (for Florida) is that deficiency occurs when title is passed from the (defaulted) borrower to the new owner at the foreclosure sale. This could be the original lender (which would be a REO) or to an outside entity. Either way, once the court determines the Judgment of Foreclosure, which sets forth the final amount owned to the lender, and the sale amount, if the difference is negative, that amount is the deficiency balance. Pretty simple here in Florida. REO or outside sale, it makes no difference. Anybody can bid on a foreclosure sale but more often than not, the lender will outbid everybody, hold on to the property until the market moves upwards, and then sell it later to recoup a higher percentage against the loss.
Thanks for response. The bizarre thing not that anything shocks me with the scam of all this. Not one public record of a sale whatsoever. Not a cancellation nothing anywhere. If its sold it is completely hidden from public record. Even searching block and lot no new owner listed no real estate transfer. The layers of this fraud and process has been utterly frightening. We the people have been destroyed and I cannot even imagine whats coming next. I mean nuclear power has a massive leak in NY right now and its not even a major headline. God help us.
@ Pal – I found this time frame for NJ:
Deficiency judgments are allowed in New Jersey, but not in the foreclosure action itself. To obtain a deficiency judgment, the lender must file a separate lawsuit within three months after the foreclosure sale or, if confirmation of the sale is required, from the date of the confirmation of the sale (N.J. Stat. Ann. §§ 2A: 50-1 through 2A:50-2.1).
Pal
February 15, 2016 at 11:48 AM
Is it fact if i get 1099c that means the house was sold. This would also mean they got big money for the house. I was asking 40k less than them if sold. Way over assessment they got. It just doesnt fit. Could the 1099c be for something else? If it is a deficiency its under 20k? So i guess i should celebrate I am only a lil crushed? I would be grateful to be done but saddened by the state of affairs going on.
@ PAL – if the house was slated for a foreclosure sale, it is usually open for the highest bid and not made upon the market value or even the assessed value of the property. Just because your may have sold it less than what they set up for auction does not mean they started the bidding at that price. If the house was underwater the couldn’t even start the bidding at the loan balance amount. Whatever the dollar amount of that 1099 is what the shortage would have been from the principal balance outstanding. And remember, that ALL costs associated with the foreclosure plus interest gets added back to the loan. In some cases, that could be upwards of $35K added. Attorneys fees representing the lender are added to that principal balance as wells inspection fees, taxes or insurances, preservation fees. It is very profitable for attorneys representing plaintiffs….Big bucks! And with the 1099’s it is usually YOU that pays that bill.
Pal
February 15, 2016 at 12:46 PM
We are all slaves, does anybody have any common sense left. Are we doomed or what? Russia says one saudi troop sets foot in Syria WW3. What is happening the whole world is falling off the cliff.
I also received a 1099 and got it from Specialized Loan Servicing… For 45K.. I have no Idea what this is for…. what loan… could it be for taxes that they paid out of escrow?
If you received a 1099 from the lender it is due to two reasons: 1)you sold a home on a short sale and didn’t get the deficiency judgement provision deleted or 2) you had a foreclosure and this is the balance between what the home sold for and the outstanding balance due on the mortgage. Either way, it is the deficiency balance. If you sold the home on a short sale you should have negotiated with the lender to cancel the deficiency balance. In a foreclosure, you have no means to do so unless you signed a Deed in Lieu of Foreclosure. Now, that amount is reported as “income” to the IRS for which you will pay income taxes.
@ Bob Toerner – if there has been no sale then was there a 2nd mortgage on the property? A lot of times if there is no equity position from the first mortgage the 2nd mortgage holder will just extinguish the 2nd mortgage, cancel it from the record and send you a 1099. The other possibility is if you had a credit card that went into default; they took you to court and got a judgment. After a period of time if they cannot collect on the judgment, they can issue you a 1099 and cancel the judgment on public record. Other than that, I have no other clues as to why you would receive it. Was it from your actual mortgage lender?
Yes… it was from the lender on my house..Specialized Loan servicer… . it seems that if it was a credit card or from a servicer of my second that it would not be from the same servicer as my main mortgage. Does that make sense. I tried to call them at SLS and I kept getting passed to other departments then disconnected.
Bob – Stop with the phone calls. They do absolutely no good and you have no proof of such communication. You need to write the lender a letter demanding an explanation for the 1099 and in fact, requesting a mortgage/forensic audit of your file. They are required to respond when put in writing, not a verbal request or inquiry on the phone. Send the letter with verification of delivery/receipt.
bampaw
February 15, 2016 at 6:51 PM
Also known as a ‘Qualified Written Request’. This has a time limit for response from a lender, I believe it is 20 days ( I am probably wrong – but there is a limit). Try it. Legally it will give you a better standing.
Tx for responses appreciate you guys so much. So since my last post I received a 1099c cancellation of debt from the bank. Under 20k. Can any one confirm what this is? Is this the deficiency from a sale?
….sounds like they wrote off your balance and aren’t holding you liable for the debt…the 1099 shows the IRS you received the equivalent of the balance shown as income to YOU in the form of debt relief or debt forgiveness.
You need a tax accountant to tell you if you have to pay income tax on the amount they ‘gave’ you, or if and how you can get out of paying taxes on the amount.
I am in very desperate need of an attorney. I have filed suit but need help. I’m in the Dallas area does anyone have any knowledge or recommendations for Texas attorneys. Thanks so much!!
When I do my Due Dilligence, I search my states Appellate Court decisions for attorneys who have represented parties against the party I am going against, and then do the same thing in my local jurisdiction. I prefer Appellate attorneys since they know the parties and law better and are a great source to find who’s good and who to stay away from.
You need a LITIGATING attorney with lots of trial experience and success …..
….another way to is search current open and recently closed cases…that way you can actually SEE the paperwork they file and how they do in Law and Motion hearings.
Another technique I use is asking trial attorneys, including criminal attorneys, who they know who might be good with my specific circumstances. I also search legal indistry news stories and all the articles prospective attorneys have written, and spoken to others they have represented.
I have found relatively few spectacularly qualified attorneys, and usually decide that if I might lose I’d prefer to do it myself and not lose my money as well as the matter, and found that when representing myself, I use the same techniques to research the judge in my matter, and attend numerous hearings and trials to get to know them, and try to learn how they specifically think and rule, and set them up to make mistakes I could take to appeal if I don’t get what I want.
Using the above, I got my second mortgage removed from my property and the court order the bank to pay me over $20,000 for possible income tax expense, and had my foreclosure judge on my first mortgage order the lender to modify my mortgage…indicating she would throw my mortgage out if they brought it to trial.
Thank you bobbi, I am in nj. In my case record says Fannie Mae owns it, for $100.00. The only time frame I found is 90 days after they sell it, they have that 90 days to file deficiency. The thing is can’t find anything that says if the bank holds it for years they have any time limit. So rebuild and it’s still monkey on my back when just want to cleanse from the whole dirty process. Once a slave always a slave.
In my opinion, as I lost 2 homes through this crime, if the home is empty and no sale, file a lawsuit against the bank that stole it from you for Fraudulent Foreclosure! It turns you into the Plaintiffs position and the fact that it is not for sale could be because they haven’t forged documents to create a note…..Sue them to get your home returned!
The toll of corruption faced already for over 4 years the bank, my lawyer, bank lawyer, judge. It was clear it was all an act all in cahoots and in on it. I am convinced just entering that place is a waste of time unĺess I had some good supernatural power like they have with their evil. I had a case blatant forged documents. So really trying to hedge against being on the hook for this place after I rebuild my life down the road.
BOBBI SWANN
February 1, 2016 at 1:35 PM
Once the lender forecloses on a property the court sets a foreclosure auction date which is usually scheduled 60 days after the final hearing of the foreclosure. If the lender buys it at the auction, the court issues a Certificate of Title and title to the property is then reverted to the bank’s name. If another party purchases the property at the auction, then the property gets transferred into that buyer’s name. Either way, there is no real time frame in which the buyer of the auctioned property must put the property up for sale. In a foreclosure, the lender has the right to file for a deficiency judgment against the original debtor if the property that was sold at auction, whether by them or another party, was not sufficient to cover the outstanding balance due from the foreclosure. I am not sure of the time frame in your state as to how long a lender can sue for the deficiency but in the state of Florida it was recently reduced from 5 years to 1 year.
My mortgage company stopped taking payments from me when I informed them of my fathers passing …. I was not on the loan …. I even have three checks that they returned to me saying the account had been suspended…… I kept thinking this is so wrong it has to work itself out but to no avail…… by their refusal to accept payments they forced me into forclosure is this legal?
Can anyone answer this. After the bank takes possession and the case is complete, the Sheriff Sale takes place and the bank/Fannie takes back the property. The house sits there and they never sell it or put it on the market. Are we still liable for delinquency? Is there some time limit on that? What if 5 years from now the bank never sells it? Is it normal for them not to get it on the market? Why are they holding it, its a nice house and other homes are selling? In my case they even made repairs on it I see, but no activity whatsoever, transfers, auctions, listings etc on it out there at all, nothing! Its in NJ
I realize once they sell it they have 3 months to come after your for deficiency, which I hear is rare. Its like a disease that never dies if they can come after you years later and garnish or whatever schemes these scumbags have. Anyone in this boat? Would like some thoughts and opinions or new scheme they are plotting. Has anyone from early days had them come after you?
Am currently suing Wells Fargo and Assurant. I seem to be unique in that so far I seem to be the only person that had their insurance tied into the escrow account. Wells Fargo failed to make my insurance payment themselves and it was cancelled. I called after which they reinstated it. They again failed to make the payment and it was again cancelled. I again called and they again reinstated it. The very next day they cancelled my insurance for “underwriting reasons” and started forced placed insurance, but did not notify me for 9 months at which time they sent me a large bill for the back time.
I have defeated summary judgement and also motions to dismiss by both parties and motions to sever from Assurant. A tentative settlement offer was made which I refused. If anyone knows of any legal cases in which the mortgage company itself failed to make the required payments which can help, please let me know. Most with forced placed insurance are fighting because they let their insurance lapse and inflated insurance was placed. I can’t seem to find any cases in which the bank itself canceled the homeowners insurance just to put forced place insurance into effect as they did in mine.
Steven,
David Lee Ham v. Nationstar, 1D14-4024, Florida 1DCA, decided 05/12/2015.
He had a foreclosure where it was brought about by (illegally placed) force placed insurance. He refused to pay the additional premium beyond the original premium, which Ham was current on (loan was on adjacent structure to his primary home, and while it wasn’t included in his escrow insurance on his primary property, he did have a policy, w/the proper PLP on the policy, covering the subject property, but THEY didn’t think it sufficient, and they force placed an Additional Policy and thereby the party began.
What they didn’t know was that Mr Ham was an attorney.
He prevailed, in the end, on appeal. Reversed and remanded with instruction for involuntary dismissal. Currently tying Nationstar in KNOTS in the Florida Middle District Federal Court.
(& Nationstar was preceded by Aurora, not WF, although WF was cited and CONFESSED to that which You allege in 49 Attorneys’ General v. BoA, N. A.,et al, settled, 2012. They (WF, WFHM, & WFHLServicing, Inc.) all Swore they wouldn’t ‘do it again’, although it sounds like they never stopped, in Your case?
Hoping this helps, I’m sure there are more, hundreds if not thousands of victims when applied nationwide, where the Lender/servicer force placed an insurance policy, & thereafter sought foreclosure?
-Mick
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Well I just found out from my attorney that I don’t get anything. I guess the contincetcy in my contract with them was 10 percent of what the foreclosure suit was for. What I don’t understand isn’t the contingentsy part of the legal fees or cost ? Also what about damages I guess I need to find an attorney that will take a percentage of what they can recover. If that’s even possible. Any ideas from anyone ?
It’s been so long since I signed the contract with my attorney I didn’t remember that the contingency also covered any fees they collected up to 10 percent of the foreclosure suit. Still I think that should be considered fees it cost because now I get nothing. I’m als thinking maybe I should try and find an attorney that would go after damages and still try and get my money back. Is that possible ? I haven’t signed off on anything
They are a bunch of clowns!! Don’t even know how to properly draft a deed, let alone defend a client from the wrath of corruption. Wasting your money. JMO.
TonyP
December 29, 2015 at 1:17 PM
LOL. Thanks. Just hear them bragging / posting about the foreclosure cases they are winning all over Florida.
I went to them back in 08 and they wanted my first born to defend me. Seriously, they wanted a percentage of any loan reduction and for me to sign a sign a second note for it and a monthly fee. That was back in 08 when a lot of homeowners were being taken advantage of by lawyers, so i doubt if they are still doing that now.
However, they have been winning a lot of foreclosure cases and appeals lately. I know that for sure.
Kent
December 31, 2015 at 8:16 AM
Well I was just notified by my attorney that they settled the legal fees and cost to satisfy my contingentcy It wasn’t even half of what I spent over the last seven years Do I have to accept the settlement ? Oh and by the way they didn’t win the case the bank took a voluntary dismissal
Mick
December 31, 2015 at 8:54 AM
Kent,
You NEVER Have to accept a ‘settlement’, however, You do need to keep in mind that IF You choose NOT to accept, You’re still on the hook (at least for the time being), for ALL that You already paid. IF getting HALF of that back is viewed as better than a sharp stick in the eye, on the day when we try to reconcile at least the Last Year (if not the last 7 in Your case?), it’s Totally Your Call? They (plaintiff’s counsel) MAY counter again w/a different offer, however even the COURTS don’t like when ‘legitimate’ settlements are refused and the Court is required to enter again in to the case to make determinations for the parties.
IF You had a gr8 Judge, perhaps You’ll get it all? If You had an unreasonable (aka former Bank Lawyer or former Bank EMPLOYEE) JUDGE, You may well walk away w/zip/nada/zilch shy an APPEAL on the issue?
I know it SUCKS (just went through almost the exact same thing w/a recent settlement where we accepted 1/6th of ACTUAL Losses for the last 5 years, & definitely not what EITHER Party was happy with, after a 6 hour mediation, however the alternative was at LEAST another 2 YEARS of continued litigation? I wanted it over apparently nearly as badly as they did…& they stroked a check for larger than any other this year statewide, so those bragging rights are also better than that ‘sharp stick in the eye’, whether now or later, and NOW is always better), but then again, You do realize You get to throw MORE Money in a Potential Hole when You decline the settlement offer, AND You get NOTHING until after the Court either Decides in Your Favor (which IS Likely since they voluntarily dismissed), however including an appeal if the Court didn’t go Your way, it’s another 1-1.5 years and tons MORE Fees to prevail at the appellate level? Do YOU really want to go there?
Again, I Can Relate (better than most) Right Now, & personally think a CHECK to start the new year versus a BILL isn’t a ‘sharp stick in the eye’. Remember that settlements aren’t about Your “Satisfaction”…as our mediator said: “Everybody leaves the mediation hating me….but it IS OVER, and while You think You deserved MORE, they think they should have paid LESS, and nobody’s happy, but afterward, ultimately, everybody’s glad it’s over, and it IS Over.” <–direct quote. 6 hours later, he was right. You can Always Use Your check to secure new counsel.
HTH,
The bank took a voluntary dismissal without prejudice after almost 7 years We have filed a motion for attorney fees and cost back in October and my attorney just told me yesterday that they filed a motion to deny us. Now my attorney informs me that they are going to cease taking out my monthly payment. Not sure what that means
once a case is dismissed, you do not have to pay the lawyer again until the bank refiles for a new foreclosure. some folks pay a retainer then a monthly payment, and some folks pay One price for the entire year. just depends on the law firm. voluntary dismissal without prejudice means they can come back and file a new suit. what we need to all find are lawyers to counter sue the banks. would love a class action. i know does not pay alot but i feel with more individuals involved it has more teeth. i feel like each one of us alone fighting our own horrors is not getting anywhere. when cases are dismissed without prejudice whether granted by judge or voluntary that means the suit should not have been filed in the 1st place and we should be awarded lawyer fee’s
true, I called evan rosen, not taking on new clients. ice firm if you like the young and inexperienced. these foreclosure firms that have expanded since the crisis, I would be leary of. most want to drag it out to collect monthly fee(to pay for their firms expansion of employees and locations), meantime you the victim are getting deeper in the hole with the bank. I been fighting going on 7 yrs, 3 lousy lawyers that did absolutely nothing except help the bank to put me deeper in debt. the lawyers don’t want to do the real work that needs to be done. Forget the game of who owns the note and if you want to stay, pay. work out a plan if possible but as in my case maybe impossible. went to ice firm to get judgement reversed. I was told they could not do anything for me when it was more like they did not want to do anything for me. im just saying think about your situation before you get attorney involved. if you looking for stall then a lawyer is probable for you but if you want to stay and can get a REASONABLE payment plan from bank then you will be better off. Good Luck to all and Happy Holidays!
There certainly are others, depending on Your location, however I’ll second Mike Wayslik, as he was sitting second chair at the Bartram Oral Arguments in front of the FLSC last month. Heard nothing but good about this guy.
Evan Rosen is pretty awesome (in Hollywood) and Thomas Ice in Miami as well. Have no professional relationship w/any of the 3 [yet].
HTH,
-Mick
Can I ask a stupid question??Why wont anyone get back to me on the procedure for actually printing the depo of Erica Seck?And do we log into this site??Im confused,,,is the passord I created for the paypal they made us use to but the membership??
Hello, Posting from San Diego California. Currently I am representing myself in San Diego Civil Superior Court. I was represented by 2 separate Attornney’s at different times. Our 1st attorney was dissbarred after filing our case, our 2nd attorney at his request was removed as councel due to me running out of funds and his office to small to go up againts a large law firm. This happened right before the trial. Our trial took place in January 2015, but my ability to perform on the day of trial due to my health. But we proceeded through the day. I did not submit my evidence although I have it. I have epilepsy and other neurological disorder and my thought process and ability to speak stopped. I am the Plainteff in the case and had been waiting for my day in court and I failed, sadly.
The case is still pending at “pre-Judgment” status. Defendants filed a Notice of Entry of Judgement or Order October 2, 2015. For attorney fees.
The case overview was for Foreclosure and eviction proceedings 1)breach of contract 2)fraud 3) wrongful foreclosure 4) identity theft 5)intentional infliction of emotional distress.
_____________________________
The day after trial the court had a “Minute Order” titled “Tentative Decision Following Bench Trail” Reads as follows:
At the conclusion of plaintiffs case in chief on the Jan 6, 2015 defendants made a motion for judgment pursuant to CCP section 631.8. A motion under section 631.8 is the bench trial analog of a motion under CCP section 581c(a) in a jury trial. Such a motion may only be granted if the court finds, after considering all the evidence presented by plaintiff, that plaintiff has not carried her burden of proof as to at least one element of each cause of action presented for decision. A motion under section 631.8 shortens the trial by dispensing with the need for the moving party to present evidence. Heap v. GeneralMotors Corp., 66 Cal. App. 3d 824, 829 (1977). In ruling on such a motion, the court is entitled to weigh the evidence, and may disbelieve witnesses. Greening v. General Air-Conditioning Corp., 233 Cal. App.2d 545, 550 (1965); Roth v. Parker, 57 Cal. App. 4th 542, 550 (1977). The court is also entitled to draw conclusions that are at odds with expert opinion. County of Ventura v. Marcus, 139 Cal. App. 3d 612, 617 (1983). A motionunder section 631.8 may be granted as to some, but not all, issues. Swanson v. Skiff, 92 Cal. App. 3d 805, 810 (1979). When the court grants such a motion, it must thereafter follow the procedures required by CCP section 642 and CRC 3.1590.
This is the courts tentative decision in accordance with CCP section 632 and CRC 3.1590. The tatntative decision will become the Statement of Decision (SOD) unless either party takes the steps called for in CRC 3.1590. In this event the court designates Defendants attorney to prompltly prepare the SOD. It must incorporate this tentative decision in Haec verba (although the SOD may go beyond the TD. Plaintiffs take nothing on the SAC.
__________________________
Presently, I have scheduled an Ex-Parte hearing with the Judge for Tues. Morning December 8th. I noticed this past week, after reading the tentitive decision hundreds of time over and over there is an administrative error of the date of the contract. It reads on March 2009, plaintiffs entered in to a written agreement with defendants to modify the 2nd mortgage. The correct date should read on MARCH 2010. Reflectiong the correct date would explain to the court why I was unaware of the foreclosue that took place May 7, 2010. Our modification agrement was signed notorized in March, returned to the 2nd lienholder 1st of April, and May 1st 2010 the modification went in to effect. We were blindsided when the 2nd lienholder foreclosed. Never did I live in my home for free, I paid the 2nd lienholder throughout the approval period and was current on my 1st loan. I was shocked.
Additionally, I want to be able to submitt my evidence to the court?
Thank you so much to everyone that takes time to read my post! This has been an eye opening experiance. I feel my case shold not be ignored due to technicality, as our court should partake in a game knowing I would fail horribly because of me reprensenting myself. There is definate bias in the court system to those of us without attorneys. Trust me I tried to find legal assistance but it is difficult for an attorney to step in, so late in the game.
Take care!
have to watch those dates Lisa, the further back they can date summons, anything to show that you appear to not have been paying for a longer period. It makes us the defendants look worse and more “deadbeat”. going thru that myself. Get your evidence in front of the judge asap. I am working on same.
Courts are mathamatical machines of sort…they follow what is presented to them and spit out a conclusion based on what they had in front of them…obviously you did not do a good enough job and withheld what evidence you had from the court…you must seek co mpetent licensed advice from someone who knows this judge and courthouse to decide what few options you may have…
If I were you, I’d try to reopen the matter and set aside the decision for cause… and try to get the court to rehear the matter on the grounds you have a handicap that the court did not take into consideration and you need more time to adequately have competent legal counsel appear for you.
After loosing 2 homes to absolute fraud, the only way to put an end to all these fraudulent foreclosures is to demand that LOBBYING is put out of business because it’s bribery of all sorts of our public officials who are allowing the banks to steal our homes….if the illegal actions of bribery is to end, it must end with closing down K-Street in Washington. I believe with my entire heart and soul that if this were to happen immediately, EVERYTHING would change and Courts would do what they are supposed to be doing…protecting American citizens from fraud….it’s a better direction then continuing in this game plan of corrupt Attorney’s, Judges and court system…we can’t win if we play by their corrupt rules….try another direction with a petition to close down the illegal business of LOBBYING….just my thought this horrible morning after yet another shooting on American streets!!!
Bobbi maybe solutions for some but my loan mod is 45% of my income with 150k on the backside they want to add to and when I sign be declared as principal. Not sustainable for me. I’m sure I will be one of those stats probably on the short sale end. I was told today that living without
Health insurance was less important than paying the mtg. Well if I agree to this mod I will soon be 6 foot under I don’t know where he got his stats from but they seem minimal
BOBBI SWANN
December 2, 2015 at 12:01 AM
EXACTLY!! Hope Now is funded by Fannie & Freddie (surprise to some). For them to inflate such figures makes them look more and more like the Good Guys. Hope Now was supposed to help those in need under the threat of foreclosure – so do you see the how ridiculous that is?! Does anybody really think that Fannie & Freddie are going to support an agency to FIGHT AGAINST THEM? That’s why this article just made my blood boil as I know that most of this is just media hype. I urge anyone to read this article and let the author know YOUR statistics. You don’t need a microphone to be heard anymore!
Improving housing market. That’s a joke. I’ve noticed a slowdown lately don’t know if bc of the anticipation of rising int rates and prices climbing but both I’m sure another Obama facade to make him look good
yes agree hammertime, 1st mod said JPMC as successor to WAMU. never quite got that one! they really do not know which end is up. also saw a MERS corp signature on their financial affidavit of monies owed. definitely bogus looking paperwork, writing on both sides of paper, looked totally fabricated and the notary seal. I have seen several different seals for notaries in ohio, I question authenticity of financial affidavit. im sure the note was passed, only one endorsement though. also missing a couple of payments on their transaction record and I have proof of every payment I ever made to chase as whatever they are supposed to be.
Hi lms so u have them stumbling 4 different times so how do u know who is “Chase”? In court at least say purported lender called “Chase”. On each transfer, refi, server change is their a valid transaction? It’s important to be clear but if ur starting point is it IS a Chase loan OR even a loan they can keep stumbling and getting do overs. Chop off the head of the snake!
Hi Hammer yes I saw Garfields post today.working on deciphering it but still there is no proof of multiple proofs of ownership other than the different lender names they have modified me under 4 to date which is still a valid stand. they just cant get it together can they? I am going to make them stumble on their words. but first I have to make sure I don’t stumble on my own.
Great posts Trev, lms but too many people lost everything and didn’t get the girl this is a much bigger fight. For me it’s love and truth in Jesus’ name no matter what the end result. So u fight on or don’t with the truth
And here Garfield again gets down to the basics everyone needs to get. Lms this has ur name written all over it and can get u to quit calling ur loan a Chase loan.
the Lord & his angels….’they’ work in mysterious ways…you are exactly where you need to be… repeat….you are exactly where you need to be.
guilt…its like the skunk smell…even a little on ya…and ppppeeew…stay pure…look around…the good guys/gal win…the honest ones…the cheats get hung…hang em high….let em swing….in law enforcement ideology….we call it deterent theory. the ol skull on pole warning….very effective. sun tzu
you know trev, those that are sworn to uphold the law, not manipulate mind you. the python needs to swallow them whole. I really don’t see how they live with themselves, taught one way but live the complete opposite. I would not want to be in their python trailing shoes for anything. I guess that explains some of the jumpers, I would not want to live with myself either. we hanging strong Trev because we got the truth.
lms… i hear you LOUD n clear… I have answered nature’s call in Tanzania….in the very rugged bush…w lions roaring…not a zoo mind you…and just the thought of a 16′ black mamba travelling 35 mph on 1/3 of its body….just to tell me i’m now ‘ON’ the food chain….it was a very fast P…. i ‘get it’.
pythons in the courts….perfect visual. get in…get awarded…get out!!!
here’s the deal….. there was an intervention in the dark ones’ BIG agenda…. think of it like this….at just the split second that ‘satan & his minions’ thought they had it in the bag….it went through the bottom of the net….tore a whole the size of rhode island in it…. nearly gave the Pope a ♡ attack….and knocked humanity on its arse….. some dark ones have gotten up….most will never….they’re done….dark HATES light…..
think of Oz…’I’m meltinggg…..’ & that ‘they’ are. amen. Not a day too soon.
With that said….there will be no ww iii….no FEMA camps…. no American Holocaust….I know it f.e.e.l.s otherwise but stand strong….remain ultra vigilant….we have help from above….litterally. hold on!!! keep the faith as Billy Joel might say.
FL….ah yes….another Rep. snake infested ‘thou art worthless lest you have millions and look…drive….make deposits…like us States’….I know the type (s) far too well….
ID…its missing-a-few-helix proteins cousin…
Those robbing you et al…. will be held to atone…that much is real….foreseeable and worth mentioning. When…how much…which court….those are not entirely known….in the works. Use CFPB for reporting….papertrail….etc…. file Qui Tam… remove the attorney X factor…. they all suck…too much ego…too unpredictable.
Many Judges & Law Enforcement Elite….bless their overburdened souls…are starting to ‘come to’….and you will see a war for justice mounting….the snake….to use your metaphor has begun to eat its own tail….let it. Good ones will fight for the light soon….once it s
i
N
k
s
in…
You….stay optimistic….informed…aware…find your path out of hell w a settlement amount that will allow you a fresh start….FL in 5-10 years will be a reef….so the joke is actually on the corrupt Corps. The Blackstone Groups or whomever…..their stolen goods will be sunk like lost treasure by tide shifts sooner than you are being told….and that too is by design. So plan on an exodus but get paid first….then exit stage left….
Good Luck x3…you’re not alone and no….the dark ones never go wo a fight….and oh boy…they got one coming…. they brought it upon themselves. The Big Bully got his horns handed to him….just before being tossed from the rooftop. Splat. No tears from me….maybe i did it…maybe i didn’t….????
Enjoy the show….if you’re still standing (and you are) you’re a winner in my book.
Hi Trev, I am in 80-90 degrees of hell florida, would trade for the cold in a minute, pythons larger than life here and in the courts too, mosquitoes sneak and bite you all year long, much like the court system here, corruptness abounds here. the devil is taking over everywhere
Yes keep making complaints and would be good to see what Trevor has w CFPB. The timing is now to put the pressure on. I’m putting together way to bring info on cases like ours and coordinate complaints and possible campaigns. Again whether they respond or not let’s get them on the record and not let them use us when thry say they’re against Wall St and for Main St bs.
CFPB…. Dennis K…. Elizabeth W…. two indiv. I respect…. from afar. I say this bc. Ws I type this I to be clear…I am not mad at them….I am however VERY disappointed in their approach to ‘settlement’. I do not think my expectations were too high….if anything…they were too low. Here’s the skieewnny….
CFPB throws around massive judgment figures…. $100m here… $2.125b there…they sound so serious on the phone….’you have ONE chance to claim w us…..is your file complete….blah…blah’.
They are SUPER at process….but when you go through it….they are NOT there to make you whole….hardly. And for me….I waited years for them…so the letdown sucked. Think antartica….you hear supplies & icebreaker are coming….you hold on…hold out….the what arrives is a can of soup and a photo of an ice breaker….more of another slap in the face than anything else….another WASTE of an opportunity to get it right…..like if the cops chasing the crooks who just robbed you of house n home….not robbed your house..no….STOLE…the whole gd house n the equity you had in it….as if those law enforcement personell had squirt guns….like watching them in a shootout w squirtguns…
CFPB led me to believe they were formed to make crime victims whole…..hardly the case Ocwen’s $125 million in penalties ÷ 400,000 crime victims…well….i was fighting for $350 or a mobths worth of groceries….
To hell w them… I lost $350,000 and my neighbors (whom I adored)…my community…my credit….my safety….my dog’s safety…nearly 10 yrs of stress….
Fraud is fraud…so now I am going after Ocwen’s CEO + BoD…. w a limited CA…100 max… I am foreclosing on them…
Karma is circular. Want more play-by-play? Reach out 208.703.9525 mst.
or trevor.hitchin@gmail.com
Yeah….read the fine print….
huge figues ÷ huge figures = tiny figures.
Figures. I’m going Qui Tam…. straight to the ♡ of the FRAUD ON THE COURTS.
Boise should be listed as #1 city for corruption & fraud… the Mayor’s brother was my judge in my other loss….Christopher Bieter.. . . the deadbeat didn’t even show to Court. … !!!
Awarded FretLife Summary Judgement…..I helped take them out…w help from Dept. of Comptroller….out of Texas.
Now I have to report the db Judge & the sleazy female attorney MetLife hired to molest our Courts….to FBI….DoJ….Idaho Bar. Bar Council…. I’d rather be bird hunting w my father & Ithaca…. total time suck…. just like the FRAUD Mayor Bieter & his Brother allow…. stay tuned…. my team will chew up this filth…will be victorious….will do it w truth & style….so that IT WILL NEVER HAPPEN AGAIN to anyone in Idaho…. they will be brought to the light so to speak.
If you are going to rob/rape someone….it may help to know exactly WHO you are stealing from. My team….ww….ooooooh….they are v. V. angry w the corruption in Boise….Mormons are not used to being called out. . . Catholics either for that matter.
I am neither…..just a believer….a believer in truth & justice……you know….
‘The American Way’.
Our last Mayor went to jail. It may happen again. …. who knows. Rotten I tell ya….
Hope this helps connect some *not all* of the . . . . . . s
17′ degrees in hell….as I send this.
brrrrrr.
¡todos!
CPWBTDHK
777
Trev
November 29, 2015 at 9:22 PM
….and sorry for the typos…no feeling in my fingertips….typing on a phone…the pain meter is high today….very upsetting topic.
cfpb…. waste of high hopes.
Peace all. Still my trailer *rental* is warm n dry.. plenty to be thankful for. plenty!
lms… no. As of today I have lost all confidence in cfpb… waited years…weak cavalry….worthless…spineless…gummers…i need fangs at this point…so follow my tweets ‘Indigobro’.
I have invited others to join….limited class action (100) and will wait for anyone who wants to join….Idaho Courts are ROTTEN…so it is my hope my ‘Qui Tam’ claims…. will ring some bells here, there, everywhere…
MetLife Home Loans CA #1
Ocwen + predecessors CA#2
(Am home mort…. Homward…Ocwen)
also invited MKULTRA survivors into a third limited CA#3…
It is my hope this will protect us from sleazy db lawyers….and will stab the ♡ of this hydra beast…. 1nce&4ALL… or for 100 of us at least.
Targeting May 1 for filing in Ada County w DoJ & FBI copied on everything.
If they don’t ‘get it’ by then….they never will… god help us all at that point.
I’ve done my part & then some….& then some more…. nobody likes a quitter. 😉
My case has been voluntary dismissal but I know they are going to refile. Now if the FSC won’t let them restart the statue of limitations they can’t refile I guess it will be a couple of months before we know on that ruling
I am speaking to my congress person. I am going to let her know that this foreclosure crisis is far from over and let her know about my personal dealings with the bank. don’t know if it will do any good.
I cant believe the judge keeps letting them reset hearing. obviously they cannot prove ownership. I would motion to dismiss, its enough already. these courts are just determined to give them multiple chances to steal the home. on the affidavit of amts due and owing, it is checked that chase is the servicer and holds the note, yet they want to claim fannie mae is holder
Two things about that. The AG in Florida negotiated a nice settlement for the state and if she were to try and help us little guys it further her political career
why would a MERS person sign the affidavit of amts due an owing if there is no evidence that MERS had anything to do with the loan. anyone ever seen what a ohio notary seal looks like. I don’t believe this Kimberly mcclanethan was authorized to sign.
Yeah Hammer I agree. I believe that when Ronald Wolfe was acquired by Brock and Scott that they reviewed my case and wanted nothing to do with and they dismissed it. However Chase has now Hired Shapiro and Fishman. About 2 weeks ago I got a debt validation letter from the and told me I had 30 days to respond. My old case was reopened. Y my attorney to get legal fees and cost reimbursement to me. So if they had done their homework before they sent that letter they would know they can’t do anything til all pending motions have been ruled on
I never heard of JPMC specialty. that’s a new one, but they are under the same umbrella. but don’t know anything about corporations. seems if the note was assigned to someone else, they should be the one initiating the fc. what does the judge say so far about the dates and the owner of note/mtg
We had 2 trial dates set this past Nune and was cancelled They have also claimed they could provide the original note at anytime which they can’t. They didn’t attach an alonge with the complaint or any transfer of instrument to prove standing either There are so many holes in my case that I understand why this hasent been put to rest
Yeah Chase claims my note was lost or destroyed anywhere from 2006-2009. 2009 is when they got an assignement from Citibank. My foreclosure suit started in May of 2009 filed by JPMC SPECIALTY MORTGAGE LLC. JPMC didn’t have an assignment til November of 2009 They claim it’s the same company but if you know anything about corporations JPMC is t the same company as Chase. I’m reasonably sure Chase is an s corporation
that’s right hammer, so they could further steal our property rights. AG in fl not very helpful. go to her website about mortgage fraud and it says beware of people trying to commit fraud to help you with your home, big whoop. never talks about the too big to fail banks. they are the worst ones.
The Republican Congress and corporate Democrats didn’t want any regulation or settlements so the AGs had to fight to allow us private action on guidelines violations. So u or ur lawyers have to make the case. Did u state violations and were ignored? Could be another mark against judge, court. I’m being railroaded, fighting bias as I’ve submitted multiple estimates, requests gone through multiple inspections while tenants were turned against me and funds not released so I could stabilize and move forward. So this is all gravy! At same time fighting Chase /PennyMac w one hand.
that’s the thing, shouldn’t these settlements, class actions, and whatever else we have been a part of and believe me I have been a part of them all. should they not trump the local court. chase clearly breached me and there was a class action with 5-7 states involved but it has never been brought up to the judge in the local court. it actually helps to prove my case and I fully intend to use it.
Hammertime, get your own guy out there to evaluate roof and make sure he is licensed. estimates are free. get as many estimates as you can and take the best 3 to court to show they are just bullying you.
Kent thats the kind of thing homeowners don’t react to or demand accountability like w settlements. The best example of using banks own admission was former FDIC I think employee lawsuit, Mains? re action WaMu possibly Chase.
When ur business is destroyed, credit and they take away only income left property condition becomes their excuse. But we do have rights abd their admissions on settlements. Ur right though I’m documenting their manipulation and guy told me there was just minor patch work and tenant actually joined in and asked why they needed to replace whole roof since there were no leaks. These guys are beyond arrogant and think law doesn’t apply to them. Even if they have everybody fooled and bought off.
heard that to Kent, but in my case I believe chase never sold it off period, they use fannie mae as a front to hide their bad dealings . fannie mae is a cover up for the big banks so they don’t have to prove ownership because they have destroyed the paperwork
the one thing is to keep the property in a livable condition that way it gives them no reason to enter on the property. my neighbors have no trespassing signs all on their property and the one next door that got foreclosed on and they keep the properties immaculate. they obviously want to keep from being further served I know they are dealing with BOA scumbags. every mtg says the property must be maintained along with all the required insurances to bankrupt u further. sounds like they are just bullying as usual. what exactly is wrong with the roof. is it leaking and causing interior damage then it has to be repaired and they will stick you with the bill but if there is nothing really wrong , then they are harassing you. fannie mae/reo people that work on these foreclosed properties are just little people trying to make a buck. they don’t know anything, but sounds like the msg. got thru to pennymac so lay low and see what happens next. if more of those workers show up you can scare them away with a big BOO!
I’m living the nightmare with PennyMac, investors, local gov’t and side of criminal court to go with it! Last week tenants told me the “bank” was sending people to tear roof off and replace without telling me. I put out trespassing and unauthorized repairs sign. Looked like they didn’t show. Yesterday I get home and there’s a guy on the roof. I take pictures and ask him to come. I tell him he’s trespassing and to explain what he’s doing. He has no documentation and plain white van. He’s apologetic thoigh and said he wasn’t told anything. On the other hand he said contractor did show up but didn’t go forward and when they told PennyMac they were fired.
if the judge had power, maybe they would do the right thing, the judges are puppets on a string. if the chief judge allows the fraud to continue in their circuit then it is obviously much higher. contempt is a scary thing yes and the quickest way to shut the truth up. I don’t know who u r speaking about but all I know is under my house is a bunch of sand and dead lizards
He had to stop me because the fraud was staring him right in the face. 2 completely different signatures it was a blatant forgery. Also the document was so fake a child would see it. They basically forged it put the papers in the sun for a few days probably palm harbor fl then stapled it over and over. It was to intimidate me or a crack would be exposed and all you guys would have had a precedent to use in your cases and he would be the idiot down at the lodge that that screwed it up and he shut it down and my lawyer did nothing it was a game of squeeze this guy out it was me vs my lawyer, the judge, chases lawyer. If I peeped He would have gave me contempt. The power a guy in a robe has is astounding and unfair. Sit up there like big fat cat kings, rise everyone. How is that not retarded what guy is not gonna be filled with ego.
On the digging wasnt the guy the other day saying something about they wanted what was underground his house boise or something, wtf?
Pal very interested in your theory. why would the judge threaten you in court like that? I think I am dead on with Blackstone and Chase. everyone who has bought foreclosure on my street has only made the house look worse. stacks of brick in front of one house, another lady bought and had some yahoos dig up her plumbing in the back yard. they must have went 5 ft down digging and came up with no pipes (though plumbing problem), pulled no permits to do the work and now those yahoos disappeared weeks ago and all is left is 25’x30′ holes on each side of the house. Its an accident waiting to happen. and nobody is doing anything about it.
and Blackstone and Chase have several rentals around the immediate area. they bought 3 on my short little street alone. there are only 8 houses on each side of my street from top to bottom.
Lms I’m saying what may be possible as to TILA. If they don’t respond within 20 days note is void. If the loan mod offer is invalid grounds to dismiss/vacate? Or make strong counter as an answer or motion and u have them on the record. But u gotta question not just the offer but standing and debt. They may have opened the door for u. Could be real interesting. Brainstorming here.
Make counter offer stipulating they verify debt, standing.
If they can’t then dismiss judgment.
Or given new evidence submit notice of rescission within case or wait until case dismissed if no sale within 20 days.
Pal. Not quite sure what u mean we r being watched. I just know blackstone group is all up in this area and chase is holding their note. That is what I suspect. They want to scoop up my place to securitize the rental income because these properties rent for up to 2500 where I’m at. In Florida non homestead property brings more tax revenue for local and state govt. and then u have the smaller investors. What exactly r u referring to? Also my dog got real sick and died. Not quite sure what happened there but now the others stay in house all day. I don’t let out unless I am home.
Lms then sounds to me like u have no reliable evidence of a valid transaction or in TILA terms NO CONSUMMATION if it applies per TILA requirements and procedures. If you can do so within current case context or get out of it somehow and there is no sale within 20 days this could be ur window. If u send notice u will have flipped the tables and they have to go to court and prove standing and debt per my understanding not legal advice. Think it through but don’t let them dictate or off the hook.
Yes. I want to counter but not sure if I counter with bank directly or thru court. Never know who u r dealing with at bank or court either for that matter. Not sure if result would be better or worse depending on which way I negotiated
Hammer. The only recorded doc in public records is the mtg. No assignment of ownership to anyone else but since judgement. They filed assignment of right to bid to Fannie. Now they r giving loan mod under chase as lender. If there are others involved and I suspect there are but it is not disclosed anywhere in public records in the county? Where else would I look.
Lms id say u need to go back as far as possible to get a handle where Chase inserted itself and demand proof of valid transaction per the settlement guidelines. Like I said compare what’s in county records, your documents, MERS etc which u can do on ur own or with tools I’m putting together w trial group. I need to nail down court options or counter offer to loan mod offer. In counter offer u can force them to address and/or put them on the record!
Yes Kent incompetent is the word for Albertelli. I don’t think they understand any of the papers they file with the court let alone what belongs in the right file. Is that grounds to go back to judge. If not it should be because if nothing is ever said the wrong papers will stay there 4 ever because I’m sure once they have judgement on a file they will not backtrack it unless they r forced to.
Hammertime. Yes I believe I have new evidence. I think I am out of the timeframe for Tila rescission plus there are numerous errors in the paperwork in my file. They claim a loan was made with some bank I never heard of.
I couldn’t believe what I was seeing at first then every time I questioned anything their “responses” got worse and worse. I had the chance to challenge and not acknowledge them from day 1 and then after 1st and only lawyer on false offer. On the flip side u can’t acknowledge the default in court and give judge no choice. Those trapped need to find new discovery or revive TILA rescission or other defense imo. Garfield, jurisdictionary and other legal aid advise on way to present in court and allow judge to make conclusions.
Understand Kent. U can’t go accusing unless u have the proof. But as many loan mods they have reneged on in different lender names and now they r back to chase. Something is rotten in Denmark.
understand Hammer, I guess that means, I need to do a written request for the PSA if one exist. Its hard to go back in after they got judgement, but maybe worth it. the first loan mod they reneged claimed that Chase was successor in interest to WAMU, the second loan mod was Chase Home Finance, LLC so I know there is something real screwy with my paperwork. They never wanted to honor the two loan mods they reneged on for a reason. they also hid the first one from the courts so that maybe my saving grace of new evidence of fraud to go to the court wth to force them to give me a reasonable loan mod or else. Im not sure how judge would react once they have judgement though. don’t know if fed. court would be better. I can get help in the fed court where the cty court here would probably throw me out.
As attorney Rosen said never bring up fraud in court let the judge do that. If your case is strong they have no choice but to rule in your favor. I like you have been fighting Chase for seven years. Now this will be the third Lawfirm representing them
Pal ur exactly right on land records. The cancer has spread to real estate “professionals” , investors from small to corporate. A couple of years back I looked in my area and tgere was a property that stuck out like a sore thumb. It was listed as an llc and had about $6 mil balance on $500k property. I raised this as an issue w local officials but they played dumb or it was over their head. I looked in lms area and it looks like properties have a bad case of MERS. NEWER filings that look like part of overall cover up. There’s a movement to audit property records at city and county level so this isn’t the time to give up even if uve lost ur home.
I had a house next to me that was foreclosed and the lady had BOA as servicer and I looked on public record and saw one of those MERS doc recorded. I did not check the date but I could swear that was files after the foreclosure. I only have chase mtg doc files with my county, no body else, no other deeds or assignments, nothing. that’s why chase has always been the holder and everything else. there has never been any evidence that I was part of a trust but Chase has strung me along for 5 years claiming the investor has to decide. if I were to let my house go, I just wonder what fictitious docs besides the ones the courts add in would pop up in public records and to look at this loan mod I got, it show chase again as the lender and the notary for chase’s signature appears to be in Michigan. I was told it would be recorded but I have my doubt and if the 175k they added on the back end is for servicer advances, they can shove that 175k up their a** and then once you sign the 175k becomes principal of the loan, what a maroon.
Hammertime
November 28, 2015 at 3:34 PM
Ok that is where u can make a breakthrough. The bankster and real estate people want you to believe that whatever is filed w county is all that matters. Whenever u say it was always a Chase loan is exactly what they want u to think. They used exact wording w me althoigh their people were referring to my loan as a WaMu loan! Then I saw that MERS had old loan as active w different investor / servicer 3 yrs after closing! If there’s fraud involved the point is we DON’T KNOW which is why you don’t acknowledge pretender lender or bogus debt if u have no PROOF of their claims besides fraudulent filings w county and everywhere else. No matter what u know u need to look everywhere the “lender ‘ or “servicer ” COULD BE listed. If there’s any possibility of multiple claims or fraudulent transfers etc there’s ur cloud on title and u can tell Chase to stuff the whole fake loan.
Pal
November 28, 2015 at 5:48 PM
What will be recorded on property record after all is said and done is fannie will own the home. Our good old government owns our homes. Maybe some syrian refugees will be living in it soon. I keep planting seeds in the conspiracy direction because I think the guy the other day said it, it seems they targeted us for some reason wether it was clouded MERS homes with clouded titles and they jumped ahead of it or some other sinister crazy plot to steal our homes I understand greed and power its in everything but my gut is kicked that this is much bigger secret group with a much bigger overall mission. Sleep on some of the small nuances of all your situations, like I stated who the f#%! Takes helocs and refinances over and over every month for years look around your block and you will know who knows something. By the way look now after this all hit none of them refinanced again since. If you look at who these people are they will always be tied to a person in the know usually all government employees or members of some local lodge if not a secret club. Find just one of these people in foreclosure you cannot, no connected person to the KNOW is affected period. These are the ones now scooping in for further vulture kill or be killed and investing in the carcasses.
as my judge hit the gavel I yelled I would like to speak and have my day in court. The judged looked not at me and my wife who have suffered years to get to that moment, he quickly veered over and said to my lawyer I want you to listen to me if you allow them to speak I am warning you they could fall into “unintended consequences” my lawyer shit his pants and waived my right to speak.
i knew that moment its all lies, everything we as americans were raised to believe work hard, do the right thing, justice, the american dream, the system is pure 100% corruption.
If you have the heart by all means fight. But we realized quickly how bad it is. As hard as it is to let it go for Justice sake. The major issue is you dont have a chance its like a lottery that could only be if some major press in your case could get out but that wont happen press wont say a peep their owned.
The emotional soul toll wraps you up in their clutches and they are well aware of your pain and know its to their benefit to drag you around for years if they have to they may even literally feed on it.
I want to cheer lead every single effort you make and high five your battle victories. If I was your brother I would tell you however its fixed dummy! They are all in on it! Like we were saying with Trev the other day judge, lawyer, realtor its a big show. If everyone starts to look under the veil mostly all foreclosures do not happen to certain people right in your neighborhood furthermore Ready!
Search your towns land records and look at “certain” peoples past documents one after another every few months heloc, refinance over and over these are people that do not need a heloc to refinish basement, pools. These my friends are the ones near you that are in on it and stay far away from them they are waiting seeking to devour you and your family. It is not for fixing up the house its money laundering and its how they get paid for being foot soldiers gnashing of teeth. I have seen this go on too many times people kept fighting trying to go after the judges bond, the whole sui juris thing, complain bar lawyers. Get a tiny house and a tiny job low overhead and enjoy freedom while it lasts live just outside their matrix as much as possible. Save the toll, soul get to peace and love thanksgiving wait for the day of justice it feels like its coming soon!
pal, this generation needs to leave the electronics alone and wake up to what is really going on here, Americans are losing their property rights, one of the most sacred things that make America great. these kids are saddled in debt, student loans, etc. I have seen so many newly built apartment complexes go up in my area because people either cant afford to buy or do not want to. Black Friday makes me sick, people getting in more debt. I have never ever lived beyond my means yet Chase is trying to blame me for their BS. Yes it does appear to be a losing battle in the courts because the entire govt system is reaping benefits from the fraud, but for now we have to do to know we did all we could and none of us should settle for less even though the deck is stacked against us.
Pal
November 28, 2015 at 10:16 AM
Amen, I had one of the most open and shut cases I win, nope. They shut it, everyone of them everytime. I screamed from mountain but your pushed further in weeds until your suffocated.
You are so right we have let them own us long ago. Just think of the snake oil salesman. See this 10k worth of 2×4’s we will build you shelter with it on that land right over there its high demand walmarts a few blocks and every jones family wants to be here. But, you will have to pay 300,000k plus our vig/interest because were the bankers. I know you cant afford it so I will own you over 30 years of your toil and it will be totally worth it cause you will pay me 1million by the time your sixty. Sound good? Ok and also this tax guy here you need to pay annually for the land as well and our rates not fixed so every year of the 30 years we will raise that its not fixed rate. Ok and this insurance guy pay him to protect our interest in the home you own. Ok and this guy is land use board if you need a fence or want a pool on your owned land you need permission to use said land and a lawyer to get a variance. Ok and if bills are tight paying and you need xmas gifts this guy will give you a plastic card like your mortgage so your kids and you can still get what all the jones have or want displayed on our HD commercials. Ok and dont speed to get it cause our men in blue will hide behind trees in a 25mph zone just by walmart as your rushing to work to pay us and hand you a bill but dont fret they take credit cards now, and on and on andon and on. Ahhh home ownership the american investment, listen heres a bone all that interest its tax deductible its good debt. How dumb are we to have let this go on!
Kent
November 28, 2015 at 10:27 AM
Well said. It’s called the American way Aka the credit trap
yes pal and kent, and I would like to see more places besides the inside of a house that I will be enslaved to way beyond my death. unbelievable the loan mod, deeper in the hole! maybe I should give the new generation more credit. they know something we don’t about home ownership. the banks make it a drag on finances. as the state of Mass. says “LIVE FREE OF DIE” or that might be Maine, anyway I like it and am going to live the rest of my life by it.
Kent
November 28, 2015 at 10:22 AM
I recently saw where a guy was running for state representive here in Florida and asked him 4 times what was his plans on the bank foreclosure frauds commited here in Florida and he ignores my question Obviousley something he doesn’t care about. Our attorney general Pam Bondi could care less as well since it won’t her climb the ladder if her political career However she negotiated a really good for the state with the banks but didn’t help one single homeowner
Pal
November 28, 2015 at 11:27 AM
They have us divided strong credit vs those deadbeat subprimers losers cant pay bills. All of us fighting mortgage fraud stand alone. We dont need to occupy and sleep in park with signs. When everyone wakes all we have to do is collectively stop paying mortgage and slave debt.
You see we are missing and have left what makes us strong like IMS is saying slave debt in our livingrooms. Watching black vs white dem ve reb gay vs christian womans rights vs abortion war vs peace they gave you an identity whatever you believe they keep you divided.
Remember little house on the praire. Thats what needs to be a “kononia” of righteous community minded individuals prospering together not being divided.
Co-op small land with cabins or old trailer park with trusted people fix em up barn raise sheds together fix each others plumbing generate common funding for overhead live simple. Drink beers bbq campfire and avoid the man in blue DUI and stumble to you cabin, lol but this is what has been stolen. Occupy your mind, live, love, give. If this place existed were good people you could trust, real friends join together and go back to old school community I would love that. I GUESS that is where the word Bohemian came from. Google that, bohemians said F””” this and made communities and did creativity and jammed with each other broke bread together That thought though would be labelled ” losers” today.
I agree w most of ur specific recommendations Mick but lms and i have been fighting Chase for years. Hopefully she has done what we’ve recommended here. Like u said all she needs is one violation or breach which we all layers on top of layers BUT THEY ARE IGNORED DUE TO BIAS AGAINST US! No report is going to change that while some lawyers now offer free analysis. I believe LMS has hired lawyers in past and they prob abused her ans broke the law. We have to keep engaging and involve officials tgat aren’t doing their job.
I agree w Bobbie as well but we do have laws and agreements but tgey are NOT ENFORCED. That’s it’s not just about saving homes which imo was Occupys mistake or as here in LA tgey got their compromise ie “sold out?” And went home.
We don’t need to get into 100 yr old agendas and quit following individual agendas. We need to focus on facts and the deprivation of our properties and other rights as a group.
agree with you Bobbi and Hammer, will not change anytime soon. obuma in bed with bankers. the dems side with banksters. Hammer, had cronie attorneys who sided with banks attnys. never brought up the pertinent facts about the breach. my only hope now is go back to get judgement vacated on grounds of items that were not part of discovery which I have, the bank’s attorneys misfilings of papers that did not even pertain to my case, ex.some loan that I never had with a bank I never heard of, and they hid the breach loan mod from the court. any other suggestions are welcome. I could take loan mod they have offered me and get judgement vacated that way and then go after them later. I am so confused. I do not want to sign the loan mod. is it true what mick said that I would be forfeiting my rights for a re-hearing in florida?????
Hammertime
November 27, 2015 at 4:47 PM
Lms weird don’t see ur post I’m replying to but as we talked on the phone u must review what u sign if there’s any such language waiving ur rights. Banks are already doing that w TILA rescission. You have the right to make a counter offer and demands re ur concerns. Even if ur officials are Obama haters or lovers u need to get them in the loop. We have to be independent and most of us fighting are one step away from streets or on the streets or our cars and not concerned w the rhetoric of dem/rep or deadbeat/free house. It seems that’s ur main stumbling block.
Mick, we are on the same page I think. already contemplating vacating judgement based fl. statute. on everything mentioned in your comments, more than 1 material fact issue not addressed that was left hanging. new loan mod stills show chase as the lender yet they claim fannie mae is owner/investor. there are no new deeds, quit claimed or otherwise. I believe chase has always held the note as well as mortgage and if not why are they giving me new loan mod under their name. I think they are counting on me signing loan mod and I will go away, but I have already contested the loan mod docs thru the bank for now while I figure out what motion to file. im sure albertelli will be back in there soon enough pushing foreclosure sale.
Mick. Chase reneged on 2 loan mods and I was part of a class action where they were sued for breach. That class action went on for 4 years and the bank dragged me like a rag doll. All I wanted to do is get a reasonable payment and move forward meantime I got slammed into foreclosure in 2012 and judgment in March this year the complaint was wrong saying I did not make a payment since 2009 when I was in a loan mod. I don’t know if it is too late or not but I feel if I don’t take loan mod. They will just push sale.
LMS, the key words are the first 5. THEY reneg’ed. They Reneged because they COULDN’T enter in to the mod. contract because they likely no longer were Either Owner or Holder of the Note (keeping in mind that SERVICERS don’t have authority over agreement on modifications any more than FC’s). They were sued for breach (far more than once) because, again, they were ‘negotiating’ (not really, but YOU thought so), when they no longer had authority to do so after having SOLD the Note[s]. All You need is one single solitary ISSUE to challenge, to file a motion for rehearing, (expires after 1 year…at least in Florida) and where I’d start looking is the CLERK OF COURT’s PUBLIC RECORDS! You likely have MULTIPLE Quit Claim Deeds already recorded against the property, trying to clear up the CLUSTER they created w/”final summary judgment”(which NEVER should have been granted in the 1st place…NO Question of material fact can remain unsettled for FSJ Order to be Granted), because they brought or completed the action w/o standing. Chase sold nearly 97% of all notes to REMICS via MBS, and they were PAID for Your note, there and then.
Stating in a complaint that ANY Payment missed that was PAID is grounds for re-hearing. You shouldn’t take the mod. as it’s a way for them to cover their tracks. DO YOU THINK THEY’D EVEN BE OFFERING YOU A MOD. IF they Had Grounds to SELL Already? Guess again, YOU and Your Stuff would be ON THE CURB…back in JUNE! There ARE (not ‘were’) MAJOR Problems w/Your/THEIR Documentation; the fact[s] that:
1-You’re still there, and
2-They Are Trying to do a ‘mod.’ (which likely they STILL don’t have authority to “DO”), and
3-They HAVEN’T Moved forward w/SALE Procedures,
ALL prove the point.
You NEED to either look yourself, or have a professional LOOK at everything in Your file of everything they or the court mailed You…because LMS, there Are Problems, holes in their case big enough for Mack Trucks to drive through; or You’d be typing to us via the wi-fi at a hotel/apartment/McDonalds after having already BEEN displaced. They don’t ‘allow You to remain as an act of good will….<–Banks don't know the meaning of those last 2 words.
Steps to take:
1-Collect ALL Your mailings from them, the Court, any attorneys involved on Your or the C/A Suit's parts.
2-Sit down and put them in 2 stacks (YOUR action in 1, the C/A in another)
3-Chronicle Everything in Yours by DATE, oldest to newest. NUMBER THE PAGES from 1through the end. Get a big alligator clip and remove ALL the Staples. Clip the Pile.
4-Find a friend or neighbor who has a good SCANNER(which does a min. of 30 pages at a time) [Note:Don't take Your monster REAMS of document[s] to Staples/OMax/Off.Depot as they all now charge $.50+/-PER PAGE to scan to a zip/flash/thumb/SD drive and that's insane. Just paid $187.+ to do 1 'on the road' away fm. MY Scanner this morning. Don't waste money if You can avoid it. Find a friend, dedicate an hour and get it done. Once You HAVE it done, anyone You trust to help You can download it in less than a minute, OR]
5-Take Your document to them and SCAN it to a (preferably YOUR) computer, SD or Thumb/zip/flash drive AND:
6-Upload it to an online hosting website (like dropbox), then reach out to either professional FC Document Examiner[s] (of which I'm 1, but only for FLORIDA…no other state), or ideally A Lawyer, or Paralegal and give them some time to go over EVERY PAGE. Once they've FOUND the reason[s] You're STILL in Your House, You need to file that Motion for Re-Hearing, because 'newly discovered evidence', fraud, fraud on the court, and/or errors & omissions are all grounds for rehearing, in nearly every state.
I AM NOT A LAWYER, never played 1 on tv or radio, am not giving You legal advice and HIGHLY Suggest You do Your own research and secure a competent Attorney who SPECIALIZES in FC Defense, as I assure You…something is rotten in Denmark [read=YOUR Bank's Documentation, regardless of what the COURT RULED!] and it's there in bold faced type, however they know their hands are tied and A MOD. is their only way to have You waive Your right[s] TO that RE-Hearing!
Simply put, CHASE took bailout money. They AGREED in that 'gift'(of our grandkids TAXES being unfathomable) to reduce principal and REAL Mods to correct former error. They've SETTLED Many Of those C/A Suits over failure to adhere to the LAW, both state & federal.
Promissory Notes, are exactly the same as Written and Signed CHECKS. Once 'endorsed', in Blank, they are checks, made out to: "Pay to the order of CA$H", meaning the HOLDER owns Your purported 'debt'. When they SOLD Your note, could THEY be paid more than ONCE for that 'check'? Well? Does ANY Check remain 'redeemable' for any FORMER holder of IT? Did they not ALL get paid when SELLING IT to the next 'holder'?
Why would YOU as a purported signor of that now 'negotiable' (AND NEGOTIATED…meaning already SOLD) instrument, allege YOUR Further financial responsibility to somebody You — USED TO OWE, but no longer do, because they ALREADY GOT PAID?
That's what a mod. will get You…confession AIN'T good for the soul in this case…it's suicidal instead. Don't give away Your rights without knowing what they were…FIND out out how bad they messed this up, FIRST!
Shutting up now because I just keep getting further behind every time I get a new email posting from here! <–I know, shame on me, however there's only so much to go around and running out of 'me' stinks.
hth,
-mick
I think plan of action should be breach of loan mod. they also did a good job of keeping it hid from the court until they got judgement. I have EVERYTHING to show I was in loan mod, all cashiers check payments for months until they reneged, kept paying them waiting to see loan mod recorded in county, then they made some lame excuse and wanted me to go thru process again. I have proved to them over and over that I can pay but they don’t want me to.
mick, I would like to speak to you, is that possible?
BOBBI SWANN
November 27, 2015 at 1:54 PM
I never did and never will understand why homeowner’s enter a loan modification. If any lender could (legally) do a loan modification they would do so wherein the paperwork would be properly signed, notarized and RECORDED. Noe of the loan mods that I’ve heard about or witnessed on my own, have ever been recorded. Mick is so hitting the nail-on-the-head. These bankstas don’t own the note and mortgage and servicing agents don’t have the authority to modify. Besides, clearly 80% of all mortgages are bundled up and sold in Trusts or REITS which makes it nearly impossible to do a loan modification since ALL owners of the Trust would have to sign as the “owners” of the note and mortgage. These loan mods were just a ruse to get more money (extortion) out of borrowers. They’re not out to help you save your house – they’re out to line their pockets!
yes bobby I believe you completely. I do not want to sign the mod. if chase has been claiming that fannie mae is the holder, how can they make a new agreement under their name. shouldn’t it be the investor. what can I do???
Kent
November 28, 2015 at 8:40 AM
I’m here in Florida fighting Chase too In my depossission Chases attorney told me it wouldn’t do me any good because my payment wold be higher than it is. Then turns around and sends my attorney a link for a loan mod. To show you how stupid they are. The banks attorneys last question to me was am I prepared to pay this in full today ? I asked well how much is it ? He responds with after shuffling some papers around and says I don’t k ow My response to him was then I can’t answer your question if you don’t know My attorney got a big kick out of that
kent in attorney lango ” I don’t recall” LOL these attorneys have no clue what u owe. they do not want to get that deep. they have to offer a loan mod. but they are no good. I contacted my congress person although I really don’t expect too much there, but I am going to let her know how they have tried to bully me out of my house. Now they are nothing short of extorting me out of it. blackstone group has bought up in the area. rents are high and they are just looking for another home to add to their securitization. I have known that for a while. they knock on doors around here asking people to sell. I want to believe like mick said if we have managed to stay in our homes as I have in mine 6 yrs already fighting, there is something the banks don’t have. I know standing is one from the complaint, also the day that they claim I have not paid them from is seriously off. I am in the fight mode again, not giving up yet! don’t let these POS attorneys intimidate you. that’s how they operate, the scare tactic like you need them. Just the facts officer and I HAVE PLENTY, whether they will do any good or not remains to be seen, but Me, myself and I are going to the judge with them. any attorney I ever had for some mysterious reason did not want to let the judge know how bad Chase has worked me over.
Pal
November 28, 2015 at 11:20 AM
They have us divided strong credit vs those deadbeat subprimers losers cant pay bills. All of us fighting mortgage fraud stand alone. We dont need to occupy and sleep in park with signs. When everyone wakes all we have to do is collectively stop paying mortgage and slave debt.
You see we are missing and have left what makes us strong like IMS is saying slave debt in our livingrooms. Watching black vs white dem ve reb gay vs christian womans rights vs abortion war vs peace they gave you an identity whatever you believe they keep you divided.
Remember little house on the praire. Thats what needs to be a “kononia” of righteous community minded individuals prospering together not being divided.
Co-op small land with cabins or old trailer park with trusted people fix em up barn raise sheds together fix each others plumbing generate common funding for overhead live simple. Drink beers bbq campfire and avoid the man in blue DUI and stumble to you cabin, lol but this is what has been stolen. Occupy your mind, live, love, give. If this place existed were good people you could trust, real friends join together and go back to old school community I would love that. I GUESS that is where the word Bohemian came from. Google that, bohemians said F””” this and made communities and did creativity and jammed with each other broke bread together That thought though would be labelled ” losers” today.
yes the banks have broke down communities and destroyed lives. all govt wants to control us , cops, courts and all the other pathetic powers that be. they are the losers, insecure in themselves and their messed up lives so they want to mess up everyone elses.
I also found out that the first payment I made to chase back in 06 was not on their record. why is that, but the loan mod payments that they reneged on, they tried to combine to make up the old payment, but I have all the paperwork where they told me I was in a trial mod, plus the permanent loan mod that I signed and returned that they reneged on and it is all black the paper as if they were trying to conceal it from my files with them.
I go back to Bloomberg article that was a leak from the powers that be if we want to get deep. It described how there has to be a narrative that allows a bubble to grow with pure belief where no one questions anything even when truth is right in front of them. They were talking about China as if it couldn’t happen here but bubbles in general. Doesn’t matter who or why as long as people don’t think and don’t react.
HAPPY Thanksgiving Everyone,
answering fm. the top this time, caught in rural Hades w/limited wireless & having to prepare now a last minute motion for continuance (imagine this, Mag.Judge says [On 11/17…”Evidentiary Hearing GRANTED, March 8th, 2016 1pm”] Then Last night, get notice in Mail, “FINAL HEARING Granted, 1/12/16, 0900” Latter fm. Circuit Ct. Judge, Superior to the ‘FC Court/Mag.Judge’s decision)…I wonder who they’re going to SERVE NOTICE ON, FOR FORMER PLAINTIFF’S COUNSEL(as former plaintiff’s counsel has been disbarred & dissolved in FL., since 06/14)? Also have to file subordinate motions for subpoenas, complete another document examination, trip to office max for lots of copies, and 2 more examinations to complete just to make things fun on top of a ‘statement of transcript’ (highly unusual circumstance when court reporter was absent like Ham v. Nationstar, where orders were issued verbally); How fun can 1 Thanksgiving be? So much for ‘Family’ While we battle for their inheritances. Will be fwding samples to those who provided emails soon as I can,
Hammer, this has been a long term agenda since 1913 w/the advent of both the IRS and FED compliments of our infamous POTUS, W.Wilson. Back in those days when You couldn’t keep Your pants on, they didn’t impeach You for lying about it, they took the COUNTRY to the CLEANERS! THEN came FDR, brainwashing the masses that gov.org was the end all and be all to Every-Thing, capable of curing ALL Woes, then came LBJ w/a ‘war on poverty’. The department of Education’s job for the last 5 decades has been to DUMB DOWN both the students AND the TEACHERS, and finally the Teachers(Professors) OF the Teachers, to assure a brainwashed electorate/masses who are just smart enough to log on to facebook, twitter, and publish lots of selfies, however not smart enough to reason, use logic, and examine their surroundings and dilemma honestly; smart enough to be good workers, never smart enough to challenge ‘Authority’; 2 cents proffered. & FYI, there Are ALWAYS those who both THINK, and React….because IF, “IT” happened AnyWhere before; “IT”, most certainly CAN (And Probably WILL) Happen Here.
There are NONE so BLIND as them who CHOOSE not to SEE.
Praying a safe and enjoyable holiday to You all;
-mick
Pal, its about stripping our property rights permanently and as long as the courts go along with it, we are in trouble. if big banks like chase and real estate investors like blackstone work together, they will have all of America renting and not owning.
& w/75,000,000 MERS Securitized Mtgs out there already, they’re well on their way. Eventually the BANKS rule the world which is how they always wanted it.
YOUR Posting is exactly right and WHY Every FC, & FC Defense Lawyer is leaning over the edge to hear the FLSC’s Opinion and final decision on “Bartram”. as EITHER Statutes MEAN something, and were written by the legislature for a specific PURPOSE, or they don’t, and the judicial branch is out for anarchy as much as the Banks.
EG: WHY even HAVE a Statute of Limitations, for FORECLOSURE ACTIONS, AFTER Acceleration, AS A LAW, when the [purported] Lender/Note Holder/Servicer/Mortgagee, can simply, AFTER FAILING to prove their case, RE-File, moving forward to the first month Prior the S.O.L.’s ‘expiration’, claim default from THAT DATE forward and re-sue You repeatedly, the number of times there are PAYMENTS REMAINING on the Mtg./Note? Since WHEN is a Mortgage/Securitization/Promissory Note on a piece of Dirt &/or structures ANY DIFFERENT than Any OTHER Installment contract? being sued, for the next 30-40 years, by lenders who can’t get it in a pile with a backhoe, with HEADLIGHTS is about as exciting as eternity in Hades (but THAT is what the Bank Lawyers are arguing, along with “but they’re gonna get a FREE HO– USE JUDGE!”
“…the concentration of capital and the growth of their turnover
is radically challenging the significance of the banks. Scattered
capitalists are transformed into a single collective capitalist. When
carrying the current accounts of a few capitalists, the banks, as it
were, transact a purely technical and exclusively auxiliary operation.
When, however, these operations grow to enormous dimensions
we find that a handful of monopolists control all the operations,
both commercial and industrial, of capitalist society.
They can, by means of their banking connections.”
-Vladimir Ilyich Lenin
Now simply substitute GOVERNMENTS and Federal GOVERNMENT for ‘capitalist’ and ‘capitalists’ above.. We Already Live in a Socialist State. And All the animals on the Farm are Equal; it’s just the Bankers (read=PIGS) and Government are a little (no, actually a LOT) ‘more’ equal than any of the rest of us. The collapse of The USofA becomes painfully predictable when the rule of law, becomes segregated to “Us and THEM”. WHEN the masses (even of homeowners) discover the reality, which ain’t hard now on the internet….the system collapses as nothing is perceived to any longer have ANY VALUE which can be reasonably secured by “OWNERSHIP”.
thank you for your comment Mick,I too,am having a thanksgiving full of “what do I do” I have been given a loan mod that further drives me in debt deeper than the bank already has. I would have filed bankruptcy, but I have a rental property and have no debt than my mortgage so it just has not made sense. if I take mod, they will reverse judgement which is the only positive I can see in taking the mod. no more lawyers, cant afford them. the mod payment is 45% of my income, manageable in the bank’s eyes but not mine. I feel I am being extorted because if I don’t take mod, they will hold foreclosure judgement. this is what I get for trying to work with the bank for going on 7 years. any advice is appreciated. don’t really want to sign the mod.
yes this house that used to be a home holds no value to me other than keeping a roof over my head till I can find somewhere more manageable financially to live. when “anything” has no value to a person, they need to let it go. ownership is a big word with a “home” but not so much with a “house”
Mick
November 26, 2015 at 5:25 PM
LM,
I think You really need to re-evaluate WHY You consider a ‘mod’ a good thing, versus simply striking a ‘cash for keys’ deal as it sounds like You’re “Over” the whole battle? Attorneys aren’t always the answer and sadly the bad 1’s give all the good 1’s a bad rap.
I would Check to find out where YOUR AG’s office came down on the 49 AG’s v. BoA (& ALL the OTHER Mega-Banks) for all the violations they ‘settled’ on? IF Your mod, was being negotiated (or forbearance, or ANY other type ‘negotiated settlement’) WHILE Your FC was being DUAL TRACKED….they owe You Big time, although those funds have typically been disbursed to the AG’s Offices.
IF You have dramatic equity in the house, selling might be an option, short sale if not, and IF they have bogus docs, FIGHT, FIGHT, FIGHT! Because they can’t PROVE Standing means they don’t/didn’t & might likely NEVER Be able to PROVE their ability to FC on YOU?!
Good (& bad) news is that after 7 years (like us) SOMETHING is definitely WRONG.
IF YOU don’t know, and former attys don’t know WHAT that ‘something’ is,
You need to figure it out before agreeing to anything, or making ANY plans toward any type of ‘exit strategy’. IF they messed up, how’s it YOUR fault?
Well?
Just sayin’
HTH,
-mick
Furthermore, as we all grind away in our lonely solo wars and share the battle scars, I would like to step back and get this thread to look back.
Over the years through sharing tactics and personal stories I have heard little bits of strange occurences prior to foreclosures. I have heard countless people describe bad neighbors causing pyschological harm. Calling the town, calling Child Protective Services on kids. Several people were not behind on payments just yet and tried to sell the homes and the Realtors purposely held back the property, would not show the property, blew the contracts up. I also recall someone saying they could swear a shill had put contracts on the home and bailed last minute just to cause harm.
Can we all start to meditate if the possibility exists that the banks had help from foot soldiers early on and if your friendly local yocals from town, were in on the secret of the bubble. Investigate if its at all possible and this may be why a statement like Trev makes us sit up a little bit. Could this all be for more than the money and greed?
It IS called human hunting…
‘T.I.’ – targeted individual.
I will share what I saw/experienced…you are bulkseye on… they watch us….but now….the hunter/abuser is being hunted…as this board will confirm/nod uh-huh….there is always a bigger dragon.
Some are both smaller AND bigger… 😉
Thanx IMS, ok thats a valid take. Im wondering if Trev is hitting something deeper. Like Freemasons? And their involvement in all this. Like is any single person thats been foreclosed a freemason ? I think not, im sure your lawyer and judge and mortgage guy is. TREV EXPOUND WISE SON
Pal, in real estate lango, what trev is trying to say I believe is that the properties he owned were “desirable” in the real estate world meaning the bank knows they can get their money and then some mo money. same situation with me. their greed does not end!
what these banksters did was destroy the moral compass of America dreams. the one thing that most of us are most proud about, owning a home and they have and continue to try to destroy our property rights and as long as someone like Obuma is the commander in chief, nothing will happen. it is one big govt conspiracy imo. TRUMP 2016. democrats and the banksters in bed together. my neighborhood is full of blackstones rental properties where they have bought up foreclosure and guess who holds the mortgage on the properties and their contents. JP Morgan Chase. In florida when a property is not homesteaded, it brings more property tax revenue so all the govt gets paid. that’s why chase wants my home. I have a loan modification, but it says that if I were to ever rent out my house, I would void the contract and be immediately in default, in other words ” Do as I say, not as I do”. yet Chase and Blackstone are in bed together renting out my area. Scumbags all of them.
I’ve been fighting my foreclosure suit for seven years. Back in February my wife tried to commit suicide. So I understand the stress. That’s what they hope for that you will give up. DONT !!
It’s the fact that she never held that title. She was a document processor, not a VP. See Kennerty depo from Geline where he describes her actions.It’s all forgery. Affirmation without knowledge.
Then you had the CA DOJ prosecutor that had Chase in his sights and he was benched before the big $13 bill settlement / tax break. They’re getting away w it imo because they’re controlling the story and have us arguing on the sidelines. Kind of like the football game in the MASH movie lol! Just popped into my head!
Rin tin tin exactly! I have letters, data from Chase/PMac not only telling me but city officials black is white and they’re still threatening me w jail! We all gotta read Alice In Wonderland over the holiday to stay sane.
Hamstring-I tend to agree. Why else would the BK trustee lawyers (DOJ) sit on their hands and let it happen? False claims right in front of them and they torture YOU. The guy at BlackRock who handles the Maiden Lane assets sure ain’t talkin’…..
@rinnie mini we’ve gone thru MERS, sig is all that matters, non jud’l, securitization, bk black holes and the deadbeat / free house worm hole u and others keep pushing! It’s the fed and every politician, judge, lawyer, real estate broker, investor that corrupted everything to steal our homes and keep us trapped.
Hey Der Ho Der. usedkarguy here. @hammer-I don’t know WTF you’re talking about. See my posts at rogerrinaldi.wordpress…….
The only black hole is the one the oney comes out of at the Fed.
re “losin’it”, hanging out in BK Court while the pressure builds. Still in the house of course. Putting together another fraud suit as there is no jury trial for a foreclosure. The Wolff case is on my reading list right now. Lots to do.
Happy Thanksgiving everybody!
great to hear you are still in your home!!! we are too!! in court for 2nd foreclosure. They seem to not be able to come up with discovery a 2nd time now? 1st forclosure apparently they had the note and mortgage? this time the mortgage is lost? and they have an affidavit signed which we all know are signed by document mills, who send a robo witness to trial who we know has no personal knowledge of mortgage. its going on 6 years our fight since obamas hamp modifcation started to steal homes from around the country. still not understanding the undated , endorsed in blank, with a robo stamp os joan m mills?
The hone MetLife Home Loans & American Home Loans Servicing 3 (to a higher power)….my homes were my ‘plug-in’ points if you will….i am a superconductor….trying to be a super conductor…a leader worth following…scars an all.
My 2nd home stolen was ON the focal point of earth’s ♡ chakra…..litterally the center of the quartz/diamond of this planet….the city of Boise expanded from 1018 North 15th Street…. the Freemasons knew this….in 1911…they knew this.
Some (on the darkside) were willing to bet the farm….to steal the house (s). So they did….but they forgot that the sword of the lord cuts in both directions….the sunshine pendulum they never saw coming….i share these details as the drama plays out with its scripts….characters….heros & villians….fortunes & foreclosures…..
I have very deep/wide top of the pyramid contacts….and am prepared to call upon those willing & able to assist. should you join me….KNOW in your ♡/♡s you will not be left in the cold….again….we are not alone…and the offenders/guilty will fall…are falling….let the truth rise…let the light *level scales of justice* be recalibrated.
Hello my fellow bravehearts.
Despite rumors to the contray, I am alive and well…calling $1them like I see ’em…calling them out when I need to.
Still in this dogfight….leaning hard on powers above….to help w this (our $#!# show from below).
I am lobbying for removal of a Judge….here in Idaho. Christopher Bieter *mayor’s brother*…..runs in the family….. in my 16 yr experience w both..not to be trusted for any reason….ever.
I am also posting to invite you to a limited Class Action (Qui Tam) suit to be filed in Ada County, Idaho… on behalf of a Class (you?) who may have suffered financial loss as a result of Fraud/RICO/Breach of C/Discrimination by Ocwen Financial, CEO + BoD and it’s predecessors American Home Mtg…et al. It will follow in the path of CFPB’s $2.125B ‘order’…& DW’s CA Class-Action suit…recently settled for $150m.
I will limit the suit so that settlement will make a material impact toward your losses…$1,350 would not cover my storage bill….let alone 10 yrs of equity….in a small but fine 2bd 1 bath in Hyde Park….the neighborhood they now have a tv show depicting….
If you care to discuss this…or a 2nd planned suit…Ltd. Class-Action….against MetLife Bank…CEO + BoD…please reach out.
100 seats open on each.
Filing will have Fall/Winter ’16.
Fight on!
godbless you n yours this Thanksgiving/Christmas/Hanukkah Season of light..we shall overcome.
Trevor David Hitchin Kaufman, mba
501 E. 44th Street Trl#4
Garden City, Idaho 83714
United States
Mick, the fraud is known as every presidential candidate claims to be against Wall St. The percentage doesn’t matter thry can’t be trusted no matter what magic research u come up with. It’s homeowners that fought the deadbeat myth that has got us this far. If anyone thinks Trump or Clinton are the answer will never learn.
Foolish, foolish thinking if you think that it’s been the homeowner’s that have made any progress thus far! If that is the case, name me just one federal law or state law for that matter that represents any type of success in stopping the banks!!!! If we are to succeed, then those that created this mess (Wall Street and the Banks) then we either have re-instate the Glass-Steagall Act or re-write it and get it passed. You think homeowner’s have the capability of doing that? Hell NO. It takes a cleaning out of DC and electing those who will do the right thing and put this country back together. Someone who’s not ‘obligated’ to Wall Street or funded by the banks and who does that leave? Who is out there who isn’t already accepted donations for campaign funding from the thieves in DC? Who has more money and net worth that doesn’t give a Da** if he gets paid the $400K plus salary? I, for one, am tired of electing those candidates who, before they step out to make their first speech on the campaign trail, are already a begotten slave to the cronyism in DC. Oh, we’ve made some points in the courts as far as small wins, but that’s not enough. Compare those to the vast amount of foreclosures, etc. since 2006-07 and the number is minute. We had a chance once with the Occupy movement, but we dwindled in support. If we really want to make ‘change’ we need to stop with the nonsense talk and learn to walk the walk.
Mick, rrrini are u guys in a black hole? Your like 3 yrs behind and still trying to blame homeowners and make urselves out to be saviors. Give it a rest no time for your distraction.
hammerhead, that is their only defense when you get close to exposing the truth: you’re frivolous, vexatious, and your attorney is persecuted by the state bar. Watch how many attorneys they line up against you. I had them burning over $2500/hour for three hours once.
They could care less.
hi roger, how is your case rolling? i am in my 2nd foreclosure. its 1 year old already. still waiting on discovery. I am the one who has joan m mills as robo stamper too!!. funny thing this foreclosure they lost the mortgage but they have the note? 1st foreclosure they had both? signed affdavit that they lost the mortgage? yet the person that signs these are usually from document mills with NO personal knowledge.
keep on keepin’ on there Mick, we’re with ya. the banks won’t stop, ever, until there’s precedential decisions which make it unlikely banks will prevail using fraud.
Mick , I sent you my email address and I asked my attorney about finding out why about the dismissal and she told me they don’t have to say and doubted any judge would make them tell why
Hi lms you may want to send demand letter on their breach and bad faith. You could include counter offer while demanding clean title and verification of debt. Otherwise u will take legal action and report to authorities. I’ll send link w examples and call u later. I’ve been trying but putting out fires on my end.
Can someone offer their opinion on re negotiating a loan modification where the bank has put me deeper in debt than the summary judgement did. I do not want to sign loan mod. Should I ask court for mediation to re negotiate.
Hammer, It doesn’t matter if there WERE a ‘club’, I’m about getting things done, not whining. Calling out a Corrupt Lawyer is something I’m famous for. I was on the phone to a guy named Bill McCullom in 2008 regarding all this “BS” (he was our then AG in Florida), because while not being a lawyer, I’m smart enough to see fraud on the Court staring me in the face. It took 6 more YEARS to Get David J. Stern, PA DISBARRED. So unless You’re willing to sign on for 2-4-6 Year FIGHTS, while incorporating JUDGES, about a dozen Defense Lawyers, and collected depositions demonstrating Fraud, from the top to the bottom (and visa versa), You WON’T Prevail.
The Florida BAR when acting on complaints makes Snails appear to be the Space Shuttle for speed.
SAME Can be said for the Florida Judicial Qualification Commission. Like the FDLE, FBI and ALL FEDERAL AGENCIES, unless You hand them ALL the research, ALREADY DONE, and a Ready for Grand Jury Prosecution, (so they literally have to do NOTHING….heaven forbid, GOVERNMENT EMPLOYEES with 6 figure salaries, being ASKED to do REAL WORK?! OMG, the HORROR!) You can expect to be kicked to the curb, REPEATEDLY. Please don’t think this is being a ‘smartazz’; wasn’t intended that way at all; however after a Governor’s Emergency Executive Order to sustain a town, compliments of my research and 5 attys’s/firms now dismissed/disbarred/fined/sanctioned compliments of a little PITA named “me”, I have zero minutes remaining in this life for those who want to whine, here or anywhere else vs. Getting to Work to reverse the tide (of banks) which will never stop until we (and our progeny) are all penniless slaves, indentured to them forever. 95 out of 100 simply walk away. THEY are the segment we’ve done NOTHING about. Probably 90 of the 95 have fraudulent documentation, but we’ll never know.
BOBBI SWANN
November 24, 2015 at 3:34 PM
Mick – I can wholeheartedly see your point of view. Being in the banking industry all of my working life (44 yrs +) and being in a foreclosure case w/Chase since 2007 I am not making much headway to getting the case dismissed. I was pro se until 2014 (the first 7 years) and now have an attorney. Still going nowhere except for a lot of hearings set and then cancellations. Judges are corrupt, courts are corrupt… No matter how much documentation presented shows an invalid debt, robo-signing, fraud…it doesn’t matter. I do have hope, however, if Trump makes it to the Whitehouse and starts getting rid of the cronyism in DC. I already got one foreclosure dismissed w prejudice on another property and I plan on the same here but planning and actually receiving it are two entirely different paths. The court readily recognized the fraud with Citi on the first case; but not so easy this go around.
Mick , we’ve already given affirmative defenses in fact there were 2 trial dates that were set in June and both were cancelled. I just find it strange that’s it was dismissed. Now we have a statue of limitations issue In Floruda it’s 5 years. Now the bank has new attorneys. So I guess we will see how that goes. There’s still a pending motion that our attorney filed and from what I know until it’s answered they can’t even file another suit anyway
Kent,
When Cases are Dismissed, it’s because there’s about a 98% chance they found FRAUD in their own Documentation, or holes in it’s timelines.
I’m sure Your attorney[s] are waiting for a more concrete opinion on Bartram which is good (regarding the S.O.L. on FC’s) although none of us has a read on how the FLSC will rule.
IF they determine to allow new acceleration after former acceleration (simply moving to the next available months’ payment that is within 5 yr. S.O.L. and pursue all other payments prior the S.O.L.’s installation/tolling) which is likely, Your attorney[s] need to know why that dismissal was proffered. If there are fraudulent signatures, improperly filed documents, standing issues or missing chain of title issues, I find them. Email me, I can send You a sample report. You’ll be impressed. More importantly, Your Attorney[s] will be impressed.
-Mick
Ben Howard
November 23, 2015 at 5:28 PM
Mick,
Please email me Sample Report, benhoward321@yahoo.com My case was dismissed, and it was beyond the (5) year Florida Statue of limitation, I am aware of the Bartram case, and the Florida Supreme Court, pending action, if they rule in favor of the banks, how big a problem will that be homeowners? Thanks Ben
Mick
November 24, 2015 at 1:19 PM
Ben,
Will reply directly 2nite when more time is available. Simply put, if they (FLSC) rule in favor of the BANKSTERS, in Bartram, Former Defaults be danged, ALL Remaining Defaults (starting at the oldest monthly payment default prior the 5 year BACKWARD S.O.L. is VIABLE place to start for NEW and REPEATED FORECLOSURE PROCEEDINGS, for virtually EVER. This crap started in 2000 +/-. On a 30 yr, fixed, the S.O.L on that FC Series of Actions would toll in 2035. Until then they would be able to file, repeatedly against You, over and over and over, until they finally get their feces high and tight and eventually prevail. Because eventually You either give up, DIE, or they prevail…if they get an eternity of ‘do overs’ (which was their oral argument in Bartram, and they REALLY Believe that….NOBODY gets “Free Houses”… but them of course).
YOU, Ma’am have a VERY GOOD Judge!
You NEED to find someone (even if not an attorney, a forensic loan auditor, or chain of title/foreclosure documents examiner) who can determine IF Your Plaintiff’s Lawyer Isn’t Wanting to come to Your Neck of the Woods for FAR More than it just being unattractive to Her….? She may just KNOW they have problems with Your Case. I’d offer to help You but I know NOTHING about KY Foreclosure Laws.
Yes sir I do:-) & yes there’s a lot wrong,she submitted forged documents to the court,I have a witness statement from realtor present at signing/closing of my loan,Nothing has been recorded ever,default was manufactured by servicer over forced placed flood ins never needed,chase is SERVICER only,I have never had loan w/them.bought my 1st home in 2008, chase became servicer of loan 2-09,,,its a living nightmare
Mick
November 20, 2015 at 11:04 AM
“Yes sir I do:-) & yes there’s a lot wrong,she submitted forged documents to the court,I have a witness statement from realtor present at signing/closing of my loan,Nothing has been recorded ever,default was manufactured by servicer over forced placed flood ins never needed,chase is SERVICER only,I have never had loan w/them.bought my 1st home in 2008, chase became servicer of loan 2-09,,,its a living nightmare”
Angel, Every THING You stated in the Reply above, is in my opinion (as a non-lawyer, giving a non-legal opinion, which means it isn’t even worth that proverbial “2cents”) absolutely challenge and should be alleged and thereafter proven in an evidentiary hearing! IT’S NOT a “living nightmare” regardless of what You assert….I know tens of thousands who were foreclosed on who’d LOVE to have had ANY of Your above issues to contest, where the florida rocket docket never allowed them more than 1minute30 seconds to present their case! Stop Whining and Either do the research to Find a Good Attorney who’s willing to fight FOR YOU, or put on the whole armor of God, get some knowledge (because it’s out here all over the internet), and get ready for the Fight. Remember, aside situations like YOURS (a respectful JUDGE who KNOWS they have all kinds of flaws in their paperwork, and he’s simply waiting for YOU to RAISE those Points in Motions for Dismissal, lack of standing, fraud on the Court, failure to state a claim, etc.), most folks are in front of bias Judges, being told THEY have no case, and to GET OUT OF THEIR OWN HOMES, because: “Nobody (but the banks) Gets a Free House”.
Find a local LAW SCHOOL and go see one of their Real Estate LAW Professors, asking who they’d suggest of their students who could help you, Pro Bono Firms that would help You, folks that He/She TAUGHT who are now out on their Own, and GOOD, but still inexpensive for the right client….do Your Part in Your Own Defense!
You should look in to David Ham v. Nationstar, Florida 1DCA, Opinion published 5.12.15, regarding the forced placed insurance issue. I doubt Your Courts would look to another states’ decisions, however, there HAVE TO BE other cases, where folks had a similar act conducted by YOUR purported “lender”, in YOUR State. I’d practically Guarantee it! Your Appellate Court(s) have already, probably ruled on EVERY ISSUE You cited above, reversed and remanded, for involuntary dismissal, Or VACATED the former judgment[s]. That’s called CASE LAW, and Your Judge NEEDS some, cited by YOU in Motion(s) for dismissal, lack of standing, manufactured default(s), fraudulent documents, nothing being recorded, etc., etc. Until an Attorney OR YOU, pro se/pro per put on the armor, Your big girl pants, and walk in to Court asserting Your RIGHTS and their Lack of a Right to Pursue You, or this ‘purported’ debt. Make THEM Prove EVERY THING. Since they can prove nearly Nothing, move for dismissal (or simply put, that’s what I WOULD Do)
Hoping this didn’t come across to harshly, & something gleaned above helps You
(as I’ve met lots of ‘whiners’ who claim “it’s a nightmare” but still want somebody else to do everything for them, for their own defense, rather than paying for a competent attorney who could WIN the Case for them Inexpensively, based on their documents and facts of the case).
Respectfully,
-Mick
Angel
November 20, 2015 at 11:22 AM
Mick,,I’m in no way whinning,& I have raised all claims in motions I’ve filed:-) I’ve filed motion to dismiss w/predjuce due to no standing,fraud on the courts,false cause of action,forged/altered documents,I have DONE all you’ve mentioned except talking to law school,,,that has entered my mind,as to a ”lawyer” did that to,had one for 2years he did nothing but promise a lot while changing firms,3 in 2yrs,he did nothing,I fired him…been pro se now since 2014,I practically live at local library,& no I don’t think you’re coming off harsh,your passionate about this topic:-) & I VALUE all info I can get….but yes sir I’m fighting HARD:-)
Mick
November 20, 2015 at 11:54 AM
Angel,
OK, Now I DO FEEL Better!
(1 for not offending You and
(2 for knowing You’re a FIGHTER!
I also feel worse because You got a clown w/JD behind his name who rode Your gravy train for as long as he could.
That said, the law school Idea isn’t original, I did it years ago when suing a municipality over elections, voter ordinances, and an unqualified candidate, although the suit was primarily around failure to produce requested public records.
The “old salt” emeritus Professors at the law schools, invariably not only know the PERFECT Lawyer to help You, they know the Judge[s], the Plaintiff Counsel[s] and more. They can (and usually will) Hook You Up with a GR8 Counselor.
Just remember when talking on the phone, in person, via email, all or any initial method, keep it VERY SIMPLE. Point out the MOST Substantial issue[s]. Seriously GOOD Lawyers are extremely protective of their TIME.
K.I.S.S.
WHO-What-Where-When-How and WHY (only the last if he/she ASKS).
Have ALL YOUR DOCUMENTATION in CHRONOLOGICAL ORDER from NEWEST to oldest, make a complete copy and give them the record copy You make.
Ideally, present to them via email so they can digest and have good questions when You finally visit them. There are Many sympathetic (AND GOOD) lawyers who are willing to either take on, or make suggestions to, Serious FIGHTERS that they respect for never surrendering. If not pro bono, they’ll usually offer You a dramatic discount as You’ve (1-been burned by a moocher w/JD behind the name and 2-) Already done a significant amount of the research necessary for them to move forward, ideally, for success in/on Your behalf. They will likely want to know Your ‘exit strategy’ so have one. IF You believe the debt is valid, (excluding the F.P. Flood Ins.), mediation might well bear fruit, just remember he/she already KNOWS They can’t be trusted and You NEED somebody who will take the time to read Every Word of any ‘modification’ agreement.
Shutting up now,
-mick
Yep, investigated by the Florida Atty General office for fraud and robo signing….to my knowledge the investigation is still showing as ‘open’. Be mindful and do your homework/research. This one is a real bad one!!!!
On what grounds was Your case dismissal? shapiro, fishman & gasche is a pack of sharks. They’ll lie, cheat and steal, right in front of Your Judge, so leave Your wallet in the car. Never let them near Your home….when they leave even Your dog’s pregnant! You need help looking at the documents they submit, they’re masters at submitting fraudulently prepared foreclosure documents, and again, don’t turn Your back on them for 1 second.
Kent
November 20, 2015 at 10:27 AM
The law firm that the bank was using was bought out 2 weeks later the new law firm dismissed the case They never gave a reason. I’ve been fighting this for 7 years
Mick
November 20, 2015 at 11:27 AM
“The law firm that the bank was using was bought out 2 weeks later the new law firm dismissed the case They never gave a reason. I’ve been fighting this for 7 years”.
Kent, You’ve been fighting ‘what’ for 7 years? The new law firm dismissed, that means the former law firm had a ‘cluster’ which couldn’t be remedied. IF they haven’t re-filed, You have (again, not a lawyer, never played one on tv or radio either, and this isn’t legal advice, just what I WOULD Do if it were ME) it seems to me, an excellent case for slander of credit and title. They don’t have to give a reason, they can withdraw the complaint at any time prior Your submission of answers and affirmative defenses. After that, it gets complicated. Who was the Former Law Firm? (& fyi, they don’t normally get ‘bought’, they usually get ‘acquired’, as in multiple principals are being investigated, disbarred, whatever and the firm sees transfer of all assets/clients/files to another, more ‘reputable’ firm to be a ‘timely’ and appropriate decision. The LENDER has to authorize the transfer and the ORIGINAL Lawyers likely needed to be the ones filing for the dismissal; without a motion and an ORDER from the Court recognizing the new counsel, and dismissal of the former counsel, the new attys/firm couldn’t legitimately do anything?
IF they re-filed, compare the original complaint to the new (&/or Amended complaint[s]), because there are (likely) defenses for You in the original that they have (likely) attempted to remove w/the re-filing.
Just my 2 cents,
-mick
Kent
November 20, 2015 at 12:13 PM
We’ve been fighting the foreclosure suit for 7 years. The banks former attorney was Ronald Wolfe and Associates. Aka Tampa Default Law Group. The bank hasent reviled yet and there’s a pending motion on our old case for reimbursement of attorney fees and cost
Mick
November 20, 2015 at 4:10 PM
Kent, it’s FLORIDA Default Law Group and they were shut down amid
And FINALLY, You just need to take the time and compare Your complaint[s] and motions filed by FDLG And Current (bank) Counsel and square them with THIS:
FDLG was a train wreck. I saw more than 1 of their complaints, and they replaced Stern as ‘worst of all’ (even more so than Shapiro-Fishman) for a few years. YOUR Dates match up sufficiently so that I’d bet a dollar there’s foreclosure document filing/recording fraud & likely mortgage foreclosure fraud in Your case (& I’m not a betting man, at all, ever).
I can help. (didn’t know You were in Florida until You posted ‘Tampa DLG’).
You need an examination of all documents in Your case, from acceleration letter (prior Complaint Filing) up to and including Your motion for fees and costs; You can contact me at: petemichaels1@comcast.net
anybody had any contact with Albertelli law in florida, another bunch of hood attorneys, filed all kinds of erroneous docs that didn’t apply to my loan, plus the default date on the complaint was wrong. I was in a forebearane but no attorney I had would bring it up in court. do I have any grounds to get judgement reversed.
Kent, I noticed we both have the same legal counterpart from TAMPA. There is many good things to learn from prior experiences these folks acted on ……. contact me if there is anything that we can learn more on this FUTEX@hotmail.com
Hello yall:-) well recent events,filed motion for status conference,went to court,the law firm against me sends yet a new lawyer,not same I’ve been dealing with,makes about 16lawyers now I’ve dealt with from plaintiff,chase..well judge ordered mediation,,,my question is am I required to have a lawyer with me during this?& what am I to expect? THANK YOU in advance for responding:-)
I am not an attorney and this is not legal advice.
Take an attorney with you. Or someone with extensive mediation/law experience. Often times at mediation (I am not familiar w/ real property mediations), a settlement is drafted. You will want someone there to review it.
Angel
November 19, 2015 at 1:19 PM
Thank u:-) &yea plaintiffs lawyer said they’ve went to offer settlement but our figures are far apart?& they HAVENT offered a cent,,,she lied to the judge on that.
after this huge RE MORT FRAUD/REAL ESTATE TORT committed against you the JUDGE order mediation?.. for what?. are they going to settle with you and pay you all Pain and Suffering plus mental anguish?…
most of these crooked low life lawyers are DEBT COLLECTORS Themselves! and they have been filing LIENS on PRE FORECLOSURE Home Loans.. this way they can file ANY BANKS NAME on an Unlawful Detainer in court and steal the property! YOU SHOULD WRITE YOUR OWN MEDIATION TERMS AND GO WITH SOMEONE! DON’T GO ALONE! make Them PAY YOU FOR ALL THESE YEARS OF TORMENT , PAIN AND SUFFERING! hope all go well.
Angel
November 19, 2015 at 1:40 PM
He shut the plaintiffs lawyer down,every time she spoke against us,he ordered mediation because of all the exhibits I’ve submitted read a complete different story than their claims,she said she was going to file motion for summary judgement,he said he will hold it in abeyance til mediation is complete…all his harsh,strong warning are directed at plaintiffs counsel,,he told them,I feel we have a great judge,,,he could of already ruled but is doing his best to see we get a fair shot at this:-) &he STRONGLY suggests we get a lawyer but I’m completely gun shy on that,last &only one we had was awful
Mick
November 19, 2015 at 6:30 PM
Angel, I’m not a lawyer, this is NOT Legal ‘advice’….but it IS some real strong “Suggestions”. “SUMMARY JUDGMENT” can only be asserted or delivered by the Judge by way of Order Granting same IF there are NO (read=ZERO) “Issues of Material Fact in DISPUTE”.
In Civil Cases, You win by a preponderance of the evidence (51% tips the scale in Your Favor)
In Criminal Cases, The Prosecutor must Prove ALL the Elements BEYOND a REASONABLE DOUBT.
Summary Judgment on the other hand REQUIRES Such a high bar it’s nearly impossible to reach in a REAL WORLD (as in former bank employee/bank attorneys NOT Sitting as Your Judge) scenario and Courtroom, they have to prove BEYOND ALL DOUBT that You have NO Substantive ISSUE of Material Fact that YOU can assert….NOTHING. They DID Everything PERFECT…..period.
Summary Judgment is a joke, I’ve never seen a proper one yet (& I’ve been in the court room for Thousands of these actions).
HTH,
-mick
PS: the advice to take another person (or TWO) with You to ‘mediation’ is a Very Good Suggestion.
Lol,I know I’ve been waiting for it to go differently due to the horror stories I’ve read,,but I’m from a small ky town,& I hope I stay a step ahead of the crooks,plaintiffs counsel hates coming here,&was doing everything she could to have the mediation on her home turf,,,didn’t work:-)
Angel, I’m not an attorney. I’ve been fighting my own battle with BOA the past 7yrs.
Wow, 16 lawyers!
If you don’t trust or can’t afford an attorney, hire your own court reporter to be there for the mediation. The other side takes notice if you do that because they know if they treat you unfairly it can be appealed to a higher court along with everything they said and did during the mediation. Around here it cost $150. But it’s well worth it in the long run. Also, if you go to You Tube and type in something like….”what to expect at legal mediation” several videos should come up that tells you about it., some are done by attorneys, and some by law instructors. That method has helped me a lot.
Interesting what u don’t see first time around.
Says Title Insurance to Chicago Title Then a line with Lender’s coverage for full amount of principal Then a line Owner’s coverage 0 All misleading, deceptive:
Look on the column heading for “seller” and see if that Owner’s Policy (for you) was paid on behalf of the seller. It is not usually paid by the buyer (you) so on your side it would probably be 0 but the cost would show on the seller’s side of the closing statement. When you got the recorded Deed sent to you from the title company after the closing, didn’t you also get an Owner’s Policy attached with the recorded deed? Highly unusual that an Owner’s Policy would not be issued, very highly unusual.
Ok I think it was a condo or townhouse, but when a title company does a search, do they only access local public records info or is there somewhere else they go to get a more in depth search of the property
A condo would not require a survey b/c they don’t own the land but a townhouse is different – they own the land in a townhome. Title examiners have several places for searching title and that’s why it would be a good idea to ask for a copy. Tell him to ask for the ‘marked up’ copy of the title exam.
As a former title searcher, for a former title company, decades ago, we went to the Land Records/Clerk of Courts Official Records Vault and examined EVERY Document recorded, related to the property, going back at least 4 previous owners or 40 years, which ever we hit first. For EVERY Mortgage there must be a satisfaction, for Every Deed there must be both Grantor and Grantee, those must all match as a ‘chain of title examination’ is completed. Legal Notices (& Liens, including Federal, like the IRS) are ALL recorded against the property. ANY unrecorded encumbrance is irrelevant in judicial states, as those document holders have to record same, to have a lawful claim. I have no clue what they’re doing now, as I’ve seen Refinances Executed while Lis Pendens are actively filed against the SAME PARCEL?! Can’t wait to see how that title company resolves that one?
Bobbi yes it was a warranty deed and he paid cash for the property. Title insurance was paid by seller and the closing was done thru a local title company. Thks
I don’t know why the title company would place that verbiage on a General Warranty Deed but if he got an Owner’s Policy, which should be issued within 30 days of the closing, I am going to suggest he go through that policy or better yet, have a Real Estate attorney look it over for him. In the meantime, he should ask the title company for a copy of the title exam which will show all the features surrounding that property. Also, hopefully, he also had a survey done as well. Cash buyers forget that surveys are an EXCEPTION to title unless a survey is done.
If banksters don’t enforce title insurance because they may discover something that weakens their position is another sign that there is no integrity in our institutions. Lms the key point of TILA rescission is you take it out of lawyers and court hands if you have cause to file. If you have doubts or are fearful of filing then u pay someone like Garfield. If the servicer has lied to u ie no truth in lending if they jerked u around instead of verifying debt sending the notice forces them to prove their standing and debt. Where’s the disconnect? That somehow we are trying to get out of our debts and should be fearful of being called deadbeats is the lie and shaming they’ve used against us, about 5 yrs late. You urself and all of us as far as I know tried to resolve our debt but their manipulation and ADMISSIONS brought to question if there’s any debt at all. U still think we should beg for ANOTHER bogus offer? Makes no sense.
bobbi, just curious regarding title, my friend bought a property and on the deed up in the left hand corner, it read “indv to indv”. to mean from individual to individual I am assuming. I have never seen this on a deed and to me it looks like the deed is only as good as who transferred to the new buyer. can you explain , thks.
I don’t recall ever seeing that kind of verbiage on a deed transfer but what kind of deed is this? A general warranty deed, a quit claim deed or what? Was it prepared by an attorney or a title company? Did your friend have this financed and if so, did he get an Owner’s Policy? If he was a ‘cash’ buyer this is the problem when they (the buyer) doesn’t take the effort to protect themselves….
incog, I agree, but bottom line you have to pay somebody and it is better to pay than look like a deadbeat in the court. work out a payment you can afford with the bank or whoever claims to own the note and mortgage. If you cannot afford the house at all, then maybe its time to leave it. Sure its about principles with me too, but bottom line you signed a mortgage and note and owe it to someone. you were not coerced into the loan at the time were you and you cant deny that you signed the mortgage and note paperwork , can you? really? I contacted neil, he wanted $600 an hour. Tell me who here can really afford that outrageous charge. We do know as much as the lawyers and probably more with our combined research and experience. neil wants to put his panel together with high rollers. We should be that panel. believe me im on everyones side here, but I am not going to further support anymore attorneys. and this TILA rescission idea, ok it maybe great, but I would do my research before I send in that letter that cancels the note and mortgage, you still signed it. I have just seen what goes on in the local courts here in florida and it is a circus, absolutely no method to the foreclosure frenzy going on in the courtroom. I am just saying keep your hard earned money and spend it wisely. there is enough information on this blog that can help you proceed pro se. lawyers just know the formality of the foreclosure courtroom which in my opinion is a joke. none of these lawyers had enough experience in this fraudulent mess. I think the TILA recission is just another money maker for the attorneys. I am just trying to get people to really think here. that’s all.
trev, don’t we all recognize by now we are all being scammed. Just work it out with your servicer, mortgage company and then like bobbi said, make sure it is recorded. What is the point of the fight if there is no intention of remaining in the property. We all got seriously scammed, just learn from it and move forward. What is the fight really worth to you? its better to try and work out a payment than keep fighting them on technicalities. It only makes us look bad in the eyes of the court with stall tactics. even neil is still trying to drum up business. we are the peons that got scammed. learn from it and move forward. these attorneys suck and they will take your last dollar, now I ask you again, what is it really worth? either get a loan mod and pay it or give up the property legally and move on. I don’t see any body moving forward on this scam unless you have tons of money which I don’t think anyone here has including me. there have been multiple wrongs done to all of us and still no justice. Sorry if I sound like a whimp, but I am tired of all this bullshit and no one getting any true justice, with or without prejudice, do you want to spend your life in a courtroom and upset all the time about injustice. It aint gonna change anytime soon and I am in midlife and want to enjoy the remainder or my life if that is possible because when I bought my home, I felt so proud to own the home and now the termites can eat it and I don’t give a shit. probably a blessing in disguise!
In the eyes of the court, SERIOUSLY??? THEY ARE CRIMINALS!!!! If YOU want to pay an entity that is not owed any money, you certainly can do so if that is your desire, others will stand their ground on the principals of law and order!!!
Maxwell silver hammer…
many thanks for the lead. I’m over the house but want the stain on my credit/judgment cleaned and I want to give Bieter a chance to make it right….i fight fair but am inches away from just writing a formal reprimand of the no-show judge….for documentation purposes….& for the next generation of fighters.
the day I lost in ’09 the headlines were that all 50 atty generals were going to ‘get to the bottom’ of this. 9 yrs later I think we are at bottom…idaho hates its non-mormon citizens….not my idea of a State…more like a cult territory in need of guidance from above. V tired of babysitting but the road is long, the reward….worth every tear so they say.
I can feel it in my lucky barometric knee cap…we are close… i can just feeel it.
if anything/anyone else can help w the next move (it’s mine)…chime in. 150 heads are better than one.
I will say this… Ocwen Financial is very attentive when I call, its like I’m now the debt collector….they are very ‘on edge’…and may just make it right???
I can do 2nd grade math….the extra three years were for the daily offshore phone calls..’TwayBor you owe us Mo money….youpaynow!!!!..some calls were at 6:30 a.m… hundreds of them in over 2.5 years…it was torture, and I have been tortured… like south pacific locusts….pinching and biting..locusts lying….all in the name of ‘mo’….a land grab w no one at the register…no one minding the store as they used to say.
they hired people in India and Asia to termite my American Dream, my life savings.., they fired Americans and hired boiler rooms of non-Americans to steal Americans’ private property. ..not as a means of last resort but as means of first and only option…w no regard for law or American Values..gnaw..gnaw..youpaynow or else TwayBo… ugghh. Broken English….broken dreams.
Silver lining, ha…i’ve learned more in the past 10 years about greed, integrity, community, neighbors, god, dreams, american financial regulators & regulations, distric Courts and small town politicians….fraud….white collar crimes…american business egos…comptroller of currency responsibilities…police detective work…cover ups….and if i take a step back…i’ll notice an entire industry being body slammed by lady justice….who is not blind at all…hitting every target … the CFPB $2.125 Billion citation recently written to Ocwen Financial ….is the harbinger..just in time… just think… $125 million / x …. where x = # of people who lost their shelter to fraud….who may be tired…maybe back on their feet…but one thing is for certain….Ocwen will now be Defendant in dozens…hundreds….’000$ of lawsuits?? crime don’t pay….
as soon as i get my ducks in a row…i’m filing a federal civil suit against fannie mae’s new cxo….david applegate. he was the ceo of american home mortgage & servicing 3 (to a higher power…no really…that was their logo)…yeah so i’m going to hold him accountable for his broken promise….after ten years of payments…20 month resolution on a friday…dave’s promise..home went at auction the next monday….and according to CFPB…the foreclosure was riddled with fraud…knock-knock…uncle RICO…?
God is so good. A real world education…in real time. Nothing but net…highwire walking w no net.
Just my dream in a fair shake. A chance to fight for the light…for justice.
So help me/us God. Graziadio.
humbled…. kPoW!!!! tko… i want to do other things w my life… i want closure.
we all do.
Trev – very well put but I’d like to ask you to put those same words in a complaint to the CPFB (Consumer Protection Financial Bureau). If they resonate with them the way they have on this site, I think you would be surprised. Better yet, send a copy of that same complaint to your local news media!
Trev just saw a post re motion to vacate judgment for CA, maybe something similar. Some legal services claim they can reverse sale up to a year after. I would look at Mains? Case who is suing for damages instead of reversing sale. Then again Garfield says rescission cases can be reversed. But if property has been sold to innocent 3rd party that could be end of the line as to property.
Not necessarily true as to the end of the line. There have been cases where the property title was reverted back to the original owners. That’s why 1) Lenders of REO properties don’t do Warranty Deeds, and 2) always do your research on a REO property before you purchase it.
Hammertime
October 26, 2015 at 4:35 PM
Definitely not absolute. In CA there is strong language as to bona fide buyer. Then bona fide becomes an issue. As to TILA sale also criteria along with consummation. Basically tougher when sold to innocent 3rd party rather than reverting to bank in CA.
There is no sol in fl for verifiable
Fraud. That’s just it though
The fraud does not seem to end. They do not want us setting any precedent for fraud. Just imagine what a snowball effect that would have in the courts just when the courts thought there was a light at the end of the tunnel!
If I lost my home to a Summary Ruling….MetLife 2012.. but then…after the fact discovered fraud in their filings…can I ask the Judge to reverse the ruling? re-open the case to consider more facts…like metlufe’s barring from the industry…a Pete Rose so to speak…
If anyone has a term or process that might allow the Judge to save face and allow justice to stand…please post or text/call.
208.703.9525
I basically want to say, ‘hey Judge Bieter, we were both lied to…robbed…can you reopen the case….?’. I am not able to find an honest attorney in Boise…
I am ‘qui tam’…
I think I am within SoL for fraud served on Courts.
Sorry but you have been misinformed. If the judge rules in their favor they can’t.collect on any of the past due only from the time they choose a new default date
It’s up for ruling next month which is November that’s why the banks lawyers arguing about being able to refile. You can google up coming Supreme Court ruling in Florida
Well after almost 7 years we have won a small battle. The bank took a voluntary dismissal without prejudice so I guess we will see where it goes from here
The Supreme Court here in Florida is going to make a ruling in cases that are dismissed with prejudice possibly allowing them revile using a different default date
That wouldn’t surprise me,however if its dismissed w/prejudice due to fraudulent actions,such as forgery I don’t see an overturning that:-) fraud on the courts,false cause of action,to much we can fight back with if higher courts do so…:-)
Isn’t that like double jep?,,,Couldn’t prove case to point of dismissed w/prejudice,but allowed to ATTACK on new dates???if that happens to whom ever,,,,I pray they go straight to media,,,seems like the cases in media move quicker but opens homeowner up to entire world,when your already feeling invaded…..I mean my god:(
What ruling? It has always been fact that dismissed with prejudice means that they can refile again. They could only use a difference default date if they modified the mortgage and it went into default. Where did you read or see about a Supreme Court ruling on this matter?
Angel
October 26, 2015 at 12:33 PM
My understanding is plaintiff CANT bring same cause of action against defendant,meaning default,,,was cause of action,not the date of default,,,or have I been mis-informed?
BOBBI SWANN
October 26, 2015 at 1:23 PM
A lender can always bring action on any default – which there are several in your mortgage. For example, if you change the title on your home that could be constituted as a default under the Due on Sale clause. And, yes, they can still come back on a payment default. Each time that you default on your mortgage is a warranted time for them to file foreclosure. Just because they lost on one payment default does not preclude them from filing again if you default once again. Since lenders don’t accept any payments once foreclosure is filed (except under a loan mod) then I’m not sure how the courts will look or set the default date if the total amounts due and owing at the dismissal is not paid. Again, if you don’t pay the outstanding amounts declared as delinquent at the time of the dismissal then they could literally come back in 90 days and refile another foreclosure. Maybe this is what this new ruling is supposed to clarify – I don’t know.
As Bobbi explained to me the bank has the lender policy to retain first position should any claims arise from the borrowers side. I would think a borrower would want title insurance especially if it is an all cash transaction not sure if it is required in Ca but in Florida seller always pays for policy
Bobbi thx for explanation. On my loans there is only one entry itemized as title insurance. Doesn’t appear borrower’s title insurance is required. Later confirmed “lender” on note as beneficiary. I’ve raised evidence of broken chain so why wouldn’t “lender” make a claim? When there’s a sale of loan wouldn’t the beneficiary change? Seems this is an area that raises question of parties and transaction.
Title insurance follows a file when it is sold to another lender via the Assignment of Note & Mortgage. If you have proof of broken chain of title then you can file the claim yourself. Lenders are less apt to do that as it may lead down a road where their lien position is not firm. Your title insurance policy was more than likely paid by the seller. Look on your HUD-1 closing statement, Page 2 to see if the seller paid for your Owner’s Title Policy.
Hammertime
October 26, 2015 at 11:54 PM
So then i should see if I had owner’s title insurance down the line. Prob a long shot but u filled in the gaps.
Since they are not aware of any type of lien or other title matter that may have come up since the inception of your mortgage when it was recorded, they will add that language to protect their first lien position. For example, you may have been involved in a lawsuit that ended up with a lien against your home. Your lender would not have been notified of that recordation. You could have marital issues that effect your title. The lender, prior to a final modification (which, by the way, you should demand to be recorded) will do a title search to make sure that they are still in a first lien position with no deficiencies on title.
ok thks bobbi, that makes sense and that would be the only thing that would make sense out of this mess and I will demand (for what its worth) that they record this one since they reneged on 2 others that I fully executed and they did not.
Lender’s can’t ‘cash-in’ on a lender’s policy unless there are title defects. The insurance is in place to protect only the title to the property – not for monetary default on the mortgage.
I got nothing with my refi, but I did have my title policy from when I bought house which is pretty much null and void at this point. I got no title policy with my refi at all which is theft in my opinion since I paid for the policy. this is another reason why they push the foreclosure so hard because if we had been issued a title policy, we would have a copy of and since we don’t, well!!!!. We paid for something that never existed!
When you refinance, whether you cash out or doing so for lower rate or term, a new owner’s title policy is not issued. A new lender’s policy, however, is required for the new loan amount even if the lender is the same one. The title company or closing agent may issue you a discount if you have the current owner’s policy (re-issue credit) against the new lender’s policy. When you pay a fee at a refinance for title, it is simply the new lender’s policy you are paying for. Your original owner’s title policy stays with you as long as you retain title to the property.
Lms u made a key point down there that there was no real title search. When I did refi in 04 I received complete title report although I did not get title insurance as we are led to believe when we’re charged at closing for benefit of bankster. All I received after loan with Chase in 07 was policy w Chase Bank USA as beneficiary.
Hammertime – understand that there are TWO policies issued for title insurance when you purchase a property. One is lender’s title and the other is the Owner’s Title Policy. One protects the lender as along as the mortgage is against the property and the other stays in effect as long as you retain ownership. Refinancing does not change the owner’s policy but if you pay off a mortgage in the refi with a new one, regardless of a new lender or the old one, a lender’s policy is re-issued for the new mortgage amount. Your original Owner’s Policy is typically paid for by the seller when you originally purchased the property but that can vary from state to state.
Hammertime
October 26, 2015 at 11:38 PM
Interesting what u don’t see first time around.
Says Title Insurance to Chicago Title
Then a line with Lender’s coverage for full amount of principal
Then a line Owner’s coverage 0
All misleading, deceptive
once i realized the RICO component to their shenanigans i took the step of involving law enforcement…boise police department specifically…i reported metlife…its ceo..and the lawfirm hired locally to conduct the fraud on our Courts.
you could FOIA it…Hitchin / MetLife. I have ZERO confidence in the Ada County Prosecutors office….w cause….so i did this more as a papertrail than anything else….something the CFPB and/or the Courts can point to. ‘someone felt they were subjected to white collar crime…and said something…to someone….’
i type this as i hear my 3rd service Labrador fight for her life after being mauled by a pit bull yesterday ..in the worst part of town….where we rent now…no pride of ownership.
the houses w fenced, secured yards stolen by Ocwen and MetLife were in the best part of town. american dreams decimated by corruption of our Courts and ‘leadership’… judge didn’t even show.
so yeah…if you’re going to fight, use your smarts….use the police for documentation of the crimes….pressure your PA to press charges…use the reports to build your claim with CFPB. Remember….they are the 800lb guerilla in the jungle now….and there are now ‘skulls’ on poles for other banksters to point to….so re-evaluate your path to settlement and know that I plan to report both banks to CFPB shortly…my new big brother/silverback.
this may be useful full post for full effect –
and remember UDAAP, Unfair, deceptive and abusive practices if I got it right!
excerpt on transfer rules may apply to bulk transfers:
“On the other hand, CFPB examiners may consider the following practices, among others, as
indicating that a servicer’s policies and procedures are not reasonably designed to achieve the
rule’s objectives of facilitating the transfer of information during mortgage servicing transfers or
properly evaluating loss mitigation applications.
As a result, the servicers required borrowers to submit additional paperwork or to provide copies of financial documents they had already submitted to the transferor servicer. These servicers also subjected some borrowers to substantial delays while reunderwriting their loans. In some cases, the borrowers subsequently received a new modification with inferior terms, and in others, the servicer actually conducted a foreclosure sale. In all of the cases discussed above, CFPB examiners concluded, based on the particular facts, that the servicers had engaged in unfair practices and directed them to adopt policies and procedures to prevent continued unfair practices in this area and to remediate harmed consumers. CFPB has previously publicized these findings in Supervisory Highlights.8 Certain CFPB examinations, which occurred prior to the effective date of the new servicing rule, found that these practices violated the UDAAP prohibition; under the new servicing rule such practices may also constitute violations of 12 CFR 1024.38.”
We released Version 2.0 of the manual in October 2012. Since then, we have released new chapters and/or updated chapters, as listed below. Please review the list below to make sure that you are referencing the most recent version of the chapter that you are interested in.
October 1, 2012 – CFPB Supervision and Examination Manual – Version 2.0 (PDF)
Updates in reverse chronological order are:
September 15, 2015 – Mortgage Origination exam procedures – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
September 15, 2015 – TILA Procedures -TILA RESPA Integrated Disclosures (applicable for examinations after the October 2015 effective date) – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
September 15, 2015 RESPA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the October 2015 effective date) – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
June 10, 2015 – Automobile Finance examination procedures
May 4, 2015 – Mortgage Origination examination procedures – Superceded on 9/15/15 (see above)
April 1, 2015 – RESPA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the August 2015 effective date), and Mortgage Servicing Requirements (January 2014) – Superceded on 9/15/15 (see above)
April 1, 2015 – TILA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the August 2015 effective date), and Higher-Priced Mortgage Loan Appraisals (January 2014), Escrow Accounts (January 2014), and Mortgage Servicing Requirements (January 2014) – Superceded on 9/15/15 (see above)
February 18, 2015 – Credit Card Account Management examination procedures
May 2, 2014 – Examination report and supervisory letter templates (and cover letters)– revised format
January 10, 2014 – Mortgage Servicing examination procedures
December 3, 2013 – Education loan examination procedures
November 27, 2013 – RESPA procedures – home ownership and equity protection (January 2014) and mortgage servicing requirements (January 2014) – Superceded on 4/1/15 (see above)
November 27, 2013 – TILA procedures – Higher-Priced Mortgage Loan Appraisals (January 2014), Escrow Accounts (June 1, 2013), Loan Originator Compensation (January 2014), Ability-to-Repay/Qualified Mortgages (January 2014), High-Cost Mortgages (January 2014), and Mortgage Servicing Requirements (January 2014) – Superceded on 4/1/15 (see above)
October 30, 2013 – Updated Regulation E examination procedures (including remittance transfers)
October 22, 2013 – Remittance transfer examination procedures (Other resources to help you comply with the remittance transfer requirements are available here)
October 9, 2013 – HMDA resubmission schedule and guidelines
September 17, 2013 – Short-term, small-dollar lending procedures – military lending act
July 19, 2013 – ECOA baseline review procedures
June 4, 2013 – ECOA procedures – appraisal and valuation requirements (January 2014)
October 24, 2012 – Debt collection examination procedures
Learn more about the previous updates to the TILA, RESPA, and ECOA procedures in our June and August updates.
This examination manual provides internal guidance to supervisory staff of the CFPB. It does not bind the CFPB and does not create any rights, benefits, or defenses, substantive or procedural, that are enforceable by any party in any manner. While every effort has been made to ensure accuracy, examination procedures should not be relied on as a legal reference.
yes I am facing a time my self I ‘been lied to by Owen they sent me a letter saying that I owe 2.800 come to find out all that was put in bankrupt was274.00. later learn that they did not file they have stop payment cause me to become 8 payments behind and I have never miss payment in 3 yr.’s until they stop my payment’s and cause me to be delinquent is this even legal what they are doing now I’m facing foreclose .
ahh the stall tactic to put you deeper in debt. its part of their way to extort you. you have to prove that they purposefully delayed you or they have miscalculated their paperwork. by what youre telling us is that if you files bankruptcy and they did not declare all they claim you owe, I would think it would be exempt but I don’t know bankruptcy law. talk to trustee or attorney if you have one.
🙂 this is the best site created:-) &I know that,that’s why I come here almost daily,,,I get charged at times from the info,×(mostly) I read & pray,,,sometimes I get scared at how long some have fought,like omg this is never gonna end,,,,,but mostly I’m GRATEFUL,hate howI’ve met yall,,never less I’m grateful &wish ALL YALL resolution:-) 🙂
THANK U so very much yall:-) I’d go insane if I couldn’t talk to/about wat I feel as shame,,,,&I shouldn’t…but y’all know what I mean,,,ALL of your advice is sooooooo appreciated 🙂 🙂 🙂 DONT GIVE UP,CA– USE I’M NOT:-) 🙂 🙂 🙂 🙂 🙂
oh my, you really got a fraudulent trail of paper in my opinion. see they file crap after they put you in foreclosure. did they backdate it? who signed it. I had a blank endorsement and the person that signed it had nothing to do with mortgages. worked in credit card dept. what a maroon!
I would show judge payment history and the bank cant raise your insurances (unless force placed). flood insurance can get exempted or you can pay that on your own. I got Chase to exempt me from flood insurance because I am above flood level obviously or else they wouldn’t have. I had to go to my city and get them to sign some stuff plus give chase a copy of my survey and the fema map. sounds like they were just trying to price you out. I try to shop around if I can especially in florida with windstorm and I make sure I am getting all discounts that I qualify for which really does not make a lot of difference but it helps. you do have a difficult situation, but do not let chase bully you out of your home which I know is hard because they are the worst bullies out there.
Yea I done all of that,they still kept attaching policy’s,ruined us,then 2013 got a letter from chase I’m no longer required to have that ins.DUH….but damage done,&had been in foreclosure proceedings 3yrs at time of receiving that notice
Mick
October 21, 2015 at 6:44 PM
NOT “Duh”, You DEMAND an ACCOUNTING….since THEY were mistaken in overcharging, they Must Refund and Credit Your Account (IF they still even have authority to HANDLE Your Account?). That NOTICE Needs to be shown to Your Court, on top of everything else I’m reading here.
Actually LMS,
They can’t raise premiums PERIOD (we went through this w/WFHM, about 2 DOZEN Times, where they were committing Insurance Fraud against multiple Insurers for Flood. We had a Policy, they instituted an ADDITIONAL One to cover the ‘shortfall’ between Loan Amt. & Max Premium. (which was totally illegal, the FEMA RULES are for a reason, Maximum Coverage is for the STRUCTURE, not the LAND Value (same for all homeowners/hazard insurance policies) BUT, since the Second Policy was through THEIR Company….well, who’s really paying attention, right? Well when OUR payment went up $200. a month for the increased Escrows, I DID. & I Went to the State Ins. Commissioner, AG, and more….in the end nothing was done. But the Point is that they CAN and WILL (Just ask David Lee Ham who prevailed in the 1DCA) slap forced placed policies WHILE YOU HAVE FULL COVERAGE of everything You can Lawfully INSURE, already in Place. & NO, this wasn’t a WF only stunt….Nationstar, BoA/aka CWHL & more did it. Folks went IN TO FORECLOSURE fighting the stunt!
yes it will end. It sounds like it is just cat and mouse and they don’t have standing and cant prove anything and they know it, but who knows what is being fabricated behind the scenes. Tell the judge, you want no more stalling and also I would point out those 15 times postponement. I m surprised the judge has not pushed it forward so you need to. Sounds like you are prepared and they are not.
I would never accept anything less than a warranty deed from a seller, but these days even that is questionable.
BOBBI SWANN
October 22, 2015 at 11:40 AM
Just so everyone here knows: Fannie, Freddie or any other lender that is selling a REO property will NOT issue a warranty deed. The reason being (they claim) is that they are not the original TRUE owners and therefore have no knowledge of the history of the property. I do find that odd since most likely they WERE the lender who would have required clear title when the mortgage was closed! So, right there tells you that they already KNOW there’s a boggyman hiding in the woodshed.
The only assignment of mortgage appeared a YEAR after in foreclosure & was created by the law firm who initiated this foreclosure,I researched the people on it,notary,etc they’re ALL JP MORGAN CHASE EMPLOYEE’S???& assignment wasn’t recorded,
that’s just what I have been saying on Neil’s blog about title. with all these securitized loans, whether its a foreclosure or not, whose to say if you get a good title. but in florida, once foreclosed, the clerk issues a “certificate of title” to further the fraud in my opinion but the new homeowner kind of like gets an insurance policy from the court that the property is free and clear, but really sounds like the title company did not do a true lien search or you would have known prior to buying the house and you would have probably backed out of deal. Obviously your title insurance policy became null and void once the bank declared you defaulted so they had to set you up like that by saying you did not have insurance and they force placed it at an astronomical rate to throw u in foreclosure. mother******! did you get a title policy? These title companies are worthless too.
Angel, file emergency motion to proceed, don’t let them stall while they try to put their phony story together. If you are prepared enough, I would take them on, no more delay. I am sure the judge will be glad to end it. What are their stall tactics? If a trial date has been set, the judge really does not like to wait. Tell the Judge lets move forward and it they get judgement and you want to stay in the house, do a motion to mediate, or have a loan mod option after judgement. I did and that is why I am still in my home for now. Be prepared, I don’t know what state you are in, but there is life after foreclosure judgement. Have a plan B ready to present to judge if the bank gets judgement but only if you want to stay in your home. The longer it goes on, the longer your credit is damaged and in florida there is a civil procedure that you can open the case back up and may get the foreclosure reversed. its almost like they have to get the foreclosure judgement to collect on their insurances to pay whoever(probable themselves because they are so greedy) or to prove there was actually some kind of transaction period, no matter how inequitable it is. You understand what Im thinking?
THANK U:-) that’s exactly wat I will do,,,stall tactics to date,15different lawyers/firms,every new firm,I have to start over,I’ve done discovery 3times now to three different firms,they step up make demands I comply,they disappear…boom new one,,,,its crazy &I’m pro se.,,,should of been from day one,I’ve moved it further than my lawyer did,I’ve been in litigations now almost 5yrs????????no sale date ever,,,newest tactic plaintiff is trying,motions & I answer right back with my own,he calls & withdrawals his motion???????I mean my god,I need this to STOP!!!!!
you need to get your paperwork from insurance agent because if you signed up for escrow, you would get a copy of insurance statement that is forwarded to your mortgage company to pay. Surely your agent would have copy that insurances are paid since the policy generally gets mailed to you from your agent and if you do not get a copy of declaration showing paid then you would have been talking to your agent asking where is my annual policy. Wow you really got hit bad, but stay on them.
Got it,& yes my monthly pymts broke down as follows,598.98 principal/interest,252 escrow,escrow was to pay ins,taxes,etc…I made my pymts,chase used them as their personalpPiggie bank.I had ins,raised my coverage 2x’s ALL to stop un-needed flood policy attachments,didn’t work…tried to refinance to get away from chase before credit was destroyed,couldn’t collateral title issues,not vested ,,&chase flat destroyed our credit,,,,
I agree hammertime, its really her word against theirs. That’s why the closing docs she has could be real key. you know the bank has nothing. I would be curious to see what Chase uses to prove standing which we can all pretty much agree,will be fraudulent.
sounds like freedom mortgage is a broker and sold to chase but they still should have recorded the mortgage you signed at closing followed by a recorded assignment to Chase. They really have kept you in the dark. You have to watch the clerk of court website. Make sure they don’t try to record some phony paperwork after the fact. I have seen the MERS paperwork recorded. Did you get a deed to the property? With the courts the way they are,its easy enough to push any fraudulent docs thru the court, recording dates don’t seem to matter, but I would be interested to see what pops up under your name in the clerk of court website ( if anything) bank attorneys may think they have a slam dunk foreclosure waiting in the wings. With nothing at all recorded, anythings a wild card.
No Black horse financial was broker,FREEDOM MOTGAGE was lender,Chase was servicer I have all my papers,kept everything,including monthly mortgage statements….Chase breached loan agreements by force placed flood policy’s not needed,14 policy’s,in 11months & removed funds from escrow acct to pay for these,2,000 a piece,,chase created a shortage in my escrow acct & placed me in foreclosure,WITHOUT missing monthly pymts…the fraud in my case is sicking!!!!!
I’ve gotten a print out of my property from clerks office since this has began,,I have each yr,owners still say fannie Mae,we bought this from Fannie Mae 2008.it was a foreclosure retrieved property,I should of RAN…..thought we did everything right,had a broker,realtor,approval letter,credit,now WORST MISTAKE OF MY LIFE!!!!!LIVING NIGHTMARE:(
Angel sounded like you were shocked after all this lol Sounds like uve fallen through an even bigger crack than most in terms of paperwork. If tgere are no docs, recordings and ur not documented homeowner how can u be in a foreclosure court? You should be filing criminal fraud or complete dismissal but nit legal advice.
We had a lawyer for 2yrs,we fired him!!!!! All he did was change law firms &take our money,,he did NOTHING,he didn’t challenge Nothing,he started off strong,Words only,,he changed to 3different firms within two yes,,,,as to dismissal I’m trying!!!!have been now for awhile,ALL my motions include all the seek dismissal with prejudice,,,motions are in abeyance due to stall tactics by plaintiff
not even the mortgage docs? I would show the judge the closing docs if you have. It should be on your HUD statement. You were clearly defrauded as we all were, but even more so since you went thru MERS probably. If your mortgage and note would have originated with chase, it would have more than likely been recorded as such as mine was. In my case, chase used the fake POA to turn over to Fannie Mae. That was the stall tactic they used on me. They have clearly always held my note and mortgage (cant say too much) but they tried to pull that line that Fannie mae was the investor, but I was part of the WAMU and Chase merger which is a mess in itself.
As I read this I must share tha as of today, October 21,2015, it’s all still going on and nothing has stopped….MERS is still alive and well and the funding banks upon closing, the loan is pooled and sold!!! My son just bought a home and MERS is listed as the nominee for the lender??? Nothing is different with these fraudulent foreclosures, sorry to say
MERS has clouded title on over 75,000,000 properties to date, and while we scream to have Glass-Steagall (from 1932) REINSTATED because that’s the ONLY way all the value in EVERYTHING doesn’t get ‘securitized’, sold in to Trusts, and traded (& bet against) like rubber checks. Reading Banking Websites, here’s where we’re at:
Commercial Loans are being sold in to these Trust Vehicles.
AUTO LOANS are being sold in to these Trusts, and here’s where it gets REALLY CRAZY,
even LEASES are now being (as an UN-COLLATERAL-IZED / unsecured) ‘Securitized’, which means the Trusts are betting on all theses LEASEE’s Make ALL their Lease Payments, or “Poof” out come the insurers again to settle for the Trusts?! Folks we’re (and worse, our children and GRAND CHILDREN) getting SCAMMED With Every New Traunch, in Every New Trust these mega-banks create (which are by the dozen, per day, containing tens of THOUSANDS of Loans, each).
So ldynps, You’re absolutely right, albeit in understatement; They’re creating more debt than the world will be able to repay for a hundred years, if they keep up at the present pace, that creation will have been in 20 years, total. That’s all the time it took to bankrupt the world and leave Capitalism on the ash heap of history. I understand the mindset of the socialists screaming for bankers heads on sticks now (as a former banker myself). Just know ALL the major players in BOTH Political Partys supported and were enriched by this debasing of the value of ‘everything’ we consider to be of value.
BOBBI SWANN
October 28, 2015 at 12:51 PM
EXCELLENT post Mick. Education is the key and securitization and collateralization are not understood by the John Q public. We definitely need to bring back the Glass-Steagall Act or the economy is doomed along with this country.
No doubt Hammertime and Angel, Chase is head over heels in fraudulent paperwork. I am just waiting to see what else they want to forge in my name. They just keep digging themselves deeper. I say sit back and observe because at some point it will be so deep that hopefully they will not be able to get out and hopefully the govt. will stay out of it next time and there will be one.
Angel they can do whatever they want and you need to understand they’re trying to get away w crimes against, you need yo answer like lms is saying and charge them with their forgery or whatever criminal act. Sounds lije Chase is getting worse, they sent different originator to OCC and completely screwd up transfer to PennyMac. You nay want to review CFPB rules for violations.
They can get confidential papers that DONT pertain to that bank ANYWERE on what grounds? & I have plenty of exhibits included in the motions WAITING IN ABEYANCE,plaintiff has pulled stall tactic after stall tactic,,,but I’ve complied with EVERY request from plaintiff, & they have held me waiting for summary judgement motion they’ve claimed is coming for 5months now,,,no motion came only subpoena notice that I filed motion to quash,,,this CANT be legal right?
lms53
October 21, 2015 at 4:13 PM
you are supposed to receive a copy of all the docs you sign at closing prior to closing. I would look at those if you have. I would not give them anything that they can use against you (not that you would ) the way things are, they could take your confidential papers and doctor them (if you know what I mean). It is so crooked. Save you real ammo and go to federal court if you can. However, I don’t know how a judge would perceive that, maybe ex-parte kind of stuff, u know one sided like, but they play dirty so we have to. Call their bluff if you can!
Angel
October 21, 2015 at 4:27 PM
Ims53 we didn’t receive any papers other than loan app,ALL documents were signed the day we closed,two sets,,,,one stayed with me,other went with signing agent,lender of my only mortgage was Freedom Mortgage,they were to RECORD my note/lien/deed…..NOTHING was recorded,,,,paid on my home 3years,¬ listed as a homeowner anywhere but I’m in foreclosure,&have been since 2010…still in my home,but a prisoner,,
I have in my motions,false claims,false cause of action,forged documents,fraud on the courts,fraud in the indictments,no standing,invalid chain of title,I’ve raised the fraud in my case in courts,now waiting…….
Angel
October 21, 2015 at 4:12 PM
This was 2 Hammer time,it replied under me but meant for you hammertime:-)
Angel I would subpoena the closing agent. They know where your file went, (i.e underwriter, etc). I am not sure why the bank would subpoena your realtor. They don’t know anything, but the closing agent would and you might can get some info. from them. These title companies knew what was going on. They were cashing in on these loan shark feeding frenzie as much as the bank. They do the HUD statements.
They subpoenaed my realtor because my realtor was at signing of my home loan to another bank NOT chase,chase is trying to say I had loan w/them,NEVER HAVE,,my realtor filled out witness statement of signatures,initials she witnessed & they don’t match what plaintiff submitted to courts as originals.
Angel
October 21, 2015 at 3:38 PM
I included her witness statement as exhibit in motion I just filed yesterday:-)
lms53
October 21, 2015 at 3:43 PM
did they have an assignment recorded to chase? If not, its 100% fraud in my opinion. Sorry I cant be more help. I signed my note and mtg docs with Chase, but the note and mtg appeared different ( and I will not say how as I am planning on using it at some point) than the one they recorded in the clerk of court, but I would still ask the title company where the paperwork went initially. Who was the original bank/lender?
Angel
October 21, 2015 at 4:16 PM
IMS53,,No assignment recorded anywhere,bought this home in 2008,NOTHING WAS RECORDED.
I have a question,I received notice of subpoena to my realtor from plaintiff,(chases counsel) 5 DAYS ago,filed motion to quash subpoena on grounds of confidential papers plaintiffs were not involved in,& more exhibits showing the fraudulent actions trying to establish standing they don’t have,well just received email from plaintiffs counsel saying he received the file from realtor?????I filed motion to quash this subpoena YESTERDAY????? IS THIS LEGAL??????
Ben, I am with you. You are right, now is not the time to walk away.
The waters are very favorable for justice in this Chinese fire-drill of a carnival i have been watching now for 9 years. Let me share some very + news as of a couple hours ago….and Lord knows it’s been a while and we need it.
my second home stolen was a charming 2bed… corner lot…super exposure….close to everything…historic…a gem. David Applegate, former ceo of american home mortgage…after 20 months of chaos…finally agreed to offer me a loan mod…that was on a Friday in 2012.
The following Monday my 10 year investment…my home..was on the chopping block. Thanks Dave….now he is CEO ?? of fannie m.. Hmmm….
anyhow…i learned today that CFPB nailed Ocwen w a $2.125 B relief sanction. $125m in cash to those of us screwed by Davey boy…. I submitted my claim…today…nearly 3 yrs to the day. could there be light at the end afterall?
I do not lose my right to take them to Court if I do accept a settlement….same with FretLife…who..bytheway…is forever barred from writing home loans…karma. so justice shows up….late…years late for some…but she shows and she gives me hope. CFPB is the big kid on the block now…w very sharp teeth.
so chin up campers….its a new dawn & the wind is at our backs. I hope to report a win or two when this dust settles…. MetLife is going to come back to Idaho for our day in Court. This time WITH a judge present. No more RICO deliverance games. time to put your big boy pants on.
cheers… yeah turned a major corner in my own recovery this week. life goes better w O2.
wanted to say one more comment about the sleazy…crooked attorneys who molested our Courts….knowingly…and who turned their own j.d. degree into a cold bowl of sludge.
i made the decision to contact Idaho Bar & the Judicial Review Board. The way I see it…a no show Judge should never be a Judge in the first place…. and lying attorneys to me are like drunk drivers….they should both be arrested.
In idaho there is a pool of money most attorneys pay into….like a crime victims account. I would STRONGLY advise you to make contact w your State’s Bar and get the facts and forms….then decide.
I wont make any friends but you know….they did this to themselves.
Integrity matters. Good luck all!
I agree we need to keep complaining to our local, state, and federal authorities, but I disagree about contacting the Bar Associations, I just spent more than a year filing a complaint with Florida Bar Association, I even had the President of the Bar involved in my case, and I saw first hand how corrupt the Florida Bar Association is, I went thru the whole complete complaint process, and most people don’t complete the process, because it is so time consuming, it is a maze designed to wear you out, and make you give up your complaint, the truth is the Florida Bar was created to protect incompetent lawyers from the public, I absolutely saw first hand how the Florida Bar Association will go to any extent not to reprimand there lawyers, even for criminal behavior like my Lawyer demonstrated,
Hi Mr.Howard:-) if I was you,I’d go above Fl,bar association,each state has one but you contact the higher up’s,,,all have someone above them,with more power,&can assist if enough similar complaints surface,,,&yes its time consuming but if you stay the course you can make a difference & bring these crooks to answer their wrongs,while being punished or dis-barred.the more people report to ALL ears they can,the less these lawyers have rein to play this fraud closure game NONE OF US chose to play:-) 🙂 I say.6 6 million Americans lives are flipped upside down RE-STARTED all new complaints,& it will start new wave not easily ignored…keep these crooks CRIMES IN THE LIGHT:-) best of luck to u sir:-) &DONT give up:-)
They had cancelled all of the court dates in June and July with nothing in the future. I have one of the best law firms representing me but I had texted him about 2 weeks ago and never heard back. This has really taken its toll on my wife she tried to commit suicide back in February.
My first post on this site: after four years of litigation & 103 motions the bank was given summery judgment . The trial was a mind-boggling exercise in futility . I was represented by a well known , respected law firm, and had FACTS from paperwork to prove every word of my testimony.
Fast forward one year – the sale was granted a stay, an appeal was filed with the 3rd District Court. Today I lost my home – our appeal was denied Per Curium.
Now I can speak my mind : I purchased my home in 1997 and refinanced with GMAC in 2004 . From December of 1997 until December of 2008 I HAD NEVER MISSED A PAYMENT. Not once . In fact, I was pre-paying the principal down by $200 to $500 every month.
My servicing was transferred to Nationstar Mortgage on December 1st 2008 – they told me that first payment had not been received, and placed my mortgage in default within 45 days.
I had in my possession literally every single document from the day I purchased my home. At some further date, with the approval of my attorneys I would like to place my trial transcript on the internet as an example of what can only be called a disgrace to our justice system.
I will say goodnight but not goodbye , and to my attorneys who asked me on day one :” If you have a case we will fight for you, if you are trying to stay in your house without paying your mortgage , we will not accept your case” .
I thank you .
DEBT COLLECTORS! they bought our home loans even though we were not in collections or late in our mortgage payments the “banks” decided to open DBO-DBA’s debt collectors eg..COUNTRYWIDE-RECONTRUST-IMPAC..HOMEQ-AMERIQUEST-OCWEN-Altisource-.. did everything possible to make our loans late and in default! plus the famous “loan Mod” scam! shame on our government!
I feel the same way u do Angel. Seems there is no end to the criminality of all this and no one in jail. They should lock the lawyers up with the banksters and throw away the keys. When will they learn people’s homes are not a commodity on Wall Street. They will never learn as long as no one goes to jail.
I 100% agree,,the normal consumer pulls this kind of fraudulent actions they would be locked away immediately!!!!!I say keep the complaints flowing,the MORE saying same issues the better the chances of hand-cuff’s slapping the BANKS,FORECLOSURE MILLS,a.k.a so called ”ethical” law firms..write congress,your state reps,&MOST IMPORTANT,,,BAR ASSOCIATIONS,,get these lawyers under microscope,I will NEVER stop until I have resolution.I wish all y’all the strength,peace,resolution,,,,JUSTICE:-)
Hello,I’m STILL in limbo,have been fighting for 5yrs,&the ONLY victory to date is,I’m still in my home &have managed to keep one of the BIGGEST banks in the U.S at bay,,,I’m in NO WAY giving up/in…my American Dream was shredded but not gone,my life is NOTHING as before,the damage/toll I pray will heal,to all y’all fighting Fraud closure don’t stop,read as much as you can,arm yourself with knowledge against the legion of crooked unethical lawyers,&file complaints to EVERY ear you can,,,it will make a difference to your cases,,,my question is ”WERE ARE THE LAWYERS SEEKING JUSTICE NOT LINED POCKETS???guess the saying is true,”Honest people CANT afford the good ones.Good luck to all you all,I pray we all have peace,love,resolution:-)
I’m ha ing a real hard time understanding why my case hasent been thrown out. My case is about foreclosure fraud not a loan mod . I revieed the complaint and within 30 minutes found so many discrepensies With the complaint they filed a copy of my original mortgage that essential with them. Then they filed a lost note under the statue without showing the transfer of the instrument. They claim the note was lost sometime between 2006 to present There many other issues as well. Can someone help to understand why this has been going on for 7 years
Kent – It is hard to comment precisely without actually seeing the documents relative to your case. It sounds like “they” are trying to “create” standing. In an earlier post, you indicated that you consulted with an attorney and that he advised you not to help “them” do their job. Meaning … why pay your lawyer to go into Court to what may amount to helping “them” correct their paperwork to perfect a foreclosure against you? You also indicated that something was “cancelled” (?), so it is hard to provide input without all the information. If you retained an attorney, he/she should be answering all your question(s).
I am new to this board. I have fought the DEMONS of GMAC and its gang for 15 years. 4 months ago I happened to be just looking around and came around all this information. I was so blown away!! I have 15 years worth of fraudulent documents. My very first is the very first sale from Sebring Partners to Residential Funding and Judy Fabar was the first signature. I have so much fraud in every way possible. Robo Signers, loan modification, fraudulent foreclosures, you name it. I have just now begun to take it on. Wish me luck!!
Kellie , I feel free to write now after many years of court cases , a summery judgment and now a lost district court appeal , I have been through it all.
The paperwork you have is extremely important. Collect everything , make copies and keep the originals somewhere safe. Everything else should be placed in binders according to year and content : insurance , tax , correspondence (staple the envelopes to the originals). Every conversation needs to be documented :date , time, person , extention , subject and length of call.
But something even more important ; this is a public message board. Although we are trying to help each other , it cannot be stated enough : DO NOT disclose your personal information. Just as you and I found this board , attorneys and para-legals defending banks and servicing companies are looking too.
The paperwork you have is YOUR CASE , and believe me ,the mortgage companies have no paperwork . Ask general questions without giving out details.
Seek and ye shall find. Poke around on your county records site , put in your last name and first initial, in all categories for the time frame. It will take hours , don’t give up !
Then using the same public records search , put in the mortgage company name using dates to narrow things down. There will be hundreds if not thousands of documents. You might find yours (it will not have your name, but can be recognized by your lot number or plat book page of record ).
It is on these assignments and deed records where you will find signatures.
Also – when you are looking at Company assignments, look at other peoples records occasionally. You might get lucky and find a signature for comparison.
Good luck. Never stop learning. Believe in yourself .
And most important : Don’t let this fight become your life …
Yes just another conspiracy to steal out the last ones standing who did not fall completely into the banks and dirty attorneys never ending pockets. Hold on to your homes and money. If u have made it this far. I would say you have enough against the banksters and yes forget your local court. Federal is the way to get them to take notice
I’m having a really hard time understanding why my case hasent been thrown out. It took me about 30 minutes to find many discrepancies in the complaint. My case is about foreclosure fraud not getting a loan mod. The biggest thing is they show no transfer of the instrument to prove they own the note. The only thing attached to the complaint is a copy of my original mortgage that wasn’t with them. They are claiming lost note under the statue but with nothing to show they own it. There’s a lot more they haven’t even proved standing. Can someone help me to better understand what’s going
I askedy attorney about getting them back in court since everything has been cancelled and was told we aren’t going to help them do their job. What does that mean ?
The banksters will reap what they sow. Never has there been such lawlessness in our nation. Their evil days are numbered. Look at what happened to chase ceo
I am convinced after over 4 years of fighting this that you are fighting a rigged game. The circus of lies and scamming is pure insanity and the judges, lawyers, banks would be I guess actual demonic people obviously in on this scam. They steamrolled foreclosures just like they steamrolled us when they created this mess on purpose. Their secret brotherhood is sickos. When we had the chance finally to view our completely forged actual note at the banks attorneys it was like a frantic scene we had security seize our phones and were told no pictures can be taken in the building or we could not see the document or the police would be called lock doors security. When the document was finally revealed it was literally a movie scene and the special effect was the note that anyone in their right or righteous mind would say thats fake. A doctored document, a fresh yellowing from the florida sun. I flash to the scene some Glen Gary Glen Ross type guys tanning sipping martinis and they are tanning with all of our notes laughin and laughin money and cigars tossed around. The document was just like you left it in the sun and then the staple massacre this poor fake note was stapled to death because obviously its been handled and restapled at the studious banks over 10 yrs. 4 pages pulled apart and restapled over and over.Fast forward to judges hands. Two completely obvious different signatures the yellow blatant forgery and a blatant corrupt judge in on it that would be Judge Mcgovern NJ actually he would not even allow me to speak and threatened me to not speak in my day in court after all these years.This judge looked at this and let the bank steal a house how do they live with themselves? The evil astounds me
From first hand experience they are all in on it your lawyer too. In cahoots conspiring its the quintessential greed movie. On a positive note an awakening is taking place the world is groaning and yearning for justice. Soon each and every evil liar that has a hand in stealing your homes will be reaping what they have sown. Habbakuk
5 “Furthermore, wine betrays thehaughty man, So that he does not stayat home. He enlarges his appetite likeSheol, And he is like death, neversatisfied. He also gathers to himself allnations And collects to himself allpeoples.
6 “Will not all of these takeup a taunt-song against him, Even mockery and insinuations against him And say, ‘Woe to him who increases what is not his- For how long * – And makes himself rich with loans?’
7 “Will not your creditors rise up suddenly, And those who collect from you awaken? Indeed, you will become plunder for them.
8 “Because you have looted many nations, All the remainder of the peoples will loot you-Because of human bloodshed and violence done to the land, To the town and all its inhabitants.
9 “Woe to him who gets evil gain for his house To put his nest on high, To be delivered from the hand of calamity!
10 “You have devised a shameful thing for your house By cutting off many peoples; So you are sinning against yourself
Excellent post!! I still say and will continue to say it is NOT in the Court system that we will win. Bring it out, out to the public, out to the masses, out to the media. Let your voices be heard. The courts are corrupt. I repeat: The courts are corrupt. Judges are attorneys first and foremost and who do you think they will owe their allegiance? to some lowly borrower who stands in front of them? or to the many attorneys surrounding them and who fill their coffers with campaign funds? I am cynical and know why? We have placed more emphasis on racial issues than we place on humanity as a whole. Who’s in the news? A family that is thwarted from their home, deprived of their wealth as a homeowner, a suicide from a forlorn victim of false foreclosure? NO sir! We’re too worried about the man/boy with a crimminal record a mile long who got shot while committing yet another crime and whether that will bring on racial violence. It is absolutely beyond all human comprehension that our focus is so far outside of humanity. Pal stated the facts in the post, an awakening is taking place and it isn’t at the set of the TV show the ZOO! So, my friends, be prepared, but do your diligence in revealing these acts to ALL peoples.
ldynps: I have come to the same conclusion after many years and helping many people in many States. Would you please contact me so we can compare notes and strategies.
Anyone wishing to participate (means to contribute, has knowledge and experience, not to ride coat tails or get schooled, suck energy etc. We have many places available for that. This is to make it happen without all the BS, paytridiot stuff or contel pro junk! Thank you) send a note to truthmonger6@gmail.com
Make initial contact to be vetted (have some stuff of your own to show you have the knowledge, experience and the balls to follow through!)
To all the rest remember the game is not about truth but forcing the players to play by the rules. Or as I have learned “To box them in” so there is no place for them to go but where the law states they must go. Ultimately at this juncture it is apparent that no court is going to put any of these players in jail, so go for the large settlement by putting together a prima facia case of criminal acts (read the elements of RICO and 42 USC 1983)…. work the State courts to gather your evidence, exhibits, self-authenticated documents of the fraud and collusion (do not rely on discovery in any court!! if it is detrimental to the banks or the attorneys, however by playing stupid victim and clever information requests where what you’re really looking for is hidden, and they think you are not a threat, (does not go to the legal department) one can gather substantial amounts of dirt).
I have managed to help a reluctant, refuses to study, invariably waits till the last second to throw together something, won’t do the simplest thing like send one page letters I have dictated, explained, re dictated, and in the end actually wrote the damn thing for him, one page letters to various parties for over a year, and still managed to keep him in the house for over three years. So do not discount the power of the private!!!!
I have managed to keep four businesses from throwing me out of one house after fraudclosure over 5 years ago, by presenting the fraud that is so obvious on the record and they take a pass, hand it off to the next one. (they have no interest in any court battle themselves, so they move on to easy targets who refuse to turn off the TV and actually read the law, procedure etc.)
Remember, it is all about the little guys making a buck!!!! If they know it will take them months of litigation (remember that a fraudclosuer does not take away your other rights to the use of the property only a decision of the court as to the “equitable value”. They still need to do a writ of possession (which in many cases they completely skip, because you can start the whole process over again since they have no true claim or “right” to the property and you can fight them off for many years there too). When the low life schmuck who has already sold his soul for a JOB and the alleged “security” that comes with it, finds out he has to put work into something and actually “take” the property from you, they tend to go elsewhere. I show them the fraud and by laying it out properly along with things like 18 USC 241, 241 and 4 (misprision of Felony) and that I will be making them defendant….. because now they cannot say they did not know and became a knowing party to the crimes.. tends to dampen their spirits)
Turn the tables on them… they rely on people wanting to get it done and over with and not learning, getting frustrated etc (yes I went through all that and the depression for years knowing this is the very same country which I volunteered to put my life on the line for the protections of “Life, Liberty and Pursuit of Happiness” and is now the worst enemy we have… ourselves) But if you realize this is your newborn child which you need to raise and learn as you go and are in it for the long term you will be able to frustrate them, cost them precious resources, time etc and all the while craft-fully gathering prima facia evidence to be used when you’re ready to make your suit, your whole attitude will change form Victim to Victor. So be a “winner not a whiner”..
Once corruption no longer is profitable it will cease!!!!!!!! And by suing for millions (a friend mentor who has brought them to the payoff table in every property tax, theft of property under color of law, case he has filed) sooner or later the “Cost of doing business as usual” will no longer be “cost effective” and why not put a few buck in your pocket along with keeping your home. The payoffs to the judges and the leverage/power will cease and a huge wave of criminal charges will result.
Remember, THIS IS YOUR COUNTRY, YOUR JUDICIAL SYSTEM, YOUR COURTS, YOUR STATE OF AFFAIRS, YOURS NOT “THEIRS”!!!! IT IS YOUR MESS, YOUR RESPONSIBILITY, AND YOUR DUTY TO CLEAN IT UP FOR THE NEXT GENERATION!!!!
THE RIGHT TO HAVE AND BEAR ARMS IS A FUNDAMENTAL RIGHT, TO HAVE THE ARMS OF THE LAW AND BEAR THEM AT EVERY OPPORTUNITY!!
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Blessings… truthmonger6@gmail.com
Tony depending on the state bank tactics have been to change jurisdictiin to federal courr for their advantage. Could be matter of state laws being stronger in some states or grinding people down witg their deep pockets or even specific judges history being pro bank. When you’re fighting for years and know truth of the fraud done to you hard to see how buyout Is a good deal. If you don’t have the facts or conviction or are looking for a way out of the trap getting something insteas of getting completely steamrolled could be the choice that has to be made. The only way to compare is if same issues, court, judge it seems..
Roger Chase also breached 2 loan mods with me that have never been told to the judge in the local court. I am in a loan mod again and waiting to see what the final mod will look like. If not happy I will expose them in the local court or federal court. Which is best? I was also part of a class action with chase for breach of contract and received nothing. They paid their way out as usual. I still have a couple of tricks up my sleeve too!
Fed court could also be a trap. You need to check out court like WA advocate lawyer said. Best way to turn the tables is TILA rescission. Check out Garfield’s post today.
Hammer, How can the fed court be a trap? Please explain as I’m considering filing one in fed court. My friend filed one via loan lawyers in Broward and got a reasonable buyout offer.
Because the banks have convinced the US Government that if they go down for this crime, which is the largest crime to EVER be perpetrated in the HISTORY of the United States, then the US Economy will effect the entire world, the oceans will overflow and the mountains will crumble! There can be no other reason that this crime is being allowed by the Courts and Judges! It’s beyond what many on this site even know…file lawsuits against the banks attempting to steal your homes in Federal Court…the lower Courts are NOT the way! I know this because it happened to me on 2 homes, one in California and one in Florida….same story in both States! My suggestion? STOP fighting in the Curcuit Courts and District Courts….Step up to the Federal Court and accuse the banks of using forged documents in order to win your home, which by the way, has been paid in full by the “DEFAULT INSURANCE POLICIES the banks took out on every single home they illegally past through the banks replacement to the County Recorder, MERS…63 million homes people…this crime will take some 20 years to grab that many homes!! STOP your nightmare by searching for Notary signatures, IT DOESN’T MATTER…STOP thinking you will get justice because all the fraud you found….it just doesn’t matter!! That’s what I learned and I share with everyone who is going through it!
Kellie Rider
September 17, 2015 at 8:41 PM
I am in Texas and getting ready to file a suit. I have 10 years worth of documents. You name it the mortgage company did it. Glad I seen your post as I was wondering which way to go. I have seen comments to file only in district but I really didn’t think that would work. Banking is Federal.
After loosing 2 homes to fraudulent foreclosures and the Florida Courts allowing it to happen, despite mounds of forgery, the only way to really fight is to get out of the Courts being used by the banks attorney’s…FILE YOUR OWN LAWSUIT in FEDERAL COURT naming the banks attempting to steal your home! While you are in the Circuit Courts, you can’t win, even in the Appeal Courts….STOP your own nightmares and sue the shit out of them as the PLAINTIFF…I only wish I had been given this advice when I was fighting in the wrong Courts….The Judges in Federal Court have not been bought off….yet! Fight in another direction cause this way…DOES NOT WORK FOR THE HOMEOWNERS…..
since 2009, chase cant use any honest lawyers. here in broward county, their attorneys all have unclean hands. they are either ignorant or liars and I believe they are both. good luck!
Thanks Tricia. It’s been a long hard fight. Your right it’s taken its toll on both of us. We to court dates set in June that were cancelled and nothing rescheduled Chases attorney , Ronald Wolfe and Associates signed a new attorney to our case. They have harassed me with summons for cancelled court dates twice. Bank of America pulled all their foreclosures from their firm. The leopards spots don’t change because the people involved start a new company. We are going after them for unclean hands and have a really strong case How long have you been fighting them ?
kent, sorry to hear about your wife, but this is what these banks have done to people’s lives and they must pay. the house next to mine , I know the bank has lost a lot of money and now an investor has bought it and will rent it out using airbnb. my neighborhood is all rental now where it used to be all stable families. I have fought chase for years too with albertelli being the latest corrupt attorney on chases payroll. they are so incompetent. it is so frustrating.
Tricia the problem is that most of foreclosures they got away with. The few of us that has decided to fight are getting banged up in the court system. My wife and I are now in our 7th year and this passed February my wife attempted suicude. It has taken a major toll on her. The original law firm for Chase was Florida Default Law Group. Google them for a good laugh. Their senior partner bought them after the State Attorney Generals office went after them. Nothing happened though. Our state recieved millions from Chase in a settlement of wrong doings but yet here we sit still stuck in the court system I have had a. attorney for almost 4 years. Statue of limitations have ran out too
Kent – I am in my 8th year with Chase and also has the Ronald Wolfe & Assoc (yes, the old Florida Default Law Group). They also keep changing attorneys and cancelling court dates. Who is your attorney representing you?
Robo-hobos and deposed despot super-stampers are abundant in everyones paperwork.
I beleive your government is furthering this fraud through the courts.
I believe that the banks are paying off judges with satisfactions of mortgage being filed by MERS.
As insurmontable as the battle appears, you owe it to your family, your neighbors, and yourself to fight these bastards at every turn.
You will lose your house in the end, but the longer you stay and fight the fraud, antagonize the corrupt courts, and force the foreclosure-mills to keep generating forged notes and assignments, you’re winning.
I don’t see how u r winning if u lose your house. Anyone who has been thru this knows already how corrupt the banks, attorneys and judges r. If u want to win in the courtroom. U have to learn to think like they think and maybe u will keep ur house but it’s a helluva fight and it will wear u out mentally and physically when u r the lone warrior with a lying and manipulative swarm around u. But I agree u should keep up the good fight because hopefully and eventually the right people with the right kind of power will take notice and put an end to ruining ” the American Dream “of home ownership for those who still believe in it.
I won because I fought and kept the roof over my families’ collective heads for 11 years in spite of Wells Fargo trying to default this illegal loan. Did it pro se for four, with a lawyer for four, in the most corrupt districts in the country. The mathematical tally is one thing (last payment July 08 less 9 pmts over 2 breached mods), the other thing is that we’ve put lots and lots of people on notice. There are still causes of action left to be fought in state court. Waiting on another foreclosure.
The moral of the story is that the battle continues and wins are there. LOOK AT FLORIDA, FOR GOD’S SAKE. You will never hear about the “victories” elsewhere because of settlements under seal.Only published smackdowns get the press, and those are very, very few indeed.
I feel as though I did my share, I learned more than I ever cared to about securities, property and mortgage law, and helped numerous people stay in their homes. Once I even got to the point of arguing with an attorney over a homeowners’ case and came dangerously close to practicing law without a license. Big trouble there.
My time has come to move on. My choice, not theirs. I have a couple tricks up my sleeve yet, but I won already.
BOBBI SWANN
August 31, 2015 at 5:50 PM
@ rogerrinaldi – Roger , how can you say you ‘won’ when the 7th Circuit State of Appeals denied your claim in February of this year? (http://caselaw.findlaw.com/us-7th-circuit/1692062.html). According to the record even your attorney was sanctioned with a fine. I don’t think that filing for bankruptcy and then having it reversed helped your situation at all; in fact, it infuriated the Florida courts even more. And this was a WIN?
@ Bobbi Swann: How can I infuriate the Florida Courts? I’m in Wisconsin. Any time a judge calls you “frivolous”, you know you’re on the right track. The “frivolous submission” was the Wells Fargo Foreclosure Attorney Manual.
BOBBI SWANN
September 1, 2015 at 11:48 AM
@ Usedkarguy – unless you are the same person as rogerrinaldi that comment does not apply to you. It was directed to rogerrinaldi. I was referring to the 7th District Court of Appeals (Florida) for the case against Roger Rinaldi. Are you using two different usernames on this site and are you the one in the same Roger Rinaldi? Not quite sure why usedkarguy would respond to a posting directled to rogerrinaldi….
@Swann…..Sorry you’re slow. I am Roger Rinaldi. The usedkarguy handle has been been there for many years, Bobbi. I have a wordpress blog with my name (neglected lately, sorry readers). I just happened to be in the browser that keeps my live feeds going when I commented.
The judges purposely misconstrued the record, no matter how many times we re-iterated the truth.
How can a judge sitting on a foreclosure case that was closed in 2010 possibly find nothing wrong with assignments filed in 2011?
How can a judge (Kelly) state that “The Wells Fargo Home Equity Asset-Backed Certificates Trust OR ANY SIMILARLY NAMED TRUST may proceed against the Rinaldi’s in foreclosure”???? HUH? Then Stadtmueller confirms. We’ve had multiple non-existent entities filing against us for 7 years. The correctly named entity was only used after we jammed it down their collective throats.
When the cause is just and the fraud reaches into the judiciaries own retirement plans, no other results can be expected.
Unbelievably, the rulings are now a matter of law, like “In re: Edwards”, where the court stated the maker can’t object to their own signature.
Easy to blame myself, my attorney, and the rotation of the Earth, but because my case was so well documented any effort to get to evidentiary hearings was blocked multiple times. They knew this was a landmark case, and did their jobs by violating the Constitution.
Yes Tricia she is. Brian Bly was the notary from Citi to Chase verifying robo signers and Ashley L Bond verifying robo signers from Chase to JPMC Specialty Mortgage. While her signature looks similar I found 3 documents that look completely different
We had a very similar issue with the notary Chase used. We have seen several documents she has signed and notarized. There are a few that you can clearly tell were not her. I believe what is going on is they are actually sitting in basically a call center in Ohio somewhere passing around notary stamps and using them. So, the actually notary rarely ever signs the documents. When I wanted to file a complaint about the notary I was directed to the county where she lived. Man was the lady that Clerk of Courts who over sees that stuff a piece of work. I think she and the lady I was complaining about were probably friends. I got no where, expect that they stated she verified she signed it. They seriously did nothing. I have an entire mail and email exchange with the Clerk that lead me to believe she didn’t really care that Chase was scam. Chase is the largest employer in that county. Plus her husband was some kind of lobbyist.
Good lord Bryan Bly was a definite known robo-signer. I have seen his name everywhere. I think there might have even been a couple court case. But I cannot remember for sure.
Kent, is Ashley L Bond supposed to be a notary? If so what state is she out of? If it is Ohio or Louisiana, the information can be easily looked up online. Ok, I found her, it looks like her commission is out of Ohio. You can search for her here: http://www.sos.state.oh.us/recordsIndexes/Notary/Search.aspx. Her commission # 2013-RE-477083. Ok, so if you want to get a copy of her application for signature verification you will have to contact the notary commission office in Ohio.
Next, you might also just try googling her name with the word notary after it. I did and a couple of documents she signed came up. There are probably more.
Kent, I am not sure who you are responding to but I wouldn’t actually call the notaries Chase uses fake. I would call them robosigners. I have verified with the notary commissions in each state Chase has used notaries from that the notary on the documents is actually a notary. I have also asked to have a copy of the application sent for verification of signature. This is why is say they are robo-signers. On one document it is clear that the notary was not likely the person that actually signed the document. I have found several other documents singed supposedly by the same notary. The signature is similar but not the same, one document you can barely tell who the person what that signed it.
Truthfully, in my opinion, what Chase is doing is hiring a notary and then lots of people are using the notaries stamp and signing the notaries name.
The lady I spoke to at the Ohio notary commission, asked flat out why I was requesting a copy of the particular notary’s application because they had had tones of people request it. That right there tells me if there are that many requests and this notary has supposedly signed so many documents, I would question whether or not the notary really signed all the documents.
Sent a written request to that notary asking for verification, a copy of her log book, showing she actually signed the document. Never heard word one from that notary.
Asked the same of another notary on a Chase document, We got a nice form letter from Chase themselves. Mind you we mailed the letter to the notary’s address not a Chase address. She didn’t supply the information requested either.
Plus, there are known robo-signing notaries. You can google and find them.
Commercial banks are counterfeiting the money they use for credit extensions. This is basic because of Article 1 section 8 clause 5 which essentially gives authority to congress to manage the money supply.
I got a lot of calls from Aames Home Loan from this number (800) 737-1192 this spring and summer. Turns out that number belongs to Residential Credit Solutions, a lousy little servicer in TX. They were bought in 2013 by American Capital.
To Dangeroosdave:
Chase Home Finance, Inc. was a direct subsidiary of JPMCB, N.A., Chase Home Finance, LLC was a “direct subsidiary” of Chase Home Finance, Inc., but an “indirect subsidiary” to JPMCB, N.A. prior to the May 1, 2011 merger. CHF, LLC was not a FDIC member and the merger could not transpire until CHF, LLC became a FDIC member.
Although, CHF, LLC claimed to be the owner & holder of the alleged Note, it also, alleged to be an “indirect subsidiary” of JPMCB, N.A. in 2009.
Who got bailed out with Tarp funds or insurance funds when JPMCB didn’t claim to be the owner & holder of the loan or CHF, LLC who was not a FDIC member, but claimed to be the owner and holder of the loan ?
He’s in charge of making sure banks fulfill the National Mortgage Settlement. Download the Consent Judgement Chase signed and there are guidelines there that deal with broken chain of title, single point of contact, robosigning. He may be getting ready to say the settlements are complete unless it’s too late and he already did.
kent- Chase home finance is one of the dba’s of JPM/Chase. They have reached a consent judgment and turned all their disputes over to the administrator Joseph A Smith. File your complaint with Joseph Smith, the squeaky wheel gets the grease!
Dangeroosdave – Chase Home Finance is not a dba of Chase. There was a Merger in 2011 of JPMCB and Chase Home Finance LLC in 2011. In essence, Chase Home Finance LLC no longer exists. You can verify this information with the OCC. I have it in writing from them from my own case. My foreclosure has been going on since 2007 and in October we will finally get to depositions. Beware, Chase and all of their cronies are as crooked as a bucket of snakes! Almost every case I read about on this blog is with Chase. The Courts are oblivious to their (illegal) tactics of Foreclosure and mind you, they don’t pay a hill of beans to any previous order or the threats of fines. Why would they? One of the largest controlling banking institutions in the country who bankrolls just about every elected official, including Judges! We are all living in a myriad of false promises. We’ve been fed to believe that justice prevails for all. The truth of it all lies in nothing but PURE greed. The thirst for power has overtaken every aspect of our constitution. What can we as defendants do to thrust out the evil in our ‘justice’ system when we are so far outnumbered in that power chain? Judges and all politicians are bought and sold by the major contributors in their campaign….so you tell me, who’s gonna win?
dangeroosdave
August 23, 2015 at 1:37 PM
Yes, the judges are bought and sold, during elections. In this case I am representing USAG, and have met all the notice requirements to do so. Yes, I’m in a non-judicial state, another aspect of my claim, although my counterparty does business in 45 other states and I am representing that class, wherever that may be. I believe such actions need to be forbidden. So far, we’ve accumulated ~2700 pages of discussion of the issue, which is based on wrongful foreclosure, but has now accumulated many other issues. I believe the appellate judge panel at 5USCA is trying to figure out who wants to sign their name on an opinion (either majority or minority) that juries are no longer necessary in America. All of our discussion is complete. I have already prepared my draft writ of certiorari for SCOTUS. From looking at the SCOTUS dockets going back to Alexander Hamilton days, I think I have a 50% probability of prevailing. It seems like a unique legal issue of timely social interest. I’m willing to spend another $300 to find out.
I have been doing battle with jpmc since 2007. I have filed over 60 complaints against Oh 4 unit of jpmc in Gahanna Ohio their loss mitigation unit portraying themselves as a mortgage servicing unit. One of these complaints was for extortion grand larceny fraud robo-signing and forgery fraudulent loan origination and unilateral loan modifications/new loan origination. So far three senior vice presidents have been fired or left as a results. Us cfpb RICHARD CORDRAY allegedly refuses to publish my complaints and has not allowed any zip code higher than 98680 to publish any chase complaint. I am afraid that we have a major cover up of chase misconduct regarding mortgage servicing and manufactured defaults and large scale confiscation of our mortgage payments by chase in their so called loss mitigation department run by SVP KEVIN WATTERS . THE FRAUD PONZI SCHEME THAT CHASE IS RUNNING IS WELL OVER A TRILLION DOLLARS IN REFERENCE TO MORTGAGES AND DERIVATIVE HEDGE BETS TIED TO FRAUDCLOSURES.
Each state has some type of notary commission. Most of which you can look up online. If you are dealing with Chase, most of the notaries are our of Ohio and Louisianian, both of which will send you un-certified copies of the notaries applications. If you need it for court you will need to pay for the certified copy. I have looked up several notaries even spoken to the notary commission in Ohio, nice lady. You should be able to tell you if the notary has had any complaints against them. The lady from the notary commission in Ohio asked me why I was requesting the information because they had had tons of request for that particular notary. If you need help finding where to look up a notary just post what state they are from and I can sure help find a link.
Yes I do. Chase bank has the assignment but Chase home finance filed foreclosure in April of 2009. Chase home Finance didn’t have an assignment until November of 2009
Hello Kent if you are facing foreclosure we can help. We are not attorneys but we do use unique and legal remedy proven to free homes from foreclosure. Contact us at mastersofhomefreedom@yahoo.com And look us up on Facebook at Masters Of Home Freedom. Thank you for your time.
About six years ago, I went to Joshua Denbeaux’s office in N.J. where he told me that I didn’t a case. I’m still fighting this Chase Home Finance, LLC case as a pro se. Four years ago, I went to his office again on another foreclosure case and again he told me that I didn’t have a case. I’m still fighting both cases as a pro se. My first attorney got disbarred(not any of my doing) and the second attorney got reprimanded by the N.J. Supreme Court(not any of my doing) twice. My third attorney tried to throw me under the bus before he filed a motion on my behalf. You would think I would learn my lesson by now. The only attorney who has had more than one successful cases in N.J. is Jeff Barnes who is not even from N.J.
8 years ago the first attorney who knew what was going on told me $20,000 up front. Interviewed 15 more, one charged me $500 to tell me to give up. Paid a scammer $1000 for bullshit (MS). Found a real attorney who understood the issue, partnered with her, called the banks and attorneys racketeers and forgers, now the judges and OLR are out to get HER AND ME! Why? Because the truth will not set you free. The system in place is there to protect the banks at all costs. The DOJ (which includes all the bankruptcy trustees and attorneys who prosecute bankruptcy fraud) are only interested in helping the banks steal the homes of the citizenry.
THEORY: The US Government will be forced to pay off the Chinese in American real property when the country defaults in order to avoid war.
THEORY #2: Fannie and Freddie were bankrupted to pay for the wars waged to protect the petro-dollar.
THEORY #3: With Obama the Anti-Christ successfully executing his lame-duck “kill the Constitution” continuum and the willingly corrupt Supreme Court and CONgress, our Country is failing before our very eyes.
Kent
August 6, 2015 at 1:36 PM
I’ve been fighting Chase Home Finance for now going into the 7 th year. I retained Ice Legal about 4 years ago and they are great. Stratus on my case is all the court dates to go to trial in Kune were cancelled. I thing more is scheduled at this time
frontncenter
August 19, 2015 at 5:19 PM
Sounds like maybe your lawyer doesn’t know as much you think she does
I too went to Joshua Denbeaux in NJ, same scenario, like you, once and than again a few years later. He told me I wasn’t going to win my case. I went back the second time because I had more exact information. He accused me of taking up his time and that I wanted free legal information. I found him arrogant and insulting. The other few attorneys that I went to, basically wanted to help me with a modification, (which I could do myself) and the few attorneys who found major flaws in my mortgage, (one a real estate attorney) said I need a litigation attorney and it would cost me at least $50,000.00 to litigate my case in court. I too am pro se, still, even though I desperately need an attorney. I think the problem is foreclosure cases involve so many areas of law that a lot of these attorneys are not, or will not take the time to review and apply the proper laws or because they do not have the expertise of those particular area of law.
Yes there are many areas of law in foreclosure cases but so is true in many types of civil cases but If you are the plaintiff litigating against a foreclosure action the bank already has control of your money (the property) to use for litigation in addition If it is a reverse or other HUD mortgage with Mortgage insurance they have funds from the U.S. tax payer when they file a claim against the insurance for their need (term “need” used very loosely here) to foreclose on a defaulting property to use for litigation and then if they are like ONEWEST BANK, NA (formally ONEWEST BANK, FSB and now are CIT, NA ) who made a deal with the FDIC to cover 80% of their losses figured at the original value of the mortgages that they picked up at 40% of original value from the failed bank Indy Mac or actually from the FDIC who had control of Indy Mac so they made 40 cents on every dollar they show as losses to use for litigation too. You have whatever they may have left in your pocket to litigate with. I thought I might mention that Indy Mac as ONEWEST BANK are subsidiaries of IMB. Holding To give you a prospective I will use my cause a real value of the property is $220,000. They have $119,000 invested. Between the mortgage insurance and the FDIC they collected $680,000 thus they have $561,000 to use for litigation. They are using your money that paid the mortgage insurance, your money that paid your taxes that they collect through the FDIC. Are you going to spend $500,000 to get back a property worth $220,000? The bank will because it’s your money they are spending. There are no loses being incurred by the bank and everything left over is pure profit. This abuse cannot be stopped through litigation. There flow of money must be stopped and the only way to do that is through the congress and the senate. So start sending letters to your representatives daily, weekly, monthly but no matter just start sending them. We must change the rules so the banks and corporate powers can’t use our money to continue robbing us of what we try and build for our families. This is why it is hard to find a good attorney that knows the laws to represent these type of cases is because they do know the laws and they know that even with a good solid case the bank will litigate it until there is no value left for their client to recover. Especially with the attorney fees pushed beyond their value which these corporate entities do intentional and with your money. This is what I have found is Happening, what I believe to be the problem and a way to start to get rid of the problem. If someone has a better solution please let me know because I am in this to the end. I may have surrendered my battle today that I have been Pro Per Si in since Sept 2011 but I have realized that they are not funding their battle and would continue until there was no value left for me to win so I loose even if I win. I only gave up that battle and got about half of my out of pocket cost back but I am not going away. I will be talking to the vice president of CIT, NA (ONEWEST BANK, NA) again but on my terms next time.
Tony P
August 18, 2015 at 4:26 AM
Brother…the congress and senate are in with them. I’m fighting too. I know. Obama (and I’m black) is a joke. So if he is a joke, what will Hillary or Bernie be?? They are in the pockets of the banks too. So our best bet is to confront Trump (who’s companies have received many bailouts from the banks via bankruptcy) and make them all respond to his answer. If trump is in your area, ask him on record what he would do to stop bank foreclosures.
dangeroosdave
August 22, 2015 at 10:29 PM
Hi Mary – Statistically, it is very unlikely that you will find a lawyer to win a judgment, which is why I am also pro se. I have spent $300 in filing fees and a few hundred in printing. My counterparties, a publicly traded corporation, appropriates $50M per quarter in legal expenses to continue his operation. I have eight attorneys appearing against me. My strategy is to put this case before a JURY before I die. In a dispute in America exceeding $20, that is your bedrock legal right. A jury is not bound by the 1750 pages of RESPA 2015, or the 450 pages of public comment, or the 250 pages of interpretations. A jury is authorized to seek justice, wherever it may lie.
BOBBI SWANN
August 23, 2015 at 11:35 AM
@ Dangeroosdave – Sorry to burst your bubble but if your foreclosure is in a non-judicial state you won’t even appear before a Judge and if you are in a judicial state (like Florida) two reasons why you will never get a JURY trial: 1) you signed away your rights to a jury trial within your mortgage; and 2) foreclosures in judicial states are equitable actions meaning you can have a trial but only before a Judge. It’s not county by county for judicial states, it’s statewide. On the flip side, you can countersue for other actions that MAY allow a jury trial. Again, who has the resources from a defendant’s side to consider such actions? Finding an attorney who will represent you on a “I’ll collect my fee when we win” is more kindred to MLK’s I have a dream.
David Strauss ft lauderdale another do nothing attorney. It’s all about the stall tactic and leave the borrower broke so the bank can steal your home and the lawyer steal your money. Biggest scam going on. NACA in Miami today if anyone interested in saving their home.
Richard Carey in West Palm Beach ! If you see him, run! Nice guy but awful lawyer. Paid this guy 3500.00 and he did nothing but file a few motions. Came time for trial and the guy didn’t even show up. That’s right….NO SHOW! The judge called him from the courtroom and scolded him. Gave me leave to find a new lawyer. I went to Ice Legal and found two great attorneys Thomas Prestia, and Scott Holtz who now have their own law firm in South Florida. These are Real trial attorney and GRILLED the banks witnesses. They kept me in my home, but case is not over.
Oh, then Richard Carey shows up on our Real Estate Investors itinerary as a guess speaker on probate! I did not attend , but I told everyone he didn’t show for trial. They never invited him back.
Then a year later, we were in court for a motion and guess who is also there? Richard Carey. This guy was actually trying to take an old widow‘s home they got via probate. I couldn’t not believe it. This MF was trying to take an old lady’s home who had just lost her husband and going through probate. He looked at me as he was leaving the courtroom and I just shook my head. First you are “ helping people save homes” now you taking homes for profit. What a jerk and awful lawyer. He didn’t even look comfortable in court.
I should have file a bar complaint because the judge noted everything on the record, including the phone call to Carey’s office and said I should get a refund. But I just let it go. Don’t have time for evil people like him. God will take care of him. RICHARD CAREY !
Tery, you sound knowledgeable on foreclosure litigation. I normally have a really hard time finding people to have smart conversation on the subject. I’m 4+ years holding on my case against Wells. If you are a “make things happen” type of person, it is always great to learn new things from proactive people like me – YOUAREIN at OUTLOOK, COM, AU
I met attorney David Straus a couple of years ago, I paid him to review my case, he is a creep, lazy, stupid and arrogant, he it as worthless as tits on a bore, stay away from that loser, if I had listened to him, I would of lost my case,
There’s 2 NACA’s. STAY FAR AWAY FROM “Neighborhood Assistance Corporation of America” not the “National Association of Consumer Advocates”
The 1st ones are work for the Banks. They claim to be non profit but the Banks pay them millions to stall and give the runaround. You will end up worse. Do not do a Modification or your done. Make them show you the original paperwork. You have every right to see it. NOT COPIES… ORIGINALS! If they can’t or won’t provide it tell them to go FU(% themselves.
i have been fighting chase for years. I have also uncovered what they are doing in broward county florida. no wonder we have such a supply shortage here. jp morgan chase is holding the mortgages for all of blackstone properties. they own over a 1000 properties in brward, wall street has moved to broward county florida.
I have just received an email announcing an event in Dallas, Thursday, September 17, 2015 – Friday, September 18, 2015 that could be a great opportunity to “protest” the mass fraud being perpetrated on the millions of homeowners under attack. The conference, AMERICAN CONFERENCE INSTITUTE is presenting a forum headed “Residential Mortgage Litigation & Regulatory Enforcement” explaining to “Attend to benchmark your current strategies, learn the latest Government enforcement and regulatory priorities, and get judicial insights from top federal and state judges.” Check it out yourselves at: http://americanconference.com/2016/804/residential-mortgage-litigation-regulatory-enforcement
The cost to actually attend is $2,000, however, an occupy style protest would be an ideal opportunity for those of you who are fighting in the great State of Texas. I’ve lost 2 homes to this foreclosure fraud and certainly cannot afford to be there myself from Florida, however, if this actually posts on this site, I strongly urge this protest with signs exposing the fraud and the facts of their continued strategies of “how to steal our homes through the litigation processes that will be going on during this one day event at the DALLAS MARRIOTT CITY CENTER…..It’s unbelievable that the lawlessness is still going on!! Fight all you can or America will be a homeless civilization! email me at elysedelfrancia@gmail.com
I am alerting the board and innocent citizens that are seeking representation. Joshua Denbeaux a NJ lawyer is a crook and very dis-honest! He is scamming homeowners not defending them in the process whatsoever he is shadier than a character in a movie. It seems he must be a shill for the banks. If anyone else has been through the same experience with him or his firm please post to the board as a class action suit is in the works to take him down he is worse than the banks he is destroying innocent people on their last legs and stealing their last pennies. It does not get any more evil than this folks!
Unfortunately, there are more than a few NJ lawyers who have taken advantage of the foreclosure gravy-train only to, ultimately, compound the homeowner’s hardship. While I did not retain Denbeaux, I had some experience with him and retained others that left me in a worse position than I was in before they got involved. Most of these lawyers have no litigation skills and can do no more than stall the process until they have bled you dry. If you can align with others who have retained the same lawyer with similar experiences, then, perhaps, you can get a mass joinder complaint filed. At the very least, I hope that you file for Fee Arbitration and then, file an Ethics complaint. At the very least, you may get some peace for your pain in knowing that you took some type of action.
I would like to know if you reported Joshua Denbeaux to the board because he was our attorney for a foreclosure case with Chase Home Finance LLC. Chase was ordered to pay $7000 in counsel fees for motion for sanctions pursaunt to the frivolus litigation rule and statue ; and ordered by the judge to reinstate the loan in 2011 and it never happen . There was a mediation with meeting with Chase and our attorney and myself and my husband and the mediation judge in January 2015 and the case was settled and we were told by our attorney Joshua Denbeaux that Chase can take us back to foreclosure.
Pal
November 9, 2015 at 1:16 PM
We have not filed a complaint with the board yet. We at this point feel the whole judicial system is a 100% fraud. We watched this first hand the judge, bank attorneys (even the police as our home was robbed by the banks contractors and they would not do anything, sent us to trenton to get even a police report) are all in on it and I feel the fight against banks is over. Denbeaux is actively gaming the system with a little niche himself just wants your money each month pushes around your paperwork with no intention of litigating he is the “sleezy car salesman” lie after lie selling homeowners he will help, he will not, you will chase him for truth he will get angry and twitch and crawl out of his skin till you give up . I would have no faith that a complaint to AG or Board would be any different. A possible class action against Denbeaux may have enough juice. All these men defrauding homeowners are in on it, at this point even an insider whistleblower wouldnt even make it to the press who has virtually ignored one of the biggest crimes I have ever seen in my lifetime.
Eugene Villarreal
November 9, 2015 at 1:49 PM
Hello Mary, I have/had Chase Home Finance, LLC for six years in N.J. and was wondering how you settled with them. They changed to Seterus early this year.
Eugene (AFN)
lms53
November 9, 2015 at 1:58 PM
I am curious too Eugene. Chase concealed a loan mod from the courts here in Florida and the date on the summons was wrong because they led me to believe I was in a hamp modification for 11 mths. and then they reneged. I was trying to get a copy for two yrs to show the courts and they ignored my requests. I finally received it 2 days later after they got judgement. It was all blacked out like they had highlighted it somehow so it would not be found. I was also in fed lawsuit where chase had breached all these loan mods but as usual it was a payoff and we got nothing.
Have you alerting the board about Joshua Denbeaux yet because he was my attorney and didnot finish the case but got payed .Chase was given motions for sanction pursuant to the frivolous litigation rule and status; I think he is all the thing’s you said.
Okay, so here’s one for the books. Aames Home Loan was granted a writ of possession today. Choice Legal Group (formerly Watson) brought suit some years ago in the fictitious name of Aames Home Loan, which was the DBA of Aames Funding. Neither has been viable for years, yet the suit continued. In all of these years we have never been able to find out who Choice Legal was representing. As of 2012, I am Aames Home Loan. I am not the loan servicer of long ago. I own the fictitious name in Florida. Subsequently, Choice Legal filed for title to Aames Home Loan in c/o their offices (nothing smells fishy about that!). Most recently McCalla Raymer, another law firm became “co-counsel” (huh?) and filed for writ of possession, which was granted. So now the phantom Aames Home Loan, expired fictitious name, has the legal the ability to own real property! McCalla Raymer would not say who Aames Home Loan is either, just that “someone is paying them”.
Most States have specific Statutes that prevent banks from using d/b/a/ or fictitious names in their real estate consumer loans. In any event, since you own the name that the Judgment is in, you now own the Judgment. When the Sheriff arrives, you present him with your name certificate, state that you won the judgment, and you did not hire that sheriff to evict yourself. if the document is a “certified copy” of your name registration then the sheriff is more likely than not to say, “This is a screw-up, I am not touching this one.”
I recall Aames Funding sits in the Los Angeles area. It was a small brokerage, not a funder, so they are possibly out of business today.
If you c an confirm Aames Funding is out of business, and you own the name in Florida, then you have the basis for an interesting suit against McCalla Raymer (whom I loathe), since they are advancing litigation without a retainer agreement from the entity they claim to represent in court. And that should be interesting.
moonbugs
August 21, 2015 at 6:10 PM
The judge said it was interesting too, and then issued a second writ of possession, also forbidding any additional affidavits or filings in the foreclosure case. It is being appealed and additional law suits are being considered. Upshot is I am sleeping on the neighbor’s sofa. I was told by the sheriff’s deputy that they had to bring my things out and I would have 24 hours to retrieve them from the front lawn. The locked valuable things up until the clock ran out and carted them away. My furniture was broken up on the lawn before being hauled away, things that I’d packed and was unable to remove from the house prior-to eviction, were dumped and the bins filled with debris, anything metal was hauled off (vintage lawn furniture, plant stands, file cabinets, a side-by-side fridge, and two small refrigerators, tools, ladders, scuba tanks, aluminum oars, etc.), they would not let me have my freestanding rubbermaid sheds (3) or contents. One of the crew, an absolute moron, tried to have me arrested for trespassing when I took pictures of the trailers (from the street and sidewalk – so false police report) before they left (btw, their trucks were not marked with contractor licensing information). The notice said “bank owned” which it is not. The Calwell Banker person who came with the sheriff said it was a “servicer” and could “not divulge servicer’s name”. There is a for sale sign on the lawn as of yesterday. It’s disgusting. McCalla Raymer was co counsel. Choice Legal Group (FORMERLY MARSHALL C WATSON Law Firm) was initially counsel. Interesting indeed!
I have been battling JPMC specialty mortgage for 0ver six years and its just now going to trial . All transfers from my original mortgage company to citiband and then to Chase were done by robo signers . Citibanks assignment has no signatures only initials . The notary also initialed instead of signing . Anyone else in the same sitiuation ?
Ben, who won at trial and obtained the services of four respected attorneys in his battle to defend his home from foreclosure by HSBC – entitling him to have HSBC pay all of his attorneys fees, including the ones who previously had been dismissed by Florida Attorney General Pam Bondi (Theresa Edwards and June Clarkson ) for being too effective in uncovering wrongdoing by the Banksters and who authored a powerful paper on wrongdoing in Florida which was a little too sensitive and close to home for Bondi’s political supporters, , , .only to have HSBC then refuse to reimburse him for the fees of one of Ben’s attorneys, Kenneth Eric Trent ( known locally as the “Foreclosure Destroyer” who is the one who filed a monumental class action against Wells Fargo and also distributes parody Tshirts of the Banksters including one I myself happen wear all the time that changes the logo around just a tad and says CHITIBANK ) who was Ben’s attorney just prior to Ben employing respected Florida trial attorney Bruce Herman to actually finally try the case and who was the attorney who then actually won the case for Ben at trial.
HSBC was timely served a fee demand by Bruce Herman to recover all monies that Ben spent on all of his distinguished attorneys throughout his ordeal, but HSBC’s attorney convinced Bruce to enter into an agreed order with him on the fees telling Bruce that HSBC would rather pay each attorney separately and would do so. HSBC hoodwinked Herman into withdrawing Bens fee demand. Well, HSBC balked when it came to Trent. Trent sued on behalf of Ben and moved to have the original agreed order vacated and replaced by one that included himself so that Ben could finally collect the entire sum he spent, including the monies Ben spent for Trent.
Judge Lynn Rosenthal agreed, tossed the first agreement and entered a new Order that Trent requested, one which will make Ben whole without any further proceedings, including the money Ben spent on his current attorney who represented him at todays hearing, “Andy” (Andres) Lopez, another accomplished trial attorney.
HSBC spent a lot of money on IT’S new law firm that they (HSBC) replaced their original LOSING law firm with for todays proceeding ( ANOTHER losing law firm ), besides having to pay for Bens FIFTH attorney, Andy, who along with Ken Trent and Bruce Herman attended todays matter, which was transcribed for the State Bar, which was waiting for the results of todays hearing prior to deciding whether to refer charges up to the Florida Supreme Court in the matter for HSBC not reimbursing Ben the entire amount he paid on lawyers. Now Ben will get the remainder of his legal expenditures and HSBC will have to explain why it paid so much money to seven different law firms to lose its attempted foreclosure action, and has to pay Ben’s property insurance and real estate taxes for him as he lives in his most comfortable two story townhome by Florida’s remarkable beach.
Judge Rosenthal was gracious enough to allow me to sit at the head of the table to clearly video and audio record and report todays proceedings. The matter is available to you for review and is a wonderful example of how things should run during a proceeding, the decorum and efficacy of todays hearing was commendable.
Last March of 2014 I won in foreclosure with the Court of Palm Beach Conty ordering that the Bank had come to court with unclean hands… gave example of affirmative defence that says ‘fraud, breech of contract etc..etc… in the FJ. Now, I’m waiting for the Jury to award me y damages which is another trial by jury. I hope I live long enough to see one cent of my damages.
Love to read where others come out and stand firm. I have stood firm eight years.
cherane Pefley
John DeCicco
June 3, 2015 at 11:52 AM
Congratulations, Cherane! I am also claiming unclean hands against the bank. Can you tell me which aspects of unclean hands you used? They’ve practiced it a lot in my case. Thank you, John, Vermont
Al
June 10, 2015 at 10:11 AM
Great Stuff! can you or Ben contact me at: rwsi100@bellsouth.net I’m seeking help in my case.
hi cherane there is alot of people in florida who would like a counter suit can you find out if your lawyer wants more cliets? please join our facebook page fight fraudclosure florida. thank you
I recently attended a mortgage closing, at the invitation of one of the parties. The mortgagor dutifully reviewed and signed the 29 pages of mortgagese, the mortgagee was not present. I suggested we just write ABSENT – UNKNOWN REASONS in his spot, but everyone agreed he could just sign all the stuff later. Who would know who the notary might be. We came to the ten-day rescission and I suggested that be marked out and changed to three years, in accord with most recent SCUSA guidance, but nobody was familiar with the process of changing a preprinted agreement, so we skipped over that one too. In reality, I had a suspicion that the mortgagee had already assigned the Interest Rate Lock Commitment into a Collateralized Debt Obligation, and had already surrendered his individual collateral rights to any discrete parts of the CDO. I knew the new owners of the CDO had also renounced their individual collateral rights as defined by their investment prospectus, and the cash flow into the package was insured to AAA+ standards. Or at least BBc-.
In actuality, after securitization, NO ONE owns your property. If you live in it, care for it, and pay taxes…YOU OWN IT! Tell the sheriff to go home (actually our sheriff lives right next door to me). Everything after securitization is a SCAM, among free, knowledgeable, and over 21 investors. If someone appears to dispute this fact for more than $20, take your case to a JURY. Sue the bastards!
Dangeroosdave – I would imagine that you have not attended a mortgage/house closing before. The mortgagee (the lender) is never in attendance as they are represented by the selected title company representative, who should also be a notary. I have no clue what would have been signed by this mortgagee that you wanted to write in “absent – unknown reasons”. The note and mortgage is signed only by the borrower (mortgagor) and that person was indeed present. 10-day recission? There is no such thing as a 10-day recission; by Federal law on a refinance, the recission period is only 3 DAYS. Who in the world is SCUSA? Are you referring to RESPA? Also, lenders (mortgagees) don’t securitize a mortgage with a Rate Lock Commitment not do they use it for a CDO. Mortgage loans are sold in ‘POOLS’ and not on an individual basis. The rest of your post I’ve read and re-read and still cannot make any sense of it.
Lms53
April 27, 2015 at 11:54 AM
Bobbi its lms53 and yes a breach of contract is what they did to me with loan mod. They claimed they did not receive in time but a recent copy I got from chase shows they received the same day I fully executed my end. It also showed up two days after they got judgement on my house. Can I still file in courthouse? These bastards kno exactly what they did
Quick question, under the law a lender must give 90 notice to the borrower before filing a notice of pendency. Is this 90 business days or calendar days? The loan that is in question now has been sold! it gets better and better…
My bottom line is- is the mortgage loan being paid? Generally, with foreclosures, the answer is no. Billions of dollars in defaults across the land and everyone wants a free house. I’ve worked in the foreclosure field for years and I’ve heard so many allegations of false documentation and most of them, if not all, were nonsense. If you’re past due, you need to rectify it, by either bringing the loan current, selling the house, refinancing or something else equally responsible. It’s hard to respect someone who spends years (in some cases) not making a single payment and then complaining about documents.
You have no clue what you are talking about. Is the loan being paid ? I think the better question is why is it not being paid and who fault is it. Second, yes the bank is being paid because they have mortgage insurance that pays the full value of the loan soon as it is in default. This is why AIG almost went bankrupt, insuring these bank loans.
So this is what you get. The banks gets paid by the homeowner for years, until they can’t afford the bad loan terms and default, then they file the insurance claim and get paid face value of the ORIGINAL loan amount, then they take back the home and re-sale it at auction for even more profit. Hold on…it gets better! They have a judgment against the homeowner, so now they can go after them financially and get even more money!
Now do you see the game, it’s more profitable for the bank to foreclose than to modify. Wake up!
Moreover, if the banks had followed the law, they wouldn’t need to make fake documents! You think everyone wants a free house? WTF? 99% of people just want a FAIR modification, Since you have been in the foreclosure industry (kicking people out of their homes) for years, then please tell us how many times have you seen ANYONE get a free house? Rarely! If “everyone “ in foreclosure wanted free homes why are MILLIONS accepting BS modifications? You are ignorant to the facts. Sad that you have been drinking the bank’s Kool-Aid to believe those lies. You work for the worst crooks to grace this earth.
“I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs”.
Thomas Jefferson,
3rd president of US (1743 – 1826)
Lms52
April 23, 2015 at 9:13 PM
Nobody could have summed it up better not even Garfield. Plain and simple. They preyed on us way over valued properties and the loan mod was a scam from the get go. These large banks are nothing but bullies and greedy and dumps the liability on the homeowner for all of their well planned criminal actions. That b#### that thinks she knows so much needs to rot with the best of the banksters.
Lms53
April 23, 2015 at 9:18 PM
The banks years and courts think they can justify their criminal actions by calling the homeowner a deadbeat and funding the local scummy court system to foreclose. We r smarter than that!
BOBBI SWANN
April 23, 2015 at 11:26 PM
Tony & LMS52 – both responses are excellent but you will never receive satisfaction that this numbskull who responded above will EVER come out of her coma. Just take note that the majority of the population are one of two things: 1) totally ignorant or 2) in the same state of coma that this woman is currently in. We all hold hope, as you would do with anyone in a coma, that they will ‘awake’ and come to their senses. LOL
??? so you did not hear what made most of the credit savey people stop paying their mortgages really? the banks were telling millions of homeowners that in roder to apply for a modification they had to be 90 days late. because of job losses, and losses of income homeowners complied. after the 90 days applying. the the games began, lost faxes, lost fed ex mailers, even lost files. everything and anything to not approve modifications. then they foreclose. so this is actually inclean hands, breach of contract. ect. they were given money for each hamp application homeowners filled out. telling homeowners lies and losing documents so homeowners had to reapply is fraud sorry. i can say no homeowner after the subprime mortgage crash in 2008 would voluntaruly stop paying tie rmortgages. after 2008 many of the mortgages were the 30 yr fixed mortgege these folks had the best credit rot hey could not get approved. these folks were given false statements by all the banks. free house???? the homes all lost more than 50% equity. many put money down and paid for years. the homes they have already been paid for. help homeowners dont be against homeowners
The notes live on regardless of whether or not the original borrower pays Read the note and notice it says “we are responsible” for the payment.That WE is the maker and the originator (seller). And with a fraudulent foreclosure, the homeowner is doing nothing wrong: he’s obligated to defend the title against false claims. The real party in interest is always the owner of the top-tier of the SPV. That also happens to be the servicer.It’s the intermediary relationships spelled out by the PSA that were never followed is what makes the transactions boid ab intio. Denise, there is no default . only servicing into default with the manipulated LIBOR rates application of fees collected by the servicer. The whole origination of “money” from digital “credits” supplied by European banks combined with investor money used to purchase assets that were never conveyed to the trust corpus was simply another variation of a securitization scam based on Ponzi scheme tactics. Wise up, Denise. Or are you a banker?.
HEY DENISE MAHER: WHAT IS A REAL ESTATE TORT?
WERE YOU DENIED A LOAN MOD BY OCWEN/WELLS FARGO?
DID YOU HAD YOUR HOME STOLEN WITH FALSE ASSIGNMENTS AND REAL ESTATE INSTRUMENTS?
WAS YOU HOME INVOLVED IN A ***Securitization (PSA) OF MORE THAN $4BILLION DLLS?
WERE YOUR TRUTH IN LENDING ALTER BY THE RE BROKER?
DID THE CROOKED BANK AKA SERVICER CLOSE YOUR MORTGAGE ACCT FOR NO REASON?
ARE YOU JUST TRYING TO CALL THE ATTENTION?
BECA– USE YOU SOUND LIKE A MORON! ..(a person who is notably stupid or lacking in good judgment)
WE ARE TIRED OF PEOPLE LIKE YOU TOO!
WHAT AN IDIOT YOU TURN OUT TO BE! LOL
GET A LIFE AND DON’T SPEAK OVER SOMETHING YOU DON’T HAVE AN IDEA!
YOU ARE A FOOL AND SINCE YOU MAKE MONEY WITH FORECLOSURES..
THEN WHAT CAN WE EXPECT FROM YOU?…JUST STOP YOU COMMENTS, REALLY, NO ONE HAS RESPECT FOR YOU!
The bottom line is NOT whether the foreclosure is being paid, in many cases it is exactly whether the documents are fraudulent, whether the proper party is foreclosing, etc. You will admit that if the wrong party takes your house you are still on the hook to the real party in interest? There are other factors too which may make a difference, and for the foreclosing party to manufacture documents IS wrong. Perhaps because you are in the industry it is difficult for you to understand, but I’m sure that if someone, or some corporation, screws you over you will understand the concept, even if you can’t relate it to forelosures.
First of all, you’re in New York. The judges are awake. second, you should hire an attorney. Once the phony documents start appearing, contest all and every document.
yup, have an attorney, but working with them…
the “lost note affidavit” has not been filed. and now they say they found it.
The judges are awake, thankfully. The system just seems to take forever
Hi everyone, anyone know if it’s required to file a lost note affidavit or lost assignment affidavit with the county clerk’s office in New York? Still dealing with a fraud case.. long story, but this bank gave us lost note and lost assignment affidavits but they aren’t in the county records. Oh, and they suddenly “found” the note and mortgage too. hmm
Useful notes about fees- Occasionally you will reach a watershed moment in your court dealings and a judge somewhere will authorize your counterparty to submit his fees for payment. You should always audit these fees to determine if they are usual, customary and reasonable, and that a service has in fact been rendered, and in fact a payment has been earned. Step 1 is to ask your counterparty for his letter of engagement with his customer. That generally ends the conversation. My counterparty’s client expends $50M per business quarter on legal services (which I know from reading his 10K report to the SEC), so if his client has already paid his fee (such as bulk purchase of undefined services per time period), I believe there is no need for me to pay it also. Double billing is always against the law, even for New Jersey eye doctors. If you do agree that the service has been provided, and earned, look at the value. For instance, we all pay $0.10/page to look at filings on PACER whenever we’re curious. That’s my maximum payment for a page of legal cr*p, whether it has been couriered across town or not. Nobody pays for e-mail, at least nobody I know. Could that page of legal cr*p have been e-mailed? Don’t pay anything. Whenever I do make a payment, I pay through PayPal, with a description of the bill, my audit findings, and the payment. That way everyone has a record, and the business dealing is transparent.
Since I’m not an attorney, and I don’t have a billing rate of my own, I just charge 1 bitcoin/day for whatever I do, for however long I do it. I find it reasonable, and bitcoins can go right to my phone, and I can get it whenever I want in whatever local currency I need… Sometimes these things take years. Costs pile up.
great info hammertime. And dave, thanks for the servicing regulations. It took me a long time to read ..but will certainly come in handy. Thanks so you all for great links.
My statute of limitations is over so now the lender is trying to use other tactics to scare us. my attorney asked them why, if they are so confident that they own the mortgage, haven’t they filed a foreclosure? they aren’t the IRS, they can’t just keep tacking on interest and penalties until they see it’s time for a payday. My case is odd because I am representing the borrower and the borrower is suing the lender. (very few cases I can find in NY that I can use as precedent). The banks aren’t used to being sued, they like being the big guns..
Once the court determines who, if anyone, is the true owner of the note and mortgage, it’s time to file for a time barred response. I am grateful for your input. I hope to return the favor
Very spot on post by Garfield today that verifies what we’ve been saying and can help in court, trial by ambush, due process violation:
snip
“…There is a huge difference between pleading and proof. AND standing means different things depending upon what you are looking at. If party files a complaint alleging the requirements of standing then the complaint will stand up to a motion to dismiss based upon standing. But if at trial they don’t prove standing, they lose.
The erroneous procedure I have seen at trial is that the standing issue has already been decided when the borrower filed the motion to dismiss. But that required the court to assume the allegations of the complaint were true —a presumption that definitely does not apply at trial. But Judges use it anyway because of the pressure to clear their docket. As a result, cases are not heard on the merits — they are tried by presumptions to which the banks and servicers are not entitled to use because the testimony and the exhibits are fabricated for trial and they have a long history of submitting fraudulent documents to courts across the country.
Hence the presumption of credibility, trustworthiness and authenticity should not apply and the servicer or bank or trustee must be required to prove the facts, which they cannot. Which is why the foreclosures all mostly wrongfully entered as judgments end up in a judicial sale despite the actual facts that would show that none of the parties in the chain relied upon by the foreclosing party actually have any interest in any of the transaction, any of the documents or any actual loan to the borrower.”
Mortgage servicing loan means a federally related mortgage loan, as that term is defined in § 3500.2, subject to the exemptions in § 3500.5, when the mortgage loan is secured by a first lien. The definition does not include subordinate lien loans or open-end lines of credit (home equity plans) covered by the Truth in Lending Act and Regulation Z, including open-end lines of credit secured by a first lien.
d 3
(3) Notices of Transfer; contents. The Notices of Transfer required under paragraph (d) of this section shall include the following information:
(i) The effective date of the transfer of servicing;
(ii) The name, consumer inquiry addresses (including, at the option of the servicer, a separate address where qualified written requests must be sent), and a toll-free or collect-call telephone number for an employee or department of the transferee servicer;
(iii) A toll-free or collect-call telephone number for an employee or department of the transferor servicer that can be contacted by the borrower for answers to servicing transfer inquiries;
(iv) The date on which the transferor servicer will cease to accept payments relating to the loan and the date on which the transferee servicer will begin to accept such payments. These dates shall either be the same or consecutive days;
(v) Information concerning any effect the transfer may have on the terms or the continued availability of mortgage life or disability insurance, or any other type of optional insurance, and any action the borrower must take to maintain coverage;
(vi) A statement that the transfer of servicing does not affect any other term or condition of the mortgage documents, other than terms directly related to the servicing of the loan; and
(vii) A statement of the borrower’s rights in connection with complaint resolution, including the information set forth in paragraph (e) of this section. Appendix MS-2 of this part illustrates a statement satisfactory to the Secretary.
For Cookie,
An alleged Lender(Servicer) makes agreement with the alleged Holder/Owner to the servicing rights who in turn subservices the rights to another servicer with agreements with the subservicer. As an example, JPMorgan Bank, N.A. used Chase Home Loan Servicing, LLC as its subservicer and OneWest Bank, FSB used IndyMac Bank, FSB as its subservicer.
Thank you Eugenenj. When I requested the servicing agreement between the two lenders (to substantiate the power of attorney because one signed the assignment on behalf of the other via an allonge) they sent me a sub servicing contract that added yet another name to the pile. The date didnt align either, so I have to tell the court we are still awaiting on the servicing agreement. Im not sure how anyone makes money hiring servicers that hire servicers! (sounds like reinsurance companies)
Thanks again!
Can someone tell me the difference between a servicing agreement and a subservice agreement? I asked a lender to supply a servicing agreement through court order (to substantiate a power of attorney) and they supplied a sub servicing agreement that implicated yet another lender.
Wondering if Mers can assign a mortgage servicer after a borrower is deceased. No lawyer yet has really responded – anyone know? My husband died in May, and no servicer was on record, just Etrade in 2003 assigning to Mers / so boa was getting paid as servicer for 12 years – now I brought it up that they have never been assigned. So they quickly did it in Nov. (4 mos. after his death). I am not on the Note, just signed the mortgage inst. but I am not on the loan. I received a default notice, but my qwr’s have stalled them from filing the complaint. Does anyone think it is legal or allowable? They didn’t mention my husband as “deceased” on the assignment – and put him as a grantor – as if he was still alive and granting something.
Goodmornin yall:-) I’m at a cross-road,,STILL in litigations & the stall tactics are becoming frustrating to say the least,,,I’m pro se & plaintiff’s counsel continues to add new co-counsel to assist them,how many times am I required to submit discovery? Because every new co-counsel added are demanding me to RE-ANSWER everything already asked/answered to plaintiffs lawyer at beginning of this? 2011.Thank You in advance for responding:-) 🙂 🙂 🙂 🙂
usedkarguy is on it!
Get an attorney, and question everything! ( Signers, dates, validity of copies, transfers, account balance, and see if you can get loan level data to refute their “balance”.)
Typically, in the discovery process, the judge will review what has been requested and what has been supplied.IN NY , and in my experience, if all discovery has not been supplied, sometimes the judge will allow additional time for the defendant (or plaintiff) to supply it. If all documentary evidence has been proffered, then perhaps a preclusion motion is in order. The order would ask the court to accept the discovery already provided and nothing further. It doesn’t sound right..why would the court allow new discovery requests for the same documentation if it’s already been supplied? Are the discovery requests asking for new evidence?
I am so confused by this situation in NY. The original lender filed foreclosure, accelerated the mortgage in 2005 and then assigned the mortgage (while still in foreclosure) to another bank and then another..it has been assigned several times. The county clerk only has record of the first lender.(this lender is no longer in the mortgage business)
The loan has been in default since 2005. The house was destroyed in hurricane sandy in 2012 displacing the family The house remains in a pile of rubble but maintained by the homeowner.(lawn mowing, etc) The insurance company does not know who to write the check to.. (a sizable sum) so the lender is now saying they are entitled to the proceeds. Homeowner starts an action (otsc ) against purported lender(s) citing time barred under statute of limitations Our attorney is arguing statute of limitations (time barred) because it’s been nearly ten years on the same index number and the loan, although assigned several times (with suspect paperwork) was ACCELERATED at the time of the original foreclosure. The foreclosure action was never completed. It expired. The lender then filed a discontinuance on the foreclosure in 2009. The lender is stating that a stipulation agreement in 2009 re started the loan and therefore the loan was decelerated. The stipulation hinged on a modification that never took place or was paid on.
The borrowers attorney states that the original acceleration remains in effect because it was never officially de- accelerated.
HERE LIES THE QUESTION: what formally de accelerates a mortgage? The lender never sent a letter stating deceleration. The lender has not filed foreclosure (and was told by the court that they could). The lender’s attorney said that if an installment loan is in effect that it is assumed to be de accelerated. I found two cases that were of interested, EMC bank v patella and another from nassau county… but they dont really apply here because the plaintiff is the borrower, not the lender.
Im sorry this is so long. If anyone is still reading this, thank you. This case is very convoluted.
THis family wants to obtain the insurance funds to build the house and move forward, in the meantime legal fees and rental fees are almost prohibitive.
Any thoughts? I am actually trying to keep this as brief as possible without naming banks, etc..
THANK YOU for listening..
@ lms53 – Law? No law. It ‘s contained in your mortgage. It is the mortgage document that a lender forecloses on. It is the process itself by law that allows them to do so. Your mortgage dictates who, what, when and how. If there is a default under the note or the mortgage, the terms of the mortgage is going to dictate how they proceed. If under such a default, the lender will issue a default letter and accelerate the balance of the mortgage to be due and payable. Also, under the mortgage there is a ‘right to cure’ a default. If the lender accepts payments, other than the full amount of the balance due under the default letter, it is a precedence for making null and void the acceleration. If Lenders were to do it the correct and legal way, they would issue a forbearance agreement that spells out the terms of the default, how it is going to be cured over a specified time, the amount of the future payments under such forbearance, a start date and an end date and signed by all parties. If they don’t…well, then the original default becomes mute.
thanks bobbi I was in forebearance for 8 mths and then trial mod and then permanenent loan mod and bank reneged at the same time they accelerated my note/mtg. they changed the terms of original mtg thru the loan mod. Novation is the legal term. do I have recourse?
cookie
April 3, 2015 at 10:53 AM
I think I understand. The original mortgage language needs to be read and understood. If there was a modification changing the terms of the mortgage, that would override the original mortgage. Wonder what the judge is going to say. If the statute of limitations is up, it’s up. It sound as though (depending on when in 2009) in 2015 the statute of limitations is up anyway (six years in NY)
BOBBI SWANN
April 27, 2015 at 12:00 AM
@lms53lms – Novation is the term used when you substitute one for another. In other words, they changed the original terms of the mortgage when the modification was signed and executed. Be careful that you didn’t sign away your rights (such as right to cure) as those modifications are drawn up by the LENDER and is not geared to protect YOU. You will need to read the modification carefully to see if you do have recourse, but I would bet a dime to a dollar that your lender probably novated a lot of your prior rights. After all, they are wanting to ‘sew’ up any loose ends. I would venture to say that you could file a counter-suit for breach of contract, but read your mod, if they reneged on a permanent loan modification. Oh, and did you get an executed copy of the loan modification agreement? If so, and you were me, I would go the courthouse and file that sucker to make it of public record. Odds are that your lender did not do so.
Still mired in a big mess. I have a question that was brought up today in New York. Can a bank assign a note of mortgage to the servicer to hold the note but still be the owner of the note? In other words, if mortgage is accelerated and payments are made, they go to the servicer who then gives it to the bank who assigned the note to the servicer? I know this is so confusing, but it doesnt smell right
Cookie – A lender or owner of a note can sell the ‘servicing rights’ on a mortgage. That does not mean that they are relinquishing ownership of either the note or the mortgage. They are simply transferring the right to collect the monthly payments to another entity. You don’t have to have it recorded of record either, but they do have to provide you with a notice of Change of Servicer 90 days in advance. You also do not have the right to object. As to the mortgage being accelerated, that only occurs if there is a default under the mortgage or in the payment of the note. If they accept payments in an acceleration, then it would negate the acceleration all together. In order for them to accept payments they would have to negotiate with you some repayment such as a forbearance agreement or a loan modification. The monthly payments that you make to a servicer of your mortgage would remit the payment to the lender. The lender pays the servicer a fee out of their profits on the ‘spread’ each month. It is all perfectly legal, except if they are accepting payments when the mortgage has been accelerated and you have rec’d notice of default.
Yep! Going on 8 years in fighting foreclosure….they sold the loan and servicing to Penny Mac. Go figure! Oddly enough, they never filed any type of assignment in the county records. Why do you ask?
hammertime
March 19, 2015 at 5:36 PM
Since loan closed in ’07 Chase has claimed to be servicer and lender in one form or another. With CA HBOR I was able to obtain questionable note copies, 1 of them 6 years late still not valid in late ’13. That’s when city, whole world turned their screws on me. In latest rounds I used Cease and Desist in reference to CA HBOR and settlement violations. First the lawyer changed and then servicing changed this month to Pmac.
CFPB is now LESS responsive. I believe Chase is evading law by these late transfers and CFPB is ignoring it. I would like to show it’s not just me and make some type of group complaint to CFPB and copy anyone we can.
Scott-
I’ve found that an inquiry from a Senator to CFPB, or any agency, moves your case to the top of the pile pretty quick. The CFPB today is like the FBI in 1930, just a little seed. I copy all 100 Senators with the major filings in my case, just cut and paste into their mailbox. Most of them don’t read, but their staff people do, and everyone has lunch with somebody and talks with somebody else about anything of interest. If your agenda fits with their agenda, sometimes good things happen. It’s an uphill battle against financial people.
Ya know, I read your comment and my first reaction was…how sickening is this country when tax payer monies are paying for the salaries of these ‘staff people’ and we the taxpayers have to wait until someone strikes a conversation over a McDonald’s hamburger and coke before action is taken that perks one’s interest. What’s even worse are those in those positions (senators, congress and all the staff members) are the highest percentage of a group that OWES the IRS taxes! Yep! So, even THEY don’t pay their fair share and living off the backs of the taxpayers who funds their paychecks! It is disgusting. As much as I hate to think the worse, I think this country is headed for a massive revolution. There’s not one person in office that has the guts or integrity to stand up for what is right and declared in our constitution.
Lms52
March 17, 2015 at 1:54 PM
Amen to that. They r all pathetic. CFPB may get a situation escalated momentarily but nothing gets accomplished. Banks are liars and their responses are lies.
Very good point about FBI. I may still be In my home because of CFPB but there are real problems and it may be captured by banks at some level. It’s another trap we’ve caught in but some faith was restored when Sen Warren questioned Cordray along with others. We don’t need a revolution. We need to re claim our democracy. The corporate Republican and Democratic solution will be no regulation again and next crisis will make this look like a picnic.
Hammertime
March 17, 2015 at 2:35 PM
What has worked for me is combination of complaints and reaching out to officials.
Scott- Are you uncertain of the meaning of prejudice? You can find long scholarly articles, and have lots of lawyers dancing on the head of that pin. Why not just ask the jury? Present your facts. Tell the jury to deliberate on the issue. They are bound by only one rule in deliberations, and that is the rendering of justice. That responsibility used to belong to the King, who talked with God. In America, we turned that system upside down. Just tell your story to the jury. 🙂
Dave… just read your news about CFPB…reserves being set aside etc.
This is you….all you. It’s a forward leading indicator. I’m dragging Met Life et al…into the courts…those bastards committed perjury. . And now they will pay for what they stole.
Scott- Make sure youi send me a subpoena to talk to your jury. I’ll subpoena you to mine. There is no enforcement going on in America right now. Let’s fill up every courtroom in America, one by one. Stay sharp-
In my effort to promoting others to contact their representatives in Washington about the ruthless unethical conduct of these financial institutions and the failings of the government agencies charged with the responsibility of protecting the American People from such abuses I am posting my last follow up letter to the Senator for my district with the hope that it will excite others to do the same, contact your Senator and/or Congressman.
Dear Senator Barbara Boxer,
On February 16, 2015 I had sent Information regarding the atrocities caused to my family by a Federal Bank. I also included information involving the flagrant failing of an agency charged with the responsibility of enforcing the rules imposed on these Financial Institutions to protect the American people from such destructive actions as those caused by and continue to be caused by One West Bank, NA.
I have as of yet to receive a response from my previous correspondence faxed two (2) weeks ago. Since I have additional information to further my cause and in an effort to get my blight to stand out a little from all the other responsibilities you have dealing with the problems that seem to be plaguing our government these days, I have chosen to send this follow-up.
I would like to start by presenting a statement from a gentleman nearly two hundred (200) years ago that I would say is more of a revelation of what has and is happening to myself and thousands of others throughout our great nation. Not that it offers any real resolution for the problem but does indicate that this event should have been expected. The statement is as follows:
“ I believe that banking institutions are more dangerous than standing armies…If the American people ever allow private banks to control the issue of currency… The banks and corporations that will grow up around them will deprive the people of their property until their children wake up homeless on the continent their fathers conquered.”
Thomas Jefferson
1743 – 1826
Sound familiar? I know I can relate to this statement and I am not alone in this perception. There are many, many families with similar experiences. Just Google “civil action One West Bank”, “foreclosure fraud” or similar key words and you will find websites like foreclosurefraud.org with story after story like mine. I know I will never forget the seven (7) winter months homeless in a tent trying to care for my disabled wife after the unlawful actions of this financial institution causing a wrongful foreclosure. I had attempted to satisfy the note but this financial institution had their site on the mortgage insurance of which they fraudulently collected. Which has cost me more than fifty thousand dollars ($50,000) and everything I had for legal fees. This doesn’t Include the hundreds of hours litigating in civil court with 22 months of the 24 months without representation. Thomas Jefferson is turning in his grave if he can see what is happening to the country that he fought so hard to make Free from such oppression.
Having mentioned my civil action I would like to take this opportunity to bring you up to date should you be curious. I now have a date of September 18, 2015 set to start the jury trial. This should give you a strong indicator as to how solid my standing is considering that when I started this I didn’t even know what a pleading was. Then after 24 months of litigation against a federal bank with all the money (including mine) to buy their justice yet my cause has still survived without the benefit of legal counsel and is preparing for presentation to a jury.
Then that brings me to the CFPB and all the other agencies that passed the buck to the CFPB in the attempt to relieve themselves of any responsibility. From what I discovered about the CFPB it appears to be an unconstitutional agency operating without accountability to the American people and funded outside of government control by the Federal Reserve. They seem to be operating on their own unseen agenda which is with most certainty not as their publicly charged responsibilities.
According to the United States Treasury Department, the bureau is tasked with the responsibility to “promote fairness and transparency for mortgages, credit cards, and other consumer financial products and services”. Now tell me is it promoting fairness by allowing a Financial Institute to unlawfully foreclose a property because it could not be lawfully foreclosed on due to the deceased borrower’s heirs attempting to legally purchase the property. When the crime is reported to the CFPB they give the investigation to the perpetrators of the crime. As would be expected the perpetrators found no crime only some “minor infractions”. The CFPB without further ado close the case and refuse to reopen. I don’t see any fairness promoted here but it’s not over yet. When a U.S. Congressman presents the case to the CFPB to investigate the CFPB stated “ we will investigate but we will not give any information as to what we do to investigate, the outcome, whether there is any wrong doing or not and we don’t collect for any damage that may have been caused by any wrong doing”. If this isn’t a good representation of an agency without accountability please explain it to me.
I look forward to your reply,
Ha….see you also had a wonderful experience with the CFPB. When I filed a complaint (2013) with them on the illegal foreclosure/sale of my home (only modification requested of JPMC was for a due date change – NOT in default until the 3 month scam). Same thing, CFPB gave the complaint to JPMC. JPMC responded that they would only talk to the borrower (I was/am the surviving spouse). CFPB told me that the borrower would ‘need to re-file the complaint him/herself’, then proceeded to close my complaint. CFPB gave a lot of lame excuses when I confronted them with fact that no one at CFPB obviously even read the complaint, because had they read any of it, they would have know that the borrower could not ‘file the complaint him/herself’ because the borrower was dead! After numerous conversations with a CFPB supervisor, who assured me their ‘mistake’ would be corrected’, it’s now 2015…2 years later….still waiting!
A Burns
March 27, 2015 at 9:37 PM
I’m with all of you regarding the CFPB as I have had my own non-productive and ineffective experience with them as well. I don’t know why they are in existence because they don’t act as a regulatory agency to be the watchdog for the Consumer’s protection in anyway. If you’re going to always take the side of The Corporations and The Little Guys’ voice means nothing then why should we even bother to register the complaints?
Great letter Scott. Way to keep fighting.
I’ve been putting out fires on my end and getting ready for my next round of letters and complaints.
Will be sending to Sen Boxer, Feinstien and local officials. The Wall St cancer is killing our democracy. As Helen Kelly said at hearing involving Onewest I’m pretty sure we need a Watergate level investigation and an investigation into CFPB and all the other agencies and accountability for all the settlement funds.
There’s a few examples of CFPB garbage complaints and data we can dump on these people. If you want to share or join a list or petition of some sort contact me here http://bit.ly/Si8EL5
AG Kamala Harris is running for Senate so she needs to come clean.
But stop whining everybody and collect some garbage!
Thanks guys, but I’m in the thick of this suit and I must win. The bank I’m dealing with is falsifying documents but I have to prove it somehow.
I am trying to find citations to back up our case. Nothing out there on allonges except the “space test” and staples… everyone else just says they are phony!
Very boring and long story short: house burns down; insurance doesnt know who to pay because our mortgagee filed bankruptcy; after fire they claim they still own the burned down house and want the insurance proceeds. (we paid insurance policy for twenty years)
They filed a lost note affidavit in NY and then all of sudden they provided a “wet ink” document with three allonges attached. we have a date to have the documents inspected by us and our attorney.
The allonges are all different, two are signed by the same person but the signatures are different. This was not a mers mortgage. One of the allonges is filled out to BLANK
(no one filled it in)
One of the allonges is not dated.
One allonge is notarized, the other two are not.
If there is a law with allonge requirements I would sure love to see it. Anyone out there that can lead me to the law? I am not in foreclosure and I am the plaintiff in this case, so I am having a really hard time finding anything.
Additionally, the “wet ink” document they provided did not have any assignments attached. Wouldnt an original wet ink show the assignment? this is so very confusing. If you’re still reading this, thank you so much.
Hammertime
March 5, 2015 at 3:16 PM
Not legal advice my understanding is depending on type of assignment there may or may not be an endorsement on note. I would check county property records and review state/county code requirements. Basically you need chain of docs and see if they reffect valid transactions. Otherwise people lose the document game.
Cookie
March 7, 2015 at 1:22 AM
Thank you, Hammer, I am following the chain of custody .. it’s a real mess. I believe I found some information on allonges; they dont have to be signed OR dated OR notarized. (because they are SUPPOSED to be a part of the document, and as such, indorse the note to which it is affixed) New York does not follow the revised UCC, so the allonge attachment issue is still real here. Many thanks. I’m going to keep working on this. The other side we dont have standing to sue. Well, he accepted our motion a year ago and is just coming up with this? Gives the defendants more time to produce “ta da” documents. ugh
In the thick of discovery now (litigating). The defense (I am the plaintiff, asking the court to determine who, if anyone, holds the mortgage) provided discovery which included a signed, notarized assignement to MERS. It has the same index number on it as my mortgage, but MERS has no such filing. Does a MERS have to be filed? so confused as to why a mers document would be in the discovery pile. My attorney says we are not a MERS case; but this is curious. It goes with all of the other murky papers supplied..
For anyone in conflict with PHH Mortgage, they have just reported to the public in their 10K report for 2014 (released 2/28/15) that they are in negotiations to enter into a consent agreement with either CFPB or MultiState Mortgage Commission, sometime in 2015, and have set aside $50M as legal reserves. Sorry Philip Linza, your $16M has been negotiated into insignificance…If I’m successful at 5th USCA I believe their $50M will also fade into insignificance.
March 5, 2015
Eric Holder
US Attorney General
US Department of Justice
950 Pennsylvania Blvd.
Washington, DC 20530-0001
cc:
Nathan Anderson, Lead Counsel
McGlinchey-Stafford, PLLC
2711 North Haskell Avenue Suite 2750, LB25
9Dallas, Texas 75204
Duty Agent, FBI Austin, Texas by hand delivery
Dear Mr. Holder,
A couple years ago, PHH Mortgage and their Texas minions, BBDFTE, posted my house for sale here in Burnet County on the bulletin board. The action was totally without merit and I successfully blocked the sale. I still live here, the county has recorded a clear title in my name, and taxes are current. It was a struggle. I was in the position of millions of Americans, just foam on the runway in the midst of the biggest domestic economic disaster of our time, so far.
As you are aware, your duties as USAG under FIRREA 1989 encompass regulation of this industry, both civil and criminal, when they get into a feeding frenzy such as we have experienced. I took my particular information to your FBI offices here in Austin on 26 December 2012, and reported the miscreants. I was offered and waived confidentiality, feeling as secure as any American citizen in Texas. We discussed the case at length with the duty agent, who was very professional and aware of the larger issues, and I believe you have the surveillance video.
In the absence of apparent prosecution, and knowing you had other more pressing business, and after a lapse of 90 days, I undertook prosecution myself and filed our amended claim in Texas Western District Court, Case #1-14-cv-00073, on 11 August 2014. I hand delivered the filing to your office here in Austin, again interviewed with the duty agent, and received cryptic response. Your agent appeared unaware of any investigation or enforcement action in progress.
In the absence of intervention by a US Attorney, i pursued prosecution of the case, qui tam yourself, and acting pro se. I continue to seek qualified and competent counsel, and continue to unearth conflicts of interest or other problems among the civil resources. I continue to act pro se to the best of my ability. That case was dismissed at District, without investigation, discovery, or presentation to a jury. I am currently managing appeal on those issues at 5th USCA in New Orleans, Case 14-51224, and asking for remand to District level for proper trial. I feel confident that we will someday appear before a jury.
Meanwhile, I have read through PHH’s 10-K SEC filing posted 27 February and I see they note under existing matters on page 108 a possible legal impairment due to their current negotiations and intent to enter a consent agreement with MMC, CFPB, certain unnamed state Attorneys General, and your own office. This has been my intent from the outset, to enforce existing national servicing standards.
I hope that my initial report to your office, the Texas AG, all other state AG’’s, all members of the MMC, and all US Senators, and my limited effectiveness with the prosecution effort to date has been helpful to your cause. Please set aside 25% of your eventual collection to my account.
Go with God, my friend. Live long and prosper.
Dave don’t fooled by a consent agreement. One West Bank was under a fully enforceable Consent Order by the OCC when they stole my home but the consent Order was not enforced any more than the the laws of which there was a complete failure of enforcement. So your 25% could amount to 25% of $0.00 but I do hope I am wrong and wish you all the luck.
I am the plaintiff against a bank in New York; lost assignments and then woops! they found it!
there are three allonges that suddenly appeared on the note. My question to anyone in the 2nd circuit or New York, does an allonge have to be notarized? I cannot find law on this. Thank you
I was denied a jury in Western Texas. That denial is now the basis of my appeal to 5th USCA in New Orleans. My appellant brief is filed and now we’re waiting on the appellee response. You’re welcome to cut and paste off my site at http://www.phhmortgagemustbedestroyed.weebly.com 🙂
I have just expierenced, after an eight year battle in California’s Just Us system a major biased system that protects major corporations an the brothers and sisters of the bar. All I can tell you that if your evidence will shine the light on a major corruption, the courts will create an excuse ruling to not let your evidence get exposed if involves fraud. Proceed with caution and be prepared for a nonsensical proceeding. Your quest is honorable but the California justices have all the balls and bats to play the game.
It is happening the same in every State in every courtroom in the country and nothing is being done cause the banks own our justice system! We have no justice after proving the fraud in great detail…It just doesn’t matter! We are witnessing the failure of the American Justice syste .
I can relate to what you are saying because what the bank missed taking on the first round the brother and sisters of the bar got on the second round. The California Just Us system after pursuing my cause Pro Per Si didn’t include me in the Us part of the system when the judge after a conversation with the bank’s attorney, not shared with me, changed the ruling at the hearing with leave to amend to without leave to amend 5 days after the hearing on my fraud cause. I am still using the fraud in the Wrongful Foreclosure cause I just can’t call it fraud now. The light can’t shine any brighter showing the corruption with the bank and the CFPB than it does with what I have, hope it is enough. It is set for a jury trial starting Sept.18, 2015. Now to survive everything between now and the trial. No clue what i should be doing, don’t have legal counsel and so it has been for 3 years now. I will graciously accept any and all assistance or advice except to quit, That Is Not An Option!!
I am in litigation in California against One West Bank. After $50,000 I could no longer afford an attorney, that was 22 months ago. I didn’t even know what a pleading was, then I had to write one. I lost 11 causes without One West Bank denying any of them. With hundreds of hours at the law library, twice that researching the internet and 24 months of litigation I still have a Wrongful Foreclosure cause. In a few hours I will be at a CM hearing to set the date for the Jury Trial.
I have started discovery by propounding documents and have a protective order preventing One West from propounding my financial records due to the court establishing that tenure is irrelevant since they refused two offers before and during the foreclosure due to their failure to establish a fair market value.
One West knows that if I get this in front of a jury they don’t have a chance. I have turned down their offers because what they have done to me must stop. By setting a precedence giving a path that others can follow should these crooks continue their unlawful and destructive activity.
My funds are very limited but I could really use some guidance in getting this in front of a jury where justice will prevail. Anyone have any ideas as to where,how or have any assistance now would be a good time to let me know
If you are in LA you should be going to the Fed Hearing today to protest! I just got the headlines this morning. CIT and OneWest Chiefs to Take on Critics at Merger Hearing
by KATE BERRY
FEB 26, 2015 9:48am ET
I know that you say your funds are now limited. Still, try Jeff Barnes of http://www.foreclosuredefensenationwide.com or Bergmen & Guitterrez (310)893-6200. Both have offices in Ca. Request the loan file, FDIC FIOA, who & when was the assignment of mortgage signed and NOTE, FannieMae or FreddieMac. Bank/plaintiff has never admitted that the “NOTE” has never been in default, no injury.
Thank you for the suggestions, I will check them out here directly. I have already propounded discovery on the Note and it is Fannie Mae. I have not received a response but it is due in 3 days. I am not sure what you are saying “bank/plaintiff has never….., no injury”? I am the plaintiff and I have stated that there could not have been a lawful default and Trustee’s sale. I know I have to show Prejudice for there to be injury. I am uncertain just exactly what that means but I am working on it. Any ideas to the meaning?
Seeking Washington State foreclosure defense attorney. Three year argument with BOA and they can not produce the deed. I am ready to sue their socks off.
Any recommendations of law firms, Washington State!
Thank you in advance.
It depends on what part of the state you are in. Stafne Trumbull out of Arlington has been doing a lot of work with foreclosure defense. Not sure if they will take on something from the east side of the state though. I would say call them as it is impossible to get a response from their website.
There have been recent posts about Chase employee deposition on fabricating documents.
The employee identifies a swirl or snail at top of purported original notes. I also have a copy with NP. Does anyone else have such a stamp?
Here’s a good article on suddenly appearing endorsements, ta-da endorsements:
go to clerk of court website, research the filing dates for other filings by the same firm on or about the date, can even be with different banks. I found the notary and witness working for another bank the next day it did take a lot of reasearch
wait, you can google a notary number? the stamp on the notary I have on my mortgage does not show a number. hmm time for depositions
Tricia
March 5, 2015 at 11:46 AM
Cookie, If there isn’t a notary number that seems kind of odd. But I would try looking up the name of the notary in the state they are commissioned. Or if you want you can tell who the notary is and what state they are from and I would be happy to try to look it up.
I got copies of the notaries signatures for verification of signature from the state they are commissioned in.
I am going thru this same situation with MERS, Countrywide and BofA, here in SC with Rene Rosales as so call witness.. please keep me inform and if there is something I can do to help let me know
Does anyone have “Kari Giblin” Assistant Vice President for Countrywide Home Loans, Inc. as the signer on their assignment of mortgage? This was in 2011
Interesting that it was signed by someone from Countrywide Home Loans, Inc in 2011. It was my understanding by that point everything should have been handled by BOA, as they took over Countrywide sometime in 2008 and were merging things in 2009. You might do a little more digging to see if that was even possible that someone from Countrywide Home Loans, Inc could have or should have signed something in 2011. Of course someone else on her might have a bit more info than myself.
Lauren Bradley
January 6, 2015 at 6:03 PM
Thank You Tricia for your reply!! I AM trying to do research, and I have the Same feeling of her not being able to sign for a company that was bought out. The exact date for the buyout is 7-1-2008. We also had “patricia Arango” on an assignment of Mtg on 9-26-2008 (from MERS back to Countrywide), , , interesting, huh!!
Obviously, the ‘Robo-signing’ continues. There can not be any valid reason to perpetuate signing documents in the name of companies that do not exist other than to circumvent the intended legal process.
But then again, I even question if you had a loan that was REALLY from Countrywide’s actual funds, not those of some investment group such as Black Rock who THOUGHT they were investing in mortgages held by some REMIC trust. Where THAT is the source of the funds, then Countrywide was not the actual lender in reality. The money trail would show they are not. If the loan was securitized, then with what is know of the Countrywide ‘loans’, your loan was not funded with one dime of Countrywide’s funds.
Lauren Bradley
January 6, 2015 at 6:32 PM
TY, will do That research!!
Lauren Bradley
January 6, 2015 at 6:49 PM
@BobbiSwan , , , THANK YOU – have that. Wow, this site is incredible – so many ready to help. Thank you to All (and keep it coming, lol), we all need all we can get to put these crooks behind us!
check to see if the case was originally filed by the David Stern Law office, you may have to look at the original filing. the law office was involved in major fraud
The reader says, “Spire Law is closed down( Aug 2014) leaving all their clients holding the bag. The Abeel v Bank of America lawsuit was dismissed. As a way to keep their clients at bay, Spire Law came up with a possible new lawsuit involving violation of the National Mortgage settlement. Over 1000 clients paid $5,000 to $10K to be add joinders. The lawsuit was a scam disguised as a mass joinder. The firm used retainer fees to pay overhead operating expenses water, electricity, rent etc, and not for legal fees.
(a) In this section, “transferable record” means an electronic record that:
(1) would be a note under [Article 3 of the Uniform Commercial Code] or a document under [Article 7 of the Uniform Commercial Code] if the electronic record were in writing; and
(2) the issuer of the electronic record expressly has agreed is a transferable record.”
…Trying to find the definition of issuer, of course, was not an easy process. Definitions in state law are not clearly identified, if at all.
“Issuer” means obligor, or the borrower aka “homeowner” as defined by E-Commerce: Financial Products and Services 2001, edited by Brian W. Smith, Appendix E, p. E-55-56. Page E-55:”
So homeowner must agree!
Article then has image of description that sec 16 was to not allow that a paper note not be converted than intentionally destroyed!
we prevaled in the trail agianst the boa, in may, now they have filed to have the 3 copies of the orginal note and mortagage retururned to them, I am per se
any help or laws to refrecene I would reather leave the evidence in the file so no more fraud can be comitted the default date was 7 years ago
thanks
Janine
January 14, 2015 at 9:30 AM
Karen, for people who want to file pro se against BOA – where do you find the resources or templates to start the action? Would you please share? BOA refused to modify 2 years ago when we were forced to take a 17k pay cut. I want to try to fight this, and our deed/note became separated upon reassignment. My husband committed suicide over financial stress – so I want to defend our home now.
“Tell Attorney General Eric Holder: No more excuses. Time for criminal charges against JPMorgan Chase
Rolling Stone magazine has just published a breathtaking account of a whistleblower who personally witnessed fraud at JPMorgan Chase and was willing to testify — even as the Justice Department claimed it lacked the smoking guns to prosecute big banks.1
For eight years, Alayne Fleischmann has told her story to regulators and government lawyers, only to watch as the Department of Justice settled with JPMorgan Chase out of court, with no admission of guilt, and a much lighter penalty than was initially announced to the public.2”
snip
Try going under the state of KY list of financial institutions for the name: Equity Financial Mortgage (which is how they were listed on their webiste).
Does anyone know how I can verify that New Equity Financial has gone bankrupt or out of business. They were out of Kentucky. I have been unable to find information on them. jsmith5915@msn.com. James
I found 3 records 2 BK’s and 1 Civil Here are the case numbers dates. You need someone that has access to PACER to actually get the info you want. You can email me at charaymanagement@gmail.com give me your email address or phone number and I will try to help you.
All Court Types Party Search
Wed Jan 14 13:49:48 2015
3 records found Search:
All Court Types Party Search Name New Equity Financial All Courts Page: 1
Bankruptcy Results
1 New Equity Financial Corporation (cr) kyebke 6:07-bk-60935 7 10/02/2007 01/30/2008 Standard Discharge 01/30/2008
2 New Equity Financial Corp. (cr) insbke 4:05-bk-92784 7 07/18/2005 04/05/2006 Standard Discharge 03/17/2006
Hey Hammertime!! Appreciate your response to my complex situation. Im in the judicial state of Ohio. I beat this case twice but as I stayed before the magistrate didnt allow me to respond during the default judgement process. I filed and submitted every source of litigation paperwork during discovery that you can think of only to be ignored by the court. I end up hiring a lawyer for to appeal the magistrate decision which was denied which led to the Appelent court which also denied me. The next step is the sale of the house…..
I have the ORIGINAL loan modification that the lending institute said i signed which isnt true.
In my interogatory I asked several questions that pertained to Documents that I knew they could not produce and their lawyer response was the question was vague and ambiguous
We tried Res Judicata but I wasnt allowed to use it during the Appelent process
Thank you hammertime. I got a better understanding of this process. Who is this guy? Sooo…if all loans have been paid by AIG on the 91st day, how can we prove that our individual mtgs were already paid? I imagine this has to do with the info contained in the PSAs. But what about Fannie and Freddie, who don’t release this info? is this something we can use in defense? Quiet Title? – Audits? Also, I’ve tried to locate depositions for Mary Jo McGowan, Elsa McKinnon and especially Crystal Moore’s video deposition, which seems to have completely disappeared(?) Does this eveidence hold up in the courts? Even though my original loan was assigned, then also voluntarily re-financed and assigned again, can we use evidence of robo-signing and this defense going back BEFORE the foreclosure default? Thank you! Singed your pettions BTW. Great job!
hammertime
November 14, 2014 at 7:39 PM
Thanks! Now tell all your friends or post like crazy. The White House one can really get results I’m thinking.
Tried to get in touch with the poster but still a mystery who he is.
Like I said just take in the info but make sure it applies and don’t admit anything as this site, Garfield recommend and have a lawyer answer specific questions.
Not legal advice but just basic definitions wise my thinking is you should focus on broken chain and your own hardship, robosigning is icing on the cake and they can always fix from what I’m seeing and you should weigh out.
The other point was that you can use the settlement’s language on chain of title, reliable evidence, valid transaction etc.
H ALL – hoping you enJOYed a great Thanksgiving. I received my sale date in mid-January. I had a call come in through one of my legal inquiries from Real Estate Law Center PC. Has anyone heard of these folks? They are apparently involoved in Mass Tort Litigation against some of the Big Boys – Operating out of CA, they claim they have litigators in all 50 states – and actually file suit against the lender for fraudulent mortgages/practice. Rather than -“opt out” by taking a check from the banksters, as was the case with the Attorney Generals suit, they claim not to work with the loss mitigation departments, but head to head with the lender’s attorneys – They seem to know a bit about robo-signing, securitization and the boat load of fraud these banks have bestowed. If they’re legit, I wonder why we haven’t heard of them before – or perhaps we did and I missed it. Would welcome hearing back from anyone who’s used them, or knows of any success rate, as they claim it is hgh. Back to the holiday crunch. Thanks!
I HAVE A GREAT SUGGESTION FOR ALL OF YOU : REOPEN DISCOVERY FOR THE PURPOSE OF HOLDING AN EVIDENTIARY HEARING ON YOUR POINTS OF LAW THAT SHOW THEY ARE NOT LEGALLY ENTITLED TO ANY RELIEF FROM THE COURT DUE TO THE IRREGULARITIES IN YOUR CASE and get ready to Subpoena every person and shred of evidence out there from everybody.
If you will remember in my case WELLS FARGO was basically ordered by the Court to offer me a Modification when the head attorney for WELLS FARGO’S corporate defense team and I were holding a hearing in front of the Presiding Judge in the Broward County, Florida Circuit Court…to which WELLS FARGO put me into a modified loan and dismissed the foreclosure case.
That did not change anything other than remove their ability to foreclose, there was no finding if they had committed any frauds or ever had standing – it got rid of that problem for the Court.
So I filed a simple Declaratory Judgment action against HSBC in U. S. District Court.
HSBC told me they would not defend my suit and I could get the judgment I sought – and THAT would defeat my mortgage ! Plus, WELLS FARGO would have to give me all my payments back and my home would be free and clear.
ENTER WELLS FARGO. They asked the Court to set aside the default …and we were ready to do battle, which would have resulted in criminal action against WELLS FARGO as the US District Court would have ruled their foreclosure action to have been a fraud on the Broward County Circuit Court.
The Federal Court – surprisingly – dismissed the action saying ‘it had no jurisdiction and could not grant a declaratory judgment without it being part of a concurrent complaint for damages’.
A BIT OUTRAGEOUS since the U.S has a VERY distinct Declaratory Judgment Act which allows anyone to go to Court to have the Court decide parties, or prospective parties rights. The Courts just didn’t want the hot potato I was tossing around in the halls of justice.
While no court action is pending at this time,(and I have un-preclude-able rights to bring further actions) I have placed a HUGE complaint before the new Consumer Financial Protection Bureau (CFPB) that seeks findings and civil and criminal actions against HSBC and WELLS FARGO.
What YOU find out could help ALL of us ! One thing is for sure – these institutions do NOT want the truth and actual documents to come out…in my case the documents were forged…yours could be too.
THE MORE YOU FORCE THESE DOCUMENTS OUT AND TESTIMONY TO COME FORWARD, the better chance you have the banks will fold rather than risk criminal prosecution and more fines and more mortgages thrown out.
In Broward HSBC is seeing more than just mine now getting thrown out.
In one case I have become friends with an owner owing about $800,000 on a $550,000 home – which HSBC lost at trial and the gentleman got every penny of his attorneys fees (substantial amounts) returned to him by HSBC. Without payments, he spent around $50,000 in improvements
HSBC, if you are not aware, funded terrorism financing some years ago and 200 U.S. veterans are now suing them for assisting Iran to send terrorists into Iraq (search it !!!) to fight them – HSBC is not on AMERICAS GOOD SIDE and I’m sure that if the CFPB or some Court makes findings they also engaged in mortgage fraud, we will all sleep well at night.
That WELLS FARGO manufactured financial documents has been established…by WELLS FARGO themselves….it is no longer in question.
Perhaps we should consider consolidating efforts is some way, however one thing is clear –
MAKE EVERYONE PRODUCE EVERY PIECE OF WRITTEN MATERIAL AND IDENTIFY AND DEPOSE EVERY PERSON CONNECTED WITH THEM…you may be very surprised that they suddenly just want to be friends with you and make the foreclosure go away.
As always, if you wish to speak with me,954 781-9300 Eastern time. reachth@yahoo.com
fyi- in cases where settlements have been reached, it is common a gag order go along with it so as to not set precedent against the banksters…that’s why none of these have been highly publicized and why I have researched so extensively and attended lots of court proceedings and have been able to obtain pre-settlement information and documentation… I can not be precluded from my free speech rights and sharing my knowledge with those who can benefit from it.
Great to hear from you, Tom. I posted a link to the HSBC story yesterday. Will be ramping up efforts on petitions and pledge. Trying some different things. Will be in touch
Wow, the judge in my case ordered us to try and reach a modification as well, but the lawyers for Wells Fargo (trustee) B of A was the servicer doing the foreclosure refused. Third party firm hired to oversee. NOTHING! For years they told us that the investor on the loan didn’t allow for a modification. After the 30 days the judge gave us was up, they came back to court with the same BS. Made us not one modification offer. and the judge still give them judgment. But now I’m glad I they didn’t give me a modification cause it turns out they had the legal description on the property wrong on the mortgage. They tried to claim scribbler’s error? Yet, the judge happen to be one of the first drafters of Palm beach title rules black in the 50’s so he knew better. He vacated the judgement, sale, and certificate of title.
Although they have a fake assignment, (made by cooked firm consegura in Tampa ) and the note was assigned to the trust after the trust was closed, and I have a letter from MERS confirming the title was under different ownership at the time they filed the foreclosure, the courts will still sided with the bank. Unfortunately I had poor representation in the beginning. He charged me 3000 and didn’t even file the right defenses. But a blessing in disguise. Never would have never exposed this wrong description…it saved my ass.
I’m not sure, because I didn’t get much feedback from any of the attorney’s i contacted. But since the bank’s problem is with the mortgage (which is a legal document) which they will have to reform, they have a serious issue. One, the statue of limitations is up to reform a contract (5yrs) in Fla. Second, if they did somehow get an opportunity to reform the mortgage, they must then show it was an understood and MUTUAL mistake by both parties. IMO, it was never understood or mutual. Finally, if you Google 2005-FR4 mortgage pass-through trust, you will see that this trust that my loan was ” suppose” to be included. is in dispute with the investors in this trust suing the sellers, brokers, and the rating company of this for full damages. Which goes back to standing?
Nation star, who took over my servicing from B of A after the trial, has hired akerman to take over the case from Conseugra. They have only filed a NOA , no motions filed yet. Now.. (from my non-lawyer understanding) they must first amend their complaint, add the new description, and then try to get another judgment. But IMO, they can’t amend if they can’t reform due to SOL, Yet, if they do, we have the opportunity to file affirmative defenses to all their old and new complaints including standing. I’m I wrong here?
I’m in the process of moving bank into my home since the sale is vacated. Please Google Fremont loans. This is who originated my loan and made me sign by threat of not getting my deposit back if I didn’t agree to the new adjustable rate mortgage. Which was different from the fixed rate mortgage we had agreed to and the one on the Good Faith estimate. They were shut down by the FED’s for predatory practices.
I’m considering filing for quite title, or motion to dismiss because they basically foreclosed on the wrong home. Vacating Judge agreed. Moreover they didn’t even ask for a re-hearing of that vacated judgment. Which they were entitle too. HUMMM?
But some say don’t tip them off to your defense. Just let sleeping dogs lay, and wait for them to make the first move since they are the ones that must produce evidence. After 4 years and 20K I just want it over.
Yet, the only reason I had 20k to fight them is because I save every penny i didn’t pay on my mortgage payments for 2yrs. So I had the resources to hire a good defense in the end.
If you doing this on your own I hope you not in FLA. if you are in Florida please GET A GOOD FORECLOSURE LAWYER ! Get them to let you do a payment plan. My case took 4 court days over 4 months with several days of testimony, examination, cross-examination of several bank witnesses and a court reporter for appeal. If you want good representation it is not cheap. Lawyers never are!
Thanks hammertime. I have been away trying to figure out a next step. Spent some time on Avvo, Called a few attorneys as I’m wasn’t sure if I could have filed a motion to vacate and how to do it effectively and properly on my own. Anywhere between $2500 + $760 monthly fee up towards $17K just to ‘dig’ to find out if anything is amiss. The sheriff will be scheduling anytime now. I want to thank you ALL for your responses and wonderful support late into the night and to let you I will continue to support you in your endevaor to right the heinous wrongs these banks are not held accountable for. Wish I could have been one up to help bring justice to its rightful place.
Suz….please email me your email address and I will send you my Motion To Vacate that may be helpful for you. elyse@gte.net
Suz
November 11, 2014 at 12:18 PM
Very grateful, ldynps. I’ve just spoken with another attorney – $3500 just to file the motion. If I had those resources, you’d bet I’d be paying the mtg. Sending email… Graces.
Once an attorney enters an appearance, he’s representing you. YOU have to get your attorney up to speed on your case. It sounds like you’re already way late in doing anything Sued, and $3500 isn’t just to “file a motion”. The first qualified attorney I talked to wanted $20,000 up front! Why? Because he knows how long this takes. The procedural twists and turns will lead to your summary EXECUTION. Yes, you need to cough up $3500, $2500, SOMETHING to get the attorney involved in your case.
About 15 interviews and two retainers later, (I even paid a highly respected practitioner $500 to tell me I can’t win), I was lucky enough to find counsel who in turn was lucky enough to find ME to explain the securitization fail and fraud that resulted in a foreclosure judgment. I para for her, she works my case and others, and we became a team. I never dreamed I would be torturing the 7th Circuit CofA or a state court surviving 6+ years of litigation.
I am very sorry for all of you who are behind the 8-BALL in this battle. But now you have to make a decision. Flip or fly! You can stop the sheriff’s sale with a bankruptcy petition, but you have to commit to filing adversary proceedings. You can’t do that if don’t have claims. You won’t have claims until you researched and learned the issues pertaining to your loan. Lawyers are great, but they, too, have to have devoted the time to get up to speed on this fraud. Remember, we’re defending against fraud. Fraud must be pleaded with specificity. Bankruptcy court is the proper venue to defend against fraud in the handling of your note. It doesn’t mean the judge will listen (they all got the e-mail about stopping homeowners at all costs). You have to embarrass them with the absurdity of their rulings in appeals court just to get traction (depending on your state and district courts). The judiciary is out to protect the banks. And their attorneys.
Once bank lawyers start fabricating documents and transmitting them through the wires and mails (Wells Fargo Foreclosure Attorney Manual, anyone?) they are engaged in racketeering and debt collection violations. An unrecorded mortgage and an unendorsed note do not a foreclosure verdict make. Get on it!
Not an attorney, and this rant is not to be construed as legal advice.
It’s criminal, not Civil and it’s called The RICO ACT….an ongoing criminal enterprise. The Banks are the friggin Mafia and they control the Courts, the Media and the world!! The banks destroyed the notes and the only way out for them, steal our homes and sell them to create a new note!! Biggest Crime in the history of America!!
Suz
November 11, 2014 at 3:02 PM
Thanks usedkarguy. Unfortuantely, i don’t have the resources to pay whatever up front. Lost a $100K a year job in 2008 – used my entire retirement to survive and start a new bis – now making just above min wage to survive – had to move out of the house, so someone else could carry the motg. Not a sob story, just the facts. Here in NJ, the courts do not favor “proof of standing” alone as a defense strategy. Even using the UCC code 3 fails. This is a powerful and agreesive law firm on behalf of the plaintiff bank who may legal standing or not – they represent nearly 40% of the plaintiffs currently on sheriff sales in the county. The mtg is certainly recorded (albeit 5 years later) which the court will not even flinch at – so no issue there – it’s just that it was re-assigned before app for the FJ and was granted. – No sub of plaintiff filed to date. I have been researching cited law to coincide with my comlaint filings, but there are so many, and cannot find something exact to support it.
hammertime
November 11, 2014 at 8:40 PM
Here’s a good post. It seems they frown upon when it’s been years and issues are brought up at last minute but standing can be brought up. Seems you have very solif reasons and bad representation as well.
“Similarly, in HSBC Bank USA v. Gomez, 2013 WL 105303 (App. Div. Jan. 10, 2013), defendants filed a motion to vacate default judgment 16 months after default judgment was entered and one day before a scheduled sheriff’s sale. Among other things, defendants in that case argued that plaintiff lacked standing to foreclose because it did not demonstrate that it took possession of the underlying note and mortgage on or before the date the complaint was filed. Id. at *5. In support of this argument, defendants relied on two cases in which the Appellate Division had permitted defendants to raise standing as a defense to foreclosure complaints — Deutsche Bank National Trust Company v. Mitchell, 422 N.J. Super. 214 (App. Div. 2011), and Wells Fargo Bank N.A. v. Ford, 418 N.J. Super. 592 (App. Div. 2011). However, the court distinguished those cases from the case before it on the basis that defendants in those cases had defended against the foreclosure and did not wait until final judgment was entered to do so:
As distinguished from the present case, however, in both Ford and Mitchell, the defendants timely filed answers and counterclaims in the foreclosure litigation, questioning the validity of the assignment, and contesting the plaintiff’s standing to file the foreclosure complaint, and our reversals were of the trial courts’ grant of summary judgment. In other words, the defendants in the other cases actively defended the foreclosure litigation from the outset and did not sit on their rights.”
I agree if it comes to that on bk but I would try to vacate and/or file complaint with CFPB and let elected officials know. CITI is part of National Mortgage Settlement! They are required to have reliable evidence, proof of valid transaction and valid documents. Once in bk can’t use settlements I recall. Just plain research, no legal advice.
And Citi also has a Chase type of settlement from July!:
“”Under the terms of this settlement, the bank has admitted to its misdeeds in great detail. The bank’s activities shattered lives and livelihoods throughout the country,” he said. “They contributed mightily to the financial crisis that devastated our economy in 2008.
Shares of Citi (C) rose more than 3% in midday trading.
What it means for homeowners:
Some homeowners with Citi mortgages could see the amount of their loans reduced, or could have their interest rates reduced. There will also be down payment and closing cost assistance to future homebuyers.” http://money.cnn.com/2014/07/14/news/companies/citi-settlement/
Definitely a crime if you lose this. Lots of ammo there.
Hopefully ldynps can help you with her motion and I’ll do what I can if I can add anything. In my situation before the criminal complaint sentence I was told by one lawyer that it would cost me $10,000 to put together the motion I needed while another quoted me $500. The $500 guy couldn’t make it and with just a couple of days to go I found a lawyer who did the motion for $1,000. This person just stuck to the basics and she got me a continuance.
Somehow I don’t think you’re focused on what we’ve been saying, it’s not an attack. There is no blueprint like you’re trying to find, that’s really the worst approach with the courts except for references to other cases.
I would say keep trying with lawyers but focus on them explaining to you your options not necessarily make the case for them. When someone sounds reasonable and isn’t going on script then show your research etc.
What’s the timeline per the statutes of sheriff setting sale and what are your options after sale and before eviction or recording sale?
Today Garfield has a case that talks about this as well.
“The case is a direct instruction to do what I have been advocating for years. If you think you have a meritorious defense or attack on the foreclosure, deny the implied claims, and plead and prove that your objection is not based upon procedural irregularities, but rather on the fact that the party seeking to sell or foreclose the property never had any right to appear must less enforce anything involved in the loan.
In this case the status was that the sale had already occurred and Recontrust was seeking the usual eviction. The Judge, separating the chafe from reality simply said that Recontrust had no rights whatsoever and that the eviction would not occur (judgment entered for homeowner) and that the reason why the homeowners wins is that the foreclosure sale was void ab initio.
The lesson is that if you are going to try to split hairs you are at best headed for a continuance so that there is an appearance of due process. But if you really want to win, then you need to learn something about securitization — the concept, the written documents and the actions by parties claiming rights under self-serving documents that are completely false.” http://livinglies.wordpress.com/2014/11/11/utah-judge-voids-foreclosure-sale-it-never-happened/
But he also says not to argue securitization, just to know how the fraud is committed and you can identify it. That’s exactly what we did showing breaks and no proof of payment.
And you also have this requirement:
Sheriff’s Sale
When the bank intends to sell your house, it must advertise the sale weekly for four weeks in a local newspaper. That gives you a minimum of another month after the entry of judgment against you. If the bank has a large backlog of foreclosures (and many do, these days) and doesn’t schedule the sheriff’s sale right away, you may have even more time. http://www.jenkinsclayman.com/how-fast-can-a-bank-foreclose-in-new-jersey/
Barclays Plc (BARC) and HSBC Holdings Plc were among six banks sued by U.S. soldiers and their relatives over claims they helped Iran process billions of dollars in transactions and support terrorists who attacked them while serving in Iraq.
…The case is Freeman v. HSBC Holdings Plc (HSBA), 14-cv-6601, U.S. District Court, Eastern District of New York (Brooklyn).
Good afternoon hammertime!
A decision was handed down by 8th district Court of Appeals in which I was denied reconideration of my foreclosure case and I would like to file a lawsit against the Servicing company and the said lender for fraud in the court… During Discovery the plaintiff and the servicing agent claim that they had in their possesion personal knowledge of my signing documents including the loan modfication through an Affidavit from the servicing company which is FALSE because I have in MY POSSESION the said modification aggreement and it was never signed nor was it notorized by myself
I went Pro Se in the Summary proceedure of this case but I wasnt allowed to speak during the hearing only submit documents and facts to the court in which I did but the plaintiff was awarded the decsion in which I filed an appeal and I hired a lawyer but the appelant court said i cannot raise any new arguments during the appeal process.
This case has been ajudicated twice before for this home because I had the oppotunity to state my claim during court but not this time.I would like to know the proceedure in filing a lawsuit against the Lender and servicing company seeing that their claim through an affidavit from the service company that I signed the loan modification.
Thank you very much
D.A.
hammertime
November 12, 2014 at 7:09 PM
Hi Don, answered your signup on link I posted. You may have to check your spam. What state are you in? I bought some time on my sale.
Carmen Segarra and Alayne Fleischmann, the Chase whistleblower this week are real patriots. We need a common sense approach to stop the theft of our country and restore real trust in our institutions and government.
You just need to fill you name in the boxes off to the side in order to sign the petition. Then it will ask you to verify it via an email sent to you at the email address you use.
hammertime
November 5, 2014 at 3:16 PM
Thanks Tricia, just beat me to it.
And for facebook PLEDGE just click on Like at top of page and comment would be good.
Here’s direct link to tab: http://bit.ly/1xJaWB7 with pledge. You would need a facebook account at facebook.com
I did the other petition on care2 as well, each has it’s different approach due to limits and kind of rushed. But they can all feed each other.
Thanks hammertime. Not sure whether I ever received the original note with SelMtg. The earlier Mtg papers were destroyed in a flood in my home. I only managed to save a few pieces. So, if Citi brings to bear the NOTE I received a copy of at closing with Flagstar, with what looks like my signature, what defense do I have if I don’t have one to compare? that would only make that one valid, right? Should I be asking for all the paid off notes through the chain?
NOTSETL is the satisfaction of the Mtg, (I think) – the ones recorded in my county file that discharge me from the debt with that bank. (Notice of Settlement) – that is not the note, is it? My signature isn’t on those docs. From what I’m understanding is that somewhere, Citi should provide all the original ‘notes’ being transferred and paid since SelMtg? Is it all the notes being paid from one to another the chain of title? Who else may have those docs besides the lender, if I don’t possess all of them?
No prob. I’d say you can work backwards from latest that claimed a payoff and question Citi’s standing. Then see what you can do to verify your debt and title as much as possible. With quiet title all who have claim have to step forward and if they don’t court will wipe your title clean and you can propose your own “modification” if necessary I believe. Need to run will review later.
That’s a great document for people to review. Lays it all out. Only thing missing is the specific complications of broken chain and verification of debt. If you verify Citi info against copy of note and they don’t match up with endorsements seems 8-10 would be covered. If they do then go back to previous note and contest verification of payoff is my thinking just opinion of course. But you also have options for OTHER to get into details it looks like. Now find an example of completed case and you should be set.
Suz
November 5, 2014 at 2:15 AM
Hi hammertime; ALL – Thanks for your response. I wouldn’t know if indorsements matched since the note I am in possession of has no indorsements, not signatures. It appears all the infor they set forth in the complaint are a mirror of the copy of note in my possession.
In any event, I wanted to be sure about whether Citi even had the legal right to seek/file entry for FJ AFTER having assigned the mortgage to FNMA/Seterus. I found this on another site, and am trying to discern between partial transfer. The mortgage follows the note, right? Perhaps it can define for others as well. Let me know your thoughts as I make my way through: http://my.firedoglake.com/masaccio/2010/10/20/legal-issues-on-enforcement-of-promissory-notes/
hammertime
November 5, 2014 at 2:50 AM
It’s late, but Suz I think you’re over thinking it. You don’t want to make it “right”. If there are no endorsements then that’s your reason to vacate as the form says. That’s it! By matching I meant see where they claim they were owner etc and see if note and stamps make sense. So if Citi claims they are not just the holder there should be an endorsement to them. If no endorsement that’s your case you even have the added case where it needs to be dated per the form! Just do that basic “matching” and get a consultation before you go crazy. If they match then make sure assignments are in order and working backwards to where you question they paid the previous loan. But I keep saying start with the fact you have no proof the previous loan was paid. Either way you want to show there’s a broken chain and not try to fix it for them! But if you have time have at it.
Hammertime. Did you receive paper statements from Chase? I kept all my paper statements from chase. They quit sending them when I got behind but then they put me on forebearance and from there trial mod which they breached (the first one) but I kept copies of all payment even though they quit sending me statements. 2009 is when they started getting sloppy with my mortgage.
There was a while they stopped then they did a new accelleration and NOD and started again I recall. They are now basically doubling the payment! This was done I believe to appear to comply with homeowner bill of rights that went in effect 1/13 in CA. 2009 is a key year but there is no way these were mistakes or sloppiness, again that let’s them off the hook like the settlements did although settlements can still be used. Late ’08 was when mergers, sales happened with WaMu, Bear Stearns etc. The “errors” were corruptions by MERS, and the servicers etc and now “errors” are being used to say they own all these loans and boot us out with no docs.
That’s the thing I can’t figure. A satisfaction of mortgage has suddenly showed up recorded by amro. But the recorded date is in2003. I did not refi. With Chase until 06. I had a coupon book with amro and then chase started sending me statements I never saw the release of mtg in public records until the other day which leads me to think that now the courts are falsifying recordings in public records and also a NOC was recorded from a company that did not work on my house. I am not surprised though. I have all the originals of satisfaction of mortgage showing paid. But the 2003 anti paper. I don’t have a original paid. I KEEP EVERYTHING. Now they are falsifying recording. How far will they go!!!
Ooh boy, hammertime – Please excuse the brevity of my response – I’m really not trying to be thick here, but apparently, I’m clouded. Perhaps I’m not communicating as effectively as I would like. And hopefully not taking up too much space here – I just can’t make heads or tails of the NOTE. The paper I have called a “NOTE” was presented at closing with no signatures and only lists Flagstar as lender. This is the only document I ever received regarding a NOTE.
Timeline IN and NOT in my file.
For this property:
* First NOTSETL -Mortgage originated with Select Mtg on 11/21/01. Recorded 12/10/01
* Select Mtg. assigns to RMBG on 1/9/02 (recorded) made payments to RMBG
* RMBG assigns to First Nationwide Mtg Group on 9/4/02 (recorded) have no clue who this is; never paid them.
* NOTSETL w/ SIB Mtg. 12/19/02 (recorded) – later recorded the actual mtg on 6/19/03
* Discharge Mtg with Select Mtg. 4/10/03 (recorded)
* Discharge Mtg with SIB Mtg. 1/30/04 (recorded, but part in blank (no state listed) on discharge)
* Refinance with World Savings (Deferred Interest Adj Mtg.) 1/9/04 (NO NOTSETL with this bank on record.)
* Discharge Mtg with World Savings (Golden West Savings Bank as “trustee”) 2/2/05 (recorded)
* Refinance -NOTSETL w/ Flagstar Bank 1/10/05 (recorded)
Then – started making payments to ABN-AMRO in 2005 – no assignment recorded.
Received letter from ABN AMRO on 8/10/07 to start making payments to CitiMortgage (understand there was a merger, but no assignment otherwise recorded)
I stopped paying Aug of 2012, then Hurricane Sandy hit and could no longer rent the unit. – (after losing job in 2008, 2010 nearly went into default, but managed to make up the payments.)
Flagstar assigned to CitiMortgage on 6/7/12 recorded right before I stopped paying.
Citi filed lis pendens and complaint (which I never personally received) 10/15/13
Citi files Request to Enter Default 2/26/14
Citi ASSIGNS Mtg to FNMA c/o Seterus 6/12/14
Citi Applies for Entry of Final Judgment – 7/10/14
Citi GRANTED Final Judgment – 9/23/14
Seterus contacts me via phone on 8/6/14 informing me I should have received a welcome packet and they have a guaranteed loan mod from Fannie Mae to get me started. I explain to Seterus rep that Attorney’s for Citi have a lis pendens (as I’m not privy to any complaint, etc.) and he checks with some managers and has no idea what I’m talking about. He’s happy to be of service and will send out a payoff quote as I had a potential buyer. Never received a thing.
Called Seterus back about Fj when I received it – they again have no knowledge and asked me if I received the mod package. They told me to call Citi and inquire about the FJ – I did so, was on the phone for nearly an hour w/CS rep who claims she contacted their foreclosure dept and every dept within Citi she could contact and none has any info on my acct. other than the account was closed and transferred on 6/1/14. They told me to contact Seterus to find out what was going on.
So are all these recordings only of lender/servicer to lender/servicer? No mention of a NOTE being transferred to any of these parties. Yet Citi claimed to hold the note and now Seterus claims, as does Fannie Mae that FM owns it. Can CIti still be holder after assignment?
I have on chance to file a motion to vacate, just want to make sure I have all my ducks in a row….
thanks for the link @ hammertime – I just don’t know which one to file- set aside a judgment, vacate a judgment, respond to surplus – extend time to answer. are these all separate?
Hi Hammertime
I guess I understand. I would believe that if a mortgage gets transferred to a new owner that there should be recorded in public records that it is paid off and transferred if to a new lender as if one refinanced. I am not really dealing with that so much asChase was my lender when I refiled and I also made my payments to Chase. But obviously I did sign a new mortgage with Chase and Abn amro was paid off(the original mortgage). No assignment necessary in my case. The question lies what Chase did with the note after I refiled and to my knowledge I do not believe they did anything. I believe they held the note and continued to hold the note since the day I refied with them and they r using Fannie mae as a cover up to hide all of the now obvious mistakes they made with me an numerous others. Fannie Mae is nothing more than a facade for these banks to cover up all their deceit and lies.
Ok this sounds similar to my case. Now you need to focus on how ABN went from being the original lender to you making payments to Chase. It sounds like you’re saying you started making payments to Chase BEFORE you did the refi? So they must have claimed to be the servicer at some point. Question is did they simply get servicing rights basically to collect payments for ABM or were they the investor or servicer for someone else?
They are manipulating the term refi in my opinion to make it seem that it was always the same account or an account was closed and re-opened making it seem like there was a PAY OFF when in fact THERE MAY NOT HAVE BEEN. This is where the MERS, WaMu chaos comes into play. Refi refers to that the loan is not a purchase loan. They can legally transfer etc but if I don’t know you from Adam why would you transfer a loan to me without payment? That’s exactly the point Garfield made the other day.
So when you have two completely different lenders on a refi you can’t assume it was “just a transfer”. I would say you should have the original paid note from ABN and then go from there and see exactly when and how and what version of “Chase” got involved. That’s what Bobbi and Eugene are talking about with CHF.
If we really work together and put our heads together I think we have some serious claims that make Ocwen look like child’s play. We have to quit playing the should’ve game and understand they were out to do us damage. I don’t think Jesus Himself just said forgive and forget.
@ LMS53 – In response to your post “The question lies what Chase did with the note after I refiled and to my knowledge I do not believe they did anything. I believe they held the note and continued to hold the note…”. Chase would not have any means of possession of the original note with ABN AMRO. The title company/closing agent wires the funds directly to ABN AMRO at the funding of your refinance and the cancelled note and mortgage along with the recorded satisfaction of mortgage recorded in public records are returned to YOU; not to the new lender (Chase). Chase has no purpose nor any means of acquiring that paid off note from ABN AMRO.
hammertime
November 4, 2014 at 2:23 AM
Yes but LMS is saying Chase was paid before the Chase loan so they may have been servicer as CHF or other entity. These guys lied and made up stuff not just “mistakes” and Fannie Mae etc. CHF took over my “loan” and then said it was WaMu 3 years AFTER WaMu actually returned my PAID note. What is it 10% of loans during this period were done the way they were supposed to? Every time we say they were mistakes or even robosigning we let them off the hook.
@ Bobbie Are you referring to this article:
Negotiable Instruments Explained by Neil Garfield
I read it as an overall primer with points like this that we need to keep in mind in general before going down the assignments rabbit hole:
“Then we go to the maker — the person who signs the instrument promising to do something — like payback a loan. Nobody would sign such an instrument unless they were protected from multiple claims on the same promise. So protection of the maker is of paramount importance. The marketplace would stall out if the maker was at serious risk of multiple claims that would bankrupt him based upon one promise.”
Amazing it seems as though he’s reading my mind or reading this board!
RHODE ISLAND FEDERAL COURT PERMITS ATTACK ON SECURITIZATION ASSIGNMENT
NOVEMBER 22, 2013
November 22, 2013
A New Jersey Chancery Judge has just denied a Motion to Strike a homeowner’s Contesting Answer and Defenses and dismiss his Counterclaim in a New Jersey case involving five (5) claimed Assignments which involve MERS, EMC, and Wells Fargo. In what appears to be a unique case, Wells Fargo has requested, in its Complaint, that the Court declare that three of the Assignments are void and of no effect. Counsel for Wells Fargo attempted to argue the Motion as one for summary judgment although it was not styled as such. Motions for Summary Judgment are decided under a completely different set of rules and case law in New Jersey.
The Judge stated that he has never seen a chain of title to a mortgage loan which is so complex, thus giving rise to issues of material fact and warranting denial of the Motion to Strike and Dismiss.
Jeff Barnes, Esq. represents the homeowner together with local New Jersey counsel Michael Jacobson, Esq. Mr. Barnes is admitted pro hac vice in the case and argued the matter within the last hour.
Q: What types of motions are filed with the Office of Foreclosure and what types are filed with the county?
A: There are several types of motions that may be filed in relation to a foreclosure proceeding. Some motions should only be filed with the Office of Foreclosure, while others should only be filed with the General Equity judge in the county of venue (the county in which the foreclosed property is located). Certain motions may be filed either with the Office of Foreclosure or with the county General Equity judge, depending, in part, on whether or not a foreclosure final judgment package has been filed with the Office of Foreclosure.
Types of Motions filed with the Office of Foreclosure:
Motion for Entry of Final Judgment
Motion for Entry of Default Out of Time
Motion to Vacate Default (if the final judgment package has NOT yet been filed)
Motions Extending Time to Answer (if the final judgment package has NOT yet been filed)
Motion to file an Amended Complaint (when any answer—contesting or non-contesting—has been filed)
Motion for Surplus Funds (if payment of surplus funds is not contested and the party seeking the funds was a party to the original foreclosure case)
Examples of Motions filed with the county judges:
Motion Extending Time to Answer (if the final judgment package has already been filed)
Motion to Vacate Default (if the final judgment package has already been filed)
Motion for Summary Judgment
Motion Appointing Guardian Ad Litem
Motion Appointing Rent Receivers
Motion Appointing Attorney for Party in Military Service
Motion for Substituted Service
Motion to Set Aside Final Judgment or Summary Judgment
Motion to Stay Foreclosure Proceeding (There are various reasons to stay foreclosure proceedings; the defendant will need to contact an attorney to determine if this option is available to him.)
Motion to Stay Sheriff’s Sale
Motion to Stay Eviction
Motion to Vacate Sheriff’s Sale
Hammewrtime – read the article by Garfield but that article is referring to the promissory notes within a foreclosure suit – not the promissory notes of a refinance. At a refinance the mortgage being paid off is satisfied and the note securing that promissory note is no longer valid. It should be returned to the mortgagee along with the recorded satisfaction of mortgage. Garfield is referring to the transfer of the promissory note and mortgage from payee to payor and the effect once it enters the realm of the secondary market.
Thanks hammertime, I am reading it, and it is basically my question as it appears CITI and Fannie Mae/Seterus are asking for the same debt. I found the NOTE in my paper file and it is what CITI claims as part of the original complaint, but it lists no OWNER, only Flagstar as Lender. There are NO signatures on this note.
Also, what I found puzzling though was why CITI’s attorneys forwarded the FJ to Seterus’ Foreclosure Dept. – under the guise – “For your information” yet Seterus claims not to have any info on my foreclosure which is why they are offering a loan mod. I’m trying to get to the bottom of whether at this juncture, CITI can amend the FJ to add Seterus as party, or substitute plaintiff either before, during or after the sheriff sale. I wish Garfield could outline how to fill out a motion form regarding this particular instance. Sadly, the clock is ticking and I feel I’m running out of time to file this motion. 🙁
hammertime
November 3, 2014 at 7:23 PM
So getting to the basics if Citi and Fannie Mae are both asking for the same debt and not by proper standing or authority then at least there is a cloud on title it seems. When you say you found the Note is it the paid off note on refi or the “current”, original purchase note in dispute. If current note sounds like it’s your docs COPY they sent to you which is ok. So you need to show some evidence that both are claiming the current debt. But what I’m trying to get at is if you refi’d did you receive the ORIGINAL NOTE, not a copy of original, marked paid and with proper endorsements and not JUST a letter.
If you received any other copies of the current note you can check if they match up with the one they first provided you and or if there are any strange or unmatched endorsements. On a transfer I do not believe you would have an endorsement. If there is an endorsement then there must be a claim/assignment to be investor or buyer or servicer. Again buying servicing rights is different. When you say owner that is confusing. There would be no owner designation on promissory note unless something unique in NJ. “Owner” starts coming up when there is an investor or some entity is claiming ownership through transfer. So that could be your red flag that someone says they own the loan but no records of assignment that should be backed up with record of payment and endorsement would be one clue. But the final evidence is wire transfer or other PAYMENT documentation especially if probable forgery involved. This goes to wording of “reliable evidence” in settlements and homeowner bill of rights language.
One of the points of Garfield’s primer is that we are protected from having multiple claims against us and assurances that debt can’t be charged without assurances of our rights being protected.
Not familiar w/ NJ but I would think you could raise these points for some type of continuance or get a free consultation to verify your options.
So POSSIBLY use clouded title, no reliable evidence that the latest one trying to take the property is the actual creditor and the biggie to me that no reliable evidence that previous loan was paid if you never received the original note stamped paid or with letter. Last one is where you would ask for and contest verification of debt. So if not done so then could be grounds for more time if you are now aware of problems of any previous verification of debt.
@hammertime – I don’t believe I have ever had an ‘Original NOTE’ stamped or with any endorsements. This should have been with my first mtg on this property, no? The only doc with the word NOTE on it is the one with Flagstar as lender and that came long after (several lenders) the original mortgage I took out with Select back in 2001. Actually, I just read that Citi claims to be the “holder of the obligation and the mortgage – is the NOTE the obligation of an in itself?
hammertime
November 4, 2014 at 2:17 AM
Yes, exactly it is the negotiable instrument as Garfield explains. That’s a very good breakdown that gives you your big picture, That’s a basic chain of title your lawyer should have done and would have charged a pretty penny. That note you signed way back in the beginning is like a personal check you wouldn’t accept a xerox copy of right? So each refi the note that was paid off with your wet ink signature, not a copy, should have been returned to you in mail and then you had a new note “active”.
It looks like SelMtg was your purchase loan and then World Savings refi and then Flagstar. So you should have a paid note from SelMtg and World Savings. Everything almost in between looks like has problems. World Savings prob predatory ARM.
Looks like Citi should have been servicer or investor on Flagstar loan where there should be proof of transaction. So the Flagstar copies should show an endorsement from Flagstar to Citi is my thinking and since everything is so messed up proof of transaction. Your dates of ’04, ’07/’08 fall in with all the “toxic” loans.
What is NOTSETL?
At the end it looks like dual tracking of offering mod while going forward with foreclosure while CITI may have no standing if can’t prove they paid off Flagstar.
You were also affected by harm done by banks in ’08 and natural disaster just like me! Although mine was just a freak wind storm!
I copied court options right from web site so see what makes sense as to where your at. Definitely get a consultation. If it is allowed it seems stay or extension would allow you to make them verify debt and standing and negotiate but first make them produce paid notes etc. In CA the entity/trustee pursuing foreclosure is supposed to hold the note. So it can go back and forth it seems from trustee, servicer, owner/lender. Yes, all separate, whole menu depending on where your case is in the foreclosure department? or county office. Sounds like your options are in county with final judgment package filed but not evicted right?
But sounds like you can even quote the judge on the case I sent of title that’s too confusing. Looks like multiple breaks in chain.
What Garfield has been focused on is that “lenders” are not saying they are “holder in due course” because they can’t claim you have no defenses so that’s why they only claim to be the holder.
You need to go to court house or online and not expect them to answer you at this point or there’s some violation there as well.
My experience in court is minimal but Bobbi’s advice sounded right per my experience. But don’t acknowledge any of the lender’s/servicers besides the original and even that you need proof that it was paid off with paid note. Don’t deny you owe anything but you can’t tell who is the real creditor at this point and they need to verify the debt.
Hello Everyone, I also have Chase Home Finance, LLC as the owner of the Note and Mortgage. In 2009, they claimed that they merger with JPMorgan Chase bank, N.A. and CHF was the successor by merger. The OCC approved the merger in May 2011 with JPMCB as the surviving entity. After a three year lull, now in 2014, CHF is assigning the mortgage to Bayview Loan Servicing, LLC who is acting as agent for M&T Bank. JPMCB was the alleged original “Lender.” No assignments to CHF, no assignments from CHF to JPMCB. Bayview claims to be owner of the mortgage and claims to be the servicer for M&T Bank. Bayview claims to have taken over the servicing rights from JPMCB and is servicing on behalf of FreddieMac. FreddieMac claims to own the mortgage since 2006, date of loan origination.
How did OCC grant approval of the merger when CHF and JPMCB were just the subservicer and servicer for FreddieMac?
Eugene – I have the exact same mortgage with Chase and the same language they used in the foreclosure action on the merger. Funny thing, though, is that the merger was never officially approved by the OCC in 2011. You need to look at the ‘conditions’ that were attached to that approval that were never met. YEP, I wrote and got the papers under the Freedom of Information Act. Just because they filed for the merger did not make it official. If you would like copies of what I have send me an email and I will scan and forward them to you. In my case just 4 months ago they sold my mortgage to Penny Mac and like you they never filed an assignment. When Penny Mac calls me I just tell them ‘you don’t own any mortgage of mine according to public records.”. You would think that after so many months of the same answer they would check the records….but what can you expect from minimum wage workers who do nothing but call (harass) people all day long
Thanks, that now makes sense. Didn’t think about that. I had a Substitution of Plaintiff on October 24, 2014 that was granted to Bayview that had stated in their motion that they needed this substitution in order to file a Final Summary Judgment. Really? I guess CHF or JPMCB didn’t have authority?
New Jersey, a judicial state, has the most corrupt foreclosure judges. I have another case where OneWest assigned to Ocwen and I have the judge all knotted up because I filed a “fraud upon the court” where he is the guilty party. In my hearing for this motion last Friday, he was so bent out of shape that he got up and almost left the courtroom.
If you can send that FOI on the merger, I would greatly appreciate it. If there’s something that I might be able to help, let me know. Thanks. eugenevillarreal@hotmail.com
@ Suz – No, that’s how they bamboozled us. Unless by note of settlement you mean the actual original note of loan that was paid off. In the past before this fiasco a reconveyance and or note of settlement was accompanied by THE PROMISSORY Note that you signed which represented the debt. Look up reconveyance and return of note should be ONE of the requirements. So if you understood and in the past it always meant that the loan was “paid off” you got that physical note BACK as your “receipt”. Chase actually wrote in a letter that their policy is to return the paid note when paid off but THEN said the loan was transferred and not paid off OVER 6 years! If it’s an active loan they will say they can only give copy etc.
I’m saying “receipt” to make it simple since people have a hard time now getting sucked into all the made up language of the banks. It became “kind of” paid off only after they went nuts with securitization etc. But securitzation is not the problem it was the bank’s chopping up of mortgages and MERS, COPIES floating everywhere, making a mess of things, NOT US who they put the blame on. So that’s why they had to start saying notes were lost etc.
We’ve been conditioned to believe a bank can lose stuff and it’s no big deal!
Long story short they are trying to say they can reconvey and send you a bs letter and that’s all the proof they need of payoff. So you should have received your paid note right after closing. I think this is the biggest mistake we as homeowners make to get caught in all the assignments etc when you have a refi at the root of your chain. If a brand new loan that’s different it seems. Unless they mix a loan with someone else but that can never happen. RIGHT?! Not!
The only way I see any way out of them not delivering paid note is if you agreed that there was no payoff somehow and basically they just restructured the old loan. I doubt any of us agreed to that but they keep insisting that’s all it is. My closing statement says “pay off” of such and such loan.
So if it’s the case your previous loan was PURPORTEDLY paid off but you never received the note that is a violation of your rights I understand. So you can say the debt isn’t verified from that point. I would look for a quiet title case to get your wording or basically fraud by anyone that claimed that the debt was paid when there’s no reliable evidence. Reliable evidence language comes from the settlements. I would go on https://livinglies.wordpress.com/ and read up.
Are you the one that paid a bunch of money to lawyers? I would complain and have them right it up AFTER you do the research. There’s a group that’s promoting that exact approach and I have basically had to by necessity up to now.
Hammertime
I know previous attny said at one point Fannie and chase were trying to claim ownership of note. There are also two recorded satisfaction of mortgages when I first bought property by Abn amro
Which is strange and both were recorded long before I ever refied with Chase. I wonder if the courts can backdate stuff like that as it would be easy for all kinds of fraud to surface without borrower knowing. I also saw an notice of commencement that suddenly popped up from 2008. I had a lot of work done on my house but never from the company that filed the NOC in cty records. Something is sure not right with what is going on in the courts here and I still have not forgot the fact that when I was 2 days away from my trial the judge that was assigned to my trial was an ex attorney for chase. I definitely feel they r trying to cover up something with my foreclosure but hopefully that will not happen now that my case is also being monitored by the federal court. As you said let sleeping dogs lie as I have no plans to move.
@LMS as previous post – the other part of your comment on Chase file you have endorsed you should match up as to refi, transfer etc and see if match makes sense and hopefully you can tell when it was endorsed. I think they are dragging their feet because there’s something wrong with your chain of title. Loan mod isn’t going to fix that. If you never plan to sell then maybe you could let sleeping dogs lie?
Well not what I’m saying and it seems we are being told different things by Chase as it fits their purposes. First I’m saying on refi and a previous mortgage/note was “paid” by right they need to send you the paid note as well as file a revonveyance usually. Now a transfer may be represented by assignment as Bobbi I believe was talking about can either be filed or not depending if for servicing rights (can also be sold?) or if loan was bought. So my takeaway is either loan OR servicing rights OR both can be bought by a servicer or other entity. That’s why their claims need to match up as to when they claim to be investor, servicer (what type) and they need to be backed up by endorsements on notes even if just copies if claim to buy or be beneficiary. Actually may be first time I put it all together so hopefully makes sense and double check. Only gap would be who is note endorsed to when to a REMIC etc and that’s where you get into whole investor hiding game it looks like.
Interesting hammertime that it has to be marked paid if transferred. The one in my file was only endorsed by Chase stamp and that’s it I will get on website. Just laying low because have court date coming up and my loan is back in underwriting for the umpteenth time. Can’t wait to see what they propose from the settlement. Not getting excited though
Trial payments are not the problem. It’s what they want you to pay back in total after they add on their lying fees, etc. why do we have to be responsible for all that extra money they want you to pay when they are the screwed up ones dragging Their butts and claiming to lose paperwork among all their other lame excuses.
@LMS hope you got the discussion on no payoff necessarily if transferred which is what banks are trying to claim that a transfer is the same as a payoff from my experience.
On letting sleeping dogs lie hope you get to that point but make sure they indemnify you I think is the term against any other possible creditors. Another basic issue that is ignored is in the title insurance we paid for usually they are protected against title defects and MARKETABILITY of title.
There are only 3 signatures and I don’t see where to sign??? Am I missing something here?
hammertime
November 4, 2014 at 9:04 PM
Maybe. You sign on petition link. The 3 signatures I think you’re referring to likes on facebook PLEDGE page.
The pledge is meant for officials to sign or like but need to comment if they only “like” so they can get credit. Haven’t worked out the kinks.
The goal would be to get as many likes by homeowners and other supporters.
You would be good since your a CA/FL combo.
You can download pledge or send link to official to encourage them.
I’ll keep working it as some big issues came out today regardless of who’s elected and we can’t stay in sidelines and with head in the sand.
So like and make a comment on facebook page and sign on petitions. As I said above need 150 signatures on White House petition to go public and 100,000 to get administration to look at. Shouldn’t be anything controversial so no excuse. It’s a 5 minute job people!
Pro Se, and Have Hearing Date on the 26th. Getting Nervous, but not sure if I should get an attorney to make sure I don’t lose on “rules”.
You know they win by knowing procedure, not substance most of the time!
Backed em off 2x before. Not sure this time….
Mers Recorded “Corporate Assignment” 6 Years (Or so, ) After the Pool Closed!
Anyone have any ideas?
Last time they (Wells, Agent for Hsbc, Agent for Merrill) Went Behind the Back of their attorney (they had on the case for almost 2 years), and on a Friday afternoon, Hired another law firm (Without their attorneys knowing), Had the Additional Firm File an Appearance on the Monday, all to get the Judge to Recuse Himself!
(The Judges Son just so happened to have started work there!)
They are dirty F’s!
Dont put anything past them!
Ideas?
hammretime
November 10, 2014 at 2:09 PM
Alright! Hasn’t gone viral yet! Remember need 150 on white house petition then 100,000 one at a time then will use other techniques as best I can.
100,000 is 2% of the 5 million homeowners affected at one point.
@golf check out Garfield’s post today on changing servicers, trustees etc. I would say remember the basics chain of title, reliable evidence of payments, authority etc
Good advice to Suzanne, Bobbi. I was wondering the same. I understand servicing rights r not recorded when transferred. But note ownership should be and understandably so. Chase has tried to say that Fannie mae is the holder of my note yet Chase was the lender and I always made my payments to chase which I maintain chase is also the holder because there was never an assignment recorded to show otherwise yet chase is trying to say Fannie mae is the holder. I say prove it!
@LMS That’s interesting I keep saying we need to compare notes. Join foreclosurehamlet.org and we can compare. Latest round with Chase they say the originator has paid note although they claim they paid loan at closing of refi as servicer as Chase Home FInance before the supposed merger.
A key thing for Suz and it seems this is a big gap in people’s thinking is when there is a refi and a payoff of a note they are REQUIRED to return the note MARKED PAID. Some state vary as to if it needs to be stamped. So in my case in ’04 my WaMu SERVICED loan originated by finance company THE PHYSICAL NOTE was ,b>RETURNED TO ME, ORIGINAL WET INK and stamped PAID by WaMu the purported SERVICER.
10 YEARS LATER they are still referring to the “loan” as a WaMu loan. IMPOSSIBLE.
So there may be broken chain or bad transfers all along but they can be “fixed” usually by state unless it can be shown there was no payment although there was claim of value paid.
So SUZ needs to verify if she got HER RECEIPT, the PAID Note from the refi I would say first then move up the chain and find where the PRETENDER lender pops up.
Get professional advice and/or do research.
Suz
November 2, 2014 at 8:09 PM
Thanks hammertime – when you say my receipt, are you referring to the note of settlement from one bank to the other when I refinanced? Say from World Savings to Flagstar?
Also Suz. If u were never formally served, the entire case should be dismissed. What state r u in? When a person is served, the server has to document a description of the person served. R u in the house now. If your neighbor volunteered enough info. To whoever was asking, maybe they thought you had abandoned and so the bank did not attempt to serve anyone thinking there would be no one to contest the foreclosure. Don’t trust anything any of the court docs sent to you. QUESTION EVERYTHING!
Make your motion to vacate and don’t let the bank attnys know what u have. You may have something that their attorneys or not aware of. Throw the banks attnys under the bus. They r making you out to be a deadbeat non payer. Remember this is what foreclosure is all about. These attorneys do not care how they get you to that point. They are paid to carry on with the lies and deceit the banks started. Make your motion and get your court date and get your paperwork in order and let yourself be heard. Don’t let the lousy bank’s attorneys win. You have to prove the bank is wrong and you are right!
Suz sounds like they r trying to do some backtracking to justify the foreclosure. I hope you have all correspondence from all these banksters whatever their role is/was service r or note holder. Put the timeline together with the correspondence and go to the judge and get it vacated if you want to stay in the house. Force their attorneys to explain the various servicers/owners. Especially that no assignment was filed until the foreclosure started. That would be a huge red flag to me. They r backtracking to steal your house. Put your paperwork and timeline together and take it to the judge immediately. I’m sure the attorneys will not want to deal with all those claims of servicer/owner. The attnys are always betting that u will walk away or give up. Don’t. Stand strong!
Thank you Lms53. I have all the docs the County Foreclosure Office emailed me that were in my file. Is there something I may be missing? I was never formally served – an estranged neighbor vouched that I had moved out a month prior to they’re trying to serve me – while I was just away and I never received the complaint, app for entry to default, etc. This lis pendens was only available to me through searching my county record I only received the final judgment through reg mail as a copy forwarded to Seterus (for their information). I wish I knew how to word all this in a motion. Do you happen to know if should send exhibits (assignments, etc.) with the motion, or bring them to court? Thanks so much for your help. An attorney out here states that the bank can file assignment whenever they want- It need not be as soon as they do it….but 6 years?
ASSIGNMENTS OF SERVICING RIGHTS DO NOT HAVE TO BE FILED IN PUBLIC RECORD! A lender can sell servicing rights and retain ownership of the note and mortgage. ABN AMRO was sold to Citicorp in 2007. They are mostly a mortgage servicing company. Suz needs to do a QWR (Qualified Writtten Request) to find out just where the note is at this point. If CITI filed the original lis pendens then it has to file the original note as well with the courts (at least in Florida). I would request a copy of the process server’s file since she was never served and taking a neighbor’s word is not sufficient evidence of abandonment (that’s hearsay and not admissable) . They should have at least checked to see if the utilities were still on at the home, evidence of upkeep on the property, etc. before they made the determination of abandonment. On another note, I would verify that the original note to Flagstar was properly assigned and endorsed to ABN AMRO especially since there was an acquisition involved. Assignments of mortgages DO have to be filed in public record. If Fannie Mae owns the note and mortgage as they say then there should be some sort of assignment, but remember, Fannie Mae is simply an investor (not a banking institution) and they will grant the authority to the acting servicer as the Plaintiff in a foreclosure action. Did Citi actually file the lis pendens under their name or were they filing as ‘Trustee’ under a securitized trust?
Suz
November 2, 2014 at 7:45 PM
Hi Bobbi – Thank you for this – All the assignments in my record are “Assignment of Mortgage”. Lis Pendens was created by CITI’s attorney – Citi is claiming to be plaintiff in the lis pendens which reads -“plaintiff is hereby given of the commencement and pendency of a suit in the Superior Court of NJ covering the premises, made by (Suz) to MERS as nominee for Flagstar Bank of which plaintiff is now the holder and servicer to recover possession.” That was dated Oct 15, 2013. SO, the only mention in the Lis Pendens is the original 2004 mortgage with Flagstar (which assigned to CITI in 2012.)
It may have been true that they held the note at the time But I don’t see how they could still hold the note if they assigned to FNMA (and Seterus as servicer) and still be granted this FJ.? So shouldn’t Seterus be initiating a new foreclosure proceeding? does this knock CITI out of the picture? Wondering if I should be bringing up the fact that two parties are requesting payment for the same loan/debt? CITI through FJ and Seterus through modification?
Not sure about whether the note was filed as well in NJ. Where might that info/doc be? This is a judicial state. Again, there is no assignment filed from Flagstar to AMRO. It seems as of the last assignment recorded, CITI assigned all to Fannie Mae this past June in care of Seterus in the middle of this foreclosure. I guess I’m having a hard time figuring out what to ask teh court for in this motion. BOBBI – do you know where I may get hold of the process server’s file? Is that a file held by the court? All I have is CITI’s attorney’s certification they provided the court.
I agree on the abandonment issue – I have been paying the utilities and condo maint fees all the while. I’ve been sitting with this motion form knowing what I’d like to say, but worried it may be the wrong thing or even the wrong form.
BOBBI SWANN
November 3, 2014 at 11:51 AM
@ Suz – We are judicial as well here in Florida so should be similar in nature. During the course of the foreclosure process during ‘discovery’ you could have filed a Motion to Produce and list the items you are requiring to the Plaintiff. With the judgement already in place you would have to file a Motion to Vacate and Dismiss. In that motion you would spell out clearly the reasons in accordance with law, why the judgment should be dismissed. Clearly, you were never properly served and the property was not abandoned and you can prove that with current paid HOA dues and utilities (which I would add to the motion as exhibits and clearly marked (Exhibit A,B,C. etc). As far as I can see CITI did have the right to foreclose if the Assignment of Mortgage was done in 2012 and this lis pendens is dated 2013. What CITI is stating in the lis pendens is that they acquired the note and mortgage from MERS as nominee for Flagstar Bank. If that is what is also the verbiage on the recorded Assignment of Mortgage in 2012 then they have full rights to foreclose. However, when you said Fannie owned your note and mortgage, did they tell you WHEN those rights were transferred to them? If that statement is true, then you actually have 2 mortgagees that can claim the same debt. The original note should be filed with the courts directly to the Judge. My biggest concern in your case is that you rec’d a copy of the final judgement via forwarded mail but never rec’d any other communication prior to that point? There would have been notices of trial date, notices of hearing dates, etc. that are required to be mailed either from the courts or from the plaintiff’s attorney. If the judge asks these questions of you, should you be able to get a court hearing on your motion to vacate, then you must be prepared to answer his/her questions. And when you stated ‘forwarded’ mail is that where you changed your forwarding address or was it mail that was mailed to you from another person?
In you Motion to Vacate and Dismiss, you also need to recite the fact that judgement should not have been granted since there are two entities claiming ownership of the note and mortgage, that being CITI and Seterus. You also need to recite that Seterus on behalf of Fannie Mae, is also offering you a modification of the same debt for which a final judgement has been granted by the courts to CITI.
When you are typing up the Motion just list in numerical order the reasons for your request. Add your exhibits to the end but be sure to match them up to your pleading. So if you have anything in writing from Seterus on the modification add it. As far as Fannie, you can check the Fannie Mae site for ownership and print that directly for an exhibit but you really need them to tell you WHEN ownership was transferred.
It’s not that hard to do the motion but you need to be clear and concise and state ALL your reasons, match up your exhibits clearly marked and file.
Suz
November 3, 2014 at 1:36 PM
@BOBBI – Thank YOU! I needed to hear this. It appears I couldn’t reply directly to your last comment on the motion to vacate and dismiss. SO hope you can see this. You are correct. CITI did have right as far as their 6 year late assignment go as to file FC complaint – and currently, the owner of the NOTE being Fannie Mae is listed on their site. As far as “when” Fannie Mae received possession, I would assume is listed in the latest assignment in the county file: having had CITI transfer all rights to them c/o Seterus on June 12th 2014 – over a month before CITI filed the notice of application for FJ on July 11th. As I mention, CITI claims to have NO information throughout any of their departments other than the account was closed on June1. I would really love to put the kibosh on this FJ, but I need to know whether CITI’s attorneys will just amend the FJ to Seterus after a sale? Is that legal? Can they do that? BOBBI – do I have to cite each law pertaining to my claims; request for discovery in the motion? TY so much!
Suz
November 3, 2014 at 1:47 PM
@BOBBI – I forgot to mention that the FJ did come as a copy to me – listing Seterus as the recipient of which I was copied AND it was also forwarded to my current temp address outside of NJ. So the answer is both. None of the other documents seem to have made it to me when I had mail forwarded – but I always managed to receive the utilities bills and other mail including a letter from CITI that told me my new servicer was Seterus as of June 1 and I should make all payments to them.
Also, if the actual original note was filed with the judge, why wasn’t it included in their certifications in the Complaint? Where would I get a hold of that document?
Suz
November 3, 2014 at 5:40 PM
Hi BOBBI – Lots to say to you today. Don’t mean to be so overwhelming. I did find the NOTE in my paper file dated Dec 23, 2004 listing Flagstar as the Lender – nowhere does it mention the “OWNER” of the note, except that there is a form tagline on the bottom of the first page stating “MULTISTATE FIXED RATE NOTE -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT.” Does that mean they are the OWNER? This NOTE is also not signed by anyone, including me – although it indicates in brackets to [Sign Original Only] Shouldn’t have I received the originals or at least copies of the signed and countersigned docs?
I am preparing the timeline as well as a timeline in my county records. Am I to understand correctly that once a mortgage is discharged through a re-finance, there not need be an ‘assignment’ of the mortgage or note by the bank discharging the debt to the new mortgagee? – Only when they, themselves transfer the mortgage? There are many gaps I’ve found that I believe this answer will satisfy. I have also found the pro-se motion to vacate the FJ form online @ http://www.lsnjlaw.org/Housing/Home-Ownership/Foreclosure/Pages/Certification_in_Support_of_Defendants_Motion_to_Vacate_Judgment.pdf , but it seems like multiple choice without being able to cite explanations. Is this what you feel I should be using at this junction? – also mentioned, was to file as ‘pauper’ so that fees would be stricken or reduced. I know there is a lot here and I so appreciate your patience. Wish we could email.
Went to the site but found it confusing…the “Pledge” needs to be front and center and not located on the MORE tab. Put what we want and what is right on the opening page or at least create/edit the tab to show ‘the pledge’. Just my 2 cents.
Here’s our chance to act as a UNIT! The goal is to have candidates and officials sign a common sense pledge to address foreclosure/mortgage fraud. A Congressman in FL is supportive from a reliable source. 😉 Like the page and add any comments. Email any candidates and encourage them to like the page and/or download the pledge and sign it.
Pledge is under the More tab and under Apps in Welcome.
It may be too late for this election but it could be a start and regardless of who’s elected we can make our voices heard. You can also sign a petition to Obama,Boehner, Pelosi and Reid. Think I forgot about McConnel.
Sounds like the court/judge had wrong info when they issued judgement or maybe that’s what the banks attorneys wAnted the judge to think. I would look at the court file to see what’s in there. Attorneys have easy access to files and can manipulate them to their benefit. My file started out as a paper file but now everything is submitted electronically so there is less manipulation but don’t be fooled by that either. I bet your judge does not know this and to him or her it’s just another closed case. I would definitely contest it. Sounds very fishy.
Don’t get the service r mixed up with the lender. If citi foreclosed and received summary judgement and they can prove that they are the holder of the note at the time foreclosure proceedings started, then once they get a judgement they can do what they want. You only have a certain time period to redeem the property or get judgement vacated. The servicer only collects your payments supposedly. They have no right to foreclose unless they are the holder. This is my understanding. Fannie Mae is the holder or investor but I don’t see how Fannie mae and citi could both be the holder of note. Citi would had to have sold the note to Fannie which obviously means they would own the note at different time periods. I have always believed that Fannie mae is nothing more than a facade for all these big banks to hide behind for all their dirty dealings and numerous screw ups they made
Thank you, Lms52. It appears through an assignment recorded in my public file that Citi assigned the mortgage note to Federal National Mortgage Association c/o Seterus (as servicer) on June 1, 2014. However, Citi sought final judgment on June 16th and was granted on Sept. 23. So Citi claimed to be the holder in the original complaint (Oct 15, 2013) and request to enter default (Feb. 26, 2014) including certifications on February 25, 2014. The question becomes: How can a previous holder of a note receive a final judgment after it was assigned and still be beneficiary of the debt.?
; How could a bank receive final judgment if it no longer holds the note?
BOBBI SWANN
November 1, 2014 at 2:16 PM
@ Suz – the date of possession is based on the date the foreclosure was filed; not the date that the court awarded the final judgement on June 16th. It goes by the date that they first filed for foreclosure. It that date was prior to June 1st 2014 (which according to your post was Oct. 2013) then the award of the final judgement is correct as far as the courts are concerned. How do you figure that Citi is a previous holder when the transfer was done June 1, 2014 well after the final judgement?
hammertime
November 1, 2014 at 4:20 PM
Actually a pretty loaded question. You may want to verify what type of servicer they claim to be. If FannieMae/Selerus only had servicing rights then my understanding is they could be holder of the note w Citi still claiming to be beneficiary. In CA I believe the trustee must be holder of the note when it pursues foreclosure action. Basically a note can be assigned for the purpose of foreclosure from my understanding. The problem is if CIti was assigned the note or did they actually fund loan? That’s where you need to do chain of title and payments, follow the money and check your dates, signatures etc! And read your documents and figure out where your debt lies.
@BOBBI, Lms52 and hammertime~ Thank you so much for your responses. This is where it becomes confusing to me. between Lender/Servicer – I made the mortgage through a voluntary refinance back in 2004 with Flagstar Bank. Within a few months I was then directed to send payments to AM AMRO (no assignment in the record from Flagstar to AMRO) Then in 2005, I was notified to make payments to Citi. So I had been paying Citi from 2005 thru 2011 – During that time there was never an assignment from Flagstar to either UNTIL one was filed on record to Citi in 2012 (~10 months after I stopped paying). How do i know who had title/note vs. servicing through all these transfers without assignment? All assignments on record are “Assignments of Mortgage” and don’t mention the note/deed of trust.
The Chrono – Attorneys for Citi filed a lis pendens on the property on Oct 25, 2013 along with the actual complaint. The request to enter default was filed Feb of 2014. Here’s the kicker – On June 1st – CITI, the ‘assignor’ SOLD, assigned all rights, liens, etc. to Contact Federal National Mortgage Assoc c/o Seterus. Attorney’s for Citi first sought App for Final Judgment on JULY 11th and was granted the Final Judgment as “Plaintiff” on Sept. 23, 2014 – 3 months after this recorded assignment.
BOBBI – I’m not claiming CITI didn’t have possession at the time the complaint was filed – I have no clue who did, even though they claimed to ‘hold’ it at that time. I call them the previous servicer because they assigned the mortgage to FNMA back in June. So, how can they be awarded the debt in final judgment and initiate a writ of execution when they are no longer involved? CITI claims my file was closed on June 1st and has no further record. (they asked me to forward the copy of the final judgment since they had no info)? So my question sort of remains – Can a court grant a judgment to a plaintiff who already sold/transferred his rights away before the judgment? Then how in the world can Seterus now want money from me in a modification?
As it is, I’m filing a motion to vacate the judgment and was curious as to how to word this part about who owns the note, has right to foreclose and who is paid after the mortgage has been sold. You guys have been great, thank you!
hammertime
November 2, 2014 at 1:31 AM
My starting point would be your refi. If there was a payoff they should have delivered the paid note by right. If they can’t prove they paid it then you can challenge the verification of debt. As Garfield says if all the other assignees claim they are holders of note but not holders in due course then there’s probably something wrong. So you probably have broken chain of title. If the assignments claim a different beneficiary or you were told there was an investor involved then you have to make them prove there was a valid transaction. If you requested copies of note there should be an endorsement to FNMA if actually “sold” from what I can see. AMRO is another possibel break. If you have a lawyer hopefully he/she asked these basic questions. If in CA you can raise these issues after sale and if pattern of harm done can be $50,000 in damages. If it’s within a year some lawyers in some states claim you can sue as well. If you paid so much and it seems almost nothing was done along these lines would think there’s some legal malpractice or other damages you could probably claim and try to to get your money back. I would guess that the original Flagstar loan claimed to pay off some loan as in my case but if previous loan and chain of title was corrupted by MERS etc your title could be even more messed up. Similar to my case but anything’s possible and you have to understand the specifics of your case. You may want to sign up on foreclosurehamlet.org to better review or see other similar cases.
@Idynps..hello,to fill in blanks,I was pushed into foreclosure without missing Any principal/interest pymts,lender manipulated default from force placed insurance NEVER needed,summons says I defaulted but my bank account/statements tell a way different story:-) I had a lawyer for 2years that stopped working on our case 6months after retaining him!but continued to bill me,after 3firm changes & busted him flat out losing,we FIRED him:-) & we have continued pro se,to date I have confirmation from chase we indeed had paid,as I’ve claimed since day one,BUT CHASE is continuing foreclosure actions on a default that is/was/always has been paid,,so I filed Motion to dismiss 🙂 Lack of standing with prejudice,on the following grounds..Committing fraud upon the courts by stating they are holder of note,They do not hold tangible note,..Refusing to cooperate with All attempts to stop illegal foreclosure..filing forged/faked documents in court &public record..False reports of default to credit bureaus,When it is the Servicer who altered records to MANUFACTURER the default..Unfair & Unexceptable loan servicing practices and actions..Scrutinizing foreclosure ATTEMPTS under Debt collection laws….
Almost carbon copy of my case…looks like they are going to tighten screws and set sale date. Do you have a case #, state, court where I can look up your case?
Angel
November 7, 2014 at 12:36 PM
@Hammertime:-) 🙂 sorry for delay on response,,but I filed Amended Motion to Dismmiss:-) 🙂 & case no.11-CI-00033.. could you glance over & give ur feedback:-) my court date is fast approaching &I’m not intimidated at all,,should of done this pro se from the start but if you could check it out:-) 🙂 🙂 still praying for peace,resolution to all fighting this un-real evil..CHASE!!!!!!!
Lerner Sampson & Rothfuss ,,,,their crooks,,& thank u for answering me:-)
ohioan
October 30, 2014 at 3:51 PM
Angel,
You are allowed to submit one additional brief if you have something more to say to strengthen your reasons for dismissing the complaint. Other than that at this point the judge will have to make a ruling on the motion for Summary Judgement submitted by Chase – if one was submitted by them, or you just appear for the bench trial on the 14th.
It sounds like you are in Ohio 😉
Angel
October 30, 2014 at 4:18 PM
I’m in Kentucky,so how to word it? Because I DO have confirmation now( after 4yrs) from chase with the assistance of CFPB,I would like to have the judge see this,on top of no deed/note,never filed/recorded in my county,& 100% proof of forged signatures
Yuba award cut. So much for trial by jury. Then again makes sense to some degree but people fighting for years, being thrown out for no reason with obvious “… evidence that the errors made were intentional or made in reckless disregard of causing emotional distress.” seems result could be similar as in Kalicki.
Hammertime, I don’t know if this decision came out of your home state or not, but I would bet that this judge’s campaign funds come from PHH…betcha! The people in that state or county need to get rid of that judge for sure!
hammertime
November 2, 2014 at 1:42 PM
In CA which was a minor miracle but I agree there’s a good target for the pledge!
I’m reviewing possible approaches for us to work together and be independent from any agency, law firm, politician etc and get direct and affordable help.
I still feel the file/sharing site will be a component but got bogged down on my case and didn’t have the full structure set up.
I came across a web site focused on quiet title with very good information especially on MERS by Lance Cassino. We got in touch and we had a very good conversation and found we have a lot of parallels as with David Black.
Turns out he is moving forward on a membership site that I am supporting to hopefully get off the ground and that we can be a part of. It can also be a model for other components of the direct homeowner approach I envision.
You can also contact me here http://bit.ly/Si8EL5 if interested in file/information sharing or want to review how we can work with Lance or independently or some combination.
My home in Florida was recently foreclosed and sold. (Purchased back by the bank). My loan is a classic 2005 Fremont mortgage. 100% predatory and sold to countrywide only weeks after closing.
Turns out, the mortgage has the wrong legal description. Not the same as the title / deed at the courthouse. This was only caught when they tried to get title. My attorney argued and got the judgment thrown out, and sale vacated.
Problem now is how do we proceed? I suggested we move for a dismissal. They suggest we wait it out and see what their next move would be considering they have to find someone from Fremont to testify to their intentions when the mortgage was created. Which they think will be almost impossible.
However, after what I have seen them do with the fake assignment of mortgages, I don’t put anything pass the banks. My attorneys are great criminal trial lawyers, but I think we need some help or suggestions on how to win this foreclosure case.
Instead of simply reacting to their moves what can we do? Now Nation star has hired Ackerman law firm and we have a notice to appear. Should we move for a dismissal or should we wait it out? What other options should we consider. Should we move back into our home since the sale was vacated?
Although they have defended many cases, our attorneys know foreclosures are not their main practice, so they are very open to any legal suggestions.
Move back into your house!!!! Do not wait for the lying lasers to make their move? File for dismissal with prejudice and move on with your life!!!!
Angel
October 30, 2014 at 2:40 PM
Hi,I’ve done just that,but received Oct,17 from chases lawyer a motion to strike my motion to dismiss,,,I’m acting pro she’ & my question is,do I reply to this? Or do I wait for my court date 11-14-2014?
I agree move back in as possession is what 90% of the law as they say!
In CA they would have to start process over again with Notice of Default I believe. Would be interesting to see what your lawyers would say for quiet title action.
In the state of Florida (and I’m not sure if that follows with every state) but the mortgage is filed according to the LEGAL description, not an address. That is simply because addresses can change through city or municipality or even the postal service, but a legal description CANNOTbe changed without authority of the owner of record. If they filed the mortgage with the incorrect legal description then they have foreclosed on the WRONG property. What they have is legally an ‘unsecured’ note…period. Oh, yes, they could sue you in court for a judgement, but you could easily wipe that out with bankruptcy if you filed before they initiated any action. File for dismissal and retake your property.
Tonyp
October 25, 2014 at 7:28 PM
Thanks guys. You are correct, the legal description is wrong on the mortgage. It says 50f…..instead of 50 of. They tried to argue scribblers error, but since it was on the mortgage and not just in the judgement paperwork the judge didn’t buy it and vacated the judgment and sale. The Original firm hired by the bank is no longer representing them. We got a new servicer (Nationstar) during trial, and now a new law firm just took over to represent this servicer.
My lawyer says they have the legal right to TRY to “reform” the mortgage with the correct description? Is this true? But he thinks it will be difficult because they will need an official from Fremont (they were shut down in 07 by the SEC) to testify as to their intent when they created the mortgage. Who knows what they will come up with?
If they had done a proper VOD wouldn’t that have caught this? My VOD was a robo-signer for B of A. Also, how can they have lien on my home and the one described in the legal description. I think they knew the description was bad. This is why they refused our request for modification for over 4 years. Fremont was cited for selling bad loans.
Wife is reluctant to move back in, because of all the stress of having to move out before. She’s afraid, we may lose and have to move out again? Not to mention we have young kids. Personally, I’m all for moving back in, but don’t want to put her and kids through that again, it was pretty rough having to pack up and leave.
The judges and banks are all working together, so even when the facts are on your side, they will still screw you. I think I will just take possession, close all the blinds and lock the place up. Or let my friends move in until i know for sure. Oh, they have also changed the locks.
Thanks Bobbi, I just spent all weekend researching the Florida reformation statute.
It appears that the reformation rules require that any reformation complaint must be filed within 5 years of the document’s creation. Simply put, “The statute of limitations” for reformation in my case passed over 5 years ago. So legally, they can’t reform the mortgage to change the legal description.
If I’m correct, shouldn’t this have been known by someone besides me? Just asking ? Seems strange? Such an important factor, If anyone know a good Florida Foreclosure attorney that can look at this for me, please pass their contact info.
Thanks guys
BOBBI SWANN
October 30, 2014 at 5:27 PM
@ Tony – Evan Rosen is the best one that I know of for a good defense attorney. He’s in the southern part of Florida. Don’t know exactly where your property is located but he advertises on this site as well. If not in your area you may just get a referral from him if he’s out of the area for you.
Tony, get your ass (and your family) back in that house! You are ultimately responsible for it until SOMEBODY takes ownership. YOU ARE THE OWNER. get back there and protect your home.
TonyP
October 30, 2014 at 12:23 AM
You are correct. But the mortgage/ management company they hired to oversee the property (the one that gave us the demand letter to vacate or be evicted ) changed the locks. I check the county records and property has been put back in my name, but I can’t take possession. I guess I could pay a locksmith to change the locks back. They also damaged the exterior lights on the home. SMH
Tony – Ever hear of a bolt cutter????? You can even use a Dremmel to cut off a door lock. Get the H*** back in your property and take back what is legally yours in the first place! You said your wife is afraid and will have to move again? Our men and women die almost daily fighting to keep the freedoms that we have alive and well. They do this with great bravery and determination. Don’t you think those that they are fighting for should do the same when we are presented with an enemy hell bent on destroying us? Where’s the same bravery here?
@ Angel – what was the reason that the lender’s attorney used for dismissing your motion to dismiss? You can can file an answer to his specific reasons, if any were given but you will need to recite rules of procedure or law to back up whatever claims you make.
ATTENTION VOTERS………….As I sit in California marking my ballot here because my home in Seminole, Florida was stolen by an unknown bank and allowed by an unjust JUDGE in Pinellas Circuit Court, I realized if I was voting in Florida, I could vote against her. I am posting this message to ALL who are on this site and remind you to VOTE each and every Judge out of office that have been on the bench for the past 6 years! Get rid of each and everyone one of them for allowing forged and fraudulent documents to be used in order to give away our homes!! TAKE A STAND and get these illegal Judges out of office……………………
this site helped me win my FC now I am trying to hang the plaintiffs lawyers, firm of Shapiro Fishman and Gache in Tampa, the witness for the bank was Moises Margulis, when I researched him I only found a attorney in south FL, I think that was him, older man, glasses, heavily accented English, salt pepper hair, overweight. I am looking for any information to use against them. I am asking for anything, anyone knows, I found his name on the robo signers list while researching for someone else. If I find more fraud where should I take it? Fla Bar? AG?
I have been sitting in other trials to learn if we want to keep our judges, Our here in Volusia county have been fair and honest.
thanks to all
Keep up the good fight
Karen? Your comment is rather interesting as you say you have been sitting in Florida Courtrooms to “learn if we want to keep our judges”??? For the hundreds of thousands of fraudulent foreclosures going on in Florida, most judges DO NOT ALLOW “people” to sit in their Courtrooms to watch their illegal rulings as well as not providing Court Reporters for the same reasons….You further post that in Volusia County, there is some type of unknown “fair and honest” judges? This is news to most people fighting to save their homes on this site so, I find your post very untrue. Further, you are asking what to do with a robo signer and who should you direct your complaint to? Karen, the facts are that No Agency Is Doing ANYTHING about the robo signing nor the fraud and if you really were sitting in Courtrooms, you would know that??? I question your intent??
Hi ALL – I just spoke with my new loan servicer (Seterus) and they have absolutely no record, nor knowledge of this FINAL JUDGMENT. They highly recommended I call CitiMortgage to find out why I received the letter while they are willing to work out something with me. I called CitiMortgage and they have no record of the FINAL JUDGMENT, asked me if I had another account with them, (I don’t) and claimed the account was CLOSED as of June 1st 2014-transfered to another lender. The agent assisting me said she exhausted all departments in search of info and found none and asked that I provide them a copy of the final judgment letter from their own attorneys to their research department! This order was finalized on Sept 23, 2014 As it stands by order of the judge, Citimortgage is to recoup the total monies and interest from a sheriff sale, yet Seterus wants to work out a payment modification with me! This is insanity! What to do next? Do I write the judge? Might anyone know anyone who specializes in this type of litigation or resources whereby they are aware of such practices? I cannot find anything specific as to a next step in this case. The nightmares all are suffering and those who have suffered is despicable.
why don’t you get yer butt down to the courthouse and get a copy of the judgment?
Suz
October 22, 2014 at 1:39 PM
Thank you, usedkarguy – I have been sent a “copy: of the judgment and am currently out of state across the country. I’m seeking to file a motion/injunction – just trying to figure out which motion I need to file at this stage.
I’m still trying to find an answer on whether the lender (Citi) can actually seek Final Judgment and be granted it AFTER it was assigned to another servicer (Seterus) Seterus (on behalf of Fannie Mae – who claims to own the note) is offering a modification, while Citi was already granted final judgment since they claimed they are the ‘holder’ of the note when the complaint was filed. (?) – I thought the note must follow the loan through a mortgage assignment. After to speaking with a NJ paralegal, she told me this happens all the time. it’s like I take someone to court and receive a judgment for an injury I sustained and amend the judgment to name a different beneficiary who was in the same accident – this is not making sense to me. What’s coming next? – Is it really that simple and legal for Citi’s attorney to now amend the final judgment to another beneficiary once a sheriff’s sale is complete? If anyone has info/not resources on this particular subject, I’d so appreciate it. I’m wanting to file a motion to vacate the judgment and would need to know if this is worth mentioning. Thank you ALL!
BOBBI SWANN
November 1, 2014 at 1:33 PM
Suz – as LMS52 stated, don’t confuse the servicer with the lender. Servicing of a mortgage can be sold and does not require a sale of the note or mortgage. The lender simply sells the ‘servicing rights’. In your case if Fannie is stating that they own the note then the loan (meaning both the note and mortgage) were bundled and sold in a trust. They are merely an ‘investor’. Citi used MERS to assign all of their loans when they were bundled and sold on the secondary market which means that your note and mortgage must be listed somewhere with the SEC (security exchange commission). I have always contended that a an originating lender cannot foreclose on a securitized mortgage since there are multiple owners (investors). At the time of the sale the originating lender (in your case Citi) would have had to assign it to the Trust thereby giving up all rights of ownership. The Trust has a Trustee for the investors and that would be the legal owner. And I still contend that even a Trustee under the Trust that holds the note and mortgage cannot foreclose because of the fact that the securitization of a note and mortgae alters the validity according to UCC. Most judges, however, will just ignore most governing laws of the UCC (Uniform Commercial Code). If you want to be able to vacate the judgement you would probably need to prove the ‘true’ ownership of the note and mortgage being held by Fannie and file as to “no standing to foreclose.” Good Luck!
Not sure if I’m on a particular thread in this forum, but am grateful for all the research and discussion. I do have a question – perhaps one or some of you here have experienced this: Citimortgage filed a lis pendens back in October of last year 2013)- had since received umteen loan modification applications from 3 different lenders as I had no idea who owned the note. (Each claimed they did when I inquired) In any event, I did not go through the LM process after hearing the nightmares people were put through being forced into foreclosure; besides not having a steady income to commit. On June 16th of this year, CitiMortgage assigned the mtg to Seretus. (Seretus) claimed they sent me a welcome packet…etc, which I hadn’t received – I told them the home was on the market and that Citi had a lis pendens filed. They claimed they knew nothing about that and wanted to offer me a ‘guaranteed’ loan modification – This was only expressed in a phone conversation whereby the agent verbally expressed only the amounts and dates, but I recceived no application paperwork – they claimed the owner fo the note was Fanny Mae – the agent said he would get back to me regarding the ‘is pendens’ info as well as a pay-off statement as I had a potential buyer. In the meantime, I decided to call Citi’s attorney who filed the lis pendens and request they remove it as it was hurting my opportunity to sell. The attorney said the lis pendens “follows” and Seretus now became their client – (is that true?) I never did hear back from Seretus, not did I receive ANY paperwork, requested or otherwise from them. WHAT I DID JUST RECEIVE through ‘regularly forwarded mail’ was a COPY of the FINAL JUDGEMENT granted to CITI on Sept 23, 2014, directing the Sherrif to sell. QUESTION! Can a bank seek and be GRANTED final judgement for foreclosure AFTER having already assigned the mortgage to another bank???? I was never served via mail or in person and there is no publication through which I was provided an opportunity to answer in defense of foreclousre. I have searched this site and the internet on whether I still have a right to respond, but cannot find any concrete suggestions/ways or means. Seeking an attorney is of no real option for me as I’m now working a minimum wage job. Any help would be greatly appreciated. Thank you for ALL of you who take the time to care and respond to one another.
If in CA and not in bk you definitely should have a boatload of options. All sounds pretty flimsy bordering on unbelievable like a couple of other recent posts but then 2/3 of foreclsoures are from ’08 and before so anything’s possible. On right track to contest foreclosure seems like quiet title would bring them all out of the woodwork. If they’re involved with settlements use their language and make complaint to CFPB, but make complaint anyway and request they stop sale.
Suz – you did not state what state you are in as the foreclosure laws are different for every state mostly. If you are in Florida you do have options especially if you were never ‘served’ the lis pendens. There’s also a line of proper paperwork that has to be filed by a plaintiff here in Florida. Outside of Florida, unfortunately, I am not much help but there are several if not all of the united states represented in this site.
Suz
October 20, 2014 at 8:53 PM
Thank you hammertime and Bobbi – the property is in NK (judicial state) I was never served anything – I found the lis pendens in my county record file.
Being that it has been a year and if there has been no appearance in a courtroom from any representative on your behalf, a court judge would maybe think the home was abandoned and they would grant a judgement in favor of the bank. I really don’t see how this could happen. I would go to your local court and file a motion to be heard and BE HEARD. Sounds like more typical underhanded banking which to the big banks are just the “normal” procedure these days. Does not sound right but I’m sorry to say if you were not paying or making an effort to pay, it just makes it easier for the bank to take the property. Good Luck!
Suz
October 20, 2014 at 8:57 PM
Sorry ALL – that is New Jersey. Thank you LMS, but I am in Colorado right now on temp work and cannot fly home – All mail has been forwarding but all I received in the last 2 months was an escrow notice from Seterus and this Final Judgement. I wasn’t aware I could appeal a final judgement~ (?)
This could apply to the 2nd lien issues we’ve been hearing:
Lenders Appeal Court Decision Allowing HOAs to Extinguish Mortgages
Author: Brian Honea October 15, 2014 0
HOAs to Extinguish Mortgages
“Several mortgage lenders have asked the Nevada Supreme Court to reverse a decision it made in September that a homeowners association’s (HOA) super priority lien can extinguish a first deed of trust nonjudicially on a residential property.
Last month’s ruling, which was issued by only a 4-3 majority, has only caused more debate in Nevada between mortgage lenders and housing investors over whether or not HOAs should have the right to extinguish a lender’s mortgage on a foreclosed property without going through the courts.
The ruling allows HOAs to legally foreclose on a property that is delinquent on dues payments and auction off the title to the property without the involvement of the lender or courts. The sale of the title by the HOA extinguishes the first mortgage, an action that the lenders argue is not in the best interest of either homeowners and lenders. Lenders contend that HOAs should have to go through courts when initiating a foreclosure on a residential property and they should not have the power to extinguish mortgages nonjudicially.
Lenders view last month’s court decision in Nevada as an industry-wide concern that could spell disaster for the mortgage industry as a whole, especially if it sets a precedent for other states.”
If we don’t let OUR reps know about OUR disaster we’ll keep being treated like 2nd class citizens! All it takes is 15 minutes to email, fax don’t even have to spend on a stamp! Even if you hate YOUR government!
hello all
copy of my post on facebook to gary sinise foundation and to Bernie sanders chairman of senate veterans affairs committee.
Posts To Page
David F Black
Today at 12:54pm.
hello Mr Gary Sinise Foundation as you know already homelessness among veterans and disabled veterans is a national problem. I am writing you as a 100 percent disabled veteran who is fighting to save my home from foreclosure. It seems under threat of foreclosure I am being asked to pay my mortgage payments two and three times from my disability pension for the same month and year. In my case I am not in foreclosure not in bankruptcy nor m odification and this is happening to many veterans allegedly like me. I am asking you to speak out about disabled veterans being denied modifications while their mortgaqe payments like mine disappear and then the servicer demands even more money. In my case, I am being demanded to pay on a mortgage that I didn’t even apply for. It was created without my permission or application. this is happening all over the country. in my situation the servicer has been fined $ 120 million dollars by us doj for targeting veterans for this kind of fraud and alleged extortion but yet they just keep on committing these crimes. We need your help. I and my family have served in the military since 1927 and when civilian federal service is added to that it comes to almost 200 years of service by one family to these united states I have filed over 50 complaints about this to the u.s. consumer financial protection burean and ellen warren senator on u.s. banking committee and patty murray my senator from Washington on senate veterans affairs committee and Bernie sanders chairman of that committee. to no avail. please help us by speaking out about this national problem. I do not have a VA mortgage loan although I am eligible for one.
Thank you, I will research the detail of the process we followed. Hating to sound so ignorant but it happened so quickly during a period I was extremely ill, recovering from a surgery that had gone bad.
We had a modification, we thought, in place with our first chase bank which at the time the 2nd was waiting to come through, he thought chase would never produce one. we had a plan with the 2nd if chase does not produce the modification after all the trial period payments and waiting, we would then sell the property together. Chase finally came through we showed the 2nd lien holder our signed notarized modification, he eventually produced a modification as well, we signed notarized the 2nd lien holders mod and sent it back. our 1st payment due 5/1/2010 he foreclosed on 5/8/2010. Additionally, we paid this man in February and March 2010 then showed him our mod with chase. He kept the home for 2 years before notifying chase although kept the hoa current.
Me again in San Diego California scheduled for my hearing in civil court for a trial that is scheduled in the month November we really need some assistance locating an attorney we have exhausted the private sector and phoned every help line available for legal services with no service available to us. This has been a horrible dusty trail for the past four years we have been so disappointed in judicial system. We have our tentative ruling, but no attorney, since running out of money, to date this has cost us to fight for our rights 51,000 in legal fees now no home and no retirement, is this for real?
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I would try for continuance and then regroup for trial
Another one where the 2nd lien holder foreclosed without the first made aware. I would let the first and second battle it out because the second acted as in the first position when they are not and is fraudulent selling the property in your name after they foreclosed on u supposedly. Keep your paperwork of the timeline. Forget attorneys. Just take a court reporter to your hearings and take it to the higher court if necessary. But sounds like deceit and fraud on the second. Sock it to them good!
This may seem un related but reflects the in competence in WA to deal with problems affecting us as with banks controlling Congress and being denied funds meant for us and our communities.
Guess Who’s Holding Up Ebola Aid?
Zoë Carpenter on October 9, 2014 – 2:14 PM ET
“A Republican senator is urging his colleagues to hold up the $1 billion the White House has requested to combat the Ebola virus in part because the plan “focuses on Africa.”
“I ask you to oppose fully allowing the additional $1 billion in reprogramming requests until previously requested additional information is available for members of Congress to be fully briefed,” Louisiana Senator David Vitter wrote in a letter to members of the Senate Appropriations and Armed Services committees. The $1 billion that the administration has requested would be redirected from funds from the war operations budget to pay for the construction of medical facilities, supply distribution, medical training and for military and civilian personnel. Most of the money has been held up for nearly a month, as Republicans on key committees demand more details from the administration.
We have depleted our retirement money retaining two attorney’s in San Diego California. Our first was disbarred neglecting several clients and most recently our attorney filed with court requesting early removal from out current case, just after our most recent tentative ruling from the judge:
a. Illegal foreclosure
b. breach of contract
c: fraud
d: our trial hearing is mid November 2014
e: readiness trial October 31, 2014
This was the second lien holder and a trust that foreclosed on us, evicting us from our home of 20years, rent scamming the property for two years before notifying the 1st and arranging a cash sale negotiating in our names. Leaving the property on our credit report allowing us to never move forward. If it wasn’t for us submitting US postal change of address on our old home several times we would never had known of the transaction of the sale of the property in our name! We need help we are fighters not just for us, but for all future home buyers. We hope to contribute some change in this crazy American scam that has hurt so many people….
I’ve been in touch with folks on here and an approach may be shaping up. If you’d like to get in contact you can email me at following signup form. I’m in Los Angeles area and have been fighting since ’08.
Thanks so much for responding to me! Sadly, does not look good right now with our lawsuit. Our current attorney has done everything attempting to sabotage to what is left of our complaint i.e.; filing late papers, submitting docs with many typos, and date reference errors, lastly yelling at me in front of the courthouse telling me my integrity is off the table.
I have cried so much, my husband fed up now, wants to drop our lawsuit and file bankruptcy, I told him I am not willing to eat Crow just quite yet! To date we spent with this attorney 18,000 and most recently invoiced for 20,000. Our first attorney we gave 17,000 retainer.
The fact that our home sold as a short sale Jan. 2013 and not as a foreclosure that we had thought and claimed on our 2010 taxes, somehow generated an IRS audit causing my husband payroll checks garnished, taking us over two years to figure out what happened? Prior to that, we planned to chalk this up as lesson learned, move forward but as we continued to sink we needed legal advice. So here, we sit, no money left and the trial hearing in five weeks. Looking forward to hearing back
Lisa – if you had a short sale on the house you would have had to sign a purchase contract, either attend a closing or at least sign over the deed to the buyers. In a foreclosure you are sued in a court, the plaintiff obtains a summary judgment and you doing nothing but walking away, signing nothing and never signing a deed. Once the foreclosure sheriff’s sale is consummated a Certificate of Title is issued instead of a Deed.
Putting your property into a trust is a popular way to insulate it from grabby lawyers. I’ve noticed it most recently by PHH mortgage in their most recent 10Q putting large chunks of their securitized holdings (your house and mine) into trusts, just in case they decide to file for bankruptcy and keep the assets of indeterminate value out of the trustee’s hands. it also has the advantage of making the company harder to value in case blackrock or some other sleazier-investor-than-thee-or-me decides to try a hostile takeover at 0.03/dollar. Sounds like a good strategy, if your desire is to keep the property.
MBA Pushes for Reg Changes as Lobbying Soars
by KATE BERRY
The Mortgage Bankers Association continues to push back against regulations stemming from the financial crisis, as the industry’s biggest lobbying group continues pushing for regulatory relief to bolster the housing market — and boost profits for its members.
That does not sound right since the first mortgage has priority over the second. I would first contact first mortgage that you are current on and let them know. Sounds like the second lie holder is another legal thug trying to steal your property. Really not surprised. Maybe the mortgage in first position can stop it or else get a lawyer. Does not sound right at all.
My 2nd foreclosed on my property in July. They are a private investor. My 1st was current. The property never sold at the trustee sale so now the 2nd is evicting us. They have never paid the 1st off. They are planning on using my 2% interest rate on the 1st to keep until the property value increases. Can they not pay off my first? Is there anything I can do to keep theproperty. My first (Ocwen) states that we are atil lthe owners of the property and are responsible for the mortgage. Anything I can do?
Thanks for the reply…… We did retain an attorney and had representation at the eviction hearing. Ocwen says there is nothing they can or want to do to help. They are also not asking the 2nd to pay the balance in full. The 2nd can still continue to make the payments set with the modification at 2% interest until they sell the property. I am still in the property and for some reason the 2nd has not asked the sheriff to come lock us out. court was Oct 8, 2014. Dont think my attorney was much help. He had a 3 sentence response to the unlawful detainer that basically said it should be dismissed because we are current on our first????
“Yuba jury awards homeowner $16 million in mortgage case
By Dale Kasler dkasler@sacbee.com
Published: Friday, Jul. 18, 2014 – 2:43 pm
It started out as a simple loan modification for a troubled homeowner. It turned into a $16.2 million jury verdict against a nationwide loan-servicing company.
A Yuba Superior Court jury this week awarded $16.2 million in damages to a homeowner who nearly lost his home to foreclosure after the loan servicer botched his mortgage modification, the homeowner’s lawyers said Friday.”
Karen….if you google John Kennerty deposition where he clearly admits he is employed by Wells Fargo and not MERS resulting in any Assignment that he signed as null and void. Just Google it…print all his deposition and file a motion to dismiss with prejudice. ..just my suggestion..
Good to hear hammertime. Not quite sure what your dilemma is with city but best to get it resolved ASAP and say goodbye to attny. They like to win but they can drag things out that are more easily resolved without them.
Thanks lms, David. I don’t understand it and don’t think even the court understood it. What I did see was the bias towards homeowners and in a weird twist towards landlords. Definitely working towards resolving, not a slumlord, but City, other officials will not acknowledge harm done by unlawfuf foreclosure. Lawyer was not jaded and just dealt with the facts which is what has been missing but looks like is changing. It seems we need to educate lawyers when they’re open but some have the same bias and presumptions which is where I agree and would rather stay out of court until this temporary insanity is over.
I am looking for assignment with C Fetner signature on it, for trail. the date is supposed to be 5/21/93 day of closing, but is on the allonge filed with the complaint. Wells Fargo is the plaintiff, the other signatures are John Kertney I have some assignments from this person with other banks, one is dated the next day, he was then working for mers with a different bank. I believe the assignments were created in june of 2006 by Douglas C Zahm Law firm in Clearwater, Fl. later additional assignments were crated by Nationwide title clearing in palm harbor Fl.
it is John Kennerty sorry spelled wrong also C. Fetner
karen
September 30, 2014 at 6:51 PM
as in “Geline v. Northwest Trustee Services” deposition of Kennerty .
is this in Florida, do you have a county or case # or Name??
I am in Volusia County
Concerned
September 30, 2014 at 7:25 PM
Karen, I found a couple of sites with docs signed by either a C. Fetner or a Catherine C. Fetner. One was for for EMC Mortgage on Dec 5, 2010.
On “http://pippinghole.blogspot.com”, I found a comment as follows: “EMC Mortgage Corporation-Catherine C. Fetner Sr. Vice President, Marileen D Bradley, Donna Graves and M. Mojar sign as Vice President. These woman work for Hanover Capital Partners located in New Jersey. These woman are also notaries in New Jersey, they are also notarizing the assignments for each other.”
On “http://www.foreclosurehamlet.org/profiles/blogs/here-is-the-motion-to-strike”, her signature was called into question by the court.
I also found the following document posted with C.Fetner signing for WAMU on 4/16/2003: “http://deeds.desotocountyms.gov/T/T01713-00242.pdf” The signature is simply 2 letters.
And on “www.zoominfo.com/p/Cathy-Fetner/218189022”, she is shown as signing for a few more companies.
karen
September 30, 2014 at 7:40 PM
thank you so much everyone got to get looking into it, have meeting with attorney in am he seems to listen and has been getting cases dismissed.I have been folling blogs for a long time we won in june, helping others
Foreclosure/Standing: plaintiff failed to demonstrate it had standing at lawsuit’s commencement and, further, assigned note after lawsuit but never received assignment of note back – Pennington v. Ocwen Loan Servicing, LLC, No. 1D13-3072 (Fla. 1st DCA Sept. 16, 2014) (reversed and remanded for further proceedings).
Foreclosure/Contractor’s Lien: reversing final judgment of foreclosure in favor of entity that purchased loans because fact issue remained regarding whether entity created investors that controlled developers for improper purpose of extinguishing contractor’s liens – CDC Builders, Inc. v. Biltmore-Sevilla Debt Investors, LLC, No. 3D13-603 (Fla. 3d DCA Sept. 17, 2014) (reversing summary judgment and remanding for further proceedings).
Foreclosure/Striking Pleadings: affirming striking of pro se defendant’s pleadings for willful and deliberate failure to comply with multiple orders – Ledo v. Seavie Resources, LLC, No. 3D14-21 (Fla. 3d DCA Sept. 17, 2014).
Quiet Title/Amendment of Pleadings: property owners should have been permitted leave to amend before dismissal of their quiet title claim with prejudice – Ledo Unrue v. Wells Fargo Bank, N.A., No. 5D13-3443 (Fla. 5th DCA Sept. 19, 2014).
STOP THE EVASION!
“Virginia drops JPMorgan from mortgage securities fraud lawsuit
By Danielle Douglas-Gabriel September 22
Virginia Attorney General Mark R. Herring (D) on Monday dropped JPMorgan Chase from a mortgage securities lawsuit against the country’s biggest banks, after learning that his predecessor Ken Cuccinelli (R) had already struck a confidential settlement with the bank.
The decision comes a week after Herring announced a $1.15 billion lawsuit against 13 of the country’s biggest banks for misleading a state retirement fund about the quality of bonds made up of residential mortgages. JPMorgan and its Washington Mutual subsidiary were named in the suit, along with Citigroup and Bank of America, for packaging faulty home loans into securities sold to the Virginia Retirement System (VRS).”
“According to Herring’s office, the pension fund failed to inform the attorney general that the previous administration had reached a $3 million settlement with JPMorgan in 2013. Terms of that agreement are confidential, according to attorney general spokesman Michael Kelly, who declined to provide details of the settlement. He said that the agreement “precludes further action at this time.”” http://piggybankblog.com/2014/09/23/virginia-drops-jpmorgan-from-mortgage-securities-fraud-lawsuit/
Wish me luck I don’t end up in LA Jail orange on Friday! Hopefully long shot.
Tried to get advice from Neil Garfield, Charles Koppa, and LA area “angry at banks” lawyer Stephen Golden but so far no go.
Lawyer is filing motion for continuance as we speak…Got much more to say on this matter
Good luck hammertime. We r with u None of these lies and deceit that the banks have pulled on us is worth jailte for us. They are the ones that should be fearing jail time
david franklin
September 26, 2014 at 1:16 PM
hello Lisa i sent you email and pics of black lab
I never received a reply hope u r well
Bobbi, I see youre online. I just found out that the magistrate for my trial Lisa Dolin Eiss is an ex employee of chase who is my bank. No Impartiality here! Are you kidding me. How can I object on these grounds. This is unbelievable.
no no that is f****** unbelievable. If I were you I would file a motion to disqualify them the magistr.atefor obvious reasons
Trevor Hitchin
September 14, 2014 at 4:41 PM
Can you verify if Lisa is also a shareholder…option holder..?
Unbelievable. File a Formal Justice Complaint…send it to everyone.
Moan -a- Lisa…… uggggh. Shame on you sister for removing yourself from the case….it’s called ‘conflict of interest’…
Thks all I need one for broward county. Elyse I will try and contact yours in pineal las. This whole thing stinks. Why is the bank telling the CFPB. That my trial date is to discuss the chase settlement only. But no one can confirm it and I get set up and go to the trial thinking we are going to negotiate and the judge thinks otherwise. I will show the banks response from the cfpb complaint. I am supposed to be on hold according to the terms of the settlement, but all the trial paperwork smells of another foreclosure off the docket! Why would I trust anything after what chase has done to us all. More trickery, no doubt!
I will keep all posted. Not quite sure at this point. There is a motion on the 16th to strike the trial on the 18 and now in my complaint to the CFPB chase replied that the trial date on the 18th is to Solely discuss the Chase class action that I am a part of but it looks like a trick to me. I would agree to go and then they have me and they slam the foreclosure. It is scheduled to be in front of a magistrate but all the paperwork wreaks of a regular foreclosure to me. I know I need a court reporter and I have made it very clear to my attny. I will not proceed to any closed door in that corrupt courthouse without one. I feel like a she role being led to the slaughter
The court can not deny you your right to have your
Own court reporter in the court room doing their job
The judge in key west tried to get me to send the reporter
Home but I said no.
He was pissed
Regards
David
It’s not about the Judge denying his right to have a court reporter, it’s about “finding one”!!!! Most in Florida are contracted with the BANKS LAW FIRMS so that avenue is difficult to work through…I had no idea how important this was until someone wrote it on this post… so I have been preaching it ever since. Do Not Wait To See If Your Attorney Hired Someone….demand it and secure your own, just in case! You can’t depend that your attorney cares as much as you do!! Just sayin! CYA
Agrees with Elise
However I just looked in the phone book and asked my attorney for a name and phone number for a court reporter and had no problem in key west fl finding one
Regards
David
CYA
These judges know all the illegal stuff these banks are pulling in the courtroom and I’m sure for a honest judge who believes in “Justice for All” it is really tough but I am also sure his strings are being tugged to get these foreclosure off the dockets one way or the other. Florida has remained the leader in foreclosure so for a while now and that does not look good for “the Sunshine State”. Also the REITs are investing big time here and review “housing wire” today. It is talking about securitization of single family rental properties and mentions the big players. Very much alive and growing in south florida so to me that says a lot about what is going on in the courtrooms in south florida. I am witnessing it with what I have gone thru with my house. The bank has bullied me by trying to claim all this money I owe to bully me out of our home. My son had to run another investor off. I really would like to know where they are getting their information
Law us about economics the banks per Florida law are
Paying the judges to foreclose thru fees assessed to the
Foreclosing party. And the fl supreme court is ordering
The judges to foreclose on everybody and collect the money
The concept here is that economics rule Florida courts ie
Bank money
The economics are against the homeowner
The judges want the bank money
No foreclosures no bank money
Not until the homeowners sue in federal court for their
Rights under the constitution and fed court upholds them
And fed court shuts down Florida. Kangaroo court railroad
Justice system the abuse is going to continue
I do not know of any homeowner who has sued the state of Florida
In federal court.
I sued the state if Florida in fed court I Miami as a
Disable veteran for vilationg my constitutional rights and
Took a court reporter to court
That changed everything in my favor I serve the Atty general of
Florida in Tallahassee
Hey don’t feel bad chase just notified me yesterday that I now
Two different mortgages in two different mortgage trusts
On my house with same trustee wells fargo for
A loan I didn’t apply for while chase has demanded multiple
Times I pay double or triple payments for same month and year
Under threat of foreclosure
Regards
David black
And the ag here in wash state and the uacfpb are just
Looking the other and throwing my and your complaints
In the trash and signalling these banks it is OK to do their
Shit and defraud us all and get away with it with no
Criminal penalty
That shows you what criminal bribery of our political
System can do
So, we are all very interested in what happened in court…Did you get a court reporter?? Was there a witness for the bank to testify about your payment history? If so, was the witness employed by the bank named as the Plaintiff in your matter? How long was your Trial? When the banks attorney lied, did you verbally object? Did the banks attorney file exhibits to the judge to enter right then and did you object to them if you never saw them? Did the banks attorney enter an ALLONG TO NOTE as evidence? What was the outcome??? We, who have been through this, know how uncomfortable being in a courtroom is, especially because of all the statements on this blog stating the Judges are turning a blind eye to the fraud…I’m sure I speak for many by asking you to please fill us in on what happened and what was your outcome….your experience will help those behind you!! We await and sure appreciate your effort with this fight for our rights!! It’s all our nightmare!!!!
“The courts have turned the corner. Decisions like this are coming out across the country from the trial and appellate benches as Judges and Justices are expressing their frustration and anger over the false submissions by banks pursuing foreclosures. Here the court had the option of remanding for further proceeding, allowing the Plaintiff in foreclosure to refile its claim. But instead, the Appellate court decided that the Defendant Borrowers should simply win the case.”
So sorry for my delay on outcome,ISNT one yet,chase ”third ammended complaint”added Fannie Mae as a Defendant also? My thoughts on that is because I PROVED county land records shows Fannie Mae as ”owner”we bought this property from F.Mae,2008.chase has paid our property taxes from our escrow,but as Fannie Mae…its fraud,on us,fraud for using a corporations name,actively,Knowingly doing so,HIDING behind FannieMae’s name because chase DID NOT FOLLOW MORTGAGE RULES,RECORDINGS OF MORTGAGES/ASSIGNMENTS. So its post/phoned til Nov 14…..I’ve been in total research mode,I WILL be ready the 14th:-)
@ Hammertime – I read the article that you posted the link on the courts in Broward County. I can’t see where there’s any light at all coming with the special courts set up by the State to get rid of the backlog and where under rules that differ from those that guide civil law in other types of cases in Florida and across the country. How in the world can this be seen as positive?
The light would be that of the media covering the charade and that a judge was voted out. Judge part may not be there and lo and behold borrower wins in FL! The truth is the light. Come to the light! 😉
It reached out to him several times, but did not hear back. Probably he agreed to a hush clause somewhere in his case. Broward cty is very sneaky and dirty.
Do Not Have A Trial without A Court Reporter!! I can’t stress this enough because, should you loose, you will need the Trial transcript in order to Appeal…if you don’t, then whatever happens in the Trial will just be it!!
The Judge will make some introductions..for the record.
Each party will be given a chance to present the merits of your position…fear not…speak clearly…state the Truth…remind the Judge about the 13 banks nailed by the Department of Comotroller…the robo signing…the 43x loan amount incentive to steal…
I would not want to be the other atty…he/she knows there is a light at the end of the tunnel…and its getting brighter…and it aint daylight…you’re gonna win…then y’re gonna tell us all about it….
I see the future…and it is bright. I picked up my audio transcripts from when Judge Christopher Bieter and MetLife stole my home….that judge. .that Bank…that attorney are in hot water…initiated my formal complaint w CFPB…the schoolyard bully is getting his perverbial a$$ kicked…and how… Remember.. yre in good Co.
give it all you got, the banksters are the liars. Don’t let them intimidate you. stay focused and calm and speak with facts and have your proof ready to show. Much luck and god bless
Howdy y’all,I’m up to bat tomorrow morning,Pro Se,I filled a motion to dismiss for Lack of Standing’ with prejudice & stated grounds,I’m not gonna lie,I’m nervous!!never had to do this before but I have All I need but…What is it going to be like? Never been in front of judge,,so any input on procedures would be greatly appreciated:-) peace,love,resolution<3
We’re all behind you. Maybe review some tips on https://livinglies.wordpress.com/ if you have time. If not just go with it and and your convictions. Maybe the light will start to come on in that dark corner of the universe. Courtesy of David.
Hey trev. Don’t look back. Believe me I know how bad it hurts. Push ahead and give it tour best. We don’t have a choice if we look back. These times are bad for all. It’s the moral decay that will kill us. Be glad for that ford pickup. As long as we can go where we want or need to and it gets us there, what else matters. We all have a purpose on this earth to fulfill and nothing less and maybe some of this is that purpose. Thanks for your help and encouragement. I got a response from cfpb and there is a letter from chase saying that my trial date is really a mediation for the class action settlement that I am a part of and it gives the contact number of the banks attorneys to verify. How stupid do they think I am. When the vultures are circling and everything reads on the courts docs as “foreclosure trial”. What a Maroone as bugs bunny would say.
David Stern was disbarred as he should be. Seems like that fact alone would give you a new trial. Yes you have to fend off the vultures in florida as they are constantly circling. It is disgusting
Here. Yes I am pissed off too. I did get a call back from the federal court today and preparing my back up strategy. Chase gave me the runaround all day today and I am mentally exhausted. Yes I too used to be a happy upbeat person until I fell into Chases world of trickery and deceit. But these days seems to be the way it is. As they say I am in this place but not of this place
I sit in the corner…busted up neck and shoulders pinned in…like a boxer in round/year 24….I am exhausted and hopeful….beyond spent…
I thank God I have a corner….on the ‘worst’ street….in a trailor…in the crime ridden…drug infested city next to Boise ….by American standards…I now live in a meth hood…a literal dump for the disadvantaged….and to think….7 yrs ago I was checking in to The Four Seasons – Singapore on Hewlett – Packards dime….owned my own Craftsman home in Boise’s desirable North End / Historic District….had a company SUV and a spare R Rover in the garage…….thi week I bought a 1986 Ford 150…rebuilt engine….gets 10 MPG….nothing fancy. ..but its what ruined credit and $1,100 will buy….but hey…I thank God….my service lab and I found a place…..to crash….to heal….to regain strength to fight another round…..yes people…this is economic warefare….AND if the sleazy mayor….hus brother the judge….the Atty Gen…if their Klan will all abuse me….as they have….nearly tassered by 6 Boise cops for challenging the fraudulent sale…..they will do the same to you….I wish I could shield everyone from this cancer….its the Financial Ebola of our times….its an indication of how far from Christ/Buddah/Spirit we as a Nation have tilted….its pathetic actually.
I say I am grateful as this fall to the bottom has taught me many lessons. ….primarily…it has taught me to never give up or in…ever….it helped get me over my fear of corruption. ..cops…judges..mayors who cldnt care less….
I plan to read ‘How to win your Case’….and then I plan to file multiples…qui tam…
It will serve the Nation in the end…..there will be fraud cases heard for the next 10 yrs over this carnival…..it gives us a chance to test our metal….but yeah…im balding….not happy…fianceless….nearly broke…but far from broken….I have a corner…last week I had the streets….no wall to hang my framed MBA Diploma….
So lms….if yre Court date is in 10 days or so….type a Victim Impact Statement to your local Police Department. …hand a copy to the Judge….cc the Federal Judge a la Chase Settlement. …maybe a cc to Holder as well…..it may help….you no longer have time to file a new police report and expect to have a copy by Court Date…..following me?
Then watch Men Who Stare @ Goats…..use your psychic advantage. …it works. I once shot a pigeon out of the sky w just my thoughts….w a witness….my father. I knocker a kid off his skateboard just this week @ 200 feet w just my thoughts….I felt badly but it demonstrated that ‘yes’…..I do still have my gifts. Use yours in Court…..immediately file an appeal and call me if all hell breaks loose…..help is on the way….but there is blood and sharks in the water….orcas too ;)….. 208.703.9525. A well placed phone call at the witching hour can help….
I just wanted you to know….you’re not alone…. give it all you got….and BE all you can/will be…Soldier. The score is 99:1….we are cheering for your victory. Trev
Trevor Hitchin
September 8, 2014 at 8:24 PM
Sorry for the typos….im fn exhausted too….just keep swinging w your fists of truth until one of you falls. … ‘the Sun also rises’. 777
Fortunately the modification I signed Bobbi affirmed the debt much lower than the original mortgage and that’s why chase reneged. Got them!! For breach of contract. As they say it ain’t over to the fat lady sings and she will soon be gasping for the breath to let out her first note
I’m hanging in hammertime. Don’t have a choice. I have a child in school and 3 dogs and a cat. Where would we go. I have to keep fighting for my family.
Well, this is where I am right now….I was fraudulently foreclosed on in 2012 and then in the Appeal process, which did nothing so I filed for a MOTION FOR Retrial because I never had one hearing since complaint was filed by David Stern Foreclosure in 2008…I now filed complaints with the OCC, who refers all mortgage related issues to the CFPB, who is operated by the Federal Reserve, which is owned and operated by the Banks!!! So, I have been fighting off realtors who may attempt to sell my house, which has been empty since 2012 as a result of the court allowing the bank to file forged documents in order to obtain a foreclosure at any cost…Whenever I get an alert on my house through Zillow, I write and send my formal Cease and Desist explaining they will be named in a lawsuit should they sell my home because the real Party Of Interest is unknown and the Appeal Court is now reconsidering my MOTION FOR RE-TRIAL…..I am dodging bullets as best I can but fighting with crooks is taking all my joy and makes a normally happy lady really pissed!!! Just wanted to share my fight as all our issues are so very different but all the same….we’re under attack and we’re pissed off about it !!!
Thks again hammertime and feel better. I would not put anything past evil Chase. My son had to run off some investor drove right up on my property as if he owned it already. Told my son our house was on “the list”. I would like to know wtf list he was referring to and where he got it. Don’t risk going to jail over chases crap. Why make their theft any easier. It is always easier to steal when no one is home.
Working together even if it’s not as much as we’d like always helps and who knows someone out there may be going through the same thing.
Seems like I’m on a runaway train headed for multiple collisions. Hopefully I can jump off before the 26th!
I’ve used the IFR framework consistently to question how stupid the payout was. I would also throw in the Kalicki and Yuba cases in your correspondence wherever you can. No more excuses for whoever sides with banks.
I had same experience with investors, brokers who wanted to steal my property for HALF the original principal and Chase was all for it. What’s wrong with this picture! Things are so crazy here in LA, CA that prices are way past bubble values. Houston, We’ve got a problem!
Looks like reply didn’t take if repeat. Working together however we can, always helps. Someone out there may also benefit with even a small piece of the puzzle. We all do what we can. I’ve come full circle from brokers, investors telling me it was a good deal to short sale for half the principal and Chase had no problem with it! Had to chase people off and got into it a couple of times and then the city decided to dog pile. Brokers, investors, politicians are all sipping their tainted champagne but the truth is coming out! Have experienced mini version lately. Hang in there!
Lms52, I know what it is like dealing with Chase. They are pure evil. If they have a foreclosure sale date your house is probably on a list of houses up for sale and they will also be listed with your county. All of which is public information. Also, you might want to put a No Trespassing Sign that should help keep them off the property. We found most people will not cross them regardless. Just make sure to notify the Post Office it is ok for them to cross the No Trespassing Sign or you might miss out on some mail.
Has anyone read the OCC booklet called financial remediation framework. It was written for the borrower a/k/a “the screwed homeowner”. No wonder the independent foreclosure review resulted in peanuts to us. If they really would have given us an “independent” review, we would have broke the banks for all the wrongs they have done to us. For those of you that have already lost your home, there are cash remedies for bank errors. This maybe good if you want to seek monetary remedies
Thks David and Hammertime. I definitely plan on having a back up if on the 16th, the judge denies my attnys motions and it proceeds to trial two days later(what a rip off) I will withdraw him in the courtroom if I can. I am also carefully reviewing the settlement to see what can be used from it besides the fact, I am entitled to another review for modification. I am open to suggestions. I am hoping the attny is doing right by me but hard to tell at this point and he is on a vacation until one day before the hearing which is a red flag for me. He either thinks he’s got my extention secured or I’m getting really screwed
As usual not legal advice but I would focus on standing, debt (accounting) and chain of title. Sounds like everything but some good examples hopefully from your QWR’s and again report to CFPB what’s going on and copy your reps. Chase is still playing games with me and I have City criminal complaint against me even as they admit not enforcing laws. BUT sale taken off calendar. AND I have tons more ammo. If they steal my home or throw me in jail over this it WILL GET OUT.
We are being attacked on all sides you gotta have all your bases covered and just do it and don’t quit! Then or simultaneously take it to Trev’s level as it applies to your situation, jurisdiction.
Just getting over seems like month long flu and getting my ducks in order but will try to review your info again and be an extra pair of eyeballs.
If there wasn’t a “difference” betw parties they couldn’t good cop/bad cop us to death!
@ lms David and I are on the data trail and your case and description of area definitely came to mind
David has mentioned continuation on basis of inadequate counsel?
In CA it may now be “advantageous” to let them sell and then sue for violations of homeowner bill of rights, settlements etc.
If you really want to throw them for a loop dare them to STEAL your property!
We’re at an extreme stage in this country. Republicans are using liberty and freedom to say there should be no rules when it comes to Wall St. Democrats then say banks/corps don’t have to play by the rules because it’s too expensive or fear of the sky falling Wall St lobbyists scare them with.
Anyone that accepts money from Wall St should be branded a traitor and thrown out come November!
GOOD CALL….search your own States representative’s and if they “smell” VOTE THEM OUT….I’m voting ALL BLUE only because of the non sense of the GOP holding our entire country hostage because they can’t believe President Obama got elected….twice!! November is close and just in time!! Don’t hate me cause I’m voting BLUE 🙂
hammertime
September 6, 2014 at 7:15 PM
Been in catch up mode! Interesting stuff in LA, with CFPB etc.
We have to make sure Dems don’t ignore us and think we’re an automatic vote. We need new blood across the board if these lifers don’t do their job.
I have contacted the federal court judge to make him aware that his ruling apprently means nothing in the broward county florida courts. I would think his ruling would take precedence over this mickey mouse courtroom
I have a suggestion but if someone would chime in if it’s proper protocol…like protocol matters anywhere….rrrrr……Question: Can Ims53 prepare and file his own MOTION TO WITHDRAW COUNSEL because the guy is on vacation? If so, in that MOTION, he could request the 60 days required, on his part, to search for an ethical attorney and have time to bring the new attorney up to speed, so to speak…If Ims53 can file his own Motion, he would also need to provide an ORDER GRANTING COUNSEL TO WITHDRAW for the judge to sign right then and there…Also provide with addressed and stamped envelopes to all PARTIES so it is easy for the Judge to process….That’s what needs to be done but if his attorney is on vacation as stated, it’s doubtful he will have or take the time as it would need to be done within one day!! Tough call but IMs53 is sure in a mess and can use all the help from this blog as we can give him!!!
What is the Judge’s name and contact number….post it here. There is a tide shift happening at the highest levels of World/Justice order….inform the Highest level of Court overseers.
My suggestion….and I have said it 3-13 times before….file a gd police report…TODAY.
List the name & # of your Judge if known.
Contact #Anon….ask for ‘eyes’ on your sitch.
Tell them I want Justice for you…then me.
…the gloves have been off for years.
We now fight from the streets. The DR# helps your paper trail if you do get thrown to the wolves.
Follow my advice…..stop ?ing me…
♡s & kisses….
-Hitch
i remember tom saying to file a motion to show cause for a foreclosure stay or ask for mediation. I am working on a modification which is part of the settlement agreement in the chasemdlsettlement. On top of the hearing for the 16th, this attorney has decided to take a vacation until the 15th (one day before the hearing) furthermore, why would they also already have a trial set for the 18th. This to me smells to high heavens. I wouldn’t even have a chance to speak to the attny before the hearing and to me it looks like that is just the way he planned it. Banks attorneys have obviously got to him too. Tom , are you out there?
lms – when you are working on a modification you are working with the work-out dept of the lender. There is no, no, no communication between them and the attorneys representing them. The attorneys for the bank have no clue whatsoever that you are working with other individuals on a modification. Your attorney, on the other hand, should have filed a motion for a continuance based on your current status with getting the mod. Judge certainly won’t grant a dismissal just because of a pending modification but would probably grant a continuance if he was aware.
He is requesting the trial order to be stricken, but not for that reason and he is aware that I am working on a mod. the bank is sending correspondence thru his office re: mod and he is forwarding to me via email. he has motioned the court that my case is not ready for trial for several reasons, but nothing to do with the fact that I am trying to get modification, but I guess he could add that when we go to the hearing. mostly he has motioned that he is new to the case. I only retained him in july when I received the notice of trial being set. He is asking the court to strike the case from the trial calendar and/or continuance so he can file a supplemental answer. sounds good (I guess) but what if the court denies and trial has to go on the 18th, I am screwed.
hammertime
September 6, 2014 at 7:10 PM
Very true in my recent experience. That’s another reason mods are a trap. You don’t need to apply for a mod to assert your rights and settlement standards. Violation of single point of contact, most likely since not attorney etc! There may be new legislation or warnings that servicers can’t be manipulated to push through unlawful foreclosure I recall. May want to look up comptroller of the currency to back you up. Recent Garfield post on warning by OCC that banks are REQUIRED to follow state, federal laws.
Reminds me of bank tactics before settlements; key contact goes on vacation, loses docs etc. The added twist is lawyer involved but we’ve seen actions taken against lawyers more recently for doing what loan mod scammers were doing before.
I think we’re battling bank money influence at all levels, not just the politicians. As recent article said we need to worry about staff people not just the politician in the headlines.
Still, there are documented rules and I would question your local representatives and then make their responses public no matter how screwed up they are.
@ Hammertime – very true on your response. We have newly passed laws here in FL that is supposed to prevent a plaintiff (Bankstas) from filing without first showing proof of possession but like everything else, the laws mean nothing to them and the Judges being on the payroll of the banks, don’t enforce them either. Such laws, etc. are a total waste of time. These modifications are a joke! By law they are supposed to be recorded but they never are!!! Why? Because they are a scam and don’t want it on public record. They get ALL your financial information including how much money you have anywhere, bank statements to let them know what you spend your money on,…..everything about you. They take your money for 6 months and then they default you and you’re back in foreclosure again. Only this time, you have no defenses because you signed the modification and AFFIRMED THE DEBT. Gotcha!!!! Everyone seems to forget that these ‘settlements’ are negotiated by a politician who relies on banks to fund their election campaigns….duh? They are practically worthless, esp this new Chase settlement – just a bunch of mix-match words on paper but has no real sustenance.
hammertime
September 8, 2014 at 4:18 PM
This is how screwed up my case is. On the loan that was supposed to be paid off, now 6 years later Chase says it was transferred and didn’t have to be paid off, was never in default but there was a strange note in credit report comments “affected by natural disaster”. Remember when the sky was falling and Sheila Bair was trying to say homeowners needed to get relief as if in a natural disaster? She was laughed off the stage but looks like banks used that reasoning for themselves! When I complained my credit reports were changed so that all my loans since ’98 listed WaMu as the “lender”. When I complained about that they were then changed to Chase. Then I complained again. Nothing wrong here though as long as they responded per our hero Joseph Smith, settlements, CFPB and every politician taking money from these crooks.
apparently wall street has already took over broward county with the rental housing market (invitational homes 2) and the local courts, but then they would have to go hand in hand.
I called tom yesterday and he is supposed to call me today. The fact that they have the trial scheduled 2 days within the hearing is scarry enough. Lawyers are the biggest liars, but he did tell me that the fact that I am trying to get modified that it is a federal law they there must be a foreclosure stay. I never should have been in foreclosure and this is precisely what the class action addressed and chase basically settled without admitting to breaching contract, but also part of the settlement is they are supposed to give us new modifications, but if they get a foreclosure judgement prior to obtaining a modification, we are exempt from the settlement and this is what the bank is trying to do to me now and the fact that the hearing is with a magistrate behind the dirty little courtroom doors of broward county will further guarantee summary judgement. This is unbelievable, but believable in this dirty county.
Welcome to the shun-spin (not sunshine) state where as a resident you get shunned by the courts and spin the corruption! There’s not a one here, Democrat or Republican who is honest and devoid of greed!! Ah! But everyone thinks that the new Judge in town down in PB is going to rectify (Jessica Ticktin)…guess nobody bothered to take a look at the background of the law firm or the partners. Oh, they certainly have a lot of great ads on the TV but take a look a the public records. What is that old saying about the apple? Oh yeah, the apple doesn’t fall too far from the tree. Just like everyone thought Schneiderman was the Superman of the day, most will think Ticktin is the counterpart, Superwoman. I guess considering the flip side, anything is better than Judge Lewis….just don’t be too surprised when she starts moving towards the Wall Street banks!
can you fire your attorney in court in front of the judge
BOBBI SWANN
September 6, 2014 at 4:09 PM
You can prepare the motion to withdraw and file it before you are in front of the Judge. Keep a oopy with you in case you need it in front of the Judge. They (Judges) don’t take kindly to doing that in front of them as they consider it a waste of the court’s time. Doing so may likely turn the Judge against you and in these days in Florida courts, any bit of crumbs thrown your way as the Defendant from the courts is highly prized. I wouldn’t do anything to upset the cart, so to speak.
Nice going usedkarguy! The truth reveals itself. Problem is, one is no better than the other. Criminals, thieves, cutthroats…making their way up the political ladder for one reason and one reason only – GREED. Red….Blue…who cares? Core values between the parties? Wow! Find me one that has any values first and the only value they have is the value of money!Just look at the choice we have for the running of Governor here in Florida….one who we couldn’t wait to get rid of before and one who pleads the 5th under oath in a fraud investigation 75 times! God help us, there are no choices anymore!
I have been observing this for awhile. My neighborhood has gone from 85 to 95 homestead to 50% rental at least and why wouldn’t the local or state govt want it. Property taxes can close to double when it is not homestead property in fla. The vultures are circling my house as I write this. My son had to run a nasty looking investor off MY property yesterday
HELP! The vultures are circling thereis a hearing scheduled for the 16th of this month and the trial with a magistrate for the 18th . they are closing in for the kill, but I am working on a modification thru the chasemdlsettlement, but the local court is not recognizing this. my understanding is its a federal law that they cannot persue foreclosure if you are working on a modification. I have an attorney but I am not sure if they are friend or foe at this point. Can I make my own motion with out the attorney for a reason to show cause to stop a hearing. Thanks. Tom I was really hoping you could help since you are in the same county.
Hello Ims53….It matters not that you are working on a loan modification…the banks and their lawyers are going to steal your home and the Courts just let them do it! Seems like we have no rights? No, we don’t! If you have a lawyer and you don’t know if they are friend or foe?? Hello? The lawyers can’t do anything but steal your money before the banks steal your house. You can’t do anything on your own if you have a lawyer listed in the courts, you must have him/her file a MOTION To WITHDRAW and that could buy you some time to get in touch with Tom, if he is in the same County. If your lawyer stipulates that more time is needed because of his/her withdraw and that you are seeking new counsel (It may be a lie, who cares anymore!). If you can get a 60 day hold on a TRIAL…that should give you time to file a cross complaint against whatever bank is trying to steal your house, alleging that Plaintiff is NOT THE PARTY OF INTEREST. You also can DEMAND, not request, a jury trial….you probably won’t get it, but this will show that you demanded a jury of your piers instead of a single Judge or Magistrate. You also MUST hire your own Court Reporter…the courts don’t provide one in these fraudulent foreclosure matters for obvious reasons! Get rid of your Lawyer if you don’t believe they are working in your best interest…most are useless….keep us in the loop Ims53….and good luck!
BOBBI SWANN
September 6, 2014 at 3:56 PM
So very right ldynps! I’ve already had to have one attorney withdraw and now contemplating doing the same with current representation (who posts on this site as being one of the ‘good’ guys). Right, take your money and run, run, run…while off on to the next one to collect his ‘upfront’ fee!
Hi hammertime. I signed it I have witnessed this in Deerfield beach fl. No wonder they r trying so hard to steal my home. Blackstone group a/k/a ih2 properties(invitational homes2). Google broward county property appraisers and search by owner and put in name ih2. Spelled out and see how many properties they have bought in this cty this should be a crime. No arms length transaction going on here. They have pushed the avg buyer out of the mkt here. Prices unaffordable so they force u to rent and pay astronomical rents.
WOW…..that is so true!! When is this takeover going to be addressed? I am voting BLUE on each selection at the ballot box…these republicans are all about the elimination of the middle class! It’s just awful, really!
Subject: I just signed this, will you? Friend, I just signed this petition telling HUD to stop selling our neighborhoods to Wall Street bankers. In the wake of the housing crisis, FHA created a program the Distressed Asset Stabilization Program, which is supposed to sell off seriously delinquent FHA insured loans in ways that “stabilize” neighborhoods. Instead, they are selling them off to the highest bidder — Wall Street bankers and private equity firms. It is appalling to see the one department in our Federal government charged with stabilizing communities and creating affordable housing helping make this happen. This has to stop. Now. Sign the petition: http://www.commongoodaction.org/hud_stop_selling_our_neighborhoods?sp_ref=55849813.122.9158.e.0.2
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Naturalizations Highlight National Celebration of Constitution Day and Citizenship Day
In a first for the federal Judiciary, America’s newest citizens are being invited to join an annual celebration of Constitution Day and Citizenship Day, by taking part in 24 naturalization ceremonies that will be held from Maine to Alaska on Sept. 17 and 18.
The events will be conducted at such iconic locales as Glacier Point in Yosemite National Park, the Alamo in San Antonio, and the National Archives’ Rotunda for the Charters of Freedom in Washington, D.C. Other ceremonies will occur in historic U.S. courthouses in New York and St. Louis; at universities in Alabama, Louisiana and Maine; at a riverfront amphitheater in Des Moines, and the National Constitution Center in Philadelphia
Are the judges ruling against the 14 Amendment to protect our property rights
going to show up.??????????
David has been telling me about this for a while but I kept thinking he was talking about the “new” MERS database that’s being planned. GOP law is much worse stripping US of any standing while they use the name of the bill to make us think they’re pro America or whatever.
If you have one of these GOP reps you need to call or write.
from E. ToLLe, on September 2, 2014 at 3:11 pm said:
“And here’s how they do it. A house bill called PATH, H.R. 2767: Protecting American Taxpayers and Homeowners Act of 2013, would make one believe that it’s legislation aimed at protecting mortgagors. Thank you house republicans, all 53 of you who saw fit to co-sponsor this helpful bill, for trying to shore up the beat-up borrowers of America….bless you all. Oh wait just a minute…
In actuality, this is a HUGE crime-laden give-me to the banksters, and one for which every single one of these so-called representatives should be run out of DC on a rail, AFTER they’ve all been mercilessly tarred and feathered. Just a tad of research shows what this bill actually stands for after it’s stripped of its sweet sounding acronym and GOP doublespeak, from occupycorporatism.com:
”….the technocrats have devised a way to take the homes from ALL homeowners regardless of whether or not they have previously won during foreclosure litigation, are in the process of litigation and would file a complaint with the courts at a future date.”
I’m at http://www.phhmortgagemustbedestroyed.weebly.com Everything is organized by exhibit for eventual presentation to a jury; we’re still going through procedural issues. The exhibits are all relevent to common practices of other companies than PHH, just do a search-and-replace 🙂
If you haven’t already, read Gerry Spence’s book Win Your Case. Take control of the story, from opening statement to close. Simplify, simplify, simplify…the jury is not bound by precedent, they make precedent! Have the jury members had pleasant experiences with their lenders, or strained relations? In a civil trial you don’t need unanimity, or no shadow of doubt. A preponderance of evidence is great. Your only worry is too large a verdict you’ll have to do it over 🙂 I have a slide set on my site from Joseph A. Smith, you’re welcome to copy and paste. Chew gum or kick ass! (you may be all out of gum)
take a pistol packin’ dragon if you can find one….preferably one w a shard of glass in one eye…they are belligerent. …effective…and surgical…think Tonic Immobility. ..a la LA Pod…CA#2. . . they flip the monsters (bankers) upside down…put them to ‘sleep’…then they eat…feed.
Have fun with your redemption. ….your grandchildren will thank you. People…we got this.
Example of law, settlements not being enforced. Over past 2 years how many $7,500 fines could CA have collected? But both Republicans and Democrats cry about there’s no money for courts, JUSTICE and that we can’t “benefit”. Prob similar language for settlements.
Example of law, settlements not being enforced. Over past 2 years how many $7,500 fines could CA have collected? But both Republicans and Democrats cry about there’s no money for courts, JUSTICE and that we can’t “benefit”.
“Lender Required to Review Foreclosure Documents: No entity can record a notice of default or otherwise initiate the foreclosure process, except for the holder of the beneficial interest under the deed of trust, an authorized designated agent of the holder of the beneficial interest, or the original or substituted trustee under the deed of trust. Furthermore, a mortgage servicer must ensure that certain foreclosure documents are accurate and complete, and supported by competent and reliable evidence. Those foreclosure documents are the initial contact declaration, notice of default, notice of sale, assignment of deed of trust, substitution of trustee, and declarations and affidavits filed in a judicial foreclosure proceeding. A mortgage servicer must, before recording or filing these documents, review competent and reliable evidence substantiating a borrower’s default and the right to foreclose. The above provisions have no expiration date. However, until January 1, 2018, any mortgage servicer who engages in multiple and repeated uncorrected violations of its obligation to review foreclosure documents shall be liable for a civil penalty up to $7,500 per deed of trust in an action brought by the Attorney General, district attorney, or city attorney, or in an administrative proceeding brought by the DRE, DOC, or DFI against a respective licensee (see below for a borrower’s legal remedies). These provisions apply to all trust deeds, regardless of occupancy or number of units. CC 2924(a)(6) and 2924.17.”
When bank C-uh-ohs start failing to show up…start vanishing…
You will first want to look on milk cartons….
‘have you seen this crook….?
IF SO CALL 1.208.703.9525’
TRUST ME…..ladies and gentlemen. …
The People +Truth shall turn these monsters to dust….when the Pyramids fall/land…get to higher ground…and enjoy the fireworks. Yes….when all else fails…fire works…its the Work of the Ages….
MetLife is public enemy #1…..
Judge Christopher Bieter of Boise Idaho….clean up your Courtroom.
Step #1….. Show up when summoned.
Step #2….. Reverse the Fraud…
Call it the Boise two-step.
There is ALWAYS a bigger dragon…and yes….CHINA called the shots via Cobra.
you have been altered….Dave…you walk the path of the Righteous. …shielded and shrouded with light…..Thank you for decoding and taking right handed action.
360 degrees makes a circle….w an angel on top.
#Anon is watching…..find them in TWTR.
They drop offenders in seconds…they are the plank….
Steve Kandarian…..you are being sued….pay up. T-n-T.
Gradziadio. Amen.
777
GOOD DAY LADIES AND GENTLEMEN… I AM LOCATED IN MD AND I AM SEARCHING FOR AN ATTORNEY GROUP TO ASSIST ME IN THE PURSUIT OF JUSTICE REGARDING THE FRAUDULENT MORTGAGE DOCUMENTS ON MY HOME. NOTE WAS OWNED BY SALMON BROS NOW DEFUNCT… BOA/COUNTRYWIDE/NATIONSTAR ALL INVOLVED … LATEST DOCUMENT I RECEIVED FROM NATIONSTAR ADVISING ME THAT THEY CAN NOT FIND MY ORIGINAL LOAN DOCUMENTS. ITS PRETTY DEEP REGARDING FRAUD… SERVICER PAYS 8 MONTHS OF ARREARAGES PUT IT ON THE BACK END OF MY MORTGAGE DOES NOT GIVE ME THE TAX DEDUCTION AND WHO DID THEY PAY WHEN NOTE HOLDER IS CLOSED?? I BELIEVE THE NOTE HAS BEEN PAID OFF DUE TO SALOMON BROS CLOSING CAN’T FIND ANY DOCUMENTATION ON THAT PART. NONETHELESS YOUR SUGGESTIONS WOULD BE GREATLY APPRECIATED
Completely agree Bobbi. However I did not make the post and bidens issue did not apply at all in my case but I do feel that the cases in the federal courts are good evidence for us in our individual cases and should be applied and strongly recognized in the local courts. I am in fl also and foreclosure mills like Albertelli are still going strong. I can’t believe how stupid they think we are or maybe they are the stupid ones
Yes Bobbi it maybe old and settled but let’s not forget about the basic criminal activity that started the landslide of bogus mortgages. I think we get too wrapped up with the other crap the banksters pulled on us too. This really fueled the fire and it seems to be to the wayside at the moment. Don’t forget what brought us all here in the first place like the courts want us to do.
I’m not forgetting but if you’re going to present a solid case then you’ve got to use a solid defense in return. That includes giving reference to case(s) that have pertinence to your own discovery. This case that you mentioned has no backbone whatsoever. It was just a means on the part of Biden to get his foot on solid ground for politics! He was already planning on running for Gov. and he did just that for this coming election. Remember he’s not stupid (he is an attorney) and he’s got the political background (father). He’s out for #1 and that ain’t you or me! He used this case for his own political agenda and that’s why the settlement is sooooo lame!
Trevor – how much money can I make from the Bank of Americas seventeen billion dollar settlement since B of A gave a mortgage to a Frances Turner for property she never owned but I HOLD THE TITLE TO.?
$250,000 for actual damages….
$169,750,000 as a punitive souvenir. ..a reminder not to ever…EVER…cheat in MY Casino again…’coi-tons Bugsy…’
(cracks ring laden knuckles…spits on Moynahan’s Mercedes…exits stage left)
My advice…..deliver the 1-2 knockout punch…and don’t flinch.
Make a 2 hr investment into your local police department. …do not be scared…they work for you. Deliver a transcript of both calls and any/all relevant docs….this makes up your ‘DR#’…your criminal complaint. You then send a certified copy…signature required to your Opponent. ..w a cc to your State’s Atty General. CPB too if you have the coin.
Then….once they received. ..read…and have digested your move…called ‘Check Mate’ in Chess…this warchess you are playing btw…yeah…so once they have it…you say on the next call you have…recorded of course. .”how do you want to proceed?”…listen for chirps and crickets….I am serious.
Nothing in Warchess ‘just happens’…you are likely being attacked from many sides….name Names…in your criminal civil complaint. There is a name for what is affecting you….it’s called Fraud.
If the discussions end ubruptly or commitments are not carried out….FILE A CIVIL SUIT…you/WE have plenty of cases to point to….to Sheppard the Judges to the light so to speak.
Google: DBSI fraud 20 yrs CEO Boise
Print a copy of that article. …sign a note at the bottom in purple ink…”Trev sends his love…”
If were in their Allen Edmonds….I’d settle right quick with anyone willing to call ‘Check Mate”.
No pun intended in the check….Keep us informed. 777
Angie. You should make them reverse all interest, fee,attny fees for slamming u into foreclosure erroneously. They will tack on so much on the back end of the loan that you will be in worse debt. If they slammed u in foreclosure and they are wrong, all fees and interest should be removed and you should counter due for all the stress and credit damages they have done to you. My understanding is once that throw u in foreclosure, you can’t pay them anyway until it is settled if it ever is. Why are you responsible for all those extra fees and interest
When you were doing the good faith and they were acting in bad faith. Sue Sue Sue their pants off!!!!
Watch your local court. Banks attny will slam you in foreclosure and beat you to the punch if you let them and that’s what they are counting on. Let your local court know immediately what is going on and if u can’t do it pro se, find an attorney and hopefully not a corrupt one
If anyone out there is seeking a jury (I’ve given up on judges)
in 1:14-cv-00733-LY, Western Texas District Court
Demand for Trial by Jury
Judge –
In accord with Rule 38, I am demanding a trial by jury.
Since the recent and ongoing financial crisis in this country (Wall Street and the Financial Crisis, Anatomy of a Financial Collapse, Majority and Minority Staff Report, Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs, Carl Levin, Chairman and Tom Coburn, Ranking Minority Member), the Financial Institutions Reform, Recovery, and Enforcement act of 1989 (FIRREA)has been passed by the legislature (still being widely litigated) to define and confirm the ethical bedrock foundations of proper financial institution operations to the benefit of our community. The Consumer Financial Protection Board has been established specifically by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to address, and the Department of Justice appears to have expended great effort in examining and regulating, mortgage servicing industry practice, company by company. The most egregious violators in the arena (BofA, Chase, Citi, Greentree, Ocwen, Wells) have already begun to appear in courts to register consent judgments with the united group of all 50 State Attorneys General, and to disgorge record setting penalties in restitution of past practices, and to submit themselves and their changing practices to regulatory oversight by Joseph A. Smith, The Office of Mortgage Settlement Oversight (Joseph A. Smith does not participate in litigation). We are now considering just such industry practices in the case of the plaintiff and these two defendants. A jury has never been empaneled before to openly consider and judge these issues, or their most proper and effective remediation. Now is the time.
Attached Exhibit P-11, Better Markets v. DOJ – Complaint.
Respectfully,
jay
September 1, 2014 at 11:54 AM
We have a jury trial scheduled for mid Sep. Any pointers, anyone?
hammertime
September 1, 2014 at 3:44 PM
Better Markets CEO said that banks/govt are just pretending to address the fraud/abuse. I say go for it but we have to keep engaging and questioning at every level. Joseph Smith says they need more time to see if banks are complying, sound familiar? That doesn’t mean we should have a tantrum and stop making sure they do their job.
Howdy y’all,my latest confusion from chase,I’ve involved my Attorney General’s Office & have a rep,from consumer protection division working with me on my complaint,Shannon from Executive Offices of chase has called a few x’s & the 1st call was my side of complaint,& call ended with ”promises” to get to the bottom of this,& also confirmed We have made every principal/interest pymt?reminder I have been saying/proving/fighting WRONGFUL FORECLOSURE since 8-2010..& the escrow shortage IS from flood policy’s placed by Lender,,,but I’m still in foreclosure process I asked she said YES?????????WTF!!!!! My question is 2 all y’all what does this mean?????& also still no deed/note,still never filed/recorded in my county, 2nd call……Ms.Shannon,chase rep,Good morning I’m pleased to tell you we are fixing the ”credit damage”????? But not all of it,up til 8-2010??THAT is the default claim date on my summons which started ALL THIS NIGHTMARE,,,so shouldn’t civil case against us just collapsed?????
The change we want to see in our society requires that we have one-on-one conversations with people in our families, communities, and workplace. Sharing your story will help us show our elected officials and other community members how everyday people are affected by injustice and inequality.When you share your story, you are not only helping personalize the issues we work on, but you also giving a voice to the hundreds of individuals in your community who find themselves in the same situation. For example:
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Subject: Share your story
Your Letter:
[Tell us your story.]housing
from david f. black
Vancouver wa blackvan@hotmail.com
as a disabled veteran from the Vietnam era / cold war I have been fighting JPMorgan chase bank to keep my home from foreclosure.
however in my case, I am fivie payments ahead and they refuse togive me credit for that 14,000 paid . they have also demanded that I pay my mortgage payments two and three times for the same month
and it just gets worse from there.
for example. I have a mortgage loan for which there is no paper work or application from me that I never applied for.
CAN has asked me to speak at their events in the past but I was too sick to do so. I have improved and think I can speak if I am invited about my story which is really a story for many CAN members with mortgage servicing from JPMORGAN CHASE Bank
regards
David Black
360 772 5617
I spoke to Michelle at channel five news in seattle about her story about the disabled veteran that jp morgan chase bank just evicted from hishome after the mayor tried to stop it .this targeting of veterans by chase is happening to me but am not not in foreclosure not in bankruptcy not in modification. jp morgan chase has a track record of targeting veterans and active duty deployed military personnel for violating the SCRA for protecting active duty personnel and cheaingand defrauding veteransin their VA mortgage loans.chase has consented to this and has been fined for over $ 60 million dollarsbut they continue to do it.
michelle of channel five news I nseattlerefusd to run my story which is really everyone ‘s story in washingtion state of being targeted for foreclosure if they have a sub prime loan orginated during the period 2002 thru 2009. this has been written about by FORBES magazine in New YORK and it is a fact .
it is time we say no to chase and get statutory federal and state law to stop this and get enforcement by us hud under 49 usc 24 cfr aka Title VIII Fair HOusing ACt statutory federallaw and state of Washington consumer proection act for stoppong predatory lending and predatory mortgage servicing practices in the state of Washington.
and I have confessions to these allegations from chase whistleblower employees in Columbus and Gahanna OHIO as to these allegations in writing on official chase documents.
right now there are hundreds of foreclosures scheduled to occur and progrmmed into chase automated foreclosure system hooked up to corrupt legal reps to take our homes. the estimate nationally is three million loans including MET LIFE LOANs Bear Stearns LOAns and all WAMU Loans
and yes I have filed over 50 complaints about this with us hud us doj and us cfpb and us federal reserve board all of which have been stonewalled. and with chase as well as a JPMorgan chase bank stockholder of record.
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hi Angel I HAVE TALKED T O THOSE CHASE JERKS TOO.
THEY ARE NOT ANY EXEC OFFICE THEIR UNIT IS THE DEFAULT MANAGEMENT GROUP RUN BY MICHAEL zSARRO S.V. OF CHASE SINCE 1993 THAT HANDLES ALL FORCLOSURES THEIR OFFICE IS IN GAHANNA OHIO NOT COLUMBUS. OHIO. THE SUPERIVISOR ONE OF THEM IS TANYA SMITH. YOU MAY BE A VICTIM OF FRAUD BY CHASE SINCE THE NUMBER ONE METHOD THEY — USE IS MANUFACTURING DEAULTS THRU MANIPULATION OF ESCROW ACCOUNTS AND PAYMENT MADE INCLUDING PUTTING THEMIN SUSPENSE ACCOUTS SO THEIR COMPUTER NEVER SEES THE PAYMENTS. THIS IS THE NUMBER ONE COMPLAINT AGAINST CHASE AT THE US CFPB. THEIR WHISTLEBLOWER EMPLOYEESS LIKE EJ REED AND OTHERS HAVE GIVEN ME INSIDE DOCUMNTS SHOWING THEIR FRAUD. SO FAR THEY HAVE TRIED TO MANUFACURE DEFAULTS ON ME AS A DISALBED VET ERAN BY PUTTING OVER 20000 DOLLAR S IN SUSPESNSE ACCOUNTS AND NO MORTGAGE PAYMENTS WHILE NOT APPLYING THE PAYMENTS AND HAVING THEIR ATTORNEY SEND ME DEFAULT LETTERS WHEN I AM FIVE PAYMENTS AHEAD WITH NO CREDIT FOR THEM. IN MY CASE I HAVE A LOAN I NEVER APPLIED FOR NO LOAN DOCS NO APPLICATON FROM ME THAT WAS FRAUDULENTLY ORIGINATED BY CHASE IN 2011.
REGARDS
dAVID
another source to send your complaints is the new York Attorney general in manhattan new York city who is currently suing chase for mortgage backed securities fraud on behalf of the investors and the people of new York . I have the case number if you want it. contact me at blackvan@yahoo.com and I can send it to you. also the new York department of banking supervision is on chase’s butt about these fraudulent practices .re commend you look them up at google and file your complaints with them as well with their director. chase is allegedly is running at you a n alleged racketeering PONZI BERNIE MADOFF PONZI SCHEM E TYING YOUR MORTGAGE TO DERVIATEIVE HEDGE BETS AGAINST YOU ON THEIR MORTGAGE SERVICING RIGHTS WHEN THEY FORECLOSE THEY MAKE UP TO 43X THE FACE VALUE OF YOUR MORTGAGE IN CASHE FROM THAT THE DERIVATE HEDGE BET. YO UWILL HAVE TO GOOGLE THAT TERM TO LEARN WHAT THEY ARE. NEIL GARFIELD BLOG HAS WRITTEN ABOUT THIS MANY TIMES AND I DOUBT YOUR AG KNOWS ANYTHING ABOUT DERIVATIVE HEDGE BETS. SO YOU WILL HAVE TO EDUCATE THEM
REGARDS
dAVID FRANKLN
I saw this posting online via facebook. If there is anybody out there in Michigan (near Beaverton) and knows of a foreclosure defense attorney that can help this family, please get in touch with her via the email that is posted here: https://www.facebook.com/jillm.onweller/posts/348734655289311
It would appear that she is facing a corrupt Judge in a small town (so unusual, huh?) and she has an attorney that is well over her head in this realm. Much appreciated.
Thank you so much, any advice is helpful. I have learned so much about the law. I also have learned that some judges don’t up hold the law! I refuse to give up. This has been going on way to long, it had totally comsumed our lives,
Rock, is that where you are? under a Rock? obviously you’re not experienced in any aspects of litigation for homeowners, or you would not ask such a foolish question.
C’mon usedkaryguy give the guy a break. He’s probably just ‘new’ to the fraudclosure side even maybe to the point that he’s not even been foreclosed upon. He, just like everyone else here is trying to be helpful. Don’t be so harsh.
trevor
we all have to really read up about up psycopaths had I known this before I know I could never have expected a normal response from them., as long as they get their way they dont care who they hurt, maim or destroy as long as they get their pleasure Our dogs were innocent victims.I was told by management i cant talk to anyone at my complex about what happened.
thanks for reading Trevor and all – you don’t live here.
all-
i started to read about psychopaths and I think if you all spend a few minutes reading about them you will understand how easy it is for them to take part in fraudulent foreclosures and why we are not getting normal and responsive answers to all our communications with them.
You speak the truth ruth….pardon me.. Marilyn that is. In fact, one (psychopath) in TX was indicted today on two counts of abuse of power….lives in a mansion…had it all…had. Timber! And TX was the first State to go purple. ♡memy☆s…6s-2-7s. I call him a psychologically unstable bc as I understand the sitch…he thought he had a real shot at the White House….had.
50/50 that he gets nailed on both charges…and if/when that happens. ..Gov Perry gets 7-99 yrs. The Good People of Texas have spoken…..and the walls came down. Did you hear the collective ‘oh shit’ by the other 40-49 ‘Govs’…it sounded like this ‘crickets….crickets….crickets’….I called ‘the Gov’ when my 1st home was being taken from me….slick Rick didn’t return any of my calls…he was really busy…..***teaching moment : IF you’re going to rob someone of their home.. know the WCS, consider the probability of THAT happening. …then roll the dice. Pistol packin’ Ricky obviously crapped out.
P.s. Camilla got kicked out of England this week. Kicked out.
Sometimes the game is won in the bottom of the 9th…it was a perfect day.
Pivot to the Pinata. ….Gov Pinata…watch the Mexican-American kids with sticks make carne asada out of Mr. Perry’s Presidential dreams….turning, in his case…7s 2 6s….remember boys and girls, it’s the second mouse who gets ‘the cheese’. Have hope in the vault tonight….we got this. 777
Sorry ldynps – this was from October 2011 and it was settled July 2012 with no monetary payment and no real structure to correct anything. Beau Biden was/is a joke! See here:
DELAWARE AG SETTLES CASE AGAINST ELECTRONIC MORTGAGE REGISTRY
Posted on July 22nd, 2012 in Mortgages, State Issues By BuckleySandler
On July 13, Delaware Attorney General Beau Biden announced a settlement of the state’s lawsuit against a national electronic mortgage registry. The state alleged that the registry system created inaccurate and unreliable records that undermined chain of title in that state. Under the agreement, the registry has agreed to (i) maintain a database that allows homeowners to clearly see who owns the mortgage and who services the loan, (ii) record assignments of mortgages with the county Recorder of Deeds Office before a foreclosure can proceed, (iii) not foreclose in its name for the next five years, (iv) audit its records for accuracy and report results to the Attorney General, and (v) increase oversight and training, including annual examinations of documents signed by employees of its 25 largest members to check the identity and authority of the person who signed the documents. These steps are consistent with those already taken by the registry nationally, and the agreement does not include any monetary payment.
Since every mortgage is a CONTRACT between two parties and since that contract is governed by Federal Laws… has anyone approached the Fraud issue in their loan docs by stating to the courts that since Fraud can been identified in their mortgage paperwork (IF It Can) and since UCC Law governs such issues like Fraud in CONTRACTS, I would venture to say that with Fraud identified in such a contracts… it would make it null and void. Both parties to a CONTRACT must come to the table with “Clean Hands” in the negotiations. Therefore do you think any judge, once the fraud has been identified and presented to the courts, would choose to become part of Aiding and Abeting in that Fraud which had been perpatrated by any Bank or supposed Service Provider? I am not an attorney just thinking out loud! Any thoughts are welcome.
Oh Rock, you must be new to this site as FRAUD is all it is about! The Banks are forging whatever documents are necessary to file into the Courts and then the Judges are allowing it to happen!! We are all well aware of this but no agency is helping the homeowners under attack by the banks!! These fraudulent foreclosures are without a doubt, THE LARGEST CRIME IN THE HISTORY OF THE UNITED STATES and it appears it will continue until AMERICA is a homeless society….Welcome to the group, however, please know that millions are under attack and there is not one agency helping us…All our laws created to protect us from fraudulent means doesn’t mean anything anymore…It’s like finding out that Santa Clause is not real…either is our Constitution or our Bill Of Rights!! It’s the end of the middle class Rock…and we are all feeling the crime…
Respectfully, I’d say it’s a mistake to stop making complaints and engaging the CFPB, other agencies and elected officials. Good info so we don’t approach naively. With the information we’re getting and able to collaborate with each other will make any effort that much stronger. As I’ve learned from David, the Fed owns the OCC as well and prob runs the SEC etc. Where does it end? That’s the reality we have to deal with and show it’s against our country’s interest and denying us our rights or show which elected officials really are on the side of ordinary Americans.
Oh my goodness…For all of us who have been feed more BS to file Complaints with the CFPB…don’t waste your time.as it is owned and operated by the Federal Reserve and the Stock Holders of the privately owned Federal Reserve are the BANKSTERS!!! I had no idea because I have been going more in the direction of filing a lawsuit…however, we need to stop wasting our time with them, it will go nowhere, fast!
Who Owns The Federal Reserve?
The Fed is privately owned. Its shareholders are private banks
Agency overview
Formed July 21, 2011
(3 years, 21 days ago)
Jurisdiction Federal Government of the United States
Headquarters Washington, D.C.
Employees 945 (2012)[1]
Annual budget US$447.7 million (FY 2013)[2]
Agency executives Richard Cordray, Director
Steven Antonakes, Deputy Director
Parent agency Federal Reserve System
biggest Ponzi scheme in the history of the world, and if the American people truly understood how it really works, they would be screaming for it to be abolished immediately. The following are 25 fast facts about the Federal Reserve that everyone should know…
#1 The greatest period of economic growth in U.S. history was when there was no central bank.
#2 The United States never had a persistent, ongoing problem with inflation until the Federal Reserve was created. In the century before the Federal Reserve was created, the average annual rate of inflation was about half a percent. In the century since the Federal Reserve was created, the average annual rate of inflation has been about 3.5 percent, and it would be even higher than that if the inflation numbers were not being so grossly manipulated.
#3 Even using the official numbers, the value of the U.S. dollar has declined by more than 95 percent since the Federal Reserve was created nearly 100 years ago.
#4 The secret November 1910 gathering at Jekyll Island, Georgia during which the plan for the Federal Reserve was hatched was attended by U.S. Senator Nelson W. Aldrich, Assistant Secretary of the Treasury Department A.P. Andrews and a whole host of representatives from the upper crust of the Wall Street banking establishment.
#5 In 1913, Congress was promised that if the Federal Reserve Act was passed that it would eliminate the business cycle.
#6 The following comes directly from the Fed’s official mission statement: “To provide the nation with a safer, more flexible, and more stable monetary and financial system. Over the years, its role in banking and the economy has expanded.”
#7 It was not an accident that a permanent income tax was also introduced the same year when the Federal Reserve system was established. The whole idea was to transfer wealth from our pockets to the federal government and from the federal government to the bankers.
#8 Within 20 years of the creation of the Federal Reserve, the U.S. economy was plunged into the Great Depression.
#9 If you can believe it, there have been 10 different economic recessions since 1950. The Federal Reserve created the “dotcom bubble”, the Federal Reserve created the “housing bubble” and now it has created the largest bond bubble in the history of the planet.
#10 According to an official government report, the Federal Reserve made 16.1 trillion dollars in secret loans to the big banks during the last financial crisis. The following is a list of loan recipients that was taken directly from page 131 of the report…
Citigroup – $2.513 trillion
Morgan Stanley – $2.041 trillion
Merrill Lynch – $1.949 trillion
Bank of America – $1.344 trillion
Barclays PLC – $868 billion
Bear Sterns – $853 billion
Goldman Sachs – $814 billion
Royal Bank of Scotland – $541 billion
JP Morgan Chase – $391 billion
Deutsche Bank – $354 billion
UBS – $287 billion
Credit Suisse – $262 billion
Lehman Brothers – $183 billion
Bank of Scotland – $181 billion
BNP Paribas – $175 billion
Wells Fargo – $159 billion
Dexia – $159 billion
Wachovia – $142 billion
Dresdner Bank – $135 billion
Societe Generale – $124 billion
“All Other Borrowers” – $2.639 trillion
#11 The Federal Reserve also paid those big banks $659.4 million in fees to help “administer” those secret loans.
#12 The Federal Reserve has created approximately 2.75 trillion dollars out of thin air and injected it into the financial system over the past five years. This has allowed the stock market to soar to unprecedented heights, but it has also caused our financial system to become extremely unstable.
#13 We were told that the purpose of quantitative easing is to help “stimulate the economy”, but today the Federal Reserve is actually paying the big banks not to lend out 1.8 trillion dollars in “excess reserves” that they have parked at the Fed.
#14 Quantitative easing overwhelming benefits those that own stocks and other financial investments. In other words, quantitative easing overwhelmingly favors the very wealthy. Even Barack Obama has admitted that 95 percent of the income gains since he has been president have gone to the top one percent of income earners.
#15 The gap between the top one percent and the rest of the country is now the greatest that it has been since the 1920s.
#16 The Federal Reserve has argued vehemently in federal court that it is “not an agency” of the federal government and therefore not subject to the Freedom of Information Act.
#17 The Federal Reserve openly admits that the 12 regional Federal Reserve banks are organized “much like private corporations“.
#18 The regional Federal Reserve banks issue shares of stock to the “member banks” that own them.
#19 The Federal Reserve system greatly favors the biggest banks. Back in 1970, the five largest U.S. banks held 17 percent of all U.S. banking industry assets. Today, the five largest U.S. banks hold 52 percent of all U.S. banking industry assets.
#20 The Federal Reserve is supposed to “regulate” the big banks, but it has done nothing to stop a 441 trillion dollar interest rate derivatives bubble from inflating which could absolutely devastate our entire financial system.
#21 The Federal Reserve was designed to be a perpetual debt machine. The bankers that designed it intended to trap the U.S. government in a perpetual debt spiral from which it could never possibly escape. Since the Federal Reserve was established nearly 100 years ago, the U.S. national debt has gotten more than 5000 times larger.
#22 The U.S. government will spend more than 400 billion dollars just on interest on the national debt this year.
#23 If the average rate of interest on U.S. government debt rises to just 6 percent (and it has been much higher than that in the past), we will be paying out more than a trillion dollars a year just in interest on the national debt.
#24 According to Article I, Section 8 of the U.S. Constitution, the U.S. Congress is the one that is supposed to have the authority to “coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures”. So exactly why is the Federal Reserve doing it?
#25 There are plenty of possible alternative financial systems, but at this point all 187 nations that belong to the IMF have a central bank. Are we supposed to believe that this is just some sort of a bizarre coincidence
Website consumerfinance.gov
Former employees from Ameriquest, which was United States’ leading wholesale lender,[88] described a system in which they were pushed to falsify mortgage documents and then sell the mortgages to Wall Street banks eager to make fast profits.[88] There is growing evidence that such mortgage frauds may be a cause of the crisis.[88]
The U.S. Financial Crisis Inquiry Commission reported its findings in January 2011. It concluded that “the crisis was avoidable and was caused by: Widespread failures in financial regulation, including the Federal Reserve’s failure to stem the tide of toxic mortgages;
3. Cease-and-Desist Order Procedures
The Dodd-Frank Act establishes a special set of procedures for cease-and-desist proceedings brought by the CFPB.[177] In its notice of charges, the Bureau must set a time and place to hold a hearing to determine whether a cease-and-desist order should be issued against the covered person between thirty and sixty days after the notice of charges has been served. All administrative hearings regarding cease-and-desist orders are required to take place in the federal district court where the covered person has its principal place of business, unless the person consents to another location, and are to be conducted according to the APA. If a party consents by failing to appear at the hearing or the Bureau finds on the record that a violation has been established, the Bureau may issue an order to cease and desist from the violating practice, which will become effective thirty days after service. A party may petition for judicial review in the U.S. Court of Appeals of its principal place of business or the U.S. Court of Appeals for the D.C. Circuit within thirty days after the date the CFPB serves the order.
GOOD DAY LADIES AND GENTLEMEN… I AM LOCATED IN MD AND I AM SEARCHING FOR AN ATTORNEY GROUP TO ASSIST ME IN THE PURSUIT OF JUSTICE REGARDING THE FRAUDULENT MORTGAGE DOCUMENTS ON MY HOME. NOTE WAS OWNED BY SALMON BROS NOW DEFUNCT… BOA/COUNTRYWIDE/NATIONSTAR ALL INVOLVED … LATEST DOCUMENT I RECEIVED FROM NATIONSTAR ADVISING ME THAT THEY CAN NOT FIND MY ORIGINAL LOAN DOCUMENTS. ITS PRETTY DEEP REGARDING FRAUD… SERVICER PAYS 8 MONTHS OF ARREARAGES PUT IT ON THE BACK END OF MY MORTGAGE DOES NOT GIVE ME THE TAX DEDUCTION AND WHO DID THEY PAY WHEN NOTE HOLDER IS CLOSED?? I BELIEVE THE NOTE HAS BEEN PAID OFF DUE TO SALOMON BROS CLOSING CAN’T FIND ANY DOCUMENTATION ON THAT PART. NONETHELESS YOUR SUGGESTIONS WOULD BE GREATLY APPRECIATED.
@Hammertime – I respectfully disagree with you that if you are a defendant in a Chase case and are NOT in one of the (5) states listed under the Chase RMBS settlement, that you can use it to support claims. I’ve already been told by my attorney that this settlement has no bearing on my case here in Florida as Florida was not part of the Chase RMBS settlement and the courts would not recognize the wrong-doing of Chase against other defendants in other states. Even when documents refer to substantiate a case law here in Florida it uses either only Florida state cases or Federal cases (Federal cases because they take precedence over state). If the court system in those other remaining states (maybe your state) does recognize out of state case law, then that’s a great leap toward victory. Here in Florida we are up against the biggest corrupted court system EVER!!!!
Bad wording but good info on the FL law snake pit. Not thinking in terms of legalese since it appears no reading of the law can get you a fair shake there. It’s coming down to rights and harm done in the general sense. You homeowners down there gotta start making noise on that basis or roll over. Like an alligator? Sorry that image just popped into my head!
BOBBI SWANN
August 12, 2014 at 2:24 PM
Ha-ha! You have the right thoughts on Florida except it’s the judges who are the alligators and eating us up ALIVE. The corruption down here is soooo massive on all levels not just in the court rooms. Police, child protection, welfare, food stamps, disability claims…all so corrupted! I vowed to elect no one but the ones running against the incumbents however, that list is just as full of cheats, liars and greedy sob’s…the sole purpose then is to just break that chain from where it is yet it doesn’t get rid of it! It is so frustrating dealing with a fraudulent foreclosure crisis for ALL of us and yet try at the same time to evolve our state from corruption. We have a lot of good people that could do a supreme job but money is what gets people elected. No matter how good you are, if you don’t succumb to the scum to fill the coffers you won’t make it. Sad, very very sad.
hammertime
August 12, 2014 at 2:35 PM
Here in CA the Repub governor candidate is running as the middle class hero and what does he want, no regulation!, what got us into this mess in the first place. While Gov Brown is being sued for diverting settlement funds. We’re all being played just from different parts of the deck. But the truth and precedence now is on our side. You’re right about the money but if we ask the obvious questions to whoever’s running and force them to answer they can’t hide.
I agree with hammertime. the best option for us all is the political one and heavy heavy lobbying and have a sea state change nationally esp in florida. it is going to be a hard fight. the banks and their fed regulator friends and the federal reserve have run the show since 1930. that is how long this has been going on I blew the whistle about all this stuff in 1978 in d.c. before the senate banking committee and the sec of treasury Blumenthal . only thins happened was some people got fired like my boss the the OCC Director and a new piece of legislation called the Community Reinvestment Act.
regards
David
hammertime
August 12, 2014 at 5:29 PM
And now we have the internets! lol No excuses.
What’s wrong w/ you David didn’t think they would sell out our whole country! 😉
The Chase Mortgage Settlement. The settlement was NOT a class action. This is one that was brought on by the Dept of Justice. I don’t care about class-action settlements; they are only worth a pittance and all the money goes to the attorneys. I am referring to the settlement which John Smith is the monitor.
Lms52
August 12, 2014 at 3:24 PM
Bobbi the chasemdlsettlement was a class action and a federal lawsuit. If you are a part of this. You should have received notice
I received a class action settlement, from BoA, countrywide on the double billing for forced hazard insurance during the foreclosure..( I had already noticed it,)
Is it safe??? to apply for the settlement? they want last 4 of ss #
we won our foreclosure per se. recently,.in Florida any advice?
also looking for attorney, pr anyone who can help me file counterclaim for damages. I have a good start but need advice. I am new to their game. and won by common sense questions in the court room.
Betw this and the Annex guidelines Chase decides who gets the money as if the fraud, “crisis” never happened. Some get money for their PR campaigns and so politicians look good. Like the non-profit guy said they’re all pretending to do something.
Another non answer from mortgageoversight people, Mr. Joseph Smith?
So sounds like they can’t look into a $500,000 forgiveness offer and if there were any credits claimed by the “lender”? How many of these are there? $500k offers and oversight people we need to go on a hunt for?
And got Chase rep to agree to recording so maybe there’s a change on that end. Documents what David is saying about categorizing our issues as “duplicates”. So are Chase and CFPB too much in sync here? A view into how they see the single point of contact as well or more misrepresentation on that front. If case is escalated to the “executive office” it seems the SPOC is out of the loop, no more SPOC?. Fits in with description that “executive” group is a delaying, misdirection tactic as David has said.
And what ever happened to the task forces and the agency cooperation to get to the bottom of this fraud? Am I asking too many questions? From info@mortgageoversight.com, no word yet from ombudsman.
“There are currently two settlements involving Chase. The first being the National Mortgage Settlement in which Chase has completed its requirements for consumer relief. The second is the Chase RMBS settlement. This was entered into in November 2013. The Monitor has a limited role in the Chase RMBS settlement dealing with consumer relief – he measures whether the relief has been granted. Chase has discretion in the granting of relief under the settlement and the Monitor has no oversight of the exercise of that discretion other than to measure the result. Unfortunately, our office is no able to get involved in individual borrower disputes with the servicer and we would not be able to review your case and provide assistance.
Additionally, the Independent Foreclosure Review was separate from the National Mortgage Settlement and our office had nothing to do with it. I would encourage you to contact the OCC for concerns about the IFR. As for the City of Los Angeles, you would need to contact your state’s Attorney General to see if they are able to provide you with assistance.
Am I missing something here? From reading the settlement with Chase, it only mentions that it settled with 5 states (however, the state of NY was settled before the signing of this agreement). Those states were California, Mass., Illinois and Deleware. Anybody else in any of the other states have no bearing???? I see all these posts from people in places other than these 4 states thinking they have some resolve with this settlement and yet, it does not appear from what I read in the settlement that there is no relief for anyone else in these other states. I am in Florida and (wishing) that I had some stake in this settlement, but it does not appear so. Does anybody out there have more information that would lead me to believe otherwise?
hammertime
August 12, 2014 at 12:47 PM
Should be verified if applies to individual cases. Can be used to support claims, precedent. I’m hitting on the bigger theme that we aren’t getting relief so no matter what state complaints can be made questioning their process and where the money is going. If we all support each other’s causes and the main overall cause for foreclosure victims we could pop their bubble.
David’s been great with the info and trying to catch up and apply. I skimmed past this at first but makes you wonder why we’re having such a problem getting a fair shake. Even though your frustrated w/ CFPB need to keep filing complaints but share them so we can track them. This is the blight section that applies to my case and David’s. Whether my supposed $500,000 forgiveness was a part of this and Chase got credit for it is part of the answers I’m requesting. If Chase can get dollar for dollar credit why won’t they even work with David and even insult him as a disabled veteran?
Seems they can donate the mortgage to David and get full credit and in my case could work with city even though there’s already $15,000 in the City’s hands from my rental income. What gives?
“Annex 2
Consumer Relief
Eligibility: The Consumer Relief eligibility criteria shall reflect only the terms set forth below and the following principles and conditions: (1) Consumer Relief will not be implemented through any policy that violates the Fair Housing Act or the Equal Credit Opportunity Act; (2) Consumer Relief will not be conditioned on a waiver or release by a borrower, provided that waivers and releases shall be permitted in the case of a contested claim where the borrower
would not otherwise have received as favorable terms or consideration; and (3) Eligible modifications may be made under the Making Home Affordable Program (including the Home Affordable Modification Program (“HAMP”) and the Housing Finance Agency Hardest Hit Fund) and any proprietary or other modification program.
4. Anti-Blight
A. Forgiveness of principal associated with a property where foreclosure is not pursued
i. $1.00 write down = $1.00 Credit
B. Cash costs paid for demolition of ii. $1.00 payment = $1.00 Credit dilapidated properties
C. Mortgages or REO properties iii. $1.00 property value10 = $1.00 donated to accepting municipalities, Credit land banks, or non-profits or to servicemembers with disabilities or
relatives of deceased servicemembers
D. Funds donated to capitalize community equity restoration funds or substantially similar community redevelopment activities.
iv. $1.00 payment = $1.00 Credit
I know how u feel Marilyn. I had to put my beagle down at a young age and I felt she got cheated. I have three dogs and a cat and I am not parting with any of them even if I lose my house. I would not go anywhere with out them. They have been a part of our family for too long. Youngest dog is 7.
if in the beginning you mean ‘soon after their deaths’….I did a lot of thinking about what kind of nation America has become….on our watch. Like a garden never weeded…it has overgrown with an abusive, predatory, take take take mentality. ..my dogs were amazing…the did not deserve what Snoooy of MetLife did to us/them. I will forever be sickened by the Banksters’ greed….for their lack of restraint. We have become the video game….television is effective….yeah…I have not been the same since….my advice….let this pain harden your armor but not your heart. Let it strengthen your resolve to fight….to shield the next future victim. Until C-uh-ohs get hauled off in silver…..the behavior will not change. There comes a time when the gloves are removed….when its you or them……we are at this point. Yes I aquired an amazing chocolate lab….Ithaca Rose Kennedy…..after Rose K. She embodies the human spirit. …she is more than a dog…not sure how to explain. …I think she was ‘sent’ to me….to help fight the darkness….and to help bring the light. She has been fed beef heart everyday for 3 yrs….my way of honoring the K9 clan….a way to move forward.
Let the feelings out….journal….yoga…meditate….sorry you are in such a – space….that is hard…I am/was too…..you feel like yre living in an active war zone….never safe.
My advice…..file. let it out…..get your day in court…pro se…get a judgment. …enforce that judgment. ..get paid….move. what is that…7 steps??? Good luck….loss is hard…feel it.
wuf wuf Ithaca Rose – what a wonderful name for your baby I always feel that substitutes are sent to us by a power stronger than us. Someone is going to object to me talking to Rosie
Time moves so slowly
I recently sent 17 years of proving the fraud to someone who has the authority to do something about it.
Thanks lms
Trevor- what did you do with yourself at the beginning? i never had one that didnt come to their
end naturally and my last dog lived to 19 and a half i feel like she was so cheated
Did you ever get think you could get other dogs?
thanks Trevor you know my feelings.
i am pretty sure the wacko that lives downstairs from me with the drugs and the electronic harassment guns is a registered sexual predator- a florida felon Naturally at these reits they won’t tell you who your neighbors are.
I found a site called Mugshots.com and saw a creep named Douglas Blumlein a Florida felon that looks like the man that lives below me but with slightly altered appearance of his head partially shaved, his mustache shaved off and his silver rimmed glasses gone . I went to the police several times trying to stop this nightmare about the drugs coming into my apartment from downstairs and their answer was there is drugs everywhere. Which i guess they are right about .
Drugs enlarge one’s heart and so that accounts for my dogs enlarged heart. I already went to the authorities of the Florida prisons. Even if he served his time for raping a child he shouldn’t, especially with his fondness for electronic harassment. be allowed to live among normal people
there is no one here to reason with since the leasing agent is a two time felon for credit card fraud.
Someone on this site told me that in Florida all leasing agents have to be licensed, unfortunately not here in New York. Can you imagine giving your soci al security number and your financial info to a credit card felon.
The REITs do not care about your safety or health a long as they make money.
i’m going to be here till i get my properties back i might as well use my energies fighting against this sadist be banned from having weapons.
Yes, it is required under the Deed of Trust Act. It is suppose to be done prior to starting foreclosure action. It is how the trustee knows that the bank is the actual owner of the note and has the legal authority to foreclose. The current problem we have is that they started foreclosure action over a year ago but the beneficiary declaration we just received is dated June of this year just prior to them filing an amended notice of foreclosure sale. We are thinking something is fishy here….
david franklin
August 10, 2014 at 5:16 PM
Tricia is your loan a bear stearns mortgage
Originated between 2001 thru 2008
Or do you know who the mortgage trustee
Is for your mortgage trust we need to know
If you have a Mers number and was their a
Second mortgage with your loan
I have thr info from thr us federal district
Court as to whobowns your loan first trust that
Has been verified
In other words the name of thr true beneficiary
Regards
David
If you like you can contact me thru hammertime
Or to my email at blackvan@yahoo,com
Tricia
August 10, 2014 at 10:17 PM
David, it was actually originally a WAMU loan (The trustee was Group 9, Inc), but from there we have no idea what happened to it before Chase supposedly purchased it in 2008. There was no second mortgage. I am not sure if it ever had anything to do with MERS. Chase appointed NWTS as successor trustee.
hammertime
August 10, 2014 at 11:37 PM
Tricia, this may be on my brain from another correspondence but if you have an atty in fact on assignment or other docs could be sign of broken chain which it sounds like from possible back dating. They may be able to back date as long as their standing is valid. My WaMu issues are pretty bizarre which I believe is result of broken chain of title. Matching up dates is key with docs, sales, trust rules (Glaski) etc. Again, the settlement guidelines allow you to challenge chain of title, reliable evidence, valid transaction even though it seems the WA system is anti homeowner.
Tricia
August 11, 2014 at 7:20 PM
David, yes we have read the Ha Dao Class Action Law Suit. I will check more into it, thank you for the help.
“Mission / Intent: To remove the fear of the unknown for underwater homeowners through Education − enabling Trust − leading to Action!
“Each must for himself alone decide what is right and what is wrong, and which course is patriotic and which isn’t. You cannot shirk this and be a man.
“To decide against your convictions is to be an unqualified and inexcusable traitor, both to yourself and to your country, let men label you as they may. If you alone of all the nation shall decide one way, and that way be the right way according to your convictions of the right, you have done your duty by yourself and by your country – hold up your head!
“You have nothing to be ashamed of.” … Mark Twain
– See more at: http://www.useforeclosurelaw.com/contact/#sthash.9Qs8W70J.dpuf”
Not much activity since 2012 when sites seem to have been silenced.
Beneficiary Declaration question…We have been dealing with JP Morgan Chase since the beginning of 2013 when they started foreclosure action. We recently requested the beneficiary declaration from the trustee and it is dated June of this year, just prior to when they re-filed notice of trustee sale. My question is wouldn’t the beneficiary declaration need to have been filed back in 2013? FYI, we are in Washington State.
THIS IS A WARNING FOR ANY OF YOU THAT HAVE LOST YOU HOME BY FRAUD AND HAVE PETS. DON T GO TO A REIT THAT WILL TAKE THEM, BECA– USE THE TWO REITS I HAVE BEEN IN ALSO GAVE ME ADJOINING NEIGHBORS WHO WERE ON DRUGS. AND THESE DRUGS ALSO ENLARGE THE DOGS HEART. I DIDN T KNOW TILL THE LAST DAY OF MY DOGS LIFEWHEN THE FELON I LIVE ABOVE — USED HIS ELECTRONIC PULSE AND RUPTURED MY 7 POUND DOGS CORDEAU.
The Animal Hospital saved him but the medicine being so strong destroyed his kidneys. Couldn’t let him be in pain I had to put him to sleep When I win my case I am going to put a part of it into helping save these animals that got caught up in these fraudulent foreclosures .
I’m surviving on KAMA and hope every CEO of all the REITs end up with a similar fate
Of Jamie Diamond.
Trevor Hitchin
August 10, 2014 at 11:26 AM
Marilyn…et al.
I am sorry for your loss..suffrage…situation. I know you hurt today…like yesterday. ..and tomorrow it will hurt too….but hopefully (read: full of hope) you will begin to ‘hurt’ less. As a K9 ♡r…know that your partner got caught up in a mess…an innocent life lost to corruption. I went through this too w both my champion labs…both now in the ground…5-7 years too soon. Stress causes cancer and cancer kills…2 legs or 4..
Please have your veterinarian document his/her findings. These can be added to your ‘jury’ trial docs…exhibits. Document it all…as bizarre as it may appear…even the psycho neighbors w ray guns…all of it.
There are forces at play under the surface…powerful shifts occuring…counterbalancing this pain we are feeling. When the perps do their walk.. I will be there w bells on….I will sear my pain into their hearts just as they did to me..my fiance…my dogs…my family….I must return their darkness…shed it from my essence…it is not mine. Return to sender as it were.
Keep a light on for hope…the Truth…the blowback…it will be a fantastic day and it is on order. We shall overcome. We will bite back….for those who did not deserve this horror. Ps…my ‘bite’ is lethal….just hang on. Never give up…never…ever…ever….
♡@godspeed
Tricia there is a class action lawsuit
Against nwts brought by a vietnamese
Attorney in seattle you may qualify
To be in it the suit is for nwts fraud i believe
Don’t get much of a chance to buy the LA Times these days but seems like when I go to the library like today the headlines just jump out at me.
One from 7/28/14
Gov Brown trip to Mexico with Lobbyists
From yesterday 8/8/14
Mid Wage Crisis
Equity Loan Defaults Likely to Rise
New Dynamics In Housing Market (“rebound effect” fading, will NEED JOBS etc)
Costly Housing Seen as Threat (CA inexpensive areas on par w/ TX expensive areas, CA expensive areas reaching $1 mil median value, BEYOND REACH of AVG Californian! duh!)
Fannie, Freddie report profits (fully repaid govt aid when THEY WERE RESCUED in ’08)
Charges Grow Against former CalPERS Official (pension fund fraud)
Please sendme an email and we can huddle with me and other
Members of this blog who are goingon with this too
I was banned from the mdlsuit by kellerrohrbach.com in seattle
Who i told this was going to happen to you before it did
She is your counsel before the federal judge
Her name is gretchen obrist and gretchen cappio
They allegedly sold all out for a court approved 10 million
Dollar attorneys fees and you got a fraudulent loan mod
It is their duty to notify the federal judge in boston about yousr
Situation and get a federal court order to stop it
Under fed reserve regs you probably flunked the rigged
Net present value computer software model done on your
Loan mod
By fed reserve regs chase has to foreclose but the model is rigged
And you can prove that and get your copy of the results
If you buy a share of jp morgan bank stock u can demand
A copy of your entire foreclosure file and npv Model and where
All your payments and eascrow funds have gone
In other words like in my case chase has stolen all your
Mortgage payaments allegedly and i have proof from chase of that
From their wkistleblower employees in writing on chase stationery
And you can demand the amounts and names and account nimbers
Of all the derivative hedge bets on your foreclosure that chase will
Cash in when they foreclose
Uo to 43x the face value of your original mortgage
And demand. Copies of all insurance thst chase has taken out
Out on your mortgage
That is why they are speeding it up
A golden pot of cash and their attorrneys get a triple bonus for
Getting it thru the courts when they take possession of your home
Watch videos of king county videos of chase in seattle court
I was banned from lawsuit cause i was going to blow the whistle
To the federal judge about chase covering uo 1 million
Frauulent mods by changing all the account numbers and q
Writing new loans without anyones permission with new account numbers
Under guise of a loan transfer
Chase told fed judge they only did 60000 mods of 1 million
Bear stearns loans now being sued by new york ag in new york
Superior court
I have been keeping the attny in the class action settlement informed how the local court here seems to be ignoring that I am part of this class action. I’m sure the judge is not aware but the banks attorneys most certainly are and that is why they are trying to push mine thru because they know I am or should be due some serious restitution for all of chases lies and deceit and stress they have caused myself and many others that were named in this settlement. I also let the florida AG know that chase is trying to weasel out. I don’t know who else
To let know except the federal judge that Made the ruling
Thks David, that will be next if they choose to keep ignoring the larger picture here. The courts in broward I would not trust no farther than I can throw them and the judge on my case has a substance abuse issue and has been busted for several DUI s. It’s just insane. The court system here
Any lawmaker has that power anytime, to guide his future efforts in law review or lawmaking. Any grand jury has that power, whenever they see an enforcement issue. Keep them in the loop, and copy them with all your communications. They have staff people who can read, and they pass on the interesting ones. I copy all my communications to my senators and representatives, even that dude who is currently President. It’s filed somewhere up there, and the next president can probably read too.
Agree David. It is a huge cover up. In florida no jury trial and no court reporter unless you hire one to record all the fraud that chases attnys and representatives will spew out of their lying mouths. They r trying to set mine for trial and ignore that I am part if the mdl settlement. I have the attny looking into my case. I am following all instructions as per the settlement agreement and they are still trying to push the foreclosure because if they beat me to foreclosure they win and I lose any restitution due from this settlement. Received email from AG thanking me for my “persistence” in this. Funny they should use that word because that is all I have ever been with Chase to get a modification Is persistent as well as consistent and just continue to get screwed over by chase and the corrupt courts here in broward county florida
As I shared with you before I sued as a disabled vet those
Florida courts in federal court in Miami fleet for trying to
railroad me in my sons drug case in key west
I delivered it or served it on Florida attorney general in
Tallahassee
That stopped the railroading and coverup of drug ring in key
west high school
So if I did it you can do
it takes five minutes to fill out the complaint
and hit was served on th e judge and I hired a court reporter
Regards
david franklin
David Franklin
August 9, 2014 at 1:50 PM
I took it lol to federal court in miami m myself
Didn’t cost me a dime as a federal question for
florida violating my civil and connstitutional rights
I am still working on my lawsuit and would love to send it out to anyone who may have some input or interested?? I will post it here when it is finished should anyone need some of the issues I learned…This is without a doubt…HELL….elyse@gte.net
I was watching a tv show last night about the Richard Nixon ordeal with the break in of the Democratic Headquarters he planned with his staff and the Senate Hearings that resulted in his impeachment…The Senate and Congress were so hell bent on preserving the “LAWS” that were violated and the integrity of the Constitution, The Bill Of Rights and the Office Of The President, it brought to mind that this is the direction we should be going as well. Does anyone know the process of petitioning for a Senate Hearing just like the one done with all 9 Banksters that were brought in to testify to their wrong doings where they were shammed by some of the Senators about flying in on their private jets in to attend? If there is any connections to Elizabeth Warren’s office in Mass.? She is a Senator that could help us get our findings to a hearing or Commission? The Courts are all on the banks payroll yet we keep going in that direction??? Just a suggestion and any feedback on how to do it would be much appreciated by all….elyse@gte.net
Wendy Kamenshine is the Ombudsman for the Consumer Financial Protection Bureau
Dear Mr. Smith/Ombudsman,
I am writing to you to express my concern that the settlements are not being followed by JPMorgan Chase and that the settlements and laws such as the CA Homeowner Bill of Rights are ineffective or are not being carried out.
Settlements are not addressing harm done to homeowners that were actually harmed it appears.
I am also concerned that complaints such as mine are not being taken seriously by the CFPB. A recent
article notes that Chase is only beginning to provide homeowner relief. Yet there were supposed to be funds for legal aid, blight and to mitigate harm done since the national mortgage settlement was in effect. My numerous complaints seem to have no effect on Chase’s behavior and every lawsuit and settlement that is publicized is aimed at investors or government agencies’ benefit.
I detailed various violations of settlement guidelines as well as possible fraud and we are hearing that Chase and the other banks are still getting their credits while there is no mention of their violations.
If my case is an indicator there is extensive fraud that is being missed by the CFPB or being ignored or else the laws have been weakened to the extent that they are having little effect on homeowners that have been harmed. To point to affected areas, modifications etc while dismissing homeowner’s claims is a manipulation in itself.
Chase continues to mislead and take advantage of homeowners with the WaMu purchase and other possibly unlawful transactions. The National Mortgage Settlement should have helped to clarify these issues but Chase continues to ignore guidelines and provide misleading, possibly fraudulent information as my case indicates.
It is difficult to see how homeowners that were actually harmed are obtaining any relief as is claimed.
It appears the very settlements are being abused by lenders such as Chase and local government if my case is an indication.
I have received information from Chase on the purported, disputed loan that makes no sense while it’s representatives seem to have no knowledge of the settlements or the guidelines that were agreed to.
That an average $500 payment from the Independent Foreclosure Review is considered relief, has left homeowners with no confidence in these settlements, lawsuits and their oversight. Besides the ongoing misrepresentation over the past year Chase was found to have corrupted the process as noted in the media and hearings that included Sen. Warren in late 2012 and early 2013, I recall.
Your email address doesn’t work
tried twice both bounced
please send email to blackvan@yahoo.com and ill reply
Have been petitioning ellen warren and bernie sanders for
months to have hearings about chase mortgage corruption
in their mortgage servixing unit and stealing we and my mortgage
payments to use as personal income and not pay fed or state
taxes and not forward to investors
Even the new York ag office is stonewalli in ng me despite
their lawsuit in new york state court for defrauding investors
in the bear stearns trusts emc chase mortgage
one of those is blacksmith and boilermmakers pension fund.
Union owned and part of ALF CIO
REGARDS
DAVID
WE ARE INVOLVED IN A HUGE FED STATE COVER-UP OF MASSIVE FRAUD AND
Who is Authorized to change the trustee in a securitized loan. US Bank National Association was the Trustee before we went into the Bankruptcy Process. Once the Bankruptcy proceedings started, Wells Fargo’s (Servicer)’s Attorneys created documents to appoint individuals within thier lawfirm as trustees. Im no attorney, but something just does not seem right about that. James 443 677 2799 jsmith5915@msn.com
Not an attorney but they probably can unless you find a problem and they’re not valid. Lots of lawsuits, settlements over predatory lending, REMIC etc you can check out.
I would also ask the bankruptcy trustee if they can do that in the middle of the bankruptcy, whether you think so or not the bankruptcy trustee is a neutral party. Had a slightly different issue related to Appointment of Successor Trustee and the Bankruptcy Trustee helped resolve the issue.
Not sure what state you are in ( besides the state of frustration ), but Wells Fargo’s attorneys seem intent of ignoring law and falsifying things, and making misrepresentations – my case is full of it and I’ll be glad to make my entire files and depo’s available to anyone who wants them.
The reason I say a judge, is that we all must DOCUMENT what these B________’s have done and put it into the public realm for all to see, including legislators, regulators, and law enforcement…. and foreign individuals that are working similar problems overseas.
Call a title insurance attorney, and also do your CRITICAL appellate research (www.scholar.google.com is free !).
And when you DO ask the judge ( I love to talk to them, they don’t always love to talk to me ), do it in a way that no matter how it turns out, you have preserved the mistakes all have made – including the judge.
Everyone realizes our legal system has been pretty much DESTROYED by the system REFUSING to follow proper judicial process and Rules of Court and Evidence. Document it.
Let every fact be taken before people who can correct these things eventually – legislators who can re-write things to reverse the wholesale degradation of our, now laughable, judicial system – a tool of crooks, shameless law breakers who damn well know they are raping innocent people and have abandoned the basic tenants of jurisprudence but have the audacity to think no one will do anything about it. YES WE WILL.
I have caught Wells Fargo red handed, and slowly every minute detail of their fraud will come out in documentation before courts and Grand Juries, along with EVERY instance of insider wrongdoing, including that of judges who are in some cases up to their eyeballs in crime, Certainly many, many attorneys are as well.
A Trustee is appointed by someone…the person that appoints them can make changes but it all can be challenged and ordered changed again by a judge depending on the circumstances, but lawyers can not manufacture fraudulent evidence, even though the Florida Supreme Court and legislature has said its OK in a round-about way. To be sure, having ALL parties agree to change a Trustee is the best way to avoid problems, although in Florida surprisingly the BORROWER has to agree to who holds the right to reconvey (3rd party).
Do you have a good Trial Attorney ? I am recommending people talk with APPELLATE attorneys, who know the ultimate requirements and prohibitions. After you talk with a TITLE attorney and research case law, go armed with that to talk to one, who can recommend a skilled trial attorney to motion (ask) the Court to make rulings, make findings of fact and conclusions of law. Wells Fargo probably is one of the easiest to get overturned because they seem to have made so many bold acts of ignoring law and convincing their attorneys to break it.
When I recently sued HSBC, their General Counsel was easy to work with, and actually helped me put the screws to Wells Fargo, as if they might like to get rid of them from the industry. Remember, even Florida’s Court of Appeals has upheld my “unprecludable” right to go after Wells Fargo…and I don’t care WHAT Wells does anymore, I WILL find something wrong with it and point it out to everybody, and ask people in the legal industry to correct it.
By the way, I am supporting Elizabeth Warren for President in 2016. She has the guts of Joseph McCarthy in determination and hot, pointed-sword-like questioning and getting to facts – something our spineless corrupt infrastructure and banking sector tries to bury and ignore. The World Court may have the ULTIMATE say about dismantling the banking cartel, – we have MANY friends around the world our government and banking system have cheated and who stand with us, the ordinary citizens of the world. Broaden your scope in this entire matter, it is NOT JUST OUR INDIVIDUAL CASES…..we are part of a whole, and must work together, as this cartel does so skillfully. Look for a new documentary coming forth from a major network in the not-to-distant future.
Read everything you can on what Elizabeth Warren and the CFPB have and are doing, and what the latest is in each State, judicially and regulatory wise. Also stay up to date on legislative proposals. Each of us should have a first name relationship with staff of our elected representatives and ask for meetings with them – some ARE on our side.
777 ! TKO in the 12th…. nicely done. IDAHO…..your little prince is coming for all the damage done…. 2 houses….6.5 yrs of hell….dirty judgee…complacent AG….disgraceful Mayor…rotten police…. ill stay right here at their jugular until Ithaca and I are made whole…. great news…thank you for sharing…..remember when it was cool to be American. At least we still fight till the end….till the last ko punch is thrown. Grace.
just watched the video….a little verbose. ..like my posts, but hey….at least guys in white shirts n ties w jd behind their name are now seeing the $ in ‘consumer protection services’ side…tidal wave hello. This is thumbs up and all+++. As well…the link was posted/shared here…I would’ve missed it otherwise. Point…sharing a victory and a proof positive example of FL tides shifting is a two-fer….on this lil ol blog no less.
Now the bad news / good news:
bad news first: sounds like ‘settlement’ $s are still getting lost in the Courts budgets…raises…new laptops…new towers of power. …nothing trickles down to ‘us guys n dolls’ *the ghost of ronnie reagan…this will stop….anon is watching and a fracked FL court master service network failure *think Target scandal…even for a week… would causes total chaos….again…this playing w the help money will be halted. Trust me…FL is always doing shady $hit in the sun…..not no mo’.
good news: 300,000,000 American consumers can play that game too….watch when some individual (to be named l8r) decides to put 10% of his/her punis into a private…invite only…AAA Team defense fund…..to help those in need secure a prom date w Justice….follow me….Valory wins jury award of $9 milliion…… $900k (bless her) goes to help crackerjack attorneys win another 7-10 cases for 7-10 lucky fighters….year one.
Each of those in the winners circle give 5-10% back in…to the House….to help grow the Peoples’ Practice…..more attorneys are brought in…a grass roots firm is born….one w a future…a new form of tithing…..for a new tide…for the tectonic shift we are witnessing. Keep in mind….atty fees are also real and in the mix as cases are won…w precedence ALREADY available….so the initial few ’rounds’ of litigants. …those of us holding the bag….suing for $10-$16 million a piece for the hell they served us while robbing us nearly blind….yeah…we receive plenty…feel great about starting the Super Firm….and watch the fireworks from a safe digital distance….FOR YEARS…
When I win my cases….this is my intent for 10% after taxes and fees….hope the logic is sound….
Like in Judo….use the force Tbone…but use their strategy against them….like the 16yr old Massai warrior on his lion hunt….the lion must leap…attack…then FALL onto the spear…it becomes the moment of truth…spears when thrown oftentimes miss..for various reasons. Lions while attacking rarely miss….spear tips enters first (us)…shield is up….let gravity and bravery get us our first major Team win when the C-uh-ohs and the sleazy attorneys they used to molest our Courts fall on the blade..then another…then 000s more in 5-10 yesrs….
We then shower the people w the banks stolen Benjamins. …. let Steve Kandarian…Ringert Law of Boise, Idaho..Jamie Diamon et al….let them play Robin Hood in green tights and pheasant feathered caps….make a sustainable game of it. Reverse osmosis. YOU paid for those shiny new courts afterall…go take one for a test drive…..and win! Then look back…..help the next guy/gal/family/grandparent/disabled Vet over the wall….its wartime kids….and we got em right where we want em….The Story is too important to be lost in dirty court rooms…. clean house. Today not tomorrow as my mentor George once proclaimed.
T-n-T…Graziadio !!! Tutn 6s to 7s…..
Well glad to hear yours has come to an end at long last however speaking for all of us that have suffered and are still suffering thru this homeowner nightmare. No one will ever be able to live their lives the same pre or post foreclosure. The scars of this will long linger in our minds and a lot of us will never return to their pre foreclosure lives. Scars may fade in time but they never go away Tom. I only hope for us that still have a house to fight for will in time see the kind of restitution that you are speaking of. As for me my trust in our govt and their conspiracy with the banksters will never be forgot. I only hope I can teach my son not to make the same mistake as me called trusting your govt. In GOD I will trust
ONLY and I pray for justice for every homeowner that has gone thru all the stress that I/we have
Wife and I executed our Modification this morning with Michael Winston of Carlton Fields Jordan Burt and its being FedEx’d to Wells Fargo who will have it tomorrow Aug 7th. Remember I executed it originally on July 23, 2104, the Court having strongly suggested to Mr. Winston he use his “considerable influence” with Wells Fargo to offer me a Modification and placing my case into INACTIVE STATUS.
This high powered Corporate defense firm was brought in to take over from David Stern and Aldridge Conners, whom I am both suing.
While my foreclosure may be over, my fight to undo the tremendous crimes that has occurred in this national disgrace is not. I am, and will continue, to stand right with you in your battle.
It would be nice that I recover the tremendous injury my wife and I have suffered at the hands of Banksters, regulators, legislators, judges and their staff, and the crooked unethical attorneys that engineered this huge profit maker from the start to the present with this wholesale money-and-property grab that was NO accident, but planned and intentional. It would be even nicer if we get an award of more than our entire debt so we may live completely debt free, owning our home outright and having money in the bank again and able to travel the world and do the fun exploration of life we were doing before this intentional crashing of our monetary system occurred and obliterated my career and life savings I worked nearly 50 years to build, perhaps even getting my radio program back on the air.
I am convinced each of you has been subjected to numerous wrongs and those of you who have already lost property can eventually get them back or obtain substantial damages to make up for your lost equity. If I can be of any assistance in finding wrongs and pointing you in the direction of what recourse DOES work ( with substantial effort I might add ), let me know – ESPECIALLY if you have had dealings with Wells Fargo and/or Americas Servicing Company.
In the meantime, all should watch this wonderful report by our friend Matt about what’s going on now and how the “help” our government gave was to the BANKSTERS and not to US……..its disgusting and repulsive what a sizeable number of our legislators and judges in Florida have done and are doing, and I don’t doubt its happened in your state as well if you live elsewhere.
It would be nice if EVERY incumbent were voted out of office in November and indictments made against banksters, regulators and judges who were in on the heist, the largest financial crime in the history of mankind. ONWARD TO GRAND JURIES !!!!!
Yes it takes effort. Nice work! I have now crossed a significant step and filed my own complaint in District Court Western Texas and am docketed with Judge Yeakel. I feel great! At some point we’ll bring in the jury to sort things out…then appeal for whatever mistakes we make…My complaint and all the supporting exhibits are now on PACER ay $0.10/page, still free on http://www.phhmortgagemustbedestroyed.weebly.com
I m going through foreclosure suit in PA w us bank as trustee for wells fargo asset backed securities. Very tough judge. Behind 8 ball. Would u b willing to share any discovery u took? Would b very very much appreciated! ! Please email me at carynmlindsey@gmail.com when u can. Much thanks!
Good for u tom. Keep them on their toes. I’m a part of the chasemdlsettlment which addressed unfair and deceptive practices that the banksters have done and continue to do. Also breach of contract, promissory estoppel. Chase has to make good with the settlement however they r trying to speed up my foreclosure so they will not have to honor any of the terms of the class action settlement. Fortunately I caught on to their strategy and also let the CFPB know of their crap. Hopefully this will stop them now and as per the settlement agreement, we r supposed to get new modification with no delinquency fees added on. We just have to stay on top of them and let them know we r not pushovers. I would definitely not let the fact that your wife is signing a little late be one of their lame excuses not to honor your agreement. They tried some similar stupid crap on me saying I signed modification papers in the wrong last name when all of the paperwork and any financial info they requested clearly reflected the correct last name and they still denied me. How lame of an excuse is that? Be careful.
UPDATE FROM TOM HEINRICH
My last payment in December 2007 has resulted in my now being given a new 5.000% 40 year fixed rate mortgage with am August 1, 2014 first payment date, which I have made.
Because I am no longer in Default, the Broward Circuit Court must Dismissal With Prejudice the foreclosure lawsuit filed against me in 2008 in the name of HSBC Bank USA, as the Court has no jurisdiction.
I signed the paperwork myself on July 23, 2014 and hand delivered it to the attorney
representing the Plaintiff. Although I am married, I had acquired my home years before the marriage and my wife is be required to consent to the encumbrance, no later than July 23, 2014.
At that time she was traveling extensively in a part of the world with no email, notary or international delivery capability. She just arrived back in the States and we have an appointment first thing Wednesday morning the 6th with the attorney for her to sign – who has stated the “lender” may not accept her late signature and wish to attempt to complete the foreclosure against me, which would take my case out of the INACTIVE STATUS the Court had put it in months ago until September 1 , 2014.
As you know, I have extensively counter and cross sued all the players, including the OCC and Florida Attorney General Pam Bondi and the different lawyers Wells Fargo hired to pursue their foreclosure me.
Once signed tomorrow morning by my wife, I will move the Court for Dismissal With Prejudice of the case against me and bifurcation of all the remaining actions I have brought, substituting in a talented trial attorney well-versed and successful in Unfair and Deceptive Trade Practices and various fraudulent billing violations caselaw which seeks damages far in excess of the amount claimed to have still be owing on the mortgage which would more than pay off the relatively small balance should any be found to be legally due.
I am still trying to get my case before Grand Jury. As you know I have been over-documenting everything, and am now seeking Declaratory Relief in U.S. District Court, and even have sued the local County Florida justices over their misconduct in conducting matters, plus I have criminal complaints and a Consumer Financial Protection Bureau case open, and have a production crew ready for my Documentary.
I will advise you what happens tomorrow AND AFTERWARDS – which should get VERY VERY interesting.
Never give up. Find their crimes and bring it to public light, and let everyone know what you’re doing. This is not over by a longshot. I would love to see it destroy the two political parties that have used our government for their personal profiteering and for that we have international support. The monetary cartel must be dismantled, and it will only occur when each of us does all in our power to bring their crimes fully to light.
Any questions or my take on your situation will be welcomed, feel free to email me at reachth at yahoo.
maybe some of you want to look into this.
Wells Fargo Force-Placed Insurance Class Action Settlement – A settlement has been reached in a class action lawsuit alleging Wells Fargo worked in conjunction with companies like Assurant Inc. to increase the cost of the insurance policies paid by homeowners and provided kickbacks to Wells Fargo and its affiliates. If you were overcharged by Wells Fargo for a hazard, flood, flood-gap or wind force-placed insurance policy, you could be eligible for benefits from the class action settlement.
I am asking if anyone on this site could take the time to proof my Complaint that I’ve prepared to file in the District Court in Florida? I am seeing it too much and need an extra set of eyes!! Is anyone able to help me? My email is elyse@gte.net….Thanks, let’s see where this goes!!
suggest you join legal shield formerly known as pre paid legal. it cost 17 to 23 a month and they will assign an attorney who can review it for you.
just google legal shield and call them and you can join on the phone and you have a whole network of attorneys in the provider lawfirm who can help you as well as hundreds of outside attorneys that can help you as well
we are not attorneys here and it is illegal in most states to give you legal advice
David why would Foley of Fidelity spend three billion dollars to buy back lps DOCX UNLESS HE HAD PLANS TO — USE MORE FRAUDULENT DOCUMENTS IN THE FUTURE?
I really think it is the Title Companies and the bad attorneys that profited from this massive fraud that are putting their money and power behind this bill.
Wow, thank yo for posting this one. I hadn’t seen it yet. We have been following several Stafne Trumbull cases related to NWTS, Chase, ETC. There was another one not too long ago that a judge called non-judicial foreclosure possibly unconstitutional because it doesn’t allow for due process. NWTS is evil to the core the Law Firm that owns it is Routh, Crabtree, Olsen…often represent the banks…NWTS is definitely not impartial.
hammertime
August 4, 2014 at 4:36 PM
Actually, David forwarded to me; he’s knee deep in WA and veteran’s issues.
That’s interesting I recently posted how non judicial has been questioned as denying due process.
If you’ve seen Garfield’s recent post it’s all been smoke and mirrors where banks manipulate the law to their benefit and then say it doesn’t apply to them.
But NOW they want us to ignore every evidence of fraud and abuse that’s a FACT.
I really believe the banks do target areas to steal the homes. Homes where i live are close to the beach and do not stay on theater long once the banks get their paperwork on order but mkt has apparently slowed since investors have bought up and drove prices back up. The house next to me has a disgusting pool that no one has touched for 4 years and when buyers look they take one look at that crappy pool and leave. I laugh but it’s really not funny because of the rain and mosquitoes. The bank is going to lose their butts on that repossession.
Well then again they probably won’t lose since they took out those insurance policies and I have heard they are compensated a couple times over for default and then resale. Their greed is unbelievable
Subject: Join me in telling BofA to settle with America Bank of America is on the verge of agreeing to a settlement with the Department of Justice for their role in peddling toxic mortgages that led to the financial crisis. We need to ensure that relief from this settlement – rumored to be around $17 billion – actually gets to the people who have been hurt the most by Bank of America’s practices. Join me in telling Bank of America: It’s time to “settle with America” and agree to meet with families that they have victimized. We know that when the banks get a chance to meet families in person, it’s much harder to simply dismiss them. Let’s make sure BofA gets the message. http://www.commongoodaction.org/tell_bank_of_america_it_s_time_to_settle_with_america?sp_ref=51341981.122.8779.e.32740.2
jayal 3 i know all to well i started paying on my bill and they still want to take my home these lawyers some of them it will hit them or there kids one day
I contacted attny of chasemdlsettlement today and he is looking into my paperwork for what it’s worth and my attny filed to stall hearing here locally because sheister bank attnys are trying to hurry up and steal my home. CFPB just sent a partial response to my complaint. I will read it shortly. I don’t know what else I can do for now. I just want Chase to know that I am no push over and not going quietly. Unfortunately u do need an attny to play their dirty games back I went to my job to try and earn some money and that was my day. I do what I can to save my house in the morning when my mind is fresh and deal with my job next. That’s about all I can handle in a day. I also have a 17 yr old, 3 dogs and a cat that need my attn too!
Nothing worse than rotten attorneys swore to uphold the law. Hope they are or soon homeless too. I told my ex attny off for all the money they sucked out of me and then turned me over to a collection agent trying to suck more for absolutely nothing. Filed some irrelevant counterclaims when I explained to them from the beginning that chase had breached contract. Completely ignored that fact. Trying to cover up for chase( aiding and abetting). Now the class action has brought it out in the open, but ex attnys had a chance to do it sooner but did not and WHY? I think us floridians know the answer
Hi hammertime
Yes we all have various ways in which we have been scammed by the banksters and that has what has brought us together and sometimes not so together. There r so many ways they have committed fraud thru their web of lies and deceit. In David’s case, when they changed his acct # , that would have been the red flag. It appears his was more blatant For me it was believing that govt would help. The banks and govt are trying to sweep the mess under the rug For me the chasemdlsettlement explains in a nutshell what they did to me and many others. I am sure they did the same to many others as they did to David F. Maybe he can form a class action and get his story and others out there. There r attny groups always looking for these types of lawsuits either way we have ALL had it stuck to us bad and we just have to keep on fighting and not each other cause we need each other in one way or the other.
Believe me, David’s all over it and any way we can help him will go a long way as well as Trev and I believe we have various “extreme” cases here that won’t fit the cookie cutter approach we’re being steamrolled with. Let me know if you need an extra pair of eye balls with your letters. We need to nail down the facts and get through the storm.
Here’s something that may be useful for you Floridians:
“Sherrie provided this for everyone:
Self-Represented (Pro Se) E-Filing
Beginning Saturday, June 21, 2014, Pro Se litigants may choose to electronically file documents online using the statewide e-filing portal. Pro se litigants wishing to e-file must set up a user name and password through the portal. They must agree to accept e-service of pleadings once registered.
Please refer below for an excellent instructional video and training manual on Pro Se e-filing on the portal’s site.
Instructional video on how to use the E-filing portal.
Actually, it’s blown through every neighborhood in this country and we have to put aside our differences and start to rebuild. It’s hard to do when you’re still in the tornado.
The lawyers, politicians and the banksters want us to believe that it’s all over and done with like the MA lawyers with the title bill.
I’ve talked to some great broker groups and lawyers that have genuinely been on our side and care about our country.
On the whole though the lawyers, real estate industry helped create the web of deceit and manipulated us and our treasury. Manipulation is at the heart of predatory lending no matter race, income, or profession. We are now a predatory nation and it needs to stop based on the pure facts of each of our cases or they need to make things right. They failed with the chance they got with the settlements and are scamming us again.
I’ve been struck on how stories on lawsuits etc keep saying the crisis started in ‘08. Am I going crazy since I remember trying to get out of my ‘05 predatory loan in late ‘07 but couldn’t get the loan I asked for since Indy Mac, Wachovia, World Savings etc were made the bad guys and were shut down. At the same time the credit scores required, credit cut off occurred virtually overnight.
As David and I were discussing our minds have a hard time with 100+ years of branding that Chase and others used to trust in them and then we were held hostage by too big to fail.
Also remember, homeowners, brokers and even law firms that played the system are IN JAIL.
The confusion over David’s situation reflects as we talked about how we need to stop acknowledging these loans and banksters that we did not have a contract with if that’s your issue. Then you have the bad faith negotiating where we begged tor them to work with us in the interest of the property and our neighborhoods. As banks at least at some level did in the past.
We may have differences as to how to use this board but we have options and we are at a critical point.
For your information Trevor I live in Florida and yes, I know a great deal about John Boehner. Part of the ‘machine’….yeah, right!!! I work on a 2% commission far less than even Realtors. I don’t get raises or have benefits and my income can NEVER increase under the Dodd Frank Act. After fighting from ’06 to ’12 pro se I finally got an attorney from THIS site. Matthew Weidner and do you know what he told me? That unless you flat out have absolute proof of them committing fraud or absolute violating the rules of procedure in this state, you will NOT win. He’s all for modifications which I feel is just another abuse of their power to get around and covering up the fraud. I would NEVER accept a modification. The corruption I spoke about in the Florida court system still continues today and all these wins of lawsuits has not made one iota of difference with the judges. I will post on this site whenever I please and if you don’t like what I post delete it. And just like LMS53 says ‘bring it on with their scuba gear and goggles’ to map out their ill-gotten homes. @ Angel – I did not bring this on, but when someone wants to berate me you can bet I’m going to retaliate. I’m not one to lie down and I’m certainly not a lamb. This site does and has brought a lot of valuable information. In it’s beginnings it was one of the few sites that you could retrieve solid ground rules for defense. However, duly noted that even the attorneys that used to post on this site don’t do so anymore. Ever wonder why?
I understand frustration,& I get how ALL must stand up for your self’s,my point is/was I ….I get ”hope” from sites like this,this is a nightmare I can’t seem to wake from,its shook ”my foundation”& its un-nessasary to plead our case’s to each other,its NOT each other bringing the misdeeds…& IF said so-called lawyer bailed from this site,maybe he/she hands arent so clean,or conscious attacked…could be MANY reasons,we ALL have been steam-rolled/done wrong & HERE I wasn’t alone:-) I wish all y’all Peace,Love,Resolution:-) 🙂
many of the attorneys posting on this site all knew and profited from the mortgage fraud going on. Now that everything is exploding to the surface, they are out of here.
yes,after all that Chase has done to me, what better way for them to receive a house they stole than with some goggles and an air tank! it would serve them right. Bring on the raging waters while we continue to fight.
Wow y’all:(:( were all fighting the same demon,& 2turn on one another,Demon wins!!!!!!!!a lot of us NEED this site because of knowledge by others going thru-it…….BOBBI….to question in such a manner results in NEGATIVE,why…its our daily struggle & already EXPLAINED to deaf ears,BANKS/LAWYERS/ETC…..this site brings hope…..KEEP IT THAT WAY:-) 🙂 🙂 🙂
Bobbi…why don’t you stay off this site….the fact that you are part of ‘the machine’…well…it makes me wonder….the ‘gobbely goop’ or noise…actually has info embedded in it….clues…hints… we are at war…we lost our roofs…WE are fighting for you too…but please…take your ‘brokerage’ fees and post somewhere else. . . you are not ‘getting it’ so to speak… Florida…the State that stole the Pres election…. the good/bad news about FL is that w tidal rise….hurricanes etc….I would bet there won’t be a pan handle left in 5-10 years…nature wins everytime. Can you ‘Pan’ Handle that truth…..yeah….I blame Jobn Boner….crybaby traitor…ruined The Party….not the GOP…the other Celebration. But you wouldn’t know anything about that would you…..
Yes Bobbi the courts are corrupt and how well us floridians know this. I watch what my attny does like the back of my hand. If albertelli gets their way. They will steal my home away
Since I am on a rampage I’d like to mention just a few other arenas of fraud being made by so-called everyday people like worker’s comp fraud; unemployment benefits fraud; disability fraud (oh, that’s a biggie); food stamp fraud; medicare fraud just to name a few. It’s all funded by all the other hard-working individuals via taxes. Nobody cared about how that affected pocketbooks! When you talk about mortgage fraud, it’s just one more to add to the list. My own foreclosure was from fraud on the legal side where the note was lost, then found (ha-ha) and suddenly an assignment from a non-person appears. So it happens to even the unsuspecting and knowledgeable in the industry. Most of why we don’t win is due to the corruption of the judicial system and that’s where we need to start. Winning for one is great but it does not solve the problem and the shortage of having enough money to spend to defend ourselves against them outweighs the conclusion. Turning the tables and making our representatives take a stand against our current judicial system along with the ‘wins’ is going to keep this country from falling down the sewer. We have become lazy, lackadaisical and self-centered- lambs led to slaughter. We have so few good attorneys now who are not afraid to stand up. I search for truth on sites that can help; not meaningless goobly-gah. Normally I don’t post on this site unless it is for useful information or to provide some help to another. Unfortunately, this has become more of a social gathering site which must be so disappointing to Redman & Epstein. I don’t have the time nor energy to waste.
@ David – you can object all you like. I’m not in Oregon. I’m in Florida where we are subjected to very intricate licensing requirements. I am a fair and honest broker and my reputation for that is what kept me in this business for all these years.
@ Trevor – Yes, and I’m still in the business BECA– USE I did not take advantage of people nor put them in programs that were predatory or discriminating or that would take them down the ‘yellow brick road’ to nowhere. Let me tell you something, if ever the government puts enough restraints on the brokerage business to the point that it disappears then you ALL better watch out. The big banks (for the most part) are no longer in the brokerage business and most of them have all but closed their doors on that arena. Want to know why? Because it was the banks that got greedy in the brokerage business, came up with all these screwy mortgage programs for easy money and quick turnaround. They knew exactly what they were doing and they didn’t give a damn who got hurt. The only factor that played a part was the enormous greed that consumed them all. Now as the tables turned on them and the Dodd Frank Act went into play, they don’t want to conform to the rules. Exit all brokerage business is now their main purpose and it’s because they would have to obey the rules like the rest of us have all along!!!!! I make a living like everyone else and I work damn hard at it. I started working in the industry at the age of 17. I am a single mother who raised my children alone. I could not afford to send them to college and so they put themselves through college using student loans and grants. Don’t go slamming someone you don’t know or putting a label or blame on an industry that you know nothing about. And as far as the brokers out there that DID promote those programs well, my friend, I can tell you they were more than quite convincing on the disclosures. It would have taken Einstein to be able to read them, understand them and then convey to a customer or home buyer how they worked. As long as the economy was working smoothly they worked fine and that’s where the problem arose. It WAS NOT the mortgage brokers who brought about the financial crisis by any means and I’m really quite tired of those pointing fingers who most of the time are just ignorant of the real facts. Wall Street working in conjunction with the TBTF entities along with the rating companies put this crap on the market for a quick buck. They were rated AA+ under secondary marketing ratings which was a great appeal to mortgage brokerage firms and lenders. Little did they know that the ratings were a scam and so they proceeded to market those products.
In the end, if the brokers disappear you will be held captive to the TBTF with no boundaries and no regulations, no rules. You will have no control and we will become the ultimate communistic state.
In final conclusion, I object to ignorance. Those home buyers who got those goofy programs were just as greedy as well. Getting homes based on fake incomes because they never reported all their income to the IRS or worked under the table or buying a home that they couldn’t afford a year earlier but now they can yet their income stayed the same. Some of this wanton greed goes in all directions. Want to know where truth lies? Read. Read. Read. Never sign your name until you read.
Capitalism without regulations and Regulators is much worse than communism….we are seeing end of one way and the beginning of a New Way. Thank you Bobbi for being one of the honest/good ones…..there were no many. Maybe you can help this board w insider info….about what reallllly went down. Be an expert witness to Floridians…..why???? BECA– USE you know how the engine works….the stuff behind the curtain. . . I am disgusted at the molestation of my Courts…..sham….so yeah….you help 10 Florida survivors….tell them the weakness of the banks….the ones who put a roof over your head….I screamed bloody murder for years…..everyone laughed. Now its not so funny…..yes w a phone I can run the show….call it AI….somehow my prayers are being answered….so Ill keep asking the Angels for help….here and ‘there’…..maybe Bobbi…maybe you know a rich Floridian who has enough fn money….maybe he/she could sponsor a JD A Team…..to help others….victims/survivors. ..I care not what you call ‘us’….thinkaboutit…..breathe….no one hates you….we all deserve a fair game if we are being asked to play….the game is 21….not 22….or 27….or whatever the Banks want to play….you can’t change the rules mid game right???? Thats cheating…and cheaters never prosper (3rd grade lesson).
Bobbi…you asked about David’s sitch, its like this:
Suppose you buy a new car, a modest mid-size..say $33,000 out the door…you take out a loan…drive off….enjoy the car…make your payments…everything is fine….until..
The Dealer (think chase/jp et al….the ‘crooks’) decide they want to steal back the car….bc…well start telling lies….like ‘you bought a Lamborghi w floor mats and a custom sound system….you owe us 3X your Impala payment…..and you made your payments late’…’and we don’t like Veterans’…..
You’re like….’FY….I bought the Impala….there is no Lambo…Ive been making my payments…in full and on time..on the car I bought…So yeah I have a loan with you…I just don’t have THAT loan with you…no one does….its a ghostloan…a figment of the Bank’s disturbed mind….another fn lie!’
Trevor – Since I am a mortgage broker and have been for 44 years I am fully aware of how mortgage programs work. (though I did NOT participate in those wild programs in the early 2000’s). Anyway, the only way a mortgage can change is if he was under one of those programs where the rate changes, the payment changes (variable rate) or one of those pick-a-pay loans that ultimately took a borrower into negative amortization. If he was under one of the pick-a-pay and he only paid the principal-only payment there was a 5-year cap on that and then the mortgage would revert, adding back in the earned interest to the principal balance thereby creating the negative amortization. Otherwise, if he got a ‘vanilla’ type loan (Fannie/Freddie) with a fixed rate nothing can change except escrow payments if they were part of the monthly payment. Chase, WAMU, World Savings were all well known for putting out those programs as well as all the sub-prime lenders that were once out there. So when he says he made all the payments, I just wonder if those payments were actually principal and interest or if he had an actual fixed rate mortgage.
Trevor Hitchin
August 1, 2014 at 11:58 AM
Bobbi…44 yrs as a broker…wow..are you beside yourself this week or what??? I mean the banks…mortgage execs et al. will be falling (are falling…) and the sky is still standing….what gives? $16 million here..in JURY awards..$17 billion there in penalties…criminal complaints filed in every of our 50 Ststes…arrest warrants issued by QE7…what’s QE7 you ask??? The final quantitative easing….the crescendo…to this commedy of errors…like when the tetherball spins to the top of the pole…pauses…stops…then spins the other way. So yeah…I hope you go without investigations….subpoenas. …etc….simply put…I HOPE YOU didn’t contribute to this..our Country’s collapse….I hope your ethics were never compromised…I hope you did not partner w the devil/saturn so to speak…..I am sure you are honest….but 44 years….good grief!
so if I had not been abused by FretLife….American Home Mtg…Chase….and a dozen sleasy RICO companies…call them satan’s little ‘helpers’ along the way for 70+months….since 2006…then I would buy your argument that it was simply just a miscommunication on the ARM and the amortization mischief/creative calculating so to speak….I would say Dave maybe just did not read the fine print….HOWEVER….after talking w Dave….I think it is more along the lines of the Impala/Lambo scenario. I wasn’t trying to insult you or your industry. …but sir….the Mtg whores sold out America…..fracked our FDIC Trust….made us hate our Attorney Generals (idaho…duuuuuuh)….Judges….Prosecutors. ..Police Chiefs…..they whored out everything We the People stand for….glad you got yours….I earned mine the hardest way….then got robbed….twice….raped of my shelter…my home….my peace of mind. Yeah….mortgage brokers…agents (real estate and otherwise)….they got into a feeding frenzy, a gang rape mentality…now they (and other untouchables) are being attacked….so that our once Great Nation…our ‘rome’ has a last chance to avoid collapse…..and yes….ets are behind the scenes. …and like Tide tells us…it all shall come out in the wash…..(insert 8 more quarters for another cycle). I type this from my moving van….my new home….and no…you don’t need an mba to rent a van….you do need credit to buy a house….fk FretLife and Judge Bieter….they knew better because I told them…..in person.
Watch how the CIA crumbles next month w the US Senate’s 6,300 torture report….watch also how global ‘big hitters’ begin to battle the NY ‘fraud’ Giants….David and others have led them…the guilty ones straight off the edge….call it the Justice Buffalo Jump….the counterbalance…the Shift…..it does not take much to pop a huge Trump style ego…just a sharp pin will do….PoP!
I cheer the New Age….I cheer thr cleanse….arrest Steve Kandarian and DB Diamon….if I were your Pharoah for a year …even for a month….I would build a pyramid and invite all the 99rs from NY to CA to come watch the heads roll (or bounce) down the steps….and into a basket. So that it never happens again….ethics matter Son. 777
David Franklin
August 1, 2014 at 12:47 PM
I object to Bobbi comment the state of oregon banned my mortgage broker
for life for writing predatory loan to disabled veterans like me
and lying to a me about the loan terms like balloon payments
And hidden undisclosed loan interest charges in non complianc
With TILA and Respa laws
He by law will never write a predatory loan again to a
disabled veteran
Regards
david
Trevor Hitchin
August 1, 2014 at 1:11 PM
HA! After making my ‘PoP! goes the weasel comment about The Donald (how’s my hair…all four strands) Trump….I open the paper to AP article…Google Vera Coking….you Go Girl….awesome. She fought on principle till she was 86…♡ it.
Well almost chase charged me ten grand for a loan mod
then tried to foreclose then wrote a new loan without me applying
for it and then tried to foreclose then started extorting me
to pay double and triple mortgage payments for the same month
And now chase whistleblower employees have sent me docs
showing they have stolen about 100000 grand of my mortgage
payments to pay for their 42 billion in legal bills
regards
david
Chase cant seem to figure out how to foreclose on me wince i
Never applied for this loan and Ive never missed payment
I have to keep paying until i get a judge order to stop paying
As to stafne trumbull they refuse to help a disabled vet by the us vet
Administration who doesnt have a lot of money for
Never ending medical bills
Regards
David Franklin
Im currently being extorted by chase to pay my mortgage
Payment for same month and year two and three times,
So far they have allegedly extorted me for over 100000
Dollars
Regards
David – I can’t figure why, if you never applied for a mortgage, why are you making payments? You mentioned that you have never missed a payment….and by all counts by making payments you established that you owe a debt. Am I missing something here?
David, if you didn’t take the loan out have you considered the fact you were a victim of identity theft? I would think that Chase would have to have papers with your signature on it for the loan. I am so sorry that this is happening to you. We also tried contacting Stanfe Trumble about help but never heard back from them. However some of the information coming out of their cases is pretty helpful. I have gone and stood in front of one of our local Chases a couple of times with signs protesting all this stuff, but one person sometimes doesn’t make an impact. I get people honking and waving in support but not much else yet. I would have been out there more this week but it is to dang hot here.
More DOJ lawsuits against the big banks coming. Read today on cnbc website. Just have to keep the faith. I know we all have our individual battles to fight us everything else we have to deal with on a daily basis. Praying for us all. All the theft they have done will come back to them and hopefully in time where we all can see some justice enough that will put our weary minds to rest
a little tip on another scam
uscourts.gov
THIRD BRANCH NEWS
uscourts.gov | court locator | news
Public Alert: New Juror Scam Seeks Personal Data
Juror Scam
A new juror scam email, which fraudulently seeks personal information that could aid identity theft, has been reported in at least 14 federal court districts.
According to the Administrative Office of the U.S. Courts, citizens received emails claiming they had been selected for jury service and demanding that they return a form with such information as Social Security and driver’s license numbers, date of birth, cell phone number, and mother’s maiden name.
According to the email, anyone who failed to provide the information would be ordered to court to explain their failure, and could face fines and jail time. The email also falsely claimed that it was affiliated with eJuror, an online registration program used in about 80 U.S. court districts
my answer to chase when I disputed their response to my uscfpb complaint
chase sends me these worthless responses either written by personnel who don’t know what they are talking about or by their attorneys in toilet paper white envelopes from gahanna ohio where chase oH4 is located.
addressing issue should mean that it is resolved to the satisfaction of the client or customer not chase’s version that they put some words on a piece of a paper while they steal my mortgage payments to pay their attorney fees . that is almost $ 100,000 so far and counting. this mortgage is one I never applied for and there are no loan docs for which chase originated without my permission. and I can prove it. I have talked to other chase victims . it is all the same story . harassment, extortion, grand larceny forgery of documents and continued false information from chase employees who are ordered to perpetrate this continued fraud. we will see all of them in court along with mr kevin watters and mr zsarro of the default management group. this crew at chase is the largest allegedly ongoing criminal operation on the planet. and that includes their corrupt attorneys that have milked this bank for over $ 40 billion in attorneys fees. this whole operation is driven by the quadrillion dollar derivate hedge bets on the mortgage servicing rights. chase just got nailed in the chavez vs. jpmorgan chase for fraud like being perpetrated to me for chase attorneys alleging they owned the mortgage but they do n ot and chase and their attorneys lied to the judge and the jury . and their arrogance in the yuba ca case cost them big and then another case cost chase $ 15 million for defrauding the homeowner. chase has crossed the line and so have their attorneys into the realm of criminal misconduct and their day is coming . the criminal case against chase is sitting in the U.S. attorney’s office in Sacramento, ca. being suppressed from going forward and their over 25 public organizations that filed a petition with us atty eric holder in reference to the $13.5 billion dollar judgment.
this response is worthless just like all the envelopes chase sent me from oh 4 with a fake phony return address on it and all chase execs do is hide behind their attorneys and employees issuing un signed by any chase exec documents. chase attorneys are so dumb they cant even coordinate with chase whistleblower employees who have sent me documents refuting everything written by chase attorneys in these uscfp complaints. when I attend the next jpm chase stockholders meeting i am going to propose to clean up this fraud and racketeering mortgage organization and fire all of their attorneys and stick to them with no payment for giving in adequate counsel to run a criminal mortgage organization to defraud and extort me and the American public
david franklin
Tricia
July 31, 2014 at 8:10 PM
David, I am just curious, I think you are in Washington State. My question is are you also dealing with Northwest Trustee Services? And have you seen some of Scott Stafne’s cases out of the Seattle area against NWTS and Chase. He has also been fighting some of the other Big Banks.
Yup, the cash is flowing all over the place except to those harmed.
Interesting, just had article on this case sent directly to me on BofA Hustle exec, no source Google to verify
“Bank of America has been ordered to pay $1.27 billion for ‘Hustle’ fraud.
A federal judge on Wednesday ordered Bank of America Corp (BAC.N) to pay a $1.27 billion penalty for fraud over shoddy mortgages sold by the former Countrywide Financial Corp.”
“Rakoff also ordered former mid-level Countrywide executive Rebecca Mairone, who was also found liable and was the only individual charged, to pay $1 million, citing her “leading role” in the fraud and calling some of her testimony “implausible.””
“The case centered on a Countrywide lending program that ended around May 2008, and which was known as “High Speed Swim Lane,” “HSSL” or “Hustle.”
Investigators said the program emphasized quantity over quality, rewarding employees for producing more loans and eliminating checkpoints designed to ensure the loans’ quality.”
“Bank of America has said no penalty was justified, and spokesman Lawrence Grayson said the $1.27 billion award “simply bears no relation to a limited Countrywide program that lasted several months.” An appeal is possible, he said.”
“According to her LinkedIn page, Mairone, who now uses her maiden name Rebecca Steele, recently started her own firm after working at Bank of America and then JPMorgan Chase & Co (JPM.N). The government had sought $1.2 million from her.
“Rebecca never intended to defraud anyone and never did defraud anyone,” her lawyer Marc Mukasey said. “Unfortunately, more powerful people chose her as a scapegoat because they thought she was an easy target. We will fight on to clear her name.”
U.S. Attorney Preet Bharara in New York said the verdict and penalties show that mortgage fraud “cannot be viewed as simply another cost of doing business in the financial world.””
It should be in the form of a motion instead of letter and filed
Electronically in fed court electronic court filing system with
Correct case no
That way u get a time stamp and receipt that will stand up
In court
Letters go to trash
Copy to settlement administrator amd your attorney
If about title bill it seems to be a too big to fail/Wall St approach that for the good of the economy you can’t have people questioning title. In the past it was 20 yr period to challenge and they want it cut to 1 yr and something in between. So depends if you’re a broker, buyer or had your home stolen or you side with banks, Wall St that we need to keep that stock market and poor buyers are the victims. Or something like that. 😉
LMS thanks for the good wishes. I have been up 20 hours a day the last few days hydrating her with an eyedropper but the most important thing her breathing is normal. I have only one more thought about my pressing issue and then i ll only watch the site . Obama healthcare is getting started and if he paid some attention to these loonies who use electronic harrassment micro wave guns , electric magnetic pulses, etc. he would srop many medical crisis under homeland security cause these nuts are a terriorist to anyone with a pacemaker or electrical problems in their body.
that bill is being pushed by all the attotneysr that profited from this fraudulent foreclosure mess and to protect the title companies who will have a lot of payback money.
Here’s something related to the title issue. Decisions being made tomorrow (31st) for MA people it looks like the double talk is pretty amazing.
Almost fell off my chair on this:
“Vetstein and Plymouth attorney Richard Serkey said banks have stopped the improper paperwork that led to the Ibanez decision so homeowners have already had years to attempt to regain their homes. Vetstein said those who have already begun legal action to regain title would not be affected by the bill.”
I am also going to send a letter to judge stearin David. I am taking your advice. I did try to call the clerk but they did not call me back. I spent all last weekend writing letters to the consumer protection agency so this weekend I will write a formal letter to the judge which will take the entire weekend to compose so I don’t sound like some desperAte kook I have always been trying for a modification and the bank has breached twice and lost paperwork, etc. we all know the excuses they have used for denying us. I would like to set a precedent In fla. My ex attny is also threatening me and I stood up to her. She threatened to “call the authorities”. And I’m not sure who or what she means. She took a 1500 down payment and 500.00 methyl payments and did absolutely nothing. I am putting her on the witness list Because she has my file and it has some damaging evidence against chase and she refuses to give it to me because she is claiming I owe her more money. I am sure they were working along with chases attnys because I showed up to my hearing and I had no representation and when I ask the banks attny why my attny was a no show, I was told that both sides had agreed that they did not have to be there. I had no defense
Working on sending more complaints and writing judge stearn this weekend. Already filed new complaint with consumer financial pb last weekend. Thks too hammertime
Thanks DDave. I hope the attny I have is thinking along those lines too. Right now it looks like he is trying to put together some kind of witness list and do discovery. But the only witnesses so far are the banks attnys and me and I will have slot to say if my attny does not say it. The bank put me on hold while this class action was being heard and then when chase lost, all of a sudden my foreclosure gets revved up and the judge signed off on the date for trial and she is not the same judge. I don’t see how she can set a trial date without having their facts from both sides. It is so rigged and obviously not in favor of the homeowner
Look im not an attorney and this is not legal advice
Go to wwwmdlsettlement.com and printout judge stearns order
Order and give it to your attorney and get him to file with atate court
Judge for a trial date postponement indefinitely since
Judge stearns order says he has taken jurisdiction over your case,if she
Does not submit sue her in federal court at your local federal court house
I did that myself against monroe county state judge in monroe county
In miama federal district court
Now i am totally disabled veteran so i can do it
And you can do it as well
But this is not legal advice
As caveat emptor says lawyers sell out clients every day
Allegedly
Regards
David
BOBBI SWANN
August 1, 2014 at 10:40 AM
David – the posting for the website you mentioned wwwmdlsettlement does not exist. Can you re-post the site again? When I google Judge Stearns a whole page of cases pop up so not sure which one you are referring to here. Thanks.
If they don’t know of the latest judicial precedents, you might make a motion for a short 30 day recess so that your opponents and your judge (don’t insult the judge, he has clerks that help him keep informed minute by minute) can familiarize themselves with Ocwen, Chase, Bank of America, etc. possibly confer with your state Attorney General who signed these recent judgments so everyone could have the same clarity of purpose, then reconvene with a better understanding after everyone had had a chance to read and absorb the judgments 🙂
Hammertime what do uean we have until the end of the year with these settlements? I am very concerned. The banks attorneys have set a trial date and the judge signed it. Obviously the judge does not know about the chasemdlsettlement. If the bank forecloses before I get modified. I’m out and the bank knows that too so that is why they are pushing the foreclosure.
The federal judge in boston has jurisdiction
Over your mod and foreclosure ban
Under the mdl settlement not the state judge
contact judge robert a. stearns thru the mdl settlement
My understanding is you can make complaints to AG, CFPB etc over violations of the standards and improvement of process, mitigate harm done that was the purpose of the National Mortgage Settlement. So not just matter of the $300 payment people got last year. I would look at whether their foreclosure is valid, once again and question everything according to the settlements which is your homeowner bill of rights – dual tracking, single point of contact, valid transaction, chain of title etc. They are getting credits and are trying to get a clean slate. Not at home so review what you can. My complaints to CFPB regarding settlements, HBOR have helped me to stop sales without a lawyer and resulted in evidence. I also copy local officials etc as we’ve talked about.
I.m rereading your comment the sadistic one is not my landlord only a downstairs tenant . We have some nice people Sandy victims all people stuck with putting a roof over their head. Very few are not transient I’m here much longer than i planned. The tides are turning.
I think he is on s.s. on i don’t think that can be taken away and shouldn.t be taken away from anyone if they earned it in a working lifetime. I think even in a judgment thay cant touch s.s. I’m not sure .I am not a lawyer. I am an artist, a far cry from what i work on now.
In NY it is not refundable. I think in California it is. The leases are adhesion leases take or leave it in the landlords favor. and they want the tenants dumb.
I understand Marilyn, but that should just be security deposit and refundable when u leave. but just like all this creative financing that caused the financial meltdown, I am sure they are wording leases in a way that the tenant will lose. you can do better and fight on.
This REIT is a garden complex, one of many wall streeters own and like a lot of REITS take dogs for a fee of $500. per dog. They go out of their way to make you leave so they can get the next tenant with a $500 fee.
same in my neighborhood. The reits that bought up the single family homes and rentd them to a bunch of thugs. I certainly would not refer to them as neighbors because there is nothing neighborly about them. these investors do not care, they just care about the income stream and your landlord, is probably employed because he knows somebody
Agree hammertime. Have to somehow turn the foreclosure into a criminal matter which it has always been. In my case breach of ontract and the latest class action to back it up should be sufficient. Plus I have all the payments I made and all correspondence qualifying and offering a modification. This is criminal and the fact that they slammed me in foreclosure was just a distraction to hide their criminal activity.
Trevor- want to thank you again for giving me the info to reach the Homeland Security site.
If one hears or sees something, one has to say something and to me zapping a neighbor
with micro wave or electronic magnetic pulses is sick behavior , how sick this person is i would think Homeland Security What would be concerned with what lurks behind his facade of a loner
and sadistic person who does such things. It could be more than me and my dog I’m trying to save. .
Marilyn. Just stay clear of that creep. He obviously played on your desperation to find shelter for you and dog. I have not had to rent so I don’t kno what a landlord will ask to qualify a person. I would just change your acct numbers or bank. Pay them with a cashiers ck or money order so the creep will no longer have your acct info. Should not matter how their paid as long as it cashes. And when possible start looking for a place where you and your dog will feel safe
LMS53 I did all those things. When I started to see all the things that go on in the REIT i did all those things. I always gave them bank checks when I discovered the leasing agent deposits all the checks with his smart phone and the banks can Imagitell whose acct it comes out of but not where it is getting deposited to. I ran the leasing agents name thru the internet and found out he has two felonies and later found out it was for credit card fraud
I tried to leave but they have me on an illegal black list and could not find a place with my dog. I am tired with the foreclosures and I definitely was not looking for these issues.But someone broke into my apartment while i was busy at a library with the foreclosure and stole all my old bank statements, all the tissue duplicates of the bank checks, everything with numbers, i and the bank stopped it before they used it but it sure sounds like an identity theft issue. Why would a REIT hire a felon with credit card fraud to take everyone who applies for an apartment their social security number, all financial info not mentioning names this is one of the big REITS
“When asked why homeowners even with lawyers keep losing their homes, Bradford gave a haunting reason: “Most supposed ‘foreclosure defense’ attorney are giving the homeowner false hope when in reality their only strategy is making refuted arguments and filing useless pleadings to drag out the inevitable foreclosure. Moreover, these legal charlatans charge their hapless victims tens of thousands for the privilege of losing their home. Unfortunately, legal incompetence is one of the major reasons so many homeowners have lost their homes.” http://www.veteranstoday.com/2012/03/21/mortgage-fraud-examiners-warns/
Some industry pundits muse over whether foreclosure defense lawyers commit legal malpractice by failing to examine the mortgage transaction. Bradford explained the issue: “Bar ethics counsel has made clear that attorneys commit malpractice by failing to examine contracts when there is an allegation of breach. A foreclosure is basically an allegation the homeowner has breached the contract by their failure to make timely payments. The servicer sends a notice of default and accelerates the loan pursuant to contract. Doesn’t it make sense for the foreclosure victim’s attorney to examine the contract and related documents to determine whether the lender breached first, there are any errors that may void it, and/or fraudulently induced the homeowner into the contract? Common sense dictates that attorneys should be checking whether the mortgage is even enforceable before tackling a foreclosure.” http://finance.yahoo.com/news/homeowners-receiving-multimillion-dollar-awards-155900638.html
Excellent articulation of what I was trying to say earlier, from Garfield/Yuba post:
“elexquisitor, on July 23, 2014 at 2:38 pm said:
United Law Center in Roseville, CA, has had a number of successes in settlements, mostly for loan mods. and the laws have shifted quickly over the nexus of contract law and real estate law. The actions of PHH were egregious and left a lot of evidence behind. Apparently the judge allowed discovery and the homeowner had something to work with. And the jury is likely sending a message to the courts as well as the banksters that they don’t appreciate the clouded titles left behind as a result of CA case law rulings.
I wonder if we are seeing the first judges who see the writing on the wall, just as my case was filed with the CA Supreme Court. And the first judge has already given the borrower the home, so the onus of that ‘honor’ now falls on the Kalicki court. Hopefully that is all it will take to keep the judges from tipping the playing field against the homeowners.
BTW, the count for publication of Kalicki is 18 – 0 as of this morning; all non-party.”
Philip Linza was the PLAINTIFF in this case and he took the case to criminal court; not the same as PHH suing for foreclosure in civil court. He sued them for criminal activity and that would result in a jury trial. Oranges and apples!
Yes, another of the misdirects that judicial is good, non-judicial bad. What good is judicial if judges are corp minded to put it nicely. Goes back to what we were warning folks when this modification settlement was being pushed. Still didn’t fix title etc. What Garfield has said repeatedly and cases that have lost have shown repeatedly you can’t claim fraud if you’re acknowledging and negotiating for a mod or acknowledge debt in the foreclosure and don’t have specific facts. You’re dead before you get out of the chute, if that makes sense. (time out – just my understanding, not legal advice) That’s where I haven’t budged with JP MORGAN Chase for 4/5 years. Now, have they committed fraud on top of fraud by not honoring settlement, and the mods in the first place? Just like they haven’t honored nat’l mortg settlement I wouldn’t be surprised and neither should anyone else. The Kalicki case is 2/3 years old! If I don’t know who has authority betw Chase Bank, JP Morgan Chase, Chase Manhattan, BofA, New Century, WaMu IN MY CHAIN OF TITLE, why would I accept a mod that they are trying to shove down my throat which has a bogus requirement to boot? And they said they were forgiving $500,000, NOT a misprint. I hear the golden gate bridge is for sale. On top of actual fraud the Yuba case jury nailed them on their arrogance so keep documenting and making complaints.
We should be entitled to counter Sue and ask for damages. Former attny counter sued and in their counter claims demanded a jury trial and for attnys fees and I am hoping the attny I have now will raise those claims again. They were dismissed without prejudice. Meaning they can be raised again, but now that a trial date has been set, I fear it could be too late to raise them
I would look at Kalicki case. There Chase, not a small? mortgage co like in Yuba, was caught claiming a WaMu loan was theirs and they were found to commit fraud with false documents. Again though you have to look at the facts of your own case but now they can’t say it’s our wacked out imagination.
florida is one of the most corrupt states. at least CA has a bill of rights for homeowners. I am going to inform my attny that I am not waiving any of my rights and see what he says. MSN just name florida 10 of the 10most corrupt states and I believe it.
Bill of Rights or not we have to keep questioning until we end this. The lawyers, agencies, non-profits in CA are not enforcing them per my experience but I still have them to stand up to them. You and anyone with a Chase, Wells Fargo and other loans in the settlements also has them at least until the end of this year. We have to push to demand they be upheld. Go to the file sharing site and you can download the settlement or go to the national mortgage settlement page.
I have an attny. How do I inform him that I am not waiving any of my rights. He is not responding to me and today I wrote to him to ask him about his strategy and ask him how we can turn this foreclosure case around to what it should be, a civil case for breach of contract against chase. I am very concerned because they set a trial date and it’s says a non jury trial. I have never waived my right one way or the other. I have been pro se up until they sent a notice of setting non jury trial which they never informed me of a date. How can the banks attorney just send a notice like that. They do not make the decision that it is non jury
LMS & everyone else here questioning jury trials: Read your mortgage. Fannie/Freddie mortgages as well as most others, have a caveat in there that states that you ‘waive your right to a jury trial’ so the minute you signed that mortgage, you already waived your rights. No foreclosure (at least in the state of Florida) has a jury trial – those are only warranted for criminal cases. You really think the biggest insurer and investor of mortgages throughout the USA isn’t going to cover their arses? These Fannie/Freddie forms were revised throughout history and more recently just BEFORE the financial crisis hit. Think they didn’t know what was going to happen? Gangsters, all of them! Not just Wall Street and the big TBTF banks but the Federal Reserve and Fannie/Freddie. And they took your tax money via the TARP funds and still screwed you! Get off the kick for jury trials….ain’t gonna happen!!!!!!!!
All court rules provide for jury, unless both parties waive that right. You are the party that does not waive that right. A jury is required for precedent setting argument, and lack of a jury is grounds for appeal and reversal. If you waive the jury, you are unable to appeal on that point. Without a precedent setting argument, an advisory jury is empaneled on request of either party. The judge can still make a judgment, but you can appeal if advisory jury does not agree with judgment. Your judge is corrupt. It is readily apparent with a statistical analysis of his judgments. The best info on juries is in Blackstone’s Commentaries, amazon.com, 2800pp. or on bettermarkets.com. The legislature has written some unclear legislation in Dodd-Frank, and the enforcement arm of government is obviously uninterested. Our only hope for redress is judicial. If the judges are corrupted, you need a jury. Get one. Juries are not bound by precedent. They represent the interest of the community. They are allowed a great latitude in considering effective redress and punitive actions.
Great info. This is along the lines I’m thinking and how the Homeowner Bill of Rights in CA requires us to think out here. Not legal advice but the law is set up so you can’t sue for damages unless a sale has gone forward. At least not the damages associated with the new parts of the law. The settlement post, monitor response also shows the distinction between civil damages and personal actions.
thanks Trevor, before you gave me the connection i pressed in Homeland Security – and nothing came up- how many ways should one have to GOOGLE HOMELAND SECURITY THAT THE COMPUTER RECOGNIZES WHAT YOU WANT?. waiting for return of my stolen proper I am becoming toast (burned) by a microwave gun LIKE CHRISTINE says.
It’s what’s called a wedge issue, it’s just taken a bizarre turn this time around. What scares all the elites in both parties is if we focus on our foreclosure nightmares and make them all account for all the trillions Wall St and their allies in govt took away from US. If you put a fraction of the trillions into our neighborhoods, our businesses and in our hemisphere would 50,000 people somehow have snuck up on us? Doesn’t make sense just like the fuzzy math of how we bad homeowners destroyed the economy and somehow lost our values from the good ol’ days.
Hammertime, be very careful about using the word ‘paranoia’ on this site……you’ll get lamb blasted! Paranoia???? Are you kidding…there’s no such thing as that here…LOL “They” are here, “They” are watching, “They” are here to destroy us, “They” are responsible for this and that. Who is ‘they’? Sounds more like that Geico commercial on TV…or the Orsen Wells radio broadcast (War of the Worlds) that everyone thought was REAL in 1938. Well….stupid as as stupid does.
hammertime
July 30, 2014 at 12:30 AM
I think LMS has real questions and you have given great information from your experience. I hit the wall a couple of months ago and wondered if up was up. That’s why I hoped that people would post their docs in some form so we know that we’re working with real people and real information. Some people are also under great duress and it spills out on screen which is the greatest crime of the abuse of these lenders and elites in both parties and in all branches of the govt. But I think we are at a critical juncture and people need to step it up and focus on what’s important. We need to put aside our personal, cultural, political and any other baggage aside if we have a chance to make things right for our country and not just ourselves.
Dave took some quick action on the settlement post and actually got a quick response. Some in interesting info that we can review. Here’s the link to the response. Will need to register/login to download. Can review comments.
How do you know if you are waiving your right to a jury trial. the local county court isso corrupt. they are going for summary judgement. I had to get attorney, but don’t trust himher. not returning phone calls and needs to turn this around from a foreclosure to breach of contract
I ended up living in a REIT with my dog and have a whacko felon living below me with electronic guns, ADS aqctive denial system and electric magnetic pulse and he keeps zapping me and my dog and we are both getting tortured and sick.
they’re a scam. Go to PBGC first. To get to a jury, merely don’t waive your right to be judged administratively. For new law, a jury is a reasonable request. For administrative law, due to the obvious corruption of the judicial branch, an advisory jury is a reasonable request. Address your plea, and all your documents to a future jury of your approval.
Good Luck with getting any jury anywhere!! If jury’s heard and saw the fraudulent foreclosure practices we are alleging, this hell would be stopped! No Jury’s are ever used in these unlawful procedures!!
Hello yall:-) i’m still battling chase,my Question is,The Home Defense Network,,,are they friend…..or Fo????ANY INFO ABOUT THEM will help us determine speaking with them,THANK U,in advance,Angel
If that pic isn’t Rick Fox formerly of the Los Angeles Lakers try him out. Have you ever put details of your situation on here? Give them a try but don’t sign anything and let us know what they say. Usually they’ll discourage you from taking legal action and push you to short sale or mod so depends on what your goal is and if you want to risk bad title. http://www.thehdn.org/homeowner-defense-network/meet-brett-robbins/
Angel….I responded just now to Ms. Lane. You may need to scroll through ‘older posts’…in short..if its the 619 area code Co….they passed my test….vetted.
Everyone needs to know what these banks have done to people who have in good faith tried to pay these banks. Chase breached contract with me and 1000s of others and then they slam the poor homeowner in foreclosure and try to make the homeowner look like the deadbeat when in reality they are the deadbeat. I will go to the fbi in Miami, but will they listen.
Trevor…do u have any feed back about an email I keep receiving,The home defense network..searching for victims of mortgage servicer abuse…are they an Ali or another scam?
Trevor Hitchin
July 29, 2014 at 9:46 PM
Ms. Lane….here is my report on the San Diego based Co…as you may know there is/was a co using the same name. …they were reported and are likely being shut down….or have already. The 619 area code IS a friend….I just spoke w the owner/principal and was convinced….they are a Service Provider and have a pulse on the trends…even the new ones *wink. He said a debt consulting guhru once investigated 700 firms in 14 years….he said the researcher told him that he was one of only a few trusted….I believed him…so if you’re looking to report a scam….the SD co is not the ‘bad’ guy…if you’re looking for options….I would call….what harm could it do. We had ‘the talk’…..pause….12 minutes worth…..maybe he will cut you a 4closurefraud discount?….No…I am not a paid actor….I just help and upset people on the internet when my Cricket phone/computer is paid and on and working…..im passed due and should have no svrc tonight so perhaps you were supposed to read this….. that’s all folks!
Trevor Hitchin
July 29, 2014 at 10:35 PM
Angel…you by now realize that the HDN opinion was for you….Ms. Lane should know that ‘they’ in San Diego have direct (read: strong ties to the legal community. …those who now ‘get it’…ties now being anchored in truth (real judgments/awards) v. fiction. I think a CA based firm would be ideal…the big ones know the score and have advance knowledge of the color wheel spin from red to purple..being a tidal community they also understand the concept of tidal waves/shifts….sometimes it just works out….sometimes you either change or die…or like the vatos of east l.a. would say ‘get eeeen…ride or die homey?’…. by this I mean simply that the times are changing at lightspeed…lawfirms will either change/ride (support the underdogs) or they will die (become We the People fodder/chum)….the magic numbers tonight are 180….as in real estate lawyers/firms nationwide are spilling their starbucks and throwin’ her in reverse….turning 180 degrees…on a dime (with Flame still burning)….6s —> 7s…then 7$$$$…
Hi David f. Glad to hear chase stopped harassing you. That is illegal anyway, but that is illegal as a “debt collector”. Did u c hammer times post about The case of modification Fraud. We just need to hang in. I sent complaint to Chase about them not honoring the latest clas action that Chase lost. As in thAt case that hammertime posted, Yuba or something similar case, WE the people have had enough of these banks crap. The guy won 16 million with a jury trial. Some how these case need to be in front of jury’s to be decided and then the banks would stop their lies and deceit
I am trying to channel the ‘collective chatter’ on the Fairways today:
‘Jesus Tom…you sure are playing a lousy front nine, everything alright w Christie….the kids..rates are low…refis are high…what gives?’
‘We’re being investigated by the Feds…foreclosure files…DoJ sent the letter last week.’
“Heeeey Tom…..how ’bout we do that back nine…..uh……some other time…huh? Yeah listen I gotta go…we’ll see ya…great hittin’ whitey w ya…hi to the kids….uh…don’t sweat the small potatoes, eh….uh……well look….who’s NOT being investigated these days…..uh…I’m sure it’s nothing….I mean…fk I don’t know what I mean…….Valet!!!! the silver Mercedes there….w the plates ‘MERS666’….YES of course I know there’s a second half…….ah just get the car would ya Son….on the pronto…hurry boy hurry!!!’ (In best Caddyshack Judge Snells voice/persona). The Joker says something on the subject if I recall…. ‘oh they’ll turn on you…..on a dime they’ll turn on you…’
Good luck with doj
They are in fed court in dc over chase 13.5 billion settllement
And congressman issa from CA IS ON THEIR ASS TOO ABOUT CHASE
AND US DOJ IS BEING SUED IN SAME COURT ABOUT CHASE
SETTLEMENT WHICH IS A JOKE SINCE CONGRESS GAVE CHASR
90 BILLION FRR OF TARP TAXPAYER MONEY WHICH CHASE
GETS TO WRITE OF ENTIRE SETTLEMENT AMOUNT LFROM THEIR
INCOME TAX
REGARDS
DAVID FRANKLIN
PLS SHARE IF YOU WISH ABOUT DOJ LETTER
CHASE HAS STOPPED HARASSING ME AND MY ATTORNEY
SINCE I FILED CHARGES WITH USCFPB CONCERNING CHASE
EXTORTION OF ME AND GRAND LARCENY AND THEFT OF
MY ESCROW FUNDS AND MORTGAGR PAYMENTS AND MORE
ahhshucks…..’zilla takes bow…stop chewing Kandarian’s flagpole for a wink and smile…delivers a tribute to Lou Gherig:
‘today……yyyyy…
I ammmm..mmmm. the luckiest dinaaaSour
Walkinggggg the face of the planet….echo echo…I am being….g
Driven….from my quasi-home of boise…e… more echo…..by bullies…under the colors….rrrrs
Of false Authority……retribution by Gov Otter and his cronies not crownies…
1♡….give the peopleeeee what they want…and Justice for all….RooooAR…exposes teeth..big1s.
the sunnnnn also rises….there is always a bigger dragon….(smoke + fire out of nostrils)….tucks head and wings….turns red..m…returns to duty…flys over a few blocks… checks on Jamie choking on cancer treatments on a Friday night. Karma is earned….circular…and well…..tides shift. HRM hates to be embarrassed. ….as The Dragon Family has sealed…..watch the fireworks from a safe distance. ….. wait until the hancuffs come out…. Good Friday to all….777
“Did the Other Shoe Just Drop? Big Banks Hit with Monster $250 Billion Lawsuit in Housing Crisis
Posted on July 16, 2014 by Ellen Brown
For years, homeowners have been battling Wall Street in an attempt to recover some portion of their massive losses from the housing Ponzi scheme. But progress has been slow, as they have been outgunned and out-spent by the banking titans.
In June, however, the banks may have met their match, as some equally powerful titans strode onto the stage. Investors led by BlackRock, the world’s largest asset manager, and PIMCO, the world’s largest bond-fund manager, have sued some of the world’s largest banks for breach of fiduciary duty as trustees of their investment funds. The investors are seeking damages for losses surpassing $250 billion. That is the equivalent of one million homeowners with $250,000 in damages suing at one time.”
THANK U,TREV:-) & I 100% agree,I know I’m getting the run around,but I’m OPEN to all info to propel me on ”right path”i will use your info & thank u so very much for responding:-)
Angel. ..after this weeks puni awards…hey $16 million is not so small…they will be coming out of the woodwork….the lawyers….the + 1s and the – 1s…. blood attracts sharks and Orcas…you need the latter. My point is this….you will likely not find a KY Mortg Def Atty per se….you may need to convince a strong….courageous. ..progressive Firm or indiv….that you now need results…action…you need a professional to cut against the grain so to speak…..you may need a RICO shotcaller/atty….you may find one who used to prosecute white collar crime…..be open to all possibilities. ….copy your Atty General…even Red states are turning purple…the smart money that is….you think QE would tolerate fraud w her holdings??? Banking fraud is bipartisan. …handcuffs and financial settlements don’t care about your political affiliations…a hole in the bucket hurts everyone….again…be open to finding a 20 something…freshly minted JD…with integrity…w a desire for truth….justice…and the (new) American Way…you need fearless representation. …ask the Dean of Univ of Kentucky Law Scool for a couple names….recently barred….w integrity <—— key. In the MLB…Mike Trout went from rookie…to rookie of the year…to MVP….$100k to $100,000,000 in a few seasons…you need a Mike (or Michelle) Trout.
Hope these esoteric words at least make you think….good luck in your search. Keep us posted. Hitchin posted….Trev.
Goodmornin:-) I’m in DIRE NEED of knowledge!!!!!Who is the BEST mortgage defense lawyer in ky?I have a lawyer that is sitting on my case,2years now,he hasn’t challenged anything,filed no motions,,stringing me along I need to END this nightmare:-) Thank U in advance 🙂
It doesn’t have to be in ky,just able to practice/defend me in ky,I missed NO PYMTS,Never requested loan mod,I’m dealing with Bank induced default from forced placed ins
Hi Bobbi yes it’s called first look where no investors can bid and any realtor has access to these listings through MLS. Realtor .com also list Fannie maes on their website. I have bid on a couple during first look and it is very shady. Closed bidding. Definitely not what most of us would refer to as arms length transaction. Thks
Where can I read about Yuba case. The banksters continue on with their illegal acts and manipulation. They are packaging rental payments as securities now same as they did with mtgs. They r out to steal as many homes as they can. As long as these big banks can re invent the wheel to make money. They do not care whose lives they ruin. Watch what is happening out there once the homes are taken over by Fannie or Freddie.
oh no you did_unt…….
Rust Consulting…..IFR. . .was neither independent nor was a Review ever conducted. It was Act II of the MetLife + 12 Banks Chinese Fire Drill….we waited YEARS for justice…..years…most recvd $500…..but they fn lead us to believe we would get a ‘review’ and that it would be ‘independent’….afterall…it was a consent decree from TX based Dept of Comptroller….The Eagle….We the People….the survivors of Snoopy’s fraud…we waited for Justice….it never came…’the calls were coming from inside of the house’ so to speak….remember….Boise’s Mayor Dave Bieter has a brother….the Judge in my case….he dialed in and awarded it to FretLife on a Summary Judgment. …..now…back to the Chinese Fire Drill……as Rust Con.slut.ing was whoring themselves to the Feds….but only acting as a ‘payer service provider’….the real cons were the Big Four Consulting firms …..paid to review and ‘bucket’ the abuses…..think circus act gone v v wrong….remember. …we are waiting for checks….trying to fn eat….trying to NOT live on the streets…..we won Justice…..but in the end…many of us felt insulted by the miniscule payments…and the wanton and reckless process. …Rust..Mr. Potter…C-uh-oh….should be arrested….for fraud. Dont get me started on Rust Consluting…..cuff and stuff them all….start w Kandarian and Diamon ….. traitors to the American Dream.
Yeah they watch us….but we watch them….1♡. Never give up…never ever…ever said trevor!!!
777
Hey Boehner’s suing the President. Let’s class action them both along with Bush, Dimon, Murillo, Foreclosure Phil, Gheitner…etc etc…we’d never win but would be an awesome complaint
Ok uh duh me, just never recognized abbreviated, yes and if there had been independent foreclosure reviews, more people would still be in their homes and of course this would have exposed the banks illegal activities like the latest settlement with Chase where they breached implied and expressly.
The problem is we treat it like ancient history like the media does. Sen Warren even threw us a bone telling the banks they needed to provide information on unlawful acts if people went to court. Wonder how many people have brought that up.
Completely agree and I will let everyone in on this. When Fannie Mae list the properties that they stole from the old homeowner a lot of these transactions are not “arms length”. It’s supposed to be a period where investors cannot bid and the bidding is only open to someone that must agree to live in the home for at least a year, but this does not always happen. I watched a realtor purposely not advertise a property during the buyer period and now it is open to investors. The RE listing agent has some connection with banks to get the listing from Fannie or Freddie but they are definitely not selling these properties at arms length. Very very shady dealings in florida
BOBBI SWANN
July 25, 2014 at 10:26 AM
Where did get your information on the selling of Fannie Mae properties? Fannie only uses their website: http://www.homepath.com to sell properties. When there is a sale of one of their REO’s they convey using a Special Warranty Deed that specifies that the purchaser cannot SELL the property for a year. Fannie has always opened all of their REO’s to owner occupants and investors. They have several different means by which they sell their properties so I would suggest reading their site (above). ALL properties are submitted via this site and not direct to a Realtor. Never heard of this ‘buyer period’ but they do have a ‘first look’ period where Fannie will pay a portion of the buyer’s closing costs when the property first comes on line.
Hi hammertime. This class action was more about breach of contract and damaging our credit and stringing us along and chase continues to do it. They basically lost and had to pay but also we r supposed to get new mods and they r supposed to do away with fees and hopefully the back interest. The National mtg settlement addressed the dual tracking. I got 500 , big deal. In Ca. This settlement should be recognized. This state was one of the main players. Florida. Not so much and there was only one family and they settled before and basically opted out. I am not sure how I came to be part of it. I know I made a lot of complaints after the first breach and the lawsuit is for plaintiffs seeking loan mods prior to 2010. That’s how long I have been fighting chase banksters
Hi Lms, the NMS really addresses alot more than dual tracking but media, lawyers, politicians only focus on one or two things like dual tracking and single point of contact and we ourselves repeat it. The payoff by the IFR was only one component that remember was corrupted by Chase only giving files with less than 1 pct problems while HUD had found like 99.9% problems or something outrageous like that. If that settlement worked for people fine but you may give up other grounds such as broken chain of title or fraud like the Yuba case. Then my understanding is that Chase and other banks are manipulating servicing to get foreclosures going which David has focused on as an issue there in your case. It seem they want to foreclose and that way not have to abide by the settlement? Even if they won’t listen since they have blinders on we need to keep challenging what’s going on. Beyond that if you guys shared your information you could have a good perspective on what’s going on. If we all put the effort we could show the manipulation is many forms and ongoing and we’re not just whining or deadbeats etc. That Yuba case and Garfield’s comment says it all but no magic bullet or formula; we gotta focus on the facts not just lash out. Hope I’m not lashing out! lol
That’s what I think is happening in the local court. I think the banks attnys r paying off defendants attnys and if u have one. You have to watch every move they make to make sure they r acting in your best interest. That is why I am hoping the chase settlement can link to the local court because that class action lawsuit explains every dirty trick and illegal, unethical and fraudulent thing they have done to try and steal my home and it will be exposed
Marilyn you do what you have to do. The world is filled with trickery and deceit. These times we r in r wicked and we have to survive the best we know how.
Bobby, you misinterpreted what I said about judgment reversal. It wasn’t my case that was reversed it was the bank I am fighting-their case against the government that was reversed.
And it is the bthat bank that is hacking my computer my home phone and cell phone. But I still have no doubt we are monitored. .
Without a doubt we r monitored. In the beginning I had no problem. And then after this became a pretty much daily site for me, problems began. I don’t have the slow or skipped typing any other place
Bobbi. Which settlement are I referring to? Yes the national mtg settlement has not benefitted anyone. It really has been a slap in the face for the homeowner. I am in fl and the chasemdlsettlement was a federal case and I am using it in the courts locally to cease my foreclosure action. Federal court decision should trump the local court.
That’s funny just as I was answering you the site slowed down and crashed. Just paid my internet too! Local govt and those who were hurt less or not at all ad got their mods benefited. It’s not the settlements though if you look at language except if Bobbi has some specifics. In CA they are saying since the language said agencies could give aid to homeowners OR go to non-profits or possibly just other government etc then it was ok to ignore homeowners by law. That’s where CA Brown is getting sued. The other thing is the agencies, lawyers, judges think it’s only about dual tracking when it’s alot more and gives people homeowner bill of rights even if state doesn’t for the banks, states included. I would still include or make complaints. The other deception banks are using is that since they paid in IFR then that’s it. We can still make complaints through this year and they need to comply. The real slap in the face was the IFR. We should be asking for investigation on both or challenge them somehow.
Lms53
July 24, 2014 at 4:06 AM
What is the IFR hammertime?
hammertime
July 25, 2014 at 1:16 AM
Independent Foreclosure Review, the Rust consulting fiasco
Bobbi doesn’t see what i see. If one attacks someone foreclosed on with identity fraud or credit card fraud our energy get divided and we give up. Not me I’m a fighter I’ll go the credit card and identity fraud alone. So I won’t bother you Bobbi with what I am seeing. fighying the bank is enough sorry
Yes hammertime. This website is a daily reading for me. I wonder where Tom has gone. We all know how much daily life struggles are and on top of it all we have to further struggle to keep our home It’s good that we all let each other know what Is going on with our individual foreclosure issues. I felt like the chasemdlsettlement would help my situation out until chases attnys tried to speed up my foreclosure so they can null and void me from the settlement benefits. We all know here that these banks tears have many very dirty tricks up their white collar shirts and they should be charged as career criminals because there r no signs of them stopping their illegal actions mainly theft to steal homes
it’s called sun setting precedence. … jury likely made up of 99ers…you know…folks like us. . . honest…god loving Americans…tired of the fraud. Great News and thank you for sharing…..angelic. For all the $h talking I do…nice to see the chips falling…thousand(s) more juries/victories to go…like dominoes. Timber!
“Yuba CA Jury Awards $15 Million in Punitive Damages
by Neil Garfield
So let’s say you are thinking that those deadbeat borrowers are just trying to get out of debts they owe. And to spice things up the borrowers say it is the bank who screwed everything up, not me. And you laugh at their pathetic attempt to save face when all they do is spend money doing nothing at all to consider whether they will have enough money to pay their mortgage payment to whoever is demanding it — because why would they demand the payment when nobody else is unless they were the creditor and how badly can a bank really screw things up?
Oops, that borrower just got $15 Million in punitive damages for their $500,000 claim against PHH. So what are they now? deadbeats that are rich and don’t need to worry about mortgage payments?…”
As an example I’m all over this stuff every day, when I’m not battling Chase and every other attack on me, but I had missed the Kalicki case where Chase was caught committing outright fraud on a WaMu loan almost 2 years ago but Dave sent me the link which I had missed or he helped reinforce it. Either I forgot about this case as the only reason it came up was the loss of over $200,000 in attorney fees Chase appealed. Along with all the other lies the mainstream and our officials can’t ignore this and say we’re internet crazies.
Almost missed the main point. I’m using this case along with more of Chase’s own “mistakes” with my local officials. Chase’s NPV chart had my property with a $10 value keeping in mind they made me a $500k forgiveness bogus offer. Although they say it doesn’t mean anything it appears to have gotten attention from people. Then there’s the lawsuit of City of LA against Chase while I live day to day with $15k in rent the City should have released since December. Then there’s the CIty’s lawyer….will be a chapter in Trev’s book but I’m working on my own novel. Eric, Kamala, Jerry where are you? Will be working on some good hashtags.
This site still serves a great purpose and it needs to be a combination of fact finding, information sharing and social media or we’ll all be on an island. What value will it be for those of us that have been able to defend ourselves to “win”? On the other hand talking abuse without taking action is like a victim codependency. Not aimed at anyone. There are still possibilities as Trev, David, Tom and others have put forward but we need to be able to back up what we say. If people won’t participate on a group effort scan in your docs, remove names and put them on a free web site and link to them and we can back up any complaints. Otherwise there could be bank trolls just muddying the waters with little effort.
Hammertime, I agree wholeheartedly and yet at the same time the laws of foreclosure vary from state to state where there are gaps in federal laws the state laws supercede. One post does not serve the mass on this site. The foreclosure laws here in Florida are so extremely different, let’s say, than in Georgia. Many laws have been passed within each state authority with regards to foreclosure prevention and process that it’s nearly impossible to know what is going on where. It only muddies up the water when the site strays off on personal issues that have no bearing. Has not anybody noticed the amount of posts by the owner(s) of this site? It’s just become too much of a ‘social’ site for TMI that has nothing to do with facts or ways to help with battling foreclosure defense. When I have to scroll through 20 posts to find one of importance it is a real shame. That is not what Michael Redman & Lisa Epstein wanted when they put this together. So now, I rarely put a post up or comment too much anymore. I am a fighter so when someone ruffles my feathers I am going to speak my piece.
hammertime
July 24, 2014 at 12:19 AM
I see what you’re saying but it’s kind of a chicken/egg situation. A message board has it’s limitations. On the other hand the foreclosure process has been so corrupted whether judicial or non-judicial etc the human element is necessary along with the nuts and bolts. The key is to be effective. My hope was to have the file sharing site compliment this board while it could also be expanded. Last 2 months have been non stop though. With a full content management system (CMS) people can have private conversations, vent, and we could decide what gets out there as a group and manage membership. The simple postings I was suggesting can be searched by key words. I’ll try to revive but may need to work on some ideas along the lines of what Trev, David, Tom have been saying. It may have been difficult to get going because I did want to make sure people can document what they’re saying. May not get a million members but it would be tight. We have about 5 or 10 extreme cases on here, possibly from Chase alone, if we can verify them.
In the end the laws and settlements are being manipulated so as to make no sense. These cases are cracks in the facade. On the other hand, individually we learn by what we all are going through even if not “legally” applicable but hopefully we build the group identity we need to push things along if we believe in our democracy that’s under attack. The simple act of questioning a bank with 100 yrs of rep and their shiny commercials was prob a break through for many and hopefully we band of merry men/women are representing who knows how many that are reading this.
BOBBI SWANN
July 24, 2014 at 12:47 AM
Hammertime – Understand about the chicken/egg ideology. In my fight against Chase as well the settlement did me no good at all as it hinged on so many ‘ifs’ and ‘buts’ that my case did not fit. I’ve written the OCC Treasury for a FOIA request relating to the formation and merger of Chase as I believe it was not properly approved by the appropriate depts of the government regulators. That letter was sent On May 19th, with a confirmation from them on June 2nd. I have yet to receive the requested information. I wrote again and now they say I should receive it within 24 hours – yea, we’ll see. If that information is of any use for anyone else questioning this area I will be more than happy to share it. You would be able to see my point in the request from the original letter I sent to the OCC. If my point is made it would mean that the Application to merge Chase Home Finance Inc. and Chase Home Finance LLC, both of Iselin, New Jersey, into JPMorgan Chase Bank, N.A., Columbus, Ohio would not be legal. For them to foreclose under that name would make it null and void. Chase has since sold my loan in foreclosure to PennyMac but stupid is as stupid does and they never re-filed; only added PennyMac. In essence, the ball is still in my court and this has been going on since 2006. If anyone out there recognizes the name John Cox with Chase (in any capacity) I would certainly welcome the information. This is the person who signed the assignment but there is no notary and no other identification. I am trying to prove that he does not exist. I wish I had more to offer others out there, but for now it is only help from the standpoint that giving up is letting go of our rights!
hammertime
July 24, 2014 at 3:15 AM
That’s really interesting.David is digging as to the Bear Stearns part and I’m looking at the WaMu irregularities that may be worse than the Kalicki case. I have some documentation that could be of interest as well. I don’t want Szymoniak or other whistleblower pros to take advantage of our situation if we’re on to something. You can contact me through here http://teamupsignup.weebly.com/
You have prob described your issues before but it’s only now crystallizing with these recent cases and the results I’ve gotten and talking to David. Unless we make it a rights issue they’ll twist things and get away with it and pay off the lawyers, investors, whistleblowers and the handful of homeowners that can afford to go through the complete, court battle.
To the extent we have though we’re seeing changes esp from when they were locking out veterans and seniors. Although still happening in “kinder, gentler” way most likely.
your mixing up apples and oranges. What goes on at this REIT has nothing to do with Foreclosure.
i looked on the internet for a rental that takes pets. Looked okay to me. I had no idea the leasing agent who was a very pleasant gentlemen was a two time felon for credit card fraud. After I discovered that I changed my bank cards and always paid my rent with certified bank checks. I was safe and secure till someone came into my apt without breaking any locks and stole all my bank statements. dept store statements, tissue duplicates of the bank checks bank etc. I immediately notified everyone. all numbers, and the bank told me that is a sign of getting ready for identity theft i have no money in my account what would they use it for . identity theft and credit card theft are a fast growing crime. and there is a nexus between the rental the leasing agent here. and hia felonies. one has to be a dodo not to pay attention.
Again, under most leases the landlord has the power of entry into a leased space. If you feel that you are being robbed of your personal belongings such as the bank statements, etc. why don’t you scan them and put them on a memory stick or open a safe deposit box at a bank and keep them there? Technology today we don’t need paper anymore and it’s really not safe to keep them at your home. If you do put that information on a memory stick just make sure that you make it password protected. Put it in a locked metal box. If they break the box then you have fingerprints….all you have to do is be more pro-active. I’m done.
Bobbi
I cannot imagine why you would think these sites are monitored by both the good guys and the bad guys.
I know as a fact that my computer, my house phone and cell phone are hacked and in my case my writings to the Federal Court, bringing attention to a banks fraud made a winning judgment for the bank be reversed and they lost a big number and i guess they feel anything it cost them to go after me is worth it.
Well Marilyn all I can say is that if you indeed got a case reversed I would think you would post all the particulars on how you did that for others to be able to use, if possible. I would also imagine that if you are using your ‘real’ name it is quite easy for anyone out there to google it and find all the posts you have made. That only makes it easier for whomever you feel is hacking you if you leave little breadcrumbs for them to follow.
You have to really read that is true. When they tried to give me a lousy modification with an added 100k on the deferment portion of the loan and there was also a rental clause that if I decided to rent out my home at some point that it would null and void the modification and I would have to immediately turn over the lease and any payments to chase. They could stick it where the sun don’t shine. They are legally bullying us. Since when does any conventional mortgage had terms in it that you can’t rent your home only that you have to maintain it. I told you they are trying to squeeze out the homeowner. They r bullying us out of our homes. THIEVES there is no other way to describe them
bobbi
Its not paranoia its paying careful attention.
This REIT has a carefully worded and manipulated 23 pages lease which included their rights for the third party billing of utilities of heat, trash, hot water, sewer and some other things and if you object to anything in this adhesion lease you don’t get the apt.
I already went to court wirh this REIT and they were forced to offer me a lease.
I noticed on the last page of the lease it stated if I failed to Fulfill any terms the leasing agent had a right to place a lien against me. and if I insisted get your name out of their I wouldn’t have had a lease.
Before you state anyone is paranoid you have to know all the facts. ny does not have licenses for a leasing agents but should
lets hope the tides are turning. david franklin, I made complaint to consumer protection re: chasemdlsettlement and how chase basically lost and are speeding up the foreclosure process on my house so they will not have to honor the settlement terms. got a call from the chase exec office early this morning. there has really been nothing said about this settlement. Chase is trying to sweep under the rug and the beneficiaries of this class action lawsuit, they are trying to ramp up foreclosure because in the settlement terms, it states that if they foreclose(summary judgement) on you prior to invitation letter being sent out or they transfer the servicing of your loan, you will no longer be a plaintiff to the settlement
Write the judge robert a stearns at us federal district court in
Boston ma give case no tell him u r in settlement anchasr is foreclosing anyway
Ask him to take jurisdiction and order foreclosure stopped
Give hom your loan number chase rep name and address and phone nimber and chase
Attorney name and court address and case no where case is being heard
Ask for enforcement of his order by us marshall service on tje judge
This Country has changed so drastically it is almost unbelievable that it happened BUT THE TIDES ARE TURNING and somethings can never be undone like loss of life and
intentional illness BUT they will get theirs. some are getting it back already or they wouldn’t be such miserable characters. they need more more more cause they are so empty.
TREVOR i feel for you and your doggies
‘MetLife Rape’….they coordinated 7 yrs of misery…perjured themselves…violated my trust in American banks…Attorney Generals…broke trust between myself and the Mayor…had Boise Police nearly taser me…and lord knows what else would have happened…RICO activity. …stripped of my Property….my Rights…my credit…my dignity…yeah raped. American Home Mortgage did it too…they stole my second home….the one I had paid tens yrs on….gang rape. We will prevail….as of today….the cosmos shifted 100% in our favor…think of it like the point after the hill climb….at the zenith….pause….notice gravity…ahhhhhh…the shift…. look how UCLA arrested two of its own this week…for me this is an indication of a pivot point….redemption is on orders….ours. hope that clarifies…..the Courts will be owned by those left standing…..avatars are at work…to counterbalance the fraud…..watch the NYT….2014….2015…2016.- 2020…..judged…c-uh-ohs…banksters….local attornies w red ink on their hands…..all going to get their clocks cleaned….big time. Enjoy!
Trevor David Hitchin Kaufman
July 22, 2014 at 2:32 PM
Correction….’Judges’…Bank Execs…..local huckleberries. …these untouchables are now getting ‘touched’….. also….fyi….my Ithaca Rose Kennedy. …♡s beef hearts….raw….cooked…either or. $1.99/lb…full of nutrients. …ask your butcher….loads if protein and iron…..2x as much as dry food….10X better for her….Woof!!!
It is MK Ultra and Gang Stalking…you need to leave that vortex….I lost two gorgeous service labradors…(my kids)…to the MetLife rape….take care of that dog…then move!!! You have a resource now…I am sorry for your pains and yes I believe you….the mountains are your best bet….for the dog too….only spring water. It is the great spiritual battle being played out….star wars. Red meets blue….purple….or black. Our choice…
Marilyn I hope your dog gets well soon. If u feel in fear of ur life. U should leave that place. Find a room in a home or get a roommate. Plenty out there. The landlord is a bully. All of us don’t need any more aggravation than we have and the world is full of desperate people who will wreak any kind of havoc on a person directly or indirectly as we have seen. Trevor. I hate to read that u spent that money and lost in the end. My house has been sitting with no upkeep done to it. If I lose my home, the bank can have it with the termites and the other work it needs. Also I would like to sue the city for the mosquito cesspool (unfinished pool) I have been living next to for the past 4 years
I just brought my dog home from the hospital yesterday so i;m busy for the moment but she is improving . Doctors don’r always understand what can causes illness but they did a wonderful saving her. and some of my thought are hard for them to believe.
its like seeing an old woman with a cane walking down the street and someone intentionally trips her but saying she’s old, she would fallen anyway.
and yes…”I could ab’use’ one of them”…from this…the Batphone. Bite back…you have a dog in this fight…a very mean dog…..a dragondog…a ‘zilla waking up….send me your ‘shorts’…hemingway style….Published as ‘Jumper Cables’…..each page contributed is a %…..send me 10 pages….I put it together…..make sales….end order fulfillment…reserve for taxes….pay staff….send YOU your cut…you 10% of a 100 page book…. September 1, 2014 launch…. send me your copy….ill send you a check when it sells…. 300,000 journals…..$7.00 a journal……$2.1 mil…. x .10 = $210,000. . . less taxes…..you go Buy w cash a better condo. . . flip the tables….if not now….when?
Bill Black is so right. The more you look the more you see.
Aside from the financial riboffs, there is a sadistic nature to the people who joined
the bad guys of this massive fraud. I see it in the nature of the attorneys, and the judges who made this happen to our country.
I am again seeing it in the people running my REIT, from the leasing agent who has two felonies for credit card fraud and how he is the one who takes everyones social security numbers and all the renters financial information .
I see it in the tenant they put in below me that has a very sadistic nature, IT IS THE TENANTS SADISTIC NATURE THAT MADE ME NOTICE and start checking his background
It is the same sadistic nature I saw in Christine that made me notice her. It is one thing to fight back against your enemy but entirely different to get pleasure in hurting and joyous in ruining another persons life. Look back into the players that have interfered in your life
And you can separate those with a survivalist nature and those with absolute meanness. I hope to get my properties back if these two the leasing agent and the tenant downstairs don’t kill me and my little dog before. Now that all my financial info and social security have been stolen they have accomplished the first part of their plan and that is to steal my property I have fought so long and hard for.
When I came to this REIT I was very much into the fight and would say to everyone I will get my properties back. And my mistake was saying it to the leasing agent cause when I said it to the leasing agent he said “I could use one of them” and his attitude since then was to get a lien against me .
Ms. Lane:
Sadly I know exactly what you mean…the sadistic ‘you meant to rob me and steal from me….and hurt me attitude…’ I saw years of it here in Boise….its like finding yourself watching a preview for a Lions Gate movie…you know…one where the town goes cuckoo and one person is sane and fighting alone….only to find ‘the calls are coming from inside the house’….one of those. I have it here too….and so that you don’t feel too special/isolated….here are my first 7 ‘shorts’….all true…no lies…They do enough of that for us both:
1. Vice President Tony Francis used to yell at me on his speakerphone. ..mwith a sandwich in his fat mouth….chewing his food ‘Treeevah…..why should you get a ‘sweatheart deal’….why should you get a second chance……’ Fat Pig….11 months we played cat and mouse….while waking up to the horror…(see above)…that in ’91 my soul was taken….arms n kegs too…so Shirt Story 1 is Tony Francis formerly of First Horizon….then MetLife Home Loans….now Greentree Financial in Houston. I have ‘000s of minutes of recording s of our 50-75 phone calls….He was the one who offered me a loan mod on my primary…..down from 7.5% to 7.0%…after 11 months of b.s…..the Same Tony Francis who then got canned from MetLife and cost his colleagues their jobs….all 4,300 of ’em….THAT Tony Francis…..I am going to edit the calls….print and distribute the text…..in the journal-sized hardback…..yeah…that kind of evil….Story One: The Dastardly Tony Francis…..the day I learned to FretLife.
2. Then some hormonally imbalanced C Rate chic w a huge ass….from Realty Royale enters the picture….im in a neck brace at the time…..she brings some thug with her to threaten to break my neck …… she’s going to sell my house out from underneath me….for the bank….after her hitman tries his best (he did not know ‘some things’….wink).
So Story #2…..I will call it Realty Royale w Cheese and Crackers…..(they were both white trash)…..not to be confused with a beaten royal…..there was blood in the water….mine. Fas the fwd….yes….she was reported to the Real Estate Commission. ….no I am hardly done w cleaning up THAT hot ‘royale’ mess…..no I did not shoot the thug….but like Forrest in ‘Lawless’…..when he meets the ‘Nance’…..I wanted to…..
3. Keep in mind I spent $50,000 of my Roth IRA…life savings….to save that house….it had been abused…..I spent 3 years ….3 winters freezing in that house…..no heat….0-40 degree winter days…..rebuilding…..doing the right thing….staying to rebuild….w splaid arms….legs….no vision…..no breath……new walls….electrical….new hardwood floors…..5 x 14 ft beams….new roof….new tresses. ……I was proud to say we made it……we saved her….then they stole it……again….FretLife did not know who they were robbing……I kept saying…..’Tony..you will regret this……I do not lose fights…..you will regret this in time….you are robbing someone you do not want to…..’…..he kept fn laughing….’Treeevah…..why should you get a deal…..?’ More to follow……the message: buy a gun Ms. Lane…you’re not alone in the war…..ww iii…..and you would appear to be in a lousy/dangerous living sitch….kinda like me in boise…..living next to two rental units where both tenants are in prison…..drug house behind me….City Owned AA House…..a pill poppers paradise…..Mayor Bieter wont do a fn thing about it…..which is reason number #21 why City will be sued….why OIG in DC was contacted….why Boise City has been exposed…..for the corruption. Dave’s brother Christopher was the Judge in my case w FretLife…..he dialed in 20 min l8….awarded it to the bank…..THAT audio will be in my (our???) Series as well……pure fn entertainment/horror.
Chin up….if you are threatened. ..call me 1.208.703.9525. You might say I have familia everywhere. …in your hood too. Usually a kind intro is all that is needed….a ‘buenos noches’…if you want to call it that. Have hope….I know its hard….we / you have help now. 777
Marilyn – how do you propose that the leasing agent could steal your property? Having your personal financial information will not garner them any kind of lien against you. Only your landlord (REIT) has the power to place a lien against you for non-payment of rent, destruction of property, incarceration, or skip. Even if there was a lien against you that does not transfer to a real property. As of July 2013 in the state of Florida all leasing agents have to hold a real estate license. That would require a background & criminal record check and license issued by the Florida Department of Business and Professional Regulation (DPR). If you honestly think he has this record you should report it to the DPR if you live in Florida. If you don’t’ live in Florida I would suggest you check with your State Attorneys office for clarification. Certainly parenoia will not help the matter to try to guess the basis for someone’s actions.
Bobbi
.
Its not paranoia its paying careful attention.
This REIT has a carefully worded and manipulated 23 pages lease which included their rights for the third party billing of utilities of heat, trash, hot water, sewer and some other things and if you object to anything in this adhesion lease you don’t get the apt.
Furfill any terms the leasing agent had a right to place a lien against me. and
I already went to court wirh this REIT and they were forced to offer me a lease.
I noticed on the last page of the lease it stated if I failed to Fulfill any terms the leasing agent had a right to place a lien against me. and if I insisted get your name out of their I wouldn’t have had a lease.
Before you state anyone is paranoid you have to know all the facts. ny does not have licenses for a leasing agents but should.
BOBBI SWANN
July 23, 2014 at 11:12 AM
Any lease has the provision added that if you don’t pay they can take you to court and get a judgment/lien against you. That is commonplace as well as taking all your personal financial information when you apply for an apartment whether it’s with a REIT or not. The paranoia I am referring to is throughout this site. There are hundreds of sites just like this one on reporting foreclosure fraud and the like. I highly doubt that every respondent on these sites are being ‘monitored’ and their personal computers being hacked – that is just beyond all comprehension as they don’t have the manpower to do that. In fact, most of the time when there are problems with computers it has nothing to do with the government, but more to do with protecting your own personal computer from viruses. Viruses and PUPs can actually block you from communicating with the internet, slow down your computer and destroy it from the inside out. Even OES systems like windows XP does not have any support any more so makes it more vunerable. It’s like anything else, technology moves forward and if you don’t move with it you will suffer the consequences. Even windows Vista will be eliminated within the next year as well. I used to see posts from several different attorneys on this site and none lately. Ever wonder why? Instead of trading useful and vital information it has become a ‘social’ networking site very similar to Facebook – useless information. I’m pretty sure that Tom and Lisa never intended it to go down this road and I feel bad for them as they put a lot of time, effort and money into this site when they started it. That’s my 2-cents!
I guess my only response to what I am seeing going on here is, when did this go from being about foreclosure to REIT violations; after all it is called “4closurefraud”….as for people’s paranoia, I am with you…I have been kicking the banks butts for a while now and if they are “spying” on these sites, who the hell cares when you have the truth on your side…Love your comments Bobbi…keep up your good work.
thanks hammer
sent the ombudswoman my letter complaining about my complaints like others being put in the trash by their personnel as those complaints are about chase.
Dear USCFPB Ombudswoman Ms. Wendy Kamenshine:
I am writing to file this complaint with you. I and my attorneys have written to Ms. Petraeus and Mr. Cordray
about all my mortgage problems with chase servicing of it and new loan origination without my permission.
I have or my attorneys have filed separate from website filing at uscfpb.gov website many many complaints about jp morgan chase as have many of thousands of others.
I am a permanent and total by the U.S.V.A 100 disabled veteran with individual Unemployability. Some of my complaints were never processed because someone in your agency either designates them as duplicates or just sends them to the Federal Trade Commission. From which there is never any response whatsoever.
In one instance, four of those duplicate complaints per my phone call to your uscfpb call center on the letter I received and or email, was handled by resurrecting those duplicate complaints into a combined new complaint that was accepted for processing and transmittal to JP Morgan Chase. In a short period of time, that was reversed and the complaints were never processed and subsequently they were sent to the Federal Trade Commission graveyard for burial.
Now this is happening again. and I have been getting reports from other chase victims that their complaints are not being processed either by the uscfpb or erased all together. I do not believe that in my case or in the other case previously mentioned, that this is the proper procedure to handle complaints and I ask that you and Mr. Cordray and Ms. Petraeus and the new Deputy Director see that this is stopped immediately
Also, it appears that many of my complaints have not been published or listed in the complaint database or included in the reports to Congress.
I also find that objectionable as well.
although it is a great idea per Mr. Cordray to publish verbatim actual complaint as proposed, that assumes they are not put in the trash as many of them are allegedly being trashed right now.
regards
David F. Black
360 772 5617
blackvan@Hotmail. com user id on uscfpb.gov website
matter regarding chase.
PLease see to it that all duplicate complaints and allcomplaints sent to FTC are resurrected processed and case numbers assigned and sent to chase. the last four complaints filed two were designated as duplicate for case numbers allegedly filed in the past but they are not even in the database under my name or user id in online database of my complaints.
my new uscfpb complaint. they are asking now about mortgage discrimination as in predatory lending which sub prime mortgages are in violation of the 49 usc 24 cfr Title VIII Fair Housing Act
Describe what happened so we can understand the issue…
JPMorgan Chase, N.A. of which I am a stockholder and mortgage holder is stonewalling and refusing my U.S. Federal Law ie RESPA Qualified Written Request for information pursuant to my mortgage loan.
those RESPA requests include
1. a printout of all mortgage statements for two different loan numbers starting with 0020927364 and 1024616526 both first trust mortgages. the 102 loan is a loan that I never applied for. the missing mortgage statements are from june through sept 2008
april 2011 through feb 2012 and dec 2012 and jan 2013. there is also a second trust loan missing statements from june 2008 through October 2008 all of which chase has told the Washington AG office in Olympia WA to get lost and refuses to produce these m ortgage statements to me and my attorney mr rick potter. they have refused his requests as well. these statements are required by federal RESPA law for an ARM loan.
2. my RESpA request has also included demand for all loan docs for the loan starting with 102 since I never applied for it nor approved it. I have no loan docs forthis loan which I never applied for or approved of. I request assistance from uscfpb to get them.
3. I have no official RESPA required official notice of this loan I never applied for from chase.
4. I have requested per federal RESPA law for all low level accounting data for my loan and all memorandums correspondence chase lawyer bills for this new loan in their mortgage servicing platform
5. per federal RESPA law I have a legal right to know what mortgage trust this loan starting with 102 is deposited into and the MERS number and the name of the investor of these loans. emc chase gave me all this info for the old loan number starting with 0020927364 but now chase is stonewalling and denying my request for this info on the new loan number which they are required to five me per my valid QWR RESPA request for that information. chase claims they own this loan but the investors for a second time via the New York AG Eric Schneiderman is suing chase emc bear stearns trusts for continuing to defraud them as chase allegedly is doing with me.
6. Chase refuses to conform to the original promissory note which requires my loan to amortize to zero staring may 1, 2013 with part of my payment going towards the loan balance. they refuse to do that and gouge me for interest only which they nowhave programmed into their computer allegedly to be interest only until 2037 with a balloon payment of $ 313,000 due in 2037. I never signed up for a loan like this and this new loan was originated by chase in april 2011 under camouflage of a loan transfer with higher interest rates and loan terms that violates title 12 of us federal banking law and did so to millions of bear stearns loans and others in violation of federal law allegedly with no notice to homeowners like me.
chase also denied me my hamp I loan modification after initially approving me through my mortgage counselor kevin gillnetter and carlos Garcia at community housing resource center in Vancouver wa a hud approved non profit mortgage counselor.
so now I am paying on a mortgage I never applied for that was originated by chase and all my mortgage payments and escrow funds are allegedly being stolen by chase personnel while this new loan is in loss mitigation. with no mortgage statements and fraudulently prepared escrow accounting.
the original loan was conceived in fraud by emc chase underwriters lying to me about the predatory nature of the loan package of first and second mortgages in a five year option arm 80 / 20 loan that has undisclosed interest charges pursuant to TILA law mandating that those charges be revealed. those charges add up to 3 percent interest rate to the loan over its thirty year life .
Which part of the mortgage process is your issue related to?
Desired resolution [Edit]
What do you think would be a fair resolution to your issue?
full restitution of me and refund of all mortgage payments since may 2007 and voiding of this new loan since I never applied for it and have mr watters ceo of chase mortgage banking direct mr rob malloy of chase bank here in Vancouver wa to show up at meetings with me and my accountant/ lawyer team which he did not do in april, 2014 after firing Kelly mathers v.p.of chase bank who did talk to my attorney and accountant.
we are definitely being monitored, either of my post from yesterday did not show up. We are smarter than they think. I still have a few tricks up my sleeve.
I understand that not allowing you to post syndrome. I have hackers on my computer, cell and house phone. Sometimes i can get aroundit by going to a library.
Trevor.Thank you this skill came to me by necessity after seventeen years of fighting against against a bridge conspiracy of revolving crooks.What i have learnt is when you keep quiet the crooks don’t attack you BUT in their fight back against us they bring themselves out of the woodwork and you get to see who your unknown enemys are.My tip to everyone is press in to the computer every phrase , every name that shows up in your case and you get help in fighting your enemy including judges, bankers and attorneys .
I like your idea and that book to us could be like the foreclosure book written by the banks except for a much better cause.
here is the evidence of my complaints being put in the trash allegedly under guise of duplicate
chase has not resolved a single monetary issue with regard to my complaints and never addresses the issue in a signed under oath of accuracy and truthfulness nor signed by a chase executive and just does the denial thing since your agency opened.
I do not agree that these are duplicate issues and as I have told you before there are multiple people who have testified to me in writing that your agency is either erasing complaints against chase or sending them to the FTC graveyard and are never processed and sent to chase or reported in your database or to congress.
it is just that simple
regards
David Black a permanent and total disabled veteran under federal law.
it is a bit impossible for your staff to be researching a current complaint all the way back to 2010 complaints that are no longer in my account’s database in the first place.
if you do not respond I will take this matter up with mr cordray and ellen warren and the justice department.
suggest we all should be complaining daily to the uscfpb with copies of it to us justice dept eric holder us ag and eric schneiderman new York ag if it regards chase and keep complaining about complaints being erased and keep complaining about chase especially in florida new York Nevada and all the other scum bag servicers. seems chase is giving modifications to those theycan make a claim against the chase us ag 13.5 billion dollar settlement . everyone else gets foreclosed on so they can cash in their derivative hedge bets aka credit default swaps.
Tricia
July 23, 2014 at 9:02 PM
Haven’t been around in awhile, but not sure if any of you have seen this case out of Seattle. The mayor actual stopped the eviction of a vet after his home was sold at auction even though he had a pending court case against Chase.
Ms. LANE… You my dear are one hell of good writer, and even better fighter. Tell you what….you write a page a day of your experiences….you will represent your State….I am in Idaho and will do the same….a page a day in MS Word….of the wanton…circus acts…thrills..chills..n spills….and 1x a week you send them to me…in Word..
Next….I take your Copyrighted file and I print them..the stories…On my end I take your 7 days in hell…best of…like the meth lab party gone wrong…that is one page….following?
I recycle wood…I live in Boise…’city of trees’…and can combine your 7 pages w my 7 pages…David could crank out 7…..w pictures of course….and viola…I now have our product…a journal size ….hardwood…hardcover…made in ‘murica….book of short (horror) stories. We sell this to coffee shops on a weekly UPS logistics run….shops all over the world…..still following?
We could name the first series ‘For Closure’.
Why fo it? For therapy…for $….but most of all. ..for closure. I am serious.
I will join this challenge if for nothing else but to save anyone the heartache a fraudulent foreclosure brings to families. You can name my story “6 Wks to Sheriff Sale” as that is the deadline I am in once again.
I write down all the things I discover whether in a little book or on these web pages so the truth can get out. At the moment i KNOW that the two felons at the present reit i live in are trying to kill both me and my dog especially since i have and my dog in the The last few days have had the same symptoms one is not being able to breath. Last week while i was typing an impotant letter at the library someone came into my apt and went thru a file box and stole many bank statements they know i have two properties i am fighting for This felon in the office thinks HE can use my identity AND DRESS UP LIKE A GIRL. He ONCE TOLD MEthey have his name on YOU TUBE as a girl it is him with a girls name and wearing a dress??? anyone remember the case where a famous ballerina rented an apt in her eastside nyc townhouse to someone who wanted to steal her townhouse and her body wasn”t founD but a mother ande son was indicted
Marilyn
It’s the same as the banks did with the mortgages. Now they are packaging up rental payments. The only difference is now the homes they stole away from the real homeowner, they ( real estate trusts) now claim ownership and are landlords behind the scenes sort of like Fannie and Freddie. Now they don’t foreclose, they just evict. You can thank REIT s like Blackstone Group. They pushed the average homeowner out of the local market. My neighborhood is now at least 1/2 rental. And they suck as landlords. They don’t care as long as they are getting their money. They have turned once nice areas upside down. You can’t trust anyone living around you because they can be living next to you for a couple months and gone the next and you better have a good home security system. Especially in south fl. They r either druggies or thieves.
Corruption is overwhelming but we must fight on. After losing my two condos to fraud one has to put a roof over ones head. And what you find are the REITS have taken over the rental market.
On my third night In my first rental at a REIT there was a commotion and it turned out the tenant upstairs was a drug dealer with a meth lab and a customer died. it took me six months to make a deal to break my lease for one dollar after finding another REIT that would take a dog.BUT it was from the frying pan into the fire.
On my third night in my first rental at a REIT there was a commotion and it turned out the tenant upstairs was a drug dealer with a meth lab and a customer died. It took me six months to make a deal to break my lease for one dollar after finding another REIT that would take a dog but this second rental was from the frying pan into the fire This time a have a hidden sexual sex predator on drugs and with electric devices(ADS and EMP) –active denial system and electrical magnetic pulse below me and the leasing agent in this office who took my social security number and financial information is a two time convicted felon for credit card fraud and then when you call and complain to the police the last one said ‘it happens”
Well I AM STILL FIGHTING.
.
Marilyn, you nailed it about the reits, they are doing the same with rental payments as they did with mortgages and they are lousy landlords. they pushed the average buyer out of the market. as long as credit is tight and these reits are buying up homes right and left. They do not want us to be homeowners. rents are so high in my area and the price of homes are already unreasonable again.
look up in property records how many homes IH2 (i.e. invitational homes , blackstone group) huge trust, no armslength transactions, now the banks don’t foreclose, they can simply evict (takes less time) and they do not take care of the properties because they do not care. only about the income stream!!!!
The last complaint I made in January 2014 I am still waiting for bank response consumer protection bureau acknowledged receipt. But never got response from bank or consumer protection that complaint had been answered.
Has anyone’s complaint/history of complaints vanish??I’m in a foreclosure nightmare that’s lasted since 2010,I’ve had set backs but continue to fight,along the way I’ve filed complaints w/cfpb & my 1st few,I dropped the ball by not knowing the ”process” but I’ve mastered it now,last one,which = 7 total in 4+yes,I MADE sure to attach all vitale papers showing my claims of Mortgage servicer abusive actions/practices,went to CFPB REVIEW,BOOM GONE???????ALL of them,,any input to why or has this happened to anyone?my account shows ”No Complaint records found”’?????thanks in advance:-)
Yes the same thing happened to me
The banks have their friends in uscfpb centers that process
Our complaints
They deep six them or call them duplicates or send our
Complaints to federal trade commission graveyard
I filed 36 complaints since uscfpb opened against chase
And ceo jaime dimon and othet chase execs
About 12 of those were erased or disappeared on grounds
Of being duplicate
All we can do is complain to uscfpb director and send thatletter
To our senators and congressman to ask them to make inquiry
Of uscfpb and to resurrect our complaints and file them with servicer
my new uscfpb complaint about chase
sent to new york state attorneygeneral. new york has allegedly convened a grand jury and service cuomo deputy about mortgage abuse and fraud and bribery in cuomo’s office and the utah ag was arrested and charged with 23 counts of felony bribery from bank of america recon trust
here is my new complaint lets see if it survives
chase mortgage abuses of disabled veterans
The article in this email documents chase is losing their shorts in the mortgage business and their bad loan loss reserves are rapidly heading to zero
Hence their may be plenty of motive to conduct themselves the way theyvhave with me
Their latest stunt is to attempt to manufacture another default by raising my mortgage payment and two by raising it again for escrow payment increase
The charges per clark county and state farm insurance annually equal 3800 and my current escrow payment of 329 a month covers that
As of sept 1 2014 they are increasing escrow 350 a month which increases my payment 19 a month and five dollars more than i am paying now as principal reduction payment added to minimum mortgage payment
According to thousands of complaints from other chase mortgage holders their fraudulent escrow operations is a key method of manufacturing default
And they refuse to give me credit for approximately prepaid escrow funds of 2000 and have had that money since 2008 yet continue to raise my payment in yet another attempt to manufacture a default
That is not going to happen
As Rick has seen the escrow refund check from chase for 1350 dollars and performed the last valid escrow accounting by chase in 2011 there has been continued oveecharging anf manipulation of my escrow funds
Chase whistleblower employees sent me a detailed escrow transaction history for both the old and new account numbers showing hundreds of fraudulent alleged transactions in the escrow account
There should only be four payouts per year and 12 deposits from my payments to the escrow
The spreadsheet ( Tiffany only has the first version while chase whistleblower employees sent me a second shows 21000 in mortgage payments being put in unapplied payments plus another 9000 in unapplied from 2008 and then making debit charges to those unapplied and then crediting another account called escrow advance
This looks like money laundering and income tax evasion to me since in jan 2013 there are 14000 in reversed mortgage payments back to 2012 tax year and they all disappeared and then chase sent me notice on their website which rick has to pay another 14000 dollars for two mortgage payments for same month and year ie
Extorting me again like in 2008 and made me pay july 2008 three times a
disabled veteran on VA FEDERAL US TREASURY PENSION FIXED INCOME
David….perhaps Kelly Mathers would like to blow the whistle from inside….you know…join the cause??? Everything (including the sound of justice) is better recorded ‘in steteo’. Way to stay in the fight…w a papertrail….a path leading to Their destruction…not yours/ours. I will be kicking MetLife (steve kandarian) and Chasing Diamon(d)$ till king dom come…and well…it would appear w the current V.A. scandal….this type of abuse (as you have described) will be frowned upon once it is made mainstream. . . Nobody likes a bully anymore….and everybody loves an underdog….especially when the bully gets his ar$e kicked….you sir are doing the kicking now…do not stop….p.s. if you write to Brian Williams of NBC….and you tell him about ‘our’ nephilim conversation…and if you X plain your sitch….w a c.c. to Eric Holder….I think you would have a better than 50/50 shot at a Nationwide/Worldwide story….a compelling and timely one to boot!
My ol man is Canadian n knows BW…put it this way….I would like to see your story on primetime… I also want you to file your massive claim for damages…make it loud and proud….you carry the Torch for many DVs who have lost their fight….make sure the torch is ‘inserted’ fire end first…. also remember that this message board gave Jamie D cancer…gave Steve K restless nights wo sleep…..WE the People have ‘them the monsters’…on the ropes.
Knock ’em out of the box! God ♡s an underdog w teeth. . . . Keep fighting…Holder just kicked Citi for $7 B…..hope everyone saw that. Use this in Court….as I said…
‘make ’em walk the plank….more blood in the water….theirs finally”.
China wants you to win….China h8s fraud when it causes shame and loss of face….
the financial losses are paramount but secondary to the first n second issues….got it?
777
ldynps , are you in fl? I am also. I thought you were in CA. I would like to speak to you and hopefully we can help each other. I am in broward cty. fl. please send me your email mine is lsnider52@hotmail.com
my uscfpb complaint today
chase has not resolved a single monetary dispute with me since 2008 and continues to extort me for money on a loan I never applied for .. they even reported this new loan to the credit bureau with a balance of $ 300,800 which the Credit bureau also had reporting of yet another first trust mortgage from chase.
chase has fired the local v.p Kelly mathers for trying to help me resolve these issues.
all chase does is say they addressed the issue. I don’t care if they address any thing. these disputes by me are about money and extortion of me by chase on a loan I never applied for and non compliance with a promissory note for a loan I did pay for. chase has quashed the loan finance by blacksmith and boilermakers union of Kansas city Kansas and created a new loan with higher interest rates and balloon payments with no loan docs no respa notices and now extorting me for double and triple payments. I got another wortheless packet of chase toilet paper today while they now are extorting me for more escrow funds while they have over $ 2,000 in unapplied escrow funds and over $ 80000 in unapplied payments and unaccounted for payments and missing 21 missing mortgage statements required monthly by federal respa law and even told the Washington state AG to buzz off when requested to produce the mortgage statements. in letters from chase v.p she says I owe $ 388,888 while the mortgage statement says I owe $ 311,000 and the new loan to the credit bureaus says I owe $ 300,800 . chase website says I am five payments ahead but refuse to give me credit for them and their attorney writes me letters I am indefault and sends letters to my attorney mr potter demanding he drop me as a disabled veteran client. the whole mortgage operation of chase needs to be seized by the federal government and a cash audit be done by irs and other agencies to determine where the billions of dollars of mortgage payments are going.
and for what purpose and that includes escrow funds.
Hi there. I used to post on this site back in 2010/11 when i claimed bankruptcy after losing a six-figure job in the end of 2008. Therein, I so appreciated the conversations taking place and the site bringing awareness to the public. I received an education on mortgage fraud. I’d copied all my county records after noticing the lack of mortgage assignment records between all the banks since my mortgage originated. Fortunately, I was able to rent out my NJ condo until Hurricane Sandy hit. Then fell behind on the mortgage. In October, 2013, Forclosure proceedings were started (lis pendens filed) by Citimortgage’s (loan servicer at the time) attorney. To date, I was yet to be served and put the home up for sale. Today I received a call from a company called Seretus (out of Pinnelas Park, FL) stating that they are now the new servicer of my FM loan as of June 14th, 2014 (I never knew who owned my load through each of the prior mortgage assignments) Seretus told me I should have received a “bye-bye” letter from Citimortgage. I’d never received the letter, but checked my current county records and now see that only 6 weeks prior to the Citi lis pendens, the assignment to Citimortgage from the prior bank was filed (even though I was with Citi since 2005.) There, i also just found a recent filing of assigment to FM, as well as to this new company, Seretus. They are now offering me a modification and have noted they have not filed for foreclosure. I have two questions, if anyone might know and would so appreciate a knowledgable answer – The lis pendens is still on my record with Citi’s attorneys. I am having trouble with the sale of the home as potential buyers are shying away due to the lis pendens. If Citimortgage is no longer my servicer, nor owns the loan, how valid is the lis pendens? I’ve heard of requesting the court expunge the lis pendens: especially because it is no longer valid, AND because it is now detremental in me selling the home which could afford me the opportunity to sell and settle the debt. is this possible? Can i approach the attorney and request they remove it without filing a motion to expunge? Second question: can they be sued if they don’t comply? Of course this has me leading to: If the lis pendens remains, and then Seretus ends up filing for foreclosure, is it possible that two banks can file a mortgage lis pendens on the same loan? Thanks for any responses that might help. Sandy struck
Suz – I don’t know if anybody else has responded to you or not. If your property is located in the state of Florida then the lis pendens filed will remain of record unless Citi files to have it dismissed or after a period of time when there is no activity the Courts will automatically have it dismissed for ‘lack of activity’. Lis Pendens can only be filed by the ‘owner’ of the note and mortgage. If there is an assignment from the original lender to Citi then most likely they are the owner of the note/mortgage and it appears that they then assigned it to this FM (whatever those initials mean) and Seretus. You did not mention if the mortgage was included in the BK you filed or not. If not I don’t understand why the lis pendens was filed. If it was included in the BK you basically gave up the property in the BK and the current owner can foreclose. They can also use the same lis pendens to move forward with the foreclosure as long as they complied with the new procedures for Florida law that came into effect June 7th of 2013 (H.B. 87).
Bobbi’s post reminded me of your comment. Not knowledgeable about FL bk etc but generally my thoughts were that there may be a clouded title if unlawful foreclosure or multiple claims to debt etc. Title insurance is also supposed to guard against losing marketability of title. If Citibank is part of settlements can use to make complaint or back up your claims in wrongful foreclosure or quiet title case from my understanding, not legal advice. In bk sounds like their claim should be challenged or adversarial complaint made from what I’ve read.
WHEN I win my cases, I will retutn to this board and fund a 1st rate ww legal A Team…the only catch will be that if you receive help from ‘the fund’…and you win….that you pay it fwd w a % to the ‘house’ as it were. Remember. ..blue planets have won …it has been decided. Now just cross the line. Then cross it again for kids at home. . Protect the little ones. . .holderwhereyou@? 777
The govt does not want us to be homeowners. It’s another way to control us or make money from us. The big investors. Ie blackstone group. Have bought up thousands of homes that should have been available to qualified buyers and they should have been “arms length transactions”. These investors are packaging rental income the same way the banks did mortgages. Look at all the people that believed in obamas HAMP program and got scammed. Why isn’t Obama helping us and knows what the banks did to steal out homes. It’s one big govt conspiracy. For us that believed in our govt, shame on us. Fool me once but they won’t fool me twice.
Thks David. I will do what I can and will speak up for you and others. I am fighting as much as I can. I had to get attny because they set a trial date and I know it’s because they do not want to have to honor the settlement. Blackstone has bought quite a few homes in my area and i suspect the bank is looking for a lot more homes to steal so they can pkg up the rental income. My area I fl is a hot market at the moment and they know it. There is a great big picture in the steAling of our homes. If the govt has their way. There would be very little home ownership. God bless to all who have lost their fight. Believe me better things are ahead for you. For us that remain in the fight, the uncertainty of it all is like being in a prison, but the principle of the battle has to keep us fighting.
I am so sick of these banks. I never had credit problems in my life until I made a deal with the devil a/k/a jp Morgan chase bank. Thanks for the advice David Franklin I am going to cc everyone I can think of with the fraud they are getting away with. The settlement letter says not to call the judge, but that was when it was still pending. Now it is a done deal and Chase has to be forced to live up the settlement agreement and in there it says that the judge reserves the right to maintain jurisdiction to enforce the terms of the settlement agreement.
LMS et al…I embark on ‘life on the streets’ in a matter of hours…this w a masters degree…intl fortune 100 exo…blah blah… but w no credit.. (thank you Jamie and Steve ). I just wanted to encourage everyone here to STAY IN THE FIGHT….this cleansing is necessary and we will be rewarded for taking on (and crushing) these goliaths… this board scares the $ht out of ALL guilty banks….sure we received $500 -$6000 for our 100x losses (one penny in the dollar) but we never gave up our right to sue….just file and get on w it….this is the final act of the American Play….so press hard and watch em fall….’zilla is in the house and in your corner….watch that flagpole get ripped off and thrown at Steve…then Jamie….our collective wins…in Court…will serve as precedence….hard for us….easier for those behind the ice breakers….have fun with it….make it a game…they sure did. Now…..they are getting the cancer they gave….AND at ANY hour….Federal Agents just might be knocking on the executive glass door….when criminal charges land…and its in the works…then our civil claims are simply a ‘summary judgement’ exercise….a reversal of hope…a shift in karma if you will. I am asking for $10 mil from Met and $5 mil from Chase… I helped shut down MetLife Home Loans….now I need my settlement. Yes I scare them…they got caught by the megladon…always a bigger shark out ‘there’….Today there…is…here. Best of luck fighters….David…keep rocking the boat….make em walk the plank….splinters and all…sharks below….blood in the water….theirs. 777
hammertime
July 9, 2014 at 12:01 AM
Hang in there Trev. I wish we could have gotten it together as Tom, David and others have pushed us. There’s no giving up here maybe we still can. Keep in touch.
here is the phone number at us dept of justice to give your comments on the phone about the $ 13.5 billion dollar jp morgan chase settlement with the us govt. as I put on the answering machine the settlement should be 100 times larger and all of us get a crack at it to make out claims for restitution instead of giving the money to the corrupt states and state AG’s and no homeowner sees a dime. what the press is not telling us is that the settlement is subject to a lawsuit by a politically affiliated public interest group to get judicial review of the settlement from a federal judge. in other word the judge approves it. the phone number is legitimate and I called and it answered. supposedly the attorneys at us doj will listen to everyone’s message. I told them that the settlement is a joke since chase used tarp taxpayer funds to pay it to the us doj. the research I have done says jaime dimon got $ 90 billion dollars from uncle same not $ 35 that us doj stated to the press. so call the number and raise hell and I said the settement should be 100 times larger and not be paid by using tarp money or our mortgage payments for us that are in chase’s fraudulent loss mitigation. my attorney told me today chase is harassing him on the phone since I filed criminal charges against chase executives in the mortgage servicing unit for extortion grand larceny and grand theft wire fraud and mail fraud and forgery of TILA documents from the loan origination
best regards
David Franklin and good speed TREVOR. let it all go and make the blossoms come up at your feet again. I know how much this crap from banks gets me depressed and perhaps some of you out there. all of you have been very supportive of me and now I have talked to several of you TREVOR and Luis and some homeowners who are in court with chase now as I write this. chase’s new trick is to change trustee and/or claim they own the mortgage which is allegedly a lie and untruth.
justice number to file your complains about the settlement is
202 353 1555 u.s dept of justice eric holder’s office office of u.s. attorney general for finalization of $ 13.5 billion settlement and consent decree from Chase.
hammertime
July 9, 2014 at 12:12 AM
Great info David! I’ve been stonewalled on my complaints in Los Angeles CA and was looking for another source before I hit “my” elected officials. Democrats, Republicans doesn’t matter they are in league with the banks to take our homes and to hide the GRANDEST THEFT OF ALL TIME!
I have been a part of every class action so far including the big settlement in which I got $500 measely dollars for dual tracking. now this chasemdlsettlement, and they are trying for foreclose on me before I can reap any of the benefits if there are really any. I call Chase and nobody knows nothing about the class action. they try to sweep everything under the rug. I am going to write the judge and let him know that his efforts go unnoticed. He is a federal judge and Im sure that he is not going to like that his ruling has turned on deaf ears. This is enough already. The big investors are buying our houses and turning them into rentals and packaging up the rental income and doing the same thing with rental income that they did with mortgages.
Not surprised hammertime. The lender/services paperwork we already know is a scam. It’s all about passing the liability to keep everyone guessing. Chase has ramped up the foreclosure trial date with me so they won’t have to make good on the class action that they lost in the federal court. They breached contract. My understanding is that the class action and the foreclosure are two separate actions and if they beat u to foreclosure. U have no chance of any of the benefits of the class action. They know they screwed up in this class action they lost so the only chance they have is to speed up foreclosure
The difference like in my case is Chase is caught and looks like unable to dish off on a fly by night company. They need to be exposed. If FL? had any rights that would have to be a major dual tracking and sounds like they’re ignoring our courts AGAIN! Need to publicize!
True TBTF is the unofficial policy but there’s even fraud in that. Another clue on servicer merry go round in following article. Interesting poll on industry site where foreclosures are at bottom for 90 day late. Nobody’s being fooled.
FHFA OIG Raises Questions About Risks of Nonbank Servicers
so….big foreclosure push we’re seeing?
“While not naming names, one such risk specifically cited by the report was the practice of using short term financing to purchase troubled mortgages that will require long term work to resolve their difficulties. The principal reason these mortgages are sold to the nonbank servicers is that they require extra time and money to cure the deficiency. The banks sell them in order to mitigate the loss that comes with servicing them. If short term financing is utilized to acquire the assets, the bill could come due before the profit from acquiring the mortgage is realized.”
sad but true, the banks can rubber stamp whoever they want as servicer/lender. I have always thought the fannie mae is just a façade so they cant pin the liability. the banks have to find some way to pay back all the investors they scammed and what better way than to just steal our homes and bribe the local courts because for most struggling homeowners, it ends in the local courts. It is an outrage!
File a motion with the judge not a letter and get a court stamp
On it
You can file it electronically if you register with the federal courts
Be sure you have correct case number
You can call kellerrohrbach.com on seattle and ask
For gretchen obrist or gretchen cappio who rep’d you
Before the judge and got ten million from chase
The judge has declared thaet he will stop the
Foreclosure
David franklin
And file motion with uscfpb too and write richard cordray
A letter he is director
I told him chase lied to the judge about loans eligible for
Mods
When I files my complaint with the OOC and The Florida Attorney General, both send the request to the banks involved with my Complaint. In Bank Of America’s response, the claimed they are the lender and that Wells Fargo is the servicer! That’s a lie….then Wells Fargo’s response was that US Bank is the lender and they are the servicer! The Attorney Generals conclusion was to do nothing…After 2 years in the Appeal Courts doing nothing and the Circuit Court allowing forged and falsified documents to be used to be granted a foreclosure…my conclusion is that there is absolutely no justice and every department is turning a blind eye to the biggest crime to ever be perpetrated in the history of the United States and it’s just going to continue because the Banks really have become….Too BIG YO FAIL/JAIL…
I have decided to file a lawsuit against Bank Of America, Wells Fargo, the Florida AG and the Attorney’s that represents them! I have nothing more to loose! Here are my causes of actions for Florida Law if anyone else needs the same! I’m giving it my all… Florida Causes Of Actions on Fraudulent Foreclosure Practices
Fraud
The essential elements of fraud are:
1. A false statement of fact;
2. Known by the defendant to be false at the time it was made;
3. Made for the purpose of inducing the plaintiff to act in reliance thereon;
4. Action by the plaintiff in reliance on the correctness of the representation; and
5. Resulting damage to the plaintiff.
Finney v. Frost, 228 So.2d 617; Abbate v. Nolan, 228 So.2d 433; Tonkovich v. South Florida Citrus Industries, Inc., 185 So.2d 710. Poliakoff v. Nat’l Emblem Ins. Co., 249 So.2d 477, 478-79 (Fla. 3d DCA 1971)
Affirmative Defense
Because of litigants’ proclivity to loosely sling the term “fraud” into pleadings, the law requires that fraud be described with precision. Florida Rule of Civil Procedure 1.120(b) mandates that “the circumstances constituting fraud … shall be stated with such particularity as the circumstances may permit.” This means that an affirmative defense or claim “must clearly and concisely set out the essential facts of the fraud, and not just legal conclusions.” Flemenbaum v. Flemenbaum, 636 So.2d 579, 580 (Fla. 4th DCA 1994). Where a defense of fraud exists, “it is not so subtle a concept that it cannot be described with precision.” Id.
Thompson v. Bank of New York, 862 So.2d 768, 770 (Fla. 4th DCA 2003)
• Glass v. Craig, 83 Fla. 408, 91 So. 332, 335 (1922) (holding that “a mere statement of opinion, belief, or expectation, although untrue and resting upon no information, is not such a false representation as to constitute fraud”);
• Reimsnyder v. Southtrust Bank, N.A., 846 So.2d 1264, 1266 (Fla. 4th DCA 2003) (determining that statements made by bank officer were either not demonstrably false or were mere opinion and thereby not actionable under a fraud claim);
• Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So.2d 168, 172 (Fla. 4th DCA 1994) (finding that a claim for fraudulent misrepresentation is not actionable if premised on mere opinion and not material fact);
• Baker v. United Servs. Auto. Ass’n, 661 So.2d 128, 131 (Fla. 1st DCA 1995) (reasoning that for a claim of misrepresentation to be actionable, it must be of fact rather than opinion);
• Wasser v. Sasoni, 652 So.2d 411, 412 (Fla. 3d DCA 1995) (finding that seller’s statements that the building was “a very good building” requiring “normal type of maintenance,” and “an excellent deal,” were clearly statements of opinion and not fraudulent misrepresentations);
• Carefree Vills. Inc. v. Keating Props., Inc., 489 So.2d 99, 102 (Fla. 2d DCA 1986) (finding that a seller’s statement that he thought the lifetime leases could be broken was nothing more than an opinion, upon which no action for misrepresentation could be grounded).
Constructive Fraud
• Constructive fraud occurs when a duty under a confidential or fiduciary relationship has been abused or where an unconscionable advantage has been taken. Constructive fraud may be based on a misrepresentation or concealment, or the fraud may consist of taking an improper advantage of the fiduciary relationship at the expense of the confiding party.” Levy v. Levy, 862 So.2d 48, 53 (Fla. 3d DCA 2003) (citations omitted). “A constructive fraud is deemed to exist where a duty under a confidential or fiduciary relationship has been abused.” Allie v. Ionata, 466 So.2d 1108, 1110 (Fla. 5th DCA 1985). Florida courts have recognized that constructive fraud may exist independently of an intent to defraud. Allie, 466 So.2d at 1110; Linville v. Ginn Real Estate Co., LLC, 697 F.Supp.2d 1302, 1309 (M.D.Fla.2010) (“Constructive fraud, unlike actual fraud, does not require a showing of intent or of a misrepresentation or concealment and thus a claim for constructive fraud need only meet the liberal pleading requirements of Rule 8.”).
• Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Constructive Trust
“A constructive trust is one raised by equity in respect to property which has been acquired by fraud, or where, though acquired originally without fraud, it is against equity that it should be retained by him who holds it.” Quinn v. Phipps, 93 Fla. 805, 113 So. 419, 422 (1927). Constructive trusts are akin to an express trust in that a bifurcation of title occurs; bare legal title to the property is held by the possessor of the property while the beneficial interest is held by the person entitled to the property. In re Shepard, 29 B.R. 928 (Bkrtcy.M.D.Fla.1983). However, unlike an express trust or a resulting trust, a constructive trust arises solely by operation of law. Palmland Villas I Condominium Ass’n, Inc. v. Taylor, 390 So.2d 123 (Fla. 4th DCA 1980). Thus, a constructive trust is a remedial device with dual objectives: to restore property to the rightful owner and to prevent unjust enrichment. Abreu v. Amaro, 534 So.2d 771 (Fla. 3d DCA 1988).
To impose a constructive trust, there must be (1) a promise, express or implied, (2) transfer of the property and reliance thereon, (3) a confidential relationship and (4) unjust enrichment. Id. at 772. The person seeking to impose a constructive trust must prove these elements by clear and convincing evidence. Id. However, similar to any equitable remedy, the enforcement of a constructive trust is tempered by equitable defenses, including laches and estoppel. See generally Steinhardt v. Steinhardt, 445 So.2d 352 (Fla. 3d DCA), rev. denied sub nom., 456 So.2d 1181 (Fla.1984); Mills v. Holcomb, 389 So.2d 223 (Fla. 5th DCA 1980), rev. denied, 399 So.2d 1143 (Fla.1981).
Provence v. Palm Beach Taverns, Inc., 676 So.2d 1022 (Fla. 4th DCA 1996)
Nondisclosure (Real Estate)
When a Buyer purchases Real Estate from a Seller, the Seller must disclose all known, material defects in the property. If the Seller fails to make sure a disclosure, the Buyer may have a claim for Nondisclosure.
A Nondisclosure claim has four elements:
1. The seller of a home must have knowledge of a defect in the property,
2. The defect must materially affect the value of the property,
3. The defect must be not readily observable and must be unknown to the buyer, and
4. The buyer must establish that the seller failed to disclose the defect to the buyer.
Johnson v. Davis, 480 So. 2d 625, 629 (Fla. 1985).
To state a claim, the Buyer must prove that the Seller had actual knowledge if the defect. It is insuffucient to state a claim if the Buyer can only establish that the Seller “should have known” about the defect. Jensen v. Bailey, Case No. 2D10-939 (Fla. 2d DCA Nov. 20, 2011).
AIDING AND ABETTING A BREACH OF FIDUCIARY DUTY
A claim for aiding and abetting a breach of fiduciary duty requires:
1. a fiduciary duty on the part of the primary wrongdoer;
2. a breach of this fiduciary duty;
3. knowledge of the breach by the alleged aider and abettor; and
4. the aider and abettor’s substantial assistance or encouragement of the wrongdoing.
Sensormatic Electronics Corp. v. TAG Co. US, LLC, 632 F. Supp. 2d 1147, 1192 (S.D. Fla. 2008); Court Appointed Receiver of Lancer Offshore, Inc. v. Citco Group, Ltd., No. 05-60080, 2008 WL 926513, at * 5 (S.D. Fla. Mar. 31, 2008); Bruhl v. Price Waterhousecoopers Intern., No. 03-23044-Civ, 2007 WL 983263, at * 10 (S.D. Fla. Mar. 27, 2007); In re Caribbean K Line, Ltd, 288 B.R. 908, 919 (S.D. Fla. 2002); AmeriFirst Bank v. Bomar, 757 F. Supp. 1365, 1380 (S.D. Fla.1991).
Breach of Third-party Beneficiary Contract
A person who is not a party to a contract may not sue for breach of that contract where that person receives only an incidental or consequential benefit from the contract. Metropolitan Life Ins. Co. v. McCarson, 467 So.2d 277 (Fla.1985). The exception to this rule is where the entity that is not a party to the contract is an intended Third-party Beneficiary of the contract. Jacobson v. Heritage Quality Constr. Co., 604 So.2d 17 (Fla. 4th DCA 1992), dismissed, 613 So.2d 5 (Fla.1993). A party is an intended beneficiary only if the parties to the contract clearly express, or the contract itself expresses, an intent to primarily and directly benefit the third party or a class of persons to which that party claims to belong. Aetna Casualty & Surety Co. v. Jelac Corp., 505 So.2d 37 (Fla. 4th DCA 1987); Warren; Security Mut. Casualty Ins. Co. v. Pacura, 402 So.2d 1266 (Fla. 3d DCA 1981).
Thus, in order to plead a cause of action for breach of a third party beneficiary contract, the following elements must be set forth:
(1) a contract between A and B;
(2) an intent, either expressed by the parties, or in the provisions of the contract, that the contract primarily and directly benefit C, the third party (or a class of persons to which that party belongs);
(3) breach of that contract by either A or B (or both); and
(4) damages to C resulting from the breach.
Additionally, in order to find the requisite intent, it must be shown that both contracting parties intended to benefit the third party. It is insufficient to show that only one party unilaterally intended to benefit the third party. See Clark and Co. v. Department of Ins., 436 So.2d 1013, 1016 (Fla. 1st DCA 1983). Based upon the foregoing, the initial issue presented is whether, taking the well-pleaded allegations as true and viewing them in the light most favorable to Caretta, the allegations of Count III sufficiently pleads all of these elements.
Caretta Trucking, Inc. v. Cheoy Lee Shipyards, Ltd., 647 So.2d 1028 (Fla. 4th DCA 1994)
Anticipatory Repudiation
“The doctrine of anticipatory repudiation is part of the law of contracts in Florida.” Southern Crane Rentals, Inc. v. City of Gainesville, 429 So.2d 771, 773 (Fla. 1st DCA 1983). Repudiation by one party, to be sufficient in any case to entitle the other to treat the contract as absolutely and finally broken and to recover damages as upon total breach, must at least amount to an unqualified refusal, or declaration of inability, substantially to perform according to the terms of his obligation. Roehm v. Horst, 178 U.S. 1, 14, 15, 20 S.Ct. 780, 44 L.Ed. 953; Smoot’s Case, 15 Wall. 36, 49, 21 L.Ed. 107; Dingley v. Oler, 117 U.S. 490, 503, 6 S.Ct. 850, 29 L.Ed. 984; Kimel v. Missouri State Life Ins. Co. (C.C.A.) 71 F.(2d) 921, 923. Mere refusal, upon mistake or misunderstanding as to matters of fact or upon an erroneous construction of the disability clause, to pay a monthly benefit when due is sufficient to constitute a breach of that provision, but it does not amount to a renunciation or repudiation of the policy. Mobley v. New York Life Ins. Co., 295 U.S. 632, 638 (1935).
(1) Where an obligor repudiates a duty before he has committed a breach by non-performance and before he has received all of the agreed exchange for it, his repudiation alone gives rise to a claim for damages for total breach. (2) Where performances are to be exchanged under an exchange of promises, one party’s repudiation of a duty to render performance discharges the other party’s remaining duties to render performance. Therefore, the nonbreaching party is relieved of its duty to tender performance and has an immediate cause of action against the breaching party. Blue Lakes Apartments, Ltd. v. George Gowing, Inc., 464 So. 2d 705, 708 (Fla. 4th DCA 1985).
It is “arguable that anticipatory repudiation is an affirmative defense required to be raised by the defendant’s pleadings.” Twenty-Four Collection, Inc. v. M. Weinbaum Const., Inc., 427 So. 2d 1110, 1112 (Fla. 3d DCA 1983). An anticipatory repudiation also creates a cause of action for breach of contract distinct from any defense. Id.
Rescission
The fundamental requirements necessary to state a cause of action for rescission or cancellation of a contract are:
1. The character or relationship of the parties;
2. The making of the contract;
3. The existence of fraud, mutual mistake, false representations, impossibility of performance, or other ground for rescission or cancellation;
4. That the party seeking rescission has rescinded the contract and notified the other party to the contract of such rescission.
5. If the moving party has received benefits from the contract, he should further allege an offer to restore these benefits to the party furnishing them, if restoration is possible.
6. Lastly, that the moving party has no adequate remedy at law.
Crown Ice Mach. Leasing Co. v. Sam Senter Farms, Inc., 174 So. 2d 614, 617 (Fla. 2d DCA 1965).
Quantum meruit
The remedy of quantum meruit derives from contracts “implied in fact.” In these contracts, the parties have in fact entered into an agreement but without “sufficient clarity, so a fact finder must examine and interpret the parties’ conduct to give definition to their unspoken agreement . . . . [in order to give] the effect which the parties . . . presumably would have agreed upon if, having in mind the possibility of the situation which has arisen, they had contracted expressly thereto.” See Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., 695 So.2d 383, 385-86 (Fla. Dist. Ct. App. 1997) (en banc).
Declaratory Judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.
To state a claim the Plaintiff must show:
1. that there is a bona fide, actual, present practical need for the declaration;
2. that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
3. that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
4. that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
5. that the antagonistic and adverse interests are all before the court by proper process or class representation; and
6. that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.
May v. Holley, 59 So.2d 636, 639 (Fla. 1952).
In Florida, a party may bring an action for Declaratory Judgment pursuant to s. 86.021, Florida Statutes, which provides:
Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing may have determined any question of construction or validity arising under such statute, regulation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations thereunder.
The court may render declaratory judgments on the existence, or nonexistence:
(1) Of any immunity, power, privilege, or right; or
(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.
As the Second DCA has noted:
A complaint for declaratory judgment should not be dismissed if the plaintiff established the existence of a justiciable controversy cognizable under the Declaratory Judgment Act, chapter 86, Florida Statutes (2007). See Thompson v. Fla. Cemeteries, Inc., 866 So. 2d 767, 769 (Fla. 2d DCA 2004). As this court has previously stated, “[t]he test for the sufficiency of a complaint for declaratory judgment is not whether the plaintiff will succeed in obtaining the decree he seeks favoring his position, but whether he is entitled to a declaration of rights at all.” “X” Corp. v. “Y” Person, 622 So. 2d 1098, 1101 (Fla. 2d DCA 1993). Murphy v. Bay Colony Property Owners Association, 12 So.3d 924 (Fla. 2d DCA 2009)
Injunction
To state a cause of action for injunctive relief, a plaintiff must allege ultimate facts which, if true, would establish:
1. Irreparable injury (that is, injury which cannot be cured by money damages),
2. A clear legal right,
3. Lack of an adequate remedy at law, and
4. That the requested injunction would not be contrary to the interest of the public generally.
Weekley v. Pace Assembly Ministries, Inc., 671 So.2d 220, 220 (Fla. 1st DCA 1996).
Intentional Infliction of Emotional Distress
The elements of the Intentional Infliction of Emotional Distress cause of action are:
1. The wrongdoer’s conduct was intentional or reckless;
2. The conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community;
3. The conduct caused emotional distress; and
4. The emotional distress was severe.
Johnson v. State Dept. of Health and Rehab. Svc’s, 695 So.2d 927 (Fla. 2d DCA 1997)]], quoting Dominguez v. Equitable Life Assurance Soc’y, 438 So.2d 58, 59 (Fla. 3d DCA 1983).
Only conduct, which is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community,” meets the standard necessary to state a claim for IIED. Clemente v. Horne, 707 So.2d 865, 867 (Fla. 3d DCA 1998), citing Restatement (Second) of Torts, § 46 cmt. D (1965). “It is not enough that the intent is tortuous or criminal; it is not enough that the defendant intended to inflict emotional distress; and it is not enough if the conduct was characterized by malice or aggravation.” Id. citing State Farm Mut. Auto. Ins. Co. v. Novotny, 657 So.2d 1210, 1213 (Fla. 5th DCA 1995).
Claims based solely on allegations of verbal abuse are also generally legally insufficient. De La Campa v. Grifols America Inc., 819 so.2d 940 (Fla. 3d DCA 2002) citing Ponton v. Scarfone, 468 So.2d 1009 (Fla. 2d DCA 1985) (statements made to induce employee to join sexual liason did not establish IIED).
Tortious Interference with a Contractual
Business Relationship
The elements of a claim for tortious interference with a contract are: (1) the existence of a contract; (2) defendant’s knowledge of this contract; (3) an intentional and unjustified interference with the contract by a third party; and (4) damage to plaintiff as a result of the interference. Salit v. Ruden, McClosky, Smith, Schuster & Russell, P.A., 742 So.2d 381, 385 (Fla. 4th DCA 1999) (citing Tamiami Trail Tours, Inc. v. Cotton, 463 So.2d 1126, 1127 (Fla.1985)).
Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Negligent Misrepresentation
Under Florida law a claim for negligent misrepresentation requires that: (1) There was a misrepresentation of material fact; (2) the representer either knew of the misrepresentation, made the misrepresentation without knowledge of its truth or falsity, or should have known the representation was false; (3) the representer intended to induce another to act on the misrepresentation; and (4) injury resulted to a party acting in justifiable reliance upon the misrepresentation. Baggett v. Elecs. Local 915 Credit Union, 620 So.2d 784, 786 (Fla. 2d DCA 1993). With respect to negligent misrepresentation claims, justifiable reliance on the misrepresentation is a required element. Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Promissory Estoppel
The basic elements of promissory estoppel are set forth in Restatement (Second) of Contracts § 90 (1979), which states:
(1) A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires.
The character of the reliance protected is explained as follows:
The promisor is affected only by reliance which he does or should foresee, and enforcement must be necessary to avoid injustice. Satisfaction of the latter requirement may depend on the reasonableness of the promisee’s reliance, on its definite and substantial character in relation to the remedy sought, on the formality with which the promise is made, on the extent to which the evidentiary, cautionary, deterrent and channeling functions of form are met by the commercial setting or otherwise, and on the extent to which such other policies as the enforcement of bargains and the prevention of unjust enrichment are relevant. Id. (emphasis added).
For promissory estoppel to be applied, the evidence must be clear and convincing. Mere expectations based upon oral representations regarding future rights of parties to a contract specific in its written terms has been held to be insufficient to support a cause of action. Smith v. Piezo Technology and Professional Administrators, 427 So.2d 182 (Fla.1983); Harbour Square Development Corp. v. Miller, 517 So.2d 773 (Fla. 2d DCA 1988); Ochab v. Morrison, Inc., 517 So.2d 763 (Fla. 2d DCA 1987); Ponton v. Scarfone, 468 So.2d 1009 (Fla. 2d DCA 1985); Muller v. Stromberg-Carlson Corp., 427 So.2d 266 (Fla. 2d DCA 1983); Catania v. Eastern Airlines, Inc., 381 So.2d 265 (Fla. 3d DCA 1980).
W.R. Grace & Co. v. Geodata Services, Inc., 547 So.2d 919, 924-25 (Fla. 1989)
History
The Florida Supreme Court considered promissory estoppel in Hygema v. Markley, 187 So. 373 (1939), but rejected its application because the promise at issue in that case “was not definite but, on the contrary, was entirely indefinite as to terms and time.” Id. at 19, 187 So. at 380 (emphasis added). In South Investment Corp. v. Norton, 57 So.2d 1 (Fla.1952), the Court stated: “[O]rdinarily, a truthful statement as to the present intention of a party with regard to his future act is not the foundation upon which an estoppel may be built.” Id. at 3. In Tanenbaum v. Biscayne Osteopathic Hospital, Inc., 190 So.2d 777 (Fla.1966), the Court had before it an action for enforcement of a doctor’s employment contract with a hospital in which the parties agreed orally that the doctor’s employment was terminable only after five years and on ninety days’ written notice. In that case, it refused to apply promissory estoppel and stated: “The question that emerges for resolution by us is whether or not we will adopt by judicial action the doctrine of promissory estoppel as a sort of counter action to the legislatively created Statute of Frauds. This we decline to do.” Id. at 779
Malpractice (Legal)
A legal malpractice action has three elements:
1. the attorney’s employment;
2. the attorney’s neglect of a reasonable duty; and
3. the attorney’s negligence as the proximate cause of loss to the client.
Law Office of David J. Stern, P.A. v. Sec. Nat’l Servicing Corp., 969 So.2d 962, 966 (Fla.2007) (quoting Sec. Nat’l Servicing Corp. v. Law Office of David J. Stern, P.A., 916 So.2d 934, 936-37 (Fla. 4th DCA 2005)).
A legal malpractice action must be brought within two years “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence,” § 95.11(4)(a), Fla. Stat. (2002). In cases that proceed to final judgment, the two-year statute of limitations for litigation-related malpractice under section 95.11(4)(a), Florida Statutes (1997), begins to run when the final judgment becomes final.
Larson & Larson, P.A. v. TSE Indus., Inc., 22 So.3d 36, 39 (Fla. 2009)
Declaratory Judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.
To state a claim the Plaintiff must show:
1. that there is a bona fide, actual, present practical need for the declaration;
2. that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
3. that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
4. that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
5. that the antagonistic and adverse interests are all before the court by proper process or class representation; and
6. that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.
May v. Holley, 59 So.2d 636, 639 (Fla. 1952).
In Florida, a party may bring an action for Declaratory Judgment pursuant to s. 86.021, Florida Statutes, which provides:
Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing may have determined any question of construction or validity arising under such statute, regulation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations there under.
The court may render declaratory judgments on the existence, or nonexistence:
(1) Of any immunity, power, privilege, or right; or
(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.
As the Second DCA has noted:
A complaint for declaratory judgment should not be dismissed if the plaintiff established the existence of a justiciable controversy cognizable under the Declaratory Judgment Act, chapter 86, Florida Statutes (2007). See Thompson v. Fla. Cemeteries, Inc., 866 So. 2d 767, 769 (Fla. 2d DCA 2004). As this court has previously stated, “[t]he test for the sufficiency of a complaint for declaratory judgment is not whether the plaintiff will succeed in obtaining the decree he seeks favoring his position, but whether he is entitled to a declaration of rights at all.” “X” Corp. v. “Y” Person, 622 So. 2d 1098, 1101 (Fla. 2d DCA 1993). Murphy v. Bay Colony Property Owners Association, 12 So.3d 924 (Fla. 2d DCA 2009)
Unjust Enrichment
A claim for unjust enrichment is an equitable claim, based on a legal fiction created by courts to imply a “contract” as a matter of law. Although the parties may have never by word or deed indicated in any way that there was any agreement between them, the law will, in essence, “create” an agreement in situations where it is deemed unjust for one party to have received a benefit without having to pay compensation for it. It derives, not from a “real” contract but a “quasi-contract.” See Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., 695 So.2d 383, 386 (Fla. Dist. Ct. App. 1997) (en banc). To succeed in a suit for unjust enrichment a plaintiff must prove that:
1. The plaintiff has conferred a benefit on the defendant, who has knowledge thereof;
2. The defendant has voluntarily accepted and retained the benefit conferred; and
3. The circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff.
See Greenfield v. Manor Care, Inc., 705 So. 2d 926, 930-31 (Fla. Dist. Ct. App. 1997), rev. denied, 717 So. 2d 534 (Fla. 1998).
Malpractice (Legal)
A legal malpractice action has three elements:
1. the attorney’s employment;
2. the attorney’s neglect of a reasonable duty; and
3. the attorney’s negligence as the proximate cause of loss to the client.
Law Office of David J. Stern, P.A. v. Sec. Nat’l Servicing Corp., 969 So.2d 962, 966 (Fla.2007) (quoting Sec. Nat’l Servicing Corp. v. Law Office of David J. Stern, P.A., 916 So.2d 934, 936-37 (Fla. 4th DCA 2005)).
A legal malpractice action must be brought within two years “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence,” § 95.11(4)(a), Fla. Stat. (2002). In cases that proceed to final judgment, the two-year statute of limitations for litigation-related malpractice under section 95.11(4)(a), Florida Statutes (1997), begins to run when the final judgment becomes final.
Larson & Larson, P.A. v. TSE Indus., Inc., 22 So.3d 36, 39 (Fla. 2009)
hammertime
July 9, 2014 at 1:41 PM
Great stuff! Way to stay in the fight. Comes down to basic definitions you’ve highlighted. See my post for New Century good example of arguments.
Yes, I think we have the best chance of success acting as plaintiffs rather than defendants. Put in your checklist a good faith meeting to resolve your issues before taking up the valuable time of your district court. Unfortunately PHH missed their meeting with me that I had invited them to, and I had to fine them 5000 Bitcoins to add to my damages. Also copy your action to the Consumer Finance Protection Board and give the US attorneys a chance to prosecute the crime. Who knows, they can only say yes or no. If they say yes, and you are the first respondent, you will receive 15-25% of the judgment. If they say no, you just proceed on your own, having done all that a responsible citizen can do. They have 90 days to respond yes or no.
Supposedly Fannie Mae is the investor of your loan , but Fannie Mae is a cover up for the owner of your note I would look at the endorsements on the note, but that’s another lie. Chances are the owner of your note is the lender. Who does the note/mtg say is your lender?
Can anyone tell me why the master in equity and foreclose attorney’s use Federal National Mortgage association, as the plaintiff, when they want to bring you to court to set a sale date? The originator of the loan was entirely another institution? And with no proof of acquiring the loan. I thought Fannie Mae / HUD / federal government can’t foreclose on a property.
Oh Al…”they” can do whatever they want, legal or illegal! It’s like finding out when we were kids and believed in Santa Clause that he’s not real! Same here…we have no rights and there is no justice for all…only the 1%….Vote different next go round….this is killing America!
Don’t just focus on big, bad govt. It seems people are forgetting that the banks actually do lie and are committing the fraud and paying dearly though not nearly enough. Chase got caught claiming they own WaMu loans from purchase from FDIC and will have to cough up over $250k in ONE case fro attorney’s fees the past week. Google it and see if any cases or you may have to go another route to uncover the fraud.
This is the Chase/WaMu FDIC case kalicki-v-chase_$255,000-attorney-fee-awarded_6-14.pdf you can google or go to Victory Over Chase blog
Google your original lender and FNMA and check your assignments etc for problems with MERS etc
Al – the owner and holder of a note can foreclose. Most, if not all, of the loans originated in the good ole USA were sold to Fannie/Freddie since the late 80’s. Some borrowers weren’t even old enough to vote back then so most don’t remember what took place to allow all of this greed to ‘seek and destroy’ the banking system and it’s means of regulation. Anyway, once the loan was sold to either Fannie or Freddie they ‘owned’ your mortgage. Yes, there is supposed to be the proper assignments but under UCC which is Federal, the possession of a note is considered fair game in foreclosing depending on what state the property is located. Going by the note (copy) in your possession will NOT determine who the current owner of the note and mortgage are now. However, you can make a demand upon your current loan servicer (whom you make your payments) via a letter and ask who is the owner and holder of your note and mortgage. Servicers, who only collect payments, cannot foreclose on a property or initiate foreclosure proceedings. They are required under current law to disclose to you any such information if you make a formal request. If there is no trail whatsoever on the chain of ownership for the note, I would suggest you file a motion to determine how/when the Plaintiff acquired your note and mortgage. If you don’t question that chain of ownership don’t think for a minute that the Judge is going to question it. They don’t and really hope you won’t! And when you don’t question and file motions is just what they want! It’s the ones that stay quiet and do nothing that the court system loves the most! Easiest and shortest way to steal more homes!
Another side of the greed, lawyers defending the scumbag elite feel free to comment, reporting fraud by the little guys mostly it looks like http://mortgagefraudblog.com/
I read that too and for the moment, I felt the same as you, but it is up to us now to make others aware onthis unjust attack on hard working American people and make sure this never happens again. We know now we can never trust our government or the “ruler” of govt.
Don’t trust those that are buying our government and destroying our democracy from BOTH parties the past 35 years. Although we saw this 100 years ago but our education system is also being destroyed and most Americans think Democracy is about free checking!
Jamie the Crook Diamond has throat cancer and will be irradiated shortly. I hope he is arrested even sooner….the sooner the better. What a sleazebag traitor to the American People…
NY…when will you learn…greed and a guilty conscience = cancer and cancer will kill him….fingers crossed. People….good people lost everything and some fell ill and died from stress….being robbed.
Q: How many TBones can one fraud meistro eat?
A: 0…..choke on your fraud Jamie…the World hates you and Steve Kandarian……you C-uh ohs….are all the same. Zeroes…..all of them.
Jamie…..you did this to yourself…it is your Karma….the beginning of your end….and America treated you well….greed kills…eventually.
777
I’m glad to see the board is back up and working. I was having trouble posting a few days ago.
Does anyone on here have a federally backed loan (Fannie or Freddie)? Is anyone familiar with custody laws regarding the notes that Freddie and Fannie have invested in? Must they be in possession of the note, or may the servicers be in possession on behalf of the investors (which in this case would be Freddie and Fannie)? Furthermore, must those notes be endorsed to Freddie and Fannie? If so do you have any examples of those endorsed notes as used in prior cases?
From a foreclosure defense attorney in Florida (who posts on this site).The defense in this case is that the lender never applied payments for 22 months….ready for this?
“You must understand just how aggressively the courts are pursuing foreclosures with only one goal; grant foreclosure judgments for banks.
I don’t know whether you picked up on the overt hostility against us in court yesterday, but the hostility and anger directed at defendants and defense attorneys is like nothing I’ve ever imagined in my worst nightmares.
I can tell you story after story of gross examples.
I’m fairly certain that if they are advised of your payment defense they will come back and say, judge we’re just going to waive all the interest and payments missed, give us a sale in 30 days and the judge will grant this.
And you can just forget about appeals.One of the main forces behind this attack on consumers is appellate courts that just do not want to consider any of this any more.
All you have to do is assert the fraud defense which changes
Jurisdiction to federal court pursuant to federal court rules of
Of civil procedure
Then file a claim under federal law fdcpa
Screw that florida judge and there is nothing
The local judge camn do about the above
The legal doctrine for this is. A long latin name i dont recall
Am not a lawyer and am just stating facts not giving legal advice
Always check and pursue competent legal advice
David
You all in florida should pursue your claims and defenses
In federal court not state court
There is no judicial system in florida
It is gone and gone forever
0
Bobbi Swann
June 20, 2014 at 2:05 PM
@ David Franklin – you talk about asserting the fraud issue – how can the payments not being applied be determined as fraud? Fraud must be proved by showing that the defendant’s actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.
The mis-application of mortgage payments an action; not a statement.
Any suggestions on how to tie this into the first element above to quantity as fraud?
David f
June 20, 2014 at 2:36 PM
Hi Bobbi
you are right
however in my case chase did the same thing
Fraud also involves in your case and mine stealing
of mortgage money that belongs to the investor
Misrepresentation is another form of fraud but do not
have to prove intent
To not apply your payments is a violation
Of the American financial accounting standards board
regs for mortgage payments
Also your payments include your money for taxes etc
That is your money not the investor
To as steal your payments and escrow funds may be prima
Facie evidence of intent to defraud you and not allow
You to pay off your debt that may be cons trued as extortion
This is not legal advice and am not debating as it you Bobbi
Always get licensed competent attorneys to help you
As I have said before debating here is worthless talk
We need to take these complaints to capitol hill and
public interest groups and media to clean up our banks
What chase has allegedly done is kick the ball down the road
By creating balloon payments on first trust loans date
Due in 2037 ) with no disclosure or application from homeowners
David
And most of us don’t even know it but chase screwed.
up via their whistleblowers employees and sent me the notice
Twice
THE MEDIA WILL NOT REPORT ALL THE ILLEGAL ACTIVITIES GOING ON WITH THE CFPB OR THE 50 ATTORNEY GENERALS!! THE BANKS OWN THE MEDIA….YOU HAVE TO FILE FEDERAL LAWSUITS AGAINST THE BANKS..BE THE PLAINTIFF, NOT THE DEFENDANT, THE SYSTEM IS RIGGED!!
The court could view that as one sided. You have to always let their attorney know when you are communicating with the judge about your case, although their attorneys will try to sneak and do things around the homeowner. I am reviewing my file more often now that I am pro se. I see something’s in the file like a “verified mortgage complaint” Is a joke and claiming I have not made a payment since 2009. I am so going to throw chases attorneys under the bus
Consumer protection responses are never any help. I have complained so many times. Maybe the media needs to see how they respond
And then maybe they will take our complaints seriously
Exactly! Sales may have been stopped in my case but I can’t believe they are following up on broken laws as they claim. If you have any out and out lies we can share aside from the legal questions let’s do it.
Agree. I am going to see where our message will hit the hardest. Also the attny for the chasemdlsettlement is not really helping. They have been paid. I have ask for them to monitor my attempt at another modification and all I heard were crickets
Thanks David, will do. I am getting calls around 6or 7 in the evening since I have started modification process for the umpteenth time. They r claiming to have better follow up with the process now. I am not afraid of their attnys. They are jerks and I have no intention of backing off in the courtroom either. I just wander if they could get me for contempt and I don’t see how as long as I am being reasonable and not emotional, but it maybe one of their scare tactics to shut a homeowner up especially in the corrupt florida courts
We’re not the “crazies”. They r well aware that we know what they r trying to pull. Can a person be held in contempt in a mtg foreclosure lawsuit. If the homeowner is speaking the truth
In a normal tone, how can there be contempt?
When I sent a letter to the judge in the CRIMINAL complaint against ME, just trying to explain my predicament the response was pretty chilling, basically warned that sending letters could get me in trouble after I reviewed with public defender. The City’s manipulations could be seen as they filed lawsuits on everybody BUT CHASE. I kept at it and now they filed last week, who knows why now. I’ve made a contact in the City Attorney’s office so we’ll see how it goes.
Can u be more specific about chase claiming u r an Internet “crazy”. That sounds crazy in itself. I did get a letter from chase saying they would no longer use texting to a customers phone. Go figure on that one. I have never received a text and they absolutely refuse to email at all. I’m sure due to liability. Their customer service is not the brightest bunch
hello LMS
beware of chase phone calls from their mobile banking unit out of Houston texas which is a euphemism for their mortgage default management group being run by s.v.p mike zsarro who uses the law firm morgan lewis and nebius (not sure of the last name spelling) out of Houston texas who doles out all of the foreclosure work from chase.
chase harassed me by phone about 50 times by phone and letter in the month of april and after picking on me in relation to the lawsuit at http://www.chase.mdlsettlement.com they then turned on my attorney here in Vancouver wa near Portland Oregon and harassed him by phone for about two weeks. in my case the harassment started at 7 a.m and ended at 7 at night.
I suspect that more and more chase employees are going t o go berserk and more and more are committing suicide in Europe and here in the u.s.a. as well
and a reg proposal has been entered at the u.s treasury dept to cut of irs whisteblowers who blow the whistle on income tax evasion o n the big banks.
that is currently pending.
the source for that is the national whistleblower center in wash d.c. via email notice.
I had made follow up complaints to the CFPB and QWR responses demanding they explain all the variations of Chase and MERS info etc and made a demand with the trustee regarding homeowner bill of rights/settlement requirements as to chain of title and single point of contact etc. Their correspondence was basically lies on top of lies with example I show on file sharing site.
It’s a long story but all of a sudden the trustee was out of the picture and I was told to only speak to their lawyer in Irvine, CA. The guy made no reference to all my correspondence and said it was all internet gibberish. The emails are pretty comical but in the end he tried to tell me only he could change the sale date and I demanded he prove that he had standing and could act as the trustee and to stop the personal attacks basically. I reminded him he was violating the HBOR as well reflecting no knowledge of my case. Almost as he was telling me the sale date would not be changed I saw on the trustee web site that the sale had been changed.
Turns out they were filing a new NOD after 5 years.
Lo and behold the guy ends up writing some HBOR piece on an industry blog.
Lately in LA area lawyers are actually offering to take cases on contingency. I had a great conversation for nearly 2 hours with a young lawyer but once the office manager got involved it all went south. The guy looked disgusted when I showed him the misleading offer Chase made and tried to dismiss it as too old because he was looking at the note date. The lawyer was pretty amazed at my case but the manager guy almost repeated ver batim what Chase had said that cases like mine are crazy internet stuff. They also basically told me the courts in LA county are corrupt. Basically a bait and switch not necessarily from the lawyers that are trying to do their job but from the main partners and the office managers to bring in the cattle and discourage lawsuits unless it’s easy or a modification.
You’re right it is crazy. It’s as if they will say anything to not acknowledge the facts and stick to the line that all this fraud and lies are all in our head when it’s all there in black and white. I’m sure every one of us has these types of examples if you’ve been doing complaints etc. which has a greater impact then talking abut securitization etc. Of course people need to be educated so they can engage these clowns.
I keep thinking of an article that said agencies, elected officials, judges etc were told that homeowners could not benefit. This is the basic mindset that needs to be changed and it won’t be done in the courtroom.
The other part of this psychological war is that lawyers, judges, the lenders themselves are saying we’re just a bunch of internet crazies. That’s what’s been happening to me the past 2 weeks and I can document Chase saying that.
So we need to make the fraud public and stay focused when we’re making public statements.
Hopefully you’re all not on wild goose chases or you’re not with the banks trying to create them.
hello Chased LA
it seems that uscfpb mr cordray’s agency that takes our complaints via their center in iowa and in the southwest usa are allegedly derailing our complaints to the us cfpb with a little computer trick calling our complaints duplicate complaints. this happened to me twice including my allegations that chase may be committing federal income tax evasion from pocketing our mortgage payments under the guise of loan modification. loss mitigation and / or dual tracking. they have done this to me and I am not even behind and five payments ahead and their whistleblower chase employees have sent me docs to show these allegations may be true.
I would love to see your documentation CHASEDLA and what chase is saying. I have filed criminal charges against chase senior execs that run their mortgage operation with the us cfpb for extortion of me and grand theft and grand larceny of my mortgage payments to pay for their whores. parties trips and more importantly their $ 40 billion dollar legal bill with no legal authority to do so and not paying income tax on these monies. these practices MAY EXTEND TO WAMU LOANS METLIFE LOANS AND BEAR STERARNS LOANS LIKE MINE.
IF YOU WANT TO SEND ME THE CHASE DOCS I WOULD LOVE TO SEE THEM MY EMAIL IS blackvan@yahoo.com
best regards
David Franklin
hammertime
June 20, 2014 at 1:16 AM
Hello David, ol Hammertime here don’t know why it came up ChasedLA. Have you received emails for file sharing site? I’ll try to get letter I rec’d in next couple of days after editing prob over the weekend. The site is the a way to make sure we’re dealing with real people. I’m in crunch time and would be good to know who you’re talking to at Chase. I’m at the core of the onion and it stinks and is corrupt all the way through. I’ll email you again as well.
hammertime
June 20, 2014 at 2:19 AM
This is where I think we fall into their trap. If we can focus on the fact that you are five payments ahead should be FRONT PAGE NEWS! Whatever happened with the investigative reporter you reached out to. Did he see that?
I have started emailing the media starting with Rachel maddow on msnbc.com her email is Rachel@msnbc.com and abby martin of rt.com and rt.com hostess on boom or bust banking show on satellite tv for rt.com.
we need publicity and bugging uscfpr via letters to senate and house banking committee for more enforcement and arrests like when bankers were arrested (3500) during the savings and loan banking crisis back in the eighties.
these guys need to loose their jobs put in prison and their property and assets seized since they were gained from the operation of a criminal enterprise allegedly and all derivative hedge bets and credit default swaps all $ 500o trillion of them cancelled that are taken out by chase andothers against homeowners where chase makes up to 43 x the face value of the mortgage upon possession and eviction of the homeowner through foreclosure using predatory mortgage servicing practices allegedly.
regards
David Franklin
hammertime
June 20, 2014 at 1:57 AM
Great! If we can put together these 3 or 4, more Chase nightmare cases on here together, not legally, but as a publicity project could have a strong impact. I have some local media contacts and there is great coverage on Bloomberg. I’m reaching out to one of their reporters.
If we can get this together can approach 4closurefraud and other groups.
If we get the facts out there, as in our cases, pressure will build. Cantor lost because of his opponent’s focus on cronyism not just about immigration. We need to knock over a crony cow on the Democratic side!
I believe that is one of the judges with a alcohol problem. You can always use that as a defense. I think she is off the bench and in treatment. Tom. We do need monitoring in the courtroom. Witnesses are always advantageous especially in this crooked mess.
In Florida courts, all foreclosure cases must be tried IN OPEN COURT by a judge – no jury is allowed, unless there is a counter-suit in which case the judge will bifurcate the cases.
Judges are allowed computers but they MUST be off to the side in front of them so they at all times can see the plaintiff and defendants podiums. The public is, by law, allowed to watch EVERY part of the proceedings except for sidebars and chambers issues which are to be procedural ONLY..
During the defense of the case, the judge was GLUED to her computer screen and clearly reacting to and interacting with IT.
There were seven witnesses.
THIS is why we need to get involved with others cases as well as our own, and be activists on behalf of ourselves as well as others…
Bobbi Swann….I would like to connect with you as I am in Pinellas County Courts as well and Judge Pamela Campbell facilitated false and forged documents from an unknown bank allowing the foreclosure to be obtained. She is beyond unethical…there was never one hearing…just her own order to go to Trial? People should know that they will not get a JURY TRIAL because 12 American’s will see the fraud and rule against these unknown banks stealing our homes. Nor are there Court Reporters and trying to find one that does not work for the banks is beyond difficult!! We are being so screwed by the very system we were taught to believe will give us the Justice our constitution entitles us to!! please email me at elyse@gte.net
Lyynps – You will never get a jury trial on a foreclosure here. For one thing, it is stipulated in your note and mortgage as non-jury trial. Second, foreclosures are civil actions while jurys are only for criminal actions (at least in Florida). I am sending a motion that was filed in another case against this same Judge for misconduct and removal from the case. It reads just what happened to you. There is a court reporter in the St.Pete central court house now being used and you pay dearly to get it transcribed. There isn’t one in Pasco especially if you have a hearing in front of the Judge and it’s in his office. I have found that somewhat against the Rules of Civil Procedure but going through the FL statutes is like trying to find a needle in a haystack and so far I’ve not found anything to the contrary. However, if you turn around and file suit against the bank in a higher court (criminal charges) you WILL get your jury members. I do believe that filing for punitive damages, etc. will also fall under the criminal courts. Look for my email.
I spoke for over 30 min yesterday w one of MetLife’$ Corp attorneys. …he called me back and I told him everything…..even the $# I would accept as ‘settlement’. It was a big number…..’zilla big.
Si…..we are winning. He was very clear to me that MetLife is ‘no longer in the banking business’….life insurance. ..annuities. …etc….but no mortgages….no bank accounts….they were caught.
Chase has all metlife loans now
And are being foreclosed on by chase fraudulently
Regards
David
Angel
June 19, 2014 at 1:01 PM
CHASE/JPMORGAN=EVIL,liars,thief’s,100%in front of the destruction caused to destroy ”American Dream”they are giants using our backbones,sweat,sacrifices,as their legs to stomp us into utter chaos while stealing all worked for,,,2big 2fail???I BEG to differ!!!!!2 GIANTS being fazed out,Freddie/Fannie because of people like us:-) all evil will come into the light,& we will SHINE:-) ANYONE,EVERYONE dealing with chase,dissect EVERY piece of paper to/from them,,the ”fraud”is everywhere,they WILL contridic,& overwhelm you in nonsence,keep everything,– USE THEIR WORDS/NOTICES AGAINST THEM…paper trail,paper trail,paper trail!!!!!!!!!=====better defense/ammunition….I’ve been fighting chase now since 2010,& honestly I’m just getting warmed up:-) & what I’ve came to realize,NEVER,EVER,EVER give up/lay down,,,I was ”wronged”on soooo many levels of pure deceit,I’ve felt a ”flurry’ of emotions,including ”oh no they better dont”’2 FIGHT FOR MINE:-) there is NOTHING good about chase,NOTHING!!!!so if approached as a 1st time buyer on which entity(bank)& chase appears,RUN….don’t walk away,RUN,,,HOMEOWNER’S in today’s world/ways are/will be on the ”ENDANGERED LISTS”/EXTINCT & chase is a main POACHER!!!!!!(
However, one word of warning…in settling, you MUST be reasonable. It must be a WIN-WIN for everybody. If you become as greedy and unreasonable as the Banksters, you are no better than them…
the other part of the problem is to divest ourselves of the two party monopoly running the government and courts – so run or recruit good people for office and support true independents and work hard to get party-voters to join you in the effort !!!
I would like to see party registration numbers going down to <bLESS than the number of independent voters in every State if the nation – who’s with me on THIS !!!
Tom is this your first modification. Yes beware of the final modification papers as they add on so much on the back end and try to refer to it as principal. They will steal every last cent of equity you have in your home. It’s a joke or they think we can’t read. I am still waiting to see the result of this class action. Chases attnys are trying to set for trial They r trying to weasel me out of this settlement. Of course I have no intention of letting that happen. Their so called delinquencies that they want to stick on the back end of my loan better disappear or they will once again be in breach of an agreement. I will contact the judge. What good is any of this if the homeowners r not benefitting.
CONGRATULATIONS !!! We here are having success by PUSHING PUSHNG PUSHING.
Our GREATEST WEAPON is DOCUMENTING THE TRUTH…the bastards head for the hills when it looks like a low flying cloud is hovering over their heads !!!!
DON’T STOP NOW
remember…a Grand Jury would be GLAD to see and hear your case and documents..thats where ALL of us should eventually get in front of with this…AND the media of course
i noticed in court yesterday, Brevard co. is doing the same as bankers with their judges, rotate them untill no one knows what is going on so they can snow job the whole court system with” will they did borrow money.” there is no justice
Tom Heinrich
June 19, 2014 at 11:30 AM
Actually, rotating judges is very good for us !
It brings fresh looks at what’s going on…some of our best victories have been where these new judges look objectively at the facts and at the law and apply it CORRECTLY !
AND when a judge is rotated, it can mean they have been caught at wrongdoing. Remember I filed SUIT against the judges of Broward County and a specific complaint against Judge Imperato for playing on her computer instead of paying attention to what was going on during the defenses presentation of their case – which the plaintiffs counsel agreed they screwed up and they had no case – even though Judge Imperato found in favor of the Plaintiff after the defense rested. What an insult of the legal system !
IT SHOULD BE OUR GOAL to install court watchers in every foreclosure case in the nation to catch and document EACH INSTANCE of judicial misconduct, and file complaints.
WHO’S WITH ME !
Bobbi Swann
June 19, 2014 at 11:57 AM
@ Tom Heinrich – I don’t know about your court system but here in Pinellas County, FL the judges sit about 3′ higher behind a desk than counsel. Tell me just how anyone is able to see if a Judge is on their laptop or even see what a Judge is doing on the computer or not! Every Judge here has a computer in FRONT of them. Who can see that? And you can’t get behind the Judge or those bailiffs that stand on either side is going to stop and/or put you in contempt. How could you have possibly proved your point “..a specific complaint against Judge Imperato for playing on her computer instead of paying attention to what was going on during the defenses presentation of their case…”????
I would have to be an Idiot to vote for another Republican or Democrat
and so would YOU.
You all know I have done six and a half years of extensive research into the fraud the government and banking industry have foisted upon the World.
Now comes the VERY ugly truth that all the ‘programs’ to ‘help’ borrowers really serve to benefit the ruling clique financially, as did running mortgage debt up to an unsustainable level and then crashing the system…it wasn’t by accident, it was ON PURPOSE.
The “fed” printed the money, ‘lent it’ to the big banks to distribute through puppet originators then purchased the paper and put it in a huge hopper called MERS where anyone could take out anything they wanted and claim it and even CREATE the documentation of the transfer. No one owned the paper, yet they foreclosed to get free real estate and wind up with insurance funds, resell the property and pocket it also and have as many “DEFICIENCY” judgments they are still owed by borrowers with NO PROPERTY.
FRIENDS, THIS IS CRIMINAL RACKETEERING, and we need to insist ultimately that all of the individuals be imprisoned and Americans FULLY restored to owning this real estate and an equitable resolution reached over this artificial, only on paper, debt.
I thought my foreclosure was over, the judge inactivated the foreclosure case and the self-professed servicer agreed to more than according to the HAMP guidelines. Now, just prior to my third and final ‘trial’ payment, it turns out the clique has set it up that those with Social Security income such as myself, have their income calculated at 125% of their Social Security – FAR more than adding the amount of withholding,unemployment Medicare and Social Security contributions to get the equivalent GROSS income of an employed person !!! The resulting payment could be far more than the scheduled payment. PLUS they can charge more than the current prevailing fixed rate, put a huge balloon payment after making your loan a new 40 year loan..increasing the yield on the loan, and COST TO YOU, to FAR more than it would otherwise be !!!
In addition, Wells Fargo acknowledges they have to answer to the Consumer Financial Protection Bureau over my formal complaint but THEY ARE IN DEFAULT OF THEIR REQUIRED TIME TO RESPOND.
Any question we need to dismantle the banking cartel and remove the crooked legislators, regulators and judges ???
You all know I love to do research and discovery and uncover the documentation of the truth.
Anyone liking my help in YOUR matter, I would love to assist in any way I can !
Im fighting chase on creation of loan
I never applied for with a balloon of 313000
Dollars in 2037 no mortgage statements and extortion
Of me to pay mortgage payments teice for same month and year
For nine months and first payments disappeared in chase
Pocket
I filed criminal charges against chase with uscfpb twice
Includimg income tax evasion under federal law
Tom – As an originator you can only gross up SS and or Disability income IF you don’t report that income on your tax returns. If you do report it on tax returns they CANNOT gross it up the 25%. The reason that is allowed is because as a ‘tax free’ income it really had more spending power simply due to the fact that it would be considered tax-free monies. If you do show this income on your tax returns you need to inform the lender that they are in violation of Fannie/Freddie and HUD guidelines. What they probably did was gross it up just to have you ‘qualified’ under the HAMP program with the higher mortgage amount. HAMP does have guidelines on front/back ratios so gross income plays a HUGE part in getting you approved. AND remember with these modifications they are actually adding back in all the fees, accrued interest, proper inspections…on and on with their ‘fees’. The mortgage balance goes up from the original mortgage while you pay interest now on top of (accrued) interest that was added to the principal. That 5-year adjustment is/was in ALL HAMP modifications! It was just that people never read the fine print! They are a disaster waiting to happen….and let’s see since the first ones will start re-adjusting this fall. Most of them will default (again) and 90 days later we are going to have another onslaught of foreclosure filings all over again all across the country. Obama can go on national TV and spout how he’s helped the economy and the people….all the while lying out of his arse! January, February & March of 2015 are going to be critical months. Personally, I think we are headed for another ‘meltdown’.
Tom Heinrich
June 19, 2014 at 12:21 PM
My income is solely from Social Security right now since I was in the mortgage industry and had my savings and retirement completely wiped out in the crash, otherwise my wife and I would still be traveling all over the world as we had planned.
Thus said, you know why I have superior knowledge and motivation on what’s going on. If my income WERE taxable as an employed person, it would be approximately 112%, NOT 125%. I would still qualify and my payment be substantially lower. They ALSO used the payment that was shown on my CREDIT REPORT, which was way too high, THEN they added my HOA and insurance on top of THAT wrong figure, so I have many issues to take to court if we do not work out the proper affordable payment, including filing on behalf of ALL SOCIAL SECURITY recipients that have been put into, or denied, modifications. This is FAR from over !
I have dedicated my life to full-time employing my efforts into making the world a more equitable place for all to live, and that means changing the worlds banking system to be run by good people, not criminals. There ARE MANY OF US, INCLUDING THE FORMER WORLD BANK GENERAL COUNSEL, DEDICATED TO THIS, all over the world…this is NOT a United States issue at all These people finance the WARS all over the World, for the profit of a relatively few people, as they do the drug trade..their goal is to leave everyone, every business, and every country deeply in THIEIR debt. THIS is World War III. I wish EACH of you were working right alongside me and the others in all our efforts. Contact me if you are willing to spend some time on what needs to be done ! Until WE get as organized as THEY are, it won’t change. Criminals belong in jail, NOT running our banking system and governments.
Bobbi Swann
June 19, 2014 at 3:25 PM
Okay, if you worked in the mortgage industry you should already know that the 125% gross up is standard and if you qualify on ratios without it then fine, have them remove it. As to the (mortgage?) payment on the credit report why would that be a basis, why not the promissory note that spells out the P&I payment? If it’s an account other than the mortgage (i.e. revolving debt) for a debt that is being used against you you can simply submit to them the most current statement for that account with the current payment and they will change the payment amount. That is also standard practice in underwriting. HOA, real estate taxes and homeowner’s insurance premiums are ALWAYS counted in the total PITI payment for qualifying. That has not changed in 40 years. You may pay the taxes and homeowner’s insurance outside of the mortgage payment as long as you are under an 80% LTV, yes, but they are still counted in the total. HOA fees are also counted in the payment as they too are part of the overall mortgage payment even though you do pay them seperately. HOA’s have immense power when it comes to properties and esp. in foreclosures to protect their fees.
If these escrowed items is one of the basis for your argument as to the ‘wrong’ payment you may want to consider backing down on this issue. They are correct. Remember, adding those items in the PITI (including HOA fees) could put you over ratio UNLESS they gross up the income. You may want to check your calculations again to make sure that you do qualify without the grossing up.
Tom…..it goes without saying, I am in this war…and it is wwiii…a war on law…courts….property rights….and you ARE 100% dead pan on….there are those who value a balanced and fair tea leaf scale (read: respect for common law…no fraud in the banks)….more than money…..in Asia it is called ‘face’…’honor’….and when you and I bitch about hundreds of thousands of $in losses…..these Asian dragons and Scottish dragons lost tens of billions….trillions even….numbers so large they mean little to the average citizen….and to lose ‘face’ on top of that…..to have received only $6 worth of tea after spending $60000….after being cheated….these kings/dragons/pharoahs….these ‘forces of counteraction’ have convened….are reviewing under counsel. …yes I mean ets…grays….queens…et al….the scales of justice were molested…..and now the FBI is being told to bring in the RICO Teams…..rotating judges is good….if justice is perverted in America…the dollar crashes….if the dollar crashes…..well….the super rich are 30-75% poorer overnight…..the dragon has our uncle sam by the BLS…..in Asia they call it ‘saving face’…..in the United Kingdom….(king dom)…only fair banking scales are tolerated….pound for pound….so without further ado…and ‘I do’….count me all in. What I have is 3-5 hrs a day to spend on my lawsuit and helping others…..if I set up a bank account ‘Bank of the West’ in Boise….and if people can donate to it….I could hire….pay….ask others to research…copy….mail….file…..outsource….I can run w the big dogs but I need a modest budget and some (2-3) helpers….honest and dependable assistants. …I would like to pay them $15-20 / hr….. see where I am going w this……if anyone has a rich uncle who wants to help our cause….have them reach out….divide and conquer sure….unite and destroy for good…destroy fraud for good…for The Good. 777
i too am having problems with Bank of America Acris NYC DEPT OF FINANCE notified me they recorded two documents a mortgage and an agreement against my stolen condo trying to hide a mortgage they issued and flipped to investors from Ginny may;
The illegal flip reads from Frances B Turner a straw buyer to a Patricia Byrnes who i discovered was a worker at MERS
MERS DOES HAVE SOME WORKERS
TITLE RESOURCE GROUP
3001 LEADENHALL ROAD
MT LAUREL NJ 08054
I am trying to find out if RASC Series 2006-EMX1 Trust is still active. I got as far as the SEC Website which states on 1/12/07 a Notice of Suspension of Duty to File Reports form 15 was filed under Rule 15d-6. I called the SEC to find out what that meant and all they could tell me was that after that date they have no idea what happened to the trust or if it even still exists. I need to find out if this Trust is still active. I am currently in an active Bankruptcy and this could help me greatly if I can find out if the trust still exists. I can be reached at 443 677 2799 or jsmith5915@msn.com. James Smith
remember kids….america (the world by defacto) is run by 51% of 33%….the other 66% don’t care….I’m in the other third…. as much as I despise greed, $loth, fraud….I still need some greenbacks and a roof for my woof…Penske won’t take beads…also remember…I helped get 4.2 million a small check…..an insult….collectively it is:is time. Last round so to speak…..give ‘er all she’s got c’pain…. yes THAT story….
Our servicer has filed for foreclosure. We will be served any day now. I am eagerly awaiting the process server to see what sort of documents they submit. I contacted the government agency that owns our note in the past few months but of course the “left hand doesn’t know what the right hand is doing,” as ALWAYS. They said they contacted our servicer for them to send a mod packet, but of course that never happened. So our court battle begins.
Sounds like you’re where I was at in January 2013. Write down everything. Record all phone calls, or better yet, don’t talk on the phone. Make them write, sign and date everything. Chapter 13 will freeze your assets for 5 years, and you decide on the exit plan. File a complaint with the CFPB. File a criminal report with your local FBI. Publicity! Publicity! Publicity!
got my notice to set trial, laughable that “action is at issue” with a so called “verified mortgage complaint” there wont be a trial anytime soon because I have the verifiable facts. Chases lawyers are so crooked, they r trying to push the foreclosure thru, even with the class action still pending. We are supposed to be getting letters to allow us to renegotiate, but the attorneys are still trying to foreclose, another fine example of dual tracking.
tiny tim got us into this catastrophe. ….
im fighting in court…..for america….the buggys comment was a reference to the cartoon…but losing $1m to bank thiefs is grounds for bad karna….year 7…the love letters were burned years ago….. better wake up people…its showtime.
New York……your greed destroyed my country….where were the life guards….???? Sloth….
Breaching as I stare at my Penske moving truck….yes post fraud closure comes ‘do the rental dance tango….time #4 in 7 yrs….FY MetLife…Chase…
So Bravo David….after VA shake up of late…your ‘status’ holds weight….throw it around. Make the counterbalance sting like a ray….each person you listed…w special ‘shout out’ to the Hon. Richard Courdray and Hon Sen Warren…both of whom I have dealt w directly and was impressed w their responses. They saw the tide shift early…..swung hard…and now get a ‘seal’ of approval…..Ms. Warren would make a fine President….or VP….j’sayn…..they are both old school and new school….they get it…..back them….Bernie too.
If anyone knows of criminal complaints filed in any US State (NY?)against Steve Kandarian…and/or MetLife as a Corp…. ..could you please reply.
Oh….so yeah as of 7:56 pm mst in boise I am…
A. Still suing the trousers off of Stevie…and Jamie…..
B. Still crunching out RICO complaints…
C. Still encouraged by Dave and the 7 pts gang….’quoitens for ya buggsy…coi-tains…’
D. Still alive…..v alive.
Again….freedom of info request…Hitchin v MetLife…Et al…Ringert Law…Laura Burri…Realty Royale… get your copy…..take the ride. 777
1♡. ….
Ps…look up The Dragon Family….US Bonds…..hmmm….good time to rebalance….
Bet hard on Warren….Courdray…good people. With integrity….
Monday June 9
“One’s life does not consist in the abundance of the things he possesses.”
Lk 12:15 NKJV
Living for the Right Reasons
I
t is said that in 1923, seven of the world’s most successful men met at a Chicago hotel: the president of the largest independent steel company, the president of the largest utility company, the greatest wheat speculator, the president of the New York Stock Exchange, a member of the President’s Cabinet, the president of the Bank of International Settlements, and the president of the world’s greatest monopoly. Collectively these tycoons controlled more money than there was in the United States Treasury. Now, fast forward twenty-five years and let’s see what happened to them. Charles Schwab, president of the largest independent steel company, lived the last five years of his life on borrowed money and died a pauper. Arthur Cooger, the greatest wheat speculator, shot himself. Richard Whitney, president of the New York Stock Exchange, spent three years in Sing Sing Prison. Albert Fall, a member of the President’s cabinet, went to prison for bribery. Leon Fraser, president of the U.S. Bank of International Settlements, shot himself. Ivan Kreuger, head of one of the world’s largest monopolies, also committed suicide. If the recent economic upheaval has taught us anything, it’s that money brings neither security nor happiness. Yes, God will bless you with money (See Dt 8:18). And He will do it for two reasons: (1) Because He delights in seeing His redeemed children walk in His blessings (See Ps 35:27). (2) Because He expects you to use your money to reach a hurting world with God’s love. If you keep those two things in mind, you’ll be living for the right reasons.
Well the crap hit the fan afyer i filed extortion money laundering
Grand theft grand larceny wire fraud mail fraud irs income
Tax evasion chrges plus fraud against senior and junior
Emplyees od chase bank and thie exec officers twlo weeks ago
As a disabled veteran bu the VA
With richard cordray exec director of uacfpb in wash d,
.c. all related to my mtg loan i never applied for
Chase went berserk again like they did in april with the fed couer case in
inboston against chase
Chase got into it with my attorney on tje phone
I named chase employees in my criminal compaint
Uscfb delivered to chase on D Day Normany invasion
Of europe
David
I suggest we all file criminal charges against our mortgahe servicers aand
Lenders
I sent copies to
Cnn on atlanta
Sen ellen warren
Sen bernie sanders
David, I am wanting to file criminal charges as well…we cannot win in the civil courts…it’s criminal for sure! will you forward the Criminal Complaint either posting it here or email me at elyse@gte.net? Please send as I have all my fraudulent docs out and ready, just need to see the format you used????
david franklin
June 8, 2014 at 7:08 PM
Hello Idy
Pls go to uscfpb.gov
No special format
Follow theirs
Register as well
Send it on the we.bsite in the text area
To Richard Cordray Exec Director of uscfpb in wash d.c.
And no 2 senior exec
Of chase bank
Frank Bisignano and Kevin Watters
Copy to
Sen ellen warren of us banking committee
Sen bernie sanders of us senate veterans committee
If you or your family are affected buy chase and they
Are a veterana
The more complaints like this the better
We need two million of them
David
By us mail not fax or email
hammertime
June 8, 2014 at 11:29 PM
Thx for blazing the trail. Will be my next step as I have more Chase out and out lies. Interesting twist is City filed lawsuit last week. Also made contact wit local candidates so will see how it plays out locally. Let’s keep pushing from all sides! See Gheitner interview to get blood boiling even more.
Angels LOVE fighters…..don’t worry…what they stole will soon be returned…with interest. Worldwide interest. I want to host a Beat up the Banker Day….on Wall Street.
Main Street v. Wall Street………asking Hells Angels MC to escort the Trunk Show.
I want to hear those pipes rock FretLife……and Steve Kandarian can pay back this victim of white collar crime…..punk. You will feel me Steve…..you will feel me before you ever fn see me…..like ‘Zilla…..I’ll add God to your name……
Fight Club……if this is:is your first foreclosure. …you have to fight!
Remember WHY we honor Memorial Day….Americans Fight their abusers…be they foreign or domestic….. MetLife and Chase shall be sued….HARD.
God Bless…..
Trevor
My battle began Monday. I will be victorious. I will shame and conquer. Thanks to all who have shared your valuable stories. I hope I may thank you in person one day.
Ray Shelton May 19, 2014 at 7:49 pm
If you are being foreclosed on By US Bank and or SN Servicing ( Please No Other banks or services please) Please check the signatures on your deed in your county clerks office, if you are sure that forgery or falsification of your documents has taken place then call me ASAP we are going after anyone who has wrong us by forgery and or uttering forgery under the RICO ACT. This is happening now 2014 Please join us. call 352 274 8467 Ray Shelton
#1. Did A Serious Crime of forgery and Uttering forgery take place by US Bank and their attorneys against you ?
#2. The OCCs Cease and desist order signed by US Bank and its Board of directors specifically says that US Bank and its third parties ( Servicer’s and attorneys) will stop this kind of criminal activity immediately and make restitution, but they have only escalated their activities of illegally taking homes in Florida via Forgery and falsifying documents etc.:
MEDIA STORY LINE. A Well known highly respected Florida Notary and his wife who witness the signing of a deed and mortgage have come forward and signed a statement sworn under oath that the signatures on a deed and mortgage were originally signed in Royal Blue. They even went to the Marion County Clerk of the Court and had another notary witness the fact that they viewed the recorded deed and mortgage that was submitted by US Bank and then witnessed that the documents were not sign in Royal Blue. But in fact were signed in Black. It is clear by any reasonable person or most important by Law Enforcement and our Judges, that after US Bank claimed a lost note status for a couple of years, they had no choice but to forge the deed and note in order to have standing in court.
The Shelton family is being illegally foreclosed on by US Bank who has already paid out multi million dollar fines, but no one has gone to jail. Who is actually committing these crimes? Was it DocX or LPS or is it their attorneys? This needs to be discovered and prosecuted by the Feds because it is a very serious issue that is costing the American public billions of dollars in loses. It apparently doesn’t matter to US bank that the homeowner is right or wrong because no normal family can stand up to the money that is used to win by attrition against a homeowner. Who will protect the public and stop the destruction of hundred of thousands of families lives all across this nation?
This is also very wrong because Us Bank and their attorneys may be undermining the integrity of our entire Justice system and the American way of life as it is known today. Will it end up that it is ok to forge our most treasured document without any prosecution by our government? This is becoming a crime wave that is unparalleled in history and America must stop it. Have Multiple interstate crimes been committed multiple times By US Bank and their attorneys ? Should these issues be considered within the Rico Crimes Laws. US Bank has not stopped their behavior, are the fines way to low and they just don’t care because the numbers prove that they can still make huge profits by continuing on the same path? Where is Law Enforcement? Where is Eric Holder? Where is OBAMA???
The Shelton Family didn’t discover the facts about the forgeries until they had already lost in every court even the appeals court. Now that they found out and have proof of forgery shouldn’t all the other ruling be null and void? The Shelton’s are filing a Civil Criminal Lawsuit against the attorneys Andrew Braaksma and Paul McKenna and another Civil Rico law suite against US Bank and SN servicing.
The Shelton’s have filed a bar complaint with the Florida bar against Andrew Braaksma out of Miami and his partner Paul Mckenna for Uttering Forgery and other reasons to be announced. They have also filed a complaint with the FBI and with the Florida Attorney General. They will soon ask the Office of State wide prosecution to take the case. There will also be some press conferences set up to expose the Miami Attorneys and US Bank. Shouldn’t this case be moved up to the Federal courts and demand relief and for the prosecution of the Miami Attorneys and US Bank? To join us please call 352 274 8467 Ray Shelton
If your looking to try to make a difference in the coming elections press into Sid Kroft of 60 minute Overtime to see what they know about the PAC slush Funds and who is giving what to who.
.
Mark
one thing i have noticed in all my years of fighting corrupt judge Alice Schlesinger, even though Astoria Federal S & L admitted the bank never owned my two properties when they auctioned them off and they stated it indemnify indemnify indemnify they did nothing to help fight for justice
for me. They sure weren’t like the Hero Cat that flew into help.
But I do see a lot of plants being sent on these web pages to interfere with our fight like Christine.
The link to foreclosure listing site? Just a way to monetize the site. Nothing wrong with that since they raise awareness. I’d also ask does anyone look at their depositions section. And you also have regular foreclosures, investor foreclosures, commercial foreclosures that can be an option for those even in foreclosure moving on.
Whoever it is that mentioned that going back to a judges alma marta to show what discraceful ruling he or she are making against our Constitution makes a good point as well as going to William Foley’s alma marta of West Point to show he is ecstatic in having destroyed the title industry and the country land records for the people of this nation.
It is not the questions you are asking that counts. Its the integrity to the people you are asking them to that counts and the results.
In my case ML v Astoria Federal , in the US Supreme Court case Elliot v. piersol it was ruled if a court has no jurisdiction when they sign a judgment they have no authority and it is null and void ab initio (from the beginning) a nullity forever passage of time cannot change an invalid judgment into a valid judgment. BUT when asked Judge Alice Schlesinger ruled against the US Constitutional case Elliot v pierson and made up her cockamamie answer so it is not the question…
FnA…… hold the JUDGES accountable….Lord knows 2/3 of them need to go to pasture….they are so corrupt that it would be a gift to the world to expose the filth. No Judge 50yrs old or + wants to be labeled a fraud……w Senate Banking Committee s being looped in…..I say Xpose….Xpose….Xpose….call the Deans of Law Schools…….ask if they hold their alumni accountable when ‘oooopsies’ are made……shame works too….in my case….Federal 4th Dist. . Judge Bieter (our abusive Mayor’s brother…..I know…play theme for Deliverance….low volume)…DID NOT EVEN SHOW to his own courtroom…..he fn dialed in and awarded it to the Bank Robbers….who were also the Bank Lawyers….they use pawns… I had $65,000 in hand….suit n tie on….and FretLife wins……fk fraud…..SO…………..I now report to the World….Laura Burri of Ringert Law in Boise Idaho is being reported for allegations of illegal activity….abuse of power…perjury….THE WORKS……by the time I am done reporting/suing that vipor….she will wish she had chosen a different career path…… JDs are such proud people…..that is until they are not….or shall I dare say….until they are caught!!!
In home ownership…as in war…my enemy’s enemy is my friend….FretLife n Co…my enemies…have MADE many enemies. …I have many ‘friends’…SO making a YouTube short film….will begin to tell the real commercial/story of how cartoons (snoopy) is used to pollute the system…..like the Letter ‘A’…used to sell antidepressants. …you know…the Ambilify poison…and the Doctor w a thick tie 4 ft long…..and the sad lady smiling at sesame street characters….they thought us all fools……until the bear trap slammed shut on their willies….”zilla said he’s taking this all the way to Hong Kong…..will he? Bet your lucky☆s he will …..nobody puts baby ‘zilla in the corner….nobody.
We are stronger together and I don’t mind helping where n when I can….my shattered American dreams can still be used as ra material….for a collage….a warning to future citizens. …there is value in recreating the accident. ..the fraud…the dirty judges…..the Judicial System needs a Caddyshack Cleanse……dump the chumps…dump the chimps….throw bananas at them…watch them slip and fall…..on their own lies……
In the future…..lawyers who lie to ghost judges and ghostly defendants will be ostracized by their peers….will not advance….will be disbarred….will pay restitution. ..will, well, they will wish they had paid attention to the ethics portion of their ‘education’….better UCLA School of Law provide the warnings BEFORE they graduate….in the real world….ethics lessons are much more expensive……watch me charge for tuition….for schooling the bums….FIGHT ON! 777
If we get together we can have an impact on local elections in southern CA where a number of county supervisors, county recorders and judges are running.
I constantly read everyone here is looking for FAIRNESS, and for someone ELSE to do something to help you. BOTH WON’T HAPPEN. YOU have to use THEIR system to FORCE
you getting something acceptable to YOU.
It IS a rigged system…so what are YOU going to do about it.
Here’s what works:
FILE PLEADINGS, MOTIONS, and DO AGGRESSIVE DISCOVERY
FILE EVERYTHING YOU UNCOVER WITH EVERYONE YOU CAN..starting with legislators
ASK THE COURT…ANY COURT..to order the lender and servicer to provide you with what you are entitled to under regulation, law and existing court orders (they will have NO idea of what you are talking about and HAVE to provide you DUE PROCESS AND FULL RIGHT TO REDRESS
GET THE OTHER SIDE TO STIPULATE TO TAKE EVERYTHING OFF CALENDER WHILE THEY COME UP WITH ALL YOUR CHOICES OTHER THAN THEIR HOLDING A FORECLOSURE SALE..once they know you will NEVER allow them to have good title, they SHOULD be willing to agree to a workable alternative. THEY WON’T STIP ? THEN ASK THE JUDGE TO ORDER ALERTERNATIVE DISPUTE RESOLUTION IN LIEU OF TRIAL. HAVE A COURT REPORTER AND MAK SURE YOU MANIPULATE THE JUDGE INTO REVERSIBLE ERRORS. Meanwhile, increase the complaints and demand for damages against everyone else. Draw them all in. NO ATTORNEY WILL DO THIS FOR YOU…you have to…just as no attorney will want to handle this of complex of situation, the other side won’t either…keep making it go deeper…the court will wish to bail out because they do NOT want you setting precedent…the cases we’re winning have GAG orders as part of settlements FYI.
Last few weeks have resulted in several out and out DISMISSALS here in Broward !!
What are each of YOU going to file next. I’ve gone to FEDERAL court for Declaratory Relief.
Meanwhile my pending case is deemed inactive in the Broward courts… one of very few cases from 2008 that have not been disposed of.
Send duplicates of everything to Joseph Smith, Jr ( Mtg Settlement Director ), The CFPB, House and Senate Banking Committees, the FBI, Justice Department, your Congressperson and two U.S. Senators, State AG, Fox News, MSNBC, Reuters, API, WSJ, CSM and your local TV stations and newspapers. You should have PERSONAL CONTACTS with someone at EACH.
AND — USE SUBPOENAS liberally, and make friends with a local Court Reporter who can hold Skype depositions. I guarantee you…they will NOT want to continue dealing with you and the gigantic MESS everyone else is required BY LAW to, and will have to, figure out (as to what all everyone has done WRONG…and its a LOT)….if they refuse sue them as well. FILE FILE FILE
ASK ASK ASK.
Now what are each of you going to
!) file next with the court
2) request in writing the ORIGINAL LENDER, current bank, servicer, investor, MERS, and all their legal counsel do
next
…list it here for everyone AND lets get REPORTS – post whats happening currently on each of our matters and what is scheduled and when !!!!…here’s the problem I constantly see…defendant borrowers are not NEARLY as informed or aggressive enough..
FYI, a judges comments should get that case dismissed and the judge referred to your states judicial qualifications board for disciplinary action.
No youre NOT trying to get your home for FREE ..THEY are, Your Honor, I just want what protections and remedies I’m entitled to as “a matter of law”, don’t you agree I’m entitled to that, and that your Courtroom should not be used as a place where Corporate Crimes are committed ? What stocks do you directly or indirectly own and where do YOU bank, Your Honor ?
Oh, and I have a Disciplinary action against Judge Cynthia Imperato in Broward’s 17th Judicial District Court for improper behavior…she was already in hot water – see what happens
Tom, can you suggest a sample list of Interrogatories and Production Requests? I’m pro se and the judge is allowing me a “peak behind the curtain” via Discovery. Thanks.
I agree that it’s very likely settlements are occurring left and right with no discussion clauses once they are signed. Yes, we should focus on using THEIR system to get relief but for new people learning THEIR system it takes time and takes hundreds of phone calls, letters and hrs of work. Very few are going to get relief with a few calls, a few QWR’s, an attorney working 10 hours for you. That is the sad reality we need to express first. If you’re not willing to put up a good fight for YEARS you might as well give em your house now.
hammertime
May 18, 2014 at 4:39 PM
You and Tom are making good points it’s a matter of working together and on all fronts. Individually it’s nearly impossible but it’s been done. Those that have been burned aren’t going to have much faith in filing actions while those of us that have been at it for years can help others starting out. Along with filing actions we have to make our democracy work for us as Tom is suggesting although filing a court action may not be the right starting point for some. After these past few years you can get more information from servicers etc and there is probably a year or less that we can have input. For a person raising children, caring for others struggling to survive it can be overwhelming. If we coordinated enough to get the homeowner message out and got our evidence out in the court of public opinion could make a big difference and shine the light on what’s going on.
I want to do this. I will go this week to court to file my motion. Tom I will follow your guide. I know i have tried filing complaints but they just keep transfering stuff around. I want to know if their is a template i could use.
Update on potential contingeny lawyer/short sale fraud, scam – LIVE
The rep sent me retainer but nothing on the short sale program. I told him I will try to stop the sale other ways (besides short sale since I don’t acknowledge JPMC’s authority etc) and for them to review my material for HBOR, quiet title or other action.
Basically the response was if I don’t act NOW I could be accused of being a squatter! As to questioning JPMC’s authority I need to know what I’m talking about! (although I sent a few archives that appear to show I know what I’m talking about)
I gave them til Tuesday to review my material. Is there an Attorney General in the house?
To clarify and see if anybody has any experience with this. I’m standing firm on not acknowledging JPMorgan as the investor/servicer and view any modification application or short sale application as doing so. CA cases clarified that negotiation in general is considered to be an “application” in terms of settlements, I recall. Chase had claimed that without a modification application they didn’t have to respond etc. I also recall that the settlements require that servicers provide a way to exit the property, such as deed in lieu. Not clear if you are acknowledging their authority in this case or if settlements allow you to exit without giving up your rights or claims under settlements.
Big problem with settlements is that authority or clean title is addressed as any other item when it should be the first requirement where all others follow IMO.
can you post the most senior name and # for your contact at the bank…I mean mob.
I will call on your behalf….put it this way….metlife went down bc of me…my bark has bite…im more agressive than larry wasden…idaho’s worthless AG….. 7 yrs of abuse and its still fn going on….jesus….our AGs ALL suck……leave a number…..email me your account ref #….trevor.hitchin@gmail.com.
Use the Force hammer……can u feel it?
(me too)
hammertime
May 17, 2014 at 8:41 PM
Yup…the hammer of God, truth is winding up whether we see it or not. I’ll be in touch. If they don’t respond this week in good faith, city, bank, lawyer I’m getting it all out there, no back door settlement. I’ve gone through every path by necessity or fate so there’s alot to get out there. If we coordinate and do it smart it will be good for all of us and our country. Nothing close to McCauley imprisonment and those that have passed on while waiting for justice but all the lies are there no matter what the bought off courts or laws say.
THE $6 MILLION WOMAN: INTERVIEW WITH MARY MCCULLEY https://4closurefraud.org/2014/05/15/the-6-million-woman-interview-with-mary-mcculley-freemarymcculley/
just read a very crisp analysis of life in the foreclosure fast lane…complete w crashes…false arrests…fraud here…fraud there….I get it…I guess have ‘000s of pages…hours into this….and ÷ by $6,000….my portion of Independent Foreclosure settlement. ….. I got ‘paid’ like .27/ hr ….. and lost $4 – 500,000 In equity…my credit score…my ‘standing’ in the community….plus plus plus…..
But here is the point(s).
1. It is not over….the fight…so I will not say I have ‘lost’….they stole…I’m stealing it back….tit for TaT
2. I helped in 6 yrs of hell raising…I helped MetLife Home loans end the abuse….pay zillions in fines…..and hopefully helped SOME victims some of what they l Iost…sure most of the ‘soft settlement’ went to ‘consultants’….Rust….and lawyers….but it set 4.2 million victims up for success in the courts….we never ‘gave up our right’ to claim in the Courts….so….having already admitted to $50 million in payments to victims should help a judge or jury see the fraud….think of the 13 Bank Settlement as a black light….it shows the mess….
3. My point last week about filing a Police report is a way to capture the loss…albeit only on paper….for this month….and then send THAT report w a Demand Letter….folks….the tide is changing in our favor…..Trust on that…when untouchables start getting touched….well…that Demand letter and Police Report just may change their tone…..it is the path out of hell I must walk….come along….if you so choose… peace all….watch the Eagles doco….there are moments to stand as a white buffalo….to hold your ground…this is one of those times. Make the po-po take the report…..then get a copy….9/no Step Program. 777
Been looking into that here in LA. With added twist of city government. Going to wait on response and will hit on crime, possible corruption reports. At county level can do judicial complaints that Tom mentioned as well.
THIS IS A TEST – Deal or scam? In So Cal lawyer offering contingency representation. 33% if settled before 90 days, 40 % if w/in 90 days. Only pay for filing costs. Sales pitch is need to apply for short sale program to stop sale. Separate item in retainer agreement for expenses but supposedly nothing out of pocket besides filing. (Want to see if we see same issues with this but want to see initial reactions)
The normal contingency is 33%….so the fact that he changes it due to when he can accomplish whatever is a red flag to me…if you are as good as you proclaim to be, or as smart as I need you to be, you would realize that it is better to offer a deal…say 27% if it takes longer….because truly if you are good, it should be easy for you to get the job done…therefore truly earning the extra percentage.
…and here truly is the truth of the matter. There are very few cases, and absolutely no mortgage fraud cases that would ever take 90 days or less…so to me this is a pad the pocket move for some not so great representation.
Only my opinion…
hammertime
May 17, 2014 at 4:28 PM
The other thing your post raised was how we are hearing that there are case settlements we don’t hear about. I have to think that with the extreme cases we have on here they wouldn’t want the bad pub. But that would be in normal world since the lawyer management won’t even look at as they’re going by script on a formula for their business model. I met with a group and they brought in a lawyer and they were impressed with all my info but in the end they brought in this officer manager type who basically muzzled the lawyer! So we’re also fighting the business model that they want volume or a short sale payoff. Hopefully I’ll email you today.
100% scamster lawyer seeking desperate people. People who have been fighting 6 and 7 years know NOTHING is accomplished in 90 days no matter who has who over a barrel. The stronger someones feels their position is the longer the discovery takes to prepare a reply and resolve the issues. We can start spouting QWR’s must be replied to in 30 days by law and filings must be answered in X amt; believe me when I tell ya its all BS.
Thank you for the feedback. Good points on their pctg. I was under the impression standard was 40% but the bigger point as you say Sherry is that they aren’t working by fair market principles they manipulate to keep us hostage.
Definitely a scam by Mark’s response. Thought we were being protected by the AG, task force etc? (sarcasm) Kind of contradictory logic when we look at pctg and length of time. It seems their approach is to take longer from my interaction with rep which would work against their pctg or like you say they are charging for desperation; i.e. if a sale is coming up you have to pay more.
I saw usedkarguy picked upon short sale tie in. Their pitch is legal actions are “free” but to stop sale and not have debt on taxes etc the only option is to apply for a short sale program.
Mark, are you saying even now results from QWR aren’t being used in courts or take too long? This is why my thinking is we need to make our cases public IF we’ve done a good job on getting info and force our own settlements until the lawyers and courts open their eyes or the corruption is dealt with.
I’m going to see if they will separate the two (legal action/short sale) and do a “simple” homeowner bill of rights or quiet title complaint which in itself would stop sale.
If not I would definitely put the scam stamp on them.
Mark
May 17, 2014 at 3:47 PM
This forum has definitely grown in the last year in terms of the information and education it has provided to people who are in the start, middle or end of their dispute. I first of all would however EXTREMELY stress to everyone, DOCUMENT DOCUMENT DOCUMENT. I know it’s a pain to record/write down or note all your conversations or work but it’s very important in today’s battle. I’ve tried QWR’s with very little success. CitiMortgage provided one reply stating a QWR does not need to be answered if the servicing has changed more then 1 yr ago. I was being sued in court at the time by Citi if you look to the court documents but one of the 7 dwarfs who it was sold to with forged documents always appeared in court and judges just don’t care or apply the law even if and when it is brought up and proven with documentation.
It would be great if a court ruling could be posted and used going forward as precedent for identical cases but it’s just such a crapshoot now. For me to post saying the law is xyz and this and that is against the law and you should win based on that is not what it is realistic. Judges are not ruling on law. That is one of the sad parts about all this cases.
hammertime
May 17, 2014 at 4:15 PM
There seemed to be a change in responses to QWR first when the CFPB was put in and then when leadership was changed. Servicers are still playing games although I’ve had more response. Then there’s the difference betw those servicers in settlement etc. But what David has been hitting on in a way is that they are supposed to follow up if the law is broken. As far as I can tell in my case they aren’t. But I did get info I had been demanding for over 6 years, blatant lies and signs that their process hasn’t been “fixed”, so worth going through the process.
With the new law on QWR Chase tried to use them to not answer but the actual code contradicted them, as does the code for HBOR that CA lawyers seem to be ignoring.
Been pushing this a little on here as way to share files and possibly build on if you want to send email. Need to get back to Sherry as well but in catch up mode with city etc. http://bit.ly/Si8EL5
@ David
How sad and similar that elderly couples loss of property is too many of us.
As for Bobbi Swann’s reference to me knowing ivent or Stripes I do not know her other from this blog. And what i could see she was on the right side of history in her fight and felt badly that Bob G and Christine worked on a campaign to get rid of her.
David,
its people like you that have our country great and free all these years since our Constitution was written. Apparently more people, everyday citizens have to continually join this fight.
My opinion is that Willam P Foley kingpin of Fidelity Title and its subsidiaries is the organizer and facilitator of all the connecting . parts of this massive fraud He is a graduate of West Point and yet when you connect all the dots between the court, the banks ,LPS Docx his fingerprint is on everything. He has done a good job destroying this nation from inside for greed
.No wonder he is now in the wine business, he can’t live with himself and stolen millions
AG Sneiderman would spend some worthwhile time investigating Foley if he wants an end to this crime wave. .
well here it is about why the judges are so biased against us in court.
regards David
source is authentic.
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Dem Versus Dem in East Bay Con… The Water Tunnel Boondoggle
May 13, 2014 News
Are Foreclosure Cases Rigged?
The financial ties that many judges have to banks raise questions about conflicts of interest and a bias against homeowners victimized by mortgage fraud.
By Darwin BondGraham
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click to enlarge Judges with large investments in Bank of America often do not recuse themselves from mortgage fraud cases.
Judges with large investments in Bank of America often do not recuse themselves from mortgage fraud cases.
In early 2006, as California’s real estate bubble was beginning to burst, an elderly Los Angeles couple, Fannie Marie and Milton Gaines, fell behind on their mortgage payments and received a notice of default from their lender, Countrywide Home Loans. Hoping to avoid foreclosure, the couple agreed to a plan suggested by Countrywide: They would obtain a loan modification provided by a third party, a businessman named Joshua Tornberg. What the Gaineses didn’t know, however, was that Tornberg was the fiancée of the Countrywide employee who made the recommendation. And instead of saving the Gaineses’ house, Tornberg scammed the elderly couple, recorded an altered deed, and extracted $240,000 from the property before walking away, according to court documents.
Then things really went to hell. In August 2006, Milton Gaines died, leaving his wife to battle two banks, a title company, a mortgage servicer, and Tornberg. Fannie Marie Gaines filed suit against Countrywide, Tornberg, and others involved in the fraud. Then, in 2009, she passed away, too, but their son pressed forward with the lawsuit.
The case, however, was tied up in Los Angeles County Superior Court for six years as Countrywide and the other defendants filed counter-motions and stalled. Countrywide eventually reached a settlement with the Gaines family, but the company’s actions, and the alleged fraud its employee initiated, remained central to the case against the other defendants. Further, mediation with those defendants — Fidelity National Title Company, Lehman Brothers bank, Aurora Loan Servicing, and Tornberg — ultimately failed. In August 2012, a superior court judge dismissed the case on a legal technicality: It had taken more than five years to come to trial. The Gaineses’ lawyers appealed, but two Second Appellate District Court judges denied the appeal, tallying yet another victory for the banking industry.
One of the appellate court judges on the three-judge panel that heard the case penned a dissenting opinion. “This case was one of hundreds, perhaps thousands of lawsuits that grew out of the financial meltdown,” explained Justice Laurence Rubin. Writing that he would have reversed the superior court’s ruling entirely, Rubin concluded, “[I]n my view the dismissal of this lawsuit under the circumstances described defeats the substantial ends of justice. Instead, it rewards parties who, it would appear, have played a major and unlawful role in the theft of someone’s home.”
The Gaines case was one of thousands of similar losses by California homeowners in state courts during the past several years. The legal setbacks have demoralized homeowners and their attorneys and caused them to question the integrity of California’s justice system. Some attorneys who have sparred with the giants of the real estate industry say California’s courts exhibit an institutional bias in favor of the banks: The banks are said to be too big to fail and too big to jail.
“My experience was that there was a general institutional bias towards business,” added Donald Adams, Jr., a former attorney who represented homeowners against banks and mortgage servicers during the past six years. “There was a cynicism that an individual borrower challenging a lender’s loan practices was driven by economic motivations only.”
Adams believes that the deference most judges have shown to the banks has done enormous damage to the economy. “Had courts enforced the law against the lenders the Great Recession did not have to occur,” he said. “Many of us were after the New Centurys, the Ameriquests, and Countrywides well before the collapse. Even after the economy imploded, most judges did their best to protect the business interests of the predatory lenders by cynically not wanting to let the consumers off the hook for taking out loans they had trouble paying back.
Homeowners, of course, weren’t the only parties in court looking out for their economic interests. The banks have resisted lawsuits brought under state consumer protection laws in order to maximize their profits from the foreclosure crisis.
But there’s also the issue of the potential economic motives of the judges themselves. For example, the two appellate court judges who dismissed the Gaines case had significant personal financial investments in banks and mortgage lending companies, public records show.
Judge Elizabeth Grimes, who voted against the Gaineses, owned between $100,000 and $1 million worth of stock in Bank of America, according to official records maintained by the state Fair Political Practices Commission. Bank of America purchased Countrywide in 2008. According to the state Code of Judicial Ethics, judges are required to disqualify themselves from any case in which they own stock or bonds with a fair market value exceeding $1,500.
“By the time the case came up for appeal, Countrywide was no longer a party to the action,” Joseph Lane, clerk of the Court of Appeal for the Second Appellate District, wrote in an email, explaining why it wasn’t considered a conflict of interest for Grimes to be involved in the appellate ruling.
But records show that Bank of America wasn’t Grimes’ only large investment in the banking sector. She also owns between $100,000 and $1 million of stock in Wells Fargo and US Bank, and between $10,000 and $100,000 in Citibank, giving her potentially a multimillion-dollar interest in the profitability of the mortgage lending industry.
In addition, Judge Patricia Bigelow, who wrote the majority opinion against the Gaineses, owned possibly as much as $10,000 worth of stock in Bear Stearns, an investment bank that was responsible for securitizing trillions in mortgage loans in the 2000s. Bear Stearns was bought by JPMorgan Chase in 2008. Even the dissenting judge, Rubin, had a stake in the mortgage industry, owning thousands of dollars worth of Wells Fargo stock. And the Los Angeles County Superior Court judge who originally dismissed the case, Rolf Treu, owned as much as $10,000 worth of stock in Citibank.
Patricia Rodriguez, an attorney who has brought homeowner lawsuits in multiple counties, said judge ownership of financial company stocks is just more evidence of the broader justice system bias in favor of banks and against homeowners. “In general, the judges are unfair to borrowers,” she said. “I’ve seen cases where the judge made a prejudiced statement before trial, saying of a plaintiff, she’s ‘trying to get a free house.'”
Potential conflicts of interest have been common over the past six years as the courts have been flooded with cases of homeowners suing their mortgage lenders and servicers. Forty-two of California’s 105 appellate court judges (or 40 percent of the bench) own significant amounts of stock in at least one financial company. Seventeen justices disclosed owning stock or bonds in Bank of America in 2012, the most of any bank, followed by Citibank with ten judges
bear stearns emc mortgage was given to chase for free and chase got 90 billion in tarp money to have it merged with chase. jaime dmon demanded that and the federal reserve owned by chase gave 40 billion to chase and merged it in with and chase never purchased anything
if the did it was the mortgage servicing rights and emc put up a trillion dollars worth of second trust predatory loans from the 80 20 five year arms sold by bear stearns as collateral.
these were in a trust called maiden lane I and II which were eventually sold off to bidders and mine is now with rushmore after chase and nationstar laundered my loan after i sued chase under the fair housing act title VIII 40 usc 24 cfr before us secretary shawn donovan of the us h.u.d. agency region ten fair equal housing opportunity office region ten in seattle, wa. my case was dismissed for lack of evedence bu t the principal investigator john chung a wa state license attorneyfor us hud region then told me that he was ordered t o put the evidence in his desk and not consider it and that is whathe did. he eventually refused t osign the investigative report which ignored all the evidence submitted for predatory lending and mortgage discrimination by emc bear stearns chase and chase mortgage .
if I could have found an attorney or had help fighting from the fair housing council of oreogn in portland oregon or the nation fair housing alliance in washington d.c. I would have won my case but the organizaton in portland above allegedly aided in the coverup of chase’s trillons and trillons of predatory loans by emc chase bear stearns which continues to this day.
I have been in loss mitigation for six years and never been behind or late and chase has allegedly confiscated over $ 100,000 of m y mortgage payments escrow funds and tried to manufacture a default on my three times.
I want chase’s butt in prison it is that simple
here are the four guys i want to see jailed
frank bisgnano jaime dimons right hand man
charles schwarf next in command
kevin watters ceo of chase mortgage lending
mike zsarro s.v.p defaut management grou p jpmc bank columbus, ohio
my local district v.p rob mally
and his assistants TRISTA of salmon creek waschase bank branch inside fred meyers in salmon creek vancouver was store.
David
do you know the illegal connection between the NY County Land Registers office and Fidelity Title that a NY city attorney covers up for a fraud when it clearly documented in my case of ML v. Astoria Federal S & L with the Federal Seal that Federal Court had complete jurisdiction on June 30 1997 when NYSC judge Carol Arbor signed two foreclosure judgments WITHOUT jurisdiction.
don’t know anything about that Marilyn I live in Washington state I just have been communicating with AG Eric Schneiderman who has been very supportive of me and his staff since I am a disabled vet fighting t o hold on to my house despite never being late of behind in my mortgage payments. we have to accept that there is new paradigm out there that is driving all of this in the courts and the banks and their rabid bonus driven attorneys .
in some states like florida foreclosure fees paid by the banks pay the judges salary.
go figure why the judge is biased towards the banks
banks are for rich people and we just have to fact the reality now in America the rick and big corps and big banks are running everything and the us constitution courts equal protection and states laws and legislatures and u.s. congress are just their lackeys all hooked on bribe money.
To David f: Its stated in the OCC merger docs with CHF. You will need to go through the OCC website. I was fighting CHF for five years until last month when they changed servicer and after requesting a QWR from the new servicer, they stated a and identified new creditor, FreddieMac. After that, I asked for an assignment if there was a new creditor. They sent me a newly fabricated unrecorded Assignment of Mortgage naming another (sub)servicer as the mortgagee.
Here’s something you and Hammertime may be able to use :
Chase owns the mortgage servicing rights via the pooling
Servicing agreement not any of the loans themselves
The investors own the pass through certificates
That get paid by chase when chase feels like it a money
Payment based on the tranche formula in the psa for any
Individual loan or loans pool of mortgage payments money
Paid by homweowners
Regards
David
Bobbi Swann
May 15, 2014 at 12:35 PM
@ David – you are absolutely right in your statement that Chase only owned the servicing rights via is PSA. The notes and mortgages under the Trust for that NBS was owned by the INVESTORS as a whole via the Certificates issued. Chase could not sell those mortgages as it did not own them. You are also correct that foreclosure fees in the state of Florida pay for the judges and the reason why there is so much bias and corruption.
hello Bobbi
if and when we can change the fundamental economics ie money made by banks o n these predatory loans tied to derivative hedge bets where chase makes up to 43x the face value of the mortgage on an underlying predatory loan with interest rates that will go to 12 percent in 9 years according to chase oh4 personnel in gahanna ohio
the fair housing act title VIII is already on the books and it bans predatory lending and offical hud policy on their website says they are banned as well.
so the law is already on the books to stop this corruption by chase and other big banks.
they have chosen to buy allegedly the entire nationwide political structure and pack the federal and state agencies with their own bank oriented personnel. and worse even pack the fed courts with bank oriented judges which is now happening in the tacoma ,wa federal court .where homeowners had multiple rulings against banks.
the point is that the banks own the federal judge nominations and appointments to the district court bench and the appeals court bench and supreme court bench and that goes for the state level as well.
it is all about money and that money and wealth is our money and wealth. these guys want it all and will do anything to get it.
best regards
david f.
thanks Bobbi for your comments
hammertime
May 15, 2014 at 3:51 PM
This is where we are fighting accounting,”legal” points in their court so to speak. Securitization, MERS is there and can be argued til we’re blue in the face but it won’t change anything unless you show the fraud in your particular case. To the extent that some of us have shown the fraud and are still denied due process and fair resolution makes this a civil rights issue IMO. i.e. we’ve been prejudged as deadbeats, cannot benefit and the law is in black and white as Garfield said and we’re being denied the application of the law. Separate justice system for us while investors, whistleblowers, govt get their day in court and hit the jackpot. That’s why we have to get it together and quit going round in circles.
Thanks Eugene, Will be good to cross check when CHF stopped being servicer. Basically no excuse for errors or not reviewing chain of title. Some of their definitions also will be useful.
I used to read all federal anf state suits against chase home
Finance emc mortgage and that provided depositions of
Senior chase officials like mike zsarro
I was looking up their skirt and got a partial
Foreclosure chase manual from depo of mike zsarro
Of chase foreclosure default mgt group
Their attorneys are Morgan lewis and NEBIUS OF HOUSTON
TEXAS
REGARDS
AND THX FOR SUPPORT FROM EVERYONE
MY GOAL IS TO SEE THAT CHASE MORTGAGE ACTIVITIES ARE
When CHF merged with JPMorgan Chase Bank, N.A., there was an assignment(unrecorded). It was not by “Operation Of Law” as in the Bear Stern merger??????????????????
Can these issues be resurrected since these “mergers” etc were rubber stamped as the crisis was being addressed supposedly? From the CHF letter the merger was not to do harm to consumers among other requirements.
Chase already has a similar version. It’s the 1100 + pages of the FannieMae and FreddieMac Guidelines. It tell the servicer(bank) how to deceive the court(as if they didn’t know), the county recorders office(as if they didn’t know), law enforcement(at the foreclosure sale bid, as if they didn’t know) and title company(as if they didn’t know).RICO for everybody.
Everyone should read Garfield’s post today. He hits exactly on what we’re discussing and what I’m seeing personally and with other homeowners in my area. Examples:
“This is not rocket science despite the layers upon layers of paper that Wall Street throws at the issue. The simple facts and law governing loans, and secured loans in particular, need only be applied as they were written and interpreted for centuries.
If I loan you money, you must pay it back. If I don’t loan you money then I have no reason to demand you pay it “back” because I never loaned you money in the first instance. If I purchase a real loan for real money, then you owe the money to me. If I don’t purchase the loan, then I have no right to your money.”
“It is one thing to have an executed note or some other testimony of proffered evidence of a loan, and another to show the Court the actual canceled check in which you advanced the money. One document talks about the transaction while the other IS the transaction. It is the difference between talking the talk and walking the walk. Talking about Paris doesn’t get you there.”
“I commend to your reading, the short Hooker Case (Link below) and the Amicus Brief (link below) submitted by laymen for your review and study. While not exactly what we would like to see both provide compelling evidence of a movement on the bench toward reality and away from the smoke and mirrors of the largest economic crime in human history.”
@ Hammertime – I read the full article above and unfortunately I don’t agree with his conclusions totally. He seems to forget that securitization of notes and mortgages, since the early 90’s, changed the face of ownership. If I loan you money and then I sell that note I am paid in full and now you owe the money to that buyer. However, when you apply the various laws governing such transfers if I don’t abide by and do the proper paperwork that note becomes null and void as ownership cannot be validated. He (Garfield) does not seem to apply the rules of procedure when it comes to the transfer of ownership. THAT is where the scheme started and has become a monster ever since. These too-big-to-fail banks knew just what they were doing, creating MERS to sidetrack the law.
Mark
May 15, 2014 at 1:35 PM
You need to acknowledge as well that I seriously doubt the government knows how many Trusts a persons mortgage is being listed in by the banks. Unlike car titles and driving off with the vehicles once I’m sure the banks have your mortgage listed in a backed security multiple times and probably sit around a table passing the bag around as needed. After all no one is looking inside or tracking anything. It would be interesting to know how many banks have been given relief on a certain property in the forms of TARP money or other programs and passed nothing onto the homeowner except a foreclosure. Mortgage I’m working on has been sold 8 times in 4 years.
@ Mark – I not only acknowledge that statement about loans being sold multiple times….it has already been proven in court several times. The banks were sooo lax (or extremely smart to think no one would be the wiser) that loans were sold and bundled to Fannie Mae and then again to Freddie Mac and God knows how many other GSE’s. That’s part of the whole Ponzi Scheme that was brought out years ago and one particular poster on this site who was ‘boo-hoo-d” for her posts around that subject. Marilyn Lane knows her and I think she’s back here on the site, but not certain. Anyway, she is the one point that pushed me to research everything and believe nothing! TARP had no backbone, no responsibility and no real accountability on their part or on the government. The acronym should have been TARR as in tar and feather….because that’s what it did to the consumer!
I didn’t agree w/ his conclusion completely either. I made a post that giving the opportunity to the banks to return to normalcy has gone by. They had their chance and they corrupted the settlements etc.Even so he’s calling people out on not seeing the basics of the law as we’ve talked about which is a change since about a year ago when he was stuck on legalism and basically that homeowners couldn’t benefit. Don’t quote me but it was that same mentality that has the public pointing fingers at us (distressed homeowners, middle class, American workers) and even us against each other,
It’s not that MERS is legal or illegal but the data is wrong! The banks change it and even our credit reports to keep the shell game going while scaring the public, judges and elected officials into believing the world will end if they are called on it.
It’s not just securitization, it’s predatory lending not just they made bad loans to bad people, out and out fraud in the form of lies. It’s not just that they sold a loan over and over again.
In my case there is no trust yet they are referring to WaMu 3, 10 years after the fact. And I have the at least one documented lie on the file sharing that no one seems to want to engage in,
hello
I read part of wells fargo fraudclosure manual
does anyone know what an e note loan is that wells fargo speaks of in that manual
best regards
David f.
uscfpb just derailed my complaints again.then they ship them to the federal trade commission for burial.seems that chase has their friends in the call center in uscfpb call center and processing complaints center in iowa. this has happened to me under the guise of duplicate complaint.one time I got them to resubmit to chase and the next day that was reversed and the federal trade commission got the complaints instead.
seems that uscfpb and the big banks are getting the feds to cover up all the complaints and the state ag’s are not submitting our complaints to the uscfpb or eric holder either and then they never get reported to congress or ellen warren either.
we may have allegedly a huge coverup going on .of all this wrongdoing and corruption at the highest levels of fed govt and the big banks. and the press is looking the other way.
copies are worthless and have technically no legal merit. if they were authenticated as true copiesof original examined by a forensic doc specialist who visited the their vault and gave a sworn oath and notarized legally with the witness nameand phonenumber and address then maybe the copy might have some value.
has to be the original
I agree but this may be when your in lawsuit mode. Anyone correct me if I’m wrong but they can provide a certified copy as a response to QWR for example. That’s when you can review if what they claim is a certified copy matches what you have or is filed in public records etc. Then it’s a different case when you’re looking at chain of title/documents and they claim they paid off loan and filed reconveyance. In that case it is required they DELIVER the paid off Note from my understanding and Chase’s own documentation.
By engaging and asking for information you can put together your own “discovery” and not be at mercy of lawyer.
how can you reconvey or deliver what you don’t have in the first place legally that is
hammertime
May 14, 2014 at 3:55 PM
Exactly! But they don’t want us to question it because it’s been recorded and then they say recording a document doesn’t matter. That was the significance of the settlements and HBOR that they could not record without authority or reliable evidence even if it was the case all along as with reconveyance. In CA lenders insisted that recording assignments etc were voluntary and they could fix. As of now you have to go beyond whether document is legal and question if the debt and/or creditor is valid. BUt the documents are your evidence. Speaking generally, not legally speaking unless it applies.
thanks Eugene
very much
best regards to you
David f.
now to get chase’s version of this manual and submit to irs as a whistleblower
Bobbi Swann
May 14, 2014 at 5:29 PM
@ David f, – Ha! Good luck with getting a similiar book for Chase. The only reason why the WF book came about is because the whistleblower is a court designated creditor, and had access to documents through the official court-ordered website for large bankruptcies. He and his team have scoured through court documents and, to the best of their knowledge, it appears that these issues have not been introduced or investigated by the bankruptcy court.
Unless you got connections like that you would be wasting your time. It surely won’t be submitted as part of discovery by the Plaintiff’s attorneys.
I submitted this to chase executives in chase bank and jpmc,n.a.and all four of their names are identified.however chase’s condu ct is being driven by derivative hedge bets on our mortgages and the feds are telling them to do this to all of us allegedly in order to save the economy.
regards
David f.
dear sirs
this message is for mike zsarro s.v.p and kevin watters ceo and frank bisiagno and Charles Swarf
this request is for a copy of chase’s foreclosure manual which may be similar to the one attached for wells fargo. this is a legit copy sumitted to IRS under their Form 212 whistleblower program
I want all of you to sign the manual as being authentic and send it to me as a JPMC stockholder within calendar days in pdf format to my private email or by usps mail on a flash drive.
if necessary I will do to the board of directors to get this info for which I am entitled.
I also request of all of you the complete list and copies of all doc images in jpg format on the same drive submitted to outside counsel and/or internal counsel and the name of your photoshop employees or contractors.
see attached
david f.black
hammertime
May 14, 2014 at 3:33 PM
Way to go David! Hopefully you’ll get results. There is some pushback as Dimon wanted even more of slap in the wrist and full immunity. People like Sen Warren are listening so we have to keep letting them know what’s going on.
hello Hammer
can you send me that occ/chf list that you speak of. I never saw that post fro m Eugene
or could you send me the link. I want to see the foreclosure manual with chase’s name on it and all of chase’s internal procedures that mike zsarro s.v.p of chase fraudclosure unit spoke of on deposition on another case.
the manual that Eugene sent me speaks of hamp exhaustion remedies being fulfilled guess that is whychase bugged me for amonth via phone and email and usps mail and my attorney as well. they had to b e able to put that I their computer.
this manual has screen shots of the automated foreclosure process.
in my case I applied for HAMP I was told I was approved in 2010 and then that was cancelled by chase and that cost me more than $ 45,000 in higher payments as a disabled veteran on pension from the U.S. V.A.
cant figure out how they can assert that I and chase exhausted m y hamp remedies when they cancelled it to milk me for more money. my payment would have gone down $ 925 a month and I was fully qualified.
regards
david
but this is a wells fargo manual and I understand that chase uses the fannie mae and Freddie mac foreclosure manual.
thanks
hammertime
May 14, 2014 at 6:34 PM
Hello David. this should be the same link as EV posted http://www.occ.gov/static/interpretations-and-precedents/may11/ca996.pdf
Not sure if manual, or whistleblower case will result as Bobbi says but there may be something there in the statutes these letters refer to. If we work as a group and do the research who knows. That’s what Szymoniak did purportedly but then a homeowner was allegedly screwed.
ldynps
May 15, 2014 at 2:48 AM
Did Michael stop posting news on this site as it’s turned into a blog for the past month or so? Anybody know why he has stopped? Did the feds throw him in jail? Seriously??
Bobbi Swann
May 15, 2014 at 1:32 PM
@ldynps – They are still posting. I’ve seen 2 or 3 the last couple of days. Maybe they lost some of their advertisers….these sites don’t run for free and I’m sure it does not pay his personal bills if he loses advertisers so he probably has another job. Besides that, there’s been a lot of downplay on the whole foreclosure debacle by the news media. I commend Michael for his job here, but like all of us, he has to survive.
the Wells Attorney manual is your smoking gun for your RICO claims, as they literally put the racketeering plan on paper for all to see. get it in your pleadings, file motions to reconsider, file new RICO suits if you haven’t already.
can any one help me with some sample pleadings for Florida for punitive damages, compensatory, ect my spouse had a heart attack, going after the plaintiffs we prevailed, . PDF or word file are the easiest for me. What are rulings for fraud to the court for false, and fraudulent documents? what do I do with a QWR that for over 5 years has not been responded to my last communication, it was the second request.
hammertime
May 14, 2014 at 3:28 PM
I believe you have 1 to 2 yrs to file a complaint if they violate QWR/RESPA law. There’s a fine and possible damages. Something we’ve probably all failed to push and why we need to keep filing complaints.
In general and we have to see how this applies to fraud manuals etc it seems they may try to say it’s all part of the robosigning, settlements they supposedly dealt with. As of now it seems we need to show the debt is invalid or harm done. Not a lawyer of course.
I am wondering Why this issue is not being discussed on this site? This is the first evidence of the Manual from Wells Fargo giving the step by step instructions to the lawyers on how to forge whatever documents are necessary to foreclose? It’s the smoking gun for homeowners under attack by Wells Fargo?? Is no one reading it or understanding it’s importance? What gives here foreclosure fighters?
Bobbi Swann
May 14, 2014 at 1:43 PM
@ldynps – I don’t think it’s that anyone here is ignoring this. That hearing is scheduled for May 15th (tomorrow) on the RICO case. This was introduced as ‘evidence’ as well as being filed as a whistleblower case with the IRS. The bankruptcy judge will have to rule on the evidence first at the hearing to let it be entered in as evidence. Unless he does, that portion of it will be useless. However, on the point that it was submitted to the IRS under the whistleblower program with their investigation it may provide the same evidence to be used in cases across the country. I would, however, confirm this all with an attorney as I am not one.
I forgot the biggy on my call with Chase below. I told the rep about the verification of paid off loan at closing. She said she saw they sent me a copy and “what else did I want”. I told her they needed to send me the original paid off Note. She responded they only send copies. I told her that Chase sent me a letter confirming by right they are required to provide the original. She said she would have to see the letter.
Wells Fargo sued chase for not having original promissory
notes
they don’t have them
regards
david
hammertime
May 13, 2014 at 4:55 PM
So far I have WaMu, BAC, New Century tied to that note so who knows. Would be good to check that out for how dates etc line up. Would be interesting to see what SEC/stockholder info has to connect all the dots.
david franklin
May 13, 2014 at 5:28 PM
Cant endorse what chase didnt have im the first place
Respa fed lae says blue ink original promissory
Note stays with lender and or servcer
Thus forgery is only option
For chase and others
Copies have no legal standing since lenders could
Easiy create false debts
Does the Note need to be dated? The Note in our case isn’t, but I understand that’s ok with UCC. Neither the original Note (copy of it) nor any of the subsequent indorsements are dated.
hammertime
May 14, 2014 at 1:59 AM
This where things get screwy. They want to say if there’s a reconveyance filed there’s nothing to worry about. But a reconveyance requires that the Note be returned marked paid and that it reflect the rightful beneficiary, lender and the amount of the transaction I believe. So even a reconveyance can reflect fraud.
hammertime
May 14, 2014 at 3:45 PM
@ k I’ve heard different things as well as to dated endorsement. I believe Sutter’s presentation makes a point but not sure if “legal” requirement. By asking for copies etc I can show that endorsements changed per their own purported certified copies so that could be a way to challenge validity of dates and authority. I’ve never seen an endorsement with a date. Anyone have an example?
just spent 20 min w Trevor of sec investigations (same name)..reported jay me and steven….little boys stealing other people’s american dreams….sec are the pit boss….i’m an honest player wanting a fair game…no more…no less. 777
good for you I hope something comes of it. the last time we all complained to the SEC their whistleblower employee told the press they took 9,000 complaints against wall street and sent them to the national archives to be burned and covered everything up.
regards
David
go Trevor
one of them was my complaint against emc bear stearns and emc chase bear stearns.
Trevor David Hitchin Kaufman
May 13, 2014 at 3:40 PM
that was then….this IS now.
is:is portal open….china in the wings….watching. . .
magic just is….watch them fall…this fall…like magi”C”.
That was funny seeing your and David’s posts. I was just on the phone with Chase Execution office.
Something like this:
CH – we’re responding…sending letter blah blah blah
ME – I was hoping to have an answer on specific issues
CH – What blah blah blah issues? Do you mean new offer considering $5,000 waiver
ME – What? There was a $500,000 forgiveness offer, no waiver, that was misleading since property could not be in disrepair although Chase was aware of City repair issues.
CH – Oh yes read something like that, what issues did you want addressed?
ME – Valid debt, lack of standing, City actions…
CH – (in a huff) Well see there’s at least 6 issues that I didn’t get from your letter, it has to be organized, point by point
ME – Chase has had months, years to address, I have sent numerous letters and attachments to Chase and the CFPB
CH – I am answering your letter will be in mail, if you want to you can fax your attachments and send a new request
ME – Will need to email since we’re talking about years of documents. At this point I will probably have to take action due to pressures on myself and the property. I would ask that you consider the time to respond to letter and postpone upcoming sale.
CH – We don’t give email. We don’t postpone sales to respond to letters. Unless you apply for a modification
ME – As I’ve said I will not apply for modification until the standing, debt issues and harm done are addressed. My understanding per the HBOR is that a modification isn’t necessarily the only consideration.
CH – That is per our lawyer’s understanding. Good day.
ME – Good day!
Also some back and forth on single point of contact requirements, compromise to work together for interest of property, reduce harm done etc.
Looks like it’s time for another CFPB complaint!
Da
May 13, 2014 at 4:39 PM
I won’t talk to them anymore
lawyer thinks they are assailed
like I do
Chase n fed reserve pay uscfpb to
not do any enforcement of us fed banking
Laws
regards
david
David f
May 13, 2014 at 4:42 PM
Thinks chase oh 4 personnel
are a holes n intentional bad people
under mike sparrow Sep n Kevin Walters ceo
I have listened to that bs exec office routine as well.
next time ask them if they are part of the default management group under mike zsarro s.v.p. of chase. or if their internal mailstop is OH 4 or if the are in Gahanna ohio or if the ywork with the following people
joe shea Vicky hall e.j. reed evita clowney’
whoever you talked to is not telling the truth.
sc 1 is another group in allegedly south Carolina
Subject: Attorney General Holder: You said no bank is “too big to jail”. Prove it starting with Wells Fargo.
Hi,
I signed a petition to Eric Holder, Attorney General which says:
“Attorney General Eric Holder: We demand you live up to your words from May 5, 2014, “No bank is too big to jail”, starting with Wells Fargo and its CEO John Stumpf. ”
Signed! Thank you hammertime!
Hopefully everyone who is active on this board, and those who are like and watch from the sidelines will sign it too.
Quoted:
“Attorney General Eric Holder: We demand you live up to your words from May 5, 2014, “No bank is too big to jail”, starting with Wells Fargo and its CEO John Stumpf. ”
All of this has already been done…with having six years of fighting the forged mortgage we also have many more documents (which truly sucks for the bank)..different set of lawyers…right hand doesn’t know what the left hand has done…I have developed a time line that you all might find very interesting…http://1drv.ms/1iL3O2j
SHERYL…wOw….rymes w oooww….this wilk hurt the banksters and help turn 7 yrs of chaos into a 20 min…read this and weep activity….einstein said brk it dwn all the way…but no further…you have..thank you.
A WHISTLEBLOWER CHASE EMPLOYEE FROM OH 4 I GAHNNA, OHIO 614 AREAD CODE JUST SENT ME THIS PAST SATURDAY MY FIRST FORGED DOCUMENT PHOTOSHOPPED IN THE MAIL AND SINCE I TOLD THEM TO STUFF THEIR MODIFICATION UP THEIR PLACE WHERE THE SUN DONT SHNE PER MY ATTORNEY CHASE SENT A NOTICE THAT THEY DENIED MY MOD REQUEST WHICH I NEVER MADE IN THE FIRST PLACE AND PUT A WARNING THAT I BETTER NOT IGNORE FORECLOSURE NOTICES.
SEEMS THINGS ARE GETTING PERSONAL BETWEEN CHASE AND I
SO I FILED A FORGERY COMPLAINT AS A STOCKHOLDER WITH JPMC BANK SINCE THEY NOW ILLEGALLY OWN MY PREDATORY LOAN ALONG WITH ALL THE OTHER ILLEGAL PREDATORY BEAR STEARNS LOANS AND FILED A FORGERY COMPLAINT WITH THEM VIA ONLINE WEBSITE AND ALSO WITH THE USCFPB.
MY WITNESS THAT IT IS A FORGERY IS THE OREGON ATTORNEY GENERAL OFFICE IN SALEM, OREGON PRINCIPAL INVESTIGATOR .
REGARDS
dAVID F.
THANKS TO ALL O FYOU FOR YOUR SUPPORT
AND BOBBI IF YOU WOULD LIKE TO CHASE NOTES ON CHASE PRIVATELY PLEASE LET ME KNOW I WOULD BE HAPPY TO DO THAT.
I ALREDAY SENT THE OCC MEMO YOU GAVE A LIN K FOR TO CHASE BUT iT DOESNT SAY IF THEY ACTUALLY PURCHASED THEM FROM THE INVESTORS. I KNOW WHO THEY ARE AS IN THREE AFL CIO RELATED PENSION FUNDS ONE OF WHICH is boilermakers and blacksmith’s union pension fund in Kansas city Kansas or k.c. Missouri. not sure which and they have a website
now if chase says they purchased the bear stearns loans from the investors then how come the new York AG eric schniderman is suing on behalf of the investors again for a second time chase bear stearns trusts if chase has paid them off. DAH something is amiss.
I have asked chase as jpmc stockholder for cash receipts with account numbers and ach payment stubs for all payments to the investors that did own my loan . but all those loans were extinguished in the alleged merger with jpmcb from chase home finance.
Excellent…like that “document refers to recorded mortgage in the future” there’s a spoof there somewhere. Exactly right hand doesn’t know what left is doing but it’s even more than that when we look at the money flow i.e. playing dumb while they laugh all the way to the bank! Themselves over and over again. It takes some skill to get this done while lawyers want to charge us $350/hr to read a document. I believe Bobbi Swann made the point we need this type of approach and we could take it further with other timelines, graphics I’ve worked on to help others lay their cases out and hit social media. I’d like to review some ideas if you’re open to it. You can send me an email here http://bit.ly/Si8EL5 Thanks!
If my work helps anyone I am very happy….this has been the longest, drawn out debacle of my life and if I can save people some tears and heartache…I’m game 🙂 my email is mortgageforgery@gmail.com 🙂
I had Abstracts done on my two properties when I bought them
Npw that this massive fraud has been perpertrated on sooooo many of us, we have a bigger base to fight back. We are getting older but stronger. God forbid any of us go, what powerful entity will
perfer to have the property in their names and for their use than the Banks, Title companies or judges?
Yes we have the base and the proof and the admissions. We have to get officials and your “average American” and the rest of the 95% of homeowners on the sidelines to get their heads out of the(their)….sand!…???
Good Luck on filing any fraud complaints with the Law…My experience was the Police, the District Attorney, the FBI and Secret Service could care less…I was shocked. Again, there is no justice if the law breakers are the banksters!! Don’t waste your time. File a lawsuit and file your own evidence to prove your Causes Of Actions. Then the banksters have to prove the evidence. You have somewhat more power as the Plaintiff….just sayin….
That’s the catch 22 though if the judges etc are bought. Not doubting you since I’ve seen this with local officials and even non profit lawyers don’t even know what the homeowner bill of rights says. But there have been changes and have been wins. Were your judgments before settlements, HBOR? What Tom and I have been pushing is working as a group and that’s not getting across and looks like Tom has disappeared and isn’t returning calls. Wee need to build pressure and get “discovery” before taking court action IMO although for some of us it’s been out of necessity and the settlements were supposed to provide some due process that’s been corrupted. As Marilyn is saying the base is there to put public pressure on if we can survive and then get our act together.
chirp….chirp….. china h8s fraud….china h8s jay me…..china h8s lil stevey….fretlife…
china ♡♡♡♡♡♡♡s ‘zilla…..dragons are cool….except when they’re on fire…
serving small bowl of piping hot alphabet soup:
DAs + FBIs + PDs + SS are ‘privately’ meeting w men in black….they are having the $t Xplained to them in back rooms….they are getting ‘reprogrammed’….to cuff/stuff the big dogs. If the 1st warning fails to bring rapid tidal reversal..read: fails to calm the dragons of the East and West….then come the greys…..xfile shhhhhh……t…..a warning should suffice….’a visit’…..my bad…not a warning…not a threat….more like an ‘introduction’ of sorts…..all part and parcel to this….our collective battle royale du ‘star wars’. Good wins. Spoiler alert…..
agreed David abusive cops….corruption central…to be crystal clear….I suggested going to Police for Paper and Procedural evidence…only … it takes 14-21 days…costs about as much…then you can take a copy and send w demand letter to each party involved…collusion/collision….this DEMAND for payment must be made before civil court…30 day window…then file.
‘your honor….our client…FretLife would have paid trevor $33 million but he never asked……’…nope.
Ps….. you will then see IF your locals dics have the right/wrong Stuff….plus you will feel better….trust me… 777
Going to courthouse to get copy of note and mtg. Can’t wait to see what the note details. Albertelli law. Bunch of thug attnys. I always see the same attny running by the 2 courtrooms and always has a snarled attitude. They hate when the homeowner shows up for court.
You can still sure them in court under that premise. I mentioned before you could do it as a ‘countersuit’ under the present one for the unsecured debt. That countersuit would allow you to bring into court the ‘mess’ with the mortgage fraud.
That’s exactly what I want to do…just trying to get it through my attorney’s head…who cares about the blue ink note….the fraud is in the original assignment of the note…as this timeline shows (http://1drv.ms/1iL3O2j)
Call again, and again. There’s a phone number that will connect you with a live person during business. Did you check your county register’s office to see if there is a “satisfaction of Mortgage from MERS.”
I couldn’t get a hold of a human and the automated system tells me the same as the website…there is no evidence that this was a Mers transaction outside of the fact that it is on the Corporate Assignment of the mortgage/note….so they can just throw that name MERS out there and it not be actually registered….that’s just one more log on the fire…although I don’t need to prove this I would like to add it to my arsenal…
Bobbi Swann
May 12, 2014 at 2:16 PM
@ Sheryl – file a QWR (Qualified Written Request) to the servicer. In that letter request all copies of assignments, loan numbers, trust agreements, mortgage-backed security agreements, mortgage and promissory note. Make sure that you send that letter in a form that they have to sign for it with a return back to you. If they don’t respond, you can file a report with the CFPB (Consumer Finance Protection Bureau). Keep copies of all that you can present in court to the judge. And follow up should you have to file a complaint to the CFPB!!! Demand answers!
That just shows how screwed up all these property records are for someone to get away with recording a lien and the bank paying them to get a clear title. The chain of title is broke and like you say stealing the house is truly the cover up. That person must have worked for someone in the mortgage industry and had some kind of inside information
This is unbelievable! How’s this any different than what banks did to us. Just substitute Moskovyan for any bank and the type of docs.
“It is alleged that between April 2010, and June 2012, Moskovyan committed numerous sophisticated fraudulent acts of various types throughout Los Angeles County. Those fraudulent acts allegedly included the following:
1. Moskovyan identified real estate properties that were scheduled for tax lien sales by the Los Angeles County Treasurer and Tax Collector’s Office. Moskovyan then recorded forged Grant Deeds at the Los Angeles County Recorder’s Office transferring ownership of the properties from the rightful owners to herself. She then filed claims to receive the “excess proceeds” from the tax lien sales. In other words, she fraudulently claimed the rights to receive the money left over after a property is sold and the tax liens were paid off.
2. Moskovyan recorded dozens of phony Mechanic’s Liens, for painting work which was never done, on the titles of real estate properties which were in foreclosure. Several financial institutions paid Moskovyan to remove the fraudulent Mechanics Liens in order to clear the titles so the properties could be foreclosed upon and resold.
3. Moskovyan fraudulently transferred the ownership of two real estate properties to herself by recording forged Grant Deeds. She then applied for, and received, loans using the fraudulently obtained properties as collateral.”
“For more about the Los Angeles County Department of Consumer Affairs, whose Mission is: “To promote a fair and vibrant marketplace, we serve consumers, businesses, and communities through education, advocacy, and complaint resolution,” visithttp://dca.lacounty.gov.”
Leder according to my closing HUD stAtement was no Morgan chase bank, na 4919 memorial hwy Tampa florida and yes my neighborhood is in shambles thanks to these banksters. House next door is in all kinds of disrepair including a pool that has never been completed, a breeding ground for mosquitoes and get this it is a Fannie Mae homepath property and the r asking 315k. It’s not worth half that. Property across street is foreclosed and the old owners are living next door under an alias so the bank won’t come after them plus they r trying to rent the house out and it had alreAdy been assigned to Fannie Mae to auction and I’d 2 months away from auction date and the old owner is still trying to rent it. Close to 50% of neighborhood is now rental and blackstone(ie. invitational homes) has tried to snag as many foreclosure a as they could to rent. I am a few blks from beach. That’s why I don’t care anymore. Neighborhood has gone to pot and u have to wonder if ur neighbor will rob u. Everyone about in s fla is on the take. This ace is a jungle with big gorillas.
Wow…your neighborhood sounds like a poster child of what I’m talking about. I don’t doubt it as the same thing is happening out here to some degree. The City went after me for minor repairs while purported bank owned properties even in beach areas were being allowed to fall apart. I think someone sued for west nile virus in high income neighborhood.
Here’s a good tool I forgot about to see property records. Looks like in FL you aren’t charged to search. LA county you only get to see a couple of pages, I did a search on mortgages since mid April and looks like Hillsborough Co is infested with MERS!
I looked at a record with JP Morgan Chase as mortgagee. Defines JP Morgan Chase N.A. as “lender” in the first paragraph. Then there’s a notarized copy defining them as lender with NMLS ID 399798 which could be a new thing. Address is Columbus, OH.
I then looked at ’06 records and there from sample I reviewed mortgages with JP Morgan Chase N.A. (OH address) and Chase Bank USA N.A. (DE address)
This verifies to me that they are different “lenders” with other questions with CBUSA I’ve put together.
See what comes up on your property. Select county and then you can search by name or date I believe.
@ LMS- you got that right about south Florida! It is worse there than where I am in Pinellas/Pasco. Sadly, the bigger the metro area, the higher the ‘paid off’ judges!
This is a joke but I will do a qwr. The banks attorneys already have filed “original” copy of note and mtg. It will be intersti g to see if what I request matches up. And I know that the bank got their copies from my previous attorneys. It was real funny how the “original” note and mortgage showed up after I got tired of my attny’s milking me and told them to get lost and suddenly the note and mtg pop up after I had provided copies to my attorney when I first hired them. It’s one big conspiracy to steal your home
I see it as stealing the home being the coverup. That’s why as David/Trev in their own way say possession is 90% of the law. When they get the homes they can care less how it or our neighborhoods end up and now we have new bubbles going. My property could go at nearly $100,000 more than when I made my loan in ’07. Weren’t we blamed for making that happen?
Any who so what version of Chase do your copies say is your lender?
what good would it be for a title company to only search for 7 years if it is mandatory that a search be 30 0r 40 depending on the state. Another way to try to trick us all to give up.
The bureaucracy is one of the rabbit holes then MERS etc are another branch of the rabbit hole. But like all mazes we need to step back and figure a way out or not get trapped in it in the first place by calling out their lies and misrepresentations. So the title companies are part of the problem esp if they were paid off by the pretender lender etc. I would rather use the law to get the copy of the Note or pay a third party title company to do a complete audit.
@ Marilyn – A title ‘search’ is very different than an actual ‘abstract’ of title. An abstract is the one that is done spanning the life of the property and very, very expensive. Title companies will do a shorter search that is less expensive and shorter period of history. They do insure the title against (certain) defects. Record retention has both federal and state implications depending on the type of business, but for the most part title companies fall under a 7-yr retention period. Nowadays, though, they are scanned and saved on disk.
Basic Owner’s Title Policy Coverage:
Clear title to the property
Incorrect signatures on documents
Forgery, fraud
Defective recordation
Restrictive covenants
Encumbrances or judgments
I’m not absolutely sure that such owner’s policy does cover a broken chain of title; however, in my opinion it would fall under “defective recordation”. Just my opionion.
Good info on Chase shell game. Bottom line is don’t accept Chase simply as Chase. The woman who approved the “Chase”(JPMC?)/WaMu sale, or some part of it or some merger, was forced out of the OCC and ended up in a cushy Wall St position. “Chase”‘s web site used to have a section on mergers that seems to have gaps.
I’ve heard the same thing that title company only keeps individual files 7 yrs. You do have title plants where 30/40 yr searches are done as a service I recall in past yrs in real estate.
your link doesn’t work maybe because you missed the tail end of the full link
please correct
David
yesterday I received from chase whistleblower employees in Columbus ohio at chase mortgage or finance or whatever it is called oh 4 is their mailstop but that is the default management group headed by mike zsarro s.v.p of chase since 1993. they are actuall y Gahanna ohio 614 area code.
yesterday in the mail I got my first photoshopped forged document by chase and from chase. it is the TILA doc for the second mortgage that had the demand feature checked. the Oregon AG has a copy of the same TILA doc with no demand feature checked that they got from Nationstar that chase handed over the servicing to years ago.
I have already filed a complaint against chase with uscfpb for this alleged photoshopped forgery. am sure there are more just haven’t scrutinized the docs enough. thanks to Eugene about the heads up on the merger since it is the final piece of the puzzle on how chase extinguished all the old loan numbers from emc chase bear stearns loans. now what if that merger also extinguished all the wamu mortgage loans as well.
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the (alleged) Lender. A copy of the current Note is a plus.
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
hello I just posted this to my attorney and to chase via website at chase.com for my unilateral loan that chase created with new loanterms and higher interest rates al l of which was illegal since it is predatory loan being serviced by a predatory lender and servicer.
best regards
David
pursuant to federal RESPA law section 1594 qualified written request and as a JPMCB and JPMC stockholder I am demanding a copy of the loan schedule of purchased loans from chase home finance llc to jpmcb a national banking association in chase home finance merger with jpmcb. a copy of all documents related to the purchase of my old loan number transferred b yemc chase bear stearns mortage to chase home finance on april 1, 2011 . I want all docs pertaining to that transfer plus the schedule of loans merged into jpmcb. plus all the loan docs associated with this alleged loan laundering in order to originate a new loan with no loan docs. I want the new loan docs for my current loan plus the signed by me promissory note and respa disclosures and hud 1 disclosures. and all compliance docs per mr zsarro’s disclosures he says he complies with .
in ten days I demand these docs
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the alleged Lender. A copy […]
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
Look at the OCC website for the merger documents. Were you noticed of the servicing transfers ? I’m only familiar with Chase Home Finance, LLC & JPMorgan Chase Bank, N.A. Bears Sterns is another bucket of worms. Mergers involve Purchase and Assumption Agreements and other good documents.
In a merger, one entity disappears and the other prevails. EMC may have merged with____, Bear Sterns may have merged as a “matter of law” or something like that because the government forced the merger??????????????
I just posted this to the uscfpb and got a case number. it should go well with chase morning joe and doughnuts Monday morning.
regards
David
pursuant to federal RESPA law section 1594 qualified written request and as a JPMCB and JPMC stockholder I am demanding a copy of the loan schedule of purchased loans from chase home finance llc to jpmcb a national banking association in chase home finance merger with jpmcb. a copy of all documents related to the purchase of my old loan number transferred b yemc chase bear stearns mortage to chase home finance on april 1, 2011 . I want all docs pertaining to that transfer plus the schedule of loans merged into jpmcb. plus all the loan docs associated with this alleged loan laundering in order to originate a new loan with no loan docs. I want the new loan docs for my current loan plus the signed by me promissory note and respa disclosures and hud 1 disclosures. and all compliance docs per mr zsarro’s disclosures he says he complies with .
in ten days I demand these docs
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the alleged Lender. A copy […]
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
david franklin
May 11, 2014 at 5:38 PM
Yes emc noticed me
The fed reserve did the order to merge
Yes…..feel free to file a Freedom of Information Request…
I filed my complaint w Boise Police Department. ..fraud division…
I claimed false docs…robo sig…collusion. ..RICO…the works…thetruth…it will be Exibit 1. if necessary. ..
Agreed about typical CA messes..considering we ARE the class and I did press for a $Billion + Settlement already…we have em on the ropes…this approach would terrify both banks…they ‘know’ me…they know if I lead I go till one of us is not standing…i’m food and home insecure but I think 7 yrs is long enough…we got this one…I can pedal bike to the Court….I’ll even send a claim letter on behalf of Our Class to Steve and Jay Me…. Ill scan my police report tomorrow.
Hi I am in a foreclosure. My loan was made with Ditech. I have a full reconveyance filled at our
local court house. Gmac / dba ditech is now out of business. I received a settlement due to the
fraud process in their first attempt at foreclosure. Now gmac has sold my said loan to 21st mortgage, and they are attempting to foreclose. This process is very illegal. Is there anyone
out there willing to take this case? I have all documents on hand.
You have a reconveyance on loan they are trying to foreclose on? That could match up with people saying they paid off loan and were foreclosed on but usually banks say it’s an error. Not lawyers here but sharing information we find unless there’s a lawyer reading and participating. I’m revewing a lawyer referral service if you want to email me here elsa.carter-6yyl2g2@yopmail.com
Have to get note. Being sued by JPMC. I wish I had note. Am going to start with the addresses u referred me too. Have all my old statements and they were chase home finance(servicer). I was told by previous attny that chase and Fannie Mae were both trying to claim ownership. But I think they just use Fannie as a front to allow them to pull all their crap(stall for loan mod like the investor won’t modify and the like bs). Chase is hiding behind Fannie to protect all their wrongdoing
Do you have the homeowner copy? You can check that and see where in the Note text it says who the lender is. It seems even lawyers assume automatically Chase Bank and JPMC are the same. Then check date. I believe JPMC claimed they merged with Chase Bank around time of WaMu sale late ’08. Unless Chase Home Finance originated? Then there were questions about them and there was a merger or bk in ’12 possibly. Current copy will tell you if it’s been endorsed or if it’s fabricated copy.
please all…..if you have been rolled by Jay Me Diamond (of Chase ’em to pridon) and or Steve Kandarian (of FretLife)…join the 9 step program…..step one …realize that we have the Class Action of the Ages…here is what we are going to do……fire w fire….goes like this.
Everybody who wants in MUST file a police report w your local…that is your ticket in. Send me a hardcopy…..$20 max…
They play for 43x face value….THAT is the number…..we ‘bundle and serve’….as a Class…
still ‘wit’ me? So for me….it goes like this:
We send ONE demand….then…31 days later we file…as ONE….w our Settlement Number….x THREE for a fair resolution in Court…oh and a side order ‘deterant theory’…for the next guys and girls…if only 20 of US….right here…us guys…..we justify the claim w their own calculus. …their own figuers….the Class Claim would be $1billion….or $3 billion…..come this fall…..now divide by 20…..either scenario you/we win….before Christmas…..hmmmm…silver bells?….nice ring to it…..
Send me your PoPo Reports…by July 4. No extensions……no exceptions…boat leaves on 7/4/2014. Send me the report and the face value of your Loss…..just the principal. ..just the facts…ill bump it up from Boise….4th District Federal……w honors…w pleasure and press….full court.
16% after taxes and fees goes back to the next pool of fighters….no exceptions.
909 NORTH 15th Street
House if the Rising Sun
Boise, Idaho 83702
United States
Interesting approach. Class actions seem to be full of problems though. If we form a group I’m thinking we can do smaller group actions. Also of filing criminal complaint. Do you have an example?
@ Trevor David – how are you going to use Police Reports from all around the country for a filing in Idaho? Anything outside of that county would not have precedence for a lawsuit. I don’t know even if filing with the 4th District Federal court would take into account those reports from everywhere else. Have you knowledge that this is allowed to be brought in as evidence? I will be glad to get my report filed with the Fraud division of my local police department if you know that it can be accepted.
Hammertime
Was your assignment recorded in public records? If there was never an assignment. Then I would think your original lender still is. If MERS was involved there would still be a recorded assignment I know MERS was created to avoid certain recording fees. Originally chase was the note holder because I signed the note and mortgage with chase as the lender. That’s why I believe they have always held my note and mortgage. If chase would have transferred the note there would have been a recorded assignment and there is not
That’s where the rabbit hole starts or continues. Chase Home Finance was the servicer on previous loan then I made a “new” loan I was told I needed due to the crisis with Chase, with Chase Bank USA as the original lender on the Note. Late ’07 there should have been no mention of MERS or WaMu. WaMu error got me trapped in a high payment 2/28 loan in ’05. In my case the problem goes to broken chain possibly since ’04 or before. I was told i would not have any title issues even though loan was at 11% because I was not with a sub prime bank or loan being with Chase. Things got bad real fast and asked them to change the loan and the rest is history. they claimed an investor would not allow the loan to be changed. Then they claimed that they as JPMorgan Chase is the investor. So there’s 2 tracks are they who they say they are and if investor, payoff where’s proof of payment. In CA Chase says they don’t need to record an assignment. The question then is why did they. In my case i don’t believe the loan was closed as described on documents or as presented to me.
When you research Chase Bank USA it is possible to conclude they never made my loan. To top it off one of their reps said they didn’t pay off previous loan since it was WaMu or a refi!
In the end you have to go beyond the documents and ask how they show what happened to the debt. That along with how they mistreated us when we tried to resolve our issues.
There was no endorsement from Chase Home to JPMChase on Note copies until late last year although JPMC claimed to be beneficiary then investor since late ’08. Somehow copies no longer show the endorsement. The assignment that JPMC claims has problems with trustee supposedly representing Chase Home.
There are no assignments as to MERS and previous loans which is why I’m questioning CHF claim to be servicer and the purported payoff. Chase actually admitted they deliver paid off Notes BY RIGHT which they did not do for the ’05 loan. This is why the delivery of ’05 loan is important and i didn’t accept that reconveyance was all there was to it and it was “good for me”. Have letters on file system I may have invited you to.
So it goes beyond the fact they avoided fees with MERS, to me the bigger issue is they put in any information they wanted or it was completely messed up. There’s where we go beyond stopping sales and asking who has the money and the real debt.
When you say Chase originally held your Note you need to break down who Chase was, claimed to be and how does that affect your debt to whichever entity you really owe. Issues come up to allow you to question the transaction when you start getting the information. I guess the point is it’s not going to come out the “right” way if the chain of title is broken or the debt is being misrepresented. Which is when you get to the TARP,insurance etc issues.
I was able to get this info without a lawyer but with good lessons from paralegal and others which is why we can’t ignore use of settlements, CFPB etc.
Hope that makes sense and didn’t go too far down the rabbit hole.
I went on the MERS official website and searched every way I could possibly search our our property…by name, address, social security numbers…I have even tried to find the MERS number, however, I have a fifteen digit number, however, MERS is suppose to be eighteen digit number…the format of the number that is on my document is the same format, less three numbers…:/
Just did that today…they have absolutely nothing…yet the assignment say Mers as nominee for world wide financial assigned our property originally…now how can that be and yet there be no evidence of it on the MERS site…
hammertime
May 10, 2014 at 7:14 PM
That’s one part and it should show MERS as nominee on Note or mortgage? (Deed in CA) It would have been good to see if it’s changed as mine has over the years, still there seems to be a broken chain along the line just in your MERS issue. So if the guys claiming you owe them aren’t on the original Note then don’t admit the debt to them until they prove it with all these questions. It would be interesting to see how they would react to a strong cease and desist letter.
You can see a in my presentation, in the assignment of the mortgage and the note (the Corporate Assignment) it clearly states that the original assignment was from MERS…yet MERS site shows nothing…the evidence is outrageous…:/
hammertime
May 10, 2014 at 7:49 PM
In CA as far as I can tell from my docs the Deed of Trust includes a paragraph that MERS is acting “solely as nominee…” then that they are the beneficiary, think that’s where they get in trouble. There is a MERS ID also printed. This was on my ’04 loan which was supposed to be paid off and I should not have heard of MERS or WaMu since. Not so of course. A MERS official signed off on a Substitution of Trustee on first foreclosure attempt in ’08 and that’s when the questions started. Chase didn’t acknowledge the present “loan” was NOT a MERS loan until ’11 or ’12. They then claimed they could re-do the SOT. They are now claiming ignorance until late ’13 with other suspicious MER entries. I also had a corporate assignment blank form so I would check your note and mortgage. If MERS isn’t on there per my experience the assignment is invalid.
@ Sheryl – WOW! Now that’s a BIGGIE on the assignment…..But again, if the mortgage was nullifed why worry about the assignment? Other than pursuing a civil suit on your own against the lender with you as the Plaintiff….
We won an avoidance of the mortgage due to the forgeries…however, according to the bank they have a “blue ink” note…I find that odd since we signed with a fine black bic pen…but that is of no consequence…the have an assignment (in blank) on the “note”…however, my feeling is that if you prove that the actual original assignment is bogus, then the note should fall. One thing missing from the presentation that I just discovered yesterday (thanks to the fresh eyes of another mortgage fraud victim) is the fact that according to the original assignment that was supposedly notarized on 04-14-2004 states that the mortgage was “recorded” on 05-25-2004…?!?…and then they waited for a year and a month (after we fell one month behind on our mortgage) to file the “recorded” assignment of the note and mortgage on 06-22-2005. The mortgage was avoided, but that had nothing to do with the note…sad but true….however, for those of you that have looked at my presentation…you can tell this whole transaction has been nothing but a lie from the beginning…yet, here we fight…smh
Bobbi Swann
May 10, 2014 at 1:45 PM
@ Sheryl – An assignment of a promissory note is not required to be recorded. An assignment of the note as long as the assignment is dated AFTER the date on the mortgage would be valid. Are you sure you are talking about the assignment of the note or the assignment of the mortgage? They are two different documents. Assignment of mortgage is recorded (or supposed to be) but an assignment of note just documents the ownership of the note from one lender to another. If the assignment of the note is found to be bogus it would simply revert the ownership of the note back to the issuer of the assignment but it would not void out the note itself. Note: There are some lenders who will add such verbiage as “assignment of note and mortgage” when they file/filed an assignment of mortgage in public records but not always. Some mortgage assignments only make mention of the mortgage being assigned.
Ah, you would think…the now avoided mortgage assignment recording happened on 11-03-2005 (supposedly assigned on 05-17-2004)… the (bogus) corporate assignment of the “note and mortgage” which supposedly happened on 04-14-2004 (yet the front of that corporate assignment shows that the mortgage was recorded on 05-25-2005 after the supposed notarization occurred) and was recorded on 06-22-2005…six months before the recording of the now avoided mortgage. I find it interesting that a document that supposedly was notarized in April of 2004 would state that the mortgage was recorded in May of 3004…exactly how does that work?
I spent many hours on this presentation and then just yesterday discovered that the assignment also was “notarized” on April 14, 2004 yet, on the very same document it says the the mortgage (now avoided) was recorded on May 25, 2004…how did they know that when the notary was signing the document. Oh ;thats right they didn’t which means that the document could not have been signed on April 14th and if it was it was altered after May 25th…that makes 26 evidences of fraud throughout the packet and that doesn’t even include the now avoided mortgage…smh.
You have tons of issues people can learn from. Looks like Bobbi is knocking ’em down! I had to get clear that they’re pursuing you for the “debt” of the Note. Your case is the mirage/nightmare of foreclosure being voided and then having original? “lender” pursue the debt. I’m reading about fraud, business torts that may apply esp with negligence, oppression and malice. I’ve read about it before but no lawyers will take on so far will keep digging or others may have experience. The NM/AZ case definitely made the point of damage of banks dragging their feet and possible loss of homes.
Another issue that I am having is that this was supposedly a MERS nominated assignment…yet MERS database shows nothing in regards to our address…I find that even more curious…seeing the MERS number is suppose to stay with the loan until it is final.
hammertime
May 10, 2014 at 6:57 PM
Coincidence I just asked about that. Was MERS on your Note or mortgage? They were on neither of mine but there were MERS records after the closing of the disputed loan, refi. These records had completely different investor/servicer two years or more after closing. Chase refuses to explain this while they then created new MERS records which they deny even though they provided the MERS information! That’s why we can’t get stuck in “is MERS legal” argument but show how they or the lenders used it to manipulate or mismanage our mortgages and property records. I also had New Century Mortgage on previous loan endorsing Note that Chase took over as servicer but New Century was never recorded anywhere. Only received that purportedly paid off Note with the same stamp you have until recently after 7 years.
All these possibilities where yours is the opposite with blank MERS records when there should be? All points to clouded title where quiet title case should force anyone with a claim to explain. If the judges enforce the law.
Ideally….I would ‘register’ 50 attys….one in each state…..to serve as a laser focused nija….a focal point for us….the one’s w dna that won’t quit…..yeah….a one stop….prepaid….vetted…attorney. …I would only ask for 1 commitment in return…pay it fwd…..so that NEXT SEASON we have 2x the wins…..2x after that…..compound the ‘interest’. Turn the tide….
There are services now that I’m looking at. We have to be organized and start trying them out and vet them as we go since we have the experience and knowledge. With $5,000 we can get some cases in the pipeline and start putting together tools to review, collaborate and publicize. Sounds like we’re thinking along the same lines and others are as well on other sites.
I will request it for what it’s worth. At this point I wouldn’t believe the paper it is printed on. But perhaps it will reveal their lies and deceit. What address do I send the request too. Thanks
There may not be a specific address any more with new law 01/14. I was told to send to following address by point of contact and I also sent to CEO Dimon and trustee.
Chase Fulfillment Center
3801 S. Collins St. TX1-1814
Arlington, TX 76014
I believe there was also an address on Notice of Sale so you may want to review your docs or ask point of contact.
Following section phone and email also has responded. Try not to laugh,
“Our Commitment to Treating Customers Fairly:
If you feel you were not properly evaluated for foreclosure prevention alternatives or inappropriately denied a foreclosure prevention alternative, or you are concerned about fraudulent servicing practices, or other actions you believe may be a violation of delinquency management or default prevention guidelines, including a violation of policy time frames, please call 1-866-209-1720. We will use best efforts to acknowledge receipt of your complaint within three business days following receipt via phone, email, fax or mail and will strive to provide a resolution within 30 days. We will communicate the proposed resolution to you in writing and next steps, if applicable. You can also write to us at:
Chase
Attn: Customer Support
Mail Code: OH4-7302
P.O. Box 24696
Columbus, OH 43224-0696
Please note that we will make every effort to expedite review of your case and provide a resolution prior to foreclosure action(s). However, foreclosure action(s) may still take place during the review of an escalated case.”
QWR is less focused on format now, but Chase may try to use errors such as overbroad request as excuse not to answer things but did provide copy of Note. Check following sections if worried about errors or just keep simple and refer to settlements that should say they need to provide copy at least or just ask for it if you have time and see how they answer.
Looks like the focus is on identifying if an information or error request. If you have a template may want to shorten and customize it and focus on copy of Note.
Qualified written request.
1. A qualified written request is a written notice a borrower provides to request a servicer
either correct an error relating to the servicing of a mortgage loan or to request information
relating to the servicing of the mortgage loan. A qualified written request is not required to
include both types of requests. For example, a qualified written request may request information relating to the servicing of a mortgage loan but not assert that an error relating to the servicing of a loan has occurred.
2. A qualified written request is just one form that a written notice of error or information
request may take. Thus, the error resolution and information request requirements in §§ 1024.35 and 1024.36 apply as set forth in those sections irrespective of whether the servicer receives a qualified written request.
The collaboration is awesome….you put a ton of work into it…I worked at hp for yrs….I learned the Body of Knowledge…BoK….will be iterative…it will get refined…
I hereby pledge 16% of my aftertax settlements to THIS board….ill pay it fwd…so that we can break ice and watch YOU save your homes…w attornies…jds w spine and integrity. …yup…when I win…we (the fighters) ALL win….this is my church…dig it. We’ll escrow it out properly….in time. Peace yo.
$33 million to MetLife alone….do the math….plus Chase…plus American Home Mtg…++++…et al.
Triple it for little greys….for ‘punis’. Help is coming……..
777
That’s the spirit we need and the creative writing! I am also thinking along those lines. We need to think about money and time we can devote. If we put together even $5,000 we could do some serious damage with the facts we have here and can confirm. Done right we can help those in dire straights.
@david f any docs on the TARP money payoff data? Also any info on NY AG and CA AG investigator Warren? Think is his name. I’ve sent info to CA AG and the CFPB with violations of settlements and strong evidence of misrepresentation and possible fraud but have heard nothing concrete. CA Monitor is saying they can’t respond individually since they’re going out of business. CFPB helps to postpone sales but I think I’m in the last round of that merry go round. This is the shell game on the govt/settlement side. They say they can’t give any legal help while saying they are checking to see if any laws are broken. I’m pretty sure the settlement language says different. As with the Gov Brown lawsuit there’s also the question of why the monitor is closing down and non profits aren’t taking cases because there’s no money. Where’d the money go?
I have yet to see a copy of my note, but I am sure it is forged. I have my blank originals. I am going back to title co to try to retrieve a copy. Does anyone know how long title companies r required to keep copies?
That’s unbelievable! If you’re Note’s with Chase you should be able to use a QWR and the settlements to have them deliver it. If they don’t you could point to my case and ask why not? I recently received the PAID OFF Note (previous purported loan) they denied me for 6 years! But even that was supposed to be an original but was a copy and it has the contradictions/lies that may bring the house of cards down. Even though you’re in FL? the settlements are like your Homeowner Bill of Rights if with Chase.
Everybody should review Sheryl Sutter’s post below with her cases docs link.
I’ve sent emails and invites but received no response. Let me know if you’re interested as I want to reach out to others to get a good set of files together to test. Thanks.
by federal respa law the note stays in the lenders vault or in the trustee’s vault in chase’s case they have none of the blue ink signed by the homeowner blue ink notes. the note stays with the mortgage per us. supreme court ruling years ago.
most of the blue ink notes were destroyed in securitization since the banks thoughts mers would cover their butts. but mers in Washington state is dead.
so there is no note thus forgery when they show up in court.
wells fargo the trustee for al l bear stearns loans and wamu loans maybe sued chase in federal court under respa law federal law for not having the promissory notes in their vault in Monroe LA.
The fully executed mortgage should be recorded in public records. I thought the note should be too, but then in fla. Notes don’t have to be from what I hear
Keep copies of all checks u paid and when u go to court show the judge and the judge should force them to show how payments were applied. That’s the best I can tell you. Just make sure u keep proof of all payments made
They took my modified payment and waited till they had enough of those to make an original payment which was more than 2x the modified payment and then applied it and all along while they were still claiming I was not making any payment at all. Ask for a copy of how your payments have been applied
Did that and they reversed them after applying them
Then put them in unapplied account then madr escrow
Charges which were fraud to eat up the unapplied
Balance and now refuse tp give me escrow accounting
Statement required by federal law
So far they have allegedly stolen over 100000 grand
Of payments and trying to extort me for 476000 dollars
Includes 313000 balloon on first trust mortgage i didnt
Apply for
They are doing this to millions of people
And tried to make me pay mortgage payments
Twice for same month and year nine times
What is really sad is that chase allegedly under guise of loss
Mitigation n loan mods is keeping all mortgage psyments
From wamu met life n bear stearns mortgages n putting
Them in unapplied payments forcing foreclosures from manufactured
Defaults n keeping the cash for themselves plus cashing in
The derivative hedge bets on the servicing rights up to 43x
The face value of the mortgage
And covering it up
We should be complaining to congress
I guess the uscfpb is corrupt n run by the banks n funded by the
Banks
there will be rewards for those still standing….zilla is about to retain…fire…to fight fire…I want these c uh-ohs to sweat it this weekend….they can hear the tension rods pulling on the bear trap….like you know something BIG is going to happen…but you just can’t put your finger on it….banking execs are getting that ‘you’ve got mail’ jingle….only problem is…it is not really love letters….they sent me loads of hate mail…for 6 years….my turn. Steve…Jay Me….you two will fall…on my watch….turns out Chase….you carried a second on my loan….just ‘discharged’ the $47,000 fraudulent note…..good friday jay me…Fyou…too Steve…I want you both in silver….t-n-t.
It will be done…..trust me….you will pay me for your crimes…greedy monsters…yes I just judged you….not early….right on time. Justice on the 777s….@godspeed
Just like with the settlement they established a pattern of their wrongdoing so they should be able to with changing acct numbers but from what I understand. That is a big no.
In my first complaint to the OCC in ’09 a paralegal focused on changed account number but Chase dismissed as an internal matter. That’s their arrogance. As Trev says we’re still standing and the laws, settements which took time to get here do make a difference when you catch them sticking to their arrogance even if they’re corrupt and being gamed.
in my case they changed the account number because they lied to their computer that it was a loan mod and allegedly used tarp money to extinguish the old account numbers to avoid the chasemdlsettlement.com judge’s order to turn over the account numbers but I caught them changing the loan terms and increasing the payment amounts and interest rates that those I n the promissory note . that is not allowed in title 12. the loan must be the same terms before and after the transfer. the loan number change is indicative of chase putting your loan into their computer as a loan modification so they can put you in suspense account your payments and then dual track you for foreclosure and cash in their derivative hedge bets up to 43 x your mortgage face principal in my case that is $ 12 million dollars. this is a class Bernie Madoff Ponzi pyramid scheme and by stealing our mortgage payments the y then use that case to sell more arm loans with hidden interest rates and loan terms and interest that are predatory.
that is all against the law and the aclu is suing morgan Stanley in new York city for securitization fraud as discriminatory to homeowners under title 8 VIII fair housing act because all these loans are predatory and illegal under u.s law .
that is what chase is allegedly doing to us all.
and when they say they round up their interest rates. they are really adding 5/8ths of an interest point to the interest rate every six months in order to take the rate for calculation of your next six months of mortgage payments in nine years to the maiximum rate like mine of 12.37 percent . all of which is illegal since these charges are not shown on the mortgage statement or on the truth in lending events of which there are two for your loan. one at orgination and one at closing both disclosure events must be the same rates and interest charges . mine were not and that is where the crime starts.
http://1drv.ms/1kTbf5Q These are some things that I found in our file. Now mind you the mortgage has been avoided (only took six years); two years later the bank is suing for the note. See if you think my evidence should bring down the bank…and then I’ll tell you the rest of the story…
I would have thought that too, however, in our case they actually forged our signatures…not some robo-signing….it took six years for us to finally get the mortgage avoided because we had to fight the bank on an equitable mortgage (they lost). Now two years later they want to sue for the note…hence the pp presentation and hence fraud and forgery. Might be the same old story, however, we were the first to have the mortgage avoided for having homeowners signatures forged in this fiasco…The fact that we, the homeowners have done the due diligence to find this fraud, makes us wonder why, when fraud was already evident in the file, why the banks didn’t do their due diligence to find what we have found. This is officially a ten year journey as of April of this year…
Nice work Sheryl. As a matter of law, shouldn’t the homeowner need to be in possession of an agreement to which he was a party, with both party’s signatures on it? Otherwise, where is the agreement? In our situation, most if not all of the “agreements” in the “closing packet” given to us were merely those first copies of the unsigned originals with no signatures. I’m wondering if this is material in our case. Any thoughts welcome. Thanks.
We never received any documentation from the bank regarding our “refinance” after the closing…had we not had our packet that left with us at closing we would have had absolutely nothing…it was because of that packet we were able to prove we had never signed the mortgage…we didn’t have one in our packet, so therefore there wasn’t one in theirs…
Great presentation! This is the kind of thing I’m talking about where we can show exactly what the docs show and the lies in real terms. I’ve invited people on here to sign up on the system for exchanging files. We can modify these docs so no personal info shows and the system allows you to control who sees them and we can email each other and get forum going etc. Let’s start with a couple and see how it goes. I’ve started with a couple of mine. Are people not getting emails or invitation? If you need help we can communicate and see if I can help with file editing etc.
End of sidebar.
I have some parallels on my docs and even the same endorser on a Note. Just did a quick review but very impressed.
In the old days when the country’s businesses were concerned with their own country and their paying customers this would have brought down any business.
I was hoping to compare my files to the three or four extreme Chase cases on the board but this case can also be a good comparison esp in CA.
I did a quick review and what jumped out at me is that you should have a strong quiet title case. (of course not a lawyer) In normal times ANY fraud was grounds for damages etc. In these Wall St justice days that we just have to pay we have to go to the next level and show where the money went and/or that the purported lender isn’t the original lender or valid beneficiary etc. The endorsements go to that it looks like but I didn’t see any payment history type info. Again, need to go back since you have tons of info.
If we put together a few of these especially with s strong social media approach we can show we’re being treated like second class citizens and justice isn’t blind with Wall St.
You can contact me at following email to either compare notes or to review the file sharing site, whatever you’re comfortable with.
One of my many issues is that in our case…fraud was evident and proved in 2007 (even though it took until 2012 and the 6th US Circuit Court to unhinge their equitable mortgage plea)…the bank was aware that the file was corrupted, yet they never did the due diligence to discover if their were other fraudulent document. Instead they wait until I sue them on their forced insurance (after all they have no document that allows them to insure my home – mortgage avoided); they then decide to sue me for the note. My point, where was the banks due diligence…why didn’t one of their high priced attorneys go through a four day due diligence as I, the homeowner did. The didn’t because they knew they were using my documents and not those of the banks. At what point does the bank have the responsibility to look into the file for FURTHER FRAUDS…smh (I do that alot..smh)
Bobbi Swann
May 10, 2014 at 12:51 PM
@ Sheryl Sutter – if your mortgage was voided then the only document they have to prove the debt is the promissory note. That being the case, the only means for them to sue is in civil court under an ‘unsecured’ debt – not a foreclosure. Foreclosures only concern those debts that are secured by some form of collateral (i.e. real estate). If they choose to sue you why not just file BK and get rid of the debt forever? If you do go to court and you can’t prove the note is fraudulent the best they can do is to get a lien against you personally. Those can be wiped out in BK too if I’m not mistaken.
@Bobbi Swann…they can’t foreclose…they are suing for the note and all the payments I haven’t made in the past seven years, as well as attorney fees, and all the other fun stuff like interest. My point is that there was already a proven fraud, and now in their lawsuit not only are they using fraudulent documents…they are using my documents, that they never had until the mortgage fiasco…they are pursuing under the unsecured debt….my attitude is that my evidence should more than prove the fraudulence of the rest of the file…and for those of you who have seen it…I would assume you would agree…now to get our attorney to recognize what I am trying to tell him, because in this case, I am not accepting No for an answer…period. Especially with the evidence that you have now seen.
Bobbi Swann
May 10, 2014 at 1:52 PM
@ Sheryl – since they are going after you as an unsecured debt why not file a counter suit for the fraud on the mortgage? Your attorney (sounds like you need a new one) should pursue that along with all legal costs, punitive damages, etc. as part of the counter suit. Even the National Mortgage Fraud Agreement allows you to go after them personally in situations such as yours.
David I agree, but surely u have proof somewhere that they switched loan numbers and if there are 2 million. That is a powerful # and more need to come forward. They tried to xfer. The servicing of my loan right after my loan mod supposedly became permanent and then they reneged. I see the scam they pulled on me.
yes I have proof including docs from the federal trade commission and 50,000 of the old account numbers from trustee wells fargo. that is why I filed a state bar complaint against kellerrohrbach.com here in seattle wit h the Washington state bar which is in process of allegedly with kellerrohrbach. covering all this up. no on e will file an appeal to the federal appeals court . I cant since I was barred by kellerohrbach.com to be I nthe suit as well as chase since the yknow I would blow the whistle on them. the state bar complaint is still in play in seattle wi the Washington state bar against ms cappi o lead counsel for the plaintiff homeowners defrauded b ychase . I am the only person that is complaining. that is the problem no one will raise hell not with the court not with wa state bar and not with us cfpb or justice dept.
we keep getting screwed and no one is complaining to congress or ag eric holder as far as I can tell.
but yes I have proof but I am not a lawyer so m y guess it all could be thrown out as fabrication knowin g these crooked scumbags.
regards
David
MS CAPPIOS COUNSEL A NOTHER ATT0RNEY HIRED BY HER TO ADDRESS THE STATE BAR COMPLAINT I FILED WROTE THAT CHASE TOLD THE COURT THERE WERE ONLY 60,000 MODS DONE AND ONLY GAVE THEM THE NEW ACCOUNT NUMBERS . SO THEY EVADED AND ALLEGEDLY LIED TO THE FEDERAL JUDGE BY OMISSION AND MY VIEW IS THAT THE ONL YWAY THEY COULD EXTINGUISH LEGALLY ALL THOSE OLD LOANNUMBERS WAS TO — USE FEDERAL tarp MONEY TO DO THAT . IN OTHER WORD THOSE LOAN MODS NEVER HAPPENED.
WE ARE WATCHING A COVERUP OF MASSIVE PROPORTIONS HAPPENDING BEFORE OUR EYES
IN MY HUMBLE OPINION.
dAVID
did any members of the class object to the settlement and file an appeal nationwide
my attorney told chase to go stuff their mod where the sun don’t shine yesterday
they harassed me the entire month of april to file for one.
and even harassed my attorney for two weeks
the chase guy was joe shea out of Columbus/Gahanna ohio 614 area code
tel no 614422 5631 that is a local number for chase in ohio if you want to call them about something
best regards
david F.
and my guess that appeal period is not going to last long.chase doesn’t want it to get out there are two million loans that were modified that never got a notice about this suit since chase illegally allegedly changed all the account numbers using TARP money to do it andchanged the loan terms as well under the guise of a loan mod to disguise an illegal loan transfer.it would have cost chase 2 billion dollars to mod all the fraudulent mods they did from 1999 to 2010.
so now they can run their alleged Ponzi pyramid Bernie Madoff mortgage loan scam with predatory loans tied to derivative hedge bets run by chase hedge fund managers with interest rates on these former bear stearns emc mortgage loans going to 12.37 percent in nine years sincethey are adding illegally over1 percent to the interest rate per year instead of 2/8thsof a point that the promissory note says.
their computer is already programmed for this next new round of massive foreclosures and chase did this allegedly with no TILA or RESPA or HUD 1 disclosures or official notices to their customers. this may be true for met life lOANS AND wamu LOANS AS WELL.
REGARDS
dAVID f.
“In 2009, the recovery was fragile, and besides, we had just sunk all that cash into bailing out the banks. Busting those who committed financial crimes would risk undoing all of that. Prosecute our clients, said the bankers’ lawyers, and you risk destabilizing a fragile financial system. Put a systemically important financial institution in your cross hairs, and you put the entire global economy at risk.
The Bush and Obama administrations bought this line of reasoning.
This argument should never have carried the day. The job of a prosecutor is to prosecute, not to make economic forecasts. Convincing various governmental departments not to do their jobs was a masterful act of salesmanship, one that undercut fundamental principles of rule of law.”
That’s the disconnect, though it is from Bloomberg and gotta give them credit for publishing this but it’s not salesmanship but treason! Gotta go back and read again since it’s exactly what I’m facing where agencies/local govt are IGNORING the law and I keep thinking they’re doing what the lobbyists have convinced them to do.
Does anyone remember reading that most of the flower companies looking for your mother’s day business of sending flowers to your mom is owned by a bank?
karen- to be a whistle blower, look up the local FBI office in yoiur phone book, knock on the door, and tell the receptionist agent you are here to report a crime. they will be happy to see you and take your evidence. it costs you nothing. only a us attorney can put people in jail. it needs to happen more often.
CHECK EVERY DATE ON EVERY DOCUMENT THEY HAVE. the Plaintiff withdrew during the trail, the good news is: he was so rattled I am pretty sure he left court, and did not stay for his case after ours with same witness, I think they won because I did, I hope so. am going to court house to day, to get records. the judge will not let them come back with same complaint, I had a fair Judge. witness tried to testify LPS was active for Bayview (created in 2011) had a doc, giving authority that on 4-3-2006 for a loan created on 3-23-2007, what do you do if you find whistle blower evidence? I am scared these are big corporations, plaintiff gave me his file in court. I can put them down.
Karen, I have some of the answers for you.
I don’t offer help to very many, and probably do know what I am talking about. Please contact me, I believe it will be worth your while.
My contact info is in the note I left for you in reply to your prior posting. You should find it below.
re chasemdlsettlement.com my complaint to wa state bar regarding conduct of class action counsel ms cappio of kellerohrbach.com in seattle wa state barcomplaint and submitta of additional evidence.
hello Ms. Powell of Washington state bar disciplinary counsel office in seattle wa. In reference to my complaint about ms cappio and ms obrist of kellerrohrbach.com in seattle wa. and your letter asking for more evidence to be submitted by me.
I have the original envelope with postal metered postmark and bar code scan b y the uspa if you need that.
I request that you acknowledge your receipt of evidence sent to you by me by mail or email
attached are pdf docs sent to me by ms cappio’s defendant this past Saturday
in which they admit in the docs a loan mod was done on my loan starting with 002 first three digits
please see screen shot in second pdf file showing at the bottom of the page a boldened by me dollar amount of $ 13,664 demand to make the same mortgage payments twice.
lombino martino
and that this loan mod or another mod was not finalized as ms obrist asserted in her email to me. that being the reason why I am not in the lawsuit.
these docs clearly show that a loan mod on the current loan number starting with 102 ending in 6526 has loan mod active on it which I did not apply for or approve. and that I have been charged for an appraisal and payoff statements twice without any authority to do so by me.
these are ms cappio’s defendants in the chasemdlsettlement.com lawsuit in the federal district court o f boston ma.
they also show the alleged extortion of me by ms cappio’s defendant while this suit was and is going on in the court above.
a spreadsheet from chase computer prepared by ms sparks per her letter in the pdf file shows that all of my payments were reversed in January 2013 after being applied and reversed back across a previous calendar year without notifying irs of the effect of that on my mortgage balance.
then in another document attached it shows that in January 13 the beginning date of the reversals chase.com sent me a paperless mortgage statement for payment due feb 1 2013 demanding that I pay the same payments again for $ 13,624 dollars or approximately 9 mos of payments already paid
there is an escrow tx history showing that chase extorted allegedly again for my escrow funds by transferring all of the above to my unapplied funds and that charge those monies with false charges to eat up the unapplied balance and all of my payments disappeared. over $ 30,000.
please print out these docs in the file.
the evidence indicates that while ms cappio was in court on this case, chase may have used TARP taxpayer bailout funds to extinguish the bear stearns old loan numbers shown in the file on the mod agreement in the upper left hand corner starting with 002. once these old loans were extinguished which chase is trying to show I nthe spreadsheet as one loan number back to 2007 but the mod agreement is for the old loan number for the first trust.
once the extinguishment took place chase under the guise of a loan transfer originated or created a new unilateral loan for me and many many other bear stearns loans for wa state residents with a total number of roughly two million and then in my case raised the interest rates and loan terms with a balloon payment in 2037 so that my new loan would pass chase computer net present value model software for a loan modification.
the point here is that this is not compliant with federal law , I never applied for a new loan or a loan mod and then chase while ms cappio is dancing with chase created a new loan in violation of federal and state law and not compliant with Washington state law and then hired an attorney to try to foreclose on me saying I was in default when I am on chase website four payments ahead.
there were no tila laws no respa disclosures and according to the testimony from current mdl settlement class members chase is not providing as required by federal law any disclosures on the loan mods offered to wa state residents.
as I have mentioned to you that ms cappio and ms obrist may be directly responsible for this harm done to me as a disabled veteran as well as many other veterans nationwide and was state because of the their alleged actions.
allegedly
best regards the key word in mr potter’s letter is unilateral meaning one sided creation by chase.
David Black
so n my case chase has absconded allegedly with over $ 50,000 of mortgage payments and escrow funds from me and tried to extort me for thousands and thousands of dollars but the evidence prepared by chase personnel clearly shows that once you can connect the dots and decode this alleged confession.
I am requesting that you obtain the new York AG Eric Schneiderman lawsuit against chase bear stearns on behalf of the investors that own my mortgage or used to own it. the alleged extinguishment of my old loan changes everything .
the point here is that chase per mr potter’s letter to chase attorney Barbara bollero created a unilateral loan in oct 2011 which was and is part of this lawsuit just like the old loan number and created it without any legal authority or permission or applications from me to do so and didn’t even have the required respa notice of the new loan number sent to me.
as required by federal law and no mortgage statements from april 2011 until march of 2012 for both old and new loan numbers and put all my payments in suspense accounts and then tried to foreclose.
I only have a masters degree in banking and finance and studied law and read the law in the VA to become an attorney as allowed by the state bar there under a licensed attorney and I did my masters thesis on chase financial operations and worked and trained by the us treasury dept to spot and identify fraudulent bank activities and my perception that this alleged evasion by chase attorneys to omit all these old loan numbers and create new loans and liens on wa state homeowners property is a gross violation of federal and state law and evasion of irs taxes is a felony.
and this evasion of not providing the old loan numbers to the court including my loan is a crime one and two a violation of wa state bar and any state bar canon of ethics that has caused me great harm for over seven years now and hundreds of thousands of dollars of harm
best regards
David f.black
please stipulate on a written document sent to me and ms cappio all evidence submitted.
it is not legal to originate mortgage loans and liens without the consent of the homeowner and that goes for loan mods as well.
I just posted this o n uscfpb.gov website for my complaints against chase.
chase has not resolved a single monetary dispute in seven years on my predatory illegal loan as part of their Bernie Madoff Ponzi pyramid mortgage scam tying predatory loans to derivative hedge bets on m y servicing rights on m ypredatory loan which they created with higher rates after the alleged loan transfer from emc mortgage in april 2011.
In my first complaint to the OCC in ’09 a paralegal focused on changed account number but Chase dismissed as an internal matter. That’s their arrogance. As Trev says we’re still standing and the laws, settements which took time to get here do make a difference when you catch them sticking to their arrogance even […]
in my case they changed the account number because they lied to their computer that it was a loan mod and allegedly used tarp money to extinguish the old account numbers to avoid the chasemdlsettlement.com judge’s order to turn over the account numbers but I caught them changing the loan terms and increasing the payment amounts and interest rates that those I n the promissory note . that is not allowed in title 12. the loan must be the same terms before and after the transfer. the loan number change is indicative of chase putting your loan into their computer as a loan modification so they can put you in suspense account your payments and then dual track you for foreclosure and cash in their derivative hedge bets up to 43 x your mortgage face principal in my case that is $ 12 million dollars. this is a class Bernie Madoff Ponzi pyramid scheme and by stealing our mortgage payments the y then use that case to sell more arm loans with hidden interest rates and loan terms and interest that are predatory.
that is all against the law and the aclu is suing morgan Stanley in new York city for securitization fraud as discriminatory to homeowners under title 8 VIII fair housing act because all these loans are predatory and illegal under u.s law .
that is what chase is allegedly doing to us all.
and when they say they round up their interest rates. they are really adding 5/8ths of an interest point to the interest rate every six months in order to take the rate for calculation of your next six months of mortgage payments in nine years to the maiximum rate like mine of 12.37 percent . all of which is illegal since these charges are not shown on the mortgage statement or on the truth in lending events of which there are two for your loan. one at origination and one at closing both disclosure events must be the same rates and interest charges . mine were not and that is where the crime starts.
all o f chase reponses have no oath of truthfulness like Itake to submit my complaints and not signed by an y exec authority. all v.ps have been fired who have tried to help me locally here with this mortgage problem and now chase is trying to cover everything up andmake me pay my mortgage payments twice while they load up m y cushion in m yescrowbalance and refuse to give me an escrow statement for 2013 .
Take all your evidence of the fraud and file a lawsuit! You have everything? Stop playing in the courts ball field…it’s rigged! Just make your allegations and prove it with your evidence…Exhibit A…Exhibit B…You are the best one’s to fight it from the accuser…not the banks…they can’t prove shit!
Just my thought this evening!
New York has a new plan brewing to build 200 thousand units for all incomes 80/20 apparently to cover up all the homes and apts stolen that many of us has spendt 30, 40 or 50 years working for
and now they expect us to start again all the while putting the fraud on the back burner.
angel , what state r u in? Alot of us on this website has experienced the same crap with Chase. They r beyond dirty. Hang in because the longer we stay in , they are getting more exposed everyday for the sh** way they have been treating us! I think they will have to come clean at some point. They did the same thing to me. They want to break you down and take your property, but don’t let them. Complain to the OCC, state AG, as many as you can. We will break them. They wont break us tuff guys.
Ky, & thank u for responding & I’m still in my home,so I haven’t lost,but its a damn shame the hell we’ve went thru to be heard & proof of pymt used to be SOLID proof/case closed,,,chase is evil & deserves to be knocked off their crumbling pedestal….I will NEVER give up:-) 🙂 🙂 🙂
David Franklin
May 5, 2014 at 7:36 PM
My family is from KY angel
Regards
David
Angel
May 5, 2014 at 7:58 PM
So is mine,well a lot of em,lol…I luv,luv ky:-) 🙂 🙂 I pray u get resolution:-) 🙂
I’m beyond frustrated!!!& need advice please!!!!! I’m in the 4th yr,of my nightmare,2yrs I’ve had a lawyer,but the harassment won’t stop,by mail,email,couriers in my yard taking pic’s 1-2x’s a month!!!!I have been forced into default Without EVER missing a pymt,forced flood insurance never needed,forced into foreclosure,,,,,,100% false credit reporting by lender of missed pymts received & cashed,no deed,never filed with our county,mis-applied monthly pymts,destroyed us on purpose due to a re-fi attempt to GET AWAY from chase,through Quicken Loans revealed COLLATERAL TITLE ISSUES,no deed,that point forward paperwork,phone records show chase was FORCING us out because I demanded answers over deed,yet I can’t MOVE this case forward???what or ”who” do I need to contact to reach some what of a normal life again?
hello angel am going through the same thing with chase. I am four payments ahead for ten thousand dollars andthey are still doing the same crap to me as you.
been fighting them for seven years.
they need to be shut down.
I did find some leverage by complainging to uscfpb.gov and submitting a complaint
address your complaint to ceo chase mortgage banking kevin watters and mike zsarro head of their default management group. these people are alleged crooks and scumbags and lowlifes rabid bonus driven execs.
they are driven by bonues from derivative hedge bets against you up t o 43 x your mortgage amount. if they foreclose they make all that money.
you can google that term and chase testifying to ellen warren of us senate banking committee that they are doing this to people
if you write to uscfpb is even better to rickard cordray director. in Washington d.c.
keep complaining and make chase document to the government what they are doing to you.
if you really want to stick it to them call mr wagner us attorney for eastern district of northern California in sacramento ca ask for his asst ms winger and leave a message for him
he is preparing a criminal indictment of chase that will shut them down permanently.
we all need to form a stampede on the govt officials complaining about chase as to their criminal misconduct. it my case it is extortion grand theft and larceny allegedly.
regards
David
Angel
May 5, 2014 at 5:58 PM
THANK YOU:-) 🙂 🙂 🙂 THANK YOU:-) 🙂 🙂 I will be using this info:-) 🙂 🙂 🙂 🙂
step 1. recognize today for what it is..Cinco Day..
step 2. take your last $7.50 and buy a 6 pack and 3 limes..while you can.
step 3. after beer 3, call your LOCAL police…ask for a detective..have your docs ready.
step 4. be prepared to go to the Station…report the Fraud…names..dates..reasoning.
step 5. wait 7-10 days….fill out a ‘request for report’…pay the $5-25.
step 6. submit THAT report w a letter *…notarized..asking for your 3 things…whatever they are.
step 7. wait 30 days for your servicer/abuser to respond…at day 31…go to step 8.
step 8. call me….1.208.703.9525.
step 9. welcome to the Dragon’s Nine Step ProGram. 9….german for ‘NO’.
‘Just say ‘NO’…then call IndigoBro… that’s what EYE wood DO.
****** please include a cc: notice/copy to the appraiser, lawyer, realtor.
Angel
May 5, 2014 at 6:00 PM
Thank you so very much:-) 🙂 🙂 🙂 will be doing this also:-) 🙂 🙂 🙂 🙂
You don’t have an attorney any more? If not,why? Did you ever ask a title company to run your title for you? Did you get title insurance when you purchased the property? What kind of “collateral title issues’ was revealed when you tried to refinance with Quicken loans? Why would flood insurance be forced upon you if you are not in a designated flood zone that requires flood? When you reference the word ‘deed’ are you referring to the warranty deed given by the seller or the mortgage deed of trust? What state are you in?
You have left out a lot of information that would be beneficial to us all in order to help you.
Angel
May 5, 2014 at 6:11 PM
I have a lawyer,I had flood insurance/Allstate,forced flood stems from wrong home value,&incompetence,title issues revealed by quicken is just that,no deed/title/note.& never filed with my county,I’m in ky, & also chase electronically put back 12thousand bucks while still suing me for bogus debt,who gives money,a lot of money to someone they claim owes a debt?
Bobbi Swann
May 5, 2014 at 6:28 PM
@ Angel – the National Flood Insurance Program (NFIP) determines what property is in a flood zone by state, county flood maps. It is not determined or have anything to do with the value of your home. It does make a difference at what elevation you are at as to the level of insurance you will have to have. If you are within a designated zone that requires flood insurance according to the flood maps you will have to carry that insurance as long as you have a mortgage. And, if you have title issues and you have an attorney then those issues should be brought to the court’s attention. Attorneys have the capability of getting a title search done and that’s what should have been done from the get go. You should go back to the agent who closed your mortgage whether it be an attorney or title agent and have them pull your file. Your title insurance that you paid for would cover ‘defects’ in title. Make them anty up and pay! File a claim on the title insurance underwriter (i.e. First American Title, Fidelity Title Ins., etc, etc.) Did you get copies of these things when you closed and did you ever received your Warranty Deed back from the recorder’s office when you closed on your home?
Angel
May 5, 2014 at 7:01 PM
Bobbi,I am in a flood zone in 2008-2013, I had flood insurance,& chase was going by home value,FEMA is a set amount,chase requires 80%coverage on flood,80% of my home value,,as of 2013 I’m No longer in a flood zone according to notice from chase?
Angel
May 5, 2014 at 8:15 PM
Bobbi,I have everything from the closing,but Nothing from my county,it was never filed,,I’ve been served 2summons,2-2011 & 4-2012,the last one is amended..& clearly states on summons,due to clerical error the deed/note has become ”lost” & due to clerical error”never filed in our county” they serve me,I respond with bank statements/notices from within chase of confirmation of account current & PD on time,boom run around,passing me off to Executive Offices to be shredded verbally,to going above their head w/complaints to boom! Served again same default already proven paid,,,I’m being 100% jerked around,since 4-2012 to now 5-2014 I’m still in limbo,passed along/over,,,its getting beyond toxic on me/normal life but my DNA will NOT allow me to quit when I did ZERO to deserve this nightmare,,THANK GOD FOR SITES LIKE THIS:-) 🙂 🙂 🙂 🙂
this weekend the AGs….all of them…are getting ‘recalibrated’….so that china does not foreclose on these United States….eventually the ones who ‘allowed’ the theft have to drop the hammer…and help compensate those robbed….either they investigate and try/fry….or they learn mandarin….they were presented the option…. enjoy the roses…777
I now know why they called…..they…the Bank cage…like in vegas…the springs. W a t e r….
Legal shield 424213 lombino martino randy martino and sally hiserman.
alleged chase confession of wrongdoing in their own hand employees blowing their whistle and all on chase stationery . there over 10,000 additional docs from chase and other emails and docs to support these substantiated allegations
copy to mr wagner us attorney sacramento ca pursuing chase for criminal misconduct related to $ 13.5 billion fine against chase by eric holder us doj AG and mr uran of Portland Oregon u.s. attorneys office who has talked to mr potter about this.
please see screen shot save of feb 1 2013 notice from chase.com. giving me paperless notice I need t o pay my payments ON MY MORTGAGE TWICE GOING BACK TO MAY 2012 AS GIVEN NOTICE ON JAN 12 2013 FOR PAYMENTS IN THE PREVIOUS TAX YEAR. THIS IS JUST ONE OF THE ALLEGED EXTORTION ATTEMPTS THAT TOTAL $ 476,000. they reversed in the spreadsheet Rick and Tiffany both have. in other words they took the payments put them in their pockets and put them in suspense after reversing them after they were applied the year before and then charged escrow payments seen in the attached docs in the escrow summary starting in 2013 to eat up the escrow balance. THE REVERSED PAYMENTS WERE NEVER REPORTED TO IRS.
the escrow tx history is non compliant with the escrow federal accounting mortgage act that has specific formats for chase to use. I sent them via secure email from chase.com website for my mortgage account with complaints to uscfpb as well and copies to rick potter, my request for an entire 2013 year with full and accurate explanation of all the charges and the balance of the escrow cushion and charges to it as allowed by the above federal law.
they denied my request and have no idea what the cushion balance is or any transactions credit or debit to it.
they stonewalled me.
we now with the two docs attached have in my opinion a full confession of wrong doing including extortion , grand theft , grand larceny by chase personnel including kevin watters and ceo of chase mortgage or chase home finance along with mr mike zsarro s.v.p of chase home finance default management group ej reed Vicky hall Tanya smith supervisor , joe shea
evita clowney , Teresa sparks along with local chase bank personnel rob mally v.p. Kelly matthers fired v.p. and lena Houston senior v.p here in Vancouver wa. all with full knowledge of conduct specified above.
the total amount of extortion attempts including the $ 313,000 BALLOON PAYMENT NOTICED TO ME BY CHASE.COM WEBSITE FOR A FIRST TRUST LOAN THAT I NEVER APPLIED AND EXTINGUISHED ALLEGEDLY BY TARP MONEY AS TESTIFIED TO ME BY OTHER CHASEMDLSETTLEMENT.COM SUIT CLASS ACTION MEMBERS, EXTINGUISHMENT OF MY ORIGONAL LOAN NUMBER AND LOAN BALANCE USING TARP MONEY IN ORDER TO NOT HAVE TO NOTIFY THE FEDERAL JUDGE OF THE TWO MILLION MODS DONE ON LOANS IN WASHINGTION STATE AND THE OTHER U.S.STATES IN THIS NATIONWIDE LAWSUIT.
BY DOING THAT CHASE SAVED APPROXIMATELY 2 BILLION DOLLARS AND WOULD HAVE RECEIVED MUCH LESS INTEREST ON THE LOANS . BUT THEY ALSO PER MR POTTER’S LETTER TO CHASE ATTORNEY MS BOLLERO ALSO WROTE A UNILATERAL LOAN FOR ME WITHOUT MY PERSMISION WITH HIGHER INTEREST RATES HIGHER LOAN TERMS WITH BALLOON PAYMENTS ON FIRST TRUST LOANS AND DID THE SAME THING TO APPROXMATELY TWO MILLION OTHER CHASE MORTGAGE LOANS FORMER BEAR STEARNS EMC MORTGAGES.
THE ESTIMATED TOTAL AMOUNT OF EXTORTION ATTEMPTS ON ME BY CHASE MORTGAGE INCLUDING THE BALLOON PAYMENTS DUE IN 2037 WHICH MR POTTER HAS A SCREEEN SHOT SAVE BY ME IN HIS RECORDS IS INCLUDED IN THIS AMOUNT.
THE TOTAL AMOUNT OF ALLEGED STOLEN PAYMENTS BY CHASE SINCE 2007 EQUALS APPROXIMATELY $ 55,000 WHEN WE INCLUDE INTEREST ON MY MONEY STOLEN BY CHASE IN UNAPPLIED PAYMENTS REVERSED PAYMENTS AND NO MORTGAGES STATEMENTS ON TWO LOAN NUMBERS FOR THE FIRST TRUST.
RIGHT NOW THERE IS NO RECORDING OF ANY VALID LOAN AT THE COURTHO– USE ASSIGNED TO A BENEFICIARY OF INTEREST AND CHASE REF– USES TO CREDIT ME FOR THE FOUR PAYMENTS AHEAD SHOWN ON MORTGAGE PAYMENTS FROM 2008 AND THEIR OWN WEBSITE FOR BOTH OLD AND NEW LOAN NUMBERS
AND NOW WE HAVE A FORCED PER APRIL 14 2014 LETTER FROM CHASE MS TERESA SPARKS ATTACHED SHOWING I HAVE A UNILATERAL LOAN MOD ACTIVE AND NOT APPROVED OR APPLIED FOR AND PAYMENT OPTIONS AT 1.86 PERCENT
FOR A LOAN BALANCE OF $ 89,176 DOLLARS AND CHASE’S MS VINCNET LETTER TO MR POTTER SAYING MY LOAN BALANCE IS $ 388,888 DOLLARS ONTHE FIRST TRUST AND CHASE REPORTED TO TRANSUNION THAT I OPENED A NEW LOAN WITH THEM FOR $ 300,800 AND RICK POTTER HAS THAT PRINTOUT AS WELL.
IN OTHER WORDS TWO FIRST TRUST LOANS SIMULTANEOUSLY.
THIS YEAR CHASE GOT THE SECOND TRUST LENDER TO SEND ME AN AFFIDAVIT TO SIGN THAT I STILL LIVED IN THE HO– USE WHICH I SIGNED AND RETURNED TO RUSHOMRE LOAN MGT SERVICES WHICH DOES NOT HAVE AN OFFICE IN WASHINGTON STATE AS REQUIRED BY STATE LAW AND NOT ENFORCED BY WAS H STATE AG .
MR POTTER IS CURRENTLY BEING HARASSED IN VIOLATIONOF THE FEDERAL FAIR TELEPHONE COLLECTOIN PRACTICES ACT BYCHASE’S MR JOE SHEA OF GAHANNA AND COLUMBUS OHIO TO ALLEGEDLY FORCE ME TO SIGN A LOAN MOD WHICH I WILL NOT DUE UNDER ANY CIRUCMSTANCES.
CHASE HAS LIED ALLEGEDLY TO THE U.S FEDERAL DISTRICT COURT JUDGE IN BOSTON IN REFERENCE TO AL L THE OLD ACCOUNT NUMBERS AS SHOWN ON THE LOAN MOD DOCS ATTACHED TO THIS EMAIL BY OMITTING THEM TO THE JUDGE ND COURT PER ORDER UNDER CHASEMDLSETTLENNT.COM SO TWO MILLION HOMEOWNERS DO NOT GET THEIR MODS AND STOPPED FORECLOSURES UNDER THIS LAWSUIT SETTLEMENT ORGINALLY FILED IN YAKIMA WA IN JANUARY 2010 AS A FEDERAL FAIR DEBET COLLECTION PRACTICES ACT CASE WITH A STATED MONETARY CLAIM OF BILLIONS OF DOLLARS FOR HOMEOWNERS AND DISABLED VETERANS LIKE ME TO GET RESITUTION FOR HARM DONE BY DUAL TRACKING FORECLOSURE AND FRAUDULENT LOAN MODS DONE BY EMC MORTGAG BEAR STEARNS CHASE FROM 1999 TO 2010 ON FIRST AND SECOND MORTGAGES THAT WERE ALL FRAUDULENT AS SPECIFIED IN COMPLAINTS FILED BY KELLERROHRBACH.COM IN FEDERAL COURT IN YAKIMA WAS PER FEDERL FDCPA. CONSUMER HOMEOWNER COMPLAINT AS A CLASS ACTION JUST FOR WA STATE HOMEOWNERS.
IT WAS CHANGED AND MONETARY CLAIM DROPPED BY KELLERROHRBACK AND THE FEDERL JUDICIAL MDL COMMITTEE FROM THE SOUTERN FEDERAL COURT DISTRICT OF NEW YORK AND CHANGED TO LOAN MODS ONLY NO MONEY TO HOMEOWNERS ONLY MORE ALLEGED FRAUDULENT LOAN MODS WHICH CHASE IS TRYING TO FORCE ON ME NOW AND I AM NOT EVEN IN THE LAWSUIT CLASS PER LETTER FROM CLASS ACTION COUNSEL EVEN THOUGH I WAS PROMISED I WOULDBE BY SAID COUNSEL IN WRITING AND OVER THE PHONE.
FOR THIS I FILED A STATE BAR COMPLAINT FOR THAT AND THEYDID NOT APPEAL THE FEDERAL JUDGE REFUSAL TO CHANGE CASE BACK TO FEDERAL FDCPA JUDGE ROBERT A STEARNS OF BOSTON MA FEDERAL DISTRICT COURT.
END OF EMAIL
PLEASE SEE ATTACHMENTS FOR CHASE CONFESSION WRITTEN BY THEIR EMPLOYEES IN OHIO BUT NOT SIGNED BY ANY EXECUTIVE SUCH AS MR KEVIN WATTERS OR JAIME DIMON.
AND ON CHASDE STATIONERY AND DELIVERED TO ME VIA CHASE.COM AND U.S.P.S MAIL ON SATURDAY MAY 3. 2014
REGARDS DAVID BLACK
I A M PROTESTING TO THE WA STATE BAR IN SEATTLE WA THE ALLEGED SELLOUT OF ALL DISABLED VETERANS LIKE ME BY NATIONWIDE BY KELLERROHRBACH.COM BY NOT MAKING SURE THAT CHASE NOTIFES ALL 2 MILLION LOAN MOD VICTIMS LIKE ME.
WHEN PART OF THE SETTLEMENT IS THAT THE FEDERAL JUDGE WILL SET ASIDE ALL FORECLOSUES IN PROCESS BY CHASE IF THE HOMEOWNER/VETERAN RECEIVES PROPER NOTICE FOR BOTH THE OLD AND NEW LOAN NUMBERS THAT WERE ALLEGEDLY OBTAINED ILLLEGALLY BY CHASE USING FEDERAL TARP MONEY IN VIOLATION OF THE US FEDERAL FALSE CLAIMS REFORE ACT. WHISTLEBLOWER LAW.
there is a related lawsuit by ny ag eric schneiderman in new York superior court by his office against chase bear stearns trusts after cohen and Milstein sued and settled with chase bear stearns on behalf of the investors in my mortgage which mr schneiderman is using again on behalf of the owners of my mortgage
boilermakes and blacksmiths union of Kansas city Kansas and two other pension funds railroad and health care
all afl cio related labor organized labor unions under jurisdiction of the u.s dept of labor.
regards
David F.Black a permanent and total disabled cold war / Vietnam era veteran by us federal veterans administration and us federal social security administration related to military naval service during viet nam war.
Bobbi Swann thank you! I will read what you sent, and I had that 559.552 in there. The judge ignored so I am going to use Florida Civil Rules of procedure 1.190(d) that I have a right to amend my affirmative defenses with new evidence coming to light. Believe me I plan to bring it all into his face! Thank you! I just found 1.190 after I posted and I am also going to look into some other things with the FDCPA etc.
ldynps I don’t believe I can at this point, as the pleadings are closed and we are one month away from the close of discovery. That Answer I filed was already an amended one the judge gave me permission to file. Thanks, I will look into the rules. Thank you though
Flip that pyramid over sunshine…..THEY are in OUR corner….they want a watch that tells the time so to speak…..ACCURATELY…no fraud….in Asia….fraud is shame worthy.. akin to karmic murder. I am ‘sharing’ the news…and it is good.
ps…there is no such thing as mafia….only karma and that we make ourselves….solo.
We are in a safeharbor now…..w big friends…my enemies’ enemy is my Friend….I am from L.A….18th St is on a peace accord…top down…y soy la ona…mi otre familia…mi vatos…we ride.
I have a very important question.
I filed a comprehensive answer and affirmative defenses. I scoured this course to do it correctly.
Unfortunately at that time I didn’t realize that under the FDCPA I was protected against this debt collector.
Now the judge is telling me it wasn’t in my affirmative defense so I can’t bring it in.
Is this true?
He also says that the UCC “trumps” the FDCPA in Florida. Any knowledge about this?
(Sorry I don’t see how to begin a new topic on this forum)
Thanks
Chris
@ drchris11 – Obviously you are in the state of Florida. I believe he may be wrong on ‘UCC trumps the FDCPA in Florida. See here taken from the Florida Statutes:
559.552 Relationship of state and federal law.–Nothing in this part shall be
construed to limit or restrict the continued applicability of the federal Fair
Debt Collection Practices Act to consumer collection practices in this state.
This part is in addition to the requirements and regulations of the federal act.
In the event of any inconsistency between any provision of this part and any
provision of the federal act, the provision which is more protective of the
consumer or debtor shall prevail.
As the UCC (which is a Federal Act) you should read the below and pay attention to page 11 with regards to state courts.
Oh, and you should be able to file Leave to Amend as is your right to do so before the close of discovery. If needed, you can research the law library for prior cases that have done so and cite those in your filing. Plaintiff’s attorneys do it all the time. I know, they have done it in my own case.
Karen….way to go!!! Thank you most of all for sharing this wonderful TKO..in the 12th…lights out on the 7s. Guuuuurl….you just broke thick ‘unbreakable’ ice….precedence was set…and then shared …..smashes top only of full chilled Dom Magnum….lowers on rope w card…flower..and thanks…..in the end…good always wins Karen and your support team…never easy, always worth it. Again…..by communication like yours…we all share in your VICTORY…JUSTICE….and LIBERTY…you may need 2 yrs to fully recover….expect an adrenaline fallout….tears of joy. 777
here is some all of our stolen money – read article- a partnership between Fidelity and LPS – you remember them LPS Docx that wonder woman who made millions of fraudulent documents
Fidelity National Financial Management Discusses Q1 2014 Results – Earnings
Garfield/Weidner talking about judges allowing perjury in FL. Real reasons why we’re frustrated with the courts but it goes to political system etc as well. It seems some are resorting to not go through discovery it’s so bad. Bottom line we have to do our own presentation of the facts and we have to handle our own situations as best we can. Hopefully doing the former as a group will help us on the latter. http://mattweidnerlaw.com/florida-courts-taking-advocacy-role-tossing-around-foreclsoures/
Hammertime – the link you provided is my attorney in my case. I not only go to my hearings but I’ve also sat in some of the other hearings for Matts clients. It is a joke! It’s not just one county, but in all of them. I’ve been to Pasco hearings and Pinellas hearings and it’s the same vulgar desecration of due process of law as well as our constitutional rights. Matt Weidner is a fighter but I’ve also seen how the courts are wearing him down as the judges turn their heads from the scrupulous banks. Ice Legal, Evan Rosen along with Matt Weidner are all fighters but war weighs heavy as time trogs along. Let’s all continue to support our fighters just as we support our Armed Forces. : )
hammertime
May 2, 2014 at 4:26 PM
Yes, we’re all in this fight together, the attacks on veterans, seniors are salt in the wound. But it’s good to hear there are others out there. Recent posters also reflect how we’re all affected. The recent 4closurefraud posts also reflect how things are going and what a critical time it is.
Would be great to be able to collaborate with these fighters as homeowners.
On that note I’m trying out this file sharing site that can be expanded if it makes sense. I have a couple of docs up that represent just one example of bank “untruths”.
My social media skills are mostly theory but sounds like you have a handle on it and the fc/court issues as well.
You can submit your email at following link and I can send you link if you would like to join up to test “beta” version. http://bit.ly/Si8EL5
If we can get this info out there we can help burst that bubble Mandelman, others and we are trapped in.
Following housing info hit home with Garfileds post today about the shell game.
“It has been a week of weak numbers, and
analysts are now revising down their estimates for
2014. “Several key metrics of housing activity have
shown notable weakness in the first three months of the
year,” wrote analysts at Morgan Stanley who downgraded
the range of full-year 2014 sales to 4.75 million to 5
million units, a reduction of as many as 1 million
homes. “In our view, the rationale for the weakness
comes from a combination of three factors—severe
winter weather; a transition away from investors
reliant on distressed and cash purchases to mortgage
credit-dependent buyers; and affordability challenges
for first-time home buyers.”
” Investors, having priced
themselves out of several formerly hot markets, are now
pulling back somewhat on purchases, leaving a
historically short supply of lower-priced homes for a
usually strong cohort, the first-time homebuyer. “This
institutional investor dynamic is a whole new era I
think,” Robert Shiller, creator of the S&P/Case-Shiller
Home Price Indices, said on CNBC’s “Squawk Box” on
Tuesday. “As institutional investors start to play in
the single-family market, that just changes it
fundamentally.” Regular, credit-dependent buyers are
just not coming back to the market as fast as expected.
In fact, the nation’s home ownership rate fell to its
lowest level in 19 years at 64.8% in the first quarter
of this year, according to the US Census. Household
formation is also running at about half the rate it
should be, given current demographics and pent-up
demand.
“Household formation is critical for the housing
recovery. With so many young people living with their
parents or roommates during the recession, the housing
recovery now depends on how quickly young adults
re-enter the housing market,” said Jed Kolko, chief
economist at Trulia.”
‘zilla smashes magnum on outside of c uh-oh’s office window…pours half to parched onlookers below….champagne flows for us too….christ we paid for it…didn’t we…..I would NOT want to be Jaimie….Steve….Matthew…any of them….Timber!
thank you capn’ ….
met life is out of the biz correct…and yes…I helped get them ‘focused?’….but they have 4.2 million (or a substantial portion thereof)…of carcasses they walked over to make those cozy..fancy expensive commercials…you know..the ones where mom is left w no life insurance but FretLife saves the day….rest assured…MetLife cares….snoopy…smiles…and fraud….a hat trick of bully tactics…I call BS…MetLife cared about as much for me as well…the lawyer they hired to ‘do battle / do fraud…news flash..if they’re caught in a barrel. ..it ain’t really fishing now is it? God help MetLife…I will drop this stock single handedly…..while I prepare my WB suit….Rust is on my $hit list too….Matthew Potter and Steve Kandarian…and Laura Burri….come get famous….come get your prize….you earned it…..advice: always know who you’re robbing…j/sayin’.
We will fight this and we will win our $ back…with interest….global and heavenly….7up.
$33 m x 3 for punis….ORCA CA #2 <— liver / onions…..
I’ve set up a place for file sharing. Could be expanded for full social media but want to test out first. I’ll friend emails I have from recent posts if you would like to participate in a beta run for file sharing and start/build dialogue for other ideas.
I won in court today as a per se, only got as far as taking apart the witness for bank of ny, bayview. then Shapiro, Fishman attorney McFadden all of a sudden with drew from the case with out prejudice? I think ,this is a 2008 case, with robo singed assignment, how do I get attorneys fees back, went per se after 2 attorneys failed to put forth what I knew would win the case, any advice would be helpful, also want to void the MIN# and loan #
thanks for everyone out there, between the Father’s help and everyone we prevailed!!!
JamesM - JamesX
May 3, 2014 at 12:29 AM
Karen – Contact me by email, or call me.
Make sure there is a Notice of Voluntary dismissal in the court record OR a transcript of the hearing where he says he want’s to voluntary dismiss the case.
I don’t like giving my details publicly, and don’t post my phone number as digits, but do call and we can sort out the results of the court hearing.
This is an invitation for Karen only. My area code is for Broward County FL and the exchange is number is seven two eight, with the last four digits of nine three five one. If I am out leave a message.
hammertime
May 3, 2014 at 1:16 AM
Great news! Congrats! It’s a great feeling to see a post like this though too few and far between. But hopefully will be a start to a trend we can help push along.
Good questions we can hopefully follow up on. Did you include quiet title in your case?
Please sign on the file sharing, if you haven’t, and we can review your case files.
Bobbi Swann
May 3, 2014 at 2:34 PM
@ Karen – you do realize that ‘dismissed without prejudice’ means that they can come back and file again? It only dismisses the current case but gives them leave to file against you again in the future.
JamesM - JamesX
May 4, 2014 at 1:54 PM
In Florida there is no such thing as taking a voluntary dismissal without prejudice.
If voluntary dismissed once it is as if the action never happened. Automatically without prejudice.
If done over the same note with the same alleged default date it is automatically with prejudice.
If done after the trial has started it gets more complicated, and even if it is the first time MIGHT be automatically with prejudice, depending on what stage the trial is in. This sounds like your situation.
Whether or not it is with prejudice, (prevents the same complaint being filed again), is a mater of law under the rules of civil procedure, not something the party can elect.
So did the court dismiss the case, or did the party take, or notice, a voluntary dismissal?
I would like to talk to you further so I understand exactly what happened, and to make sure you have the right end of the stick. Sounds promising. Let’s make sure there is no wiggle room.
JamesM - JamesX
May 4, 2014 at 8:40 PM
Karen – I have re-read your note. I understand you are excited, but you said:
“attorney McFadden all of a sudden with drew”
An attorney withdrawing is not a win.
An attorney withdrawing the pleading by filing a notice of dismissal is a win.
Karen – Please contact me by method described in my note below and we can discuss what you need to do to confirm this. Also I may be able to suggest were to look for the right resources you need, which will guide you regarding recovering your costs if it is actually dismissed.
David, why don’t you contact an attorney or two who can explain LEGALLY what went on, and then let us know. And why aren’t you petitioning the Court to make Findings of Fact and Conclusions of Law on your matter and doing your Discovery !!!
FYI I feel for you I to have been fighting Chase for over 3 years where many people would have walked away. In my case I have some good investments which afford me the cash flow I need so everything that they throw at me my attorney answers. My next step is I am going to have my attorney start sending subpoenas out to depose some of the Chase Employees whether they are still employed by Chase or not I know it will be costly but who cares. I am presently waiting for the Judges answer on there motion as well as my answer.. I feel for families who do not have the financial resources to fight them. It is a complete sham what our banking industry has become but hopefully justice will prevail and we can score a win for the little guy.
With the recent opinion from the Florida Appeals Court on the HSBC case lately, wondering if the Florida courts would have cause to review their opinion…..
Hi Bobbi obviously you r more read up on this than I and I am learning from you because when chase offered me a forebearance that lead to my ” permanent” mod which chase never honored. I noticed that they were waiting until they had received enough payments from me to make up one of the original payments before they would apply them and yes they have been dual tracking me from day one. I have record of all my payments and I suppose at some point depending on this class action settlement, I will have to see how entirely they were applied.
david, it seems to me that you would have acopy of the original mortgage,executed and if chase created a fraudulent mortgage, they would have created a fraudulent signature on your behalf and furthermore if it was never recorded, then I would think that it would not be valid in a court of law. I don’t know what state you are in, besides frustrated. I am really sorry to hear of your situation. Im sorry I just don’t understand how they could create a whole new mortgage without you being first advised by Chase, but we all know of all the fraud they are getting away with and they are not getting richer off of me because if they fail to honor for the 3rd time the HAMP they gave me in 2010, I will take another route to expose them. plus that net present value calculator should not even apply. CHASE BREACHED, NOT THE HOMEOWNER.
@ Lms – I’m not bitter; just facing the facts. If a loan modification is TRULY a modification, then it has to be recorded in the public records just like they recorded the mortgage. They have to show in public records that such mortgage was ‘modified’ from it’s original terms. I do not know of any modification that has been recorded and these lenders have no intention of doing so. First of all, if a loan has been securitized (bundled& sold) then technically ALL of the investors of that particular securitization have to consent to the modification. Servicers don’t have that legal power to do that. Understand that when a loan is sold on the secondary market the original lender was paid from the proceeds of that securitized sale. They never recorded the assignments when those loans were sold so you never knew. They set up and used MERS as a means of avoiding the payment to the county recorder’s to record all of those assignments. (that’s another story altogether). When your lender makes a modification agreement on a securitied mortgage it is worthless!!!! Check your county records under your legal description. Any modification recorded there? Check the modification paperwork as well. Do you see any type of notary acknowledgment for the lender? What about your monthly statement showing any of those payments going to principal reduction? None of these will be there. That’s my point! Again, not bitter just facing the facts. These lenders are just taking people down the road, collecting monies and never applying the funds but holding them all in a suspense account and all the while showing you delinquent with an open door to initiate foreclosure.
we shall overcome….dave this is your purpose….meaning in the end…find it.
mr diamond is not above the law….no one is…in fact…I get harrassed by abusive mental midget cops and get jaywalking tickets that cost taxpayers $5,000 w a face value of $5….just like everybody else…..diamond…I hope they make earrings out of you…silver bracelets…anything …just end the corruption one c ‘uh-oh’ at a time…. agreed? My dog could run a multi national better…at least she doesn’t lie and squash dreams….like ‘Jay Me’…..if disabled vets like Dave do not start winning….their fights….then Jay Me…..I will make you call me….and you won’t like that…not one bit….ask Steve down the street….I have cost FretLife…..well…$Billions….yup…w a B…..you Jay Me…..we would swing for the fence…for the ‘T’… $trillion$….and you in a federal prison….any….pick one….just can’t be club fed….it’s full….new rules…mine.
Thank you Captain….like network….you gotta get mad…..grrrrr
777
I received a remarkably poignant call this early morning….mountain time…think 3 am….early…silent white owl early.
Was Bangkok and London Calling….a teleconference of bankers….arbitrage ‘voices’…and someone in a thick Latin accent….said ‘mi casa es 18th street’ and I laughed…they like to f w me….so the call was a heads up of sorts…..said 7 things:
1. we ♡ godzilla….then they said it again
2. they said we have the dragon in our favor
3 they said the Lotus shsll bloom??
4. they said the ny bankers must serve jail time…this time.
5. they said metlife and chase have …..boo-boos…big ones
6. they said our idea of seeking immediate restitution is ‘supported and encouraged’
7. they ssid thanks to This Board… so I said I would post the nod….
snoopy killed my service Labrador s….
zilla swings from flagpole….shakes manhattan…to its foundation. 777
jay me….steve….matthew…laura….YOU are now on the Radar….THE SHOW.
Trevor David Hitchin Kaufman
May 5, 2014 at 8:31 PM
capitalism is really starting to reek…. when will these ceo DBs learn??? New York….you greedy bums ALLOWED this to happen….you were so impressed w their egos…their suits…their greed….. metlife is at $51.50….w a dividend being paid…Abigail…Im suing you too….greedy bitch…..owning a fking corporate meat grinder….fraud will kill America….And I wont care…..let it burn….one ceo at a time.
Jay Me….Steve….Laura…Matthee…..Jesus hates you. Bigtime….. I wont stop until snoopy is bbq’d…… 20 years each. Obama….you are weak…so fn weak…..I want to puke….nice going Holder….scumbags….all of you. Weak scumbags…
bobbi, I am not lookin for a payout, only settlement of my loan. Have you read the settlement conditions? If they don’t comply with the settlement agreement, then they will have to be forced to. There never was an intended payout, except to the attorneys. Why are you and david always so bitter?. I know we are all getting screwed here, but that settlement is one of the few chances I have left so I remain hopeful. There was never any payout , but they are supposed to make good on the modifications that they reneged on.
Who will join me in painstakingly documenting EVERY error and wrongful act, filing civil actions based on them and then doing MORE discovery and obtaining injunctive relief and declaratory judgments.
There are a growing number of debtors who are receiving favorable settlements, however as a condition they MUST agree to a gag order that says they will NOT disclose or publicly discuss the terms of the settlements. THIS is why some of our best ‘fighters’ have clammed up – they had to.
I don’t know why you folks have not been offered settlements just to shut your public voice-ings up, ARE YOU ASKING TO SETTLE and MAKING THEM OFFERS while you’re obtaining documentation that could prove very costly for them ? EVERYTHING YOU OBTAIN CAN BE PRESENTED TO GOVERNMENT AND THE PUBLIC – in fact do you all know how to OBTAIN THE RECORDS THAT GOVERNMENT AGENCIES HAVE ? which can be FILED AS EVIDENCE IN YOUR OWN CASES ???
Anyone who needs help identifying and going after things, I have extensive experience in this and can be of some assistance to you perhaps. I work with folks to basically ‘produce their own documentary’ for use in court, with law enforcement, legislators, media, etc. TALK doesn’t do it…EVIDENCE and the LAW does. DOCUMENT DOCUMENT DOCUMENT… FILE FILE FILE…
Chasemdlsettlement has a clause in it to shut up. I am laying low till I see what the settlement offers us. A payout is worth more than the truth unfortunately and maybe a lot of shut up with a payout
It’s a sad shame, but we need a roof over our head
Bobbi Swann
April 30, 2014 at 6:08 PM
Are you really thinking that there’s going to be a LOT of payout on this settlement? You are kidding yourself and living in fairyland. Even the National Mortgage Settlement only paid out the highest $1000 and the one with the settlement agent was, what, $300. Dream on. Those payouts were a slap in the face but my dignity and self worth has a higher price tag than a measly $1000 and this settlement is not nearly the size of the national settlement. Chase is being levied FINES and those fines are being paid to the gov’t. I highly doubt with those of us as bottom-feeders will receive more than a pittance. You should be able to acquire a dog house for that price (literally),
Well david, I am not sue what the outcome will be from the chasemdlsettlement but reneging on a contract was certainly just one of the things that they have been accused of. yes it it true they never had any intentions of recording the modifications. That is obvious by their crooked actions. My case is not like yours. I have always had one acct # and there is no evidence that Chase ever sold my loan to anyone. They were the original lender and there was never an assignment recorded so I maintain they are the owner and servicer of my loan until I see their fraudulent note and endorsements of that note which I cant wait to see. The class action was formed for a lot of the “mistakes” they were making and we all know they were doing what they were doing on purpose. They never had any intentions of honoring these modifications ever how they went about it. I am sure they are going to try to get around making good on all the people they screwed and are part of this mdl settlement. That remains to be seen. In the meantime, I am sorry for what you have been through and continue to go thru with Chase as we all are feeling the same pain and frustration. I don’t really care about their purchase of WAMU and how they wrote off everything. We will really never know the complete story on that. What we need to focus on here is what we all do have in common and try to build from that. I consolidated a wamu loan with chase before chase ever bought WAMU, but I sure they were contemplating it at the time I refied. Any bad debt that belonged to WAMU ( and I was never in default with WAMU), Im sure was extinguished somehow. I wish us all good luck and hope we accomplish what it is we are looking for. Good day!
call Lori at the MN AG’s Office….I just did. She will hold Matthew Potter’s (pres of rust) well healed feet to the fire….or I will hold their State Accounable….failure to investigate is:is a crime….I know…I know…but ‘theeeeey’ always did it like this….
folks…That Was Then…This is Now….our now….our time. Matthew’s on the potter right now….wincing…..can’t go…scared….someone’s smashing down the door….talking about connections to Chinese Banking Families…..holy robo-signature batman….the people actually got this tiger by its tail….this American Bankster’s folly….come to the feast…help eat the beast…never again….’conslutants’….break it down…con+slut+ants…
fraud / for money / small (dark nrg)and plural….
class dismissed….oh…ps…metlife chose court…fine….more for me…in time…for us…us:us.
buy the ticket…take the ride….and buy the soundtrack to Lawless….the movie….play it while you read this website…..then put some more wood on the fire…in your own way….more wood behind the arrow. …..so to speak…so speak (up)….oh p.s.s. there is no up…no them…no then…only us…here…now.
1♡….2 wings…..1 bird….fly.
I’ll send you an invite to site where we can exchange files and have more discussion and collaboration. I want to test out the file functions first and see if we can lay out some key ideas before we open the flood gates (we hope!) Can make profiles, posts etc private and we can add more functions as we go.
In my 42.5 yrs on Earth…this time round…nanernanernaner…I have found there to be two types of people in the world…nancy kerrigan (s) and tanya harding (s)…David is of the former if this makes sense….I use the ladies as duality ref ONLY…truly you have to choose…as the story goes…David is humble. ..he would never announce his brillance…so I just did….
I spoke to him the other day and his background and technical expertise litterally blew my mind….listen to this man….I sure did.
I placed a $3,000,000 final settlement Offer for fraud committed against me….personally..my County, ‘ADA’ in the State of Idaho. I made this offer to Mr. Steve Kandarian, CEO MetLife Inc. NY/NY.
I have filed my police report as required by State and Federal Law(s). I have to report ALL crime to local…state…regional..federal law enforcement. …my duty as an American..so I do. For me…for you.
I was the early whistle blower on MetLife….to Feds…..they H8 me.
If we go to trial….im seeking $33,000,000 usd….x 3 for punis….7th yr….seven years of battleax battling and well….the offer is on the table….your move snoopy….
oh and I hereby nominate the honorable david as CAPTAIN of this …our new age vessel of force….(tbone hands dave purple heart w red to blue seven and cross star and stars to david)….for valor…for integrity. …for 2014 ‘leadership’….for this to work…we need ALL to consider ‘second-ing’ the motion……. thank you david….no joke…prepare for settlement…stand by for update…..steve is crapping his 88th floor britches…
My experience is Congress, elected officials are passing the buck. Otherwise they’re against bailing us out since we’re “deadbeats” while they bail out the banks in the name of “freedom”.
I have questioned why no one from Chase signs their responses from CFPB or QWR’s. I’ve raised this to question the single point of contact and if they are knowledgeable about my case as required. That’s how we connect the dots based on fact as Garfield or 4closurefraud posts and Tom are saying. It seems alot of cases are lost not because of a coverup but because the plaintiff didn’t present facts! There have even been cases where the judge has told the plaintiff’s lawyer how they ignored the facts.
I’m frustrated I’m still in limbo and CFPB claims they are looking into broken laws but can’t do anything while it looks like by filing complaints I’ve stopped sales including last week.
If there’s a coverup we have to show we are being ignored and being denied our rights and the relief that’s already out there. We need to continue making complaints and make our own public case like we’ve talked about as a group. If you or I do it alone they will always say it was a mistake and pat us in the head or make a big show out of stopping a sale like so called advocate groups do.
I have all my correspondence and plan on using it and if it will help all of us, just let me know and I will get it to you or whoever needs to see it to show just how corrupt these lenders r.
If you have them in pdf form would be good. You could edit pdf’s with GIMP if you don’t have pdf editor to x out any sensitive info. I’ll shoot to have a place to send by Friday.
I think they extinguished the WAMU portion of the loan and are still trying to make me pay it. my mortgage was recorded but not the note. Since I am part of the Chasemdlsettlement, I am hoping that they will be forced to honor the first modification they gave me and they had wrote off a huge portion of the principal and I suspect because of the part of the debt that I consolidated into chase from Wamu, they had already wrote off or paid with TARP.
@lms53 – Promissory notes are never recorded. A note is the instrument by which you have agreed to pay and the mortgage (or in some cases Deed of Trust) are the only instruments which are filed because they are the collateral for wich you have agreed to encumber as part of your ‘promise’ to pay. That’s why they call it ‘secured’ otherwise without the mortgage secured against the note, the loan becomes unsecured. In that fact, foreclosure action is not possible against an unsecured note and if in default of that type of situation would only be a lawsuit to recover monies – totally different animal than foreclosure. If a situation where the TARP funds were used to pay off mortgages you would have received not only notification by mail (which was required) but also a recorded satisfaction of mortgage. That satisfaction would be reflective within the county records.
I do not agree with lms53. Chase is lying to everyone allegedly saying they transferred the WAMU servicing and bear stearns servicing in a simple mortgage servicing rights transfer. like you they are making me continue to pay on a new loan which my attorney characterized as a unilateral loan with higher interest rates and new loan terms including a balloon payment in 2037 for $ 313,000. the only place you can see what chase is doing to others is chasesux.com not sure of the exact spelling.
title 12 of the united states code says a loan transfer including msr transfers must be the same both before and after the transfer. no changes allowed
because chase is lying allegedly about the extinguishment and saying it is just a simple transfer in your case with wamu and my case with bear stearns is that gets them out of one not having to record the extinguishment at the courthouse and the creation of anew loan without your permission which is illegal. and two it gets them out of having to pay for the other 2 million loans that were modified from bear stearns plus wamu loans and having to pay for it. TARP money was definitely used to extinguish these loans and the chasemdlsettlement.com screwed up their plan. plus I sued them for mortgage discrimination and predatory lending under 49 usc 24 cfr title VIII fair housing act . all of chase’s acts are discriminatory and they are allegedly violating so many federal laws and states laws it is beyond comprehension.
so lms53 characterization is wrong flat out wrong. he calls he mdl settlement a breach of contract suit. that is not what it was filed as originally here in Yakima wa for a claim under the federal fair debt collection practices act for fraud and extortion for modifications and stealing peoples homes the original plaintiff in Yakima was a lady who had her house dual tracked after asking for a loan mod.
highly probable that with this new loan mod from the settlement you still have to pass the net present value model per federal reserve regs and no one passes it.
so that means you will be dual tracked and take your payments put in suspense accounts like before and then foreclosed while chase puts you on the phone with 50 of their corrupt employees who suffer from pathological lying to customers like you and I .
so again lms53 is wrong wrong and more wrong.
the original lawsuit for amonetary claim was changed by the federal judiciary
mdl committee out of the federal district court in new York and that claim went away and we all got screwed and the attorneys did not appeal that.
they get $ 10million dollars and we get nothing.
chase and kellerohrbach.com refuse to put me in the lawsuit for my mod on my emc chase mortgage for first and second mtgs in 2008 saying i got a final mod. a final mod has to be signed by a corporate officer and chase never signed mine and tried to manufacture a default three times. they are still trying to do that.
so chase is lying to get out of having to record the new loans with no disclosure which is all a felony in my view. and we have yet to discuss hew derivative hedge bets taken out by chase on all of your loans that when they cash in those bets they make up to 43 times the face value of the mortgage. that is what is driving their behavior.
and all of it is illegal and the ACLU is suing the banks for discriminatory securtization of these predatory loans out of their office in new York city. I talked to the lead attorney there.
Great info Bobbi we can use to cross check. But again we have to untangle the web. Good knot to start from. I always mix up Deed with Note as to recording. Actual requirements vary by state. Another part of this that is used to mix us up is when they claim Deed follows the Note which was never real clear on how it’s applied. From what I read it may vary by state. Coming full circle to basics that Note becomes unsecured if Deed separated. Again just my layman’s understanding.
Bobbi Swann
April 30, 2014 at 10:26 AM
@ David – Your are absolutely correct about the transfer of servicing and you are also correct about modifications. This is the very reason why I am so strongly against modifications. They are just another ‘set up’ for the borrower to fail. I know of no modification that has lasted beyond 12 months, if even that long. Their intent is to never apply those payments but hold them in suspense accounts and all the while they lie in wait to pounce back into the foreclosure scene. Mortgage modifications, if done properly and legally, are to be recorded of public records. Since they are never signed by any authorized person at the lender, they are never recorded.
@ hammertime – the (promissory) note and the mortgage or deed of trust (depending on what your state statutes require) are supposed to follow each other. It has always been the ‘note follows the mortgage’ however it has been challenged in many cases and there is definitely a conflict within the UCC Code as to whether a note is considered a negotiable instrument or not. It is confusing for those states where there is a Mortgage Trust but in all transactions the seller conveys the property to the buyer via a Deed, which is recorded and returned to the buyer. A lender is never to have an original recorded Deed. On the same side with financing, you will have the “Note” and “Mortgage” or “Deed of Trust”. The promissory note is not recorded but the Mortgage must. Unfortunately, in those states that use a Deed of Trust the rules are very much different when it comes to foreclosures. My opinion is that non-judicial (where the Deed of Trust is used) is wrong, wrong, wrong! For the rest of us in Judicial states, there is a constant battle to change it. Just another fist to exert control!
hammertime
May 1, 2014 at 5:34 PM
The other part of this is they cannot be separated but the “following” is used to fudge things up? Before all this non judicial was seen as not allowing due process.
I complained numerous times to both the consumer protection agency and the office of thrift supervision and all I got were letters and chases responses which were lies. I even appealed and never heard back. One big cover up.
But now you should have documentation in hand that shows the lies. See my response below on WaMu part. If they weren’t satisfactory complain again and use the exact verbs and requirements from the settlements. From my responses I have direct evidence. I believe my case reveals many of the contradictions and I’m going to shoot to get it out there. Hopefully we can have strength in numbers. Involve your local officials as well even if they don’t seem supportive. I’m working on a way to use the settlement approach that we can tie in to what Tom’s doing.
Found the copy of the foreclosure manual from Wells Fargo…they attempted to have it with held from a Bankruptcy case and the Judge said NO…it will be entered as evidence of the illegal process to forge whatever documents they needed! This should put a friggin nail in their coffin…read it all if you are fighting Wells…very interesting!
Should be used for Settlement(CFPB) and state Homeowner Bill of Rights complaints. There should be a tidal wave of complaints sent on “unreliable evidence” that can possibly go to invalid foreclosure documents filed or broken chain of title.
in relation to http://www.chasemdlsettlement.com, chase used trap money to payoff the bear stearns loans including mine so they allegedly didn’t have to tell the judge about the other two million modifications done to first and second mortgages. in other words they extinguished their existence.
and then under the fake veil of transferring mortgage servicing rights they in my case created a new loan with higher interest rates and loan terms including a balloon payment in my case. and they are not complying with the promissory note either and so far allegedly stolen over $50,000 od my mortgage payments and escrow funds under loss mitigation for loans I never even applied for.
the old loan is reported t o the credit bureau is paid off.
so now I don’t have a loan but am still paying them.
regards
David
my challenge is to verify that tarp funds were used to extinguish the loans
and the new York ag is suing chase bear stearns trusts again on behalf of the investors.
That should be a huge no-no to change terms while claiming simple transfer. This is where you not only have to follow the money but have to track where the breaks in the chain are. Have your complaints laid out exactly where your documents don’t match what they claim? Don’t mean to be too basic but thinking in terms of forensics. In my case alot starts happening in Sept ’08 when the WaMu “sale” went through even though “my WaMu loan” had been paid off since ’04. I’ve never left it to this “coincidence” though and over time got the evidence I believe makes my case. Like with you though lawyers, officials even family don’t want to believe their lying eyes.With your case, my case and all the others that have been active on here we have a strong set that shows the fraud, extortion and everything else if we can bring it together.
You all realize that the more uncovering of misconduct is documented, the better the chance of getting a foreclosure – pending or already finalized – tossed out.
To show you just HOW complicit regulators have been in the fraud, it has now been discovered that the Office of Comptroller of the Currency and the Federal Reserve overlooked massive numbers of errors in banks foreclosure files. The consulting firm Promontory Financial Group found far more errors in banks’ foreclosure files than regulators.
Rep. Elijah Cummings, D-Md., usually an apologist for bank misconduct, wants to know why.
Knowing Rep Cummings, I would not be surprised if he blamed Promontory, the investigative firm, for the difference, but he is up for re-election, so this time he might propose or support action holding the REGULATORS – long overlooked as being in on the fraud – to new, higher standards and disciplining some of the industry insiders who run them, instead of protecting them, which he and others in Congress have been doing.
The OCC was faulted for their handling of complaints in ’08/’09 as well. We should also have him look into the unlawful acts that were admitted by the Independent Foreclosure Review that Sen Elizabeth Warren asked for. Sen Warren is speaking out against the administration and the GOP in Congress with her new book. At least a couple of potential allies.
That’s how I got involved with chase. Consolidated a arm wamu loan with chase in 06, but it was before chase bought wamu. I am sure they wrote off wamu’s liabilities
@ Lms52 Loans on the books from a failed institution are never written off. Those mortgages are considered ‘assets’ and were sold to JP Morgan Chase for about 1.9billion, Their liabilities as you referred in your post would be advances from the treasury and other debts like lease payments on properties that housed WAMU. At any rate, any existing mortgage with WAMU then was transferred to JP Morgan Chase.
Ok now this is good, let’s break this down since this could be the key to blowing up one of the big lies of it’s how things were done and we should just accept what they say. If you made a “new” loan with Chase in ’06 it is NOT a WaMu loan! But this is where I believe it gets twisted. They manipulate the fact that it wasn’t a “new” loan because THEY failed to actually go through a transaction or properly record the Note etc to include non WaMu loans in the sale that should not have been included if what I’m seeing in my case and yours bears out. This is another version of what David is saying I believe with TARP. If I’m understanding you correctly your loan just like mine should not have been considered a WaMu loan and they should not have claimed it as part of the sale. So there are two basic arguments in these types of cases, first that the sale and/or TARP actions extinguished or there was payment made to the balance and the loan was changed and the “new” lender is enriching themselves or second that there’s a broken chain of title and they are either in error claiming the disputed loan to be a WaMu loan or possibly fraudulently took the Note or benefited by claiming it was a WaMu loan when it wasn’t. Hope this makes sense but probably won’t since it’s based on the fraud and deceit they created unless you make the distinctions and I’m in brainstorm mode!
Couple of interesting cases that show we are dealing with the manipulation of our laws and legal system at every level.
From the DOJ case filed by Better Markets, Inc regarding Chase’s own possible fraud rather than blaming Bear Stearns, WaMu:
“In preparation for the news conference, the U.S. Attorney for Sacramento, Mr. Benjamin Wagner, flew to Washington D.C. on or about September 23, 2013, with at least two large charts detailing JP Morgan Chase’s illegal conduct. U.S. Attorney Wagner had amassed nationwide evidence of fraudulent activity by JP Morgan Chase itself, apart from the conduct of either Bear Stearns or Washington Mutual. Further, the DOJ had the benefit of detailed information from at least one employee inside the bank, a whistleblower, who was assisting prosecutors. The DOJ planned to display those charts during the news conference as part of the presentation of the lawsuit describing JP Morgan Chase’s illegal conduct.”
The settlement didn’t allow this info to be presented in court is being alleged along with strong separation of powers, Constitutional issues.
From class action filed that was dismissed it looks like due to jurisdiction conflict? with national mortgage settlement, http://chasehomefinancesux.com/?p=3104
“Bakenie further claims that Chase’s “pattern and practice of playing ‘hide-and-seek’ with debtors, judges and other bankruptcy players” resulted in the bank securing motions for relief of stay and proofs of claim in 95 percent of its cases. According to the lawsuit, an extensive network of attorneys working for Chase filed more than 7,000 motions for relief from automatic stay in bankruptcy cases in the Central District of California, “wherein they falsely claim to be the party entitled to monies due under the terms of MLNs.” The lawsuit also claims that Chase rewards attorneys based on how quickly they can secure the stays, and uses fabricated documents to establish chain of title on loans.
Essentially, the lawsuit claims, “Rather than incur the cost of ‘proving up’ its own standing or the standing of its principal Mortgage Backed Security Trust, Chase systemically misrepresents Chase or a designated MBST to be a creditor in tens of thousands of bankruptcy cases by utilizing manufactured documents. “
The lawsuit also claims “That said practice allows Chase to dump defaulted loans that were never properly securitized by Washington Mutual (WAMU) and other originators acquired by Chase into private mortgage backed security trusts by creating the illusion of a valid transfer. Said practice shifts the liability of defaulted loans not properly securitized by WAMU, from Chase to private mortgage backed security trusts. The practice allows Chase to effectively mitigate the millions of dollars in liability of the WAMU acquisition, where WAMU failed to transfer MLNs of its portfolio before its demise. Said practice shifts losses from WAMU to MBST bond investors.”
This could be strong support for our individual cases or a group case and for us to continue ot make complaints at local level as well. A local agency in PA had demanded a copy of the complaint the DOJ was to file but Chase settled with them.
The entire thread is there but you will have to click on ‘older comments’ to bring them up otherwise it would be pages and pages long. I’m sure the design of the site is meant to be streamlined but does allow you to pull up the older comments.
still here http://www.bills.com/chase-home-finance-lender-profile/
Under Chase Mortgage possibly. Interesting they give them 4.5 rating while there’s over 100 with 1. Again in group form we can ask them to tell us how that works! “Knowledgeable Customer Service”?!
Another good quote from CNBC story on consumerist, second try
“The short 6-minute segment has gotten a lot more attention than most people would normally pay to CNBC, thanks in no small part to Reuters’ Felix Salmon, who wrote of the horror he witnessed on TV:
This view — that profits cleanse all sins, and that so long as you’re making money, nothing else matters — is not normally expressed quite as explicitly as it was here. After all, there are licit and illicit ways of making money, and surely if your profits fall into the latter category, you should not be able to remain comfortably ensconced as a celebrated captain of industry.
In a response to the piece posted today on Salon, Pareene admits he might have made a mistake:
I may have erred in citing the notoriously liberal New York Times… when the same information has also been reported in more business-friendly outlets like Bloomberg and the Wall Street Journal.
As for Bartiromo’s repeated questioning about who out there could possibly do a better job of running Chase than everyone’s favorite CEO, Pareene responds, “I don’t think Jamie Dimon’s job, or his bank, should exist at all in their present states. I think the exclusive focus by corporations on shareholder value has been pretty awful for the world economy and its poor and working classes, and I think the idea that profitability is its own justification is not a viewpoint shared by anyone outside the bubble of the 0.1 percent, but I have absolutely no f’ing clue who should run JPMorgan Chase and Co. Let Maria Bartiromo run it, how is it going to get any worse?”” edited
“The short 6-minute segment has gotten a lot more attention than most people would normally pay to CNBC, thanks in no small part to Reuters’ Felix Salmon, who wrote of the horror he witnessed on TV:
This view — that profits cleanse all sins, and that so long as you’re making money, nothing else matters — is not normally expressed quite as explicitly as it was here. After all, there are licit and illicit ways of making money, and surely if your profits fall into the latter category, you should not be able to remain comfortably ensconced as a celebrated captain of industry.
In a response to the piece posted today on Salon, Pareene admits he might have made a mistake:
I may have erred in citing the notoriously liberal New York Times… when the same information has also been reported in more business-friendly outlets like Bloomberg and the Wall Street Journal.
As for Bartiromo’s repeated questioning about who out there could possibly do a better job of running Chase than everyone’s favorite CEO, Pareene responds, “I don’t think Jamie Dimon’s job, or his bank, should exist at all in their present states. I think the exclusive focus by corporations on shareholder value has been pretty awful for the world economy and its poor and working classes, and I think the idea that profitability is its own justification is not a viewpoint shared by anyone outside the bubble of the 0.1 percent, but I have absolutely no fucking clue who should run JPMorgan Chase and Co. Let Maria Bartiromo run it, how is it going to get any worse?””
@ Hammertime and all others, please bear in mind that this segment ran back in September 2013. Since then, the Chase settlement has been made and Dimon is still at the helm. Little good this news did and Maria, by the way, moved to FoxNews (YIKES!) the following month in late October or early November 2013. Maybe she was forced to take that stance on MSNBC’s policies….FOX certainly does not!
hammertime
April 28, 2014 at 4:02 PM
Looks like there was a full court press to give Dimon free pass. I’m surprised she moved but I think she still has Sunday show? Musical chairs. I’d been pretty disgusted with cable news, any news but good to see how it all came together. The DOJ lawsuit hopefully will gain traction and we can get the attention focused through complaints and group effort.
hello
what chase did in that lawsuit allegedly since they or kellerohrbach.com wont let me I nthe law suit is extinguish all the bear stearns loans in the trusts with TARP Money and then created newloan numbers with in my case higher interest rates and balloon payments ie predatory loans and didn’t give a dime to the investors. the investors are suing chase again via the new yor kag for cheating the investors again.
the bottom line anyone with a bear stearns loan has no loan it was extinguished. anything that chase is sending you with a 102 account number not the 002 account number is a fraud. in my case with that payoff I have no loan no nothing and they are trying to extort me for more money for aloan that they created unilaterally calling it a mortgage servicing transfer . you cant transfer a loan that was extinguished.
Bobbi r u part of the chasemdlsettlement. Class action. Because if they r transferring the servicing of ur loan and u r part of the settlement, u will be automatically opted out which I would not be surprised for chase to pull a stunt like that since this class Action is about breached contracts, the oldest law of the land??? They r going to have to make good on this one!! It has nothing to do with all their other fraud. What can they do when you have your customer string to pay in “good faith”. And they reneg on the contract????
@ Lms53 – I don’t believe I would be part of that settlement, at least as to how I read it. It appears to only be pertinent to those that Chase made a modification and/or changed the documents somehow in that transition. I would NEVER accept a modification from them and besides the only thing they ever offered me was Cash to go away….their last and final offer in December 2013 for $25K for me to sign over the property on a deed in lieu of foreclosure. Told them to basicaly KMA! I did send the agreement to my attorney to review for my case but he has not yet got back to me. Aside from that Chase supposedly sold my mortgage to PennyMac sometime in October, so way before this agreement was finanlized. Not sure if selling my mortgage was a scheme to rid me of the settlement or not, but my attorney has already told me that selling it was bad news for them anyway….My attorney just filed another Motion to Dismiss on additional defenses after the one that I filed pro se was rejected by another judge. That particular judge BTW was moved to another court in another county because of so many complaints of his bias. He needed to be removed from office not sent to another county where he could continue his same bias nature. This is exactly why I feel so strongly about how judges are set on the bench here in FL and how they come to get their job. Not necessarily by election (which is 6 yr term) but also by our illustrious governor Scott on a nomination to the nominating committee. Just another Good Ole Boy tactic.
Our complaints should be sent to u.s, senate banking
Committee us ag eric holder
The us cfpb says there are only a few hundred complaints
Against chase but i suspect some chase allies in that agency
Are burying complaints by sending them to the federal trade
Commmision
katu new channel 2 in Portland Oregon has been briefed slightly about what we are all dealing with. . katu on your side to get them to expose what chase is doing to vets on a daily basis. the feds fined them for defrauding vets on their mortgage loans and also violating the service members civi l relief act a law that was created in WW I .
best regards
David
my service is Chase Home Finance.
I have a inside man banker that tells me what we need is publicity and utube videos and twitter campaign and a breakthrough in mainstream media like abby marting on http://www.rt.com on dish tv
or Rachel maddow on msnbc or other mainstream media to break the story and start reporting to the American people on a regular basis about these banks who are suppressing the news .
I guess that all of you know about derivative hedge bets on your mortgage servicing rights by chase and other banks that put up to 43 times the face value of your mortgage profit if chase for example forecloses on your house. my opinion those hedge bets are all part of a massive Ponzi pyramid scam much bigger than Bernie Madoff
a nother vet just filed with the new York bankruptCy judge I nthe largest bankruptcy case In us history where the owner of bershire Hathaway is trying to buy $ 400 billion of mortgages in MBS securities for $ 4 billion doLLARS AND TAKE ALLEGEDLY EVERYONE’S HO– USE.
WE NEED T O UNDERSTAND THIS ECONOMICS BEHIND THE BANKS BEHAVIOR IN MY OPINION.
THAT VET HAS STARTED A SHIT STORM IN US FEDERA L BANKRUPTCY COUR T IN NEW YORK ABOUT AL LTHE CORRUPTION.
Thanks to you for sticking with it and your service. Lots of good info. Chase Mortgage seems to refer to Chase Home Finance in my case as well. Don’t believe Chase Home Finance is used any more. May have gone conveniently bk.
Interesting info coming up. Lots of complaints on bills.com and other consumer sites. We are not alone!
Possible allies. May need to be careful with CNBC. Bartiromo seen as a cheerleader for Dimon:
“Before even getting to the debate over whether Dimon should remain as CEO, co-host Maria Bartiromo showed exactly where her loyalties lie, declaring, “JP Morgan remains one of the best, if not the best performing major bank in the world today.”
On hand to make the case for Dimon to hit the bricks was Salon’s Alex Pareene, who argued that, “If you managed a restaurant, and it got the biggest health department fine in the history of restaurants, no one would say ‘Yeah, but the restaurant’s making a lot of money. There’s only a little bit of poison in the food.’””
from consumerist.com
Bobbi Swann
April 27, 2014 at 12:37 PM
@ Hammertime – my case is with Chase as well but just to let you know Chase Home Fiance was merged into JP Morgan Chase in May of 2010 I believe.My own case has a mix of Chase Home Finance, JP Morgan Chase as well as Chase Bank, N.A. More recently they sold my mortgage (after being in foreclosure since ’07) to Penny Mac who suddenly now appears as the Plaintiff. I am now never amazed at what I read about the whole “Chase” family. The left hand never knows what the right hand is doing. The firm representing them is the old David Sterns group but changed their name as if that cured the problem of all the fraud for which he was disbarred! The legal system here is so convoluted that I feel as if I’m living in the old USSR.
@Bobbi – thanks for the info. I recall CHF was being called the servicer until 2011/2012 and then JPMorgan started calling themselves the servicer while claiming to be a new investor on the loan they purportedly originated as Chase Bank USA NA. I completely agree that it’s as though they are in chaos with their completely contradictory information. It seems in my case and overall now it’s willfull harm being done and fraud since info since settlements, bill of rights isn’t “fixed” as claimed. Do any of you have Chase Bank USA as the “lender” on your Note?
@ David FB I’ll email the station. I have specifics in my experience that back up what you’re saying. One thing that stuck out was the mention of Chase Mortgage. It’s what it shows on my closing where the payoff of my refi went to. It would be good to see which Chase they are referring to in your case. Chase Bank, JP Morgan, Chase Home or whatever part of their shell game. I bought time on sale but City is refusing to release funds I was depending on. Will be another week of dancing with the devil but let’s see what we can do to form this group and shoot to get out a press release and start a campaign for David and whoever needs it.
I just spoke w Mr. Bradshaw….I did the talking/barking. I think you should try reaching out to him once more……I strongly back your sufferage and want the truth told….your truth…our story. He listened….he gets it now….if I can’t help you….then well…god help us all. I have HOPE and you should too…..by the way….I made my final direct offer to Steve Kandarian, c uh-oh of MetLife…balls in his court now….will let you know how it goes….DBSI Fraud case in Boise Idaho is president-setting…..tide shift….ride it in….
I also plan on settling w Rust Consulting….for fraud….Matt Potter shall be named in my suit…for spending all the bank money/restitution funds ON THEMSELVES…..fraud on top of fraud….layered effect…..eh? Please give Nick another chance and CALL me if you get your story on air….when…not if…..
1.208.703.9525
Thank you for your sacrifice….we made it to the light…JIT! Never give up…never..never..ever.
@godspeed / 777
Cpwb
Trevor David Hitchin Kaufman
‘Trev’
Good blog post about this guy’s dream to jail MERS folks” to go along with yesterday’s blind men and the elephant MERS business model, partial…
“MERSCORP just tried the same stunt in California in the Robinson case, asking the judge in the alternative to declare the California quiet title statutes to be unconstitutional. Let’s talk about MERS’s vague and ambiguous language as portrayed in MERS-originated deeds of trusts and mortgages, shall we? Two paragraphs in a mortgage with no specific definitions leave a lot to the imagination … the imagination of MERSCORP’s bored of directors (not a misprint). These guys start up a private company and create an “off-the-books” recording system.”
“At the same time, the investors who really funded their loans just watched their money go away due to a bad investment, all the while the lenders continue to save money screwing the counties out of recording fees that MERS claims it doesn’t owe. Gee, what a wonderful situation America is in, all because a private corporation is allowed to insert itself (hook, or by crook) as a “national book entry system” so it can operate “off book”.
That was the part of my dream that got ugly. I watched a grand jury being empaneled to investigate MERS and MERSCORP. I watched Beckmann, Horstcamp, Hultman and Arnold do the “perp walk”. They were playing Mancini’s “Baby Elephant Walk” in the background as the four danced down the hallway from the courtroom in front of the cameras. Personally, while it left me smiling, I was disturbed by my cat who decided that I should wake up by pawing me on the shoulder. And here I thought it was the bailiff calling me into to testify before the grand jury.
Is this a sign of things to come? I hope so. America needs justice and the four foregoing individuals seriously need a 6 X 8 with 3 hots and a cot. I say, let’s indict them (since we can’t win civilly) on RICO! Whaddya say? Since the feds won’t do it … let’s get county grand juries to do it!
Hey, IT WAS MY DREAM!
I say … hang the bastards. Wait a minute, my feet are on the floor now, headed for my computer to type up my latest subconscious exploits. This is making American history folks. Martin Luther King, Jr. had a dream and he told everyone what it was. I probably won’t have a boulevard named after me, but I probably will be considered a big hemorrhoid on Billy’s behind! Aren’t dreams wonderful … even if they are a little distorted?
Bravo PaPa……kick HARD where it hurts….then kick em again…again….then again….kick em to the curb……then spit on them for molesting The American Dream…… never again.
I have daily fantasies about taking cakes to prison…..id start w Tony Francis…..the vp who strung me out on his word for 11 months….and 135 phone calls….FY Tony….I never forget a robbery. Fight club…….lost to a greasy bankster???? Well then….you HAVE to fight…. -Tyler…
Article from American Free Press dated 4/21 entitled Foreclosed Homeowner Beats Big Banks a start. Washington state judge George Bowden appears to be tired of the banks bs. Let’s hope this ruling starts the ball moving for some with same circumstances.
Tricia
April 24, 2014 at 5:35 PM
Try looking up some of the other cases for Attorney Scott Stafne, who was the attorney for the homeowner in the above case you mentioned. He has been making some headway in getting judges to listen. Recently saw an article about trying to get Stafne to become a judge.
If you study how and why all of us that are stuck in this these foreclosure frauds you will come to the conclusion William p Foley of Fidelity Nation Title and their subsidiaries is the orchestrate r and facilitator between all the fraud, fraudulent documents, the Court, judges, County Clerks and Banks.and lawyers.
Another thing that stuck out was how posters are using the banksters language. “Free and clear” and we “have to pay” are what the banks have used to shame us into staying quiet. First of all they may be getting off easy in most cases if they released their claims to our homes! Especially at the low point. Most law states that a lost home is a matter of irreparable harm. All that language did was moralize the issue so WE wouldn’t be bailed out, supposedly at our neighbor’s or the person with good credit’s expense although the banks got away with TRillions! Classic divide and conquer and we’re still falling for it! It’s also how they made sure we didn’t “benefit” from any aid since we were the dummies who made the bad loans! So we need to be smart individually and as a group, and think in terms of negotiating from the FACTS of the law and our RIGHTS.
In CA if there is fraud from what I recall the penalty is 3x the principal! So on a $500,000 principal it would be $1.5 million!
And we were given $300 to $2,000 to make us whole? We can also use the settlement’s own framework where we were supposed to be compensated for equity lost.
Does that mean we should fight to the death? No, unless they keep being the arrogant bastards they were with the MERS issue and our senior vets that made it possible for us to have a middle class. But rolling over and wringing our hands instead of using the facts and the tools that are there is a cop out.
Let’s see if this works as I tried to post and it was under moderation. Due to links?
Would have gone well with David’s case.
Been out of commission but will be catching up. Two oldies (cases) I came across that show there’s no excuse for the pretender lenders, politicians or the American people.
D-Day vet’s tale parallels mortgage meltdown
Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home
Mike Stuckey report on msnbc.com
Ray Vargas losing home after wife needed care and passed away. IN 2009!
“Lenders passed around the deed to Vargas’ house as if it were a whiskey bottle at a frat party. Ultimately, he wound up in foreclosure proceedings. And, finally, bankruptcy court.”
Google for complete story if other post doesn’t come up.
Other story on MERS an illegal business model. New York’s U.S. Bankruptcy Court Rules MERS’s Business Model Is Illegal story on Huffington Post
@ David Franklin following before your posts. Looks like you’ve done alot and you’re hitting the brick wall like alot of us. It sounds like we really do need a group effort that comes from us as a group like Tom and I have said. I think we need to break down what you’ve experienced and put together various campaigns, petitions and letter writing where they’ll see we are watching and we’re all across the country and taking action.
We need to get coordinated though. I’m getting over my latest run around dance but I’d like to take a crack at reviewing your story from national settlement/CFPB angle. I know you’ve tried and so have I individually but I have a group approach in mind.
Your case also has the judge/court issues Tom has expertise in.
You and LMS have overlap on the specific class action.
Those are 3 areas at least we can break down as a group.
From previous post:
@ David Franklin Don’t accept anything Chase says or what’s on credit reports etc at face value but hold on for evidence and to make arguments/complaints. I would definitely review Consent Judgment and make complaint to CFPB after past week.
Do you have a sale or any deadline looming?
the California station is scvnews.com please contact them as well. I talked to the news editor. nice person but they refused to do it as well . they are located in santa clarita ca near LA and are a community tv station that did the story on the vet’s house taken by chase and not notified about the settlement.
his story is on their website. we all need more publicity and social media exposure to the young people and the rick people as well.
dear mr bradshaw of katu channel 2 new on your side in Portland Oregon.
per your request here is what is going on.
I am a permanent and total 68 year years old 100 percent disabled veteran by the U.S. Veterans Admin. and have been since 1994. and was disabled by the SSA before that back to 1990. I am Cold WAR Vietnam ERA navy veteran
my mortgage servicer has been trying to foreclose on my house since 2008 here in Vancouver WA by manufacturing defaults and putting over $ 20,000 dollars in unapplied suspense accounts and then writing me letters that I am in default which I am not . I am actually according to the servicer of my mortgage four payments ahead. I am not in bankruptcy modification not behind or late ever. in Feb 2013 after reversing 8 of my mortgage payments back to june 2012, the servicer, Chase Mortgage gave me notice online that I must pay the payments again for over $ 13,176.00.
I have been to the Washington AG David Huey and perin
in feb 2013 all of the above I have documents to show you if you want them from the servicer showing these now allegedly confiscated payments while I am trying to live on a disability pension from the VA .
there is well over 50,000 dollars missing or unaccounted for no mortgage statements and multiple attempts to manufacture a default on my mortgage. when I got to the servicer they just dismiss my complaints and continue to allegedly steal my money
this is happening to other disabled veterans that I know about as well and in one case the servicer’s employees blew the whistle on them targeting veterans and were fined 60 million dollars by the federal government
every day as a disabled veteran I live with the fear of being thrown out of my home and I just keeping sending my payments and they disappear and that includes my escrow funds as well.
attached is a letter that I have drafted to us. attorney general eric holder.
yes I have gone to the attorney general of Oregon and Washington state as well and new York attorney general as well eric schneiderman.
best regards
David B.
this is the text of email to him at katu tv 2 in Portland Oregon.KATU ON YOUR SIDE
Bobbi Swann
April 25, 2014 at 7:13 PM
David FB – want media coverage? Take your story and put it in a video and then upload it to UTube. Tell it straight and concise but with power and heart! UTube is picked up by ALL the media stations and it’s a great way to get your story out to outside of your normal airing station! GoodLuck!
Trevor David Hitchin Kaufman
April 25, 2014 at 8:44 PM
David….see my reply at top. Hope you see it. Fingers crossed the ‘nudge’ will get it going after all. Gloves are off.
Agrees
However chase n their attorneys are keeping two
Million from getting a hamp and you have to pass by federal
Reserve regs the net present value model
Most people dont pass and get dual tracked and forclosed on
Anyway
The settlement is a trojan horse to steal your house and chase
Cashes in on the derivative hedge bet which puts up to
43 times the face value of your mortgage in their pockets
Be careful
That judge is allegedly bad news
The best thing to do is sue the law firms and screw the settlement
They wont even let me be in it cause they know I willl blow the whistle
March 7, 2014
Ms. Felice P. Congalton
Associate Director
WSBA
Office of Disciplinary Counsel
1325 4th Avenue, Suite 600
Seattle, WA. 98101-2539
Dear Ms. Congalton:
I am in receipt of your letter to me today about my complaint file NUMBER 14-00339
To say the least, the representations made by Ms. Cappio and Ms. Obrist attorneys are a fabrication by omission or perhaps a better word and unethical evasion of the truth based on the following facts.
1. The original case filed by Ms. Obrist and her firm in Seattle was filed in Yakima WA. As a Federal Fair Debt Collection Practices Act NOT an MDL case. I request that you get a copy of all those complaints including the supplemental complaints where Ms. Obrist and Ms. Cappio clearly state that the number of members in the class including myself were over 500,000 fraudulent modifications made by emc chase which are included in the Judge’s order for mine as well for NOH HAMP Modifications(see Judge Stearn’s order for NON HAMP mods to be included. Chase uses the term in house mods prior to Obama’s election that are covered by the order and did not have a TPP. That number is based on the Federal Trade Commmission case against EMC chase for which a $ 25 million settlement was obtained by the government for the homeowners that emc chase defrauded. It was a consent judgment by EMC CHASE. One of my friends got a check from that settlement after Chase stole his house allegedly in Texas. That complaint and settlement are readily available on the Internet via Google. I have a copy of that complaint.
2. I told Ms. OBRIST TO CHANGE HER ORIGINAL FILINGS IN THE COURT ABOVE BECA– USE SHE DID NOT STATE A CLAIM. TOM HOYER AND ASSOCIATES IN TAMPA, FLA MADE THE SAME MISTAKE AGAINST CHASE. AND THE FEDERAL JUDGE TOSSED THE CASE FOR FAILURE TO STATE THE CLAIM.
3. I SHOULD NOT HAVE TO COUNSEL AN ATTORNEY WHO DID NOT KNOW WHAT SHE WAS DOING.
4. She does not know Title 12 U.S. Banking Federal Law like I have been trained by the U.S. Treasury Deparment Office of the Comptroller of the Currency to be a qualified forensic examiner for predatory lending practices including emc predatory practices and chase’s current practices. May I remind the WSBA that Chase has been fined $ 13.5 Billion dollars by the U.S. Attorney General Eric Holder and is on two year criminal probation at the present time. One more according to the memo to the U.S. Justice Dept time of criminal misconduct by Chase and they by federal law are out of business and Keller Rohrbach may not get a dime of their court ordered payment of $ 10 million.
5. I delivered the evidence to Ms. Obrist and Ms. Cappio by certified mail return receipt which their staff signed for and they refused to acknowledge per my request three times the receipt of that evidence. U.S. Federal Banking Law prohibits transfer of loans and changing account numbers from April 2011 to October, 2011 where the loan terms and interest rates are changed. The loans must be the same before and after the transfer.
6. Ms. Obrist ignored that fact I told her about 25 times. The point here is that chase is covering up all those old loans numbers that they changed in violation of u.s. code Title 12. Mine was one of those and I have all the proof of that and all the old loan numbers of which there over 2 million for first and second trusts that were also modified and covered by judge stearns order.
7. Any lawyer of any salt knows that the duty and responsibility to inform the federal judge of this cover up by chase is an obstruction of justice and contempt of a federal court order by Judge Stearns. More importantly I read an article about a marine corps veteran who in santa clarita near Los Angeles had his home taken by chase and he did not know about this settlement and did not get notified by chase or kellerohrbach as he and I should have been.
8. This is a coverup of massive proportions that could cost chase billions in mod costs. They have 40 billion in TARP money remaining and that is taxpayer money and it is being used to give kellerohrbach their court awarded fee.
9. Ms. Cappio should have filed this case in Tacoma WA where Ari Brown and Phil Goldst ein of Portland won these kinds of cases where there was a full restitution to the homeowner in a Federal FDCPA case and a False Claims reform act case under that statute against multiple big banks arising out of the countrywide / bank of America . Ari Brown is with Hagens and Berman and everyone in this state of any salt knows that the Tacoma court in 2010 was very consumer disabled veteran like myself oriented which is now slowly changing with the appointment of bank oriented new appointments to the court.
10. Ms. Cappio should hav e filed for we consumers an appeal to the 9th circuit court of appeals to have this case changed b ack to a FEDearl FDCPA case like it was filed in Yakima. WA.
11. The attorney by omission argument to the state bar that I got today is full of omissions to support his/her argument but the facts do not support it.
AS a disabled veteran under the federal Americans with Disabled Act do request the following
1. An attorney to represent me before the bar in a hearing to vet this issue fully.
2. That the bar support my position that it is not my responsibility to inform the court about anything since the federal judge in his order stated clearly DO NOT contact the court or the administrator unless you are in the class.
3. I am not a lawyer and can not rep myself due to legally adjudicated disabling for life medical conditions from my military service that I and my family fought Hitler and served our country since 1927 including my son in Iraq.
I request that ms obrist and ms cappio obtain all the old numbers which I Told them I have for one bear stearns trust and get all of them from the trustee at the time wells fargo from their public database on line if it is still available and all the old second trust loans owned by the federal reserve bank of new York in their Maiden Lane trusts I AND II.
You can google that on the internet as well.
Ms obrist is out of her league when it comes to banking law and mortgage finance. She spurned my help many many times and totally botched this case for her and her firm’s alleged enrichment motives.
That violated the state bar ethics.
By the way, I told her that chase would offer fraudulent mods again.
Chase has in effect put me in the class without my permission and not notified the court
They are trying to force modify my current predatory loan which came from the above transfer and they have hired an appraiser and sent me a dozen loan mod packs and put me in their loss mitigation dept at chase home finance and told me via their rep in Columbus ohio that My only choice is to opt out. I am not even in the class according to ms obrist but chase says I am and are starting the federal government ordered loan modifications that their manaegement they must do . the three depts. At jpmc chase home finance under kevin watters ceo chase mortgage banking has begun the use of the federal reserve oderded net presdent value model loan mod anaylysis that results in dual tracking and foreclosure and grand theft of mortgage payments like they have been doing to me for the last 7 years to the tune of $ 100,000 in missing mortgage payments and higher payments from denied HAMP I mods and fraudulent non hamp mods.
Best regards
David F. Black tr ansmitted by fax 4/7/14 to 206 727 8207
360 772 5617
360 750 7547 Cc: mr rick potter. Mr potter is not rep’ing me in this matter at all or advising me in any way. I don’t want him too. I studied to be a lawyer in Virginia and two different law schools LOYOLA UNIVERSity and George Mason university but my Navy disabilities struck me down from that because I served our country.
Please forward to Stephen j. Sirianni on my behalf and scheduled on a Tuesday or Thursday and hearing here in Vancouver wa per the ADA federal law for accommodation of a disabled veteran since I can not drive to seattle. Wa anymore.
LIKE I said ms cappi o and ms obrist along with the senior attorneys management committee sold out for their own enrichment allegedly every disabled veteran in the country and every homeowner nationwide and don’t have the courage to admit it and right their wrong and inform the court and the federal judge of chase’s Coverup and get this case to the circuit court of appeals for the 9th circuit or file a writ of mandamus and get a new judge and a new trial and move the case back to federal court in Tacoma wa and have a jury trial and state the claim under the federal fair debit collection practices act for $ 10 trillion dollars for
All of the Princiapal Managing Parters of Kellerohrbach, LLP Feb 20,2014
New York Office
cc: chase counsel for this federal case in san francisco, ca.
New York City, New York
Dear Sirs:
in the matter of david f. black v. chase home finance regarding alleged fraudulent loan modification
in the matter of class action notice from chase or kellerorhbach.com and ms gretchen obrist and gretchden cappio plaintiff counsel in http://www.chaseMDLclasssettlement,com befor Judge Rober R. Stearns, Federal District Court of Massachusetts.
Dear Sirs
your lead counsels who promised me ie ms obrist four years ago in writing from your email server and she has a copyof that email promising me and stating that I was and would be in the class for the case filed as a class action in Yakima, Wa. in us. federal district court.
At present ms obrist and ms cappio are stonewalling me to have that notice with my user id and password on the class action notice. I Have sent the attached by fax letters from mr barry and chase attorneys documenting the illegal modifications done to my loan in 2008 that meet all of the criteria specified in the settlement documents on the chase class action settlement website and Judge STearns judicial order sepcifying the criteria for the class
Despite all of this effort on my part ms cappio and obrist refuse to send me the notice and notify the court of my inclusion.
so this is your official notice that it appears that both these rude attorneys do not understand that chase changed the NON HAMP loan numbers for the bear stearns trusts and mortgages therin from april 2011 to october 2011 and converted them to the new account numbers illegally because the transfer violated allegedly title 12 of the u.s. banking act since they changed the loan terms and interest rates upon transfer. in other words covered them up and the mods done to them allegedly like my loans.
I have all of the old account number of aboutr 50,000 loan numbers from the trustee wells fargo fpr my mortgage trust that is owned by Blacksmith and Boiler makers Pension FUND IN Kansas City Kansas . I have notified both counsels of your firm they have an ethical and legal responsibility to the federal court to notify that there are are approximately up to 2 MILLION Other loan numbers that had non HAMP fraudulent modifications like mine for not only first trust loans but also second trust loans. They were illegal because emc chase charged a one month capilalized interest and added that fee to the loanb balance in violation of title 12 and it is not allowed to charge a fee for a loan mod and then tried to foreclose on me there times from a manufactured default putting my payments in suspense accounts and had ms bollero to allgeedly try to extort more money from me on allegations that I defaulted on my loans
Ms Obrist wrote me a binding legal promise and contract to see that I would receive justice for the harm done to me and continue to be done to me as a disabled veteran by chase home finance.
yesterday I received a phone call for three hours from E.J. Reed of the executive offices of chase home finance representing mr kevin watters ceo of chase mortgage banking stating that it is kellerohrbach’s duty and responsitibilty to send out those notices based on info supplied by chase they are required to give all the loan numbers to you as well for non hamp modifications.
the attached letters from chase attorney document chase modications of my loans first and second trust as well as the old account numbers and modifications done to them by chase non hamp a category included in judge stearns order.
this is a formal complaint directed to you by me regarding the gross violation of attorney client ethics by ms cappio and ms obrist as specified by the washington state bar, specifically they are allegedly trying to do harm to over one million homeowners including myself across the u.s.a.
this case should have been filed in federal district court in tacoma wa where similar cases have resulted in restitution to the homeowners by attorneys working or Hagens and Berman. and appealed when the case was converted to MDL. this case and settlement has the appearance of court shopped and judge shopped to get the most favorable non monetary settlement for chase not restitution for homeowners who suffered up to $ 30 trillion dollars in losses from fraudulent dual tracked chase foreclosures resulting from chase alleged fraudulent modifications
I have a masters degree in baning and finance and did my masters thesis on chase fiancial operations and trAINED BY THE OFFICE OF THE COMPTROLLER OF THE CURRENCY.
Ari Brown is that attorney who did it twice against big banks and mortgage servicers.
and won full restitution for the homeowners.
unbeknowst to ms cappio and obrist. the mod settlement in the judge’s order is nothing but harm to any homeowner who accepts it since by federal reseRe regulation and chase policy any modificaTion request is a default and the homeowner must pass the net present value model as specified by the federal reserve board regulation and if the homeowner fails THAT TEST AND THE ACTUAL VALUE MODEL TEST by law the homeowner must be foreclosed.
your firm is a disgrace to your profession to allow suich a settlement to occur and betray millions of homeowners while you stuff your pockets with ten millino dollars of chase money to keep your mouth shut.
there are an additional up to two million other modifications non HAMP done on chaseloan s that you dont seem to know about .
you are legally obligated to send me and all the other homeowners a notice of class inclusion.
best regards
david F. Black
cc Eric Schneiderman Attorney General of New York state who has advocated on my behalf before the OCC US treasury dept.
Cc: Mr kevin watters ceo of chase
SEND ME MY class action notice immediately or I will GO TO the judge stearns about this alleged contempt of court by class counsel and perhaps chase as well. i AM A STOCKHOLDER OF jP moRGAN CHASE STOCK.
please see attached letters from chase attorney and mr barry regarding modifications all o f which are or were fraudulent.
i TOLD ALL OF THIS TO MS CAPPIO AN MS OBRIST ON THE PHONE WHEN THEY CALLED ME AND MS OBRIST TOLD ME TO SEND HER DOCUME NTS TO PROVE MY CLAIM ALL OF WHICH i HAVE DONE INCLUDING PROOF OF PAYMENT ON THIS MOD FROM M YCHASE BANK ACCOUNT AND NOW BOTH OF THEM ARE STONEWALLINGME AND NOT ANSWERING THEIR PHONE.
THEY CALLED ME . NOT THE OTHER WAY AROUND . AND DEMANDED DOCS AND THEY SIGNED FOR THEM WITH FEDEX AND USPS. SO THERE IS PROOFTHEY GOT THEM
i AM NOT ALLOWED AS i DID BEFOER ANY OF THE STAFF ABOUT THIS MATTER NOT EVEN TO LEAVE A MESSGE.
the point of these postings. congress house judiciary committee has the power to remove this judge and anyone in his settlement can file a n appeal that has been given a user id and password by the settlement ADMINISTRATOR IN RHODE ISLAND. TO DATE NOT A SINGLE HOMEOWNER HAS DONE THAT . AND I CALLED KATU NEWS HERE IN PORTLAND OREGON TO BREAK THIS STORY AND SCRV NEWS IN SANTA CLARITA WHO TOLD A STORY ABOUT CHASE TAKING A FELLOW VET DISABLED VET LIKE ME HO– USE IN SANTA CLARITA.. AND BOTH NEWS OUTLETS REFUSTED TO DO THE STORY.
I HAVE WRITTEN OVER TWO DOZEN COMPLAINS ABOUT CHASE TO ERIC HOLDER SEC HUD DONOVAN AND SUED CHASE VIA THE FAIR HOUSING ACT JUST LIKE ACLU IS SUING MORGAN STANLEY IN FED COURT IN NEW YORK CITY FOR MORTGAGE SECURITIZATIONS VIOLATING OUR CIVIL RIGTHS UNDER THE FEDERAL TITLE VIII Fair housing ACt 49 usc 24 cfr.
no one is complaining suing or even writing the us cfpb I even called their deputy general counsel on the phone in d.c. no one else is doing that.
if four million people like us got on the phone fax and rAISED HELL ON SOCIAL MEDIA ALL OF THIS CHASE ANDOTHER BANKS BULLSHIT WOULD STOP. WE ARE SITTING ON YOUR BUTTS AND THINK WE DONT HAVE TO DO ANYTHING. WE DOTH PROTEST NOT ENOUGH.
I talkd to the attorney in the chase class action. They are not going to say anything to jeopardize their 9.5 million dollar payout and in the settlement, once it is final it says they cannot speak to the media, cannot say anything deragotory about chase and for us the plaintiffs, if our loans are transferred before the settlement is final, we are no longer part of the settlement. What a maroone!!!!!
the sad thing about the class action with chase is that once again they will walk away without admitting fault and until something or someone can stop their crap, it will just continue. Heck, everything that they were accused of in the chasemdlsettlement, they did to me, they breached contract 2 times with me and not even 4 months ago after they had lost this settlement, they are still doing the same thing to me. I know everything is a payoff with them, but never admitting to nothing. It is so criminal. It is going to take an army to stop them, all of the banks. Maybe when they steal the wrong persons home, the ball will get rolling. It has just gone on too long and all the ones that could stop them just look the other way.
I would not have paid them 3 times, I believe you. Has your loan # ever changed? I hope you have all your original paper work and a record of all your payments and the original agreement you signed. I don’t see how a judge could refuse you then. You probably would have been better off if you would wait for the banks to get their s**t straight. Are you part of the chase mdl settlement? they breached numerous agreements with people and breach of contract is never acceptable.
Chase has admitted they dont have the note or own the mtg
Mdl case was first entered as a FDCPA CASE IN YAKIMA WA
FOR EMC CHASE FRAUDULENT MODS AND PREDATORY
SERVICING PRACTICES WITH MONETARY SETTLEMENT
,THE FEDERAL MDL COMMITTEE THEN COMBINED NINE
DIFFERENT CASES AND CHANGED THE CLAIM BY CHANGING THE CASE
TO MDL CASE,
THE ATTORNEYS TRIED TO GET THE JUDGE IN BOSTON TO CHANGR
IT BACK AND HE REF– USED AND THEY DID NOT APPEAL HIS RULING
SO THE ATTORNEYS GOT TEN MILLION IN FEES FRPM THE JUDGE
AND THE HOMEOWNERS GOT NOTHING
WE WERE ALL SOLD OUT BY CHASE PAYING A BRIBE TO THE
ATTORNEYS ALLEGEDLY
AND CHASE LIED TO THE JUDGE ABOUT NUMBER OF MODS THEY
DID COVERED BY THE JUDGE’S ORDER
THEY TOLD THE JUDGE IT WAS 60000 PER THE RESPONSE FROM WA
STATE BAR PER MY COMPLAINT TO WASH ST BAR ABOUT
KELLERROHRBACH.COM SELLOUT
were you a prime borrower who got WaMu’d? and ended up in Chase servicing? with no loan documents and no loan schedules? Bear was counterparty to the swaps on my trust.
Check in Maiden Lane 1. Lots of acronyms (WFHET 05-2 = Wells Fargo Home Equity Trust Series 2005-2, SASCO Structured Assets Securities Corp, CWALT Countrywide Alternative Loan Trust, etc.) you get the idea. Maybe you get lucky and find some of your trust assets in the ML1, and that’s serviced by GMAC/ResCap, tied up in the SDNY. Now what, judge? The servicing rights, not the note, not the mortgage, but the “rights to collect” the loan are all that’s left?
CDS gain no title to the res through subrogation.
didn get wamud a m being allegedly extorted b y chase on a l oan they orginated after tarp money was used by them to extinguish original first trust loan from emc bear stearns that is being reported to the credit bureau as paid. the new loan has no loan docs no application by me and from my viewpoint is a felony they did to for aabout one million loans or more. that is one million felonies all being covered up
in the last two weeks chase has gone ballistic on me I ve received hundreds of phone calls from them emails regular us mail appraisals on my house by contractors that chase hired. so far today I ve received about 40 phone calls in the last twelve hours. chase sent me two payoffs on my loan and charged me for them and I never even asked them to do that. they have gone beserk.
regards
David
id say if there was a time to go ballistic with chase for all the wrongdoing and lay it all on that federal judge In boston ma his name is Robert a stearns us fed district court in boston ma. the case number is mdl2290 at http://www.chasemdlsdettlement.com and raise hell with the us cfpb Richard cordray by writing to him directly to his office in d.c. in downtown washnigton d.c. the us cfpb director. their call center is in iowa and they have been burying my complaints in the federal trade commission. there is ahuge coverup at play here . and we have to uncover it and blow it all to hell on the media.
Been out of commission but will be catching up. Two oldies I came across that show there’s no excuse for the pretender lenders, politicians or the American people.
D-Day vet’s tale parallels mortgage meltdown
Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home
@ David Franklin Don’t accept anything Chase says or what’s on credit reports etc at face value but hold on for evidence and to make arguments/complaints. I would definitely review Consent Judgment and make complaint to CFPB after past week.
Read the definition of a debt collector and of a creditor in the Fed. Debt Collect Practices Act 15USC1692A. If it is not your actual lender to whom you signed the promissory note bringing the foreclosure, and if there was a default letter prior to any kind of alleged assignment then they do not fit the definition of “creditor” and they cannot, by law, bring this foreclosure. They have most likely violated multiple counts of the FDCPA and check your state debt collection laws. Read that set of laws line by line. It’s well worth it.
Look at all of their papers and those of the attorneys. If it says “we are a debt collector attempting to collect a debt” or “this is an attempt to collect a debt” they are admitting it.
These laws are very important. Blessings to you
thanks usedcarguy. if the mortgage original is paid off which it is according to the credit bureau and chase created a new mortgage with higher interest rates and loan terms ie a balloon payment in 2037 with no loan docs no nothing and nothing is registered at the court house and did they get a new MERS number as well. I have been fighting with them for seven years now and it is a pure stonewall . thanks for the info . I looked up eurobobo and deal vector. very useful information. out here in Washington that kind of info would cause a state court judge to have a meltdown. this is an outpost out here and chase has everyone allegedly on their tab. if I mention chase to an attorney out here they run for the hills.
do you have any suggestions on how I get confirmation from treasury or a TARP report that all the bear stearns trusts have been paid off by TARP.
or some other confirmation. I know about the Bloomberg cancelling the terminals. I should have gotten my free subscription for one month when I had the chance but now that info would be worthless.
I just submitted to chase a section 1594 RESPA Qualified Written request for the name of the new trustee if there is on e and the name of the mortgage trust that this new loan is in or knowing chase they would say it is a mod of the old loan.
where the homeowners got nothing. now thanks to you I understand why chase lied to the judge about the number of modifications in the class. to cover up perhaps the TARP deal.
chase has allegedly been trying to extort me for more and more money for the last seven years and am not behind not late not in mod and not in bankruptcy and even four payments ahead.
I have been telling my pro bono attorney whose firm works for banks doing bankruptcy that there is no loan.
thanks for the info used car guy.
I did find out who owned in the past my mortgage certificates In the 2007 bear stearns trusts 2007 ar 4 by scanning the federal court in new York for cases brought against bear stearns and chase. I found one where the investors were represented by cohen and Milstein and one other class action firm in new York and on the pleadings where the investors sued chase and the trusts all of their names wer e o nthe styling section of the brief
in my case they were blacksmith and boilermaker’s union pension fund out of Kansas city Kansas or kc Missouri and I looked them up and do they ever have a history of hassles with the us dept of labor. theother two were railroad pension fund and healthcare company pension fund all of which were afl cio labor organizations.
best regards
David
I hope that helps someone.
chase has tried to manufacture a default three times and so far has extorted me allegedly over $ 50,000 and stolen another 100,000 in payments . they harass me daily now by mail and by phone . even had one of their affiliates call me on the phone and threaten me with prison.
so my view says I am getting closer and closer to the truth
one of their local v.p.s that I spoke to and who reached out to my pro bono attorney and cpa and forensic fraud examiner was fired because she talked to them without upper level clearance T O DO SO.
SHE WAS A NICE LADY WHO WA S TRYING TO HELP ME.
WHAT I DID DISCOVER WAS THAT CHASE IS SELLING LOANS TO PEOPLE TELLING THEM THEY ROUND UP THEIR INTEREST RATES ON ARM LOANS. WHEN IN FACT THEY ARE ADDING 5/8THS OF ONE PERCENT OF INTEREST EVERY SIX MONTHS TO THE RATE FOR PAYMENT CALCULATIONS PURPOSES.
ON AN AGGREGAGE BASIS FOR EVERY ONE TRILLION DOLLARS OF LOAN BALANCES CHASE IS SURCHARGING EVERY HOMEOWNER IN AMERICA OVER $ 6.25 BILLION DOLLARS IN INTEREST EVERY SIX MONTHS THAN THEY SHOULD BE CHARGING
AND THIS INTEREST HAS NEVER BEEN REVEALED TO AN YOF THE HOMEOWNERS AS REQUIRED BY THE TILA law.
regards
David
Lms53
April 23, 2014 at 6:11 PM
David, the chasemdlsettlement is about contract breach mainly and it has not been finaled yet so if you think you are getting nothing monetary you are right, but you are supposed to be able to cure any delinquency which would not apply since u r 4 payments ahead and we are supposed to be offered new hamp modifications. It just depends what you are looking to accomplish with your home situation. From what I read about your situation, it sounds like thru all the transfers ur note was satisfied at some point, but you would know if it has been satisfied. We all have to pay.
When you borrow money, you agree to pay it back – that never changes.
However, while people who lend you the money can put the Beneficial Rights, Title, and Interest in your Note and Mortgage, and have different entities SERVICE (collect the payments), into other entities hands…NOW it gets interesting. IF IT WERE JUST YOU AND THE ORIGINAL LENDER, you’d have someone to sit down with and work things out or at least deal with and come to an agreement as to whether they get the title or you get new terms.
No need to ever make payments to anyone else other than your original lender, in an IDEAL WORLD.
BUT, when that lender DOES things, they – and others – can put you in an unfair and weak position…and that’s what’s happened to most of us, and what’s caused the financial mess the world is in ( and the world IS in one, – a VERY serious one – make no doubt of that ! )
SO, you need to POSSESS ALL THE DOCUMENTS OF WHAT THEY DID !!! You have a right to know that your PAYMENTS GET TO – AND ARE RECEIVED BY – THE RIGHT PARTY(ies) along WITH THEIR RIGHTS TO…AND… your money !!!
When you DOCUMENT all of that, you are “following the docs and the money”, …..and be sure to include the “fair and reasonable” compensation paid TO your original lender and all other parties who may claim interests and make demands upon you. One dollar is NOT “fair and reasonable”…..[.if it were you’d only have to pay the investor ONE DOLLAR to make them “whole” !, right ??? ]
My experience is that people who represent themselves DO NOT DO THAT.
“I want every document and every dollar accounted for “.
Judges – when presented with that, HAVE LITTLE LEEWAY…THEY CAN’T BY LAW ORDER YOU TO PAY SOMEONE WHO HAS NO LEGAL RIGHT TO YOUR MONEY, NOR CAN THEY ORDER YOU TO PAY A PENNY MORE THAN YOU are legally liable to pay.
UNLESS A BORROWER shows the court they are precluded from giving a party your money, they WILL order you to pay them on the grounds YOU failed to physically show the judge why they don’t have a legal right to it. IT SHOULD BE that THEY have to prove they are entitled to it, but no more in the United States is that the current case. Our judicial SYSTEM HAS BEEN DESTROYED OVER THIS SCANDEL. Judges are still requiring such proof in a small number of cases, but they are getting overruled in the Appellate Courts. Until we have our LEGISLATORS pass laws to “right” our judicial system, it will remain upside down. The Banksters are betting U.S. citizens don’t have the Will to do that.
Hello. I’m in the DIscovery phase of my SECOND case against the bank (pro se) after having their first Complaint dismissed. The judge said there are still issues, and we are going to trial.
I tried leaving a message on http://www.casediscussions.org/ but it looks as if the links are not live. Is there another site or other way to leave my info. I could use some comments. I believe I have a winning case, but need to bounce things off other foreclosure defenders.
You have to be VERY aggressive in doing your discovery to get to – and document – the truth, then its just a matter of matching the documented truth with the law and case precedent (unless you want to try to set NEW precedent !) You need a SKILLED TRIAL ATTORNEY to present your case correctly.
The links on casediscussions are still being worked on to get it to be the most useful.
In the meantime… WHY do you think YOU should win, and WHAT are the issues the judge said need to be tried.
ps – if you convince the OTHER SIDE you have a winning case, they’ll want to settle
can used usedkarguy or anyone tell me how to get access to Bloomberg data for my mortgage. I don’t have the money as a disabled veteran to pay for access to securitization data for my bear stearns mortgage. however I do know who owns my mortgage in the bear stearns trust and wells fargo used to be the trustee but the petitioned the SEC to get out of the trustee business for bear stearns trusts.
The Bloomberg system is the best securitization data available, however, it’s $1,500 or more and really does nothing!! The banks are just stealing the houses and the courts are allowing it to happen. You can walk into Court with ALL the evidence to prove fraud and it just doesn’t matter…the Courts are in bed with the banks and I am telling you this because I wasted entirely too much money to prove my case and it just DIDN’T MATTER!!!
Tom Heinrich
April 22, 2014 at 9:18 PM
Every case turns on just one or two points – you took out a loan, you didn’t repay it…that’s what the courts HAVE to look at, – ….now if you can prove “I DON’T HAVE TO REPAY IT, or REPAY IT TO THEM“, then the court has to go with you, or be overturned.. Remember a judgment CAN BE OVERTURNED under certain conditions – a judge being paid under the table will get both YOUR JUDGMENT and the JUDGE tossed out, but YOU MUST DEMAND AND INSIST ON IT…the media LOVES Judges on the take news stories !!! How are you going to prove it – most payoffs are in cash or something paid on behalf of the party or their family or friends and associates…do you have good P.I.’s ???
All the securitization documents can be obtained through the SEC and other public filings and by Subpeona Duces Tecum. What is even MORE effective however is to TRACK THE MONEY…follow the documents, follow the money – nothing passes until its done correctly.
David, Bloomberg shut down all their terminals that were leased to anyone NOT a trader or investor. That was my understanding. I had a guy do mine a couple years ago. I have also obtained information through a firm that tracks ownership of MBS, called DealVector. These guys are trying to shine light on the market for investors, and are open to sharing their information upon registration. You have to tell them HONESTLY why you’re there, who you are, and provide valid information. This site allows you to find the MBS and for a modest fee I am sure they will certificateholder information. I am in the process of trying to get in touch with investors now.
All of this is fraud, and when you start chasing your loan down some rabbit hole trust, then find out the trust certs are paid off, they were extinguished in 08 through TARP, and only a couple of the EQUITY tranches (owned by the sponsors) are still paying, That’s where your loan ended up if it’s current or modified. They resecuritize the modified balances.
Find Bob Garassi’s brief on Erobobo, and then…….go figure…….
Bobbi, are you part of the ChaseMdlsettlement? Because in the settlement, if chase transfers the servicing of your loan, you are automatically opted out of the settlement and Im betting that is what they are going to do to a lot of us so they don’t have to make good on their breached contracts.
Tom; please send me docs that ‘HSBC” can NOT be a trustee for ANY banks and/or investment trusts. Your comments are ‘great’; but as you say: it must be used in a case and prevail. I look forward to receiving something. g o i g r o u p at geemale. THX
so HSBC as Trustee for Wells Fargo Home Equity Trust 2005-2, still listed as trustee on bloomberg, is not performing trustee functions? Yeah, I know. But that document would be most helpful, Tom. usedkarguy@yahoo.com
just an FYI, Article 9 of the UCC should be abolished as it has permitted these banksters to get away with their fraud by allowing their so called “transfer” to third parties to “possess the note” and sell it over and over again.
I wrote a little book when I discovered how corrupt Judge Alice Schlesinger and all the appellate judges I had except Judge Helen Friedman were and printed as many as i could and sent them far and wide. I guess she never expected me to fight back. You are right Tom we all have to fight back in our own way in addition to the internet fight.
All, I need some assistance and advice. We received a Notice of Foreclosure a few months back. I have still been corresponding with Wells Fargo telling them they have no standing. After several QWR’s and letters to OCC and CFPB, WF responded with more documents than they did in the past. This time they included 2 Allonge Notes which I had never seen before. Keep in mind that they did not respond with the documents even to OCC and CFPB. Then it clicked I went on to the Baltimore More Public Records and there it is a Deed of Trust had been posted there on the 11th of this month. I have not been able to view it yet, but I can imagine what it is. I need some help on which way I should go with this. I need to know what I need to do in order to prove that the documents are Fraudulent. I am sure they are. Any assistance would be greatly appreciated. James 443-677-2799, Thanks I live in Maryland
First off I would get a copy of the Deed of Trust ASAP, as well as anything else they have filed with your county recently. Next you probably need to check your state laws as to whether they were able to start foreclosure proceedings prior to being the beneficiary to anything, I am assuming that is why they filed the Deed of Trust (probably a Corporate Deed of Trust). They are trying to prove they are the beneficiary to the deed. In some states they cannot start foreclosure proceedings prior to doing such things. It might also benefit you to figure out whether or not they are proceeding with a judicial vs non-judicial foreclosure. As a quick Google search looks like they can do either in your state. I am sure there are others on here that know way more than I do but I hope I at least gave you a place to start.
I was thinking along the same lines. I would review the Wells Fargo Consent Judgment as well. The Chase judgment includes this section Section IC. Documentation of Note, Holder Status and Chain of Assignment. If dates aren’t matching up etc I would also review reliable evidence for filing/recording of docs. Based on what you find keep sending CFPB complaints, QWR’s. Start informing local officials if you haven’t yet as well.
I have been fighting with Wells Fargo since December 2007. Fortunately it has meant well over six years without payments. During this time I have come to know them and the tricks they use very very well, and they have come very acquainted with me as well, and know me
to be a thorough and careful researcher. It seems they have been acting on a SUPPOSITION that they were the correct and legal servicer of my loan, but the records of my original lender show otherwise. The original lender claims my loan was never transferred away, including my servicing never going to Wells Fargo. This would mean Wells Fargo is going to have to return ALL of the years of my making payments to them back to me – and the Court throwing their foreclosure action, on which they have spent their own money on, out.
What this means to YOU is that their Standard Operating Procedures probably have been used in your case too – whatever they feel they need to win the foreclosure they will just manufacture. Only YOU can execute a Deed of Trust. Obtain a CERTIFIED COPY immediately, but talking about it will not prevent your being foreclosed on – unless you CAN PROVE they are LEGALLY PRECLUDED from foreclosing, they will GET AWAY WITH IT.
TO PREVENT THAT, YOU MUST do vociferous discovery and RE-CREATE every step of the trail of how you got from signing your original loan documents to here…on paper and by first hand testimony by each individual involved. They WILL fight you tooth and nail on this, and IF you have LEGAL PROOF of why they may not complete the foreclosure as a MATTER OF LAW, you should be able to prevent them from doing it.
FYI, Wells — USED to have their “hired guns”, the foreclosure mills create these fraudulent documents. Jail time for those attorneys. NOW Wells has decided to manufacture them THEMSELVES, mostly out of their Minnesota offices which were formerly Norwest, who is the true owner of Wells and just using the name Wells Fargo under which to do business and their dastardly deeds… methinks this is where yours may have been forged, if they were forged. Forgery of financial instruments is a felony. Forged instruments may NOT be used or accepted by a court.
Be glad to talk more about the details over the phone, but I recommend you go to my new website http://www.closewellsfargo.com and look it over before you call me.
Your task is to PHYSICALLY DOCUMENT THE TRUTH and get the people involved to testify it IS the truth. Its a lot of work, but it can be done. A skilled and talented trial attorney should work with you to pull it off. Your goal should be a negotiated settlement, not a full blown trial, but being 100% READY for a full blown trial is the ONLY thing that will get them to cave in.
Only if they think they will lose, will they do that…however forcing them to comply with all the concessions they have already made is a huge hammer you hold over their head. Chances are if you say the right things to the RIGHT PEOPLE, they will turn nice and friendly and want to be your best buddy, which is where they are with me after six and a half years..finally.
Tom Heinrich
(954) 781-9300
Mark
April 19, 2014 at 9:04 AM
Tom,
What you have written is very close to what many of us are experiencing. One important comment is that courts ARE excepting these forged documents without much discussion and ruling in favor of these banks/foreclosures on a daily basis. I can discover all the forged documents I want and present them to a court as a proven fact but they are still on many occasions being disregarded. It would be great if the laws applied consistently and the Judges rulings were made easy by stating precedent but it’s a free for all and case by case whether you are granted any relief.
The tools are there, we can ‘t fall into the cable news, ideology, false morality traps. The truth of one person alone is powerful but if we work together it’s that much stronger.
Banks fear me…’us’.GLOBAL POWERBR(oh shit)KERS are behind us little guys….we American Dreamers have sure eaten a lot of FDIC shit…that’s Fed Dic….their turn.
1. File a Police Report w your local PD..provide evidence of the suspected fraud….
2. Send copy of said police report to AG Holder
3. File in Federal Court….’friend of’
4. Watch what happens
5. CEO are getting shadow talks…visions of what’s to come…they are wetting themselves. ..not licking their chops as before…’wetting’ as in pissing their Brooks Brother’s pinstripes…watch MetLife….watch and listen….777
6. Prison terms in 2015…2016…2017..China (et moi) are raging…..I speak for those who cannot.
7. Watch boise idaho….like an eagle. 777
Okay, for the record here’s my 2 cents! None of these media outlets like the major news stations is going to give a rat’s ass about fraud-closure. They are more concerned about the making the ratiings and fraud-closure is OLD news now. We have the ongoing problem with the Middle East, the airliner that disappeared, rampant shootings across the country….BUT, exposure is what we need. I have always held such esteem for MLK the way he was able to bring about his cause on the streets. Nowadays, the streets don’t offer much in the way of exposure but we now have the internet. If you really want to capture the media’s attention then put a fantastic video on UTUBE. Seriously! The woman that came into the store half naked and reaped havok had a million hits in less than a minute. Get yourselves together in a local area and begin filming. Tell your (horror) stories in short form – one at a time but do it graphically and with attention getters! One thing the news media monitors is UTUBE esp. when a video goes viral. No violence, just plain truth. Like you, David Franklin, as a Vet who fought for this country and put yourself in harms way to protect the citizens of this country. The American people are very compassionate about Vet stories. Just sayin’…
I suggest you all read TWO BOOKS by James Rickards.
He took part in a Pentgon war game exercise on 2009 where the participants could not use actually existing physical weapons like bombs, missles and aircraft or satellites, but could only use” financial weapons” like stocks, bonds and derivatives to destroy the enemy.
He has written “Currency Wars” and “Death of Money: The Coming Collapse of the International Monetary System”.
Rickards played on the China team, and created a scenario where Russia and China combined forces, and used their gold stockpiles to issue a new, gold-backed currency, intended to get the world to stop using the dollar.
A real-life scenario, however Russia has become the world’s richest nation in terms of natural resources, having literally billions of pounds of diamonds discovered under a meteor crater. It doesn’t need China. China needs IT. They are working on it.
Meanwhile, watch the European Union this week, the final “official” session of the European Parliament They will pass major reforms where failing banks will be wound down without public money.
The EU is still fuming at the U.S. for fomenting the worst financial crisis since WWII. On top of THAT it turns out we have been listening to private conversations of virtually everyone in Europe as well as doing it to our own people.
The EU is fundamentally reshaping the banking and securities industry. The EU is stripping power from member countries (“States”) to avoid more taxpayer bailouts of banks and euro zone countries.
Eric Holder and Barak Obama may well go down in history as failed administrations.
The final solution to out banking problem may well come from overseas. While we have tolerated the major banks fraud, European countries are saying “never again.”
U.S. influence in the world is at an all-time low. Want proof ? The dollar is down over 38% just since 2002.
Our media has placated and distracted the American public, as have both political parties, neither of which seem at all concerned about the 99% of we-the-regular-peoples’ plight.
In our country, it is up to YOU and ME to spot, to document , and to DO SOMETHING about EVERY instance of wrongdoing we come across.
The banks own the media, the politician’s and the courts!!!
Once you understand that horrible reality, you will see the only
hope is to take it to the streets and explain our plight with picket signs!
The first sign is short but sweet…”the banks are stealing homes and the courts
are allowing them to do it”….”63 million homeowners are under attack by the banks”….”the
only people that don’t know about this attack ate still able to be making their mortgage”….
Short and sweet and in small towns in every State….
Anything is better than thinking the Courts will decide! The courts will not rule in your favor!!!
Maybe they need to go back and not let banks cross the state line. That’s where it started to get out of control. They need to keep banking in the community again so they know who to lend and not lend to. I read where banks control 60% of our economy and it used to be around 13. They need to be squashed. We the people should just rebel against them. We don’t need to drive expensive cars and live on credit. We all need to live in our means
Hammertime. What do u think will bring down the banks. They need to be regulated in what they can securitize and people’s homes should definitely be off the market
I think those that have abused our system within the banks need to be held accountable. It seems like Chase was able to stop some action by shareholders that see what’s going on. I think we gotta get back to fixing our property records system and along with regulation if banks are using our tax dollars and we’re their customers the interest of our communities and economy in terms of jobs and real wealth needs to come first. The tough part is that home financing became our economic engine with globalization and loss of industry. On the positive side there are some real possibilities if the banks weren’t driven by greed and they weren’t run like a casino.
The homeowner can be more effective than two lawyers going at it. The judges need to see how the homeowner is being mistreated by the bank. I too witnessed my ex attny aiding the banks attny though they would never admit it. I am learning the law on my own now the judges need to hear from us the homeowner and how they r mistreating us so maybe these judges will wake up and stand up. They did not get into those positions just by being elected.
The truth of the past 6-10 years and the BASICS of the law and our rights is what we have on our side. It may be a matter that those in the bubble still don’t see it or are true abusers versus those of us that have gone through it and then the other slice of the pie those that are on the outside looking in. If we just got a fraction of the millions that have been through this in one way or another we could pop that bubble.
Lms53
April 14, 2014 at 2:19 AM
Well my dad always told me to finish what I start and this is near and dear and my bubble aka the American dream has burst in the worst way and I am very hurt and now very mad. I spent a lifetime building excellent credit and working for my slice of the dream and to let someone I don’t even know ruin my reputation. That’s the problem today with all this technology the ones that are sticking it to u feel no guilt because they don’t have to face you. These thieves should be made to face the people whose homes they are stealing and have stole
Well put tom and they will go down. They have way to much power over our economy. I know and chase knows they have wrongly put me in foreclosure and they r going to pay for the damage they have done to me financially. I know there were a lot of people that got out too soon because the home values plummeted or they strategically defaulted, but as for us fighters and know they have severely wronged us need to see this fight all the way thru. I will be standing by to help anyone and everyone as I continue my own fight I want to become a paralegal by my own unfortunate event so I can try to help others
There may be more Hope than YOU REALIZE. What is at stake here is whether the international monetary clique “Owners of the World” will keep what they have or be ousted.
Yes, they are amazingly powerful, but they are NOT invincible …. nor is their continued power assured. They may have done themselves in. By concentrating on consolidating themselves primarily inside six large divisions ( the big “too big to fail” banks ), they could easily go down as a group, which they clearly are – you see NO difference in how they operate because they are, in reality, one and the same. Being that, they are on very shakey ground. This IS an economic war, make no mistake about it.
The insiders are so scared, that they have destroyed our judicial system. Out of fear the group will implode, their desperation in completing foreclosures even though they are not being done correctly, being done without paperwork or proof, and being done in a way that destroys Americas economy and future – I can see they are in fact, making things WORSE for THEMSELVES.
Law is a sharp, but two-edged sword. It cuts us deeply, but has yet to swing the OTHER way and cut THEM AS deeply as well. If you make more and more laws and rules – EVERYBODY feels its bite.
The new Consumer Financial Protections Bureau probably holds the key to destroying the behemoth. IT can get this to Grand Juries and the World Court, and ultimately replace the system we have now with a much more stable, moral and just system. The rich folk have made their millions and billions, now it OUR turn.. They really DO owe US for what they have done TO us.
Should it have taken some 2,300 days for Wells Fargo to have changed the terms on my A.R.M., – of course not.
What then IS the solution. A new way of doing things. That’s what ALL of us have to work for, recruit others to join us, and replace the banking system with a system that has no room for insiders crime and racketeering.
That means MAJOR changes to our justice system, so that judges and attorneys who violate the law get to see the INSIDE of our prisons for violating that which they were sworn to uphold. Let their cellmates be the rich banking insiders to whom they have laundered the free money and real estate to. Will that happen if we let them continue to get away with this escalating injustice ? No.
Mass. has enacted one step in the right direction – unlike Florida who shields and enables the crimes, being in the pockets of the Cartel.
They have created quite a series of new hoops for banks, servicers and mortgage manipulators to jump through in order to foreclose on borrowers who aren’t making their payments – and are actually being PREVENTED from doing so by the addition of new charges.
Under the new law, those seeking to foreclose have to demonstrate to a court that they made “a good faith effort” to work with delinquent borrowers, that they took “reasonable steps” to avoid foreclosing, and considered whether the borrower could make lower, “affordable” monthly payments.
It also mandates they prove loan ownership of the rights to and under the Note and Mortgage and that they “hold” the documents legally….. and prior to taking foreclosure action.
It prohibits misrepresentation and imposing unfair costs and fees and makes charges for services not performed to be a crime.
About time.
Now, about OUR individual cases…who wants to “show and tell” with judges and gtry to set aside those forecloures that occurred wrongly. It means finding EVERY mistake the judge and attorneys have committed …and commit – and doing something about it.
If you show them YOU will not let them get away with a SINGLE error…. methinks they might just want to TALK WITH YOU about a resolution OTHER than foreclosure.
This forum is great, BUT it should not be where each of us STOP, it should be where we BEGIN our pro-activity on our own situations and actively support the rest of us on THEIRS. They ARE paying attention.
This applies today – Ephesians 12:6 says “For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”
We need to understand this isn’t just about our individual homes and wealth but our neighborhoods and our country’s wealth that is being taken from us through abuse and deception. Our nation’s soul is under attack and our Constitution and laws are being shredded. But it starts with us individually taking a stand for our homes and demanding fairness so we can recover our wealth while working together.
Agrees we have no front or mechanism
To come together as a force
As a disabled vet by the VA. I have bet orgs to help me fight
Chase and they could Care less about vet homeles
David
hammertime
April 14, 2014 at 1:19 AM
That’s where we all have common ground in being abused and treated as if we don’t matter. Only when it became publicized that veterans and seniors were being thrown out did they change their tune a bit and started making their commercials and politicians started acknowledging therr was a problem. If you’re being abused by Chase the settlements give you many of the rights and tools Tom is talking about in MA. Your story would have a strong impact. Hopefully this week will go smoother and we can talk about your situation.
David Franklin
April 14, 2014 at 1:30 AM
AP would be best to break my story or even more blogs
Can’t get any interest
hammertime
April 14, 2014 at 1:43 AM
We have to make our own media which we are doing to a certain extent on here. Your efforts to try to get interest could be a story in itself and there are techniques we can use to help each other and others. At some point the truth will break through to the average Joe as it has to some extent. Either way I agree with Tom the writing’s on the wall for the too big to fails but we can’t let this be swept under the rug if they end up in their prison country clubs and it’s business as usual.
Agreed however chase agreed to stop with us ag eric holder
N paid 35 billion to settle
However congress your reps n senators gave chase 90 billion
Of your fed taxes in tarp money to pay that fine
We need to get on congress’s ass to stop tjid crap n to get them to
Get on obama n the fed n uscfpb paid by the fed
We will never have any wealth without our paid for homes
David chase has never stopped their predatory practices and have no intention of stopping until they finally get a lengthy sentence in a jail somewhere. Don’t ever forget what the good book says about being slave to the lender. You are bargaining with the devil
Chase is begonning a new wave of predatory lending and mortgage servicing
Practices by adding a hidden not disclosed 1 percent of intwrest
Per year on bear stearns mortgage loans and will take our
Interest rates to 12.37 percent in nine yrs
This is never disclosed interest in TILA DISCLOSURES
THESE R FOR ARM LOANS
,CHASE HAS CONFESSED IN WRITING TO ME ABOUT THIS
Thank you Tom for helping my family spread the word about our struggles with Hanson you are a true American. Your efforts to help others are genuine and are to be applaude. You must have read my entire site to have made such an endorsement and you realise that my efforts to expose this admitted discrimination will help other American Injured workers in the future. US Bank has recently filed a NOD and that is another battle we must now face on top of trying to expose Hansons business practice. What next? If you would have your readers please read my website to see the court submitted evidence for themselfs which will verify my statements about my situation I would be very grateful! Keep up the good work Tom you are a light of hope in a sea of deception!
I received this from him if you haven’t read it:
I live in San Diego and the corruption is exactly how you have described it in your statements below. If you would pass my website on too others it would be much appreciated. Here is the link: http://www.myfight4justice.com which describes my struggles in the just-us system.
I am taking on two multi billion dollar foreign corporations who have defrauded Health Care providers (Doctors) here in America for the past Twenty Years (according to the document they used in my case) As it turns out their attorneys submitted a second job description, which no one has ever seen until it was discovered it in my case files that is! The proof which is actual court submitted documents is located on my website. This document is admittedly used “Sometimes” after an employee is injured and was used by the defense in the Wrongful Termination complaint I filed in 2008.
So far My Fight 4 Justice has gotten me an Appellate Court WIN in December 2012 who sees a problem with them using TWO different job descriptions for the same job position. The Superior Court judge,none the less, threw my case out once again so I am back in the Appellate Court presently for round two. I have sought justice for seven years and my fight is not over yet. MY Appellate Court victory can also be read on my website for those interested to see what justice actually looks like.
Tom is absolutely correct you must INVESTIGATE – DOCUMENT – FILE FILE FILE. and be patient. You MUST do a lot of investigation and if you do eventually their house of cards will fall. Remember FRAUD Succeeds when good people stand by and do NOTHING! Check out http://www.MyFight4Justice.com to view my evidence.. God Bless!!!
PS I was just informed today that a notice of Default was filed last Monday. Now my fight goes to a new front against Mort Backed Securities and US Bank. Who claims they have standing for a loan originally created by Countrywide then Downey Savings both defunct organizations..
Regarding Moonbeam* Brown (loving term we Californians called him during his first stint as Calif Govenator) being sued in California for diverting funds designated for foreclosure –
I have sued Pam Bondi for the same thing in Florida, along with the justices of our 17th Judicial District and District Court of Appeal to attempt to get an Order of Compliance to issue…. I also am suing a specific Judge who’s calendar I sat in on this past Thursday…she was staring at her computer screen while someones’ defense attorney was getting the plaintiffs attorney and witness to agree that the default they had alleged had actually been cured, when suddenly.the judge snapped out of her trance to say “JUDGMENT FOR PLAINTIFF”… I even went up to her and told her she had just made a mistake after everyone left the courtroom…she said she wasn’t going to discuss it.
I also just got the continuance of my April 23rd trial date moved to after September 1st with the Notice to the Court that my permanent modification should be in place by then, so looks like the foreclosure case filed against me in 2008 is over…… (nearly 2,300 unnecessary days too late)
_________________________________________
*PEACE OUT JERRY, just a bit of nostalgia… you’re a good dude…most of the time, sometimes – a true poly-tician howeva… I STILL love how you STILL look so concerned, you should bottle that look and sell it when you retire…again ( will you get double retirement ??? )…Tom
oh, and I think we’re going to have another Mountjoy case here in Florida
Tom, you would be better off spending your time finding solid legal reasons to win on your own foreclosure case rather than attempting to sue the AG pro se.
I believe I have seen your motions. You desperately need to focus on the proper presentation of strong legal argument based on admissible evidence, in your own case.
If you think you have a good case for suing the AG there are LOTS of lawyers who would take that on contingency, because fees in a class action of that nature could be well worth their time. As a pro se you cannot represent others, so you can’t file a class action.
Focus on your own foreclosure case. That’s where you energy should be directed. Find a good lawyer and find the funds to stand him or her up in court.
Heres what just happened to me, and YES – hackers are busy on this site. Within the past few hours I received ‘updates’ from ‘this site’ …but they were bogus. By clicking on a ‘reply’ button within your ‘2closurefraud’ email update, you’re DOWNLOADING malware that allows these people access to control your puter and access most of what you have on it.
Fortunately, everything over the web is tracable, even though these idiots use “masks” to hide their identies and locations. This is accomplished by using multiple servers in different parts of the world. It just it more work to reverse each one, and they figure you’ll give up. Theres not much I give up on !
If you notice funny things going on, open your task managers and take “print screen” of all the processes that are running. HINT – you see CPU usage on theirs typically.
THEN go to Internet Options and clear all cookies and temp files, after which you want to run your anti-spyware program probably 3 or 4 times, one after another.
Reboot. Then go look at task manager and what processes are missing and which still showing use when you’re idling…when your on idle they may NOT be, and they give themselves away. Once you find which process(es) are running, open them and find their IP address and check what other IP Addresses have been forwarded from.
With their IP address you have their provider AND THEIR PHYSICAL ADDRESS. Contact IC3 and you have them. File a complaint with IC3 AND Interpol and they are toast.
Sleep well tonight, your computer will be !!!
G’Night Friends !!
(this should clear up all your slow and unstable symptoms, too)
Astoria Federal/Fidelity ny fsb new attorney looking at the dates i was under federal court jurisdiction knowing these was no legal judgment already admitted its indemnify indemnify indemnify , heres a predicament w here the bank tried to straighten out the fraud and they were stuck with crooked judge Alice Schlesinger.
Sounds similar to a case I know of in San Diego. What you and Tom are describing and we’re all experiencing is the left hand not knowing what the right hand is doing while claiming to address the fraud etc. Homeowners and the American people would have accepted a fix to a certain degree but with the settlements corrupted and CONTINUING abuse and now another bubble and collapse on the horizon this can only be seen as a fix gone wrong or continuing fraud and corruption.
….. you can still straighten things out AFTERwards through negotiations with a plaintiff which often they are – usually they’re just looking for a way out – a judges misconduct can drag them into something they don’t want to be in. Post-judgment actions CAN be taken, I’d try to stip to modifying the courts action.
Remember to complain about bad judges !
Judicial Qualifications Commission
1110 Thomasville Road
Tallahassee, FL 32303
Phone (850) 488-1581
every state has one !
AND the Cordray folks at the CFPB are looking at bad judges, too. Contact them.
hammertime
all it took for judge alice schlesinger to rule against the US Constitution pursuant to Elliot v. Piersol was some money under the table and into her hand.
hammertime
there is definitely a second computer . I have had hacking problems on my house phone and my cell. My mobile provider worked endlessly on the issue and saw exactly how it was done. and one day watching my call history found they were forwarding my calls by quick switch and even go the phone number they were switching to. A number similar to my cell number but the number they switched to was located in Garden City , the home of Astoria Federal After they knew i had that number, they closed it and now use another number
I am going in a different direction to get them.for Astoria selling my two condos without owning them.
Mobile phone hacking is notorious for ease to do. If you have that evidence in a usable form that would be huge black eye for them I would think. Going to these lengths your case must be something beyond the normal. Sorry my memory banks are low with tracking every case I read about. I’m thinking of ways of how we can describe our cases and somehow address these various issues along with Tom’s court emphasis. It would be good to schedule a time for conference call. Evening Friday (CA) or over the weekend would work for me.
MARILYN, I HOPE YOU HAVE FILED CRIMINAL CHARGES and will be filing a civil suit……you might just get enough to pay OFF your mortgages ( or buy something better for cash !). The Justice Department attorneys will help decide which jurisdiction should investigate and which prosecute. Get them started immediately so they can tap and trace before the folks disappear, which they will. I’d talk to your local FBI office special agent on duty TOMORROW and talk with your providers security. LEO’s have to talk to your carrier ASAP.
Civilly,you must decide whether State or Federal court you want to hear it in BY JURY of course !!! and asking for huge exemplary and punies since your actual damages are probably nil or difficult to prove up.
Federal Court is a stickler for preciseness and don’t fool around, you get a trial date up front and its usually within about 9 months…discovery may take time, so as much as I think Fed might grant you a far bigger award, it might be too much pressure in too short of time, since you’re going to have to do a LOT of discovery and its all over the place.
I suggest you start interviewing attorneys NOW, in several different fields, but you want an EXPERIENCED TRIAL ATTY who has a great investigative team specializing in electronics and telecomm.
If I were you, I’d file and get a restraining order and subpoena all your telecomm records and depose everyone who has knowledge at the telecom, a judge should grant you a shortening of time to commence discovery under your circumstances I should hope. FIND OUT WHERE THE CALLS WERE TERMINATING and WHO HAS BEEN AT THAT ADDRESS. The FBI can have people at the address within 20 minutes once the warrant issues. This is better than TV !!!
I see where Fannie and Freddie properties listed for sale take forever to close and when the properties are transferred to Fannie/Freddie to be sold in the open market, the title is recorded as not a warranty deed but abbreviated as ct and the contents say that no one in a certain amt of time(can’t remember how long) but says that the title has not been contested in the court and the property is sold from there. When I refinanced I paid for title insurance but never got a new policy. I still have original title policy and warranty deed from when I first purchased my house
@ Lms53 – CT stands for Certificate of Title and that is standard in a foreclosure sale when acquired via sheriff’s sale. It is because the title is being issued by the Courts and they cannot warrant title since it is being done via the court system. There is a redemption period which is stated in your mortgage document so the Court will not issue a CT until that period has expired. Also, when you refinance you only get an ‘endorsement’ to the original policy, not a new policy. The endorsement will amend the original title policy depending on whether you increased the mortgage amount or decreased it. Hold on to that endorsement with your original policy. It’s much the same as when you modify your car insurance policy when you add or delete autos or persons authorized to drive them. Recorded deeds are ALWAYS returned to the owner and should be kept in safekeeping.
bobbi , I went thru my titlepolicy & no endorsement when I refied. obviously another doc they can forge if necessary. in fact I have all my refi paperwork and received nothing back recorded or any other papers when I refied with chase in 06
Bobbi Swann
April 11, 2014 at 10:33 AM
@Lms53- if you don’t have the endorsement, then check your HUD closing statement to see who the settlement agent was. Most typically it will be a title company or an attorneys office. Call them and ask them for the endorsement. Their file number should be on the closing statement for reference.
Judge Louis L Stanton was my judge in Federal Court Southern District who understood the US Constitution when he removed my case and issued his first orders and when the Bank objected changed his opinion and said
‘ creation of money is not a Federal Issue ” huh.
read this from ProPublica of what money can do.
What Newly Released Docs Tell Us About the IRS and How It Handles Dark Money Groups
by Kim Barker and Theodoric Meyer
Here are five takeaways ProPublica found from the documents released Wednesday by a House committee.
I do not doubt that, however I did get an email notice yesterday that one group of attnys are withdrawing from my case. So now the original foreclosure mill attorneys will step back in with their shenanigans. They too have my email address. The entire broward cty circuit court has my email. I don’t bank online so if they r looking to see how much money they can get they will have to resort to some of their other illegal ways
I do not voluntarily share data on my computer. i don’t do banking etc on my computer.
A few years back i bought a camera and contented it to my computer to watch my dog and my apt
I would go out everything was set up and working. i did trial runs and returned in a few minutes everything was shut off.
the camera manufacturer interested in this issue, set it up for me and the same thing happened.
Marilyn. Make sure that u cannot share data, photos, etc you have to go into your setup to verify and u can make sure that there are no other users. Also your ISP can see if there r other users logged into your up address
So wrong. That’s dual tracking and illegal. Entire case should have been dismissed and for defendant. This was part of the big payout last year. What’s wrong with the attny
Defendant got ripped off
Marilyn – what is your OES (operating system)? It sounds as if you have a windows vista, is that true? If so, you need to click on ‘start’, then click on ‘control panel’; then click on ‘user accounts’. There you can make sure that you are the only user. If there are more than one, you need to delete one. This should be the same procedure for any OES except MAC and I have no knowledge about MAC systems.
I’m on Windows XP (old) just got a laptop with Win 8. On XP you have the default administrator and guest I believe as default depending on who set you up. On XP I have set up various users for different purposes. You don’t want to delete the Administrator if it’s even possible. I have an internet user login with little or no permissions to modify files or add software. It may be compared to Mac to may be less secure as Bobbi is saying. Computers, hard drives, thumb drives are dirt cheap compared to the old days. Saw a commercial yesterday for Win 8 tablet where the store owner not real techy looking is basically saying the same thing, keep important data separate access to internet when necessary and take precautionary steps. I’ve been using Digital Divide which has a free trial that’s worked pretty well. My worst case was when Windows automatically updated and conflicted with previous anti virus software. And there have been times at critical sales or other actions that my system seems to have been under attack. But every time I’ve had enough backups etc to get me through and keep going. When you add a user you will be given options to set them as administrator, possibly power user or guest type or minimal user.
Tom
Many times when i come to my computer, there is a little square in the middle of the screen that says “Marilyn Lane
locked out’ below it says switch user. Who am i switching with if i am the only one on my Computer?
See other posts. This could mean anything from you may be logged in somehow as in after a crash or there could be serious corruption of Windows. If you’re functional should be minor. In Win XP you had the option to reboot to a previous working version, called a restore point. You may also get there through control panel.When your system is stable you want to set a restore point or at least keep in mind a date when your system was stable.
That’s a computer setting( internal) issue….someone tried logging into your puter and after several failed tries,it locked “you” out to protect the integrity of your stored files and
programs. Simply reset it.
I just had MY puter hackted…downloaded malware via a bgus “update” from THIS SITE!!
They must really be scared. HI GUYS, you know I know how to reverse search you out, don’t you
I am aware that all it takes for some judges to grant a judgment is to waive thev original mortgage and the words “THEY HAVEN’T PAID” and its “JUDGMENT FOR PLANTIFF”
Today I sat in on a case that was contested, the defense attorney got the banks rep to admit they had accepted payments after they filed their action and admit the case was wrongfully brought to trial but the judge said JUDGMENT FOR PLAINTIFF before anymore words could come out of anybody. SHE HAD BEEN GLUED TO HER COMPUTER THE ENTIRE TIME AND YAWNING, HADN’T HEARD A SINGLE WORD, and after everyone left I approached the podium and told her I could not believe what she had just done and she had made a terrible mistake and she told me she would not discuss the matter with me. There was another witness, plus the defendant and her – very bright – attorney.
I am filing a complaint with the Judicial Qualifications folk and motioning for an immediate restraining order preventing this judge from hearing any more foreclosure cases.
Folks, these are powerful people. We talking about it accomplishes NOTHING.
I AM aware that other counties are following suit. Besides destroying our economy and standard of living and future for ourselves and our kids…THIS IS DESTROYING OUR JUDICIAL SYSTEM !!!
PLEASE join with me & pitch in time and effort doing PRO-ACTIVE THINGS T O G E T H E R …
please e me at reachth@yahoo.com or call me at 954 882-0009
I would say unbelievable but it’s not at this point. Our main weapon is public opinion and the fear of bad publicity and it seems the time is now or never. I’ll follow up tomorrow or over the weekend as I try to catch up.
The attorney in this case has also been working on several different cases, one other that seems of some importance would be dealing with whether or not non-judicial foreclosure is constitutional or not. Also, seems as if he is on a mission to make the trustees responsible for their bad behavior.
In this world we are living in it takes money to do most anything. That Lisa and Michael liened on Carol Asbury and Lynn should not be held against them.
I think they were as surprised as us how those connections turned out.
Several techs from my cable provided told me that on different occasions. If you have enough money to spend it is not difficult to have a second computer using ones ip adress that can control and interfere with the privacy of ones computer no matter how much security you have. Banks in particular employ hackers to protect their own information and these techs are very knowledgeable and know how to get around all the tricks of the trade.
Don’t tell that to Bobbi swann and yes any house that Fannie Mae or Freddie has infected has clouded title but of course they will squash that in the fort if they can get away with it
When I would complain to bondi’s website I would not even get acknowledged pretty much the same way Chase is treating me now. They will not even speak to me on the phone because of “pending litigation” they claim
It’s better to take it if it is affordable for you and argue the rest in good time. If you do owe the amt they r saying better to pay than not. It will give you peace of mind
How will he have peace of mind if he agrees and the title is all screwed up?
Bobbi Swann
April 10, 2014 at 12:12 PM
@ hammertime – my sentiments exactly! What good is a paid off mortgage (if we ever live long enough to do so) when the title is ‘clouded’ and the chain of title is broken? Conveyance is nearly impossible which would impede any sales of the property or even additional financing in the future. This is what most people don’t understand about title problems. All these people who got modifications are living a lie! Yes, they got to stay in their house as long as they were paying but the minute they try to refinance or sell that’s when the shit hits the fan! And where or what are the ramifications for this clouded title at that point? NONE. All the rights of the borrower were relinquished at the signing of the modification. Don’t people understand that the push for modifications is NOT in the interest of the borrower, but for the bank. It allows the bank to stay off title as in foreclosure and keeps the risk to the borrower FOREVER. Why do you all think the banks don’t want to take title on all these “zombie” properties sitting around the country? Because if they do, they also take on all the title issues and become liable for the broken chain of title. For God’s sake, chain of title is the base of land transfers. I now have title companies that will not insure title beyond the present buyer. Why is that do you think? Liability maybe? Quite so. So, live it up for those of you with modifications because you just transferred the liability from the bank to yourself. (besides the fact that you have modified a mortgage that was never perfected in the first place).
hammertime
April 10, 2014 at 5:04 PM
One of the basic truths in all this people have a hard time wrapping their minds around. No disrespect intended; it’s the mindset we’ve all been pressured to accept. But it’s very basic. Why do we fight tooth and nail over a dmv bill or an IRS receipt but we accept that our mortgage and title is no big deal! I almost fell for it myself when I was told there was a reconveyance done and there weren’t any other creditors pursuing payment so no problem! Black’s dictionary I believe defined a reconveyance as having requirements such as an actual payoff and delivery of the paid off note. I never received the paid off Note when I requested it since before the first payment and before I knew a thing about securitization. 6 years later Chase admits by right they need to provide a paid off note and the homeowner bill of rights now require that recorded documents require reliable evidence; even if a watered down chain of title. Still, like Tom is seeing, the lawyers, agencies, courts are still saying it’s just about the payment. If people give in now with these tools it would be a shame.
Well, I have officially sued judges of Broward, 4th District Court of Appeal, our State legislators and Pam Bondi – now to do depo’s and try for injunctive relief in the form of CHANGES. These people owe us a duty, and they have breached that – let’s see if we can get action.
I will post my Complaint on casediscussions.org
anyone want to do conference calls, and have ideas on my suit, let me know at reachth@yahoo.com
It is not paranoia with me my computer with all security completely freezes and sometimes when I start to type the page moves all over the computer.
Astoria hackers get around this by having a second computer set up on Astoria property. It is not only my computer but my house phone and cell phone that they are hacked into,
Tom
I did and they told me a sign of hacking is when the page moves all over the computer it is hacked
hammertime
April 9, 2014 at 4:30 PM
@ marilyn. that doesn’t sound right. Page moving could mean alot of things such as bad video. Which tech support did you call? I would suggest you get to a stable point by backing up your data and wiping out your system and start fresh. When you’re on the internet try to use a separate system or different login from your important data and log in with low permissions.
I had a suspicious? experience with Szymoniak’s site. I had contacted her site which was initially to be about helping homeowners I recall and the next day from what I remember the story came out that they had unsealed the case files and the homeowner was filing against her. I described possible false claims in my case and in February she was part of the False Claims case against Chase it looks like, very strange, coincidental?
Tom
I typed in a site called” Similar Sites” to foreclosure fraud and found there is a lot of competition
among them. Among them Lisa, Michael, Neil, Matt and even dinsfla the one I think who is suing Lynn.(is dinsfla and damian figueroa the same person?)
So you and everyone has to keep going straight and doing the right thing. I noticed a lot of the people bad mouthing Lisa or Michael or any of them are their competitors.
Maryilyn Lane, were you able to read the article I posted about Lynn? I hope it was helpful because it seems a lot of people were wondering what happened to her.
I am Marilyn Lane the artist from till New York City also known as Helyn Mann of the Washington Sq. Outdoor Art show for over forty years, and that was till Astoria Federal/Fidelity NY FSB fraudulently auctioned off my two nyc Condos with Void Ab initio judgments to straw buyers one
Cheetah Realty and one Fang Li that started flipping them
.Cheetah flipped to a Ileene Marchena who doubled the price and flipped to her brother Antonis Marchena title insured by none other than the infamous Fidelity National Title
Fang Li with her fraudulent Title flipped to Frances B Turner who could not obtain Title insurance by her attorney so her attorney David K Fiveson made up the sham name of Coronet Title.
Had i had an honest judge this whole fraud would have stopped then but I had judge Alice Schlesinger od NYSC who would rather take a bribe
dont kno Marilynn, she/he went off on me about the computer too. I guess we should stay on track of why we are all here in the 1st place, but its getting very frustrating trying to communicate here when it acts up for whatever reason
Does this Bobbi Swann have any connection to Bobbi Swann the Real Estate mortgage Broker or Bank Loan officer from Clearwater Florida.?
Bobbi Swann
April 7, 2014 at 5:47 PM
Marilyn Lane and anybody else that wants confirmation: Yes, I am the Bobbi Swann that is a Licensed Mortgage Loan Officer. I do NOT work at or for a bank. I am my own boss and I work for myself. I am licensed in the State of Florida and through the NMLS which is the National Mortgage Licensing Sytstem. And for the record I choose NOT to do business with certain entities such as Wells Fargo, Bank of America, Chase, Suntrust and a few others that were involved in the mortgage fraud settlement. I do strictly Fannie/Freddie or FHA/VA guideline mortgages and I have NEVER done the ‘goofy’ mortgage programs from the last 7-8 years. I also do commercial real estate financing as well with my background as a commerical loan officer and property management for the RTC when it was in existance. I might also add that I have been in this business for over 40 years. I also assist others in preparing materials and documents for foreclosure fighting in the courts against the Plaintiffs. I attend hearings for those in foreclosure representing themselves Pro Se as the defendants and I spend a great deal of time at the law library. So now you know…..is there anything else you want to ask me? I don’t hide behind some internet name. So are you the Marilyn Lane that is the state rep for Michigan or are you the interior decorator from Sarasota, Florida?
Oh My God! Some of you are allowing paranoia to overtake sensible and reasoning. This site is not taken over by the banksters; nor was it started by the banksters. The site may be monitored by some of the lenders but highly doubtful that they can overtake your own computer or manipulate your own PC, laptop or whatever. The internet, as a whole, is becoming overloaded and you would know that if you ever watch some of the discovery channel or the other informative channels. I’ve said this before, but if you have more than one program on your computer for scanning antimalware you are creating a conflict that can actually do more harm than good from our own source. We all know that some of the bankstas are within these sites and if you use good common sense you can pick them out. Some that have commented here I know are just that and I don’t pay much attention to their comments. For example: we all need to pay our mortgages and paying them what we owe is the correct thing to do. This line of reasoning is only coming from a banksta…..You all need to be vigilant in disecting what is good and what is evil. Most of you are over-reacting to stimuli that is just false information.
With all due respect Bobbi Swann…..the internet can be manipulated, hacked, infected and following every single step we take and every key we hit on our keyboards! I even get “audio” for quick moments with voices???
HELLO!
So, who knows who is looking at “US” at any one time…maybe even looking at your face right this very moment as you are reading this!!!
We, under attack by the illegally operated BANKS, are fighting back and sharing our horror stories with each other on these site’s because the BANKS own the Courts…the Media and the entire corrupt Government so we fight this battle under the radar and share our united knowledge! I just totally disagree with what Bobbi wrote…WE ARE UNDER ATTACK and FIGHTING BACK and “they” are watching us react to being under attack! Just sayin:-)
Bobbi Swann
April 7, 2014 at 2:22 PM
Those recordings that you are hearing is because you have not set your computer correctly for allowing ‘ads’ to come in! You can stop those. I would suggest you get some help from a reliable computer programmer because if those ads are coming in you are allowing all types of malware in as well. Your computer is like a door to a room (the room being the internet) and if you don’t put up filters in front of that door you are subjecting yourself to vast evildoers! Oh and by the way, if you have built in webcam on your computer you need to disable it otherwise you are allowing others to view you. Webcams are the ‘eyes’ of those hackers so close it. You mean to tell me that there are no computer guru’s on this website who can validate what I have just said????
The least you can do ldynps is verify what I say instead of shooting back that you disagree within a few minutes…..I simply ignore and delete the rantings of nonsense when I see them.
Completely agree. I may have contributed to the paranoia jokingly as I had the missing keys phenomenon. Mostly an issue of performance. At this point the cat’s out of the bag what are they to gain from “spying” on these sites. The sky is falling brain washing of past 30 years seems to have hit here.
Bobbi Swann
April 8, 2014 at 3:39 PM
@ hammertime – good to know that there’s still some out there with a brain (that functions in reality). I, too, am wondering why there’s not been very many postings by this site as there used to be. However, I will take the road that maybe, just maybe, they have jobs and lives to live now that the years have past and time spent on this site has somewhat been more of a heavier load. I did read that their sponsor ended up in jail since the site opened so it may be a financial burden as well. People forget that there is a cost to keeping up a website and we should all remember that nothing in life is free! Cheers!
Tom .
I was able to reset my password last nite.
When I first discovered Foreclosure Hamlet I had experienced the fraud
going on at Fidelity National Title and Lisa was onto the fraud of another title company.
I feel kinship for Lisa and would have loved if she had become Count y Clerk and think
is would be great for all of the people in Florida.
Honesty has a lot of enemy’s especially when they can be anonymous on the internet.
lms53 says:
April 7, 2014 at 9:52 AM
tom, how do we know that it wasn’t the banksters tht started this site so they could have 1 up on the consumers whose home they r tryn to steal
Reply ims53
marilyn lane says:
April 7, 2014 at 12:37 PM
Their are a lot of banksters as plants on these foreclosure sites. If you go back far enough with Michael and Lisa you see how they got into this foreclosure fight. That the crooks are threatening michael, and lisa with who they might have depended on getting our cases heard shows we are making progress in our fight. Most of our lives we believed in the banks. and the courts and now many have woken up. When i was forced to start my fight seventeen years ago , no one believed me that banks were corrupt, no one believed me judges were corrupt what a difference time makes.
Even the bank Astoria Federal/Fidelity NY FSB who original attorneys were nothing but corrupt debt collector attorneys MJRF were gotten rid of and the bank now has decent attorneys OReilly, Marsh and Cortesselli admitted they didn’t own my two properties when the corrupt court ref Penny Stark . auctioned them off and stated in front of judge Schlesinger its indemnify indemnify indemnify and the Title companies are stepping in. Did the bank back then know how corrupt the title companies were ? They sure found out and yet the banks attorneys didn’t open up their mouths…..they sure didn’t like me cause i had to go the fight alone and i think i had input into Astoria losing $436 million in a Goodwill case from the Government.
Unless the banks admit they .have to make amends for all these people losing their homes and do the right thing it is going to get worse for them. Fining them and making settlements isn’t helping the people who lost their homes and suffered
Tom Heinrich
April 8, 2014 at 9:19 PM
Mike Redman and Carol Asbury were the hardworking pioneers who made
4closurefraud a wonderful source of up to date information in the early going. The banksters neither started it nor liked it. It certainly doesn’t have the oomph it once did and has become very commercial, and half my posts don’t get posted, but anyone who is making it possible to communicate and share knowledge gets my respect !
5% fixed, lots of conditions….. payments about 20% a month more than my actual scheduled payment – it’s good if I still owe money, but if my loan was actually settled and satisfied and there IS no balance remaining, then no
Their are a lot of banksters as plants on these foreclosure sites. If you go back far enough with Michael and Lisa you see how they got into this foreclosure fight. That the crooks are threatening michael, and lisa with who they might have depended on in getting our cases heard shows we are making progress in our fight. Most of our lives we believed in the banks. and the courts and now many have woken up. When i was forced to start my fight seventeen years ago , no one believed me that banks were corrupt, no one believed me judges were corrupt what a difference time makes.
attorneys
Even the bank Astoria Federal/Fidelity NY FSB who original attorneys were nothing but corrupt debt collector attorneys MJRF were gotten rid of and the bank now has decent attorneys OReilly, Marsh and Cortesselli admitted they didn’t own my two properties when the corrupt court ref Penny Stark . auctioned them off and stated in front of judge Schlesinger its indemnify indemnify indemnify and the Title companies are stepping in. Did the bank back then know how corrupt the title companies were ? They sure found out and yet the banks attorneys didn’t open up their mouths…..they sure didn’t like me cause i had to go the fight alone and i think i had input into Astoria losing $436 million in a Goodwill case from the Government.
Unless the banks admit we have to make amends for all these people losing their homes and do the right thing it is going to get worse for them.
IMMEDIATELY AFTER (one and a half days) I put up the website http://www.closewellsfargo.com I got a call that a loan modification was approved for me and it would be overnighted to me…that was on Friday. SATURDAY MORNING around 10am there was a knock on the door and a FedEx delivered the modification contract to me.
tom, iwas looking for the florida bill you mentioned, but no mention of it anywhere, where can I read about it and yes Marilyn, not surprised. there is definitely something up wit 4closurefraud.com
It was introduced by Soto..just go to the Florida Senate site and enter Judiciary Committee and you will find it…SB 0126, or call his office and they’ll be glad to send it to you and tell you how you can track it . It should be easy to find…its the only bill Florida is even considering this year sadly so far, and there’s only a few more weeks in the session.
Can anyone tell me why some of my posts get posted on here and others require approval first ?
Have the people that started these sites disappeared ? I get no responses from them and the same from Lynn Syzmoniac…where has everyone gone
Hamlet was down for a bit
Tricia
April 7, 2014 at 1:13 PM
I don’t know if you will get much of a response from Lynn Syzmoniac..she is in a bit of legal trouble herself for taking information a supposed client gave her and starting her original law suit. Read an article about it not that long ago…I will see if I still have the link.
Well this is very interesting….very interesting….and of course highly illegal
I pride myself on carefully planting the information I want people to have, so it’s not too difficult for them. HI HOMELAND SECURITY !!! They have taken over a lot of the classic entities to free them for other things…like eventually putting the banksters in prison for awhile !!!
Fortunately, I grew up in the age of communist cell groups and learned how they operate, , as well as our own intelligence agencies, , …info coming in from LOTS of sources and the sources checking on each other. I’ll be glad to tell you how this all works but it would be best to have our OWN at this point, because we are owed a ton of money if they ARE spying on us.
I’m proud to say Wells Fargo just dedicated two servers and a few people to monitor the web because of my activities, and others since I am FAR from being alone…they finally caught on they are vulnerable at this point and are getting a little paranoid.
But the last thing we want is for anyone to think WE’RE paranoid. I highly doubt they are monitoring our telephone calls and emails, but just to make sure they AREN’T, lets just check it out. We can either rest comfortably, or file a hellacious civil suit and collect some nice financial rewards from them…who’s in.
* The banksters are already figuring they are going to pay out about a half years income from all this btw..Those are THEIR own figures…I bet they’d like to know where I came up with THEIR inside information. I LOVE INFORMATION, don’t YOU ??
I guess when I put up http://www.closewellsfargo.com they figured they should pay more attention to what the people in this country and the world are doing and thinking.
The World Court COULD put the International Banking Cartel out of business. We just have to worry that both political parties don’t put up two insiders in 2016 – what is currently planned is Jeb Bush vs Hillary, and Jeb wins. They should be more careful about who they let into their meetings.
…………………….
“BANK TECHNOLOGY NEWS
by Mary Wisniewski MAR 27, 2014 3:52pm ET
…………….Wells Fargo has set up a command center to better monitor social media sites. The nation’s fourth-largest bank recently set up a war room in San Francisco — and a backup location in Charlotte — where employees sit side by side to watch eight large screens that display Tweets, Facebook posts and other social media content published about the brand. Its two command centers are staffed five days a week, 12 hours a day while the bank also deploys tools that moderate mentions of its name around the clock. “
I would be with you tom, I just don’t know with so many higher ups involved in the corruption if we alone are enough to expose the truth and it is all about the money. until we get a new govt (and then you don’t know) they are all patting each others backs. all the immigrants that came here to escape the suppression in their countries really don’t find it that different here. They despise obuma
The proposed law would not prohibit foreclosures, just penalize anyone using fraudulent documents.
Right now, Florida courts are making special exceptions to the rules governing due process and evidence for the banksters. They are aiding and abetting criminal conduct. In doing so, they are violating your constitutional rights. Pam Bondi has also violated the duties imposed on her, aiding the banksters that pay her to do so through campaign contributions.
David J. Stern should be facing criminal charges and standing trial…by we citizens. He is not.
I am suing the 17th Judicial District in Florida and Florida’s 4th District Court of Appeal, seeking Declaratory and injunctive relief, while I am working with legislators, journalists, and law enforcement, trying to get cases to the Grand Jury to try to remove some of the law breakers and criminally prosecute the worst offenders. Pam Bondi is one of my defendants.
I WILL NOT BE SURPRISED IF ALL THIS WINDS UP IN THE WORLD COURT. It is possible the United States will face sanctions, and unfortunately they are deserved. The Obama administration is complicit BIG TIME. If you knew the background of Timothy Geithner and Eric Holder, you would throw up. UP TO THEIR EYEBALLS. PAID LACKEYS. They need to be removed or correct their own wrongdoing. You know who can do it ??? ALAN GREENSPAN
And let there be NO confusion…it was BILL CLINTON who allowed…and recommended…the big
banks ‘be allowed to do WHATEVER they want.’ He put ethanol in your gas and mercury in your light bulbs. He has become one of the richest men ( and having one of the richest wives ) in the U.S. cutting deals. What do you expect from a country that carries suitcases of cash into countries to buy friendships and get favors. IT’S ALL ABOUT MONEY.
……and what is WARREN BUFFETT doing hanging out with the likes of the “Wells Fargo Boys.”
He could single handedly shut this operation down himself. IF he wants to know how, he just has to call me. I could turn this … and our economy…AROUND IN A HEARTBEAT.
America has a Secret Weapon. Its the good-heartedness, motivation and determination of its people. Some of the most talented in these areas are our most recent immigrants.
STOP all foreclosures right now. People pay what they can, and if they can’t afford interest only at 2% on the balance, they put the property on the market for six months and sell it at MARKET PRICES…NO deficiencies, or deed it back.
Put the homeless in charge of cleaning up and cheery-ing all already foreclosed homes and properties.
Everyone gets 2% loans to improve their homes and businesses up to ten percent of their TAXABLE income for 2013.
New business startups pay NO taxes or fees for the first three years. NONE
There have been some great ideas that show with just a fraction of the $15 TRILLION the banks were allowed to benefit from taxpayer money, homeowners and our economy could have been saved and still can be. Instead, they try to be tough and bully the little guy, veterans and grandma and grandpa and want to moralize about austerity and only letting “responsible” homeowners benefit.
What you propose would be real capitalism at work but the average American is being hoodwinked into allowing socialism for the elites as we get robbed blind.
I would just add you have to go back to Reagan and the Bush/Clinton dynasties of the past 35 years that we can’t allow to keep going. Things went on steroids with the Iraq War and Foreclosure Phil Gramm and his wife sneaking in the casino of derivatives etc. I read somewhere that Wall St profited over $40 TRILLION. Don’t know if that’s right but if loans are being fabricated or re-sold over and over again it just may be true. I’m very split on the President. If it weren’t for him we wouldn’t have had the robosigning scandal come out like it did. I actually wrote the White House web site and actually got a response some movement.
It’s either there’s too much money in the system or he probably needs to hear more from us and the American people need to get their heads out of the sand. I thought there was hope he could break the Clinton/Bush mold. Maybe after the health care focus and if these war crises settle down he can get turned around.
warren buf fet is cashing in on the real estate deals now. bershire Hathaway has gone into the real estate business. he is nothing but a opportunist cashing in on other peoples losses. watch the market now. the new trend is bundling up rental securities and selling them. this crap will never stop, the rich get richer cashing in on the losses of people believing in the American drempt!!! that old fart should be ashamed
the modification I received was definitely fraudulent. I have been under duress ever since . I thought we had a mutual agreement back in 2010. this is what the class action is about. if I don’t get justice with that, I have plan b ready to go. I am not going down with a foreclosure on my record. Where can we read about that bill introduced tom, . that would not allow the servicers to foreclose right?? even though they are one in the same. they need to expose “fannie mae and Freddie mac”
2,287 days after my last payment supposedly came due, I am told verbally I should receive the actual paperwork and terms tomorrow, Saturday. FUNNY HOW THIS COMES TWO DAYS AFTER I PUT UP A NEW WEBSITE… http://www.closewellsfargo.com
lms53, I am VERY aware of the tricks these institutions (ALL of them because they are in reality one and the same entity, whom I refer to as the International Banking Cartel ( I also coined the term “Redlining” back in 1968 ), and THANK YOU FOR REMINDING ALL OF US THIS PARTICULAR ONE. The Banksters use every device they can think of to get you to re-confirm and re-admit the debt AND the balance and collect interest upon interest.
Fortunately, I have been taught by some of the best – THE BANKSTERS LAWYERS – on how to recognize and use the law.
They use these ‘trial’ modifications to keep you IN foreclosure, COLLECT MORE MONEY FROM YOU WHILE KEEPING YOU IN FORECLOSURE, and for you to CREATE NEW DEBT !!! Did it with the help of their lackeys in government.
Unfortunately for them, a contract where parties do not have bargaining power is called a contract of adhesion…its unenforceable, check with your attorney. ALSO this type of mod is done UNDER DURESS. Unenforceable. What you WANT is a permanent novation of your mortgage.
I’m keeping them IN litigation, in fact I have dramatically expanded it. Yesterday I discovered that HSBC as Trustee can NOT FORECLOSE ON ANYTHING…they don’t exist. HSBC sold off their Trustee activities a long time ago to Alliance Bank. All these foreclosures should be set aside.
I want all of you to work with me to get things done. Thanks to a consumer-friendly state senator ( one of VERY few in Florida ), SB126 has been introduced, and may even become effective on July 1, 2014 if everything goes right.
The “Florida Mortgage Collection Fairness Act” will SPECIFICALLY prohibit a mortgage collection firm from offering false evidence in a residential mortgage foreclosure proceeding and provide that a violation is a Deceptive and Unfair Trade Practice, providing penalties and remedies including attorney fees and costs, etc.
It was introduced on 3/4/2014 and is in the Florida Senate Judiciary Committee.
Everyone needs to CALL AND WRITE every Committee member, and EVERY Fla Senator and State House member of Fla and demand they pass this bill and do it as an emergency measure – it will prevent false things from being introduced on PENDING cases as well.
Great info Tom! It seems the lesson is you can negotiate for a mod while reserving your rights. Goes back to making sure you understand what you’re signing off on and don’t ignore your titles issues etc. People that don’t have a homeowner bill of rights should be bombarding their reps no matter what party.
thats good about a modification for you tom, I hope it is a fair resolution, unlike mine. they like to add on the end and defer the back end amount and when you sign the modification, the deferred amount term changes to principal so beware. I had a small victory in court this morning. Ill take it! also hammertime, watch those computer keys because I noticed on the court order this morning that they do have my email address as contact information so if any of the attnys have your email who know if we are being monitored. everytime I am here, I have problems with my keys.
Good to hear. It seems things get screwy when I’m on Windows although yesterday didn’t seem to be the usual drag. Maybe I’ll send the webmaster on here a note. To track specific individuals has to be a violation of our rights.
This world can be made a lot better if EVERY instance of wrongdoing is documented and brought before people who can right it, and do it quickly. Courts should be places you can just walk in and say “I have a problem” and they say “Let’s see what we can do about it, and cell the other party.” That’s what mothers do when their child has a problem as a toddler…but NOOOOO as adults we have to create a WHOLE INDUSTRY, called the “JUSTICE” system that enriches the CONTROLLERS of the” Justice” system we call “lawyers” HAVOC FOR EVERYONE, and RICHES for THEM and their friends they act to launder money to – and that’s exactly what The Supremes have done…..make it even MORE OK to launder even MORE money. YIKES
I am in the process of putting together a Case Discussion Network, where we can all do phone and/or video conference calls on a ongoing basis and educate and arm ourselves and others.
I’ll give you the website over the weekend.
Regarding MY case, the wrongdoing just gets WORSE and WORSE…I had a hearing set for Monday the 7th, and it’s JUST DISAPPEARED..gone, zilch, nada. Trial still shows set for April 23rd -, however I was JUST notified that Wells Fargo has just approved my modification, so maybe the foreclosure case against me will soon be over and I can just continue suing everyone !
As for this wicked ruling by the US Supreme Court , we citizens can band together and defeat it
and save our republic by NOT VOTING for any politician, judge or whatever that raised more than one thousand dollars.
Exactly, Marilyn. Voting with your checkbook is the free market way of effecting changes in our society. I heard there was a grassroots group working on starting a non-profit media center that will provide equal access for all politicians to promote their candidacy and for all citizens to provide feedback and interact with these candidates. Then we could collectively decide to elect only those who were willing to participate in that public forum. We have the power, just need to organize. Glad to see your post.
When you talk to law enforcement, give them a usb stick with all the docs, in addition to printed copies….yes you will get an Oh, Shit look. These things do have a life of some sort, and they will work their way to a prosecutor. The world is just becoming familiar with the term wrongful foreclosure. Let’s put them all in jail!
I see where you posted a Justia review, Justic does not maintain complete truth and honesty in their analysis I see what they did with my case. No where do they mention that all this fraudulently transfering was done with void ab initio judgments/
Tom
Thanks.
. This leg of my fight has been since 2008 when Judge Alice Schlesinger sided with the corrupt debt collectors Mullooly Jeffrey Rooney and Flynn and with the corrupt NY court referee Penny Stark that pulled off the original fraudclosure in 1997 by hiding my four mortgage checks and lyingly said I defaulted.
The bank Astoria Federal S & L/Fidelity NY FSB somewhere between 1997 and 2008 replaced corrupt MJRF with a lawyer Mr Arthur Walsh of O’Reilly, Marsh & Corteselli who looking
at how my two condos were fraudulently auctioned off with void ab initio judgments dated June 30 1997 to a team of organized thieves, straw buyers and Fidelity national title insuring one of the titles.
stated in front of judge Schlessinger Its indemnify indemnify indemnify
have court tomorrow and banks attnys are trying to dismiss with prejudice the defenses and counter claims my ex-attnys filed yes I did say ex attnys who milked me for a few thousand claiming that would defend foreclosure and modify me. tom, you may have heard about mores DuPont, sheisters, I got a modification thru NACA and they tried to claim credit for it so they could get another 3k out of me. wow! needless to say I would die before paying them. they did not even show up for court and have given away some of my defenses. there are mills that represent the defendants too and stay clear of these because they will suck you dry if you let them. wish me luck tomorrow, if it goes awry I have an attny on stand by. the banks attnys are still pursuing foreclosure after they have been informed that I am part of the class action chasemdlsettlement. they obviously do not care. I am winging it and fully intend to let the judge know about the class action. I have spoke to the plaintiffs attny who are representing us that were wronged with their bogus loan modifications and was told that the bank cannot even pursue foreclosure until after this settlement is finaled in May. the settlement says that we should be offered modifications and cure any delinquencies. Yet, the banks attnys have ignored this and are still pursuing foreclosure. I will be considered verbally armed and dangerous tomorrow as I refuse to let these attorneys weasel their way thru foreclosure and discredit my defenses. Wish me luck!
Even though CA and non judicial good review if you don’t have it.
“We analyzed the subject loans to determine the mortgage industry’s compliance with applicable laws. Specifically, we focused our analysis on important topics relating to six Subject Areas:
Interesting case I’ve reviewed before with great citations. Looks like they survived the dismissal stage but lost the summary judgment. May seem obvious but comes down to your argument and the PROOF. That’s why you gotta do your homework even with lawyer, audits etc.
From first round victory to not be dismissed
p 6
Similarly, in Javaheri v. JPMorgan Chase Bank, N.A., CV10-08185 ODW FFMX, 2011 WL 2173786, at *5-6 (C.D. Cal. June 2, 2011), the court denied Defendant JPMorgan’s motion to dismiss a very similar wrongful foreclosure claim to the one at issue here when the plaintiff alleged that Washington Mutual, plaintiff’s original lender, had “transferred Plaintiff’s Note to Washington Mutual Mortgage Securities Corporation” prior to its closure by the U.S. Office of Thrift Supervision and JPMorgan’s subsequent acquisition of its assets.ld. at *5. The court took note of the fact that the plaintiff had produced specific “facts regarding the transfer of Plaintiff’s Note” suggesting that Washington Mutual had indeed alienated its beneficial interest to plaintiff’s deed of trust prior to JPMorgan’s later acquisition of Washington Mutual’s assets. Id. “Coupled with Plaintiff’s allegation that JPMorgan never properly recorded its claim of ownership in the Subject Property,” the court ruled that the “above mentioned facts regarding the transfer of Plaintiff’s Note prior to JPMorgan’s acquisition of [Washington Mutual]’s assets raise Plaintiff’s right to relief above a speculative level,” and held that plaintiff’s allegation “that JPMorgan did not own his Note and therefore did not have the right to foreclose” was sufficient to withstand JPMorgan’s motion to dismiss.ld. at *5-6.
Here’s an extra weapon for your arsenal’s. I think what is occurring with me is the case with everybody. First the background…
… The “PLAINTIFF” in my case is alleged to be Deutsche Bank National Trust Company. I did a little research and tried to find this “Trust Company” and could not. I even went as far as to speak with the “legitimate” Deutsche Bank to find out if there were any connections between the two and there were not.
Here in Florida pro se litigants have the right to speak directly with their accuser and bypass their accuser’s attorney’s. Therefore I called the lie-firm that is alleging to have been delegated authority to represent the alleged interest of DBNTC in my case and I spoke with their liar and asked her for the contact information to the registered-agent of their alleged client. The liar freaked-out. She began to stutter and in the end belligerently refused to provide the contact info to their alleged client.
My wife and myself wrote affidavits witnessing what we experienced in this call with our alleged accuser’s representing counsel and via-email we contacted the “Secretary Of States” of Texas, California, New York, and Florida and asked them if there was a DBNTC registered somewhere in their State that we couldn’t locate to which all of them replied, “no.”
So then I made copy’s of these e-mails with the Sec. of States saying there’s no DBNTC registered in their State and I filed those e-mails along with my wife’s and I’s affidavit’s and a “MOTION TO PRODUCE.” Produce the contact info to opposing counsel’s alleged client.
I put on the record that the “PLAINTIFF” in my Instant Case is a construct of the lie-firm in a scheme or artifice to defraud. ————————–
So that was that. In a crazy over an hour war in the court room, this motion of mine was struck. But regardless, “the evidence controls the case,” and the evidence in my case shows that the Plaintiff does not exist. There is absolutely nothing filed in my case by opposing counsel rebutting this claim of mine.
So I am currently in the appellate court over this ruling. I’ll let you know how it turns out but my point of all this is that I am willing to bet that the PLAINTIFF in all these fraudclosure cases is not who is styled in the caption. All these banks and trust-company’s are required by law to have a registered-agent. Get the contact info for your PLAINTIFF’s registered-agent. If you can’t, then your PLAINTIFF is not your PLAINTIFF and there is fraud upon the court brought upon by the opposing counsel. No PLAINTIFF no case.
yes hammertime we have to keep our faith and moral compass, because whatever situation we find out selves in, the outcome will only strengthen us, but that doesn’t mean we have to give up our fight for what is right and we know that truth will win, we just don’t know when.
Tom
Where are they looking at the dirty judges If in New York I suggest David B Saxe of the 1st appellate division and go back to judge Alice Schlesinger illegal ruling for a Void Ab initio judgment. prohibited by the Supremacy clause of our US Constitution.
Please provide any and all information you have to:
Your local law enforcement agency;
Your County Attorney (although that’s supposed to be done by your local LEA but isnt always):
Your State AG;
DOJ;
Federal Reserve;
OCC;
FDIC;
CFPB;
Interpol;
and GO to your local FBI office and meet with them and hand deliver what you have to them.
THEN
your local newsapapers.
your local radio stations.
Call in to talk shows.
But MOST importantly, arrange a face to face with
your State representatives
your U.S. Congressperson
both of your U.S. Senators
don’t expect to actually MEET with them, but get as high a ranking staff member as you can in Constituent Services.. Take them what you have but before write a confirming letter and put all your information in it as well. ASK FOR THEM TO INITIATE AN INVESTIGATION and to REPORT BACK TO YOU N A REGULAR BASIS.
Now you might ask..whats the point.
The point is if you DON’T do these things, you’re not a good Citizen. AND you’re helping to perpetuate the problem and allow it to go on and likely get WORSE.
On a practical basis, you’ve done all you can do to the wrongdoers and they have no reason to come after you – knowing what will happen to them if they do.
Realistically, don’t exepct anything…right away.
Here’s what you’ve done. PUT IT IN THE SYSTEM. Eyes will be directed in the right places by SOMEONE ( or more ).
Don’t think you’ll be welcomed. You won’t. No one wanst to have more work piled on them, even if they are bhonest. But some of these might be DIS-honest. You’ll be on every list you can possibly get put on. That’s not bad ! ALL THE INFORMATION YOU HAVE PROVIDED GOES INTO A NUMBER OF DATABASES. You have no idea what they ALREADY have. But the FIRST thing that will happen is the person and entities you give the information will find out immediately. I believe the response you can expect internally quietly will be “OH SHIT”. There may be just a hint of sweat.
These evildoers as George W put it, were planning on getting away with it until someone told them they couldn’t. Happened with Madoff. Happened with Rothstein. Happened with many others who thought they would never get found out, or if they did they could live with being incarcertated in a comfy fed prison/resort, and wealthy beyond their dreams when they get out. That will probably happen. If you want to get sick to your stomach, look up all those who have been convicted before, how little time they spent, and how comfy they are NOW.
What you want is to change the system to the good. Life is change and evolution…look at the HUGE changes in our financial system just since 1850 !! Just since 1928. Just since 1960.
Just sine 2007.
Then think of Alan Greespan and his beauty young wife and rose petals…and his famous last words….“IT WILL HAPPEN AGAIN”
That’s because it’s all planned.
You can’t do anything, but just a small bunch of us can divert the otherwise inevitable.
The truth is, everything is out of control…things being “OK” is really only an illusion. Look at what a few seconds in Dallas did to change the course of history. A few hours did on 9/11.
There are nukes pointed at us in North Korea, and soon from South America ( I hope you know Russia is busy building military bases in a half dozen South America countries .)
And nukes from China and Russia, too.
Be prepared to use something OTHER than the dollar if we implode all the way…thatsb why Obama build aso many HUGE incarceration/”relocation” camps. That’s why so many bullets are in the hands of “Homeland Security” (OUR SECRET TAKE OVER POLICE).
I’m AN OPTIMIST AND I ENJOY EVERYTHING..especially CHALLENGES.
But mostly, value those who share your ideals and goals..because someday we WILL inherit the world…from the bankers who own it now. There are good people in all the above I have listed, you better believe it, but there are plants, too.
hammertime, servicer is another facade. the idea is to shift the liability. Its like the game “twister”. that way they do not know where to pin the liability. they knew very well how to manipulate the system so that no one particular entity could be blamed. besides if one of a banks service is to be a lender, why wouldn’t they be set up to service it as well. How can the same bank be a lender and not service what they lend. Apparently these banks never did their due diligence as a lender because they knew they were going to sell them as quickly as possible. it was a big con as we all are aware. I don’t see how they can be a servicer and a lender in the same entity period. Believe me, don’t try to make sense of any of it, because it is all bullshit and they got away with it and continue to do so. we are slaves to these satanic lenders/servicers and until we get free, however and whatever that takes we are going to be continuously tortured by them
You said a mouthful! Funny you mention satanic and I was taken to the League of Angels link. Some temptation there! Actually my faith has saved me from being tortured. It took a while and not merely as Christian/Catholic but Garfield talks about the loss of our moral compass as a nation on this issue. There have been some really good sites I’ve come across that have a spiritual side to them. In the Bible Ephesians 6 and Psalms 37 and 119 have been inspirational. We can figure it out if we have conviction and believe in our core values individually and as a nation. With faith anything’s possible no matter our individual outcome. We can’t judge each other but we can try to do our best to bring out the truth and justice. I see it more as the emperor’s wear no clothes and it’s the evil of the few that has everyone with their heads in the sand. With faith and doing the right thing it can turn around and believe it has to some extent even if at times it’s like torture. Keep the faith!
guys, the best defense is to pay. as we all know, if you don’t pay you don’t stay and that is what the courts hate more than anything is a non payer. we all know the paper work is bogus and the banks lawyers are liars, but these low level judges hands are tied. As someone on this website told me, the day that we defaulted and believed that the govt plan would help us out was our mistake and now we have to deal with it and the banks are trying to clean up their mess however they can. the Obama program was bogus from the start, but so many people got screwed that at some point, it should be made right. we here on this website don’t know each other s situation, but when you try and try to do the right thing and nobody cares and they just stick it to you harder and harder, believe me I understand what we all are feeling and going through and every one here is working so diligently to make it right. I just hope that we are all wanting the same outcome and that is to pay a fair/reasonable amount and live our lives out in our homes that we are all fighting so desperately for. get yourselves a crooked lawyer as the banks have . these guys/gals enjoy a good fight and as tom says keep a close eye on them and don’t give up your rights and pray the outcome will be in your favor. thieves never win and as the saying goes, every dog gets their day and believe me they will. I truly believe it and you should too. this website is a good vent and knowledge, but really where do we go from here. it is every man/woman for them self and their situation and a never ending court battle needs to end with some type of negotiation with the court so we all can get on with our lives. I don’t know what everyone else is expecting here, but I just want them to let me stay in my home and pay them a manageable payment like the one they gave me with the modification they reneged on back in 2010 and I am counting on the chasemdlsettlement.com to make that happen..
It has been 2222 days since my last payment was due which I paid. On instructions from Wells Fargo I stopped paying until they provided me the paperwork to continue my payments under a fixed rather than adjustable rate – which they still haven’t except for ONCE when they gave me ONE AND A HALF DAYS TO ACCEPT new terms that included a huge bunch of additional fees their attorney (big corporate guy, too) admitted they had NO idea where they came up with those inflated numbers, WHICH I OF COURSE DID not AGREE TO ( sort of like a mugger asking for a specific amount of money from you rather than for ALL your money, so they have the defense that there was a verbal agreement of the EXACT amount of the gift you made to them and it was a voluntary “transfer” – [assuming the mugger has the same attorneys as Wells Fargo])
Which brings us to my original lender, whom I have accord with and who seeks no further monies from me in return for my not suing them, which leaves us with WELLS holding me in foreclosure wrongfully for SIX YEARS tomorrow.
I don’t know whether to put SIX candles on my cake, 2,222 or 2,228.. what do you think..
Now, Wells has broken a number of collection laws (no surprise THERE !)… at $200 a day for 2,222 days of holding me wrongfully in foreclosure, that’s $444,400 I claim they owe ME !!! Not bad considering my loan balance was about $85,000 before all this began. That’s 2,222 days from when my loan was supposed to have a zero balance.
I AM ACCEPTING APPLICATIONS FOR JURY MEMBERS … anyone care to apply ?
I. FORECLOSURE AND BANKRUPTCY INFORMATION AND DOCUMENTATION.
Unless otherwise specified, these provisions shall apply to bankruptcy and
foreclosures in all jurisdictions regardless of whether the jurisdiction has a
judicial, non-judicial or quasi-judicial process for foreclosures and regardless of
whether a statement is submitted during the foreclosure or bankruptcy process in
the form of an affidavit, sworn statement or declarations under penalty of perjury
(to the extent stated to be based on personal knowledge) (“Declaration”).
A. Standards for Documents Used in Foreclosure and Bankruptcy
Proceedings.
P 100
C. Documentation of Note, Holder Status and Chain of Assignment.
1. Servicer shall implement processes to ensure that Servicer or the
foreclosing entity has a documented enforceable interest in the
promissory note and mortgage (or deed of trust) under applicable
state law, or is otherwise a proper party to the foreclosure action.
Hammertime, are we being monitored? it is so weird when you start to type and the letters are not there. I thought at first my keyboard needed a battery. also, re: the comment you made to tricia. my lawsuit is reading Jp morgan chase as the plaintiff which leads me to believe further that they are the note holder as well as servicer. met with an attorney today and showed them the class action. lawyer says we have a good chance that they will be forced to cure any/all delinquencies for giving us fraudulent modifications. Said there were big incentives for them to modify so they apparently did it long enough to get the incentive and then reneg.
Anything’s possible just like what we need to do on each of our cases we would need to go through a real troubleshooting. I get the feeling it could be the ads on the site combined with your own system and internet connection. I don’t have characters disappearing but I’ve lost posts esp if system was slow as with anti virus updating. Then again it could be the NSA! lol! I would look at how the whole note holder/servicer role applies in FL. But really look at when JPM came into the picture as JPM vs Chase Bank, or Chase Home Finance etc. So Holder of the Note can mean a couple of different things as can servicer so that needs to be nailed down as well as how the claims changed specific to your loan. Down to the basics don’t quote me is you can be a holder as an agent or as the beneficiary which I think is the key. That’s where things can unravel IMO. In my case similar to yours they said the investor would not allow the loan to be changed then they claimed they were the investor although they were the original lender as well? They will always say it’s allowed but why would you buy such a bad loan from yourself and still not change it? And if you call yourself an investor doesn’t that mean you must have paid something? I think those are the basic type questions that can be asked when people talk about following the money. But again no big theories and no big attacks. Again not advice just “thinking out loud”.
The laws are being violated and it just DOESN’T MATTER!!!! Please do yourself a favor and stop paying Attorney’s…you’re just paying their mortgage! The Courts are turning a “BLIND EYE” and are actually facilitate the banks!! Truth, research and laws are a thing of the past…sue the bank yourself!
Just got news the judge denied my motion set aside the default the judge ruled that the consent order striking the answer was valid and there was no legal basis to set it aside .Make along story short i paid a lawyer 3000 dollars down 1000 a month to to fight the foreclosure he called my wife told her that they would not foreclose for 6 month i was working out of town he never explained to her that he was signing a consent order basically letting them default on us i fired him because i did not like him and figured i could hire another lawyer and get more informed about foreclosure and the next 6 months would give me time to get my ducks in row to fight them we did not know that he gave up our right to have our day in court , I got letter of default i disputed it sent them a letter they told me my letter was untimely and by consent order the time for discovery had ended i did not know what that mean ti sent them some more letters did not respond then i got a letter for motion of entry for final judgement had 10 days to respond hired another lawyer short notice we filed answer and this is the news i got today .I Want to fight i know they don’t own my loan legal argument my loan was recorded in 2005 by fremont in 2008 they went bankrupt CMS sent me letters saying they were my new service . Count one of fraud never recorded any assignments at the county clerks office there no nexus from fremont to cms if someone has an interest in a piece of property they MUST recorded this interest on public record the law is very specific to real property 2 How could a company that went bankrupt in 2008 give mer authority to assign anything only the BK trustee could due that my trust closed in 2005 how could mers assign mortgage from a trust that closed years ago the promissory note must be reflected at the county records office and not with mers the bank must show perfection of the chain of title must be by endorsement with out recourse that was not done the assignment to foreclose on me was robo signed by tom croft they dated 2015 really in nj you have to have a affiliated signed saying the lawyer who is performing the foreclosure has talked to somone from your morgage company and they have review all the documents and that has to be signed by notary in order to foreclose that was forged she rubber stamped her name why would you go to notary and stamp your name i talked to notary in California she told me that is illegal you have to sign your name so know i have to appeal and try to get a new trial because of my lack of intelligence i did not understand was being done my due right were violated everyone should have there day in court i am so mad there no assignment to CMS the trust never named anyone that’s is names in the lawsuit before it closed they forged the assignment and recorded years after the originator went out business they have no standing have brought no paper to show they have standing to bring this foreclosure none only forged robo signed assignment how about rule 17 an action has to be taken in the real party of interest all i know now is that i am going to see that first lawyer tomorrow and theirs going to be problem he screwed me no Vaseline
You understand that if your lawyer enters an agreement to permit the foreclosure but to wait six months to give you time to move, that’s pretty much a done deal, case over, don’t you agree ? Theres nothing to appeal, is there ? You might have a lawsuit against the attorney, but what are your lossess..he got you six months worth of free rent, you didn’t lose anything.
You need ANOTHER attorney…Q U I C K
Courts give us waaaaaaaaaaaaaaaayyyy too little time for everything.
If the plaintiff was the wrong party, why didn’t you plead that and do discovery to prove who the REAL party in interest was and negotiate with THEM and get the foreclosure dismissed
Everyone should be aware WE ARE NOT GIVEN ENOUGH TIME, and WE NEED TO PUT EVERYTHING ON THE RECORD IN WRITING WITH THE COURT and we MUST do aggressive and thorough discovery..
Appeals court are limited to what paperwork is IN THE TRIAL COURTS file, and can only act if there was a clear error that the WRONG RESULT (judgment) WAS ENTERED and then get the case reopened and sent back for more trial work in most cases.
ASK ATTORNEYS QUESTIONS AND STAY IN CLOSE CONTACT WITH THEM !!!!!!!
Know what your options and plan of action is, every step of the way.. Don’t expect attorneys to stay on top of your case…many,many,many don’t..unless you MAKE THEM. Have a great and close working relationship with them – GOOD attorneys will appreciate that ….and BAD attorneys will let you know you’re bothering theM and will avoid you.
Yes Virginia, there ARE bad attorneys…and BAD JUDGES. They are EASY to stop..they do not follow the law AND LIMIT WHAT YOU CAN DO…. AND RULE AGAINST YOU
JOHN SORRENTINO
April 2, 2014 at 7:42 AM
tom this is what i 481 nj super 323 (CH DIV 2010) TRUST v MICHAEL RAFTOGIANIS plaintiffs fraudulent ASSIGNMENT of mortgage filed in the state of NEWJERSEY must fully comply with rule 461-1 (B) (10) and recital of all assignments in the chain of title the complaint in this case mention one assignment in the chain of title the assignment from cms to cms. The psa date 2005 oct 31 sec form 10-K the form clearly indentifies STANWICH ASSET COMPANY LLC as the indenture trustee public offering UNDER THE PSA STANWICH is not mentioned in the complaint under the chain of title nor is ant information about the psa available to the defendant under mers as nominee dose not have any real interest in the debt PLANTIFFS failure to comply with R 461-1 (B)(10) IS NOT a minor procedural error its absoute condition precedent to filing of complaint attempt to fill in CHAIN OF TITLEin this case is voidab initio STANWICH ACCERTANCE COMPANY absolutely held the defendants mortgage PLAINTIFFS complaint is silent to any transfer in the chain of title pressler verniero current nj rule comment I ON R -1in the case bank of AMERICA vs LIMATO A-4880-10T3 APPELLATE DIVISION UPHELD THE DISMISSAL OF FORECLOSE COMPLAINT WITH OUT PREJUDICE WERE THE CHAIN OF TITLE WAS SUSPECT RELYING CASE LAW RAFTOGIANIS PLANTIFF HAS NOT ESTABLISHED ANY EQUITABLE RELIEF FROM THE COURT
I suggest you get a half hour consultation with three different Appellate attorneys with a track record of winning appeals in title and mortgages if not foreclosures and see what you might accomplish with their help, and let us know…we are sitting on pins and needles, and they are starting to hurt !!!
Have you had the Consumer Financial Protection Bureau do a formal investigation, I understand they are investigating some dirty judges, too.
hi cool, please see http://www.chasemdlsettlement.com next month it will be final exposes all their fraud, but of course they never admit to any wrongdoing but they are supposed to give homeowners a chance at modification and cure delinquencies. good luck.
hammertime, both fannie and chase are claiming ownership, definitely something is not right. chase has jerked me around so long on a modification that they probably do not want to admit to owning the loan because they always tried to say the investor needed to review the modification after I sent in paperwork so many times I lost count and they would claim the investor had to review. It was all bullsh**. I knew it. Chase has always been the owner and there is no proof otherwise and now that I am part of this class action against chase, there is more evidence of how they screwed their customers out of modifications, pure fraud. my strategy is not all of their fraudulent paperwork, but I have always tried to pay them and still trying and all they do is ignore me. they know they are wrong and with this class action still pending are going to continue to give me the silent treatment until they see the outcome and that’s when I will attack them.
Please send info about Chase class action. Chase faxed me proof that they sold my mortgage into an MBS. Fannie just foreclosed. My mortgage docs include a robo-signed assignment that was notarized b one of the F/C mill attorneys who’s notary stamp has been revoked. I go to Magistrate Court (GA) Thursday to “mediate” followed by a bench trial – and my case is ALSO on the docket in GA Appeals court in June. Thanks in advance!
That’s a good strategy we can all incorporate through settlements, homeowner bill of rights type of tools. Keep your eye on the ball and don’t let them try what they did to Sorrentino up there. Don’t give up any rights and I’ve been against modifications in general unless you know you have clean title. Good article on Garfield today talks about what you need to consider if you do mod. Has to work financially and you need to record the settlement to ensure clean title. Quiet title is something we should all be looking at as well without falling into the free and clear trap. We can make our own offer once/if they show up to prove standing to pay what we rightfully owe to the party that can rightfully claim the debt on fair terms and considering damages from their delays and games if not outright fraud from what I’m seeing. Hopefully I can review the documents from your class action.
Be part of the solution to all this…we all need to work together personally and co-ordinate our efforts…..there is strength in numbers, weakness in going it alone, especially being less than a fully skilled, connected, and experienced trial attorney, as you have all found out.
When original lenders, buyers of loans, servicers, MERS, attorneys, Trusts, Trustees, investors, holders, judges, and government agencies, legislators, their staff and others do wrong… IT NEEDS TO BE PROPERLY DOCUMENTED and PRESENTED TO THE RIGHT PEOPLE in THE RIGHT WAY.
You are getting blown off because they know you won’t know what to do about it. The truth is you have a CONSTITUTIONAL RIGHT TO REDRESS OF GRIEVANCES. Manifest injustices are not allowed in this country, so DON’T ALLOW THEM !
THAT INCLUDES HAVING YOUR LEGISLATORS INTRODUCE AND PASS NECESSARY LEGISLATION.
Each elected official has the duty to have a Constituent Services operation…you should each be working with your legislators and keeping THEM abreast of EVERYTHING…they have more contacts and power than you do.. ASK FOR THEIR HELP. If ENOUGH of us are in contact, AND we utilize the media and build grass roots, things WILL begin to change.
and please feel free to call or email ME… Tom Heinrich 954 781-9300 reachth@yahoo.com
tom, when I first started getting jerked around by chase, I contacted several of our local CONSTITUENTS, aLLAN WEST AND WHOEVER OUR DISTRICT ONE WAS AT THE TIME AND All I got were meaningless letters. allan west was the most informative and I am not bragging with him either. Bondi needs to step up. this website is being monitored because my typing is so delayed and I get so frustrated that I have to quit. I am getting a new lawyer because this is so time consuming and I have to work and hopefully I have found aN ATTORNEY THATT WILL NOT TAKE ME FOR A RIDE.
THIS WEBSITE IS BUGGED, NO SHIT ITS THE ONLY WEBSITE THAT MY TYPING GETS DELAYED AND SCREWED UP. I HAVE TO TYPE LETTERS OVER SEVERAL TIMES BEFORE THEY EVEN SHOW UP IN MY MESSAGE. IF YOU ARE COMMENTING ON THIS BLOG, CHANCES ARE YOU ARE BEING MONITORED AND IN MY CASE IT IS CHASES LAWYERS, THUGS LIKE THE BANKSTERS
..everyone should do extensive discovery and complie extensive documentation….discussing your situation will not convince a JUDGE that you are right !!/….
there is no mers anywhere on the mortgage and I had 2attnys tell me it was JPMorgan the original lender. would they not had to record an assignment if it was sold/xferred to fannie mae and if not a Mers thanks
@lms53 – the language is most probably on the promissory note; not so much on the mortgage. Assignments are only required (Florida) when there is a change of OWNERSHIP of the note and mortgage. It is NOT required when servicing is sold/transferred. Again, Fannie Mae is NOT a lender nor are they a servicer. They are simply an investor- GSE’s (government sponsored enterprise). That’s the reason why the gov’t had to take over; bad investments on shoddy mortgage programs. Did you check to verify if your loan was listed as owned by Fannie Mae on their website? Lenders will underwrite or approve mortgages according to Fannie Mae guidelines so that they are able to sell and keep turning the same funds over and over again. Chase has been known to record assignments well after the fact and especially if a foreclosure is looming overhead. Recording assignments can be costly when you’re bundling packages of mortgage loans and the reason for implementing MERS. I have always said that MERS is illegal in what it is doing b/c on a lot of notes it stipulates that MERS is the ‘lender’ and that can never be! Lenders don’t record anything with MERS. It is just a ‘holding tank’ for loans that were sold on the secondary market and a record-keeping data base of those sales. That’s the reason why so many of the recorder’s offices are suing them for fees!
Mark
March 31, 2014 at 2:40 PM
It would be nice to see someone recover some of these recording fees but I’m predicting out of court settlements for peanuts and no real idea of how many assignments were not properly recorded and paid.
I would check MERS anyway. My loan had MERS records active for 2 years after closing! And it was NOT a MERS loan! You seem to have been at this a while as well. I would disagree w/ Bobbi if she is only emphasizing bad investments – it was out and out fraud or negligence of MERS and the banks. You should have done a review of your docs and matched up the assignments and even payment history to see where the discrepancies are. Since Chase was part of the mortgage settlements it seems you have grounds for showing whether they were valid lender/servicer. But again they can “fix” any document problems but can’t fix fraud if they claim to have invested anything etc. or there may be a cloud on title where more than one lender/investor can make a claim.
thanks used car guy I did not have Mers though, that’s why I ask, when I refied with chase, they never made an assignment which leads me to believe that chase has always held my note and also serviced it, but they say fannie mae owns my property, some more bs from the bank I suspect
@ lms53 – Chase may have sold your mortgage to Fannie Mae (underwritten your mortgage under their guidelines) but Fannie Mae is NOT a lender, They are only an investor vehicle. They would have paid Chase the amount of your mortgage and Chase retains the servicing. That is not unusual. Your mortgage would have become a Fannie Mae backed loan i.e. if you default they have no skin in the game; no reason to help you; no reason to care if you are thrown out of your home. If a foreclosure is successful, then Fannie Mae actually then takes title & markets the home for sale. They have their own website and their own mortgage program (Fannie Mae Homepath) to re-sell these very properties. Look at the bottom right-hand corner of your note and/or mortgage. It will specify Fannie Mae document and more than likely the name MERS is somewhere within the first page of either or both documents. Don’t be fooled. MERS is involved in 60% of the total mortgages in the U.S.And if you are in the state of Florida, assignments ARE required when there is a transfer of the note and mortgage. Go to both the Fannie Mae lookup site and the MERS look up site as well and check to see if your mortgage is there.
After Chase supposedly bought WAMU loans, they neglected to file an assignment of mortgage for 4 years. It was only after we were behind on the mortgage that they actually filed one.
hammertime
April 1, 2014 at 12:33 AM
That’s a good way to put it, “supposedly”. Was yours actually a WaMu originated loan or serviced by WaMu? If you had any other payoffs anything is possible and Chase may be claiming anything WaMu as part of the ’08 “purchase”. So the assignment shouldn’t be the only focus as everyone seems to be doing.
Tricia
April 1, 2014 at 1:35 PM
hammertime, yes we know for a fact it was a WAMU originated loan. We walked into a WAMU here and took a loan out. As for what WAMU did with that loan after we have no idea. Everything I have read seems to indicate that Chase only received the servicing rights to the loans and not that they actually purchased them.
hammertime
April 1, 2014 at 7:02 PM
Tricia, I would take a good look at your Note etc and see how WaMu is identified. Here’s a description of Chase Bank USA: “Chase Bank USA, N.A. (Chase USA or the Bank) is an $87 billion intrastate bank with $9.8 billion in net Tier 1 capital. The Bank is headquartered in Newark, DE. The Bank DOES NOT operate ANY branch locations accessible to the public. The main banking facility is only available to Bank employees. The Bank also operates a branch in the CAYMAN ISLANDS. The Bank is a wholly owned indirect subsidiary of JPMorgan Chase and Company (JPMCC)” (caps added)
Doesn’t sound like the “Chase” we all see on the TV! With the mess of MERS and lost documents etc really take a second look and review dates etc. Quote comes from an OCC report. I’ve had to insist on finding out what exactly is “Chase” and we see the same thing w/ Bank of America as BAC, and other shell names all claiming to be BofA. The woman in charge of WaMu “sale” at OCC was booted out and is now in a cozy Wall St firm, I recall. Late 2008 seems to be a key period. You’ll have to see if all these fines, settlements gave them an out on that assignment or possibly review if a different investor/trust is involved. If there’s no clean link from WaMu to Chase then I don’t think the assignment is your main issue, again not legal advice just from what I’ve been reading out there. What state are you in?
Tricia
April 1, 2014 at 7:57 PM
Hammertime, we are in Washington State. There are actually a couple of lawsuits here which are challenging the Deed of Trust Act, they are saying it might be unconstitutional, because no due process is given. Non-judicial foreclosure states seem to be a different animal.
hammertime
April 1, 2014 at 8:12 PM
Yes, they are. Same in CA where I’m at. The Homeowner Bill of Rights was put in to fill the gaps. Also the Consumer Financial Protection Bureau along with National Mortgage Settlement Chase signed can help fill in the gaps. The propaganda is that they’ve paid and it’s a done deal but complaints can still be made. That’s still a focus on the right to foreclose and you may want to step back and see where the fraud may be. That’s another beast we’re starting to touch on where we can make complaints on the civil? and/or criminal side which the national settlement didn’t do away with. I’m surprised there isn’t a HBOR in place there, pretty sure OR may have taken strong action about a year ago.
hammertime
April 1, 2014 at 8:18 PM
@ Tricia Have you reviewed your property records and done qualified written request? and even check your credit report for signs of activity and MERS while you’re at it.
Tricia
April 1, 2014 at 8:43 PM
Hammertime, as far as we can tell MERS was never in the picture. Yes, we have checked the county records the only recorded deed of trust was WAMU in 2005/2006. Then Chase in 2012, which filed a corporate assignment of deed of trust. The person who signed as attorney in fact for the FDIC and VP of Chase is actually a Chase employee. I have checked with the parish it was signed in there is no record of the person having a power of attorney in order to sign for the FDIC. Yes, we have made a qualified written request as well, Chase nor the Trustee will provide any proof that they actually own the loan etc. The trustee went as far to say they didn’t have to provide any proof beyond the fact that Chase purchased WAMU.
hammertime
April 1, 2014 at 9:38 PM
That’s very interesting. I’m looking over the consent judgment myself for my own case. Have you checked the MERS site? Basically leave no stones unturned just in case. That’s where the fraud may lie, it may have been assigned and never recorded. I would look over your docs at closing for any unrecorded assignments. I did not realize this until I reviewed them again years later. You may have a couple of red flags as it is. But if there is any other entity involved you can possibly make claim for broken chain of title or lack of authority/standing. The other question would be when did Chase take over. Did they claim to be the servicer before the sale of WaMu? So there’s that ’06/’08 gap you need to fill in if Chase or anyone else was involved during that time. The good news is that it looks like you can make a complaint that they are not complying with the settlement. QWR rules have changed but they can’t claim they don’t need to answer as they tried with me recently. The Atty in Fact is also a red flag. The San Francisco Recorder did a great report on how these signatures can cast doubt on proper authority since the actual benficiary? Should be signing. Agencies, politicians are just looking at the highlights of the settlements but our cases can help bring a focus. I believe “competent and reliable evidence” is being overlooked. I’ll post other parts as new comment.
From p 93 “Before a loan is referred to non-judicial foreclosure, Servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information.”
hammertime
April 1, 2014 at 9:54 PM
The other thing I forgot was have you made a QWR request since the settlement? In CA if there’s a pattern of violations there are possible damages. I also got more info than before.
Tricia
April 2, 2014 at 4:25 PM
Hammertime, no we haven’t made another Qualified Written Request since the settlement. To be honest I am not sure if I did it correctly the first time. Is there somewhere to find a good format to put a QWR in? I was reading some more of what you posted about the servicer needing to make sure if the borrower has defaulted and they have a right to foreclose. Actually in the state of Washington according to the deed of trust act, I do believe it has to be the owner of the note/loan which can initiate foreclosure, they cannot be just the servicer.
hammertime
April 2, 2014 at 8:13 PM
The Consent Judgment states Servicer or Note Holder. Another part talks about valid transaction possibly referring to assignment. I’m working on a complaint now to the CA monitor. It seems it all falls under having to be supported by reliable evidence, which is big change from previous non-judicial process it seems. It seems to go from national settlement down to state law. QWR law changed in Jan I recall. They seem to be frowning on template type of complaints. They don’t want it to be overly broad though it could depend on the case. If WA law states that holder must be owner could be basis for asking for proof of transaction! Per Consent Judgment they’re supposed to send a statement “setting forth facts” before foreclosure action it looks like. It seems like it could be very basic from following: http://www.law.cornell.edu/uscode/text/12/2605
There’s another section that gets into more details.
“(B) Qualified written request
For purposes of this subsection, a qualified written request shall be a written correspondence, other than notice on a payment coupon or other payment medium supplied by the servicer, that—
(i) includes, or otherwise enables the servicer to identify, the name and account of the borrower; and
(ii) includes a statement of the reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.“
Chase tried to make format an issue with sections of code that instruct to identify if notice of error or request for information. HUD might be a good place to check but haven’t come across anything yet. You should probably check out the WA Attorney General site and see what they recommend. Here’s the MERS lookup if you don’t have it, pop in your address and see what happens. https://www.mers-servicerid.org/sis/index.jsp
Would be good to see how it all fits together depending on your timing for sale etc; need to go back and check, too much info right now!
hammertime
April 2, 2014 at 8:22 PM
Other quick side note. The term servicer is another source of manipulation as it could mean different things. Somehow the banks twisted it to mean more than just a payment servicer which seems to be how the settlement people are treating it which I think was either a big mistake or more deception.
hammertime
April 3, 2014 at 8:11 PM
Interesting comment from case I reviewed before – “p 6
Similarly, in Javaheri v. JPMorgan Chase Bank, N.A., CV10-08185 ODW FFMX, 2011 WL 2173786, at *5-6 (C.D. Cal. June 2, 2011), the court denied Defendant JPMorgan’s motion to dismiss a very similar wrongful foreclosure claim to the one at issue here when the plaintiff alleged that Washington Mutual, plaintiff’s original lender, had “transferred Plaintiff’s Note to Washington Mutual Mortgage Securities Corporation” prior to its closure by the U.S. Office of Thrift Supervision and JPMorgan’s subsequent acquisition of its assets.ld. at *5. The court took note of the fact that the
plaintiff had produced specific “facts regarding the transfer of Plaintiff’s Note” suggesting that Washington Mutual had indeed alienated its beneficial interest to plaintiff’s deed of trust prior to JPMorgan’s later acquisition of Washington Mutual’s assets. Id. “Coupled with Plaintiff’s allegation that JPMorgan never properly recorded its claim of ownership in the Subject Property,” the court ruled that the “above mentioned facts regarding the transfer of Plaintiff’s Note prior to JPMorgan’s acquisition of [Washington Mutual]’s assets raise Plaintiff’s right to relief above a speculative level,” and held that plaintiff’s allegation “that JPMorgan did not own his Note and therefore did not have the right to foreclose” was sufficient to withstand JPMorgan’s motion to dismiss.ld. at *5-6.”
Could give insight on the WaMu/Chase transition and it’s being treated.
Only half the battle though which is why QWR’s etc are important since it was dismissed for lack of proof it looks like as to what they were claiming. Can get final judgement here: http://docs.justia.com/cases/federal/district-courts/california/candce/3:2012cv00572/250929/76
CALIFORNIA JERRY BROWN BEING SUED FOR DIVERTING HOMEOWNERS SETTLEMENT FRAUD TO FIX ALL ROADS AND BRIDGES INSTEAD ? A MUST READ THAT ALL 50 STATES CAN BE SUED FOR THIS CONTINUED FRAUD ON HOMEOWNERS
I am doing just that in case CACE08-018999 Broward County Circuit Court on Monday…along with suing the justices of Florida’s 4th District Court of Appeal for stepping beyond their authority in aiding and abetting obstruction of justice by stopping our Attorney General from investigating and prosecuting David J. Stern…who it took YEARS to get disbarred, which was an OUTRAGE.
Our courts are the laughing stock of the nation right now and IT NEEDS TO CHANGE.
Stern has already been sued by me and ostensibly I will be entering a default against him April 23rd.
I AM LOOKING FOR VOLUNTEER RESEARCHERS and people who want to attend sharing groups in South Florida…please contact me !
Should be reviewed but for a way where we can take action for ourselves. This is about getting money for “education” primarily that the groups will benefit from like the whistleblowers getting their millions. One of these “legal” groups I met with last week repeated verbatim what the “lender” said in their bs “response”. We have to find a way to make the banks and the government tell us where all the money’s going and why we’re being PRE-judged unable to benefit while our treasury and tax dollars continue to get raided. The grand jury approach could be the way on legal side but we need another prong on government/representation side. I contacted Barofsky who’s representing the plaintiffs and their firm blew me off for pro bono. Seems like he tried but these cases seem to be plums for the legal firms.
After the Florida Appeal Court I filed 2 years ago, they denied my appeal and offered NO OPINION resulting in my being denied the Supreme Courts review. I then sent a 230 page explanation with all the evidence for forgery, fraud and below is what the AG’s office sent in their response? Unbelievable, really!
Hello Ms. Del Francia-Goodwin:
Thank you for following up with the Florida Attorney General’s Office regarding your concerns about the foreclosure of your Florida property.
I am sorry to hear that you have been unable to resolve your mortgage concern. As Bank of America appears to be the investor in this property, I am forwarding your complaint to Bank of America for review and response. You may follow up with Bank of America at the website or telephone number below:
I note we previously forwarded your concerns to the Florida Office of Financial Regulation and the Consumer Financial Protection Bureau. Please follow up with those authorities regarding your complaints against the banks and mortgage servicers involved in your case. I can also confirm that the resources we previously suggested are appropriate, and I encourage you to follow up with the agencies referenced in our previous reply dated 11/14/2013 (included below).
With regard to allegations of criminal fraud by an attorney and in the court, in Florida the police or sheriff’s office in each city or county is responsible for investigating crime at the local level. Those authorities operate independently and are not a part of the Attorney General’s Office. I have provided contact information for the Pinellas County Sheriff’s Office below:
Pinellas County Sheriff’s Office
Post Office Drawer 2500
Largo, Florida 33779-2500
Phone: (727) 582-6200
Website: http://www.pcsoweb.com/
Since your concerns also involve an attorney or law firm in Florida, you may wish to notify The Florida Bar of your concerns. The Florida Supreme Court designated The Florida Bar as the agency responsible for reviewing grievances against lawyers licensed to practice in this state. The Florida Bar’s information about the grievance process online at:
The Florida Bar
651 East Jefferson Street
Tallahassee, Florida 32399-2300
Phone: (850) 561-5839
Toll-free within Florida: (866) 352-0707
Website: http://www.floridabar.org
If you need legal guidance, please seek private legal counsel. An attorney can provide the legal advice which our office is precluded by law from giving to private individuals. If you need help finding a Florida attorney, The Florida Bar offers a Lawyer Referral Service toll-free in the U.S. at (800) 342-8060 or visit the website.
We appreciate your persistence and again hope this proves helpful.
Sincerely,
Bethann Dillon
Office of Citizen Services
Florida Attorney General’s Office
PL01 The Capitol
Tallahassee, Florida 32399-1050
Toll-free in FL: (866) 966-7226
Outside Florida: (850) 414-3990
Website: http://myfloridalegal.com
PLEASE DO NOT REPLY TO THIS E-MAIL. THIS ADDRESS IS FOR PROCESSING ONLY.
another example of the fear and intimidation tactic by the ones that are supposed to uphold the law, i.e.courts, judges and lawyers. they are just pawns to clear all of these crooked foreclosures. They are taking their orders from the higher ups and us hard workers are still taking our orders from the highest.
We opened a business and personal bank account in north Florida. We deposited our cash and credit card revenue into the bank. We applied for a business refinance loan to open a second location. The application process took six weeks and crossing ever T and dotting every I. The time came to seek a 1500, appraisal. Again a commercial appraisal for over a million dollars is detailed to say the least from valuating the inventory and property to the management and licencing. Completed that. All this while running our business seven days a week. We never heard back. We waited, Left messages with the women and executive who seemed to be directing everything.So we actually called the main number and got the call transferred to get er to answer the phone which she did. Sh said we were denied due to the appraisal being to low. Ok then, we want the appraisal. She said ok. We got nothing. We also never got a denial letter. Then came the foreclosure. That’s right, the foreclosure. Then we were contacted by the states attorneys office letting us know an arrest had been made for theft by deception in regards to a “mortgage” for over a million dollars on our “assets and property” but that our name had been cut and pasted with a shell company LLC created the day the bank issued the one million plus check with no restrictions and made the funds available same day. Did the bank report this crime? Nope. Did the bank hire a lawyer tp defend the recipient of the money and the bank and the employee? Yes. Did it work? Yes. Did th criminal charges go away? Yes. Did the foreclosure move forward. Yes. Did the bank force the judge out to get an older judge they liked better. Yes. Even after Judge Skinner said only the fla supreme court could oust a judge from a case by force. Nope not in the middle district. Judge Moran, senior judge sent an email obtained by the fla times union showing Judge Moran telling the banks lawyers to do to get rid of the fair judge so they could get a partial judge who already said he would help them out of retirement and bring him in as a senior judge. Either way they ousted Judge Skinner and won the foreclosure even though we proved we never closed any loans and that this loan was part of criminal act confirmed by States atty Harry Shorstiens office of financial crimes and the state of Florida insurance fraud division detective turned in a full investigation finding the scheme that was found legit enough to make two arrest. Yet, we were foreclosed not by cleaning us off the title-they hoped-, because the shell company was foreclosed, but by adding our name as an interested party, like the taxes etc due to our lis pendis from the crimes. It worked. We rushed as this instantly bankrupted us as we had our jobs, lives and livelihood, not to mention the only license the entire business had to operate it. So we filed in bankruptcy court before the sale and asked for the Jacksonville bankruptcy court to let us sue to prove the fraud there and pay our debts at 100%. Did the state court and the bank sell and buy the deed days after we filed bankruptcy in federal court. Yes. Is this the deed they have today? Yes. The bank was closed by the FDIC and friends of the banks owners went to work fr the receivership company and then rehired the owners of the bank within days of there bank loosing over 800 million dollars worth of loans. I suspect many of these loan were gifts in the form of a “special” loan to whomever they wanted with any kind of real or fake assets. Many of loans were to lawyers and lawyers turn into judges etc etc. Even the owner himself borrowed 1 million before it was shut down, from his own collapsing bank. Why am I telling you this? Well we have since fallen on hard times and are loosing our home. My son got accepted into University of Miami, something he earned and deserved. We couldn’t pay. My daughter got into Rollins in Fl, same thing. My father died while I was on the phone with lawyers charging me 350 an hour so I waited to click over and then forgot to call him back. He passed overnight. He left me his home and told me never to stop fighting because this is not a special case. He said we have become Mexico. Some generations are drafted to fight overseas. Some must defend here in the states. State attorneys across the country are ignoring theft by quoting ownership is civil. Don’t believe summery judgement is abused. Our case with all the agencies criminal and others were denied a jury trial after we were granted a jury trail in which the plaintiffs demanded as well. They wouldn’t let both of us come into the judges chamber together and just said they don’t have to let anyone in they don’t want to. The judge told my husband that if he didn’t drop the case he would see to it that he lost everything and the bank would get first money of any sale etc of our assets. Then he fined us 50,000. for notifying the bank we were organizing a picket line in front of the bank. He called it causing the case to be delayed. BOTTOM LINE – In north Florida and other states the local folks from all the agencies work together and have built beneficial relationships together and they honor those relationships. So if a new party, like the Tea Party FO Party or any party gains big dollars (momentum) and racks up those same members of those same relationships in your area, then this can, and did happen. The happy ending? No one will buy the property they stole from us. That’s it. For ten years our business property that has an amazing location with hundreds of thousands of cars passing it every single day, has sat empty. Interest? Oh yes, but no stupidity. There’s not a month that goes by we don’t get a call asking us to sign a quit claim deed so someone feels safe enough to loan money or put money into it. That’s right, the good ole american buyer beware has the title jumping FDIC and its banker friends sitting and sitting on the monument to our crushed dreams and honest hard work. Hundreds of thousands of people pass it every day and have for ten years of unproductive job loss due to someone helping someone more powerful then us. I even obtained a video with the help of a senator of the judge they wanted so bad, using his bailiffs attempting to stop me from simply filing my notice of bankruptcy into the state system at the state courthouse. The case was filed in fed court the day before but apparently the hellbent judge was going to try to undue that too. He was supposed to retire soon and he just didn’t care what he did. His son was running for his seat and the closed bank held a private fundraiser for him, I know I was invited there by those who just cannot believe that a conservative would behave this way…so I suspect the fund raiser privately held by the same women who processed the loan in secret had some big favors were being cashed in. The video clearly showed his bailiffs detaining me from the recording counter after zI tried to record the bankruptcy for 30 minutes and the bailiffs hung up the counter phones and started using the clerks cell phones to speak directly to same judge that secretly threatened my husband that day. Did any of the people they tell you to go to help? None. Remember bailiffs are the police. Judges are the law keepers, The regulators are sitting on there hands. They act like Lodge brothers to keep there jobs in that dark environment and laugh it off as another crazy day at work. Not caring what the results are either way. They even try to make you feel like your bothering them. They get rude and make public access complicated and vague. So after a 6 page article and two metro front pages and top story of the weekend on the local news…the elections and fund raisers started back up and the fantastic paying jobs and benefits for life pig trough opens up again and they swim up the tax payer pool again, lay there eggs, and swim away looking for a better pool upstream. Our family of military brats is so strong and good hearted that we survived this with our head held high. We just kept saying don’t let them change us. Don’t lower ourselves to they’re standards. Only then do we really lose. Our goal is to stay strong for our God and our American ideals morals and ethics. We are considering a Facebook page to raise money to try to buy the property back somehow and hire 80 employees…again. This may sound harsh or hard to read, i know. But our tears should not be in vain. Lets bring about civil court staff reform! They are the ones who swore to keep it fair and unpartial and to accept both sides as fact an to eliminate summary judgement for cases in disputed material facts, period. The measures the courts have taken have been a failure to protect the sanctity of the court and have themselves exercised contempt of same court. We must unveil the mask of summary judgement abuse.
My case has me at the end of my rope but your story is very inspiring. I may have to end my case and move on but hope to have my story told and hopefully help others. I have another 15-30 day window and looking to put some ideas to work. I’m reviewing social media approaches and have reviewed some campaign/fund raising approaches. You can send me an email here but let me know you sent it. elsa.carter-avpci3n@yopmail.com Thanks.
After loosing my home to an unknown bank, I am now selling my last home. If interested, please call me at (702) 809-0716 I’m done fighting, it’s sucked the bliss from my life! http://palmsprings.craigslist.org/rvs/4395276172.html
Can anyone help me fully understand Assignment of Mortgage. My question is (real example). Option One does an Assignment of Mortgage to Deutsche Bank National Trust Company Trustee of Soundview Home Loan Trust 2005OPT-4.
The original mortgage was 9/30/2005 and the assignment was done and recorded on 3/21/2007
The trust closed in 2005 in which all instruments had to be filed according to the trusts PSA and REMICS.
“On November 1, 2012, a new Massachusetts law went into effect that gives judges in the Bay State the power to determine whether a bank can foreclose on a home or must modify the mortgage. The new law, entitled Act Preventing Unlawful and Unnecessary Foreclosures, creates a series of new hoops for banks and other mortgage creditors to jump through in order to foreclose on borrowers who aren’t making their payments.
Under the new law, lenders will have to demonstrate to a Massachusetts court that they made “a good faith effort” to work with delinquent borrowers, and that they took “reasonable steps” to avoid foreclosing. Such “steps” would include considering whether the borrower could make a lower, “affordable monthly payment” relative to their current delinquent loan.
The new law also mandates that lenders prove loan ownership prior to taking foreclosure action. The law includes new protections that prohibit lenders from misrepresentation, unfair costs and imposition of fees for services not performed.”
Folks…..keep the faith. I am now suing Met Life Bank CEO….Eric Holder (personally), and Ringert Law of Boise Idaho – for lying. I am doing this as a friend of the court….my ancestors crossed the Atlantic Ocean for this carnival? God has my back on this one….this ONE. 777
Fight until the lights go out. Then pray for a New Horizon…..one w banksters on crosses at dawn. 777
Rather than watch TV, why not spend quality, entertaining, and informative time observing and researching in your local courthouse in foreclosure cases.
I think this will be one of the important steps in righting the wrongs….documenting what judges and attorneys are getting away with in passing out free money and real estate to undeserving banks who have NO money invested or legal rights to the money or real estate – overturnable and restitution possibilities and usable with legislators to pass anti-justice crime wave remedial law that will STOP judges and attorneys from ignoring the law and hold them accountable under the law.
Please contact me and recruit others… I will provide instructions on what and how to do it.
Tom – I know that you are in the state of Florida as I am as well. I met with my atty on my case with Chase yesterday. My case is in Pasco County however, he plain out told me that in Pinellas County the Judges are basically granting each and every judgment in favor of Plaintiffs if they show up in court with an ORIGINAL note in hand. Doesn’t matter if they are the owner of record or not, whether there are legitimate assignments or not. Basically, it’s all being based on ‘possession’ and nothing else. The corruption and total disregard of the rules of law are completely ignored by these judges and nothing, nothing is being done. If you file for an appeal the appeal judges in the state of florida are basically siding with the judges decision on the basis that a plaintiff has come to court with an ‘original’ note……period! This was such a blow to me as it’s 7 years plus fighting this foreclosure. And it is spreading to other counties as well and he opines that the same will happen in my own case in Pasco county. I have been to every hearing, etc. and I even wrote a letter to the Chief Judge in the district filing a complaint against the judge in my own case. Nothing was done and the reply that I got had absolutely nothing to do with my original complaint. All judges are attorneys, plaintiffs are attorneys and the banks are the funders for all of them at re-election time. Who can win against them when all the power is transformed into dollars and defendents are way outside of that realm? Those judges don’t care one iotta who is in the courtroom watching!
In my earlier investigation days many years ago, I has a private meeting with a judge in chambers in which I confronted him with uncovering some of things he had been doing illegally in misusing his office, to which he readily admitted he had done and would continue to do. He looked at me with kind of a stone cold stare, tilted his head to one side, and said “Who’s going to stop me.” I had gotten what I had come for, so as I raised up from the captains chair which I sat deeply in across his desk in what I must say WAS THE MOST PLUSH, lavish, elegant wood paneled office I had ever been in outside a movie set, I said to him as I turned away from him as if to insult him, “I WILL.” I actually mis-spoke, because I myself could do nothing….I actually should have said, THE LAW…- APPLIED.
What happened with what I came away with I will not disclose, suffice to say he himself had implicated himself to someone he thought was just a journalist, but I was more than that.
I wasn’t the only one who knew what he was doing and wanted to stop it.
What I came away with however, turned out to be his downfall.
As the pieces came together, the vice closed and criminal charges were filed against him.
I was quite disappointed, but the powers that be ( and there BE powers, don’t kid yourself ) cut a deal with him to resign his office in exchange for no jail time. Judges are not looked kindly at in prisons. He was removed from office and fined, and he was a sitting federal judge who had his seat for life…..a very cushy life.
I did nothing. The law did.
The point is this…what these people ARE DOING WILL REMAIN….. Things take time.
We have powerful allies, all over the world. One of them is the former General Counsel of the World Bank.
You have to understand there is really ONE bank, and ONE government…just a lot of divisions. The one thing, perhaps the only, these people fear, is the truth. THAT’s why very very few are getting their day in Court. Its on purpose. Foregone. No truth allowed or if allowed, considered. But the truth does not disappear, it just festers.
This is why I harp on INVESTIGATE – DOCUMENT – FILE FILE FILE.
We know who these people are. They’re not going anywhere.
The laws are there, but our judicial system is being destroyed from within by attorneys AND JUDGES WHO PURPOSELY disobey the law – thinking they can get away with it.
They can’t. Forever.
Judgments obtained by fraud are unenforceable. Financial fraud is one of the big ones.
Aiding and abetting is just as serious. The truth will out, because of people like you and me who do not give up but have the patience to see miscarriages of justice corrected.
It will come in legislatures, in Grand Juries, in Courtroom where some of these people will be looking UP at a judge. Do NOT discredit the new Consumer Financial Protection Bureau. They are buildng an awesome dossier on a LOT of things. So is Homeland Security. So is the Secret Service. So is Interpol. So are other organizations.
We are dealing with replacing our banking and governmental systems personnel and procedures…, that takes time, but in Honor of JFK, Ron Paul and thousands upon thousands of good people in the U.S. and throughout the world, things WILL change.
DO NOT go placidly into the night…. INVESTIGATE. DOCUMENT. SHARE.
Everyone should be contacting all of their elected officials right now and asking for them to take a stand AND PASS NEW legislation to make what IS GOING ON criminal, and take away the ‘discretion’ being exercised right now…our judicial system is dying, and the cancer is moral turpitude…..because THAT’s what were dealing with.
PERSEVERE
( to show you how pervasive the dishonesty is in the system right now, check out what Florida’s Appeals Courts are doing…Lower Tribunals never err anymore, they just ‘abuse their discretion.’ Remember the ultimate source their power comes from – its you and I )
Document Every Event. The first thing a prosecutor will ask you is, “Can you PROVE IT ???”
I live in San Diego and the corruption is exactly how you have described it in your statements below. If you would pass my website on too others it would be much appreciated. Here is the link: http://www.myfight4justice.com which describes my struggles in the just-us system.
I am taking on two multi billion dollar foreign corporations who have defrauded Health Care providers (Doctors) here in America for the past Twenty Years (according to the document they used in my case) As it turns out their attorneys submitted a second job description, which no one has ever seen until it was discovered it in my case files that is! The proof which is actual court submitted documents is located on my website. This document is admittedly used “Sometimes” after an employee is injured and was used by the defense in the Wrongful Termination complaint I filed in 2008.
So far My Fight 4 Justice has gotten me an Appellate Court WIN in December 2012 who sees a problem with them using TWO different job descriptions for the same job position. The Superior Court judge,none the less, threw my case out once again so I am back in the Appellate Court presently for round two. I have sought justice for seven years and my fight is not over yet. MY Appellate Court victory can also be read on my website for those interested to see what justice actually looks like.
Tom is absolutely correct you must INVESTIGATE – DOCUMENT – FILE FILE FILE. and be patient. You MUST do a lot of investigation and if you do eventually their house of cards will fall. Remember FRAUD Succeeds when good people stand by and do NOTHING! Check out http://www.MyFight4Justice.com to view my evidence.. God Bless!!!
PS I was just informed today that a notice of Default was filed last Monday. Now my fight goes to a new front against Mort Backed Securities and US Bank. Who claims they have standing for a loan originally created by Countrywide then Downey Savings both defunct organizations..
just go to SEC it will open idynps there is a radio show on friday night randy kelton rule of law radio you should call in ask about how to get jury trial and out of civil into criminal he smart guy he has had judges arrested before i would love to hear you call in and see what he thinks and what advice he could give you
That’s a treasure trove of material that will eventually lead to the dismantling of MERS system. These are the reasons why Wells Fargo’s foreclosure manual instructs its agents not to foreclose in name of MERS, they are looking forward to the wrongful foreclosure penalties and another few billions in penalties. Don’t worry, it won’t happen while Eric Holder is Attorney General.
Met with non-profit lawyer that sounded like she was employed by the bank. Made complaint to AG almost word for word contradicting this case. She kept saying things like they can have a team and I benefited. Another letter for your Congressperson etc if you don’t have a HBOR.
Shuffling SPOCs Violates HBOR
Mann v. Bank of Am., N.A., 2014 WL 495617 (C.D. Cal. Feb. 3, 2014): “Upon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.” CC § 2923.7. SPOCs may be a “team” of people, or an individual, and must facilitate the loan modification process and document collection, possess current information on the borrower’s loan and application, and have the authority to take action. Importantly, the SPOC “shall remain assigned to the borrower’s account until the mortgage servicer determines that all loss mitigation options offered by, or through, the mortgage servicer have been exhausted . . . .” Here, borrower was “shuffled from SPOC to SPOC,” which he recounted in pleadings, noting conversations with different representatives on specific dates. As a result of this shuffle, borrower had to continually “re-inform” servicer representatives about his situation and constantly received contradicting information. These allegations adequately asserted a SPOC violation. Even if the multiple representatives borrower communicated with were a “team” of people, allowable under the statute, no member of this “team” was able to perform the required SPOC duties. Borrower’s SPOC claim survived the MTD.
You are right hammertime. Appears they are all in it together. That’s why I gave up pretty much on attnys, but I don’t know if I can handle being treated
By a judge the way I was on Monday. If I fight back too much. They might try to get me for contempt. Broward cty florida stinks. In some ways I am ready to move on because this foreclosure mess has shown the true colors of this area and I will take honest people over good weather in the dead of winter anyday
I’m with you. I’m in my last round with Chase/City double team. Take care of yourself but our truth can get out there no matter the results. If we have a higher goal all their money and power doesn’t matter. I believe we 4% who have fought back and have been active on the internet stopped them from bullying veterans and seniors like they were.
Lms
March 21, 2014 at 12:57 AM
Thanks Hammertime and good luck to you. The truth always wins in the end and the fact we are still in it for this long shows that. Chase gave me a fraudulent loan mod. I worked so hard to keep my home and chase has wronged me so any times. They have acted in bad faith and they are very well aware of what they have done and continue to do. Chase has always held my note and has intentionally tried to force me out. I don’t care anymore. I don’t even feel this is my home anymore but I am not going to let them say I’m a deadbeat because I have always tried to pay and they have thwarted it
hammertime
March 21, 2014 at 10:14 AM
No prob. Exactly how I feel. In my case the note they PAID OFF wasn’t produced for 6 years and now they say it didn’t have to be paid off! Anything’s possible with all this deception. Hang in there yourself. Pressure will be on til Wed. Hopefully we’ll catch up on Chase and I’ll pop in when I can til then.
Good idea tom except we have been doing this on this website. We need to get the media involved. I have been viewing cnbc and commenting to see if I can get someone’s attention. Seems a lot is old news and people are moving on. Just like this wells manual coming out. I’m sure all the big banks have a similar manual. This is big news but it is not getting enough attention. It’s just a matter of getting the right attn and there are more crooks than honest people.
Pam bondi and anyone else in a position as hers should have helped florida more. These courts could have got rid of a lot of the backlog just by doing the right thing for the people of florida. Fear and intimidation by the judge to the homeowner shows what side they are on. All this money from these settlements could have helped a lot and the economy too. Govt is so ignorant and greedy and just plain mean and dirty
hammertime
March 21, 2014 at 12:15 AM
Remember, Wall St’s the problem and they are buying off our govt and democracy.
My goal is to have a site where people all over the Country can share and learn how to put together effective investigations and compile an evidence file that can be used effectively in courts, with regulators, law enforcement and Grand Juries, legislators and their committees, private agencies and attorneys…. and the media, researchers, and documentary makers.
Unless we get an organized movement going that will hold all bankers, judges, regulators, law enforcement and prosecutorial agencies, and legislators RESPONSIBLE FOR EVERY ERROR
and CRIME THEY COMMIT, haul them before public scrutiny and criminal and civil prosecution, this is NOT going to get better.
Apparently Jerry Brown and Pam Bondi, of opposite parties and sides of the country, have diverted massive amounts of money from foreclosure help they received funds under..
it’s time for Federal Grand Juries folks…
and being an election year..unfriendly elected officials and judges must be removed from office
who wants to run for office as an independent…seriously. I’ll help you organize and run a high profile campaign…even withOUT getting elected we can change the way these criminals are doing business.
It APPEARS at first glance, that banksters and servicers are in a state of anarchy and moving things around frantically…HSBC for instance, has EXITED the mortgage business altogether themselves it seems, electing to spin off to a mortgage entity and selling portfolios to 3 or 4 other firms, including PHH.
LEARN HOW TO DO GREAT DISCOVERY and EVIDENCE COLLECTING..hopefully once my site gets going, it will be a great help to you…
Thinking along the same lines but caught up in stopping sale. This site is a great help but we need to be more effective and it needs to come from us. The CA lawsuit is great but in the end it’s focused on education funds that are going to go to possibly non-profit bureaucracies or the lawyers. Research should be only one of the quivers and there are some great resources out there. The emphasis on grand juries and grass roots action could be a good twist I’ve talked about.
Lms
March 20, 2014 at 11:54 PM
Big waste of funds these educational/credit counseling places. Borrowers were duped with these creative financing loans by these banks. They bought on a payment that grew its the banks that need the education, really the word should be prosecution for duping all these homebuyers into thinking they could afford it. I have no clue what it will take but buyer beware and I hope in the future people think twice because history does repeat itself.
Tricia
March 21, 2014 at 1:56 AM
Thank you for the link to the case in New Mexico. I briefly looked at it looks like it might be helpful. Also, I do believe they can no longer use MERS in the State of Washington, kind of a red flag to attorneys and judges here.
Sounds like a great idea. I am still trying to get everything together in order to file a case, so don’t think I would be much help. I have been kind of waiting to see the outcome of a couple cases here in Washington State, there is one where a judge has stated that the Deed of Trust Act here maybe unconstitutional according to the state constitution because it doesn’t allow one due process (Washington is a Non-judicial foreclosure state). There is also suits against a couple of the trustees that are actually owned an operated by law firms which often represent the banks, which is a big no no. The trustee is supposed to be a neutral party. Anyway I guess I would be interested in finding out how other people in non-judicial foreclosure states are handling their cases. I think some things are handled differently depending on whether you are in a judicial vs non-judicial foreclosure state.
Consent judgment excerpt: (Chase) p 203
3. Enforcement Action. In the event of an action to enforce the obligations
of Servicer and to seek remedies for an uncured Potential Violation for
which Servicer’s time to cure has expired, the sole relief available in such
an action will be:
(a) Equitable Relief. An order directing non-monetary equitable relief,
including injunctive relief, directing specific performance under
the terms of this Consent Judgment, or other non-monetary
corrective action.
(b) Civil Penalties. The Court may award as civil penalties an amount
not more than $1 million per uncured Potential Violation; or, in the
event of a second uncured Potential Violation of Metrics 1.a, 1.b,
or 2.a (i.e., a Servicer fails the specific Metric in a Quarter, then
fails to cure that Potential Violation, and then in subsequent
Quarters, fails the same Metric again in a Quarter and fails to cure
that Potential Violation again in a subsequent Quarter), where the
final uncured Potential Violation involves widespread
noncompliance with that Metric, the Court may award as civil
penalties an amount not more than $5 million for the second
uncured Potential Violation.
Nothing in this Section shall limit the availability of remedial
compensation to harmed borrowers as provided in Section E.5.
(c) Any penalty or payment owed by Servicer pursuant to the Consent
Judgment shall be paid to the clerk of the Court or as otherwise
agreed by the Monitor and the Servicer and distributed by the
Monitor as follows:
1. In the event of a penalty based on a violation of a term of
the Servicing Standards that is not specifically related to
conduct in bankruptcy, the penalty shall be allocated, first,
to cover the costs incurred by any state or states in
prosecuting the violation, and second, among the
participating states according to the same allocation as the
State Payment Settlement Amount.
2. In the event of a penalty based on a violation of a term of
the Servicing Standards that is specifically related to
conduct in bankruptcy, the penalty shall be allocated to the
United States or as otherwise directed by the Director of the
United States Trustee Program.
3. In the event of a payment due under Paragraph 10.d of the
Consumer Relief requirements, 50% of the payment shall
be allocated to the United States, and 50% shall be
allocated to the State Parties to the Consent Judgment,
divided among them in a manner consistent with the
allocation in Exhibit B of the Consent Judgment.
Consent judgment excerpt:
P 202
J. Enforcement
1. Consent Judgment. This Consent Judgment shall be filed in the U.S.
District Court for the District of Columbia (the “Court”) and shall be
enforceable therein. Servicer and the Releasing Parties shall waive their
rights to seek judicial review or otherwise challenge or contest in any
court the validity or effectiveness of this Consent Judgment. Servicer and
the Releasing Parties agree not to contest any jurisdictional facts,
including the Court’s authority to enter this Consent Judgment.
2. Enforcing Authorities. Servicer’s obligations under this Consent
Judgment shall be enforceable solely in the U.S. District Court for theDistrict of Columbia. An enforcement action under this Consent
Judgment may be brought by any Party to this Consent Judgment or the
Monitoring Committee. Monitor Report(s) and Quarterly Report(s) shall
not be admissible into evidence by a Party to this Consent Judgment
except in an action in the Court to enforce this Consent Judgment. In
addition, unless immediate action is necessary in order to prevent
irreparable and immediate harm, prior to commencing any enforcement
action, a Party must provide notice to the Monitoring Committee of its
intent to bring an action to enforce this Consent Judgment. The members
of the Monitoring Committee shall have no more than 21 days to
determine whether to bring an enforcement action. If the members of the
Monitoring Committee decline to bring an enforcement action, the Party
must wait 21 additional days after such a determination by the members of
the Monitoring Committee before commencing an enforcement action.
Chase Consent judgement excerpt:
P 199
Satisfaction of Payment Obligations
6. Upon the satisfaction of any category of payment obligation under this
Consent Judgment, Servicer, at its discretion, may request that the Monitor
certify that Servicer has discharged such obligation. Provided that the
Monitor is satisfied that Servicer has met the obligation, the Monitor may
not withhold and must provide the requested certification. Any
subsequent Monitor Report shall not include a review of Servicer’s
compliance with that category of payment obligation.
P 200
5. In addition to the Servicer’s obligation to cure a Potential Violation
through the Corrective Action Plan, Servicer must remediate any material
harm to particular borrowers identified through work conducted under the
Work Plan. In the event that a Servicer has a Potential Violation that so
far exceeds the Threshold Error Rate for a metric that the Monitor
concludes that the error is widespread, Servicer shall, under the
supervision of the Monitor, identify other borrowers who may have been
harmed by such noncompliance and remediate all such harms to the extent
that the harm has not been otherwise remediated.
Taking notes on settlements/Consent Judgment i.e. national mortgage settlement. Chase file.
If getting jerked around on standing could be a resource. Could be tool for individual or organized approach. Here;s one part I’ll post a couple of others to get a feel.
The following items from the Consent Judgment
P 206 Consent Decree (standards? matrix)
1. Did the foreclosing party have legal standing to foreclose?
3. Was the borrower offered a loan modification fewer than 14 days before the foreclosure sale date (unless the borrower declined the offer or the servicer took appropriate steps to postpone the sale)?
p 224
(d) Activities related to the executing, notarizing, transferring or recording of mortgages; the obtaining, executing, notarizing, transferring or recording of assignments; or activities related to the use of any mortgage registry system, including MERS, and including the transferring of mortgages or assignments using MERS;
(g) Handling and resolution of inquiries, disputes and complaints by or on behalf of borrowers and frequency and adequacy of communications with borrowers;
p 196
23. If the Monitor becomes aware of facts or information that lead the Monitor
to reasonably conclude that Servicer may be engaged in a pattern of
noncompliance with a material term of the Servicing Standards that is
reasonably likely to cause harm to borrowers or tenants residing in
foreclosed properties or with any of the Mandatory Relief Requirements,
the Monitor shall engage Servicer in a review to determine if the facts are
accurate or the information is correct. If after that review, the Monitor
reasonably concludes that such a pattern exists and is reasonably likely to
cause material harm to borrowers or tenants residing in foreclosed
properties, the Monitor may propose an additional Metric and associated
Threshold Error Rate relating to Servicer’s compliance with the associated
term or requirement.
HOWEVER, if there is ANY good news, its that the servicing agreements nearly across the Board have given FULL OWNERSHIP DECISION RIGHTS TO THE SERVICERS…thus the servicers could MODIFY EVERY SINGLE LOAN THEY HAVE without ANY NEED of ever talking to the “investors” or getting anyone else’s permission
..and I can point you to the sections for you to show the judge, then show them the Settlement Agreement, then tell Eric Holder the servicers ARE VIOLATING THE AGREEMENT and ask for Indictments..if he doesn’t, HE gets thrown into the group of conspirators…pretty simple formula, which is all that the legal system is
it has been a rule/law that only the NOTE HOLDER can modify or re-fi a loan…which has been a bone of contension that homeowners are wasting their time to gather “proof of income, utility bills, etc.” and fax over and over again because the bank needs this or that and it’s all bs because the servicer has no authority? Tom, please provide whatever you are suggesting stating the “servicer” has the authority?
What is the ONE thing the Banking Cartel doesn’t want…. for the entire Truth to come out
THAT should be our collective purpose…there is a HUGE amount of evidence to go through.
I still want a transcript of the secret private meetings Obama had with the Cartel – which he is refusing to release. We should ALL demand they be released.
The NEXT thing we should all demand is that Eric Holder apply the same standards to the Banking Cartel that he just applied to Toyota.
The Justice Department just announced one of the largest fines ever imposed on an automaker, $1.2 billion from Toyota for the way they handled the dangerous unintended acceleration of its vehicles
Time magazine reports the four year investigation began after an off-duty California Highway Patrolman and his family “barreled off a highway at 120 miles an hour and were killed, despite desperate attempts to stop the borrowed Lexus they were driving.”
It seems millions of American Homeowners barreling off the highway of home ownership qualifies for a similar investigation and penalty, Mr. Holder and Mr. Obama.
Holder announced today. “Rather than promptly disclosing and correcting safety issues about which they were aware, Toyota made misleading public statements to consumers and gave inaccurate facts to Members of Congress,”
Same here, Mr. Holder. Do your job or resign.
I strongly suggest each one of us and everyone we know which we can convince to do the same, publically, in letters to our two U. S. Senators, our Congressperson, Eric Holder himself and President Obama, and our local newspapers, TV, radio stations AND ELECTED OFFICIALS demand the same, and follow through with ongoing meetings. Let’s deluge everyone with evidence. There is a TON in your local Courthouse as well as in your own files !
The SECOND thing the Banking Cartel fears, is being put out of business and replaced as “Owners of the World”.
THAT is the ULTIMATE goal.
Rep. Edolphus Towns, D.-N.Y., chairman of the House Committee on Oversight and Government , and all his Committee members should be on a first name basis with each of us, as we should be with our Senators and Congressperson.
We owe this to our children and future generations.
Well, great idea except for the fact that Eric Holder will never be of any help whatsoever. He worked with Covington & Burling Law Firm and contributed to the creation of MERS!!
No Help with him~
JOHN SORRENTINO
March 19, 2014 at 6:24 PM
I have question my loan originator FGC assigned my mortgage to DBA fremont mortgage on 6/13/2005 done by MERS ,In 2007 they went bankrupt in 2008 CMS notified me saying there my new servicer i went down to land records office no assignment on recorded so i called CMS asked them who they are and what gives them the right to service my loan it was not recorded at the county the only true and recognized and official records they lady from CMS told me they due there assignments threw MERS which we know bunch bs now fast forward in 5/26/2011 there trying to say FGC commercial MTG fin assigned my loan by MERS to Deutsche bank here my problem with it if FGC went bankrupt in 2007 they no longer handle mortgage how could the assign anything there no longer in business they could assign some thin they did not have second of all the only authorized party who could due assignment would be the bankruptcy trustee for the bk lender if MERS did assignment on behalf of bankrupt entity is that criminal violation of the bankruptcy code another point is if mers held the mortgage as nominee for lender who was out of business or liquidated in bankruptcy there could be no party legally able to assign what i think happen CMS bought some of FGC assets in bankruptcy my loan was one for example i dont think they ever assigned my loan to CMS and that’s why it was never recorded Last but not least that bogus assignment it was done by VESTA LAND TRANSFER CORP the advertises the most cost and time efficient services from default to closing available in the industry plus the due the own in house processing there address is the same for the law firm that is suing me vesta recorded the assignment by MERS plus my assigment was done by and signed by a robo signer tom croft CMS sent bad papers to vesta prepared and filed a fraudulent assignment plus my PSA stanwich asset acceptance company the registered sec agent made no assignment of mortgage to anyone party that’s is named in my lawsuit what due you guys think i would like your feed back
Tom Heinrich
March 19, 2014 at 11:45 PM
That’s a fact for him to be replaced…conflict of interest, or would it be more of Aiding and Abetting.
Should we act as our own Grand Jury ???
Republican or Democrat, they are the same Clique aren’t they, the same group JUST WITH DIFFERENT NAME TAGS…the Republicans have their own uprising, where are the Democrats who will take on the corruption and criminal behavior within THEIR party
Tom Heinrich
March 19, 2014 at 11:53 PM
John, YOU DO KNOW that being in court means you have an Open Door to DISCOVERY…get those subpoenas out there, schedule your depositions…
I know a GREAT group of Court Reporters here in Florida that will even help you do Skype depositions.
Get facts, put them before the court
Contact others who have gone against these same people and get THEIR discovery..
One thing I have come across is that people do not know that records of law enforcement agencies and regulators are OPEN TO THE PUBLIC with relatively few exceptions, open and ongoing investigations being one of them, but THEN YOU know what they are looking for from YOU to complete THEIR picture.
WE SHOULD NOT WORK ALONE…any of us
I was startled by one of the big corporate law firms revelations to me about the civil recourse I have…shocked actually
hammertime
March 20, 2014 at 10:00 PM
@ John sounds like you may want to layout dates of assignments etc and check if properly recorded, transferred depending on your state. If CA, Glaski may be good to review. Also you may want to check the money trail. Of course not legal advice.
Bpbbi
I don’t do any banking on a computer .For years .Thats why i had the credit card problem
with Capital. They refuse to take cash at in Capital Bank I mailed them a USPS order with proof etc and they said they did not get it when i sent them a zerox of proof they cashed the original postal money order, where did they get it from?
There’s legal hacking and then there’s illegal hacking. We prob need to turn the tables more on them or we’ll have to go back to the stone age. Kind of funny situation where I contacted a lawyer who was on a case that was distributed and they got upset their direct line was on there. The person that sent the email had a strong confidentiality warning in their signature so I told them I couldn’t send but they wanted me to give them their info anyway! Maybe we should put a warning on our emails and report them when they mess up! Modern version of catching Al Capone!
Void judgments are a nullity.I have been fighting these void ab initio judgments since 1997 No statute of limitations The case was under Federal jurisdiction when a State judge without any authority signed two void ab initio judgments. Chief jonathan Lippmann ruled this is unconstitional but judge Schlessing who was asked to mark it vacated took money from Fidelity Title. ———-get it
lms53 – you are putting your whole picture out there if you don’t have an anti-virus program running. No wonder it’s acting wierd. ANYTHING you do on the computer with the internet (banking, emails, searching, buying), ANYTHING puts you at risk! Attorneys are hired by the banks; they don’t work FOR them. Attorneys don’t go on the payroll of banks and most of them don’t know squiddly about computers. REAL hackers are out there to get informtion that they can SELL….and they aren’t going to work for attorneys either. There’s big money for hackers who have info to sell. I highly doubt that the measly hourly rate that attorneys pay their employees would meet the requirements of a hacker!
thanks bobbi, I am aware of that and I don’t do any banking or anything at all with account # on line, but I am in need of a good antivirus program. I have with my internet service. I just have to download it and I am going to now. I don’t think I was ever that active on the internet until my foreclosure and then I started searching it for info about foreclosures and that is how I found you all and I am glad I did even though we will probably never meet. It is good that we can vent here and maybe gain some knowledge to get all of us thru this terrible mess brought upon us by the banksters. Im old fashioned, I still order checks.
They have a second computer set up in An Astoria bank building in Garden City ny/
Both my florida cell phone and my home phone gets switched to phones set up in Garden City
I have lots of anti spy ware etc, it doesn’t over come a second computer as if its just aniother computer or phone for Astoria.
All banks have hackers on their staff for knowledge of protecting their own books,
The debt collector attorneys MJRFwho hid four mortgage checks no longer work at Astoria but after the time they auctioned off my two condos without owning them I learnt the computer. and saw Astoria Federal /Fidelity had won a Winstar lawsuit of $437 million for giving goodwill to The Bank mixed up in stealing my properties. I went to OTS, OCC,, Bush, Clinton Spitzer. State Judges Federal judges and finally it good reversed vacated and they lost the $437 million .
For arilyn Lane and Lms53 – I highly doubt that Astoria is hacking your computer, Marilyn nor yours either,Lms53. You both need to get a good anti-virus program, set your defaults on your firewall a little higher and a good ‘cleaner’ to scrub out the ones that are already in your hard drive! Really, getting a little bit paranoid??!!! As more and more high tech comes on the market there are more and more hackers out there who just love making you crazy for no other reason than they love it! Your typing response has little to do with ‘hackers’ and more to do with spyware and virus. And you may want to check what your keystroke speed is set on your computer, Lms53.
bobbi, it only gets slow when I respond on this website, but I do need an anti-virus. this is the only blog that I am on though. I think all of us who are on there and have made it this far thru the foreclosure process (6 years and I am not bragging) but we are knowledgeable enough to fight this long, that maybe the banks crooked attnys think they can gain something too. Sounds crazy I know but I would not put it past the banksters and their crooked attnys.
ims
I have all sorts of strange typing and my typing all over the page on my computer too but i have hackers on my computer from Astoria Federal S & L.
If u ever communicatd with bank or their attnys via email, they can hack ur email, Im sure of it. and I am not paranoid, if you are fighting them and you have valid defense, they will hack you.
something is weird, because when I type a reply, the typing gets slow and non responsive. this is what happens when I type regular:
See you cano kep up with the wds as fast a s I am typing I am not that d a typist, strang uh!
I completely filled that in for one report for equifax and equifax replied ” I” can’t get it on line and it will take 15 days to mail it to me after the receive the filled in form
– there was really no reason for that.
I have found the credit bureaus work with with all the corruption.they definitely know i argued with Capital so they side with the credit card companies..
Marilyn sorry to hear ur situation. I too have started to hate where I live and it is chases fault for all of the aggravation they have put my son and me thru. People r ruthless these days and we r living in a survival of the fittest society
thanks for the court house information. ( am not making anymore attempts to pay them, they refused cash at Capital bank. Since they know my two condos were stolen they are trying to get a claim on my properties with a judgment The asst property manager at/ the REIT i live in is a felon and trying to do the same. I went to court and won and have a roof over my head but hate it here.They all band together and know i need a credit report to get out, july I will go even if i have to be homeless. I have always paid my rent on time and they make up other issues to try and get that judgment. They intentionally put in a wacko in the downstairs apt so that i break my lease.
no shortage of dishonest people.
Another corrupt experience with a bank this morning. This time Cajpital One Credit
I was paying off a credit card I closed at a minimum amt of &$16.per month. Then they hid one
timely payment of $16 and say you now have to increase it to $32 not that i can’t i won.t
Who ever posts to stop making payments of any kind to a bank is RIGHT, you don’t get your payment credited. The thieves at the banks all keep coming up with new scams
remember Marilyn in the bible, “slave to the lender” I cant wait till Im free and my day is coming. They will keep coming up with them as long as no one is prosecuted criminally and I would not hold my breath for that.
I don’t carry any credit card debt and I have never been in debt in my life until Chase thru me into foreclosure and packed on all those bogus back fees. I always pay credit cards in full. Get rid of credit cards if you cant pay them in full. They will keep you in debt.
im in florida and the AG here is no good. Why did she fire those 2 attnys that were getting to the bottom of this mess. She is just as bad. Blackstone group is just looking for the next foreclosure victim so they can snatch up your house and rent it out on a long term lease and bundle that up and sell it. I guess they just have not learned and that’s because they are the “untouchables” criminally. I am by the beach and blackstone a/k/a Invitational homes are buying and leasing long term. Investors have driven the prices up and no decent hardworking person can afford a good house as in my area. They are trying to drive me to the “hood” to live in . They can kiss my a**. Florida Sucks. entire state is corrupt.
I hear you ! We finally learned that the banks are crooked. They accepted $6,306 from us as first payment of making homes affordable on Jan 8 2014, They sent a statement that proved monies received from my certified funds. They deny me being in program and say it is my fault for getting scammed. The Sheriff put up a eviction notice (24 hour) and I had to pay thousands to lawyer to get motion for writ of possession and motion to vacate the foreclosure sale. I have written proof they avoided me for a month up until the day the first trial payment was due at which they said, I was never in the program and now its too late anyway. We filed complaint with Florida AG, NY State Financial Services, TARP Fraud Hotline, and made a FOIA request of Us Dept of Treasury asking if our loan was part of the bailout. I will fight this with EVERY cent I have and my family has offered another $50K to fight them. I hope it is enough we have a very uphill battle. I never realized how crooked Florida , and America is. This country is OVER. America is GONE people, trust me. Gone. We are F***ED. Sincerely, Rich in Florida.
Tom how do u discover your PSA. I don’t believe there is one. How do u find out. I too had a hearing today and the judge was so nasty. I found it strange that some attny I never met recognized me and called my name and when I ask him how he knew me. He said he saw me sign in. Also the judge treated me like crap and I had my keys out and the sheriff lady told me to put them in my pocket like I would do something with them. These people are whacked and we are in the courtroom fighting are asses off to save our home and they want to intimidate us with their crooked ways. System is definitely rigged
Should complain about the judge. He is either overworked and burned out or just plain crabby. They want to intimidate and scare us away so we will give up. There were only a couple other homeowners there. We r the outsiders trying to get an inside on this unbelievably crooked process and the courts don’t want any witnesses to their crookedness so they scare u out.
This is the very reason I am suggesting that, we the people, bring this fraudulent
foreclosure practices to the Attorney General, District Attorney or even a local Sherriff because it is criminal….not civil…we must get our issues out of the civil courts…YOU CAN’T WIN…no matter what you prove!!
The 2 hour Special Set hearing in my case today was interesting….. the issues were limited to only my Motions which had been filed prior to the original Feb 7th hearing date at which time Bank of America had just substituted in Counsel, the first since Ben Ezra Katz withdrew some years ago. March 17th 2014 is the first hearing on those relatively few Motions I filed in December and January… there are still the majority of my Motions to be heard and trial is set for April 23.
ALDRIDGE CONNORS refused to appear, although I spoke to one of their attorneys I dealt with previously in the hallway and served her some materials. The Magistrate refused to grant my OSC and Motion to sanction ALDRIDGE CONNORS, who I maintain expressly and flagrantly violated Florida’s Rules of Professional Conduct, and did not obtain court, client, or previous Counsels approval to be legally considered Attorney of Record. I maintain Carlton Fields Jorden Burt may not act as co-counsel to attorneys who are not properly of record. Without ALDRIDGE CONNORS appearing, I feel my Motion for Sanctions should have been granted, but the Magistrate did not agree.
I came away with some Certiorary issues, but the most important thing was my Motion to Compel viewing of Original Evidence WAS granted, and for the FIRST TIME SINCE APRIL 2008, I WAS ABLE TO INSPECT THE ORIGINAL NOTE AND MORTGAGE !! The Magistrate and Michael Winston made it known they held ME culpable for the six year delay in my case, to which I made it known the “near hostility” of the Court was improper. The Magistrate granted my opposition to Carlton Fields trying to slip in a change of party plaintiff and left it for a triable issue, as well.
Foreclosure action filed April 2008, allowed to inspect March 2014. MY fault ? Why are the foreclosure attorneys being allowed near Carte Blanc and the banks not required to document EVERY step of the chain of ownership.
I withdrew my Motion for Judgment against Bank of America and will engage in settlement discussions with them of our issues.
The issues are simple…either my Original Lender never transferred ownership and my accord and satisfaction should be upheld by Florida’s courts, or if HSBC DID acquire ownership, I am due AFFORADBLE PAYMENTS ON ANY LEGITIMATE BALANCE STILL DUE.
One or the other.
And THEN there’s the issues of all of the banks deception, misrepresentations, and unfair conduct……… I refer all of you to read 9th Districts McCollough v Johnson et al decision a few years back ( Montana case ).
The system is rigged. My suggestion ? Discover and Document the truth and share it with each other. My pleadings and depositions will be gladly shared. Wells Fargo’s internal Manual is now online as well, I suggest you all obtain a copy. You all know how to discover your Pooling and Serving Agreements and Registered Holders, and MERS in and out materials I hope.
Documenting is something ‘they’ don’t want you to do. One reason to DO it, right ?
“They” read this ? Great !!!..now hacking my other accounts and emails is criminal, how do we prove THAT ?
Time for all of us to contact all Florida legislators and ask for legislation reining in judges and lawyers with SPECIFIC requirements…they are out of control.
Tom what can u use to prove that your note was never xferred. I definitely know mine was not but the bank always acted like they had to have investor approval which would delay any loan mod I was trying to get. It was always a stall tactic on the banks part because we all know that the plaintiff holds the note. Fannie Mae is a facade that the banks hide behind. They are LIARS.
Would be good to figure out if actually hacked or if trolls. I’ve had experience w/ possible trolls on here; people possibly posing as wanting to share info then not responding. If phone and cell phone though probably hacked or spyware.
I agree however in my case and perhaps up to 2 million other cases, chase changed the interest rates and loan terms of my loan during the transfer. title 12 u.s. banking act, says that the loan can not be changed after the transfer. now chase has made my loan per their notice from chase.com website to `11.7 percent and balloon payment of 312,000 dollars at “.7 percent. the uscfpb has know about this for months and looks the other way. allegedly. and more importantly chase has refused to turn over the old loan numbers to the federal judge in boston ma in that mdl case I posted about so all those people will not get a notice and the plaintiff attorneys gets $ 10miilion dollar alleged bride and the six other law firm s across the us trhat handled this case and the homeowners get absolutely nothing. I got so angry with Gretchen obrist of kellerrohrbach.com in seattle that I filed a complaint with the Washington state bar.
david, I also contacted one of the attnys representing the plaintiffs on this mdl suit. He was helpful at first, but I know they too were just in it for the paycheck. If the suit got as far as it did, they should somehow got them to admit to their criminal actions, but I am sure they were told to backoff and don’t make the banks admit to any wrongdoing and you will have a nice payday and again the homeowners are screwed. I had a hearing this morning and the judge talked to me like I was s***. they are all trying to put this fraud behind and move on. I hope they all rot! I hate to say it, but I really don’t expect much from this settlement either. They breached contracts, the good old American kind and it does not seem to matter to anyone.
Same here. They actually insist I’ve asked for assistance when I didn’t and then gave me an offer to “forgive” a few hundred thousand off purported debt. It had a slight catch that would have cost them less than $20,000 to resolve. Makes you wonder.
lms
March 15, 2014 at 9:58 PM
in my case they breached a hamp loan mod not one time but twice. I am sure they are going to try a way to worm out of making good on this class action too. you have to stay on top of their game.
hammertime
March 15, 2014 at 10:22 PM
Definitely. You have to question whatever doesn’t seem right even if they claim to respond or claim their acts are valid. From the first payment in ’08 I was told that a reconveyance was all that’s needed and now I’m glad I kept questioning it with Homeowner Bill of Rights 6 yrs later. Have to keep pushing even with all the problems. BTW Gov. Brown is being sued for diverting funds that should have gone to homeowners.
so you think someone is obtaining our email addresses and hacking our accounts ? Give me all the info you have !!! They don’t have to search for MY email account, I’ll give it to you and everyone….it’s reachth@yahoo.com
We can’t testify in each others matters even if we wanted to….. we have no first hand knowledge of each others matter.
The Fla AG is holding back right now waiting for more input and developments. Pam Bondi is one of the insiders along with the 4th District Court of Appeal, in trying to quash all the investigations into the wrongdoing of the banks and foreclosure mill attorneys – neither is doing very good at it, as it is out of their control in the long run. Be interesting to see who THEY have their investments with.
Bondi fired Theresa Edwards and June Clarkson because they were threatening the MERS system. PERIOD. The MERS system is intended to have the majority of homes owned by “The Collective”, and that’s why so many judges don’t want to buck the system…..it’s the system that put and keeps them where they are for the most part. That said, NO judge is ABOVE the law…we are ALL under it…it’s what drove Nixon out of office. Even the judge who threatened April Charney when she brought a reporter into court with her, could not dissuade her from doing what was right and legal. The judges don’t want to ruin our banking system, but by destroying our judicial system by blantantly and brazenly disregarding it is even worse…our banking system can be reformed into abiding by the law and the criminals replaced by law abiding bankers.
Don’t look for our 2014 Florida legislature to help, they’ve pretty much been told hands off.
It’s ALL OF THIS that we are fighting. The best way is to BRING ALL THE FACTS INTO THE OPEN and then apply the law. Simple as that.
tom, same with me, fannie mae and chase claim ownership, my note has never been sold/transferred as chase wants to claim. I have hearing on mon. I will try and pop in on yours. sounds right up my way. hope to meet you.
Are you talking to me CV4 I’d say judge Edith Millers
ruling when the two fraudulent foreclosures began
. After that I filed a petition in Federal Court in Southern District NY – case was docketed that Lane ( M.Lane) v Astoria/Fidelity had demanded and PAID for a jury trial. I have all the papers in a vault.
What we need are our Attorney Generals fighting for our Constitution. Back a while judge Edith Miller now deceased ruled for me when the bank hid my checks and when the bank made their offer she reversed herself but the NY DA was smart enough to have her retire
Tom
I went into Federal Court on a Credit type decision and Judge Louis l Stanton ruled for me and demanded i ask the bank for settlement and then when the bank came with their offer the judge reversed himself.
I guess I’ve discovered how to get rid of foreclosure mill law firms and get straight to dealing with large corporate firms. Sterns office abandoned the case he filed against me in 2008, it was picked up by ALDRIDGE CONNORS in 2012 who refused to discuss the case with me until after – surprisingly in December 2013 – setting it for trial, and thereafter switched me around to about 15 different staff attorneys until calling in the big guns at Carlton Fields (who last time managed to help me get a new apple for going after Wells Fargo).
On Monday March 17th there is a Special Set hearing to hear Motions I’ve made – including for Sanctions against ALDRIDGE CONNORS. Anyone interested can attend, although last time the public was excluded (improperly, in my humble opinion). Trial is set for the end of April, and my extensive research has turned up FASCINATING new possible crimes – including Wells Fargo maybe having forged another Assignment and possibly an endorsement… matters Feds are all of a sudden perked up about… it seems WELLS FARGO may be operating FOR THEIR OWN ACCOUNT in my matter (trying to personally obtain a windfall), which could open a massive criminal matter that COULD result in Indictments. I am pushing for the WHOLE TRUTH to come out in my matter… I didn’t think the banks or foreclosure mills wanted that, but it’s going to happen in MY case. (I AM a broadcast journalist !) With my original lender saying my loan is satisfied and they never transferred it away, Wells Fargo having obtained my original Note and Mortgage with just a simple request to the Custodian bank my lender stored it with (which could make Wells AND that institution guilty of committing financial fraud), and now nearly a half dozen entities claiming rights under my (tiny) mortgage which, if the United States Bankruptcy Court is to believed is satisfied and doesn’t exist any more, my case could just become as interesting as the Credit River decision ( you all KNOW about the Credit River decision, don’t you ???? )
That’s right Bobbi. That’s what the banks are counting on. While they never have an ending supply of money. We the average consumer do not and I have spoke to many att us and most want nothing to do with working out a solution for both. I am done with attnys. I never was involved with Mers and maintain that chase has always held my note, mtg and the servicing. This class action is it for me. If chase does not make it right. I am getting out and moving on so I can still buy while rates are good. After seven years. I have had enough sleepless nites.
Wat you’vs said above is true for the most part, except that MERS was created as a means to avert the public records and the filin fees of individual loans as assignments. MERS was created as a ‘tracking’ station for all those loans that were bundled and sold. Most of the courts have deemed that MERS is not a lender and therefore cannot own notes or mortgages but again, those other courts have allowed foreclosures filed in the name of MERS as one of the plaintiffs. Several county recorder’s offices have filed suit against MERS for the loss income from unrecorded assignments etc. The outcome I have not seen as any penalties or justification as most of the time it is settled out of court and a small pitence of what should have been paid in the way of recording fees. Unfortunately, the recorder’s offices can’t sue them on behalf of the homeowners sine they have no jurisdiction to do so. I’ve already tried using one of those cases as proof in my own case of fraud and the judge claimed it had no bearing. And, you can’t get a foreclosure case moved to a crimminal division. It’s always considered a civil suit. And if Schneiderman had such a hard time with proving fraud on the crimminal side then what are the odds that an individual fiing crimminal charges is going to stick? NONE. Schneiderman had/has much more financial resources than we as individuals have at our disposal. This is just what the bankstas are counting on anyway….drain you down until there’s nothing left and still steal your home and all by the grace of the court system!
Bobbi….I am not saying to take these foreclosure cases to criminal courts…take the FRAUD to the Grand Jury…we are victims of a CRIME….that is against the Law….falling behind on our mortgages is not criminal…..I am urging going in another direction!! That is what I have just done after loosing in the Circuit Court and now the Appeal Court…with NO OPINION offered on why?
I will keep this website aware of what happens!!
JOHN SORRENTINO
March 14, 2014 at 11:40 PM
hi you say you want to get your case into criminal court there is show on friday night randy kelton rules of radio i would love you to call into the show he has away you can get your case into criminal he has judge arrested for not accepting evidence subject matter jurisdiction let me know i would like you talk about your case let me know if your going to go on i want to listen and i bet you will be surprised on how he can give you advice to help you
@ ldynps – g to our state attorney general? Are U kidding?! Our AG (Pam Bondi) is as crimminal as the bankstas. She even had two of the other attys fired and relieved of their job b/c they opened a crimminal investigation of several law firms here in Florida. When they began uncovering the fraud, deceit, etc. they were suddenly fired! And one of those very same firms was a donor to her campaign fund. She took the settlement monies from the Mortgage Fraud Settlement Agreement (which was 50 states nationwide against 5+ major lenders) and gave it to non-profit (hahahaha) agencies geared to help those in foreclosure and the rest of the funds were grabbed up to make up the short fall in the state’s budget! Those who were harmed by the fraud never got a dime of that money. We can’t go our AG’s office for help – that’s like putting salt in the wound, but nice try for your advice. Some states (not many, but a few) have decent and honest AG’s.
You are absolutely correct Bobbi….however, that was two years ago the AG’s know more now than then. This fraud is criminal…not civil so the attention must change to go in that direction…FBI….District Attorney’s and all crime fighting departments….as long as we keep fighting in the civil courts, 99% will loose….My advice is to go in another direction, the civil courts are not helping WE THE PEOPLE….Nothing ventured, Nothing gained!!
If you have owned homes in the past, you were able to go to your bank and get a RE-FI as many of us did if we needed cash for medical issues or a new roof!! It was called a RE-FI because that’s what you were doing…REFINANCING YOUR HOME LOAN…The word MODIFICATION is a new word and the reason, in my opinion, is the bank you are asking DOES NOT ACTUALLY OWN THE LOAN and you cannot re-fi, modify, transfer, grant, assign or anything if the bank does not hold the note!…
The Bank’s created MERS in 1997 so they could bundle home loans into securitized pools of thousands of home loans (mortgage back securities) and sell those bundles to unsuspecting investors around the world. As long as the homeowners paid their mortgages, there was no problems or issues and this ILLEGAL process went on it’s merry way making more money for the banks than they ever experienced in the lifetime of being bankers!!
However…in 205-2008- shit hit the fan with the economy for whatever reasons you know or believe, ie: Reaganomics, Bush’s expensive WAR, NAFTA, outsourcing….whatever! American’s no longer had jobs to continuing paying their mortgages. When you called or went to the BANK to ask for their help, which they used to grant with no problem because that’s the way it was…you were then put into their “WEB OF DECIET” because they had no idea where your NOTE was!!! Well no shit…they bundled our valuable mortgages in with so many pools and sold them over and over again and they did this crime through their 1997 creation of MERS, WHICH IS A PAPERLESS DATA COMPUTER!!!!
So, the BANKS could no longer RE-FI loans because…now please get this straight….they don’t own the loan in order to do that any longer….
The Attorney General in Delaware, the capital of filing corporations, is Beau Biden, son of our VP, and his investigation underwent a 1 and half year time frame. He said, it took that long to come to his conclusion that…now get this cause it’s the truth…THE BANKS HAVE NO IDEA WHO OWNS THE NOTES!!! That’s why you will never get them to produce it to prove they own it and that is why they CAN’T modify a loan as it used to be….my suggestion has been to STOP faxing all your applications, electric bills, proof of income etc…they just shred it on their end because all they are doing is “sticking a pacifier in your mouth” until they can get you in court where they produce false pieces of paper into the evidence and the deal is….”THE COURTS ARE ALLOWING THEM TO DO IT”….With that said, we have lost our freedom and justice for all….Further, the banks put some 63 million loans into MERS, that’s half of all the mortgages in America and we are screwed if you are one of those 63 million victims!! We need to get these cases out of the CIVIL COURTS and into the CRIMINAL COURTS through the GRAND JURY….as long as we are fighting in courts without a Jury, we’re going nowhere fast! If JURY’S were allowed, this nightmare would be over, the banksters thrown in jail with Maydoff and our BANKING system re-designed…other than that, we are all wasting our valuable time and money fighting “the worst crime to ever be perpetrated in the UNITED STATES”…My unsolicited advice is save what money you are also wasting on Attorney’s who don’t “get it” and will not fight the Judges as they should in any other normal court proceeding because they need a good relationship with the Judges and the Courts for their own futures!! It’s worse than anything most have ever experienced as we have all been mislead to believe we have rights and freedom and justice….it’s all a lie!
At risk of being incredibly tedious and boring, and as a ‘clueless pro se litigant,’ and as one who is always alert to the opportunities of betterment of oneself, and in view of my responsibility to my readership under like duress who I presume are also of similar interests, I have been reading Blackstone’s Commentaries. These commentaries do not have the force of law anywhere in the United States, other than their widespread acceptance by people in our legal community as revelation to guiding principles in the interpretation of the intent, if any, of our legislators here in the Western Hemisphere, to continually clarify the rights of man against the rare despot or oppressor. This material should only be used in open discussion with our grand or petit juries in satisfying their curiosity and interest, or in appeal of decisions that may have relied on reversible error. To preserve your rights of appeal, be sure to raise this issue with your jurors.
“The grand and fundamental maxim of al feudal tenure is this; that all lands were originally granted out by the sovereign, and are therefore held, either mediately or immediately, of the crown. The grantor was called the proprietor, or lord; being he who retained the dominion or ultimate property of the feud or fee: and the grantee, who had only the use or possession, according to the terms of the grant, was styled the feudatory or vassal, which was only another name for the tenant or holder of the lands; though on account of the prejudices we have justly conceived against the doctrines that were afterwards grafted onto this system, we now use the word vassal opprobriously, as synonymous to slave or bondman.” -from Blackstone, Book II, Loc 8240 of 29509, Kindle, as highlighted in yellow in mine
Note the word vassal, used above as a term of apparent opprobriation. We have no slaves today, or countenance any held by others. Vassals were indeed opprobrious at the time, especially if you were one yourself. The vassals got together at Runningmede later on, and agreed with King John, by the Magna Charta, that they would be vassals no more. Maybe a little bit. A bunch of vassals voted with their feet, and went to the New World, to live free or die. They have all died by now. Prior to that, they declared to King George the Next their independence, and made their own country, with a Constitution on which we in America base all our laws currently. It has worked out fairly well, being largely well attended, with only the one War of Civility. The important thing is that, once seized from the barbarous tribes, real estate has been transferred from hand to hand for a few centuries now in an orderly and well understood manner.
Until we have now come to the Mortgage Electronic Registration System, which for instance thoroughly diminishes, debases, and disguises all definition of ownership of an acre of land in County Burnet of Texas, especially in that common early state of affairs as between a mortgagor and mortgagee. The previous owner is quit and gone; the future owner is yet to be; and the transactional cash flow is drawn and quartered to maximize the speculative yield, as much to investors in Byelorussia of a few microseconds as to a chartered Federal Depository Institution of responsible and aged counselors. There ought to be a law! In fact, there is, and it may well be unconstitutional. We have yet to judge.
Here’s a little gem from the chase class action from David Black’s post:
“Yet, Chase has modified less than a quarter of mortgages of “seriously
delinquent” borrowers; the vast majority of the balances of such mortgages are “unresolved”
with neither a modification nor a foreclosure. Olga Pierce & Paul Kiel, ProPublica, By the
Numbers: A Revealing Look at the Mortgage Mod Meltdown, Mar. 8, 2011 [hereinafter Pierce et
al., Meltdown] (analyzing Moody’s data on 300,000 subprime loans more than three months
behind, all of which currently sit in mortgage-backed securities).9 Indeed, Moody’s data reveals
that “[t]he worst [servicer] was JPMorgan Chase, where the average modification occurred 11
months after the borrower fell behind.” Id. (emphasis added).”
And we’re supposed to be the deadbeats manipulating the system.
P 76
B. Chase’s Documentation of Loan Modification Agreements and Its Accompanying
Written and Verbal Representations.
P 79
b. Repayment Agreements.
P 82
C. Chase’s Common Course of Conduct is a Result of Its Policies and Practices.
P 84
D. A Prolonged Modification Process Leads to Unfair Outcomes for Mortgagors Which
in Turn Benefit Chase.
P 85
1. Chase Profits From Increased Principal Balances and Extended Loan Terms.
P 86
2. Delaying Foreclosure is Advantageous to Chase.
P 87
3. Mortgagors Suffer Whether or Not They Are Eligible for a Modification.
hello
I tried to post this before. chase is under federal court supervision in a class action that may help all of you there in California. the website is http://www.chasemdlsettlement.com. you should have received a notice If you had an emc chase servicer in the past and has one of their fraudulent modifications like I did. chase however is not giving the court the old account numbers where the mods were done on the first and second trusts by emc bear stearns now chase home finance. if you are being foreclosed on the federal judge will stop it if you had a mod done by emc chase both before and after HAMP I and II started. good luck.
I have been fighting chase for seven years and still in my home. they are really really bad all the court docs are there for you to read.
david, have you tried to get a modification under the class action yet. the class action is multi district including florida. remember this is about chase breaching contract and they may have to go back and cure all those delinquent fees and unjustified interest. At least that’s what they call it when and if you sign a new modification and call it principal. don’t do it!
Well its been so long now I can’t remember when it al started. the 2nd NOTS is unclear to whom I owe the debt. Servicer and Trustee stonewalled me and I did not file bankruptcy in time. Servicer refused to speak to me said ” talk to the foreclosing attorney” who was the trustee . Trustee said “I will not stop the trustee sale without servicers instruction so my property was sold to a developer that had been working with servicer on short sale that I refused…. so now here I am with a fraudulent assignment from MERS to BONYM which with all the proof I sent trustee it was there fiduciary duty to postpone but they did not I warned them they would be liable which they are but I now need $7000 to pay my well known attorney to do his work to reverse /stop the trustee sale soooooo folks let me tell you you even though it is illegal , full of violations , even a back room deal of violating my privacy without a 3rd party authorization it all boils down to do you have the money it takes to bring this all in front of a Judge that has a slight idea of what the hell has happened and waste another 3-4 years of your life researching all the twists and slight of hand that BOA, BO-Banks-, Bayview, Ba-Trustees-ncial, Recont–Servicers–rust, the Robosignes etc have done ….. here is the question of the day
Who is The Bank of New York Mellon N.A. ? Do they actually exist? I cannot find them, I found BNY Mellon N.A. and The Bank of New York Mellon Corporation but I do not believe that “The Bank of New York Mellon N.A. ” ( Mortgage Loam Transfer Disclosure Notice) actually exists anybody know ?
Did you file bankruptcy prior to the trustee sale? Because it should have stopped everything until the bankruptcy was discharged, at least that is what happened in our case. The trustee in our case said almost the exact same thing to us about not stopping the sale unless instructed to by the bank. Here in Washington State we have recently noticed a shift or maybe it has been going on for awhile. It seems people are starting to go after the trustee for fraudulent practices because the trustee is a part of a law firm which not only represents the bank but the trustee as well.
Similar situation with Chase. They changed trustees after they claimed they were the “attorney in fact” and were asked to prove it but didn’t, then they claimed their lawyer was in charge of sales then they wouldn’t prove their standing and changed to another trustee. I questioned when trustee started saying they couldn’t stop sales because they were employee of Chase. I made complaints with CFPB and local officials. 2 or 3 sales stopped. I complained again after the trustee was sold and they now claim they are employed not by Chase but by banks, though they “mistakenly” answered Chase. Complaints may help when there’s a homeowner bill of rights or with new people at CFPB. But yeah they are still trying to run us down.
Bobbi
What does your attny say about transferring the loan in the middle of foreclosure process. Seems like chase wants to drag the foreclosure process out further by doing this unless the right hand doesn’t kno what the left hand is doing so to speak. I have been fighting chase as long as u have but I say chase has always been the note holder, services, the whole enchilada so they can’t pull that crap on me. They probably just want to break your bank and when the money runs out. They take the house
I have a case with Chase where they claim to be everything even on previous “paid off” loan. CA Homeowner Bill of Rights seems to have forced them to provide info with major contradictions. can reach me here if you want to compare notes elsa.carter-avpci3n@yopmail.com temp email
@ Fighting in Florida – how were you able to file for quiet title if our were still in the foreclosure process? What did the judge deny and I am assuming that the foreclosure suit was dismissed with prejudice? How were you able to get that accomplished? I have been fighting Chase since 2007. My motion to dismiss was denied. Now I have an attorney handling the case since Dec. 2013 and in the interim Chase sold the mortgage to PennyMac. It’s all such a joke!
Since the judge strongly advised Carlton Fields attorney to use their ‘considerable influence’ in offering me a Modification, it will be interesting to see what, if anything they come up with this time – Wells Fargo has a history of adding garbage fees up the Ying Yang they can’t justify ( check the latest court rulings ) and giving you only hours to think about it or it’s withdrawn.
More and more fascinating things are coming out…more after the hearing, stay tuned !
John, If Wells Fargo is NOT the original lender bank and “HOLDER” of the Note, they can’t modify anything! This is the “BIG LIE”….if your Deed Of Trust has MERS on it, the banks MUST foreclose because they destroyed the notes in order to bundle them into those illegal “pools” and sold them to unsuspecting investors around the world!! That is the CRIME and why these cases need to get out of the CIVIL COURTS and into CRIMINAL COURT. The banks must get you out and sold to someone else so they can create….”A NOTE”……If Wells was your original lender, then you need to refinance it, not modify it…who ever heard of a loan modification anyway? It’s always been called a re-fi….Carlton Fields is as underhanded as David Sterns
BEWARE!!!!!!!!!!!!!!Accredited Home Lenders Company in Chapter 11 BK.
9915 Mira Mesa Blvd., Ste. 100, San Diego, CA 92131 Company in Chapter 11 BK.
Paralegal Robert Dooley 858-805-6193 fax: 858-805-6239 (Fax sub or sw to Dooley)
Treasurer: Dave Osborn Cell 858-663-2041
ADP
Automatic Data Processing, Inc, Legal Department, Attn: Alice Quinn, 1 ADP Blvd
Talk about fraud i live in new jersey one of the stars from the real house wives of new jersey she just pleaded guilty to fraud in criminal court so let me ask you question so how is it different from what she did then what the banks are doing she lied signed made up phony documents to acquire asset what the difference between her and what the banks are doing
FINANCIAL CRIMES CONTACTS LIST – November2010 Send updates/corrections to: Paul Libassi, Investigator, San Diego County DA‘s Office paul.libassi@sdcda.org 619-531-4349 ACC Capital Holdings Corporation (Holding company for Argent Mortgage, BEWARE OF Ameriquest) Diane Tiberend, General Counsel 714-347-4799 x12271 Loan Origination files: Julie Ryan 714-347-4799 x12202 Search warrant: Argent Mortgage Company c/o ACC Capital Holdings Corporation 1100 Town & Country Rd., Suite 1200, Orange, CA 92868 Testimony re: underwriting: Stephen Newcomb is the expert on Argent policies. Can be reached thru Ryan.Send subpoena to search warrant address for body http://info.publicintelligence.net/FinancialCrimesContacts.pdf
Tom,I know that Chase was the originator and the owner, servicer and everything else that had to do with my loan. Fannieand Freddie is just a façade. Chase breached contract with me, not one but two and have stalled me ever since, knowing this class action would get them for breach of contract. I too have high powered attnys on my case now. They assign them to your particular case when they get scared. Plain and simple, they breached a contract and now they have to renegotiate with me, although I still am proceeding cautiously. Chase never made an assignment of my mortgage so they can tell me all day that some fictitious or otherwise group of investors hiding behind fannie mae own my note but I know Chase owned it from day one and still holds it. Now they want to claim fannie mae owns it because of the liability attached. Who is currently your judge in broward. I am going to call you. Maybe we can be a witness to each others case. I am going pro se until I see how this class actions pans out. also this website is being monitored. someone has got into my emails since I became a part of this website. there are some pretty sharp people networking here and we need to stick together.
All the Broward Courts allow you to see is the Docket, not the original pleadings like Pacer. It’s a waste of money, I have the up-to-date Docket and can furnish it to anyone free of charge.
My file is VERY thick, 6 or 7 volumes…then you can add another 2 inches comprised of what Carlton Fields supplied me TWO DAYS BEFORE THE TRIAL WAS TO START. This is the type of misconduct that plaintiffs attorneys and courts are engaging in, to prejudice and disadvantage Homeowners so they don’t have the right to see, OR CONTEST, what they are going to rely on.
If there is fraud in a case, that fraud stays after the case is decided one way or the other. It’s up to the Homeowner to discover and document the fraud. A judgment obtained by fraud on the court is typically unenforceable under common law and public policy, but certainly more can be done after the foreclosure. Courts are basically GUESSING the Plaintiff is the right person and the figures are correct…they know there was a loan and it wasn’t paid after a certain date – period.
They RELY on the Plaintiffs presentation…it’s a rehearsed script, they just go through the motions, so to speak ( a little humor there ).
These are the Big Boys and Girls. Unless you arm yourself to the teeth with facts, smoking-gun proof and the law, and point out to the judge WHY they have to rule in YOUR favor, the court takes the professional lawyers presentation as having done just that. If you turn to a judge and say “They didn’t do this so they can’t do that, isn’t that right Mr. Plaintiffs Attorney ?” THEY’re likely to lose just because THEY didn’t do as professional a job as YOU.
Truth SHOUTS, but if you don’t utter and SHOW the truth, it’s not going to do you a lot of good.
What’s apparent is that all the bad docs Stern and the others put before the courts is trying to be undone, and everyone in the courthouse is looking the other way, and will probably continue to do that until people get aggressive enough to file enough documents and get enough testimony to SHOW THE FRAUD THE BANKS HAVE ..and still are.. PULLING.
Now the question is, all these foreclosures that have been allowed with fraudulent documentation are supposedly nullities …which means Homeowners have recourse AFTER foreclosure, if not to get the property back, for damages… butt this again takes PREPARATION, DOCUMENTATION and a very good professional PRESENTATION to a court.
Easier, might be to try to get your facts in front of a local, state or federal Grand Jury or Attorney General who can do a lot of the work and even get orders to compel restitution, which has already been done to a small degree already.
Everyone needs to consult a SKILLED trial ( or Appellate ) attorney in their own jurisdiction who knows the ‘ropes’ and the players. Get your options. Get your “BAR” ( what YOU have to prove ).
Only then can you adequately assess your different possibilities and possible outcomes, and really KNOW the amount of effort it will take. That’s the FIRST thing they did when they decided to invent the automobile and go to the moon.
You have professionals, well educated and trained, and judges who know the game and pretty much just go along with the flow, but out there are judges and attorneys, and prosecutors, who WILL say “this isn’t right” and finally do something to stop the misconduct…… right now, they just don’t want to collapse the banking system – which it might be too late to stop.
Producing a huge pool of uninsurable homes which then can’t be sold or borrowed against is really something judges should consider and be more afraid of than going against a bank for trying to make too much money through trickery and deceit…. and committing felonies… MULTIPLE felonies… PLANNED felonies…. conspiratorial felonies.
Wonder if the people involved in all this mortgage and foreclosure fraud owed YOU money…would you go after them for it ? They’re counting on your answer being NO, and so
the beat goes on.
There’s an election in November. Have YOU talked to YOUR legislators lately ? Don’t you think you SHOULD ?? ..and turned your evidence over to LAW ENFORCEMENT ? ( keep the originals of you ever want to see them again )
Tom, come see me. I am down town Fort Lauderdale. I am NOT a lawyer but do help one or two appellate attorneys figuring out the worthwhile appealable issues in foreclosure cases.
I don’t like posting my phone number on the web because I don’t want people calling up trying to sell me junk, or clueless pro se litigants from other states. But since you are local know the first part, 9xx followed by 728 and the last four digits are 9351.
Tomorrow would be a good day. This would be a good week. Next may be crazy depending on how two different DCA’s rule.
For all those new to this struggle, what Tom has written is a very good account of what the “reality” is in regards to these foreclosure issues. We can scream Fraud and we can scream Robo Signing and a handful of other injustices but the courts are not offering any relief or ruling based on law at the moment, whether or not you supply them with the truth and documentation. This Ponzi scheme is just too big and well organized.
As to converting to a criminal proceeding: hard to do. You have to get in front of your District Attorney and show them the forgery and wire fraud in executing bogus assignments of mortgage.
You may also want to go after your state attorney general with a “Writ of Mandamus” charging them with failing to discharge their duties to protect the citizens from statewide crimes.
NO body want to be on the hook they file dirty deeds at the clerks office all the time dose anyone go to jail .They robo sign papers make up documents is that not a criminal act everything about it is fraud and the intent is to steal or acquire an asset base on fraud i wanted to fight the fight but i feel like the wind has been sucked out of me because how bad these courts are you have no chance even if you have been screwed by the banks the courts are going to look the other way i thought i had good case spent money to get my loan analyze flow chart how the the assignments were never done pay to the order of all that stuff i feel like it was waste after reading these post about the courts just pissed make me sick
So am I to understand you have NOT gone to Court yet? If you have gathered the fraudulent documents robo signed assignments and if you paid that ridiculous fee for a company to check in the SEC website to find what TRUST your loan was bundled up with, then you have evidence of fraud and at least you haven’t wasted your time in the merry go round Civil Court system… Scan whatever documents you have and keep them in a file. Please don’t walk away John…it is very upsetting, we all are going through it…Let’s just try a different direction. I attempted to file a complaint with the DA in California and they sent it back saying it was nothing they were investigating. The Attorney’s Generals in all 50 States cut a deal for the 13 billion dollars that the banks paid and we homeowners were supposed to be paid something…I got $500 for my $400,000 robbed house!! Instead, the States are using that money to fix their roads, bridges and their State debts!!!
This my friend is the worst crime to ever be perpetrated on the American people and nothing is being done….YET!!!
To get to a grand jury- Look up your local FBI office. Go there with your computer and all your supporting material printed out, and a usb stick for their convenience. Buzz the buzzer and wait for the agent. Say ‘I’m here to report ongoing criminal activity in your jurisdiction.’ Go through the metal detector and out the other side. You’re now in a peaceful little office, you can assume sound and video is in use, you don’t need to take notes. They are excellent in dealing with confidential informants, and you can discuss your situation at great length. Turn over all information you have toi date, They have 60 days, then they will inform you 1) Hey, thanks, for coming, we’re all over this, don’t worry, we’ll get ’em; or 2)Hey thanks for coming, you’re the first relator, we’ll go get thes guys, you’ll get a reward soon; or 3) Hey, thanks for coming, you’re the first relator, we wish we had more time, would you by any chance be willing to lead or participate in investigation and case building under a special prosecutor, we’ll pay expenses, you’ll get a reward whenever we get done? If you’re worried, keep your mouth shut and go in and out the back door. If you’re not worried, put everything you have up on a website for all to see, watch your unique visitors come and go, make as much noise as possible. Get ready to catch the rats.
Arizona Appellate Court Decision Finding Third Party Payment Discharges Obligor under the UCC
KATRINA PERKINS STEINBERGER, as Executor of the Estate of Charles A. Perkins, deceased, and individually, Petitioner,
v.
THE HONORABLE MICHAEL R. MCVEY, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of Maricopa, Respondent Judge,
INDYMAC MORTGAGE SERVICES, a division of ONEWEST BANK, F.S.B., a Federally Chartered Savings Bank; DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the INDYMAC INDX MORTGAGE LOAN TRUST 2005-AR14; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware Corporation; QUALITY LOAN SERVICE CORPORATION, a California Corporation, Real Parties in Interest
I always go back to paragraph nine of your note that says “endorsees” are liable under the terms of the note.
Not legal advice, just the rantings of an out-of-control Dago
READ MY LIPS:
YOU WILL NEVER HAVE A JURY IN ANY OF THESE FRAUDULENT FORECLOSURE ACTIONS!!!
In reading some of these post, I see many of you have NOT gone to Trial and if you think the fraudulent practices by the banks are unbelievable….the worst is yet to come when you walk into Trial expecting a JUDGE to understand the illegal activities the BANK has done!!! The JUDGES hear the same stories 50 times a day from frustrated homeowners seeking JUSTICE under the US Constitution…..WRONG! The Judges are totally in on it! They hear YOUR STORY over and over, every single day, yet, the side with the BANKSTERS…NO MATTER WHAT EVIDENCE YOU HAVE FILED AS PROOF………………………
I pray you people are “getting it” that if just ONE homeowner was allowed a JURY, this nightmare would be over years ago! The CIVIL Courts are as corrupt as the banks as well as the lying Lawyers that represent them….even Lawyers that you may hire will get NOWHERE….when you pay an Attorney to fight your case, all you are doing is paying that Attorney’s mortgage payment! They can’t win because the COURTS are not giving you your civil rights to a JURY TRIAL….
This unbelievable attack we are under is criminal and this illegal activity must be in a CRIMINAL COURT and out of CIVIL…..we can’t win in CIVIL!!!
Tom “gets it” and wants to bring as many FLORIDA cases to the GRAND JURY. If you are in FLORIDA and no matter what stage you are with your fraudulent foreclosure matter, please call him and get onboard. Don’t waste anymore time thinking you have proof of fraud and the Courts will “get it”…they already “got it”
We are heading in a different direction with a Grand Jury…now if that doesn’t work and the Grand Jury is as corrupt as the Civil Courts, we can kiss our American way of life “good-bye” We will become a homeless America…..elyse@gte.net
how due you get it out of civil into criminal court for grand jury please explain i feel helpless after reading your post it sucks i might as well just give them the keys to my house nj
John,
It is certainly not my intension to just give “THEM” your keys! I have always urged people to NOT LEAVE THEIR HO– USES! What I am suggesting is to educate yourselves that there is no justice in the Civil or APPEAL courts. I believe I gave TOM’S phone number for you to call so please do that…I believe we can file our Complaints to a Grand Jury Of The United States because it is a National crime in every State.
Where are you at in your case? Have you had a Trial yet? We are all in different phases of the corrupt system so please email me or Tom what your story is….we certainly hope “OTHERS” will come forward as well….we need dozens and dozens so we can get their attention!!
Don’t give up John…after 5 years I feel there is a new direction with actual JURORS!!! It’s got to happen sometime…so why not now and why not us??? elyse@gte.net
Take your victories – even small ones, that you deserve.
On February 25, 2014 an emergency hearing was set, carried over from Feb 24…the Trial was scheduled for two days later…Feb 27.
When The Law Offices of David J. Stern, bailed and abandoned the case they filed against me nearly six years later, on Feb 25 of this year, Stern’s replacement ALDRIDGE CONNORS bailed and abandoned the case as well. [ I counter sued BOTH firms. ]
They were replaced, once again, by Carlton Fields…. high powered litigation firm.
My victory was when the Judge on Tuesday turned to Michael Winston of Carlton Fields, and said ” I know this is going to upset you, Counselor, but Mr, Heinrich is entitled to have all his Motions heard and the trial set at least 45 days in advance” and set a new hearing for March 17 and the trial for April 23. My witness and document list takes PAGES. I am prepared.
At least I know how to get rid of the foreclosure mill attorneys and deal with attorneys who really are good at what they do, and teach me to be good at it, too ! And after being allowed to sue Wells Fargo de novo ( given a BRAND NEW APPLE !!!), this new judge’s seeing the light, the truth, and the law, has encouraged me that there are STILL some people that abide by the law in the judicial system.
Mr. Winston paid me a compliment, too when he said “I never thought I’d see YOU again”.
I’m hoping we can communicate well with each other and arrive at a resolution to my interesting situation where the original lender, according to the U. S. Department of Justice Trustee, is still the owner of the Note and Mortgage and has agreed that my loan is now retired and zeroed out, which MERS records show is the case as well.
Plus I’ve ALREADY GOTTEN A CHECK FROM A SETTLEMENT FUND ACKNOWLEDGING the servicing of my loan was mishandled, and can make a claim against the multi-billion $ fund Florida has been given for people like me.
The tunnel has been long and dark, but I can see a glimmer. I’ll take it !
@:ldynps. Am an activist assisting a client and her attorney. We actually got a Jury trial scheduled for later this year. You said “…SEC website to find what TRUST your loan was bundled up with..”. We located the PSA docs and 8-K filings, but do you know someone who can find the documents (insurance payouts, securities etc), highlighting the rest of the money trail? They would be paid for their efforts. Btw, thanks for all your posts!
Well I have an experience of -0- trials and right now I’m pro se. I see in the literature that -0- juries have ever had a chance to sit on a mortgage issue, I can only suppose that is because at some point the two parties reach an agreement of some sort. My required Alternative Dispute Resolution meeting with my lender was unsuccessful. I’ve just completed the mandatory 60=day period to give DOJ mandatory first right of prosecution. I have a plan to bring my own one case to trial; the only question I will have for the judge is “Where’s the Jury?”
Came across CA HBOR flyer today and it says “…the Attorney General’s Office can use a statewide grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple counties.” Anyone familiar with or interested in comparing notes?
In the many Trials I have been in from California to Florida over the past five years, no juries have ever been allowed to rule on Any of the foreclosure matters so I don’t know what your experience has been but I have DEMANDED A JURY trial and it is never granted. A jury would “get it” within the first few minutes….please share your experience other than quoting that you can receive a jury or waive it? Juries would end this corruption in a few minutes!
A jury has a wide ranging freedom of action to identify a problem, and implement a solution. My case is completely public, and all my potential jury exhibits are on my site for review by anyone. When the jury goes home, they might drive by some blighted housing that used to be owned by people and is now lender owned. They can perceive the difference. They can look at the property tax roles and see if property values are rising or falling, and if the little school can hire more or less teachers for their kids. I was thinking of taking my jury on a field trip up to Detroit one day, possibly arrange a luncheon with the mayor. I will certainly bring in some of the homeless people around Austin who used to live in houses.
ldynps
March 4, 2014 at 5:55 PM
You’ll never be allowed a jury! This is where the homeowners would have been winning…this must go to the us grand jury!
(many other entries in google, ‘right to jury trial’)
If it is not available in one venue, I think it would be a good reason to ask to change venue. Ask if the judge would like to recuse himself. Certainly grounds for appeal.
Dose this make sense on my notice of assignment sale or transfer of servicing rights your lender FGC commercial finance DBA fremont mortgage has assigned sold or transferred your mortgage your new servicer is fremont investment loan your lender dose not service loans and dose not accept payments your new servicer will start accepting payment at closing did they sell the loan to back to themselves sounds like the same company they are out of business seems like they secutarized the loan got paid and sold back to themselves as i said they went into bankruptcy then my loan was was transfer to CMS who i could not find any record at the county clerk office and now DNTB is trying to foreclose what due you think dose not smell right to me
Bobbi, I did not mean to imply that all the ones not paying are deadbeats, but there were people that bought with little or no money down and adjustable rates that once they started resetting, people were in over their head. People were not looking long term and they should have been. Frankly they should have not ever qualified, but that is part of the fraud yes. I consolidated a note into my primary when I refinanced with bankster chase. I lost 70k when I sold it, but today I am not upside down, and yes I will admit it I made a bad decision when I asked chase for a loan mod, but I thought the govt was on the homeowner’s side, wrong again. That was the vulnerable side of me, believing that the govt was there to help us, but has only helped the banks screw all of us. This entire mess is a vicious cycle and the govt is at the top of it. I understand a lot of it, but I want to stay in my home for now. I bought it with the intent to stay here till I died and now because of what the banks have done, I will probably die sooner(all the stress), but I am going to fight for as long as I can because I am a fighter and this is my son’s home as well and yes I still believe in fighting for what is right.
Tom and I also talked a while ago. Yes, these are criminal acts comparable to robbing the local convenience store at 0200 every am. If the robber makes an agreement to give the PD some donuts, he won’t even see a police car in the lot. EACH criminal, in EACH state must be identified and prosecuted. I walked in to the local FBI in my Western Texas neighborhood 60 days ago and laid out my confidential information so I wouldn’t be interfering unknowingly with an ongoing investigation; apparently I’m the first relator in my neighborhood. Read the qui tam rules and you can also earn significant reward $$$. The OCWEN consent judgment is posted on my site and is a good precedent in all 50 states that we can use since 12/13/13. We need to teach juries as we go, they are the key in the American Justice System. It works!
I have been having a discussion with a friend about this very subject. They way I put is someone needs to ask one of these judges if they can borrow the judges checkbook, sign the judges name to the check and then cash it. I would get money that doesn’t belong to me…and then what happens to me? That’s right I would be sitting in prison for forgery, etc. The fact that big banks continue to get way with these types of schemes is amazing and at the same time not surprising.
The Courts will not use a jury Dangerousdave. Had a jury been allowed, this would have been over many years ago!! We must get out of the Civil Courts…it’s criminal! I attempted to file complaints with local District Attorney, The FBI, the Department Of Justice and even our Sherriff…THEY WILL DO NOTHING!! Not one of those departments did anything…The Grand Jury and allege the banks and their attorney’s are involved in an ongoing criminal enterprise….It’s Called the Rico Act and that is our last hope!!
@ lms – your ‘to whom it may concern’ makes me believe that you don’t undertand the law. Any contract legally binding is applicable to all of the laws and statutes of the originating state. While each state has it’s own set of laws for foreclosures, it is still a contract, just like the purchase contract you signed when you bought your house. For you to enter a loan mod only gave them more power to short circuit your defenses at a later time. They did, didn’t they? And it’s all about the money; not the law. They have been able to sidewind the courts and the judges and if you stop to think about it, who is donating the most for the re-election campaigns for these judges? As the old saying goes ‘don’t smack the hand that feeds you’. I don’t believe that any of the people posting on this site are ‘deadbeats’ as you propose just because we want the court system to work WITH the laws and abide by them as well. If you were to rob and steal you would likely get jail or prison time. What’s the difference if it is done by a banker? You’re drinking the same koolaid that’s been fed by the media and government officials. Who supports both the media with financing and government elected officials on re-election? You honestly think they are going to tell you the truth? Losing your job was a product of the economic crisis, correct? And how many Americans lost their jobs from this crisis? Not their fault, right? Nobody intend to be a deadbeat and honestly I hate that word. We were all hard-working people trying to make a better place for ourseles and families. Now, we want what is constitutionally granted to us; fair treatment and adherance to all laws in the court system. Corruption, deceit, manipulation, fraud, robo-signing and the like are rampant. It’s time that whoever has the gold makes the golden rules! You don’t have to pay what you don’t owe! There was no money….ever….only paper and that paper was turned into a securitized form of a product that was sold for more $$$. If not securitized, then likely by now they are backtracking to try to comply with local/state/federal laws in order to take your home. BEWARE! Being this gulible makes you the PERFECT target.
I will repeat that these cases do not belong in the CIVIL COURTS…its not civil, it’s criminal. Go online to your STATE Attorney General and file a complaint online and then send your evidence of fraud, forgery, misrepresentation of an unknown bank attempting to steal your home etc. We are all loosing in the Civil Courts…try another direction because the Judges are siding with the banks as ordered…by who The Banks!! Go in a new direction people!!
Just had a wonderful conversation with Tom in Florida and I am writing today to urge any and ALL homeowners under attack by the criminal activity of the BANKS, in our Florida Courts and the further criminal activity of the Attorney’s who represent them to contact him so we can fight this in another way!! What is going on is CRIMINAL…NOT CIVIL!!
These criminal are winning in the Courts because we are fighting on their playground and they are in charge. We MUST bring our cases to the GRAND JURY and take this criminal activity to another playground!! The RICO ACT is defined as “an ongoing criminal activity”…this is the “tool” used to bring down the Mob and other criminal acts…
PLEASE, if you are in Florida….CALL TOM (954) 882-0009….we need dozens of cases to make an impact and to finally be heard…We need to GET OUT of the Civil Courts!! We cannot win there!! Elyse (elyse@verizon.net)
I would like to be in personal touch with as many of you as possible, ESPECIALLY IF YOU ARE IN FLORIDA as I am working on many things and you are an important piece of the puzzle !
Tom, my husband and I have been in litigation for 6 years with BAC. He wanted to speak with you to see if he is missing something here. It is true that the bank did try to make up some type of modification. But like you mentioned. We thought it was a sham not having the rights to modify something that was not theirs to begin with. They keep sending me modifications with all kinds of made up numbers on how much they feel we should own. We went for quiet title and the honest Judge denied and dismissed with prejudice. So not sure where to go from here. How does one ever get title?
The bank never lent you money…you qualified for credit and an insurance policy was paid betting you would default. The bank filed for that insurance claim and were paid in full… now they have sold your paperwork (no note or mortgage) in bundles of hundreds of thousands of other American homes selling them to unsuspecting investors around the world as security backed American mortgages! Let’s just tell it like it is shall we? Don’t leave your homes….it’s been paid for many times. Just say in folks….elyse
Florida needs to come together now because we are still high in foreclosures and something tells me with all that bad weather up north, they will be coming to steal our homes a lot faster. no really, maybe this was part of the plan because look at all the people leaving new York because of the high taxes and where do they flock to??? Floriduh!!!!
I am just wondering if anyone has seen the outcome of the Deborah H. Beaton, Plaintiff, v. JPMorgan Chase Bank N.A., et al., Defendants. Case NO: C11-0872? it was supposed to be heard on 1/6/2014, but haven’t seen any updates.
You need to learn how to use PACER !!! and of course a quick call to Counsel works.
Nearly all courts in the U.S. allow you to pull up Dockets online now, and you can always call the Court Clerks office or Judges clerk to find out what happened.
@go get them: you missed the part about wanting to pay THE REAL PARTY IN INTEREST, ENTITLED TO ENFORCE THE NOTE AS A LEGAL HOLDER IN DUE COURSE, AND THAT THE NAMED MORTGAGEE (who they will want you to re-affirm with, as there are no valid documents supporting the “alleged loan” in the first place) WILL BE ABLE TO TENDER A VALID SATISFACTION OF MORTGAGE AND SURRENDER THE MAKERS’ NOTE.
and another question: why would you want to continue to pay on the note and mortgage if there was fraud? I’m off to the 7th Circuit, and the two, make that three, prior jurists, REALLY DON’T WANT TO ACKNOWLEDGE FRAUD because they would have to put plaintiffs’ attorneys in jail. Sorry guys, it’s all fraud and racketeering at this point.
hey, you can always refi and hopefully get with a more legit mortgage co. In my case, this Chase mdl settlement is pretty much all I have left unless I file bankruptcy and I don’t have any debt except my home so I don’t think that would work too well. of course I am open to suggestions. I am done with attorneys and their bs talk.
sooooooo…. let’s help put the fraudsters in Jail ! EDUCATE THE JUDGE. DOCUMENT, DOCUMENT, DOCUMENT.
PRESENT, PRESENT, PRESENT.
You DO know how to provide the U.S. Attorney’s office, your state Attorney Generals office, and the Justice Department documents don’t you. If we don’t give it to them, who will….
Has everyone forgot this is why Grand Juries were formed ?
A son of mine was considering running for mayor of a major western city and I as an independent in a 50/50 split congressional district here in Florida with a one term incumbent in it, thought we’d get some national press as a father/son – he’s decided to wait a few more years.
I’m a behind the scenes person who likes to make things happen. I have a face for radio.
I wouldn’t mind getting 34% of the vote to collect my congressional perks (just kidding, well sort of, they ARE outrageously good !!).
But I’m dedicated in the long run to recruiting independent middle-roaders in all congressional districts and statehouses…non-partisan unaffiliated good decent people who aren’t afraid to do what’s right.
The question is, why don’t YOU run for something and I’ll help YOU, – I’ve run political campaigns on all levels before, and know a lot of people…..and even more know ME.
I like to get balls rolling, and watch them go downhill
Hi John, it was my experience that the Judges do not allow “people not involved” to remain in the Courtroom!!! Further, there was NO COURT REPORTER provided as in any other Trial (drunk driving, speeding etc) and to call around the local Court Reporters, you realize they will NOT let you hire them using the reason…”We only work for Attorney’s”….it’s an underhanded play so the Courts are siding with the Banksters knowing full well that an Appeal will never be accomplished without the Trial transcript!! There is no Justice in the Florida Foreclosure Courtrooms!!
Rock man enough (a nod to eastern eu today….fracking apart).
I am filing as friend of the court against met life bank….rust consulting..ringert law…
Your outline…incl wld wld west label is dead on…add my experience in boise idaho…fed judge is mayor’s brother….he dialed in 20 min late…the judge not the big guy. Yeah I was there w $60,000 in checks…..no dice….I was a deadbeat in his eyes, I mean ears. Federal court….look it up…get the play by play…..MetLife Bank v. Trevor D Hitchin….will post once I purchase. Pce all..777
You’re dreaming if you think you’ll get anywhere doing this kind of crap. Litigate, litigate, litigate, that’s all they understand. No good faith bargaining, no admittance to fraud, look up “over-servicing”, The money they spend on lawyers is not their own. The judges are indeed instructed to cock-block every homeowner at the door, and it starts with the procedural bushwhacking that bypasses your evidentiary hearing. Judges in Wisconsin are writing law from the bench. They don’t want to hear the law that is already on the books. We’ve charged the lawyers with forgery, fraud, racketeering, and the judges say “you can’t challenge the endorsement stamped on your note 7 years too late”.
going on 6 years of fighting foreclosure fraud. welcome to the wild west.
As Heinrich said we need to work together as this blog and others have tried to get us to do at some level. Besides litigation the worst thing for the banks is bad publicity. It’s the main way we got help for veterans and homeowner bill of rights. We have to all weigh out our situation individually but the more pressure we put on public officials, the courts and anyone we can will make a difference and show black isn’t white. Glaski in CA and Romero in NM are good examples.
Courts are issuing UNENFORCEABLE judgments…they do it ALL THE TIME and violate the Canons of Judicial Conduct…. they figure few, if any, will challenge what they do*, but a judgment obtained by fraud is NO GOOD, period…you just have to PROVE THE FRAUD.
So once an assignment or endorsement appears .. IT’S DISCOVERY TIME !!!!
Forensic examination and testimony by the correct people involved FIRST HAND in how and who did what should get them heading for the doors…these are FEDERAL AND STATE CRIMINAL ACTS of manufacturing fraudulent financial documents. Time to head to a Grand Jury near you ! A judgment of forgery should do the trick.
Foreclosures completed YEARS ago can be attacked and declared improper and overturned.
* ATTORNEYS have to work with these bad judges and their kin in the judiciary, so judges intimidate them from being too assertive. The antidote for this is to MOTION, MOTION, MOTION and get specific findings of facts and conclusions of law…things that are overturn-able.** Facts and conclusions can be found to have been wrong, you JUST CAN’T REMAIN SILENT, or you assure you’ll lose.. They know that – it’s a VERY corrupt system, third world justice or even worse.
** When you find and prove the fraud, you have a WHOLE NEW SET OF PEOPLE TO SUE.
The judiciary is being destroyed by the courts being afraid they will spawn a complete meltdown of our financial system…..they KNOW they are giving windfalls to un-deserving plaintiffs..it’s up to YOU to stop it in each individual case – some judges will actually respect you and silently cheer you on, they’re not all bad…they’re just caught in a crisis I think most would like a way out of… there’s not a judge out there that doesn’t know that consumers are getting screwed left and right…they went to law school..they KNOW, believe me, they KNOW..
To whom it may concern, I consider myself a responsible homeowner that is not looking for a freeride of anykind. I took out a mortgage and paid a fair price for my home. Today, I am no longer upside down. However, when the financial crisis happened, I became unemployed and could no longer afford my payment but I immediately tried to work out something with my bank and I thought I did. I am a part of this Chase multi district settlement. I worked hard to get a modification in 2010 and thought I had secured one only for the bank to renege on it 6 months later over some ridiculous reason, claiming the permanent modification documents were never uploaded in the system, what a load of crap. Listen people you can claim fraudulent documents all day long, but we all have to pay someone so may I suggest if you are going in the courtroom claiming you are not paying because of fraudulent document ( which I know there are, but you still have to pay), your argument should be that you want to pay, but you need a reasonable workout. Forget about lawyers, their mindset is to drive you thru the foreclosure process and get their 500 per month until they are done, then you are out a house and your money. Wake up people and stop complaining about fraudulent documents. If you want to stay in your home, keep working on a payment plan and get in front of the judge. Don’t be a deadbeat unless you want out!
am trying to post about a major settlement with chase bank about fraudulent modifcations. this is a nationwide multi district litigation. the court docs at the website below list the law firms that may cover your state. this settlement offer from chase includes immediate stopping of any foreclosure action . however it seems allegedly because it was done to me that chase home finance changed all of the old account numbers in april 2011 beginning with 002 for your bear stearns predatory loans including both first and second mortgages and created new loan numbers with higher interest rates and loan terms which is a violation of title 12 of us federal banking law. the transferred loans must have the same terms
the point being that chase is not giving the federal district court of boston the old account numbers going back to 1999 or to the settlement administrator or the law firms to send out your notices.
please join me in giving the court due notice about this as well as the law firms and the settlement administrator. the court order demands all account numbers old and new to be notified. chase has not sent me my notice and possibly up t o two million other homeowners like me in Washington state and throughout the U.S.
http://www.chasemdlsettlement.com has all the court docs in pdf format and the first one has all seven law firms listed. this case was initially entered into federal court in Yakima wa. as a class action under the federal fair debt collection practices act and then consolidated with seven other cases across the u.s. by the MDL committee In new York of the federal courts
the point being this class action had monetary claims as a FDCPA case. but the federal judges changed it to and MDL case with no monetary settlement at all and chase is offering yet again another alleged fraudulent modification with dual trackng as required by the federal reserve regulation that says mods must be able to pass the net present value model and actual value models computer software in order to be approved for a mod and if not able to then dual tracking is allowed and fraudclosure commences
NONE OF THE DISBLED VETERANS WITH OLD ACCOUNT NUMBERS THAT WER ECHANED BY CHASE ALLEGEDLY FROM APRIL 2011 TO OCT 2011 WILL EVER GET A NOTICE . ONLY THOSE WITH NEW ACCOUNT NUMBERS. THIS CASE COVERS BOTH HAMP MODS I AND II AS WELL AS INHO– USE NON HAMP MODS BACK TO THE BEGINNING OF BEAR STEARNS AND EMC MORTGAGE NOW EMC CHASE OUT OF LEWINSVILLE TEXAS.
WE HAVE ALL BEEN SOLD OUT ALLEGEDLY BY THE COURTS AND THE LAWYERS WHO WILL GET $ 10 MIILION IN FEES WHILE THE VICTIMS OF EMC CHASE FRAUDULENT MODIFCATIONS GET NOTHING.
THIS CASE SHOULD HAVE NEVER BEEN CHANGED TO A MDL CASE FROM A CLASS ACTION CASE UNDER FFDCPA CASE WHERE A MONETARY CLAIM IN THE BILLIONS COULD HAVE BEEN ESTABLISHED. CASES LIKE THIS WERE WON IN FEDERAL COURT IN TACOMA WA FROM ARI BROWN ATTORNEY AT HAGENS AND BERMAN LAW FIRM IN TACOMA WA.
GO FIGURE WHY IT WAS MOVED TO BOSTON AND CHANGED TO AN MDL WITH NO MONETARY CLAIM.
IF YOU HAVE ALREADY FORELOSED ON YOU ARE OUT OF THIS SETTLEMENT.
Hello, I received a notice claiming I am a part of this latest class action, I refinance with chase back in late 2006, but my loan # has always been the same since I made the BIG mistake of refinancing with Chase. I am hoping for new modification and a lot of principal forgiveness.
I am just wondering if you have seen the outcome of the Deborah H. Beaton, Plaintiff, v. JPMorgan Chase Bank N.A., et al., Defendants. Case NO: C11-0872? it was supposed to be heard on 1/6/2014, but haven’t seen any updates.
david, are you a part of this mdl settlement and have you tried to get a modification since you were identified as a member of this settlement. I spoke with one of the attorneys, Gary Klein that is representing the plaintiffs (Us) and he was very nice and helpful and told me that foreclosure proceedings should stop if you are trying to get a modification, also according to the settlement, this is supposed to cure delinquency. Wargo French are the attorneys for Chase on my foreclosure and they are still proceeding with foreclosure and the way I see it , a federal lawsuit should take precedence over the corrupt broward county courts and I FULLY intend to bring this to the courtroom with me and make the judge aware.
DAVID, HAVE YOU TRIED TO GET A MODIFICATION SINCE THIS MDL LAWSUIT? THEY ARE SUPPOSED TO GET RID OF DELINQUENCIES WHICH COULD MEAN BIG BUCKS. I TOO AM PART OF THISSETTLEMENT. WE CAN ONLY HOPE!
david, they did the same thing to the homeowners with GMAC/ResCap/ALLY bankruptcy. Claims could be over 10 billion, they put $54 million in the Borrowers fund, something like that.
How is it that Bayview Loan Servicing had a trustee sale for my property im 2012 with BONYM I stopped that one andthen15 months later thy file another one trustee orps tells me my creditor is Freddie Mac THERE IS NO WAY I CALL Freddie mAC no THEY DO NOT HAVE MY LOAN Bayview fabricated the creditor after sending assignment of deed of trust (5 years after trust closing date it is robosigned sent trustee signature sheey with 8 SIGNATURES sent a bunch of fraud and they still sold my house I have lived in 17 years to who? for what? Come on this is sck. Servicer would not tell me anything trustee would not stop the sale then sale price drops from$255,000 to $190,000 well somebody made some $$ today what a rip off does anyone know where to go from here? certainly not the government certainly not our representatives so who?
Tom- Judges love precedent. Since 13 December 2013, when Ocwen entered into consent judgment in Federal District Court with all 50 State Attorneys General, we now have common law precedent for a pretty wide variety of abuse. I’ve posted the Ocwen judgment on my site, phhmortgagemustbedestroyed.weebly.com for convenience of anyone interested. A lot of reference material on David Stern is also posted as illustration of other bad habits that are now recognized as fraudulent. 🙂
For those who do not know, I have been in the real estate and mortgage industries since 1965, and for many years produced and hosted a weekly radio program called REAL ESTATE FINANCING TODAY on the Money Radio Network that Buzz Schwartz founded, which Buzz sold…. (and it subsequently went defunct under the new [Chinese] owners !).
I am a zealous advocate for justice, having taken on my own industry in the late 1960’s which led to outlawing discrimination in lending. The term REDLINING was coined in my offices with a map that a Savings and Loan rep took a red marking pen to, going street by street to outline where they no longer would lend due to the influx of minorities.
Taylor Hackford and PBS approached me to do a documentary, which was used by Congress to federally outlaw what California, my home state at the time, was the first to make a crime.
NBC followed suit. My original lender was PEOPLES CHOICE HOME LOAN. Dateline NBC has done a bang-up job in a fairly recent documentary that featured them. Look it up, it has great info in it on things, ahem.
I have reported and written articles on legal matters since I was in high school. I read Appellate decisions every day. Now that I am retired, this has become my first love ( after my wife and kids and their families, of course ! )
I have become a bit of a Legend in the Broward County, Florida judicial system – having just sued the judges and staff for misconduct. I have also sued the law firm ALDRIDGE CONNORS that took over from The Law Offices of David J. Stern, who originally sued me for foreclosure just before my supposed new loan terms were set to kick in back in March of 2008 – but who then abandoned the case. I have also sued The Law Offices of David J. Stern and Stern himself ( who now is involved in a Hamburger chain BTW – not flipping them like he did other things, before he got disbarred …which took WAYYYYYY too long, but that’s another story I can give you all the inside poop on, which is exactly what it was)..
Now guess who’s back in the lawsuit. ALDRIDGE CONNORS has brought in the prestigious corporate firm CARLTON FIELDS, and assigned Michael Winston – who defended WELLS FARGO when I sued them at the time David Stern filed his foreclosure suit against me, and whom WELLS FARGO paid boucuotte bucks to, only to have the courts, including Florida’s Fourth District Court of Appeal, uphold my Unprecludable Right To File A New Action Against WELLS. [ “4D” did not want it worded “Judicially Precise” however when I asked them to remand it for proper wording…interesting. I guess convoluted is OK in Florida’s courts ! ] You can’t be TOO upset when the courts hand you a brand new apple ‘tho, can you !!!
Michael also, as part of his defending against my action, filed the infamous “AMERICAS SERVICING COMPANY IS A DBA OF WELLS FARGO BANK, N.A., WITH NO SEPARATE EXISTANCE OF ITS OWN” in my lawsuit – which of course I got to as many people as I could and they came down (semi)hard on WELLS and now require them to identify ASC as a dba of WELLS FARGO
( ASC are Wells Employees in Wells buildings on Wells phones at Wells desks getting Wells paychecks – I do good research, huh !! The OCC refused to accept complaints against WELLS for what they did using their bogus “ASC” alias…collusion anyone ??? ).
Anyway, it seems when ALDRIDGE CONNORS surprisingly set my case for trial for Feb 27, 2014 in December 2013 and I filed numerous Motions which were set for a Special Set hearing on Feb 7th, on Feb 7th the hearing was moved to Feb 24th, 3 days before the Trial !! However, instead of giving me a judge-signed Order of the continuance, right through Feb 24th the Court refused to GIVE me the Order resetting it…AND refused me my right to LOOK AT THE FILE !! On Feb 24th, the court THEN set it for the FOLLOWING day, Feb 25th, TWO days before Trial.. I still had not been allowed to see the evidence and exhibits Stern and ALDRIDGE CONNORS kept from me since March 2008.
Michael Winston and I spent all Tuesday afternoon in the Broward Circuit Court. The Judge finally reset the evidentiary and Motion hearing for March 17th and Trial for April 23rd, however the Judge STRONGLY suggested Michael ( a very brilliant Appellate lawyer, published and respected in Florida ), recommend to his client they make me an offer.
We’ll see.
I had a Court Reporter at the lengthy Feb 25 hearing if anyone is interested to seeing what being before a judge and arguing a matter is all about.
I would LOVE to discuss and share what’s going on with anyone who’s interested. This is a war of economics and the battlefield is the court system FOR NOW…it’s PLANTED with land mines for self-represented, however you need to know how its played or you lose…its rigged against you. The REAL battle will be law enforcement, legislators, and Grand Juries. We can help it along by sharing…[ after all, “THEY” are super-organized, why shouldn’t WE ]
Anyone who wants to get in touch with me can do so at reachth@yahoo.com
Tom Heinrich
March 1, 2014 at 1:41 AM
BTW, planting certain words in ANYTHING you post or send over the web gets you into the Homeland Security intel system, so I just want to say HI to my friends in Homeland Security and remind them to keep track of EVERYTHING having to do with the International Banking Cartel’s games and pass it around, ok guys ( n gals) ?
We’re going to win this one for the Gipper
Is everyone working with law enforcement ? You should be.
I closed my loan with ameriquest. Mers assigned my loan to ameriquest who then assigned it to XYZ Bank as trustee for the sandwich trust.. But when i check the MERS site my loan is owned by a different investor. Also When Mers Assigned the mortgage is was notarized but never signed by the VP of MERS.How will a judge handle this. I have been in court for 5 yrs now and my lawyer does not think we have a case. I am located in pinellas county
Bill call me. I am NOT a lawyer but a similar thing happened in my case. The regulars on on Foreclosure Hamlet or Foreclosure Warriors can put you in touch with me. I just don’t want to publish my phone number on a public board.
Bill….I too have same issues in Pinellas with Judge Campbell. Will you give me a call as I fought for 4 years and all the fraud was swept under the rug and MERS is well known by the Judges!! It doesn’t matter, however…laws are being broken, people are having their homes stolen in the courtrooms and NO ONE IS STOPPING THEM…The courts are a joke…elyse@gte.net
lms53
March 2, 2014 at 12:13 PM
To Whom It May concern: if you want to save your home, go to the judge and tell him that. If you have the ability to pay, but don’t claim the fraudulent document defense because bottom line is if you don’t pay, you will not stay. The best strategy is to offer to pay. Force the bank to negotiate a workout and do it in front of the judge. They already know that the paperwork is fraudulent and they don’t care, the judge’s job is to push these foreclosures thru and clear their dockets. Forget about getting a lawyer to defend you because you will end up without your money and a house to live in. Who is going to fight harder for your home than you! Now go get them!!
If you were a judge, and someone came to you and said “I lent this person $xx,xxx and now he won’t pay me back”, you’d be inclined to order the person to pay him back or order his property sold and that money given to the person that lent the money, would you not ? Judges are not concerned with WHO should get the money, just that SOMEBODY gets the money.
Understanding that, courts frown on attorneys and borrowers who delay the inevitable, and they don’t like THAT, either.
But some of us have different circumstances, and sometimes those circumstances wind up that WE’RE the ones that should get money because of what other people did to us.
In my case, the original Note and Mortgage were illegally removed from the lenders custodial bank. Guess who got them… WELLS FARGO. When they arrived they must have assumed they should start servicing the loan, so they told me to send the payments to THEM. My actual lender never notified me, as they were required to do by law, but I trusted I should send the payments to “Americas Servicing Company.” Little did I know it was Wells Fargo using an unregistered name to hide the fact it was Wells Fargo. When I sued Wells, their attorney, Michael Winston with Carlton Fields filed with the court ‘AMERICAS SERVICING COMPANY is a DBA of Wells Fargo Bank N.A.’ and it changed the way Wells does business, and got state and federal regulators looking at them for servicing fraud. They’re still looking.
When I was told my loan was being made into a fixed rate loan for the remainder of the term, and it turned out Wells Fargo was absolutely lying to me to induce me to default ( ‘your next payment is in three months to allow us to do the paperwork but you’ll remain Paid As Agreed because you’re following our directions’), and then filed a foreclosure BEFORE the next payment was due, I called the original lender and they were livid. We reached Accord and Satisfaction, and I no longer own them a penny. But that didn’t stop Wells Fargo…they saw they could get my property or the equity in it for themselves and saw those dollar signs, which blinded them. Trouble is, their lawyer filed in the name of HSBC, which never had an interest in the loan, …ever !
So their lawyer, David J Stern, tried to cover their mistake apparently by preparing and recording an “Assignment to HSBC” and recorded it THREE MONTHS after they filed the foreclosure in the name of HSBC, and then abandoned the foreclosure !!! Meanwhile my original lender confirms they never transferred the loan away and that I do not owe any money under it. MERS has even relinquished their role as Nominee and it shows in MERS records as “Inactive”.
That didn’t stop the new law firm, ALDRIDGE CONNORS, who could have picked up the phone and confirmed these facts and then simply dismissed their foreclosure action against me.
There are five things I really enjoy doing: 1) research and documenting, 2) talking with judges,
3) talking with law enforcement, 4) talking with legislators and regulators, and 5) talking with Media. (and giving people documentation)
Along the way, I constantly make lists of things people did wrong. I document it.
Most homeowners will be told by a judge after they lose, “You just didn’t do a good enough job.”
I like it when a judge tells me, “I agree with you.” It should be some of these BANKS that should be told “You didn’t do a good enough job.” That should be every homeowner’s (with a legitimate right to be given a remedy from the court) goal.
I have had outrageous things happen that would fill a book in my case. My case file is already THICKER than a book. Remember, I sued Wells Fargo and the court gave me the unprecludable right to file against them de novo.
My case is Broward County Circuit Court Case CACE 08018999. You can pull up the Docket. You will find I have just sued and asked for sanctions against ALDRIDGE CONNORS. You will also see I have just sued the Justices and Court Staff of the 17th Judicial District..it seems I had a hearing set for February 7, 2014…I was there with my Court Reporter (ALWAYS have a court reporter and Notary with you at all times !)..the Magistrate continued it to Feb 24, THREE DAYS before the trial…the problem is, no one can give me that Court Order and the hearing for the 24th doesn’t appear AYWHERE. I was ready to petition for a Writ of Certiorary, but the court set another hearing for April 7th, just today.
This is rather preposterous to have been held hostage in limbo for SEVEN YEARS. That seven years has been spent reading Appellate decisions and writing, researching, and investigating. Wells Fargo inadvertently gave me the impetus to discover their dirty secrets, and how to document and present the whole truth to people.
I WANT the truth to come out. It WILL be published !!! I am not done litigating when my case concludes There are lawyers and Banksters to go after and reveal THEIR truth, too..and hopefully get money and prosecutions out of it ….and a banking and judicial system that isn’t as savage and corrupt as it is today. And they are. You should SEE my witness and Exhibit list.
I have also asked for the right to walk into any courtroom in Broward County and video record the proceedings … and to have my foreclosure case heard simultaneously before the judge while MY lawsuits are simultaneously being heard by a jury because the testimony is the same for all matters. Do you see some interesting Appellate decisions coming up ?
I would have thought they would have voluntarily dismissed the foreclosure case against me by now….after all, how can you foreclose a satisfied mortgage in the name of a bank who ADMITS they don’t have any interest in the loan and don’t have a single penny coming.
This case will test the banking and judicial systems, who really are apparently in a state of chaos and disarray.
Point this out to judges, law enforcement and regulators, legislators, and the media. Dig, dig, dig, and get your witnesses and Evidence lined up…and read up on the latest law and be prepared to quote it as to how it relates to the ultimate facts of your case. I’m expecting my trial NOT to be short circuited and to take at least six days… all on video.
I recommend everyone sit in on court cases and take notes… and be prepared to be shocked.
Oh, and the very latest is APPARENTLY WELLS FARGO HAS ASSIGNED THEIR SERVICING TO ALDRIDGE CONNOS, apparently trying to stick THEM with the entire liability
or my being wrongfully sued .. however it appears that the Minneapolis Wells Fargo staff is doing some document fabricating of their own…like a SECOND ASSIGNMENT PREPARED IN 2012 SAYING THE ASSIGNMENT IN 2008 WAS WRONG.
I disagree even if your in default the burden of proof is on them if an entity wants to collect on a debt they must own the debt and if that entity is claiming ownership by the way of assignment the assignment must be perfected and valid the judge should follow the law so if your loan was securitized there 80 percent chancethat they did not follow the 90 day rule beyond the 90 days its void at its inception how about the millions of homes they did not own or show clear title and wrongfully foreclosed on
I have a similar nightmare with Chase at least in terms of runaround, manipulation and years this nightmare has lasted.
Completely agree with your approach and have practiced it as much as possible without a lawyer. Don’t know how enjoyable it is but it could be the attitude we need to fight for accountability and to save our democracy and not just our homes.
Will review your case if I can track it down and hopefully we’ll be in touch and can brainstorm.
Tom Heinrich
March 1, 2014 at 1:47 AM
Here’s their little trick…it’s being used by MOST big businesses today:
1) VEX
2) VEX
3) VEX
4) VEX
5) VEX
everything YOU do should turn into an Affidavit and Discovery Request !!!
hammertime
March 1, 2014 at 6:12 PM
@ Tom – not in court but have used QWR’s, CFPB and CA Homeowner Bill of Rights to extract info these past months I haven’t been able to get the past 6 yrs. Struggling to get legal aid, settlement enforced which I’m going through channels on. Will be in touch if email is working.
Tom I venture to guess that I am going through the same issue. I could never figure out how we started paying America Servicing Co, could be that we got something saying to pay them but I don’t remember. That being said, I got a notice of intent to foreclose a couple of days ago. It says that Mortgage Lenders Network is the creditor, who was the lenders that we closed with originally. What I have been able to find out at this point is that Mortgage Lenders Network no. Also the loan is securitized so I really don’t understand how MLN can be the creditor even they were still in existence. Also the last Deed of Trust that was recorded was done in 2013, but we closed back in 2006, and they missed depositing the loan into the trust. So my case is similar to that of Glaski vs BOA and a lot other out there. I would like to compare notes sometime if possible. Thanks
Tom Heinrich
March 1, 2014 at 2:47 AM
You bet !!! anytime !
Everyone needs to go on a RELENTLESS defense AND offense.
Understand, the Banksters ran most of their originating shills out of business to bury evidence, however, if MLN is bankrupt…GET INTO THE BANKRUPTCY RECORDS asap !!!
Chances are good Wells in anticipation of getting some money out of this, just started servicing without you EVER getting noticed by MLN (REQUIRED !!!!)
WELLS makes HUGE sums by getting, and KEEPING, you in foreclosure.
REF– USE to speak with minimum wage CLERKS READING SCRIPTS !!!
Here’s the big honchos at WELLS:
John G. Stumpf, Chairman, President and Chief Executive Officer
James M. Strother, Senior EVP, General Counsel
Timothy J. Sloan, Senior EVP, Chief Financial Officer
Richard D. Levy, EVP, Controller
Michael J. Heid, EVP, Home Lending
Patricia R. Callahan, Senior EVP, Chief Administrative Officer
Michael J. Loughlin, Senior EVP and Chief Risk Officer
David A. Hoyt, Senior EVP, Wholesale Banking
Avid Modjtabai, Senior EVP, Consumer Lending
Send Stumpf and Strother CERTIFIED LETTERS PERSONAL DELIVERY !!
I’d title everyone QUALIFIED WRITTEN REQUEST ( educate yourself on it )
request having an ATTORNEY inside Wells as your SOLE CONTACT and you want a response within ten days
Remind them they are subject to both STATE AND FEDERAL UDTPA and FDCPA
send a copy to your Attorney General, US Representaive and BOTH US Senators and that you want them to intervene for you
TELL WELLS WHAT YOU WANT…they JUST might give it to you…if WELLS goes out of business, they will have done it themselves…by creating a massive number of civil lawsuits and criminal prosecutions
but you know what ? maybe Kovachavik, Stumph and Strother have made SO much money, they just might love to take a break from the morass they have created, I mean WHY WORK when you can enjoy your riches WITHOUT WORKING
oh, here’s their address:
1 HOME CAMPUS
DES MOINES IA 50328-0001
here’s a few numbers, I have NO IDEA which are still working
( always take NOTES while you’re talking to them – THEY are !!!! )
515 213-5192
515 243-8137
515 221-7300
515-564-3075
you want to test their FAX ?? try 515-213-6562
oh yes, I’d send a copy, regular mail, to the 2014 Board of Directors President Jon Kurth
I HOME CAMPUS
West Des Moines, IA 50328.
Phone: 515-213-6424
Email: jonkurth@wellsfargo.com
even BETTER…make THEM pay for it…take it to ANY Wells Fargo office…..ANY
and just address it simply to MAC X2401-057
..that’s there internal overnight delivery system, didn’t know they had their own private postal service did you, or that they OWN thousands of businesses…including PRIVATE PRISONS
Wells has a lot of this work done by their Wells Fargo Home Mortgage division (WFHM)
THEIR internal address is MAC X2409-01F..you might just want to send it both plaes and see who gets back to you faster and ask THEM which one they want you to use.
oh yes…just for the heck of it, lets see if we can catch the OCC in destroying more complaints about Wells Fargo, – send a complaint to the OCC via their website
and copy the federal reserve and department of justice, too
starting at the top works better than starting at the bottom
and consider an Injunctive suit pre-emptively…speak to a trial attorney about that first
REMINDER – the program will start at 11:00 am EST (sorry West Coast – either an early wake up call or you can listen to the archives)
Join us on Sunday, February 9th at 11:00 am EST:
CALL-IN studio number or to listen via phone: (646) 716-5461
11:00 am EST: John O’Brien, MA Southern Essex District Register of Deeds and his First Assistant Kevin Harvey – to discuss the impact of foreclosure fraud on our county records.
Register O’Brien:”People need to know that this is not a Democrat or Republican issue! It is an American issue; one that strikes at the very backbone of our country – people’s property rights; and to make deals and turn a blind eye to fraud is awful!”
12:00 pm EST: Larry Doyle, a Wall Street veteran, and an author of the recently published book, “In Bed with Wall Street”.
Larry:”This revolving door and the corruption that goes along with it is one of the only — if not the only — issues that the overwhelming percentage of people in our nation both understand and agree on as being a HUGE problem.”
John O’Brien, MA Southern Essex District Register of Deeds and his First Assistant Kevin Harvey – to discuss the impact of foreclosure fraud on our county records. Register O’Brien:”People need to know that this is not a Democrat or Republican issue! It is an American issue; one that strikes at the very backbone of our country – people’s property rights; and to make deals and turn a blind eye to fraud is awful!”
I am not sure what blog radio is? how do i get to be able to listen to John O’Brien Sunday? Thanks.
ohioan
February 8, 2014 at 10:57 AM
Click on the link and it will take you to a page the will show you details of the program and the player that will let you listen to the broadcast. There is also a call in number listed on that page.
My foreclosure action was filed in March 2008, abandoned by Stern, then picked up by Aldridge Connors in 2012 who waited until December 2013 to surprise set it for trial Feb 27, 2014 without as much as looking at the file – which is voluminous, partially due to my having filed suit against Wells Fargo which the court granted me leave to file de novo as a separate action on.
Now I discover they have SERIOUS fraudulent documents which they won’t let me see, so I have a one hour special set hearing for sanctions, for orders to compel, and expand my discovery for Friday Feb 7, 2014, in courtroom 517 at 11a.m. if anyone wants to make it.
MERS has removed itself as nominee and its been over five years since my alleged default, at the hands of Wells Fargo having instructed me my next payment was April 1, 2008 and then filing forclosure before that – which led an investigation that my loan never transferred away from my original lender, who settled with me and there is no balance remaining or any payments past due…plus MERS clearly shows the party Stern sued me under has and never had an interest in the Note or Mortgage, and MERS has even removed itself as Nominee to act under my Mortgage. Stern committed fraud on the court and Aldridge Connors decided they could fix that with even more fraud and a sham trial by ambush !!!
As to government agencies not being interested, that’s patently untrue. The FBI, Justice Department, Broward Sheriff’s Economic Crimes Unit and Florida AG’s office have all been very very co-operative, and I don’t know if YOU ALL KNOW THIS, but much documentation they have is readily available, as are depos, interrogs, admissions, affidavits, and sworn testimony from any other case in any part of the Country…there’s 14 cases worth just that the Fla AG’s office has on just Stern alone.
Turns out Wells Fargo stole my original Note and Mortgage, my loan never made it into any security, and WELLS HAS BEEN TRYING TO GET MY PROPERTY OR CASH FROM A SALE FOR ITS OWN POCKET – MAJOR CRIMINAL RACKETEERING. My case is being made into a Documentary, and FYI any judgment obtained by fraud is void or voidable.
My case is CACE 08-018999 ( HSBC v Heinrich, Broward Circuit Court ). I LOVE to talk to judges, law enforcement and the media, and dig, dig, dig and then present it… Wells is a bigtime criminal in my book for what it has and CONTINUES to do – they have violated their settlements with the government and should be closed, and have done themselves in on my case by continuing to commit more and more fraud and now making Aldridge Connors the new David J Stern.
If you find a violation, you must do all in your power to put it before everyone you can find.
Schneiderman of NY and Harris of California and a few others are preparing new actions and will work with you as they are building racketeering action against Wells which hopefully will lead to Federal Grand Jury criminal indictments. A number of South Florida judges are under investigation for aiding and abetting financial fraud in granting undeserving parties foreclosure.
Know the law, know the facts, and know how and to whom to present it, and DON’T LET ANY COURT disobey the law and allow forged documents and non-proven chains of title to the Beneficial Rights, Title, and Interest in the Note and Mortgage be used to base a bogus foreclosure judgment… its done all the time because the judge and foreclosure mill attorneys think they won’t get caught …but the halls of the courtrooms are full of eyes these days, and this story is FAR from over.
Tom, Since you are in Fort Lauderdale, (and Broward is a tough county for Foreclosure), I might be able to help a bit. You are close enough for us to meet for coffee and review your file. Contact me through Foreclosure warriors, or Foreclosure Hamlet. The locals there know, or should know, how to put you directly in touch with me.
Congrats on your personal success and strength to continue to fight. Most people however have had little progress in the way Courts continue to rule. We can try to educate a Judge that the pooling of Mortgages into another investment form changes the ability to foreclose on those properties or that fraudulent signatures void a Mortgage Assignment but it has not resulted into consistent rulings favoring the Homeowners. We all realize we owe a mortgage but it doesn’t give the Banks and the Servicers or their unethical lawyers the right to attempt to foreclose, pile on huge fees or create fraudulent documents where it is not done in accordance with the law.
The truth seems to be that the for years Banks built their own Ponzi scheme investments with our Mortgages and when they were called on them had no choice but to attempt to backpedal and create as much revenue and chaos by attempting to foreclose on properties as well as add trillions in fees of all kind. I’m sure the flowchart on their walls is well mapped with the step by step process, with law firm names, servicers, insurance companies, etc.
Why all the unwillingness to Mod a homeowner who owes a balance when you are compensated for those programs and lose zero?? Because you get paid 2 to 3 times the balance on your books by foreclosing, submitting these to the Gov’t, getting reimbursed then submitting them to your Insurance, getting reimbursed, then attempting to sell the debt for 20% on the dollar.
Judges know they cannot massively rule in favor of homeowners against this chaos. When you take the time to try and understand the law and present it to a Judge, you hope for a fair and consistent legal ruling. Not to be told, go in the hallway and work with Mickey Mouse and see if he’ll resubmit the documentation cause it’s signed by Donald Duck who works in the mail department.
Until someone or some lawyer is able to present a solid case ruling which will set precedent for all of us to use as well as the specific type of foreclosure defense lawsuit very little will help the majority. I understand circumstances are different in each case and some individuals are having success across the country but it is not filtering out to the masses who are experiencing the same issue.
Was interested in obtaining your Complaint and paid the $5 but only able to see headings and not the Complaint itself?? Will you send me a copy via email as I am going to sue the banks, Judges and Court Clerks for denting my civil rights to the LIBERTY and JUSTICE for ALL crap we were told in AMERICA? elyse@gte.net or call (702) 809-0716
Hello idynps…I live in Florida and been fighting foreclosure for almost 3 years. The note served only had one blank endoresment from the original lender to country wide written next to pay to but what had been filed with the court has 2 other endorsement…what its my defense on that finding?
Every endorsement has to have written documentation to prove why the endorsement was done and to legally substantiate it was done properly. This is one of the problems with judges, they blindly accept an endorsement, and the MERS system was created to “BLURS” this documentation…if the docs don’t exist nobody goes to jail. Remember a judgment obtained by fraud in typically unenforceable…a Subpoena to Produce should do the trick…even AFTER a foreclosure sale. And complaints to the Judicial Qualifications Commission HAS to be investigated, altho’ they won’t want to give you the results, however under law this is OUR Country and we’re ENTITLED to view whatever we damn well want unless it has to do with National Security or minors. Don’t ever be afraid to fight…it’s what makes this country great…even the common folk can go up against the establishment big boys (and girls, few as they may be)…but check with an attorney, this is not legal advice but a point in a direction
hi I am fight detusche bank I found out thru request for admissions that my loan was securitized which means it became a stock no longer a loan which means they had to destroy my note which means under rule fas 140 they no longer control the note because a note and stock can not exist at the same time plus it forever change its state it go from a secured debt to an unsecured debt its registered with Sec then the admitt my note is left in blank assignment Mers assigned the note to deutsche bank which we no that they don’t have the right to due I asked for the original note with my signature on it they said the declined they have a copy i told them its fraud I know they don’t have it I had crappy lawyer who I fired they said they would not respond to my request the matter was resolved by order of consent which I don’t understand they sent me letter of default I sent letter back disputed so i want to file quite title against them I need advice I think I have good case broken chain of assignment they lack standing blank assignments are not acceptable form proof perfection supreme court ruled mers is never holder in due course and I don’t think deutsche is not registered to due business in new jersey any help would be great
I actually have another question which is somewhat related to my first question. Shequita Knox, also signed as Attorney In Fact for the FDIC, now from doing some research it seems as if there should be a power of attorney filed in the county she is in, in order for her to sign as attorney in fact for the FDIC? I am also wondering if this is true in order for her to sign as a VP for JPMC, even though she works for them (which is not actually her title)?
I got all of the documents that were there months back, but I will check again. MER,s is on my document. I asked them exactly what you told me. He looked up my name and address and could not find anything
Did you ask AIG if they held the default insurance on your loan through whatever bank is attempting to foreclose on you? Is a bank attempting to foreclose on you without being sent a default notice? Are you being sued for foreclosure? I so, you may want to file a cross complaint with several “Causes Of Action” and harassment because you are not in default? You issue seems rather unique as a default is necessary in most cases, however, we are dealing with crooks and liars!!
Have you gone to your County Recorder Office to gather all paperwork on your home? If not, you must retrieve whatever is there because there may be a Default Notice filed and you were not served…they use much trickery with their fraudulent foreclosure practices. Do you have a MERS on your Deed Of Trust? If not, what information did you ask of AIG?
They will get to you…MERS has had some 63 million loans that are all in danger and it will take more years than can be imagined to get to all of them.
The Banks joined together with Freddie and Fannie to securitize the loans and bundle them into pools of Mortgage Backed securities and sold those bundles to unsuspecting investors around the world…
The country of Iceland even went broke and had to file BK because they invested in the scam…it’s a huge Ponzi scam and the Courts are allowing it to happen…
File a lawsuit against whatever banks are coming after you, stop sending your faxed proof for a modification and STOP talking to the banks!! They cannot help you and will not try!! They are bullies and many hundreds of thousands of homeowners are fighting for their rights!! It’s a mess and unscrupulous!! Bastards!!
IDYNPS. Is it possible that the loan could have been insured by another company other than AIG. I called them and they said they could not find any information. Is it possible the loan was not insured?
If you gave AIG your MERS ID #, then you may have to use the TRUST name that your loan was bundled in, if you have that information? To answer your question, yes, I guess another Insurance Company could have insured the mortgage backed securities…scams were going on, on many levels! It’s all a fraudulent enterprise and illegal! I have spent much time doing my due diligence and based on what State you are in, there may be other recourses available for you to reach out too. A question…we’re you served with a DEFAULT NOTICE or 2? 3? 5? ….the default notice is what kicks in the default insurance. AIG had so many default swap claims that they went to the Bush White House for their bailout in the billions! AIG over extended their ability to pay off all the claims from the banks demanding it…sometimes 2-5-9 Notices were filed as the banks knew they were in trouble!! It’s so bad that it’s difficult to wrap our heads around!!
Thank goodness weed is legal here in California!! This is the biggest crime in the history of America and they are getting away with it! Keep Up The Fight!!
it is the CHIEF judge of each state that is responsible for each and every judge below them to protect their oath to the US Constitution and mandate each judge follow their oath to the US Constitution and protect the Law of the Constitution.
You are correct!! This scam is violating the law and of course…it doesn’t matter!! When I attended my final court appearance and I brought 2 Assignments Of Mortgage, enlarged them and glued to poster board and it clearly provided evidence of Robo signed by an employee of the banks lawyer, David Sterns, as well as the second Assignment notarized before it was even signed by the robo signer…IT JUST DOESN’T MATTER!!! The Banks are stealing homes and the Courts are allowing them to do it…NO MATTER WHAT! After that hearing, I walked outside and just broke down in tears because I realized, the Courts are not protecting the homeowner…After that scam hearing, I was offered a mere $2,500 as a “cash for keys”…after many further conversations with the law firm representing the bank, they asked “What will it take to get you out?”…I said give me $50,000 and I’ll be gone in a week! The lawyer said the banks will never go for that, but they did…after I shared with the law firm that I filed for an Appeal and that I placed a complaint with Attorney General, Eric Holder! They freaked at that point so gave me $50,000. That was more equity than I had in my upside down loan!! I am now fighting for my second home…It’s a horrible situation we are in but we MUST fight to the bitter end!! Good Luck Good Citizens of America!!
Mark
February 2, 2014 at 1:15 PM
The bottom line is courtrooms are NOT making any rulings regarding Robo signing that favor the homeowner in any large numbers or which would set precedent. The fraud was just too large to start throwing foreclosures out of court. It is a shame, but that is the reality of what is occurring.
IDYNPS, How do we get evidence that the bank was actually paid off. I have a second mortgage with Wells Fargo and its been over a year and they have not taken any action, which I find very strange.
It’s the RICO Act…which is an ongoing criminal activity!!!! This RICO Act is what the LAW uses to bust criminals like the mafia…Finding the evidence is so difficult for people like you and me. They are working together in this “web of deceit” and even bringing it to the attention of the courts, it doesn’t seem to matter. Contact AIG in NYC tomorrow, Monday. Whoever answers the phone, a receptionist, ask to be connected to accounts payable…do not say you are a homeowner, just ask if your MIN. number (MERS ID) has been paid? Try not to disclose much information, you are attempting to know that there is “clear title” period.
James, we are under attack and the Banks are killing us without even shooting a gun!! It’s a CRIME…we need to get it out of the CIVIL COURTS cause the Courts are allowing this to happen…Good luck!
When a bank files a complaint based on a DEFAULT, the bank files a claim to the insurance company (AIG) for the loan being in DEFAULT and the Bank is PAID IN FULL on that DEFAULT…Can you imagine? No wonder the Wall Street Banksters are experiencing such growth!! File a lawsuit against the BANK that is coming after you…Not that it matters because the Courts are allowing the Banksters to steal our homes!! File it anyway and perhaps you’ll be lucky to get a “JUDGE” that “gets it”…Good Luck American Homeowners under attack…we’re getting screwed but don’t go down without a fight!
I have a quick question, just wondering if someone might know the answer. After reading a deposition done by Erika Lance of Nationwide Title Clearing (the company that prepares documents for JPMC, as well as other banks). I started to wonder how the individuals signatures who are on our Corporate Assignment of Deed of Trust got there. The individuals in question Shequita Knox, who signed as VP JPMC and Attorney In Fact for the FDIC and Angela Ruth Payne (Married name Gibson) was the notary. I know from conversations with JPMC, Shequita is an employee there and according to them Angela is not an employee, both of whom are in Louisiana, which is where they supposedly signed the document. Yet, the document was prepared by Nationwide Title Clearing in Florida. Exactly how does that work? I know from seeing other documents that were signed by Shequita Knox and Notary Miranda Avila (Robo-signer), Shequita was supposed to be in Florida a few months prior signing our document (Although she was really in Louisiana). I guess what I am getting at is how is it that Nationwide Title Clearing prepares these documents in one place, yet the people who signed on them are in a completely different place? Just seems a little fishy to me.
make a formal complaint to: [PDF]
complaint form – Florida Commission on Ethics http://www.ethics.state.fl.us/forms/Cmplaint+FAQ.pdf
(Print, Type, or Stamp Commissioned Name of Notary Public) … Please explain your complaint fully, either on the reverse side of this form or on additional sheets …
It’s Called ROBO SIGNING…and it should be illegal. I had an assignment that was Notarized before it was even signed and it didn’t matter to the Judge!!! What’s being done is CRIMINAL, not Civil, however, the Sherriff, DA, Attorney Generals, Department of Justice or FBI will NOT take a Report!! They all direct the homeowner’s complaints to the Consumer Financial Protection Agency who send your Complain to the BANK and whatever the BANK sends back to the Agency, that’s all they do???? It’s the biggest Ponzi scam to ever be perpetrated on the American people and it’s illegal, it’s fraud, but it doesn’t matter!! If just ONE Sherriff would file against the banks, it would grow like a weed and these banksters will be arrested for these illegal activities!! File your lawsuits and wait for someone to step in and arrest the Banks using robo signed documents to steal our homes! It’s far beyond unbelievable…it’s CRIMINAL!!
Tricia
February 3, 2014 at 6:53 PM
I actually have another question which is somewhat related to my first question. Shequita Knox, also signed as Attorney In Fact for the FDIC, now from doing some research it seems as if there should be an power of attorney filed in the county she is in order for her to sign as attorney in fact for the FDIC? I am also wondering if this is true in order for her to sign as a VP for JPMC, even though she works for them?
The Cease and Desist letter may have worked but they will just sell it to someone who will come after you probably. You can file bankruptcy chapter 13 and strip that second mortgage. If you need help with that let me know at Keystonegatorfan at gmail. If they try to contact you or collect file a suit in Federal Court against them……it puts money in your pocket and most of the time it will never make it in front of a judge as the debt collector will settle for money damages out of court. FYI each violation is about $1000. I am filing against a bank this way. I don’t even have a mortgage and they are trying to take my home!
I have a second mortgage with Wells Fargo, we have not paid them in almost a year. I did send them a cease and desist letter a few months back. Why have they not initiated some type of action?
How is it legal for mortgage company like Flagstar Bank to sell a note in a bulk discounted sale to an investor and then Flagstar files insurance claim and get paid for the full amount of the loan??? Seems like fraud to me.
@aj: If Flagstar then comes after you, they would be guilty of double dipping. All you need is proof of those transactions. Go for it and keep us posted.
am trying to post about a major settlement with chase bank about fraudulent modifcations. this is a nationwide multi district litigation. the court docs at the website below list the law firms that may cover your state. this settlement offer from chase includes immediate stopping of any foreclosure action . however it seems allegedly because it was done to me that chase home finance changed all of the old account numbers in april 2011 beginning with 002 for your bear stearns predatory loans including both first and second mortgages and created new loan numbers with higher interest rates and loan terms which is a violation of title 12 of us federal banking law. the transferred loans must have the same terms
the point being that chase is not giving the federal district court of boston the old account numbers going back to 1999 or to the settlement administrator or the law firms to send out your notices.
please join me in giving the court due notice about this as well as the law firms and the settlement administrator. the court order demands all account numbers old and new to be notified. chase has not sent me my notice and possibly up t o two million other homeowners like me in Washington state and throughout the U.S.
http://www.chasemdlsettlement.com has all the court docs in pdf format and the first one has all seven law firms listed. this case was initially entered into federal court in Yakima wa. as a class action under the federal fair debt collection practices act and then consolidated with seven other cases across the u.s. by the MDL committee In new York of the federal courts
the point being this class action had monetary claims as a FDCPA case. but the federal judges changed it to and MDL case with no monetary settlement at all and chase is offering yet again another alleged fraudulent modification with dual trackng as required by the federal reserve regulation that says mods must be able to pass the net present value model and actual value models computer software in order to be approved for a mod and if not able to then dual tracking is allowed and fraudclosure commences
NONE OF THE DISBLED VETERANS WITH OLD ACCOUNT NUMBERS THAT WER ECHANED BY CHASE ALLEGEDLY FROM APRIL 2011 TO OCT 2011 WILL EVER GET A NOTICE . ONLY THOSE WITH NEW ACCOUNT NUMBERS. THIS CASE COVERS BOTH HAMP MODS I AND II AS WELL AS INHO– USE NON HAMP MODS BACK TO THE BEGINNING OF BEAR STEARNS AND EMC MORTGAGE NOW EMC CHASE OUT OF LEWINSVILLE TEXAS.
WE HAVE ALL BEEN SOLD OUT ALLEGEDLY BY THE COURTS AND THE LAWYERS WHO WILL GET $ 10 MIILION IN FEES WHILE THE VICTIMS OF EMC CHASE FRAUDULENT MODIFCATIONS GET NOTHING.
THIS CASE SHOULD HAVE NEVER BEEN CHANGED TO A MDL CASE FROM A CLASS ACTION CASE UNDER FFDCPA CASE WHERE A MONETARY CLAIM IN THE BILLIONS COULD HAVE BEEN ESTABLISHED. CASES LIKE THIS WERE WON IN FEDERAL COURT IN TACOMA WA FROM ARI BROWN ATTORNEY AT HAGENS AND BERMAN LAW FIRM IN TACOMA WA.
GO FIGURE WHY IT WAS MOVED TO BOSTON AND CHANGED TO AN MDL WITH NO MONETARY CLAIM.
IF YOU HAVE ALREADY FORELOSED ON YOU ARE OUT OF THIS SETTLEMENT.
Reply
dangeroosdaveve McCrae says:
February 28, 2014 at 8:43 PM
Tom- Judges love precedent. Since 13 December 2013, when Ocwen entered into consent judgment in Federal District Court with all 50 State Attorneys General, we now have common law precedent for a pretty wide variety of abuse. I’ve posted the Ocwen judgment on my site, phhmortgagemustbedestroyed.weebly.com for convenience of anyone interested. A lot of reference material on David Stern is also posted as illustration of other bad habits that are now recognized as fraudulent. 🙂
It IS fraud and the courts are allowing them to do it! It’s the worst crime in the history of the United States and our officials are NOT protecting us!!! Bernie Madoff is a tiny little pea compared to what the Banks are getting away with!! File a lawsuit and fight them as the Plaintiff, it’s hell but you must at least put up a fight!! Good Luck…
If the system works right for them, they might wind up with three or four times the amount of the loan…remember they borrowed money and have very little of their OWN, if any, in it
research it on the web…lots of great insider books that show you how its done
ohioan
March 1, 2014 at 11:03 AM
Tom, we had a relatively stable economic system in this country, until the thugs came in. Any chance you would consider running for Congress? Will be in touch.
Right on Imanda Don’t accept anything less than you deserve ,
since 2008 i am fighting corrupt judge Alice Schlesinger of NYSC that gave Fidelity National’s Title client and another corroupt client one each of my two properties so that Schlesinger could take a bribe.. Patience one by one we are watching them exposed from LPS Docx down.
December 24, 2013, 3:13 p.m. ET alert alert alert LPS IS BACK
——————————————–
Lender Processing Services, Inc. Receives All Required Regulatory Approvals for Previously Announced Acquisition by Fidelity National Financial, Inc.
Hark….the For Closure Angels have brightened this Sunday morning. . .your post above shall be printed and read aloud daily. Some fights are necessary and worth having. For example…Jahi. 777…..MetLife and I are about to have our C2J…..like that wonderful basketball coach….”when the dog does sumthin’ rong….you roll up the paper “bad dog”….swat the banks…bad bank. Bad. Never again. Bad bank….swat ( harder this time )….”wabAMM” Bad bank. Never again. You think Kim J Un’s other uncles aren’t out maxing their cc s on Kim? Feathertouch but hit hard after that. Real fn hard. Merry Christmas ALL….to the light….6s ii 7s. WUUUfff. GOOD DOG….☆☆☆☆☆☆☆
You have a good case for breach of contract. CitiMortgage tried to make us move and offered us a $3,000.00 check. We said NO! It took us 8 years to the date to settle our claim with CitiMortgage for wrongful default and wrongful foreclosure. It all started with 2 miss applied payments that went ???????. They never could tell us. We settled on OUR terms and got what we wanted. But, it was never ending and mentally exhausting. What benefited our case was that CitiMortgage could not respond to a court order within the timeframe, they gave us 20 days to submit discovery and the judge gives CitiMortgage 90 days. WTH! Don’t give up, stand firm on what you want and don’t let them intimidate you. CitiMortgage Attorneys even threatened our attorney numerous times. Really? Judges are getting fed up with bank attorneys using deceptive practices in their courtrooms. It slows the whole process down. One thing in common with all banks, one department doesn’t know what the other is doing. Once the mortgage is in the legal system, it is pure hell to get it out of that status. Just hang in there; there is a lot more they will put you through; reading comments and 8 years of fighting, it seems like its a stepping stone. You have to climb the course and successfully get through each maze with your sanity. One a scale of 1-10 of completion, you are number 3. Good Luck, maybe I can help somebody. Don’t ACCEPT NOTHING LESS THAN YOU DESERVE!
About 6 years into our dispute with CitiMortgage regarding missing mortgage payments, and showing our proof of payments, CM decides that I need to show proof of payments for the entire loan history……REALLY……well, it took about 2 months, BUT, we complied and made enough copies to give out as requested per department. Its the little things that will drive you nuts. I had to provide proof of monthly payments for 12 years. CM letter proof of payment, proof of payment from our checking account; CM started backing down some at this point. Glad I held onto this paperwork for so long.
C. Osborne,
Yes, the judge notated in the order that we could bring an issue back before him…can’t remember the exact wording, but I’m not sure what motion I would file and what I would be asking for. It encompasses potentially several issues so I first need to wait to find out how badly we get hit with the tax because title will not have transferred in 2013 and what the other damages and allegations I’ll need to address in whatever motion I file. I’m just so sick and tired of it. You all here know what I mean. It is criminal in itself that they can just continue to do this to people.
I am sorry you are going thru this, we too are being held hostage by utility company requesting deed before they will terminate service, wells fargo did not even pay stamp doc to courthouse yet after they bought it at auction , same thing with insurance issue . It seems it never ends , our house was valued at 61,000 and we paid 168000 , our credit continues to get sacked and my daughter lost her only home. Now on top of that unemployment ends for those of us who are really trying to get jobs. HO Ho Ho
This is an up-date of my case and hopefully won’t be what happens to those who have been completely successful.
1. Filed an adversary proceeding, pro se, in BK court against JOA (fictitious) name;
2. Litigation went on for 2 years and with their last attempt for a SJ which failed, judge was going to set a date for trial;
3. BOA finally agreed to settle the case rather than proceed to trial and for which I have been banned from speaking about the case;
4. Settlement Agreement was for a lump sum cash settlement and we agreed to a DIL, NOT a foreclosure along with a few other misc., terms;
5. Settlement signed in July and also approved and signed by the BK judge. Agreement calls for the property to change hands and home to be vacated in pristine condition on or before September 15. Contacted by their attorney to allow an inspector to be able to come in and look which we willingly agreed, but no inspection ever took place. We moved out and notified bank attorney. We were paid the money to move out as per the agreement;
6. Notified attorney that utilities, taxes, HOA dues and other bills needed to be paid and those people notified of title transfer;
7. Since that point, utility companies refuse to disconnect and keep billing us, JOA continued to harasses us with threats, phone calls, more accumulated charges as their foreclosure unit claim to have no knowledge of any agreement. After we were threatened by the state tax office of a pending sale for unpaid property taxes and another threat by me to the bank attorney, the taxes were paid, however, they seem to have applied these charges along with forced home owner’s insurance to this on-going bill from their foreclosure unit;
8. The property still in our name will mean that if the “tax relief” bill does not get put back in for 2014, we will face dire tax consequences based on whenever they decide they want to take title.
They have completely violated and breached the agreement every which way from Sunday, have made us incur more dings on our credit which was also addressed in the agreement and leaves us dangling with unknown present and future liabilities. I believe that I should just go after getting the home free and clear as I don’t know how else to get this monkey off my back. We have been cheated and lied to by them since 2009 when the fiasco actually began and I thought that it would finally be over and we could put the pieces of life back together but it just goes on and on.
Anyone else out there who is experiencing the same thing?
guess…since they violated the terms of the settlement….would tell them….you are no longer required to keep quiet………
kat
December 21, 2013 at 8:34 PM
I agree with your logic but it probably wouldn’t stand up legally; a wrong for a wrong..lol But since they have so egregiously breached the agreement, pretty much makes it void or voidable at this point. I don’t know and as much as I hate the thought, I have to start doing my legal research again and start prepping for the next legal go around. Not looking forward to it at all but you gotta do what ya gotta do. With that said, happy holidays to all here and a very safe and happy new year!
C. Osborn
December 21, 2013 at 11:31 PM
From what I have read in Jursidictionary….normally Offers of Settlement or Compromise are not allowed to be revealed/admissible….EXCEPTION….when one party makes offer….other side accepts offer….party that made offer doesn’t follow through with offer. Since the BK Court is one that signed off on the settlement….can’t you file a motion with them for violation of settlement agreement?
If it helps one it helps all. . . Please use my Boise Police Department Official Criminal Complaint against MetLife Bank….Laura Burrie and Ringert Law…both of Boise.
Fraud w RICO and collusion. The perjury is simply a cherry on top. I am suing these parties for millions….$6000 wasn’t enough. A grand for each year in hell…. trevor.hitchin@gmail…..lets twwwalkabouit…… 777
I go to court on Wednesday 12/11 and am putting my case in order. I have proof of fraud. Just FYI, one of the attorneys who advertises on this site is Forrest Law Firm. I used him for my attorney and he kept the banks at bay for three years, BUT he overlooked all of the fraudulent items your website speaks about and was ready to let them take my home. He is no longer my attorney and I am thinking he was negligent. On my own I have found proof of robo signer Theodore Shultz and four other robosigners, but with Shultz I have proof of signature as MERS VP and then also as Aurora Assistant VP. I have other issues I will raise in court and have to go in Pro-Se because Mr. Forrest did not do his job properly. I am getting a crash course in how to do this on my own through hours of study and dedication to winning based on the massive fraud perpetrated on me and the courts.
Christina, Good Luck. Let us know how it goes. Just settled against CitiMortgage for wrongful default and foreclosure fraud; it took 8 years tied up in the legal system. Look on the bright side……lets hope you do not have 5 years to go. We also had an attorney for 54 months that told us we needed to have a place to move to by October 2010. They also tried to get us for another $3,000.00 for assistance with a loan modification. I fired him in February 2011, fought like hell and hired a Real Estate Attorney who let me fight my case my way. November 01, 2013, we signed contract all parties agreed upon, 0% percent interest, bank has to pay 8 years of legal fees (lol), fix our credit, no judgments’ ever, mortgage will state “Satisfied-paid in full”, no early pay off penalty, etc. My HOME is full of holiday cheer this year as we are unpacking boxes that have been packed since 2005. Folks, stay strong; you can win; its not easy; and they will drive you crazy. Little bit of advice…..do NOT let the bank talk you into a Short Sale; it will stay on your credit for 15 years. They don’t tell you that.
Imanda Thank you! I filed a “motion for enlargement of time” and because my attorney just removed himself from the case officially 3 days prior to the trial the magistrate granted it – but it was more than that. I have ample proof of fraud and I believe the Magistrate and the Plaintiff know it. So we are having a review on 1/22 of all issues. By that time I have to have a new attorney or waive my right to one for the trial on 2/19 because the plaintiff’s attorney said there would not be enough time for him to know what my new attorney would request or file if it was after 1/22. The judge granted that, but I also have time to file and “motion for amended complaint.”
Thanks for your support and congratulations on winning your case!
ohioan
December 20, 2013 at 9:50 AM
Imanda, which state are you in? Would like to look up your court filing if possible.
And congrats on getting a good outcome.
James Smith
December 20, 2013 at 10:39 AM
Imanda, can you send me everything that you can on Citi Mortgage. I am having some issues with them as well. jsmith5915@msn.com. Thanks
Imanda Waldon
December 21, 2013 at 10:08 AM
James, I have to much documentation to send. A lot of negotiations were through the fc loss mitigation department. Your claim will have to reach that department before anything will be done. They will have to get approval from investors to offer a deal. Send me your email and I will try to help you. It takes not backing down and don’t give into anything you feel is not correct. We live in the state of Florida. Every time Citi filed a motion; we filed one back. I have a great story about our experience in mediation. Citi’s attorney left our mediation to get a McDonalds hamburger. lol Wasn’t funny at the time as the mediation cost us $3,000.00. That’s just the beginning!
NMS LAW CORPORATION 1206 E 17TH STE 201 SANTA ANA CA 92701 THIS LAW OFFICE IS RAN BY SCAM ARTIST! THEY RECENTLY HIRED EMPLOYEES AND FIRED THEM WITH NO JUST CA– USE AND DID NOT PAY THEM. ONLY PAYS EMPLOYEES UNDER THE TABLE BE CAREFUL ORANGE COUNTY!!!!
Looking for homeowners here in Cheeseland with loans from HomeSide Lending, allegedly sold to WaMu, serviced by Chase and/or Wisconsin mortgage.
If you were foreclosed, succumbed to a deed in lieu, are an alleged “debtor in possession” or in any stage of alleged default or foreclosure, I would really like to hear from you.
Homeside/WaMu/WI in the subject line please.
Everyone should read the book “FIGHTING THE FORECLOSURE MACHINE -THE HOMEOWNER’S HAMMER” Robert M. Janes. “DON’T ASSUME THEY WIN – even if you’re behind on the mortgage payments’!
I also spent months and months of time researching….looking for where/when the Banksters made mistakes/committed fraud etc…it doesn’t matter!
The Banksters are the Plaintiffs……the Burden of Proof is on them!!! Make them PROVE beyond any/all doubt that they are PETE! Go on the Offense…not the defense…..
Appeal from a judgment of the Superior Court of Orange County, Karen J. Bravata, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Law Office of Quyen Kiet and Quyen Kiet for Plaintiff and Appellant.
Houser & Allison, Eric D. Houser and M. Benjamin Susman for Defendants and Respondents.
OCWEN’S guy M. Benjamin Susman-lawyer
DON’T GET CONF– USED! that’s exactly what they want…feel indignation on how the “BANKS” are treating us! Ocwen loan Ser LLC will never record an assignment of DEED OF TRUST.they used WESTERN PROGRESSIVE -Attorney in fact Madan Kumar–House&Allison Lawyer Manford Benjamin Susman ..remember Ocwen LOan Ser LLC in ONLY A DEBT COLLECTOR,,,LOOK ON YOUR “BANK STATEMENT’ WHO’S NMLS # IS SHOWING ON TOP? AND THE NC PERMIT #?
Sample Written Complaint to Lender
The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA). Be sure to read more about RESPA, and your rights under this Act, elsewhere on the RESPA site.
Attention Customer Service:
My servicer Wells Fargo told me that Ocwen Loan Servicing was my investor. You are saying that they are only a collection agency. Also
Shouldn’t I have some type of assignment telling me that they own the loan?
Jamaes..you have to complaint to CFPB–and to NMLS-Dept of Bussiness Oversight since OCWEN LOAN SERV LLC ONLY A DEBT COLLECTOR USING NMLS 1852 MUST BE REPORTED DUE TO HIS CHANGE OF ADDRESS TO VIRGIN ISLANDS AND THEY DID NOT DISCLOSED THIS NEW ADDRESS AND BY LAW THEY HAVE TO.
Ocwen Loan Servicing is just that — a loan servicer. They currently hold my account – but not as Trustee. I see you are in KY from prior post. My loan was transferred 3 times (Fremont, Saxon, Ocwen) and the investor is Deutsche Bank. Your “investor” could be anyone! If Ocwen is now “investing” this certainly is news and a conflict for them!
I discovered that Ocwen uses Wells Fargo BANK in San Francisco, CA for payment receipts, as it was listed on a recent mod proposal as a place to send certified funds.
Yes, you should make ANYONE who tries to foreclose PROVE the chain of assignment.
Legal Aid in KY will not sue on your behalf, but they WILL answer/defend you against a foreclosure lawsuit. This one action kept them from taking my home.
Once your recieve a foreclosure notice, legal papers from the court with a date, regarding any entity that claims to have rights and starting foreclosure (has to be judicial, so you will get some type of legal notice) take it immediately to Legal Aid. They will file a response and Ocwen. My attorney requested discovery knowing DeutscheBank had attempted foreclosure without proper proof. They will have to comply with discovery. It tied them up – as the file is a huge mess! Albeit, my *discovery* was about 10 lbs of meaningless info, out of order, multiple copies, etc.
At one point, in these papers, it stated Wells Fargo securitized these loans. However, DeutscheBank is the investor from other documents. I haven’t rectified this wierd bit of info or presented it to coult, but I also haven’t gotten any more legal actions filed. Working on getting Ocwen to comply with modification and have escrowed my “potential” payment of 33% income with attorney. I would suggest you start “paying” yourself what you feel should be going to mortgage payment each month in anticipation of this.
If you are unsure if a foreclosure has been initiated, do a self search on your name for civil actions against you on your courthouse or sherrif’s web site. Typically, a sheriff serves these notices and it is in their system. If anything else, go to court and file a request for “continuance” asking for time to obtain an attorney if you discover that you have a court date and no time to act.
Beware of NEIL GARFIELD!!!!! He took our $1300, sent worthless securitization docs, no title search and wouldn’t give us our consult. He confirmed refunds , but Paypal and Square tell me the funds are not there. Garfield’s office says they fixed this yesterday and they haven’t.
These people are horrible crooks. They took advantage of my ill, 76 year old mother. The FL Bar is investigating them.
Prepare a satisfaction of mortgage and personally sign it Donald Duck as VP, copy and paste the last notary credentials from your fraudulent Assignment and file it at your County records office. Watch how quickly the Sheriff is knocking on your door with the cuffs.
I just took a proposal (my civil suit, with corresponding criminal activity of defendants) to our grand jury here in Burnet County, Texas for just such action. We considered the miscreants for about 15 minutes before deciding that USAA, PHH, and BBDFTE could not possibly be guilty of such fraudulent behavior as alleged, since they do such a great amount of business here and are such excellent corporate citizens. Oh, well, 253 other counties here in Texas, we’ll check them out one by one….
I’ve decided to go to District Court with a class action instead of Burnet. We’re over $75,000 so would end up there regardless. I’ve invited my defendants to an alternative dispute resolution meeting, as is required prior to filing litigation, on 24 December 0900 at my house. Anyone else with information is also welcome. I’m at http://www.phhmortgagemustbedestroyed.weebly.com
My Corporate Assignment of Deed of Trust’s Date of Assignment was September 9, 2011. As you can see below the cutoff date was January 1, 2006. Based on this information Beth says that the document is void. I don’t understand all of this. What does that mean to me? What do I do with this information? Who do I address this with, the Servicer? MERS? the Lender? or the Assignee? Is this enough information that I can negotiate with whomever, without having to hire an attorney?
@ James Smith – here is the info regarding the claimed trust your loan is supposed to be “pooled” in. If the Assignment you have is after the cut off date 1/2006, then you have an argument that your loan is not in the pool. Also it is the depositor, not MERS, that is to assign the loan to the pool.
—————————————————————
|
| sale of mortgage loans
|
|
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U.S. Bank National Association
(Trustee)
(owner of mortgage loans on behalf of issuing entity
for the benefit of holders of certificates)
SUMMARY
The following summary provides a brief description of material aspects of the offering and does not contain all of the information that you should consider in making your investment decision. To understand the terms of the offeredcertificates, you should read carefully this entire document and the prospectus.
Issuing Entity……………………………… RASC Series 2006-EMX1 Trust.
Title of the offered certificates…………….. Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX1.
Depositor………………………………….. Residential Asset Securities Corporation, an affiliate of Residential Funding Corporation.
Master Servicer and Sponsor………………….. Residential Funding Corporation.
Originator and Subservicer…………………… Mortgage Lenders Network USA, Inc.
Trustee……………………………………. U.S. Bank National Association.
Cut-off date……………………………….. January 1, 2006.
Closing date……………………………….. On or about January 20, 2006.
My original Lender on the Deed of Trust was Mortgage Lenders Network. I have a Corporate Deed of Assignment that MERS assigned to US Bank, National Association, as trustee for RASC 2006-EMX1 at 4801 Frederica Street, Owensboro, KY 42301. The recording was requested by Wells Fargo and they are also listed as the default assignment. Wells Fargo recently sent me a document which listed Ocwen Loan Servicing as the investor. If that is the case, shouldn’t there be a document assigning the loan to Ocwen Loan Servicing? Im so confused with this stuff. Something is truly wrong with this loan, but I cant afford to hire an attorney to get to the bottom of this. jsmith5915@msn.com. James Smith
My Corporate Assignment of Deed of Trust’s Date of Assignment was September 9, 2011. As you can see below the cutoff date was January 1, 2006. Based on this information Beth says that the document is void. I don’t understand all of this. What does that mean to me? What do I do with this information? Who do I address this with, the Servicer? MERS? the Lender? or the Assignee? Is this enough information that I can negotiate with whomever, without having to hire an attorney?
@ James Smith – here is the info regarding the claimed trust your loan is supposed to be “pooled” in. If the Assignment you have is after the cut off date 1/2006, then you have an argument that your loan is not in the pool. Also it is the depositor, not MERS, that is to assign the loan to the pool.
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
U.S. Bank National Association
(Trustee)
(owner of mortgage loans on behalf of issuing entity
for the benefit of holders of certificates)
SUMMARY
The following summary provides a brief description of material aspects of the offering and does not contain all of the information that you should consider in making your investment decision. To understand the terms of the offeredcertificates, you should read carefully this entire document and the prospectus.
Issuing Entity……………………………… RASC Series 2006-EMX1 Trust.
Title of the offered certificates…………….. Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX1.
Depositor………………………………….. Residential Asset Securities Corporation, an affiliate of Residential Funding Corporation.
Master Servicer and Sponsor………………….. Residential Funding Corporation.
Originator and Subservicer…………………… Mortgage Lenders Network USA, Inc.
Trustee……………………………………. U.S. Bank National Association.
Cut-off date……………………………….. January 1, 2006.
Closing date……………………………….. On or about January 20, 2006.
NMLS ID: 1027125
Street Address: 2255 North Ontario Street
Suite 400
Burbank, CA 91504
Mailing Address: 1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
Phone: 818-260-1400
Fax: 561-682-8163
Website: http://www.ocwen.com
Email: mable.scarlett@ocwen.com
California – DBO Mortgage Loan Originator License Yes Submit to Regulator
License/Registration #: CA-DOC314033 Original Issue Date More Info : 12/02/2011
Status More Info : Approved Status Date: 04/12/2013 Renewed Through More Info : 2013
Currently Authorized to Represent More Info
Company: Ocwen Loan Servicing, LLC
NMLS ID: 1852
Start Date: 04/12/2013
Michael Timothy Witten
NMLS ID: 314033 Phone: 818-260-1503
Fax: 818-260-1815
Other Names More Info : M TIM WITTEN, TIM WITTEN Prior Other Names More Info : None Prior Legal Names More Info : None
State Regulatory Actions More Info : None posted in NMLS.
Employment
Authorized to Represent More Info : Ocwen Loan Servicing, LLC (1852) Engaged in other businesses More Info : No
View Employment History
From To Employer Position City State Zip Code Financial Services More Info
02/2013 Present Ocwen Loan Servicing, LLC VP, MASTER SERVICING & BRANCH MANAGER Burbank CA 91504 Yes
02/2001 02/2013 RESIDENTIAL FUNDING COMPANY, LLC VP, MASTER SERVICING & BRANCH MANAGER BURBANK CA 91504 Yes
06/1994 02/2001 DEUTSCHE BANK NATIONAL TRUST COMPANY Servicing SANTA ANA CA 92705 Yes
Office Locations More Info
Company NMLS ID Type Street Address City State Zip Code Start Date
Ocwen Loan Servicing, LLC 1027125 Branch 2255 North Ontario Street Suite 400 Burbank CA 91504 02/16/2013
Go to Location 1027125
Max Nieves
Current Legal Name: Max Nieves
NMLS ID: 305099
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Michael Christopher Busch
Current Legal Name: Michael Christopher Busch
NMLS ID: 1066856
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Michael Timothy Witten
Current Legal Name: Michael Timothy Witten
Other Names: M TIM WITTEN, TIM WITTEN
NMLS ID: 314033
Location(s): Burbank, CA 91504
Represents: Ocwen Loan Servicing, LLC (1852)
Monica Duran
Current Legal Name: Monica Duran
Other Names: Monica Lee Valdez
NMLS ID: 762086
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Nathan Alan Van Winkle
Current Legal Name: Nathan Alan Van Winkle
NMLS ID: 814719
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Nicholas Alexander Beck
Current Legal Name: Nicholas Alexander Beck
Prior Legal Names: Nicholas A Beck
NMLS ID: 646718
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Nicholas Donald Roberts
Current Legal Name: Nicholas Donald Roberts
Prior Legal Names: NICHOLAS D ROBERTS
Other Names: NICHOLAS D ROBERTS, NICHOLAS DONALD ROBERTS, NICK ROBERTS
NMLS ID: 352262
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Paula Schneid
Current Legal Name: Paula Schneid
Other Names: Paula Poillucci
NMLS ID: 39882
Location(s): Westborough, MA 01581
Represents: Ocwen Loan Servicing, LLC (1852)
Pedro Ernesto Mejia
Current Legal Name: Pedro Ernesto Mejia
NMLS ID: 835758
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Dawn Rachelle Elmore
Current Legal Name: Dawn Rachelle Elmore
Other Names: Dawn Rachelle Fast, Dawn Rachelle Ludwig
NMLS ID: 474407
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Deana Gay DeLaura
Current Legal Name: Deana Gay DeLaura
Other Names: Deana Gay Harris, Deana Gay Wilson, Deana Gay Wiseman
NMLS ID: 873979
Location(s): Addison, TX 75001
Represents: Ocwen Loan Servicing, LLC (1852)
Ellen Mary Berke
Current Legal Name: Ellen Mary Berke
NMLS ID: 357471
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Eric Owen Wilcox
Current Legal Name: Eric Owen Wilcox
Prior Legal Names: Erick Owen Wilcox
Other Names: Eric Owen Wilcox
NMLS ID: 1064974
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Greta Nicole McKenzie
Current Legal Name: Greta Nicole McKenzie
Prior Legal Names: Greta Nicole Mc Kenzie
Other Names: Greta McKenzie-Carver
NMLS ID: 905780
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Jason Frank Therien
Current Legal Name: Jason Frank Therien
NMLS ID: 1073939
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Jason Michael Thomas
Current Legal Name: Jason Michael Thomas
NMLS ID: 899442
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Jenifer Rose Lis
Current Legal Name: Jenifer Rose Lis
NMLS ID: 243569
Location(s): Columbus, OH 43221
Represents: Ocwen Loan Servicing, LLC (1852)
John Andrew Coaster
Current Legal Name: John Andrew Coaster
NMLS ID: 802182
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Company: Ocwen Financial Solutions Private Limited
NMLS ID: 15877
Start Date: 01/30/2013
License/Registration #: 104785 Original Issue Date More Info : 01/30/2013
Status More Info : Approved Status Date: 01/30/2013 Renewed Through More Info : 2013
Currently Authorized to Represent More InfoManish Kumar Paul
NMLS ID: 1003972 Phone: 561-682-8000 x68124
Fax: Not provided
Other Names More Info : None Prior Other Names More Info : None Prior Legal Names More Info : None
State Regulatory Actions More Info : None posted in NMLS.
Employment
Authorized to Represent More Info : Ocwen Financial Solutions Private Limited (15877)
Has anyone ever dealt with Ocwen Loan Servicing out of Fort Washington, PA. Wells Fargo is telling me that Ocwen Loan Servicing is the Investor for my 2nd Mortgage which America Servicing Co/Wells Fargo is the servicer. What I need to know is what is the best way to go about finding out if they are the actual investors and if they even have any records of my loan. My guess is that I am going to get the run around and probably will find out that they know nothing about the loan. jsmith5915@msn.com. James Smith
JAME Smith: look in this NMLS WEB SITE for LIC# of Ocwen LOan Serv LLC http://www.nmlsconsumeraccess.org/Home.aspx/SubSearch
Ocwen Loan Servicing, LLC
Current Legal Name: Ocwen Loan Servicing, LLC
NMLS ID: 1852
Address: 1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
Branches: AZ, CA, FL, GA, HI, IA, MA, NV, OH, PA, TX
MERS is the paperless system that took it upon itself to take the place of the County Land Records which allows banks to pass loans around like a bottle of whisky without LEGALLY providing any clear “chain of ownership”…
MERS is illegal and is the very reason so many States are going bk because they have not been receiving the filing fee’s for “legal” documents providing the “chain of ownerships” since MERS was created in1996!!! MERS was created BY THE WALL STREET BANKSTERS to allow them the un-regulated transfers through the NO PAPER system and was drafted by a Law Firm headed by ERIC HOLDER…The Director of the Department Of Justice!!!!
If we don’t VOTE to get rid of these BANKSTERS in betted in our Government as legislators…we’re finished! Research who you are voting for…if they worked for BANKS in their past…PASS….we have the power in the voting booth but know who’s who in the revolving doors….NO BANKSTERS IN GOVERNMENT….
Amanda during your research do you know if it is illegal for MERS to assign Deeds of Trust. I have been told that it is illegal. I have a DOT that MERS assigned and I need to find out if the document is enforceable, because MER did the assignment
Below under “Fighting MERs in CA” someone stated.
3) Any assignment of the Deed of Trust & Note from MERS to a successor is void and fraudulent.
I live in Maryland and I have a Deed of Trust that MER’s assigned to successor. Can someone tell me if this is a true statement.? Do I now have a fraudulent document. Would someone be willing to send me their email address so I could scan and send to them, so they can let me know in fact this is a fraudulent document. My email address is jsmith5915@msn.com 443 677 2799. James
check your county records. I found out that Mers assigned my homeloan to different LLC’s companies (SERVICERS-only debt collector) and sure enough they inflated our income and wrote loans for more that $2millions dollars!
JD
November 10, 2013 at 12:04 PM
Hi Amanda. It’s a matter of whether or not the presiding judge decides to ENFORCE the law. I’m challenging that issue right now here in Vermont. Go to livinglies.wordpress.com and go to the lower left of the main page, scrolling down, and you’ll see a tag cloud. Click on MERS (rather large).
Here in Vermont, the presiding judge previously ruled that MERS cannot hold a mortgage because it would also require they hold the NOTE, which even MERS says in their documents they cannot do. The Owner of the Note is the party who actually paid money, and is usually the Investor.
With my loan, I went to the MERS site, https://www.mers-servicerid.org/sis/index.jsp, plugged in the MIN # which is at the top of the mortgage (Usually Exhibit B), if it hasn’t already been redacted. (My first case against Citi showed that the identifying numbers of the loan, including the MIN #). This second case shows all that information REDACTED. I’ll be using that fact later against them.
I assume Wells Fargo is showing up as your SERVICER. Are they the party suing you? It is helping, in my case,to show that the bank admits to being merely the servicer, thus without power to foreclose.
Then I hit the “BORROWER” link on the bottom, entered the info on the next page, and on the bottom of the page, the Investor showed up. Probably FreddieMac or FannieMae. If their Complaint is from Wells Fargo, you should be ok, since the investors are the ones who lost money, not WF. The suit should have been filed by Freddie or Fannie, but I doubt it.
-JD
PS: The above is my opinion, I’m not a lawyer, and I’ve never been in a Holiday Inn Express.
look what I found out about the latest “assignment” Ocwen Loan Serv LLc NMLS 1852 and Altisource TM-dba Western Progressive LLC-Mandan Kumar pretending to be “attorney in fact”..
Doc No: 2013-0056477 Record Date: 1/28/2013
Reel: 0 Image: 0 Pages: 3
Document Type: ASGT TRUST DEED
Grantor(s):
AMERIQUEST MORTGAGE COMPANY
O ROURKE GEORGE M
O ROURKE AMADA L
Grantee(s):
WELLS FARGO BANK N A
Descriptors(s):
DOC 973029 2004
Financial Crimes Law Enforcement/Subpoena Contacts List
See this lady? The one on the left? That’s Amada O’Rourke. (The one on the right is her daughter, also Amada O’Rourke.) See those sheets of paper she’s holding? The ones that are all stapled together? Great. Those are the number of times that her client’s mortgage was bought and sold illegally. http://occupytheroad.wordpress.com/2011/10/14/fun-with-mortgages/#!
Cease and Desist Order against Citi and Wells Fargo.
There is currently a Cease and Desist Order against Citi Mortgage. Below is the complaint that I sent to Office of Comptroller and Currency.
There is currently a Cease and Desist Order by the Office of the Comptroller of the Currency against Mortgage Electronic Registration System. I am writing because I want something done about the Banks and MERS, because they continue to perform illegal transactions. I recently had a document that was posted to County Public Records by Citi Mortgage and MERS. It was a Deed of Trust for a transaction that was done back in 2005. Something was not right about them just now posting this document after so many years. I goggled the person that signed the document, Geraldine Ann Belinksi, Vice President. I found another Deed of Trust online that had the same person’s name on it, but this time it stated that she is the Assistant Secretary. I immediately got on the phone and called the office that was listed on the document, Citi Mortgage, 1000 Technology Drive, O’Fallon, Mo. I located the office where this individual worked and discovered that she is a mere processor. This has gotten out of hand and I am very skeptical that any of the transactions and documents that I have through Citi Mortgage are legal and binding. Why are they allowed to continue Robo Signing documents? I can be reached at 443-677-2799. Thanks James A. Smith
I did not call MERS to verify that she worked there. I call Citi and they stated that she was a processor. This is response that I received from Citi regarding the complaint
“Our records indicate Geraldine A. Belinski is a Certified Appointed signor for Mortgage Electroic Registration Systems Inc.”
My question is, does MERS have employees that work in Citi facilities? I do not believe this. I called and verified that she worked there and they stated she was a processor. How can I verify that they are lying, because Im sure that OCC will believe what Citi’s response was.
James Smith 443-677-2799.
You would need to have Citi produce the list of MERS-Approved signors as of the date of your document. You should also be requesting the CORPORATE RESOLUTION between MERS and CIti.
But here is where the MERS garbage is actually legally in disarray: The MERS that is on your DOT is not the same MERSCORP that actually has the resolutions.
Also, the documents generated by MERS indicating who the approved signors were/are NEEDED to be authorized by the MERS BOARD. They were never acted on by the board. The guy signing for MERS was the secretary to the board. It SHOULD make a difference.
So far, I do not know of any courts that have actually stepped into the mess of MERS corporate structure, and the way they dissolved a prior entity. I think you can find the full details of the 3 or 4 different entities that are distinct, but the courts and far too many borrowers, have blurred them into one entity in their filings. The problem is that the structure of MERS is so convoluted that you probably would not get anyone on the bench to keep their eyes open to read the history and how this SHOULD cause MERS to have no capability of doing anything on any case.
Check the MERS address and see if it’s the same as address as for CitiMortgage. Of course it is.
Shelley is helping me out with my robosigner. She passed along 10 titles for the same person! Ask her if she has run across Belinksi’s name. shelleystotalbodyworks@comcast.net Good luck! She’s a fantastic resource and a good person.
No they are signed by Geraldine Belinski Vice President. I found others online and she was Assistant Secretary. So I tracked her down and called the bank. She is just a processor.
This is the same stuff that Chase has been doing. The only reason why they changed from signing as an assistant secretary to Vice President is because the “assistant secretary” signatures appear to be a not as a official looking as when someone signs as a VP. Most of these people that are signing as VP of Citibank, Chase, BOA, etc are simply that paper signers they sit in large call centers, where on any given day someone of them go into a room, sit at a large table and start signing away on these types of documents as VP, Attorney In Fact, etc. The bank will always tell you these people have the legal authorization to sign as VP, etc because they are actual employees of the bank not MERS or the FDIC. Have you checked the notary on the document? I would also look up the notary if you haven’t done so already. You should be able to get a copy of the notaries appropriate signature from what ever agency that regulates it for the state they are commissioned in for example we had a notary that signed something out of Ohio, so I called and had their notary application emailed to me for verification of signature.
Ck the VP signature of your assignments dealing with Citi Mortgage. See if any are signed by a M. Mathews or M. Wileman? These are Orion Financial employees and owners not Citi VP’s nor do they any POA to sign.
Howdy Folks, Just have to share one story throughout our 8 year ordeal. During 2011, our Meditation was set for hearing at the Collins Center in Pensacola, Florida. I was very excited about the meditation because finally, someone professional would listen to our side. Our meditation was between CitiMortgage, their attorney, ourselves and our attorney. Well, the 1st meditation went nowhere with 6 wasted hours. The second meditation, Citi’s Attorney was late, meditator left our file at his house, after submitting ALL paperwork, we had an home insurance policy ready to go in place, they were just waiting for the phone call then BOOM….Citi decides that unless we purchase the policy that meditation would be continued. Our attorney defense was, “Why should my clients pay additional monies for insurance if we cant come to an agreement concerning their mortgage”. Folks, getting home owners insurance when your home is in foreclosure is a nightmare! Not only can you hardly find any, you are charged way off the charts. One quote was over $7,000.00 a year for an original $60,000.00 mortgage. What! So needless to say the meditation was scheduled for the 3rd time. We show up for meditation the 3rd time, Citi has new attorney and the attorney knew nothing about our case. While my husband and I are sitting around this huge conference table, our attorney is educating Citi’s Attorney about our case and how Citi misapplied our payments and put us in wrongful foreclosure. All the same time Citi had a modification “Expert” on speaker phone working out numbers for us to settle. Well, Citi would never tell us what numbers they were plugging into their mysterious system. Well, the meditator gets mad at our attorney for doing her job very well and send us to the other conference room to sit by ourselves while Citi does what Citi Does……We still haven’t figured that one out. So we sit for hours, excitingly waiting our deal and finally, we get invited back to the conference room with the meditator and Citi still have no deal for us. But, our attorney gets it so that Citi must make an offer or decline by 3pm that same day. Well, we knew where all this was headed at the end of the 1st meditation, so I made all involved a special gift. You know, for their time and caring about our situation. As we are sitting around this magical table, I of course have my 8×10 framed photos setting out on the “table” of our lovely home and I pull out of my briefcase………….4 Red Solo Cups that had written in sharpie……”Freddie Mac can kiss my Ass”.
LOL! Needless to say, they did not think it was funny. But…….they were all holding their cups and looking at us when we left. Sometimes folks……you just have to do what you have to do. Priceless!
Have any of you received a “Help for Homeowners Event” flyer in the mail? Sponsored by HUD and the Treasury Dept. I love how it’s taking place at the oh-so-ritzy Westin Diplomant Hotel in Hollywood here in FL.
I am so sick of everyone — servicers, govt agencies — wanting to shove modifications down our throats, so that we can continue to pay for this Ponzi scheme ’til the cows come home. What a sack of shit. If only we could sue for emotional damages.
K.B., The funds used to put on the above event are part of the mortgage abuse funds paid out by the largest banks. I would recommend attending. There are grant funds available to help certain folks that qualify. You wont know until you try. I know of a homeowner in Northwest Florida that received a $25,000.00 grant and another nonprofit agency matched the funds. The funds were used towards past due on mortgage and were able to save their home. Good luck and educate yourself. HUD is very helpful and full of resources. They will open doors that otherwise would be shut to you. Don’t waste energy focusing on Ponzi scheme; put your energy into something that can benefit yourself and your family. Stay strong and stay positive. The old saying is, “You can catch more flies with honey”; not to mention the folks you will meet at the event. Networking is good. Just in case, call to verify that this is a HUD and Treasury Department sponsored event.
I’ve also had to deal with Robo signing issues dealing originally with Citi Mortgage. My experience however is that issue does not necessarily lead to any type of relief or help with any foreclosure that may occur. It appears to be an old issue in the courts and if necessary Citi will just redo the Assignment and have a current (real) VP sign. I have 7 assignments with forged signatures. What appears to happen is Citi contracts with a law firm or document processing company who knowingly creates the Mortgage assignment document but then has someone other then a real Citi VP sign. Apparently Citi needs a layer to buffer themselves from this scenario rather then draw up this document in house in 2 mins and have a real Citi emp sign it in 2 secs. With regards to your second mortgage, it may be classified as unsecured, so it has been just written off. I’m unsure if the documentation you signed gives them leverage to attempt to foreclose. 3) With regards to QWR’s, I’ve written many, very few were answered with regard to the questions or documentation. It’s a nice paper trail but nobody’s enforcing any unanswered QWR’s that I know. Citi actually told me that after 1 year of an Assignment change they are not required to answer and referred me to counsel who have resigned.
I need some direction and help. Cant afford and attorney, but Im almost positive I have a case. I actually have 3 different issues going on. 1. This has to do with my 1st Mortgage, Citi Mortgage. I have clear evidence that they are still robo signing documents (never mind that there is a current court order for banks and MERS to Cease and Desist robo signing documents). I discovered some recently posted to public records pertaining to an action that occurred back in 2005. I called the back to speak to the Vice President that was listed on the document and low and behold the individual listed as Vice President was a mere processor. 2. Has to do with my second mortgage which is with Wells Fargo. We got behind on our payments, requested a modification and they said they we were not eligible because it was a second mortgage. In the mean time I have been conducting some research trying to prepare for a foreclosure. Well I found out that Wells Fargo is reporting that they wrote the loan off. They are not aware that I am aware of this and did not send any correspondence to indicate that this is what they were going to do. I still continue to get calls from them asking for payments as if nothing has happened and they have not taken any action. 3. I also in the mean time requested a Qualified Written Statement From them. The did respond but responded with less than 5% of the items that I requested. I know deep in my heart that something is fishy with them. I honestly don’t think that they have the original tile or deed. They did not even sent certified copies which I requested. They are just stamped as copies. I am at my witts end right now and don’t know were to go from here. If anyone can find it in their heart to guide me in the right direction it would be great. I just think that I should go on the offense instead of sitting around waiting for something to happen. I know deep down that something is wrong with this picture I just don’t know what to do at this point to come out on top of all of this. I can be reached at 443-677-2799 or jsmith5915@msn.com. James Smith
James, first thing I would do is request a complete payment history from CitiMortgage. They will not want you to have it, but stand firm. You may find what you need to fight your case in the payment history. Lots of things go on there that most folks are not aware. As far as modification, they will tell you that you must be three payments behind. Lots of folks messed up not making the three payments. However, I do know some folks that did not pay the payments and still won. Issues with high interest rates, excessive charges, etc. Our payment history concluded that we paid $618.44 per month plus $20.00 for electronic payment, thus totaling $638.22 per month. CitiMortgage only credited partial payments of $598.00 per month for years without our knowledge which was a difference of $40.44 per month in actual payments. If Wells Fargo wrote off the second mortgage, don’t worry about it. They have done that on thousands of loans. They probably sold to another creditor. My guess it makes it easier to foreclose with one mortgage. Document, document, document. Do everything they ask. It wont be easy, but through this process you will find your smoking gun. Good Luck. Don’t accept anything more than you feel what you owe. Get a current copy of your credit report and check for wrongful reporting. And Citi probably does not have the original title or deed. Dead horse! Don’t waste time on that issue. Defend your home; its the largest asset in most folks lives.
James Smith
November 5, 2013 at 6:07 PM
Imanda, the thing is that we are current on the first mortgage. It was the second that we had issues with. Its probably 8 months behind, but again a representative at NACA viewed my credit report and said that Wells Fargo the 2nd was reporting it as written off. I just happened to stumble up on the robo signed documents for the 1st. Just wondering why WF did not notify us that it was written off and why are they still calling as if they have not taken any action. Im just wondering also if they are going to report this to the IRS if they did right it off?
Imanda Waldon
November 6, 2013 at 8:20 AM
James, Get your own copy of your credit and investigate whether WF wrote the 2nd mortgage off. Regardless, a 2nd mortgage is tied to the house and property as collateral. Heres where the complete payment history will come in handy; did WF merge that amount owed to the original loan? I don’t know the laws in your state, as I am in Florida. Stay current on first mortgage and investigate your case. If WF did write the loan off; be careful making payments to another creditor. Once you make the first payment you are assuming responsibility for the entire amount. If WF wrote it off, yes, you are likely to get a 1099. Check with your accountant or tax person regarding the Mortgage Relief Act. You do have a one time write off. Robo signing, lost original deed and mortgage, don’t waste valuable time on them issues. Good Luck! WF wrote off thousands of 2nd mortgages. Maybe predatory lending, excessive fees, high interest…..who knows. But, the fact is, you borrowed the money, its only right to pay back what you owe…..but you shouldnt have to pay the CEO’s Salary.
@ James and Imanda – A ‘profit and loss write-off’ on a credit report is simply taking the loss against tax liability for the creditor. It does not mean that the debt is wiped off or that the debt is still not owed. The only means that a debt is wiped from the slate is if there is a satisfaction of mortgage that is filed on the property within the public records. Secondly, a lender cannot ‘merge’ a first and second mortgage together. period. They are two entirely different mortgage vehicles. I wold check the public records on your property to see if there has been a satisfaction filed. There is no requirement for a creditor to notify you that a debt has been written off as it is more of an internal function for tax purposes on behalf of the creditor. Even if a debt has a ‘write off’ they still have the ability to collect on that debt. However, filing for foreclosure is usually not in their best interest as the 2nd position nets them nothing unless there is a large amount of equity in the property. I would consult an attorney after checking the public records to see if there are any ramifications that could be taken against you. If the lender sells the debt to a collection agency they do have to file a satisfaction of record within 60 days of the sale to the collection agency. At that point, you could offer to ‘settle’ the account (usually for pennies on the dollar) or to file for bankruptcy protection (excluding the home with the first mortgage) to wipe out the now unsecured 2nd held by the collection agency. So, the calls that you are receiving from them to collect monthly payments is typical. I would also check to see if your second mortgage is or has been sold on the secondary market (Fannie, Freddie) as that would make it a totally different situation.
I have not heard anything bad about SunTrust at all. Just be careful of loan modifications. My personal experience and watching folks obtain them is by the time they are finished with fees and interest, the equity is stripped in the home. And don’t fall for a balloon payment at the end of the loan. Good Luck! Stay away from any government modification.
Congrats on your specific successful fight. The problem is not everyone’s case is similar to yours in regards to misapplied payments. Many are in the boat of actually having missed payments and therefore the mortgage companies do have some right to attempt to foreclose. The details in those attempted foreclosures however show a long line of errors some even criminal and by the time you get before a foreclosure judge he has little sympathy to rule against the banks and offer any relief regardless of these details. You owed a mortgage, you stopped paying, you lose the house.
Howdy Folks, We have been fighting CitiMortgage for 8 years to the date of settlement on November 01, 2013. I want to share some great news and its been a long hard road; but worth it! After 6 years fighting CitiMortgage over lost mortgage payments that came directly out of our checking account (Citi Rep stated our payments had been blacked out), I hired a new attorney…..a Real Estate Attorney. Citi has put us through anything a homeowner can be put through……..strong armed us, threatened us, laughed at us, 3 mediations wanting us to sign documentation for 3times what we did NOT owe, property inspections, one property inspector had a bulldog in his car that was vicious, filed false motions, lost our original mortgage contract, scam modifications that they never get all the paperwork, time frames, time limits, accelerated interest charges, force place insurance scams and cost, deputies served my daughter 400 miles away, loss of job from mental stress, etc……….Well, heres what we settled to: Citi sold our loan to Carrington during litigation, so Carrington had a mess. We settled with Carrington that we pay $31,000.00 for our house, 0% interest, payments for 48 months, no early payoff penalty, clear title, not def/,liens or judgments, that puts $70,000.00 equity in our home, properly report to credit bureau that mortgage is paid in full, satisfied, they pay legal fees for banks which exceed over $100,000.00. Carrington representative stated that this is the first time that Carrington has been able to talk an investor into settling a disputed claim with a homeowner. So maybe this can help some other folks. Don’t waste time talking to the legal department, you have to talk to loss mitigation and talk only with the person that has the authority to get the investors permission for your loan amount, reduced principal, short payoff program, etc.. These mortgage companies are paid with federal money to write down your loan or make you an acceptable offer. But, your claim must be legitimate and you must be able to prove it. If they make you an offer, make sure it is in contract form and signed and dated. I also called to verify that our representative was an employee of this company and confirmed his title. Folks, do not let them put “Short Sale” on your credit. It will stay there for 15 years! I want to say a Special Thanks to this organization for all posts and educational material put out there for folks like us to assist in defending our rights. Your home is your Castle; Defend IT!
I see a problem, unless you can clarify it for me: The only interest Citi can assign to anyone, including Carrington, is the interest they had in the loan to begin with. If they are not the correct party to assign the mortgage, then the mortgage Carrington “holds” is void. Never happened. DOA.
The bottom line is…..we SAVED our Home and within 48 months it will be free and clear, no interest. Banks want folks to sign the HAMP or TARP because in most situations the mortgage is another 30 years with amounts owed (legitimately or not) put to the back of the contract. We refused to sign anything with a 30 year mortgage on it. What was really interesting through this, is that the mortgage companies would qualify us for a 30 year $160,000.00 plus loan but would not qualify us for a $30,000.00 loan. At one of our mediations at the Collins Center, the mortgage companies attorney left OUR mediation to go get a McDonalds hamburger. LOL Do I ever wish I had filmed our mediation uncover style. It is amazing at what they get away with at our cost. The bottom line is…….5 different attorney firms did not foreclose on our home. We feel very blessed.
Has anyone ever received a “confirmation” that BofA received your mod package, even though you *didn’t* send one in???
Either their record keeping is *really* bad (duh) or there are bank elves working on my behalf (or against me, who knows).
My mom completed one in… 2009? And was denied. We haven’t sent one in since. Haven’t paid a dime for ~14 months. They send mod packages regularly via FedEx. I always ignore them because I know they are fruitless. Nobody in my household has completed one.
Either way, whoa.
Can’t wait to see whether they deny my imaginary mod in “10-15 days”! haha
I received a mod package from BofA that I requested, but inside it wasn’t my information! It was some gentleman in Florida! Yes, their record keeping is terrible! Then they called today and, though I’m working with yet my third employee there on a modification (they keep quitting!) told me my deadline was up. My rep knew I wouldn’t be able to provide bank statements and paycheck stubs for a new job and new bank until after the first part of November, yet today they told me my deadline was November 1st! Of course NONE of my paperwork had ANY deadline on it. This is the FOURTH package I’ve attempted to complete. The first, they never sent. The second, I completed but (according to them) didn’t do correctly, was given like less than a week to collect all these documents, and it expired on me. The third had someone else’s name and info all over it. The fourth magically expired without a given deadline, though I spoke to a rep not even two weeks ago, informing him that I couldn’t give him what he wanted until mid-November. He said that was fine. Now he’s gone. His replacement hasn’t returned two phone messages, then magically, they want me to fill out a fifth package. I’m sick of this.
k.b.
November 6, 2013 at 8:19 AM
Hey Amy, I am assuming they sent you a “Notice of Intent to Foreclose” via snail mail and did not serve you with foreclosure papers. I would encourage you to submit a Qualified Written Request to the bank (the address for BofA QWRs is available online); QWR templates are also available online for guidance. Their response will include your payment history, so long as that is requested in your letter. I would highly encourage you to have it notarized and to keep a copy for yourself. I would also submit a complaint with the Consumer Financial Protection Bureau, and possibly the Office of the Comptroller of the Currency, that explains how they’re giving youths runaround, and especially how they sent info with another name. If the bank takes longer than the legally mandated 5 days to acknowledge receipt and 15 days to provide all of your documents, then you should submit additional complaints to the CFPB/OCC.
Do you know if you have a loan backed by Freddie Mac or Fannie Mae?
I have been known to kick a little &*^% from time to time….. I know I can help you, I won’t charge, it will help you, and well, in case you did not get the memo, the tide has changed….do these things NOW.
GET registered with the CPB (consumer protection Bureau). That “B” is for big….cause Bureau comes with “R” or Resources….
Log with CPB and then ‘go public’…..let the world know that since 2007 people like you are STILL being abused. I lost two homes to MetLife(FretLife) but they lost hundreds of millions to me and others like me, people who are smart, have nothing left to lose, and who NOW will stand with Lady Justice to MAKEHERDELIVER. Start with your Mayor too, document that this crisis is having a horrible effect on YOUR Community and you expect him/her to stand on the light side of the law, not the dark…..
Then call your banks CEO and ask for a secure and personal fax#. Send your letter after you had it notorized….the letter will read:
Trevor Hitchin asked me to ask you to NOT steal this home. He said your are likely now the target of a massive INTERNATIONAL/Global investigation whereby ‘Executives and Sr. Managers’ were tradionally protected by the Corporate Veil and well, now that the US did not regulate (nearly 10 years after the firealarm “Houston we have a total banking ethical meltdown – over” ) itself, the larger dragon enters and does it for the smaller dragon….just before eating the smaller dragon..
Send you story to CNN, both Coast’s major Newspapers (LAT / NYT) and if your Bank has International (institutional investors)Shareholder Services contacts, then – contact them. Let them know you are seeking criminal prosecution for the crimes being committed against you, full of MERS non-registration of Deed etc….whatever you can substantiate with evidence. I filed a police report with Boise City Police over the illegal filing of falsely notarized and MATERIALLY significant docos with OUR United States Federal Courts…..get a DR# for your police report, even it the crime is that the bank is being unavailable, negligent, fraudulent, whatever the case may be…..DOCO it!!!!
Next………… get that police report and a SUMMARY (2 page max) of what happened to you. Fax that to Senators E. Warren and E. Wood.
Fight back – THAT IS THE MESSAGE. The gloves came off for me years ago, just after MetLife filed a false police report against me (for fighting to save my house), after they lied to the Courts, after they had the nerve to think I would not report them to the Dept of Comptroller of the Currency. I wrote them times (to the CEO of FretLif) and 5 times they wrote me back, laughing, saying they did nothing wrong.
They are not laughing anymore. Either is Jamie D over or Bank of America Exec….. BoA is closing the Idado branches so after 30 years of loyalty, I get $70 in service fees and notice that I will no longer have banking outlets with the trusted B o A…..get it? No trust, no bank….they are self-destructing.
Take gloves off, fight. Keep us posted and I will do the same. I am asking for MetLife to now (nearly $1B in punches later) settle with the little people…..US.
Trevor, I’d love to talk to you more. I’m confused on some of the stuff you suggested. Countrywide was taken over by BofA. I’ve asked for loan mods and they denied me repeatedly, even though with a divorce, my income is now half. They say I don’t have a hardship. Finally, I stopped paying. I didn’t pay September or October. Now, Nov 5th, they called and said I was like 5 months behind. BALONEY! And I can prove it. You can read my comment above about how they mishandled my mod packages and how they sent me confidential information for Carlos someone in Florida, over 1000 miles away. I had a broker read between the lines of my contract (that I signed with Countrywide, but was taken over by BofA without any notification), and she found out why I now, after 8 years of PERFECT, ON TIME payments, I owe $25,000 MORE than what I originally did! And they want $80K before they will refinance! Are they on crack? If I’m asking for a hardship loan mod, do they really expect I have an extra $80K lying around? I’m working with a rep (my third or fourth one; the others all quit…probably because they found out all the crap they are doing to people) and even that didn’t stop them from calling me today to say I haven’t paid in 5 months (lie!!!) and they sent a foreclosure notice. I told them to come get it. If I owe $25K MORE than what I did 8 years ago, they will NEVER get their money out of it. I really don’t care. I’d like the bastards to fry though!!!
How can I reach you?
Imanda Waldon
November 6, 2013 at 8:00 AM
Amy, its all a shell game; one department doesn’t know what the other is doing. Get a complete payment history for your loan. You will find bogus charges added to your loan or accelerated interest charges. You really should hire a Real Estate Attorney/Foreclosure Attorney. You case is starting out just like ours. After 18 years of paying on our house, we owed more than the original loan. BOA has a bad reputation. Be careful of loan modification, they will strong arm you and want to put all the extra fees to the back of the loan making it impossible to ever pay your house off. If you received a foreclosure notice, you have only a certain amount of time. You are getting prepped for “Ready, Set, Go”…….you have 20 days to respond and provide your proof. Good luck, be smart, watch the traps! Don’t sign anything they wont put in writing. Get a financial advisor from your local HUD office.
Take your package to the grand jury in your county. Tehy are not lawyers, not bankers, the prosecuting attorney works for them. Let’s put them in jail one at a time 🙂
The news media will not print or report on this scam by the banks…the banks own the media!!! I have filed many complaints against the banks and nothing has ever been done! Our reality, the banks are stealing our homes and the Courts are allowing them to do it….that’s our new world. There have been several movies on this issue, however, they do not get distribution or advertising because the BANKS own them…I speak of the FBI, the IRS, the CFPA, local District Attorney’s and so on…you can’t even get a small town newspaper to print it…we are screwed and that’s just reality…I have fought in California and Florida…it’s the same story in both states…Banks file fraudulent documents to the Courts…ie: Assignments, transfers, no dated notary signatures and all…no matter, the Courts are turning a blind eye…and why? Because the Judges either obtained a 1% interest rate on their own loans or they have their retirement in the “market” and will not go against them…no matter the mounds of proof stating the scam…we are screwed, period!
its happening to me to by BAC scammed me on a loan modification, now bank of new york melon and cwalt r taking my home, my lawyer doesnt seem to be able to do much about it.
Carol…stop paying an Attorney…you’re just helping him/her pay their own mortgage! Most lawyers won’t come on as strong s is needed because they want to remain in good standings with the Judges….plus, no Lawyer is going to put in the time to investigate themselves…YOU need to get the evidence of the forged documents, I have spent more hours than I realized in the Law Library finding the laws the banks are breaking…it’s not easy to do the digging…but no one cares more about you than YOU…Lawyers are dead in the water on these fraudulent foreclosures….Fight as Pro Se and nail the bastards with your own evidence…the Judges surely know and you need to let them know…that you know what they are doing!! Good Luck…we all need things to turn around or we will become a homeless America!!!
I have a website started at http://www.phhmortgagemustbedestroyed.weebly.com where I’m posting files concerning my own experience with USAA, their mortgage processor PHH Mortgage (doing business under 28 other names in Texas), and their foreclosure mill Barrett, Burke, Daffin, Frappier, Turner and Engel. I believe I’m class member #1 in Texas, and looking for other class members. BBDFTE has a patented process (posted on my site) that enables them to process 250-500(?) mortgages per month, from tombstone notice to public sale, in 26 days or so. Their activity exposes their client, and their client’s insurer, to relatively large penalties, whatever necessary legal fees of collection, and requires restitution effort to class members. I hope to lay out the process to a grand jury soon from the viewpoint of organized criminal activity and pursue depositions of all the individuals in the chain. It is still a crime in Texas to steal money or property, and some of these individuals are surprised when I bring up that possibility. Whoever your mortgage processor is, you should make them aware of that.
Under the RICO Act, the BANKS are operating a “continued criminal enterprise”…which is the law that the cops used to bring down the MOB…these bansters are the new MOB and it would take just one District Attorney to file…good luck on finding one:-)
With regards to US Bank assignments, I would review the signatures of the VP. I’ve seen many where they are signed by the Customer Service reps of your servicer claiming to be a VP for US Bank. If you call US Bank’s Trust Dept you will be told Ocwen or Vericrest or whoever does not have a POA to sign these documents, never mind pretend they are the VP of their Bank. You will likely need more evidence as some judges could really care less their is a forged document being presented to their court. I’m sure however if we drew up a satisfaction of mortgage letter and personally signed it Donald Duck as VP we would be lead away in handcuffs in court. Assignments are fill in forms that take less a few mins to complete and 2 secs to be signed properly.
Hi Mark2 I’ve been on a merry go round since 2008..from trust to Countrywide to Wilshire to 3 private investors..just when you gain ground with one they reassign or sell. Investors are not interested in modifications. They have my loan underwater by 40 grand. I am hoping the loss mit will allow me the chance to try to negotiate a settlement. Loss mit is brand new in the Northern District Bankruptcy court. We are guinea pigs for the courts…There are issues with the assignments as well. I’m utilizing every resource I can.
I could collaborate on this movie with you. In Chapter 13 as well Loss mit hearing 10/28 ..mine is now owned by investors as well ..assigned numerous times… It was originally in an MBS trust. . how can you take an apple make juice then have an apple to slice up again…??? Courts allow to fraud day in day out. Good luck!
If you are capable of writing a book, stop hiring attorney’s who just take your money and will not fight the courts in their districts because they want to remain “friends” with the courts! The attorney’s will not fight as you, the homeowner will. Write your own pleadings, Notices and objections and fight these banks on your own. Get it straight…stop giving your money to attorney’s who are using your money to pay their own mortgage payments!! Just a suggestion from another homeowner fighting the corrupt banks in the corrupt courts!!
April 2007 Original Mortgage by First Magnus Financial (out of business)
Late 2007 Freddie Mac acquires mortgage with Wells Fargo as servicer
2008 lost job Wells Fargo with Florida Default Law Group files for foreclosure
Wells Fargo offers Trial Modification Plan, collects 3 months of payments and denies plan.
Dec 2009 Freddie Mac forces Wells Fargo to take mortgage back.
Mortgage sold multiple times with what looks like phony assignments.
Still fighting through chapter 13 and hoping just to get a modification.
Went to chapter 13 modification meeting, big joke. Supposedly new note holder claims to have bough note from Wells Fargo (remember I said multiple owners) they are investors not interested in a modification (my attorney knew that before he scheduled mediation ( but he gets $2000 from trustee for scheduling it) there is no more money to be had so he is asking to be let out of the case) good riddance. Have hired new attorneys and hopefully something good will come out of all this. It seem that everything that could go wrong with a foreclosure, happened to me. I’am waiting to see what happens next. Then I’ll write a book with movie rights.
sorry its your own home that enlightened you, in my case it was an abandoned zombie house I had deeded over to me and WOW same thing as you and now in the hands of Select Portfolio inc. I fought back got mediation no results then made a deal to back off with forclosure mill for peanuts now its theirs. Next time ,well I have ideas.Thanks guys for the help and wow what a scam. Just need to find a few holes in the everchanging plan. Take the crumbs.Fla just changed rocket docet from 7 min.to 5 min whoal better talk fast
We’re awful close to a successful defense of an illegal foreclosure here in Texas! And I retain the house. Details are now public at http://www.phhmustbedestroyed.weebly.com. I’m now looking for resources to pursue the class action, and anyone in Texas who might be a class member. I don’t want your money 🙂
@ Wendy – Since you are in Colorado you are in both a judicial and non-judicial state depending on the powers of the ‘trustee’ of your mortgage, if there is one. You need to act right away as once the sale is set and consumated it is final – you have no right of redemption in Colorado. I found a site that may be of assistance if you have not already found an attorney to represent you. http://www.colorado-foreclosure-defense.com/foreclosure/
If they can’t help I am sure they can recommend one since they are strictly defense attorneys in foreclosure meaning that they only represent borrowers defending foreclosure cases.
The outcome: , after much fighting 2 lawyers a lot of continued stress and heart ache , it has come to an end we could not afford to fight anymore after losing jobs , caring for our daughter disabled and marital stress, auto accident not our fault left with injuries. We like they continued to say signed the paper ( to reluctantly avoid future costs) we will now be most likely homeless.
Lawyer recommended to take the deal, we now found out they never had the note. (but we signed the deal) hoping things would get better.
It seems they neglected to tell you that most rentals now our owned by some of same and now your credit check fails ( so much for that) the reason I am writing this is most likely we should have kept fighting but our bank account could not afford to do this anymore, or emotional strain , physical and mental stress, We feel defeated and heart broken and on we go.
I’m not a lawyer, however, it seems to me that if they coerced you into a deal, and you find that they never had standing in the first place, that the “deal” can be rescinded and should be. I may be wrong about this. I want to know where the hell “breach of contract” went throughout all of this…just a thought. From all that we have experienced, the only ones that can be sued for breach of contract seem to be homeowners; however, when the shoe is on the other foot – no harm no foul.
GO TO YOUR LOCAL NEWS STATION
WRITE A BREIF OF THE DOWNWARD SPIRAL,
A SIMPLE STORY STRAITE TO THE POINT A SNAPSHOT, ATACH FAMILY PICS, RICHES TO RAGS, CRONILOGICAL ORDER AND DO ME A BIG FAVOR SEND IT TO EVERY NEWS TV, STATION DR.PHIL, OPRAH, ELLEN ECT….. THEY WILL FEATURE YOUR STORY CLASSY NOT TRASHY, WE HAVE A NEWS STATION 7ON YOUR SIDE LOCAL REAL PEOPLE STORIES, STATION. WATCH, IM SURE THERES ONE IN YOUR AREA. LOOS THE LAW SHARKS, SHOULD ALL BE ON A CONTINGENCY BASIS YOU WIN YOU GET PAID!!!
GOOD LUCK SOCIAL MEDIA — USE IT! MY EYES ARE BLURY AND LIKE YOU IM PISSED
IVE HD 32 SURGICAL PROCEDURES IN 10YRS AND NO WELFARE FOR US SO CALLED MIDDLE CLASS, NONE LIKE YOU, NO MATTER WHAT YOUR STORY IS BIG OR SMALL ITS YOUR FAMILY DREAM AND SHOULD REMAIN PRIVATE, SO GO AHEAD AND SAY REMEMBER WHO BUILT THIS COUNTRY US THE PEOPLE THE GOV. MEDIA IS SUPOSE TO WORK FOR YOU AND I STAND YOUR GROUND HELP IS AROUND THE CORNER OH LUCK IS WHEN OPORTUNITY SHOWS ITS SELF AND ON ACTS ON IT!
PRAY TO WHICH EVER HIGHER POWER GOD POSSATIVE LUCK WILL PRESENT ITSEF TO ALL AMEN!!!!
“They are not voidable, they are simply void and form no basis for alleging judicial immunity. When a judge acts as a trespasser of the law or when he does not follow the law, he loses subject matter jurisdiction and all of his orders are void or have no recognizable legal force or effect.”
This speak only to the void ab initio aspect as a trespass and that this only explains that the judgment is of no account, but does not in any way allow you to sue the judge – prove me wrong by filing a lawsuit against any judge and the attorney representing the judge will automatically have his motion to dismiss granted on the basis of absolute judicial immunity for judicial function, but if the lawsuit alleges an administrative act as something for which a claim can be sustained then the judge would not have this immunity and the lawsuit might proceed.
Also
“The United States Supreme Court further stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution and he is in that case stripped of his official or representative character and is subjected in his person, to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.””
This also does support a lawsuit against a judge, but that perhaps another individual in some other state capacity might be sue and lose if your lawsuit has merits, such as when someone acts under color of law or if the person is a police officer that makes a false arrest or a prosecutor provides advice and is not involved in a judicial function and that advice does you harm or injury to your rights or property and the case could be filed as a Bivens action under 42 USC 1982 and most of these are dismissed, especially when it is a layman trying to prosecute a claim and fails to state a claim upon which relief can be granted as subject to dismissal sue sponte by the judge before any motion to dismiss is filed by the defendant and I can direct you to some of those cases on Pacer or Findlaw.com to read how the plaintiff fails and the defendants never are held liable, because the plaintiff/victim does not understand how to state the facts and apply the law to the violation.
If I were to file a criminal complaint in N.J. county against a judge for lying (or perjury) in a summary judgment that was granted to plaintiff, he not have immunity ? By stating that the plaintiff presented the original documents at the hearing when in fact both the judge and plaintiff’s attorney know that is not true. Its in the court transcript. The judge only stated his fact in the Order.
I am looking to find out whether Shequita Knox (believe she is actually a Chase employee, seen her listed as Senior Operations Manager) and Angela Ruth Payne (Notary) are listed anywhere as robo-signers for Chase. I have found a few documents which Shequita Knox has signed but unable to find her name on a list of robo-signers. She shows up on some documents with a known robo-signer Miranda Avila. She has signed documents as Vice President of MERS, A few different banks; as well as Chase and FDIC (Attorney In Fact). I have found a few court cases that Angela Ruth Payne shows up in but no other documents with her signature on them. Also looking for Douglas Theener, who has signed as the VP of Chase. I spoke to a local Chase and was told he is actually just a foreclosure specialist out of Ohio. As a side note, is anyone else on here dealing with Northwest Trustee Services?
Shequita Knox work in chase office on Kansas lane in Louisiana. I spoke with her but they trained her well and she transferred me to her supervisor. The supervisor would not answer any questions. She signed as a witness on one of my documents Leshonda Anderson signed as VP when I spoke with her she told she gets paid to sign papers and answer phones. Do not waste time speaking with Chase as they are all liars. I pay my lawyer very well to fight them. It has been 2 years and chase will not produce any documents and they are in violation of a judges order to produce. I will look through my docs for there phone numbers and post when I have some more time
Tricia
September 24, 2013 at 9:39 PM
That would be nice to get phone numbers. I have actually been calling local Chase Banks to get contact information on these people. The local Chase was nice enough to locate them and tell me what their actual titles were. Yeah, I am very aware of their call center tricks.
Ok everyone, here is the winner!!!! Penni
A friend of mine sent me this link a few minutes ago…WOW! Even if you don’t know anything about MERS or don’t own a home (anymore) you DO know someone who has been or is being right now affected by this corruption. This is breaking news that WILL change this whole system…..
Please share widely, MAKE THIS GO VIRAL THIS WEEKEND! Post on your FB pages, your blogs, EVERYWHERE!!!
here is mr cox. he is In Illinois with jpm securities. has nothing to do with mortgages according to his profile
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John James Cox – J.P. Morgan Securities LLC – Carmel, Indiana
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@ Hammertime – you are absolutely correct about this particular case in Arizona, but it has little effect on those outside of Arizona. I am in Florida. Are you in Arizona? This is a great basis by which to use in Florida under another similar statute where you can prove ‘no standing’, but unfortunately, our courts are not as easily convinced as this Arizona court. You asked if I had a reference number in my case on a previous post. I’m sorry but I don’t quite understand your question. We are issued case numbers in Florida, so is that what you are asking?
Actually, I’m in CA but as with Glaski case here hopefully we are seeing a trend where more common sense is being applied. I thought I read about cases where banksters are continuing to robo-sign etc while saying the payoff of settlements means case closed. May be what I’m seeing with Chase and I thought I’m might be good to review your case and how they treated docs and signatures. I was thinking I could look up on PACER. Thanks!
WHere is the immunity trillionsof dollarsoffraud? , when
Pursuant to United States Supreme Court Case of Elliot v. Piersol
“Under Federal Law which is applicable to all States, the US Supreme Court
Stated if a Court is ‘without Authority. its judgments and orders are regarded as nullities.
They are not voidable but simply void and form no bar to recovery sought, even prior to reversal in opposition to them. They constitute no justification and all persons concerned in executing such judgments or sentence are considered in law as trespassers”.
I am signing off now and so can not leave any more replies today, except to say that I do not know why you posted your reply here as it is out of place to my reply to your question and that from your reply above it is apparent that you do not know how to read court opinions of quotes taken out of context, which is a mistake that so many people make, including attorneys that I have fought against in court. I do not mean this as any sort of insult and please take this as constructive advice to learn how to read opinions usually requires that you read the whole opinion to comprehend the real purpose of what is stated therein. You are mixing up apples and oranges somewhat. Wish you the best in your learning curve as I was once just as perplexed by having such impressions that took me many years to overcome some bad teaching by pro se or unlearned individuals that were very enthusiastic and many time opportunist out to just rip off the ignorant that have no formal college education in law that takes years to master even a small part of. More important than anything is to learn the rules of the court and read annotative versions of the rules before thinking that you can play the game. Pray this helps and is constructive and not destructive to your circumstances and reason for being involved as most others just stick their heads in the sand.
On August 31 2013 at 4:30 PM the following message board email showed up on my email page
New comment on Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge
trillionsofdollarsinfraud commented on Message Board.
in response to marilyn lane:
Trillionsofdollarsof fraud- How would this work? what is a judge trys to use a void ab intio judgment (for lack of jurisdiction) as valid would the judge not lose immunity for trespassing. ( US Elliot v. Piersol)
Sorry I did not see your question sooner – but regardless, what I said is what is! Do not see how you can claim trespassing for a judge to lose immunity as a judge has absolute and I mean absolute immunity when conducting judicial functions and might not have immunity absolutely when conducting an administrative function like setting a court date
So I replied to you.
I never pretend to be a judicial scholar but I do know what Elliot v. Piersol
refers to when it deals with Void ab initio Judgments.
A judge has no desecration but to mark vacated a judgment signed
in a state court during the time the case as under Federal Jurisdiction.
That is exactly what Elliot v. Piersol states, if a judge goes beyond
his or her authority they are trespassing. Trespass has no immunity.
Judge or kangaroo.
at trillionofdollarsoffraud
I can see why you are upset that my reply to your August 31st post to me, is overlapping with your present discussion but that doesn’t mean I don’t know how to read the court decision of Elliot v Piersol and judges immunity—see belowCASE LAW ON JUDICIAL IMMUNITY
Judicial immunity does not exist for judges who engage in criminal activity or aid and abet in criminal activity. The United States Supreme Court has stated that “if a court is without authority; its judgments and orders are regarded as nullities.” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828). http://supreme.justia.com/us/26/328/case.html They are not voidable, they are simply void and form no basis for alleging judicial immunity. When a judge acts as a trespasser of the law or when he does not follow the law, he loses subject matter jurisdiction and all of his orders are void or have no recognizable legal force or effect.
The United States Supreme Court further stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution and he is in that case stripped of his official or representative character and is subjected in his person, to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.” [Emphasis added] See Scheuer vs. Rhodes, 416 U.S. 232, 94 S.Ct. 1683 (1974). http://supreme.justia.com/us/416/232/index.html
The recent Arizona appellate court decisions, Stauffer and Huff, are significant because Arizona’s federal district courts had been regularly dismissing homeowner claims for false recordings on the pleadings, claiming that the statute 33-420 did not apply. When reviewing issues of state law, the district court is charged with determining how the Arizona Supreme Court would interpret the state law. Now we know how the Arizona appellate court interprets 33-420, and it isn’t the way the district courts were applying it. Here’s an excerpt of a motion I wrote back in Sept. 2012, asking the district court to either reconsider dismissing my client’s 33-420 claims on the basis that the statute didn’t apply to these types of documents or this type of homeowner, or certifying the legal question to the Arizona Supreme Court:
The claims relate to false claims of interest, not to “show me the note,” but despite the disparaging label, one thing is clear: parties cannot run around making false claims to collect from borrowers when those parties do not own the loan. As a Texas district court recently put it, “Banks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners and take away their homes in satisfaction of some other bank’s deed of trust.” Miller v. Homecomings Financial, LLC, 2012 WL 3206237 at *5, __F. Supp.2d __(S.D. Tex. [Hous.] 2012)(denying servicer’s motion to dismiss).
Finally, the Court erred in accepting Defendant’s facts as true on a 12(b)(6) motion, instead of reading the Plaintiff’s allegations and the plausible inferences therefrom as true, the appropriate legal standard. Plaintiff pled that Defendant did not own the loan, and that the Plaintiff was not in default to Defendant. Yet the Court adopted wholesale Defendants’ allegation that Plaintiff was in default, stating “[a]t some point, Plaintiff defaulted on the note, and a Notice of Trustee’s Sale of the property was recorded . . .” (Doc. 11, p. 1, line 22).
A. Plaintiff’s Claims Do Not Derive From Arizona Supreme Court’s Definition of Show-Me-the-Note.
In Hogan, the Arizona Supreme Court narrowed the definition of “show me the note” espoused by the district court. See Hogan v. Washington Mutual Bank, N.A., 277 P.3d 781, 782, 783 (2012). The Court specified that a “show me the note” case is a plaintiff’s claim to relief based solely upon the defendant’s failure to show the note prior to “commencing a foreclosure,” without affirmative allegations that the Defendants lacked an enforceable right in the note. Hogan v. Washington Mut. Bank, 277 P.3d 781, 783 (Ariz. 2012), as amended (July 11, 2012)(“But Hogan has not alleged that WaMu and Deutsche Bank are not entitled to enforce the underlying note; rather, he alleges that they have the burden of demonstrating their rights before a non-judicial foreclosure may proceed.”). As an ordinary part of the procedure, the non-judicial foreclosure statute does not specifically require that first—“before commencing” a sale—-that a foreclosing party show the note. The Court never said that when a Plaintiff pleads evidence showing that a foreclosing party lacks authority to foreclose, that it can never be raised under any legal theory. That would be nonsense.
The Hogan court pointed out what was missing from the Hogan Complaint: (1) “Hogan does not dispute that he is in default under the deeds of trust and has alleged no reason to dispute the trustee’s right.” Hogan, 277 P.3d at 784. (2) But Hogan has not alleged that WaMu and Deutsche Bank are not entitled to enforce the underlying note; rather, he alleges that they have the burden of demonstrating their rights before a non-judicial foreclosure may proceed. Id. at 783. (3) Hogan’s complaints do not contest that each sale was noticed by a trustee who had recorded an instrument demonstrating that it was a successor in interest to the original trustee. Id.
Unlike Hogan, which was a wrongful foreclosure case, this Complaint alleged false statements in the recorded documents. PLAINTIFF is not in default to these Defendants because none of these Defendants is a valid “beneficiary” under A.R.S. §33-801(1) or a valid “Lender” or successor as defined by PLAINTIFF’s Deed of Trust.
Also, as Hogan mandated, PLAINTIFF pled affirmative facts showing material falsities in the recorded documents which challenge the beneficiary’s identity and authority, and the identity and authority of the trustee.
Defendants’ recorded transfers were plainly false. PLAINTIFF pled how the Note was transferred from TBI Mortgage Company to Greenwich Capital Financial Products, Inc. to Greenwich Capital Acceptance, Inc. to the RBSGC Trust in 2007 or 2008. The Deed of Trust is presumed to follow the note. Vasquez v. Saxon Mortgage, Inc., 228 Ariz. 357, 266 P.3d 1053 (2011). Consequently, the December 19, 2008 Assignment (“First Assignment”) directly from TBI (who had divested its interest years before) to Deutsche Bank was false, even if the signatory had authority and worked for the alleged entity she signed for, which she didn’t. The Second Assignment, in July 7, 2011, again tried to transfer TBI’s interest to Deutsche, via MERS. Again, TBI had already divested its interest. Finally, the Corporate Assignment purported to transfer an interest in the Deed of Trust from MERS to Wells Fargo Bank on July 19, 2011. (Compl. ¶ 26).
If the Note was validly conveyed into the Trust where Defendants claim that it is, then it went from TBI to Greenwich Capital Financial Products, Inc. to Greenwich Capital Acceptance, Inc. to the RBSGC Trust in 2007 or 2008 pursuant to the agreement that formed the Trust. (Compl., ¶15). Otherwise, it was not validly in this trust. These facts show why the documents recorded by Defendants, evidencing a purported transfer of the beneficial interest via the First, Second, and Third Assignment, were false.
The transfers of interest are integral to the beneficiary’s claim of authority Only a beneficiary as defined by the statute—to be strictly construed—could validly appoint a trustee, and this could only occur “after a default” in the contract secured. A.R.S. § 33-807; Deed of Trust ¶22 (only a “Lender” can order the power of sale, and only after a default to the “Lender” occurs). If these interests are false, as PLAINTIFF alleges, then PLAINTIFF has pled facts that contest the beneficiary’s identity, authority, and interest, and contest that the sale was noticed by a valid trustee, or that the trustee had an order to exercise the power of sale from a valid beneficiary. (Complaint ¶28).”
Thanks Mark. My foreclosure is with Chase and I have been looking to see if the name, John Cox, is anywhere out there as a robo signer. I doubt if any of the names on your list for US Bank would list this John Cox name. Can’t find him anywhere in Chase, but then again, the name in itself is so common. I rather think they made up this name just for that purpose!!!
Bobbi this may help. Look up John James Cox of JP Morgan Chase. Remember JP Morgan purchased Chase Bank. This link confirms a John James Cox worked or works for JP Morgan http://financial-advisors.findthebest.com/l/573163/John-Cox This may just be something to follow-up with regarding John Cox.
I don’t know if you have already done this or not but when I was actually trying to locate information on the couple of people that signed documents for us with Chase, I called a local branch gave their names and asked for contact information, location, what position they held etc. I have had a similar problem trying to locate anything on Douglas Theener, who was supposed to be a VP but when I asked what position he held I was told he was just a foreclosure specialist. It almost appears some of these people signing documents for Chase are non-existent. Also, have you looked up the notary that signed and stamped the documents John Cox signed? That might actually we have had better luck with finding stuff on the notaries.
I re-read what you said back to Mark about John Cox being from Chase so he wouldn’t be on a list for US Bank. I wouldn’t be so sure, I have documents signed by a Shequita Knox as VP for Chase and have found things where she has signed for MERS and other banks. Just a thought.
So, we keep the Mark’s separate, I’ll be Mark2. Many of us seem to have the same forged Assignment issue. You would hope that the Courts would view it as fraud brought before them but very often they just don’t care. Their bottom line is you owe a mortgage. There is a website; I’ll try and find it, that does list current robo signers who are not VP’s of the banks, etc signing. In our case the Customer Service rep from the Mortgage servicing Co signed one as VP for US Bank. We’ve had 7 assignments done in 18 months. None appear properly executed. Hopefully you find a judge willing to listen to this debate but usually all it does is delay the end result; which is paying.
@ Cheryl – well, since you filed for BK protection while or during the foreclosure, that is totally different than someone who is not in bankruptcy court. Once you file bankruptcy (and it depends on whether it is a 7 or 13) the courts are battling both from the bankruptcy court and then in civil court in the foreclosure. That’s not comparing apples to apples.
I have to disagree Mr. Swan. We went into bankruptcy not out of need, but to give us time to figure out where the bank thought they had a right to put us into foreclosure (our attorney’s idea); it was when the bank filed their “claim” that we discovered the forged mortgage. We were afforded no protection (outside of time to figure this out) by the Bankruptcy court. The Bankruptcy court avoided the mortgage due to the forgeries, however, they then tried to sell the avoided mortgage back to the defendants, so that they could proceed with the originally planned foreclosure.
We went to the US District court (twice) and to the US Circuit Court, winning all three times and finally were awarded the mortgage void-ab-initio and no equitable mortgage. That took seven years. I don’t care where you are fighting your forgeries it is no cake walk. Don’t make the assumption that just because someone chose to fight it through bankruptcy court that they are there because they couldn’t pay their bills. Fighting forgeries, in any court, state or federal is going to be daunting; straight up.
Wendy Maunu
September 5, 2013 at 10:49 PM
I filed Chapter 13 after being put into foreclosure. I was told if I was 90 days behind Chase would modify my loan – surprise – they didn’t even notify me – just stopped taking my calls and I found out from the county. They tacked on all sorts of attorney, etc. fees, which made it impossible to get caught up, so I paid all that back through the Chapter 13 and thought I would have a fresh start. Five days after my Chapter 13 was released, Chase started telling me I was in default. They did not apply an escrow shortage payment I made during the Chapter 13, and also did not apply one of my monthly payments, even tho they cashed my check and then sent “Intent to Foreclose”. I was with Wamu at the beginning of all these years. I need to find someone to help me with this. My bankruptcy attorney has contacted Chase repeatedly, but this is not her area of expertise. I know it will continue to be difficult, but I can’t just let them take my house.
@Wendy Maunu – We paid over $50,000 supposedly to our principal only to owe $10,000 more on our home when our discharge occurred and they took a car, that according to our trustees report was paid off plus an additional $1,100. The one thing that we discovered throughout this mortgage fraud is that the bankruptcy court, for one, is mainly the creditors friend…not yours. Another thing is, that lawyers versed in bankruptcy, are not well equipped to handle these types of frauds and the banksters know that. We were fortunate enough to have a friend that was a bankruptcy attorney that was willing to take on the forgeries…however, none of us ever dreamed that it would turn into a seven year trip through judicial purgatory. We are now at the stage where it is time to pay the piper…however, it took me three months to find a reputable firm, that didn’t make the ignorant statement as to the fact that “we won the house”…I am not sure as to legal representation in Colorado, however, I am connected with many fraud and forgery victims across this country…I have a Facebook page called Share Your Story of Mortgage Fraud (https://www.facebook.com/ShareYourStoryOfMortgageFraud), that is one of the places that I connect with other victims such as yourself…it’s a good start…don’t reinvent the wheel…and by all means fight. You are not alone
@ Mark – WHAT signatures? Do you have a site address that lists various recognized robo signers? I would definitely be interested if you have such a list or site.
Bobbi I have learned to question everything. I believe what I have found could support a class action lawsuit against US Bank which is trustee to many Mortgage Backed Securities. It can put ALL of their Assignments and Transfers into question. I am willing to email what I have to anyone willing to help me. Thanks!
macy
August 30, 2013 at 3:00 PM
Have you researched who gets the biggest pay-out in a class action suit?
Mark
August 30, 2013 at 3:03 PM
I know it is the attorney’s, but many homeowners win their properties then the effort served its purpose.
Dawley Hills
October 19, 2013 at 12:03 AM
I too am going up against US Bank I would appreciate any info you have on them and I am willing to share the info I have.
@ Cheryl Sutter – In the state of Florida, robosigning is a big deal! According to your example, for instance, if you had a property that was held by a corporation and the deed transfer was signed by a secretary instead of an ‘authorized person’ of the corporation, then the deed itself is legal? Wrong!!! Same goes for persons signing mortgage assignments, satisfactions. If the person signing is not authorized to do so, then the document itself is fraudulent. Having it recorded, makes it fraud upon the courts. The bankstas are not stupid enough to try to forge actual notes and mortgages….but they do robosigning to try and ‘fix’ gaps in title, which in the proces of chain of title on a property cannot be done. You can’t go back in time and replace a document to make the chain ‘connect’. That robosigned document just may prove no standing in his case and have the foreclosure dismissed. Whether it’s dismissed with or without prejudice is up to the judge, but a pot load of proof of fraud included in the motion(s) against the plaintiff (banksta) would go a long way in favor of the defendant. My best advice is to keep on fighting the courts; and don’t give in!!! Like you, Sheryl, I am in my 7th year with my battle and thus far Chase has not been able to provide proof of standing….
I do understand what you are saying, however, going on what we have experienced as being the victims whose signatures were actually forged, it was, by the bankruptcy court to be considered no big deal. Now, if actual homeowners signatures being forged is met with such aggression, I can only imagine what someone claiming robo-signing will have to go through. I agree that it is all illegal, my only point is that you need to make sure that your case is solid and be wary of the laws that will be used against you, terming you a deadbeat; and being backed up by the courts. My heart goes out to you…no one should ever have to go through years of judicial litigation when the crime is so obvious.
We won an avoided mortgage against US Bank (Sutter vs US Bank) via US 6th Circuit Court on 01-04-2012 (www.ca6.uscourts.gov/opinions.pdf/12a0001p-06.pdf)…we are now going after judgments received as tokens (they never thought we would be able to go after and collect) during our case. At this point, we have not received proof that the note was ever assigned to them (US Bank/Ocwen)…I will gladly share anything that I have if it helps…
Macy when you see these signatures ANYONE and I mean ANYONE will see they are forged. I do not know what your professional experience is but i could show you them. Let me know.
macy
August 30, 2013 at 2:52 PM
Mark- would it not be prudent to have a forensic doc. examiner determine that forgery and enter it into evidence? Are you or a person making such allegations qualified to determine the authenticity of those signatures? Wouldn’t you want your evidence authenticated?
I am looking for help with what should be my next step. I have documented proof that the US Bank representatives signature on a “Assignment of Mortgage” is FORGED and the document was notarized. The “Assignment of Mortgage” goes in front of the judge on September 17, 2013. I have documented proof that US Bank is having individuals sign “Assignment of Mortgages” on behalf of a bank representative and then having it notarized by ROBO notaries. I have the documents to PROVE what US Bank is doing. Please help
Being someone who has survived forgery issues (Sutter vs US Bank); I can tell you that as homeowners, whose actual signatures were forged to the mortgage itself, it was a seven year battle; and that was after we got the avoidance because the bank and court felt that the bank was entitled to an equitable mortgage. We won, however, I guess my point in all this is, if the forgeries are not of your signature(s) then your chances of winning are most likely nil. My suggestion, is that you have all the assignments reviewed and look for other discrepancies that may be evident, but don’t get all fired up about the robo-forgeries.
Mark
August 30, 2013 at 1:18 PM
Sheryl.
Thank you for your response. My only thought is that in my case the bank is trying to show Cause and Standing. But, they are using forged signatures to do so. If the bank can not show Cause and Standing then they have a problem. Correct?
You would think that; however, you will have to have stone cold proof and you will be amazed at how they twist the laws to conform to their way of thinking. You see the thing with robo-signing is that is an in-house deal…although highly unethical, it doesn’t put the banks interests at risk. It would be like going to the local city hall to get a building permit and the secretary, instead of the department head, signs the permit. You still have your permit; she may get chewed out, but it doesn’t change the legality of the document…if that makes sense.
I would personally recommend spending your time trying to work thru the issues keeping you from being current and try as well and negotiate with whoever is making claims on your mortgage. Going before a judge and telling him or her your mortgage title is clouded or the assignments fraudulent often falls on deaf ears. Judges hear the fact that your behind and they really could care less as to who the balanced is owed. Set your normal payment aside in an escrow account if needed, but show your making some attempt to get back on track.
I’m in the same boat with deceptive/fraudulent responses on QWRs and posible clouded title. I’m seeing DIY/preview reports done for $250-$300 and full packages to $2,000 range.
Thanks for the info re: prices. Not sure what it will run me but I will post when I find out. Do any of you know whether it helps to have this prepared by a licensed title company? Or whether they even prepare this kind of analysis? I contacted the title company we used in the past when buying a home but they had never heard of a COTA — which started to make me nervous as to whether a COTA is legitimate.
hammertime
August 27, 2013 at 6:21 PM
They are more often used on the commercial side although you would think it would be part of due diligence for any supposed title insurance. My understanding is it’s good to have a third party/professional certification when you get to court stage. On the other hand if you still have time and are trying to get them to the table you can try it yourself. I did tech support for a property records company and basically you list every recorded document and make sure they all line up by dates, parties, legal description etc. You can google online property records and can view images without paying in some cases. Could be enough to get you going. When you’re dealing with alot of files and different parts of the country or going back alot of years is when you really need an expert. Then again someone that knows how a particular county works can pick up something that lay person may not.
The info that my servicer has provided through a 3 QWRs I’ve sent over the past 3 years is contradictory to what’s available in public record. We would argue that the title is clouded based on that + the COTA and *hopefully* this would inspire some form of negotiation. I suppose I’m just grasping at straws before we enter foreclosure proceedings.
Hey all, I have discussed the possibility of going on the offensive with our case pro se, with guidance from those with knowledge of the law and those who have done it before. We have not been served yet. I wanted to ask if any of you have ever created (or paid for) a Chain of Title Analysis?
@K.B. A chain of title analysis or “Securitization Audit” as I refer it can be effective but it really depends on how you intend to utilize the information.
@Mark asks “To prove what?” and that is a great question because the audit should answer [or raise] a specific question that will aid in your defense of the foreclosure action. At the moment you make it clear that there is no such action commensed.
Here’s what happens. Many homeowners are sold an audit report and are told is a legal document. They rely on ambitious representations in the report and make claims against the “bank” in court. As @Mark also says.. those claims fall on deaf ears.
In order to conduct the audit, one should have a solid understanding of how your courts, appellate courts in particular have decided the specific issues your raising with the audit. Audits are useless if it’s done blindly.
For example, Some states view the homeowner as a non-party in the foreclosure action therefore the audit would be fruitless even if your audit proved murder.
Other states courts have the decided key issues that make a securitization audit worth while. As for the county records that you mention in your post, keep in mind the audit does not focus on land records.
I do agree with your general view that the COTA may offer you leverage to obtain a loan modification but I would hestiate to say that it has a specific use with loan modifications.
I’d be happy to take a look at what you got to see if there is a context in which you may prevail.
NEED A GEORGIA FORECLOSURE ATTORNEY (ATLANTA AREA -NORTHERN DISTRICT)
I have been fighting Chase and their attorneys pro se.
I my latest Answer to the court, I provided proof of possible criminal behavior by the foreclosure mill attorneys.
Their latest move was to replace the “regular attorney” with one who specializes in RICO fraud.
Quite telling.
I need a good Foreclosure Fraud attorney in Georgia (non-judicial f/c state)
Any suggestions would be greatly appreciated.
Thanks in advance.
Yes, represented by attorney and yes, we have contacted Trustee. No reply yet. MOC was 1 month after filing and creditors DO NOT have to attend, they have an additional 90 days to file a claim which was 8/4.
There is a 6 month review 10/4 as well currently scheduled.
Reminds me of when I tried to cash my measly $2,000 “audit” check with Chase and they wouldn’t cash it because I didn’t have a checking account with them even though my mortgage was supposedly with them. Maybe because it actually isn’t?
Yes, but what if no claim is filed? Only a “Notice Only?” I’ve been waiting 4 months to dispute the actual legal secured creditor as well as the inflated 15K balance. Believe it or not payments are automatically sent by the trustee BEFORE this is resolved.
Are you represented by an attorney in this Bankruptcy? Have you contacted the Bankruptcy Trustee/Judge? Has the date for the “Meeting of Creditors’ been set yet?
I think we may have something incommon I liked your answer you obviously know the language
That tells me you may indeed come out swinging and I can;t blame you for getting a rise out of
the messege board you could even have a sense of humor who knows?
Hammertime I have signed a settlement agreement with the forclosure mill it states 500 dollars upon signing and 2500 upon final judgement I have yet to receive my 500.They are in comtempt as we speak for not unlocking my property.I have been waiting for a month for the 500 whos to say they will pay me at all? I am leaning towards a letter and copy of the agreement at least so theres one in the file and request for payment in full at the hearing to take it to the steps. Or if I really get P.O.ed another motion to dismiss for contempt,dishonest dealing and of course promossory note.
Yes they have to file a Proof of Claim (Form B10). Though just because they file the claim doesn’t mean they are the true, legal secured creditor.
JPMC Chase filed a Proof of Claim as the ‘Successor in interest to Washington Mutual Bank’…which is common knowledge now that they were NOT the ‘successor in interest’.
Can I safely assume that although the foreclosure action in the Glaski case is venued in California the trust in question was formed in New York State? I’ll look for it. However on that case premise, it appears that it the trust is active at the time the transfer occurs then the homeowner would have no potential for remedy.
Secondly it’s my understanding that these SPV’s or Special Purpose Vehicles which can typically be the legal structure of these trust don’t enjoy much tax exemption in the first place. It’s almost a tradeoff for the benefits that come with being an SPV. Not an expert on these financial models but I would suppose that if there were no appreciable tax benefit for the “trust” or SPV to enjoy, can a late transfer then survive a challenge on the Glaski case grounds?
I still think challenging the transfer in a non judicial setting can be most effective in a bankruptcy venue.
@ DocsToWork, You have several flaws in you post. There is a lot you have not understood correctly about the REMIC Trusts.
That trust had CLOSED by the date of the attempted transfer. All of these late transfers are ones that do NOT conform with the IRS TAX Code. I believe there is a SUBSTANTIAL PENALTY on the REMIC if it were to loose the REMIC tax status. It may be a 100% penalty.
What the Judges said in that NON-BK case, is that if the transfer would be VOID (as it would be in Galinski), then the courts have got to hear the case.
Your understanding of SPV’s does not match with the restrictions on REMICs under the IRS Tax Code and under NY Trust Law.
The REMIC trust has only a certain number of DAYS to get the loans transferred in. After that (usually 90 day) time-frame, only REPLACEMENTS of DEFAULTED loans can occur. That means loans that are ALREADY IN the trust when they default, can be swapped OUT and replaced by a loan that is NOT in DEFAULT.
The trustees for the REMIC Trusts are also NOT to take any ALREADY DEFAULTED loans for transfer INTO the trust at ANY time.
So for TWO reasons, under the IRS CODE and under NY Trust Law, these transfers are VOID.
Your premise about the ‘SPV’ still ‘existing’ at the time of the attempted transfer is not the way the laws read. The banksters would love it if your understanding were true.
In CA, the BK court can indeed be the best place to fight these bogus transfers. But I am starting to see hope with both the Appellate court ruling in Glaski and the San Diego court that ruled in Johnson v HSBC, allowing the PSA to be brought into the argument due to IRS code that was being cited that differentiated it from ‘Gomers’, which is a San Diego fiasco.
I have not signed a release or deed as of yet. They just dont want me to go to court. Probably because they never gave me my keys as was agreed upon at mediation this is an on the side deal with the forclosure mill.. When I email the greenhorn esq. assigned to me it doesnt seem like he has ever seen the file..He says hes trying to get me my money and is having trouble with his client. 1st bank N.A. fka Bank of america fka Lasalle fka M.I.M.L. trust.
Am I getting scammed if it has not gone through the court?
Major effort to outsource servicing – workaround of the “problem” of whistleblowers? BoA, Chsae, others involved in advising the deal. Any bailout, other public funds used? Ask your Congress person and the Obama administration or just complain how ANTI-American Wall St crooks are.
“InformationWeek, July 30, 2013
________________________________________
Lender Processing Services, a leading provider of innovative technology, services, data and analytics to the mortgage and real estate industries today announced the opening of its mortgage technology services facility in India. The company handles about 50 percent of all U.S. mortgages by dollar value.
…“LPS, as a market leader in mortgage technology in the United States, has a unique edge that translates to numerous opportunities for employees in India,” said Casey Williams, senior vice president of LPS’ Global Delivery Services. “We anticipate tremendous growth in the next 3-5 years, as well as the chance to work on emerging technologies that will leverage the TALENTED PROFESSIONALS and infrastructure in India.” emphasis added
And…
it is not enough to say “where is the note?” but it IS enough to say “if the note is with A, then how can B foreclose?”
this foreshadows the on-rushing death of DeBrunner…
“The court then stated: “In Barrionuevo v. Chase Bank, N.A. (N.D. Cal. 2012) 885 F.Supp. 964, the district court stated: ‘Several courts have recognized the existence of a valid cause of action for wrongful foreclosure where a party alleged not to be the true beneficiary instructs the trustee to file a Notice of Default and initiate nonjudicial foreclosure.’ (Id., at p. 973). We agree with this statement of law, but believe that properly alleging a cause of action under this theory requires more than simply stating that the defendant who invoked the power of sale was not the true beneficiary under the deed of trust. Rather, a plaintiff asserting this theory must allege facts that show the defendant who invoked the power of sale was not the true beneficiary.” (Glaski v. Bank of America, slip opinion at page 17; italics added.)”
From: Charles Cox [mailto:charles@bayliving.com]
Sent: Friday, August 2, 2013 6:40 AM
To: Charles Cox
Subject: Getting Glaski Published – 20 days to do it
As many as can muster a request, please send a request to get this case published. Example is attached as well as the opinion. Authority and instructions are per CRC cited below:
CA Supreme Court Glaski v. Bank of America CA5, F064556.pdf
Skov Publication Request.pdf
My servicer is Ocwen & Freddie owns my loan. I’m 2 to 3 mos behind & now re-setting the foreclosure review letter month to month now with my payment.
Problems started after we bought a new house in ’07. We planned to re-fi immediately after selling the previous residence. Well, we got STUCK with our old house for 4 years & lost over $40k trying to carry both mortgages. With no alternative, we pursued a chap7; received our discharge in 2010. Final irony is the old house sold the following summer (short-sale). Student loans have kicked-in & since we’re still stuck with the high rate & payment we’re still struggling.
Owe $380K & house is now worth 270K tops & can’t sell…the discharge lets us leave free & clear, but I haven’t given up yet! That said…
1. I can’t qualify for HARP because as mentioned, I’m late.
2. Freddie says NO to a principal forbearance (they do not do principle-reductions) unless I re-affirm the debt. A ridiculous requirement as most judges wouldn’t let you do it anyway.
3. denied HAMP because our debt to income was too-low (26%…just under the required 31%).
Questions:
From what I’ve read, June, 2012 CHANGED that 31% ratio requirement. Further, I’m not even sure the ratio was calculated correctly. Does anyone know the formula?
I wanted to petition to be re-considered for HAMP, but the article titled “No Appeal – The Success of HAMP and the Independent Foreclosure Review” tells me that’s pointless.
Who could actually take 3 mins to review my details over a cup of coffee & point me in the direction of how to proceed? I don’t have a lot of $, but would be willing to pony-up for good, useable advice. I have tried using the gov’t approved counsellors & so-far they’ve all been absolute flakes…
While I wait to get possession of my stolen condos back I think .and I thought it is impossible for this country to be made up of so many crooks. And then you realize it is the same crooks moving into different businesses
These same investors that knowningly bought into bank origination fraud are now part of the Real Estate Investment Trusts . Just like there were whistleblowers from Bank of America , this country needs some whistleblower from the REITS and how the people displaced from their homes are again becoming the victims of the investors using their stock in the housing market
hammertime
August 12, 2013 at 9:54 PM
Are you referring to the fact rental income is now being pooled and securitized? No they haven’t learned and people need to speak up. Economist Richard Wolf on Moyers described how we’ve had two explosions with Tea Party and Occupy Wall St from the left and right but most Americans are like deer caught in the headlights! In denial that the American Dream has been taken away from us.
We have to be careful to not limit our defense to produce the note or MERS in general. See above. As usual the courts, public, politicians are just catching up. The non judicial process or laws cannot take away our due process and basic laws The key it looks like is to demonstrate factually that the documents are invalid and “fixing” the signatures doesn’t cure the basic problems of standing or fraud. It would be great if you did a follow up article.
Lee Parkerson
August 6, 2013 at 2:32 AM
hammertime I have a situation where I was supposed to get my keys back to the abandoned property after mediation its been 4 months and no keys in addition a settlement agreement signed a month ago promised 500 upon signing and still no check I am considering fileing another motion to dismiss on grounds of not only note but dishonest dealing and contempt of court.you are correct the note wont do it in the fla rocket docket.Do you think its worth a try?
@ Hammertime Thanks for your comment. I am working on a follow up article on the challenges of defending foreclosure in non judicial states. The main problem is that homeowners in non judicial states are not legally capable of challenging the note. Only the bank or the Trustee can challenge, but obviously they never do. This has been held up in the appellate departments of those districts. However there are other ways to challenge the enforecability of the note through the bankruptcy process.
Hell NO, No more Bankster Bailouts!
August 6, 2013 at 10:08 AM
@ DocToWork, The CA Appellate courts have started ruling that the borrower CAN challenge those late transfers into the trusts in cases where the effect makes the transaction VOID instead of VOIDABLE.
This is coming down with a case that is not published yet but has stirred a lot of interest in getting a publication. Basically, the case in point distances the underlying principal from Gomes. Glaski is the case you should try to find.
The Appellate court found that if the transaction to assign the loan was not allowed by NY Trust law and IRS code, the transfer should not be allowed to occur or if it did, it would endanger the tax-exempt status of the REMIC trust that was being enjoyed by the investors, thus harming the investors if the transfer was allowed after the trust’s closure date. The Glaski case is headed back to the lower court for further hearings since the higher court action overturned the lower court’s prior ruling.
Garfield says to next expect the Banksters to generate a new, earlier assignments and try to convince the courts that these transfers really had happened earlier, despite the finding in the Kemp v Countrywide case back in Connecticut..
hammertime
August 6, 2013 at 6:06 PM
@Lee Parkerson
Sounds like you’ve done well in your defense in FL. Of course can’t advise legally speaking. In general I’d say it’s important to not leave anything unanswered or actions ignored. Becoming as knowledgable for yourself as possible and reviewing any similar cases or the code for yourself is how we do it yourselfers have had to go at it esp if a good lawyer is out of reach. Out here in CA the AG is just now training lawyers on how to deal w/ this so you have to try to be up to speed. An in between step before answering to have case dismissed could be to make a demand letter if it makes sense. That way they can’t keep pushing the “mistake” excuses.
hammertime
August 6, 2013 at 6:16 PM
@DocstoWork
It may be we are going through a transition here in CA and possibly other states that are non judicial and have a Homeowner’s Bill of Rights. One of the goals I understand was to take the load off the bk courts as homeowners understood the non judicial process worked against them.
in 1977 there were whistleblowers that predicted all of this mess while working at the OCC of the us treasury dept. what came out of that was the community reinvestment act but the lending abuses of the big banks continue. actually all of this goes back to the great depression of the thirties and the riots in Chicago and other big American cities. the big banks did the same thing then that are doing it now.
no one listened then and no one is listening now. the chance that will happen again with regard to no reserve hedge and derivative bets on housing and mortgages is just a few or less decades away from happening.
it has to be stopped. vote for senator warrens bill to break up the big banks and restore the glass steagel act that will take away investment banking from having its links with depositores savings and checking deposits that puts the government on the hook for bailing out the banksters.
A little information about a shadow credit reporting system
For years many people were hurt by the false information put out by the three credit bureaus. Now that there are laws in place that try to prevent this with the credit bureaus, -Experian Credit has a company called RENT BUREAU that flies under the radar pretending the purpose is to give tenants an advantage getting an apartment landlord to landlord with secret data. Scam out, scam in against us.
How would this work?
what is a judge trys to use a void ab intio judgment (for lack of jurisdiction) as valid
would the judge not lose immunity for trespassing. ( US Elliot v. Piersol)
Sorry I did not see your question sooner – but regardless, what I said is what is! Do not see how you can claim trespassing for a judge to lose immunity as a judge has absolute and I mean absolute immunity when conducting judicial functions and might not have immunity absolutely when conducting an administrative function like setting a court date.
We made numerous payment attempts in a PA Court foreclosure resolution program only to have the local hired counsel openly tell the judge he does not represent the “Plaintiff” on the docket, he represents one of the many changes in the assignment chain. We were not willing to pay a 3rd or 5th or 7th owner/assignor without a detailed review of the balance and a letter from the original mortgage holder (Citi)acknowledging and releasing their litigation. The foreclosure continued the whole time in the name of Citi. Courts obviously have their hands tied and must rule that a break in the proper assignment of these mortgages is moot and that the homeowner is not a party of harm should these transfer be fraudulent. I can sing the poetry that a transfer of interest cannot occur without first having rightful ownership of that interest all day long and it falls on deaf ears whether that is case law or not. I read the fraudulent transfer of a mortgage is a Class E felony. So, we’re now in Stage 2 of BK and we’ll see what the Trustees require as claim documentation to resolve balance and ownership questions.
The pressures on the courts and the destruction of our communities was something that was predicted years ago back to the 90’s I think it was when there were warnings about MERS and possibly even back to the 80’s and Savings and Loan crisis.
It was a good point that someone focused on our Constitutional rights. No individual or branch of govt is above that and we shouldn’t be denied due process.
In CA I’m more willing to try a mediation, as it seems you have, since laws are “catching up” to some degree. Does adversarial proceeding apply in PA bk?
As to judges I’ve read cases or heard about people having judges removed for conflict of interest so may be that people need to check on their judges as well as everything else before they get too far along.
Lee Parkerson
August 12, 2013 at 8:15 PM
You have that right hammertime I was once placed in a locked hospital facility for over a week and found out later the judge who signed the Involentary placement order was on the board of directors of same hosp. I filed a complaint with the judciary qualifications div. In Tallahassee and this crook had to hire a lawer and get questioned by his peers.
I suppose he got a slap on the hand, but I can tell you what happened the next time my estranged hubby tried to pull a fast one IPO was DENIED! (patting myself on the back)
Lee Parkerson
August 12, 2013 at 8:43 PM
I don’t know about Ca. but Fla is a CYA state meaning cover your arse
Back in july I posted about unbeknownst to me I moved into a Real Estate Investment Trust (REIT ) with a a Drug Dealer and his meth lab as the tenant above me where on my third nite there , one of the drug dealer clients overdosed amd died and all the trouble I had leaving that apt without a bad mark on my credit bur eventually lived off my security and fled and discovered a shadow credit reporting system called RENT BUREAU an extension of Experian.
For years many people were hurt by the false information put out by the three credit bureaus. Now that there are laws in place that try to prevent this with the credit bureaus, -Experian Credit has come up with a company called RENT BUREAU that flies under the radar pretending the purpose is to give tenants an advantage getting an apartment landlord to landlord with secret data.
Diesell you gave me good advice to go to the BBB and file a complaint against the Debt Collection agency that bought the fraudulent debt from the REIT and since the Debt Collection agency could not verify the debt they bought, the BBB notified me it was not appearing on my Equifax credit report HOWEVER I went to rent an apartment and the leasing agent pulled up a Experian credit report and there it was
This RENT BUREAU has the fingerprints of a company like lps docx
Lee Parkerson
August 12, 2013 at 9:21 PM
did they report a 3 day notice? I’m a landlord and will pay a tenent to get a storage unit and move fast rather than give my greedy county a penny.I look up only criminal records on my rentals. My units are always rented and never vandalized.
Yes, I’m serious and no bankster spy, read my other posts for years. I got 7 fraudulent assignments on the mortgage I’m resolving. Judges don’t give a shit. Law is for the birds. You would think they would follow the law, but they don’t care, they just want the case pushed thru and ended. They understand the banks and servicers and lawyers proceed with no “legal standing” but it’s a moot point. You have a mortgage balance and they really could care less about the law or precedent. It’s comical.
Sorry about that! Yup we’re deep in the realm of the absurd. In CA for example it seems people learned that bk was the way to save their homes rather than deal with corrupt justice system and reduce their seconds etc. It’s been said to me by a legal firm no less that the Homeowner Bill of Rights were a response to lessen the load on the bk court rather than be relief for homeowners. Still there are important tools there but if you’re in bk you CAN’T use them from what I understand. Not legal advice of course but we need to keep looking at the settlements and laws etc and keep challenging the legal people etc as you’ve learned to do. So basically you gotta keep adjusting to reach your goals and we have to channel our anger and frustration by continuing to make our cases publicly. Do what you need to do while still fighting to fix the system as best you can. As I said in previous post CA Central District is getting the rep for ignoring assignment based arguments. A way to look at it could be that the assignments can’t be your only leg to stand on but used as evidence to follow the money and fraud as Garfield and others have suggested.
I think there are a lot of people in the judges pockets especially Title companies
who IF they did due diligence, turned a blind eye to the facts and some Investors
in their tickling their ——- wanting the judges to see it their way.
So why is no one arguing case law or statutes and winning? If you’re getting a bank pocket judge keep going higher in court. Is no court ruling based on law?
Some have while others have settled or go through bk. And we didn’t get the benefit of legal aid or a legal expense bailout that the GOP and Wall St Dems gave to Wall St which kills the average person. Death of the middle class by both parties.
Just a suggestion from someone who has been fighting 2 homes, one in California and one in Florida…before B of A files for foreclosure, file your lawsuit claiming attempted wrongful foreclosure practices and send a Cease & Desist stating there is illegal activities being attempted by a bank claiming to be in possession of your note…by you being the Plaintiff and not the defendant gives you an upper hand because they will then have to prove they have standing and we all know they cannot. I have always thought we the people should be suing the banks instead of the other! Just a suggestion!!
what about a class action against Judges who refuse to follow
the law of the Constitution, this really seems to be the problem.
Judges don’t have immunity for bad behavior and it doesn’t have to be high crimes.
If they can lose pension money these bad judges might retire and lets get in a batch of ethical and law abiding judges http://judicial-discipline-reform.org/docs/no_judicial_immunity.pdfe
Incorrect, at present in every jurisdiction, both judges and prosecutors have absolute immunity and can continue to conduct the duties of office from jail cells if convicted of a crime until removed from office by the bar so long as the judge and or prosecutor is involved in a judicial function, but if involved in only an administrative or advisory function they lose their immunity and only then can they be sued for what they do wrong advising or administering things.
I’ve been posting here for a few years… finally stopped paying the mortgage a year ago. Received a ‘notice of intent to foreclose’ via regular mail yesterday. Also received four (LOL) ‘notices of intent to accelerate’ and *another* modification packet a few days prior. The fact that we can receive *four* notices of intent to accelerate (two via certified mail, two snail mail) tells me that management at Bank of America (our servicer) still has no f*cking clue what it’s doing (when did it ever?).
What’s more interesting is that Bank of America now refers to itself as the noteholder in the notice of intent to foreclose (“noteholder, directly or through an agent, has possession of the promissory note” — riiiiiiight). On every other document they have sent (and in responses to documents I have requested over the years), BofA has *always* referred to itself as the servicer, and that it is operating on behalf of the noteholder (Freddie Mac).
Furthermore, on the notice of intent to foreclose we received yesterday, there was no indication that the letter *was* a notice of intent to foreclose. There was no header. There was no timeframe by which we must pay indicated in the letter. I’m thinking of it more as a ‘happy anniversary’ letter 😉 It read “You are receiving this notice because your mortgage is in default, and your property will be referred to foreclosure,” and then itemized the status of our account.
Have any of you ever received a similar letter? What’s the timeframe from when it’s received to when they *finally* file?
After 5 years, pretend lender has filed new NOD. Has bought me more time but any advice on how to request accounting without acknowledging their standing.
I’ve been warned that invalid assignment cases are being frowned upon in CA courts.
Is anyone dealing with any Countrywide business listing Amanda Farrar as a VP of any company?
I am fighting a foreclosure in NYS,she is a signor on an assignment in my case. I have other info on her and will share as well ty
hows about you getting a real job inspector clouseau wannabe troll spy and really, K.Jackson? surely you can do better than that…..maybe? does entrapment count?????
Just great K. are you the same K greenhorn esq I tell jokes to who works for bac forclosure mill?
kate
August 13, 2013 at 6:52 AM
Really??? Who mentioned “Greenhorn”. No dementia yet. Not Greenhorn or a lawyer but had to play one for two years and it wasn’t one bit fun. If someone doesn’t live up to their agreement real soon, I may have to put back on the lawyer’s hat. Unlike most here, I didn’t wait to defend myself, I went on the offensive. Interesting that you would determine that I am one of the bad guys here? Look back through many posts over the years and maybe you’ll come to another conclusion or is it really that you are the real pretender here.
For those fighting the legitimacy of these robo signers please pay attention to this and other rulings on robo signing. This is an epidemic. 5 of the last 7 assignments on the mortgage I am working on has signatures by people claiming to be Bank VP’s and are in fact Customer Service emps with the servicer.
Does anyone have information on a Ryan R. Krane, I believe this is fictitious, but he is signing as a VP for various Banks, BOA, Argent Mortgage, Wells Fargo, and posting them as owners on the books in counties?
Lee Parkerson
August 12, 2013 at 10:21 PM
I will look in central Fl. its sounds official and probably isnt.. I have a question.I have a deed on another abandoned house supposedly it went to an investors auction. I was never notified of hearing to take it to the steps.Someone moved in and a week later moved out.Is it possible that wells fargo just ignored my doc? Should I refile it just to see what went down?I was surprised because the deed is recorded and further I posted it on the front of the house with all my contact info.Am I clouding the title? Or did they somehow default me by ignoring the obvious?
Just like the Banks have power these REITS have power and connections.
The police had surveillance vans surrounding my building 24/7 for weeks.
I have documentation of all that , that he was arrested, a meth lab but the REITs
are all in bed with the collection agencies and the credit bureaus.
Something you just have to walk away from.things. you have to pick your battles.
The reason I even mentioned the REITS is that if you have an animal and your looking for housing after a fraudulent foreclosure they look very good That is till you live there
Something you just have to walk away from.things. you have to pick your battles.
But these credit bureaus with their false information are a pain. My original question was
I had heard the Fidelity Title in particular had a behind the scene connection or investment with a Credit Bureau.
My energy is in fighting corrupt Judge Schlesinger in NY Supreme Court.
Bobbi
I did all that. It was the police in fact that kept telling me ask them to move you. I DID ALL THAT NUMEROUS TIMES AND THAT IS PRECISELY WHY THEY LET ME BREAK THE LEASE FOR $1.
I had heard from other residents that they take all types of fees out of the security and you don’t get it back. I went all the way to top of management no one cares about a Warrant of habitability.
In fact when I moved into my second REIT nothing bad was on my credit report yet but I told the property manager exactly what had happened and by coincidence he had once worked at the first REIT . and he said to me it is a good thing you lived your security off you would never get it back.
I wonder if he is going to sing the same TUNE WHEN HE FINDS OUT I AM GOING TO LIVE MY SECURITY OFF HERE TOO.
I forced myself to live out my lease in the 2nd REIT but I have an issue with the addition fees they tack on over a high rent having to do with ista or yes fees.
These REITs are a nightmare. I never looked to see the CEO of the 1st REIT but I checked out the 2nd CEO from this REIT. His background is perfect for a cheating stock company, he was mixed up in a scandal with a big Bank and so he went into housing.
I looked up his bio. YOU WON’T BELIEVE THIS.
1. his dorm was so filled with marawanner smoke you could not see .
2.his greatest achievement in college was inventing a water balloon that he would throw out the window hit the girls passing by in the head, knock them to the ground stunned And he is the CEO of one of the largest REITS on Wall Street.
Fight hard for your homes, the worst is yet to come.
@ Marilyn Lane – Do you know for a fact that the tenant upstairs from you was operating a meth lab? Did you notify the police of ‘suspicious activity’ for this apartment? Did you file a complaint with the city in which the apartment is located for possible code violations? Is there any provision in your lease that covers ‘safety’ or providing any type of security or their best efforts to provide a safe environment? I would suggest filing complaints with the City for code violations, Attorney General for unsafe living conditions, and if possible, get a copy of the police report for the incident that occurred the night of the death of one of the occupants. Surely, the police/EMT would have entered the apartment to treat and witnessed any type of illegal drugs present. Go the repositories that are reporting this account and dispute it. Support your claim with documentation as above. Oh, and another good place to get support is your local TV news stations that have an ‘investigative’ team. Publicity and news investigations are not what REITS want. You may fine they might correct this error themselves. Good Luck!
Teresa Clopp an alleged Robo Signer for PNC Bank N.A. will be deposed on July 17th, 2013 in Montgomery County Ohio. This inofrmation is for all the people that has been trying to locate this supposed authorized officer for PNC Bank N.A.. God Blessed and Keep Fighting
typical false infomation published byEquifax and other credit reporting companies.
Debt collector wants $2400.
Equifax publishes biased false information. It must be made mandatory that you get the whole story.
Unbeknownst to me when I moved into
XXXXXXX on Feb. 9 2012.the tenant upstairs was a drug dealer with a meth lab
And a
druggie himself.
On Feb 12 2013 my third night there ,there was a rumpus going on up stairs till three in the morning. The Next morning when the street was covered with emergency vehicles, police, ambulances & Fire trucks I was informed that one of his guests overdosed and died.
On Monday I immediately went to the management office and said I assume he will be evicted ‘ and their response was it was a weekend we
weren’t here we can’t evict him it would be heresay.
I then wanted to be moved to another apartment. And their response to that was it would cost me $500 more a month rent.
For weeks the police had surveillance vans surrounding the area looking for the big boss.
I than found out XXXXXXXXXX in the office had worked for him at one time. I
didn’t like the people coming to XXXXXXXXXXX door, and I
And my dog
didn’t like the smells coming from upstairs.
Then His irrigation system flooded my apartment.. After arguing with them to move me, I WAS ABLE TO BREAK MY LEASE FOR A $1.00 CHARGE. HEARING HOW THESE REIT’s DO NOT GIVE BACK ALL THE SECURITY, I lived mine off and moved
Unfortunately to another Dissterous REIT but it is hard to find housing with a dog.
Here I got a transvestite with his other , both on drugs.
Here I went to the DEA and police.
Truth is stranger than fiction.
Iam looking for other housing so if you get that information off my report it would help.
That figure, they give you has numerous late fees tacked on to a months rent .. and something to do with damaged carpeting, they don’t tell you his flood came down not only on their carpeting but
my furniture got damaged and wet.
Thank you. The only thing I can guarantee you is that I am not looking for another REIT
@hioan – very well written and I could not agree with you more! Being in the mortgage business now for well over 40 years I try to help those to ‘correct’ such credit, much to the dismay of some of my colleagues, but the Florida regulations in licensing REQUIRES us to also ‘counsel’ our borrowers. Such ‘credit scoring’ in my own personal opinion, as a sole indicator of one’s ability or conditions precedent on a debt repayment is not truly indicitive of that person as a whole. Most repositories do not adhere to the federal laws on such reporting or verification. Unfortunately, we as humans have been replaced by technical programs that transforms us into numbers! I agree that change is needed as is the case with most of the mortgage processes currently being utilized. The top priority is education of the public and for which this particular site has done an exceptional job.
@KK – seems like someone has not been totally educated on collection of debts on credit reports. You should probably research The Fair Credit Reporting Act (more commonly known as FRCA) as to how accounts are reported, how they are catagorized and time frames on debt to be reported. That foreclosure will not leave your credit report in 7 years. Once those credit cards reach a “profit/loss write off” status does not mean that you do not owe it any longer. It means that the issuer has taken the loss against income taxes due on profits. Finally, cashing that check has no effect whatsoever on your current debts. It is a premium, so to speak, from a lawsuit or settlement. It also does not negate from you pursuing that lender on your own in a civil suit. The only way to stop the clock is via bankruptcy. Just so you know, bankruptcies stay on your credit for 11 years.
Hello, it has been 4 long years since I have been out of my house which was foreclosed. I am 3 years away from it leaving my credit report or so I understand. Looks like it will fall off in 2016… I have ignored and shredded daily contact from all my creditors and am looking forward to being free of these marks on my credit. Life is to say the least very difficult when your credit rating is very bad. My concern is that if I cash this measly $300 check that I got from the independent foreclosure review settlement that it will start the years of bad credit over again. I read somewhere that as long as you ignore the creditors and do not make any contact with them or god forbid payment to them that the first month that you are delinquent starts your 7 years of bad reported credit, however the moment that that you communicate with them, the clock starts over. Will this happen with the $300 and my Wells Fargo debit if I decide to cash the check?
@KK: These days you have to look at everything with a critical eye and decide for yourself what to support and what to ignore. While a credit score made things easier for the banks and lending institutions to do their job, it has been misused in recent times, often holding it like a gun to your head while they went about cleaning out your life savings and throwing your family out on the street. Folks like yourself who have been paying their loans back faithfully for years are suddenly left hanging for dear life. That is why a growing number of people with sub par credit scores have decided enough of this nonsense, and are now leading perfectly normal lives without giving in to these bankers who, by virtue of their place between the people and their deposits, have been siphoning away their wealth, and abusing the power that accompanies that privilege. Btw, this behavior is not new – the same actors , the likes of JP Morgan and Co, were exposed and to some extent reigned in by the work of Louis Brandies in the early 1900’s. Look it up for yourself and act accordingly my friend. Only collective action by all of us will bring about much needed changes. Be wise, be strong and be well.
@ Robert Kuperstock – I see that only 2 people have signed the petition you put on line. I also see that you have to register with a government sponsored site in order to sign….that may be your problem. No one wants to put out their info to the government (who BTW is dead set on monitoring everybody!). I, for one, will not sign b/c of that stipulation. Maybe move your petition to another sponsor site and you will get more responses. huh?
“Quiet Title lawsuit lands Tequesta homeowner, etc,”
It came out a week ago in the Palm Beach Post by Kimberly, but cannot view more than 2 paragraphs of the story.
DT it is not just PHOENIX it has happened all over this country.
LENDER PROCESSING SERVICE”s docx (THE MAKERS OF FORGED DOCUMENTS)
is so valuable to the fraudclosure market and the racketeers that Williaqm P Foley of Fidelity National Title announced that Fidelity has bought back LPS FOR A COUPLE OF BILLION DOLLARS.
Lorraine Browne might be jailed for her crimes but it is just a little inconvenience for the crooks.
Thanks for the post. Seems standing is being swept under the rug in CA but people should still review CA Homeowner Bill of Rights, settlements etc to defend themselves.
There ARE victories out there for lack of standing!
See HSBC v. Hardman, 12-cv-00481 (U.S.D.C., N.D. Illinois, Chang, J). In
this case, the lender was Fremont Investment. Ocwen foreclosed based on a forged assignment, in the name of MERS, of the mortgage in 2011 to a trust that had been closed in 2005. Property Rights Law Group filed affirmative defenses alleging (correctly) that the assignment was the only basis of for Ocwen’s case and that it was forged and that it was invalid because of the date, so Ocwen lacks standing to foreclose. Ocwen settled rather than litigate and modified Mr. Hardman’s mortgage, reducing the monthly payments by 50%.www.propertyrightslawgrp.com
yes I did, here in Ca with IndyMac to Deutsche bank, and First Franklin to NDex West LLC, but this was all done in 2011, yet Indymac went away in 2008 HMmmmmmmmmm?
The banksters and their servicers are filing false documents. They apparently are playing the game of “Catch Us If You Can”.
For those who do not LOOK, each piece of paper appears to be a valid maneuver. Many people who stop paying a mortgage believe that the banks are fully entitled to foreclose, simply because they know they are not paying. Well, there was money loaned, yes. But the banksters may have taken insurance and other payments that paid off the debt, or at least cured any current default.
The banksters must follow the letter of the law or they do not have the right to foreclose.
In this case, with usage of assignments after the entity no longer exists, the banksters apparently do not truly have any right to foreclosure. But just identifying this problem will not automatically stop them. You must ultimately get this brought into court. Initial steps can be taken that will delay any sale. But ultimately, I believe this will need to be taken to court because it actually needs a judge to rule to clear this title. (I am not an attorney, mind you.) Yes, they can still attempt to collect a debt based on the fact that you received the loan. But that DEBT COLLECTION does not include the right to foreclose.
Sue the bank before they file a complaint on you! DO NOT WAIT FOR THE BANK TO FILE…when you file a complaint on the grounds of Misrepresentation by a bank “attempting” to be known as the lender, you have the control to ask for proof of ownership of the note…I’m not an attorney, nor do I think you need one. Use this site, all your needs are here cause millions of us have been at this for years now…be clever and as tricky as the banksters lawyers are…use this site!!
You got that right No matter what you think it slows the action down even if you are like me getting deeds to abandoned property.Insist on mediation, the medeator told me I wouldnt get a penny from the bank and the judge looked at me funny with no lawer but I did get a settlement agreement. not for much but then again I never signed the mort.
Hi there: Hoping for some guidance for NJ – OK. Read quite a bit on this forum a few years back – copied all my records just in case things got worse…which they did. At that time, there was no assignment to my current lender (Citimortgage) from Flagstar Bank (sold in 2006) in my records. I thought I’d have something to go on. I paid my mtg up until last Aug (2012) and then could no longer afford it with escrow increases. I just got online and there is now a new filing (6/13) of assignment through MERS to Citimortgage (who has been servicing and where I made payments.- 7 years after the fact! it also came to my attention that the orginal loan with Flagstar was robo-signed by Elise McKinnon. I have just received a Noitce of Default and Intent to Foreclose with a dealine to cure the default by 6-27 or acceleration commences. and wondering if I should respond with “producing the note’ inquiry before suit is filed. In the US Bank v. Guillaume case, the question was about whether the actual ‘lender’ was on the notice of default. In my letter, Citimortgage itself, is listing itself as the “Lender” w/address. Is this legit? How could this be correct? Might there be a template available for priducing the note I can send, or should I just wait to file ann answer when served. Thanks so much for any help offered.
n.j. group, http://www.afnetwork.org has a lot of free info. Guillaume was about the lender, but the remedy was to give the banks another bite of the apple an submit another alleged lender on another Notice of Intent. Yet, the banks are still submitting NOI with Servicer as “Lender.” The courts and judges are corrupt throughout N.J. eugenevillarreal@hotmail.com.
A senior House Democrat called on federal regulators to look into the actions of any mortgage servicer that might have benefited by misleading borrowers about federal loan modification programs.
California Rep. Maxine Waters, ranking member of the House Financial Services Committee, sent letters on Tuesday calling for an investigation of Bank of America or any other bank that may have deliberately delayed loan modification applications to force troubled borrowers into foreclosure instead.
She said, according to court documents, that employees reported falsifying records and were told to find ways to delay loan-assistance applications under the Home Affordable Modification Program (HAMP) by requesting paperwork that had already received in an effort “to maximize fees for the bank.”
“The goal of the delay was to ensure that rather than receiving a HAMP modification, the borrower would be foreclosed upon,” Waters wrote.
“It has been noted in numerous studies that foreclosure is often the most profitable end result for a servicer that does not own the loan they are servicing. It goes without saying that this is an outright abuse of consumers and government mortgage assistance programs.”
The letters were sent to Christy Romero, special inspector general for the Troubled Asset Relief Program (SIGTARP), and to the Office of the Comptroller of the Currency (OCC) and the Federal Reserve asking them to investigate how or whether the allegations against Bank of America interact with the Independent Foreclosure Review (IFR) settlement reached between regulators and mortgage servicers in January.
“Bank of America has received $992 million in incentive payments related to HAMP, making them the second largest beneficiary of such payments.” she wrote.
“While that figure pales in comparison to the other TARP funds that the bank has benefited from, I do think it represents a significant amount of assistance from taxpayer.”
The OCC and the Fed reached a settlement with 14 servicers based on a review of their foreclosure practices from 2009 to 2010. The IFR, which was a detailed process designed to determine problems and compensate borrowers, ended with the agreement.
That agreement provided from $300 to $125,000 for each borrower based on the issues encountered.
If the laws were actually enforced (which hasn’t happened under Holder), the BofA exec who signed the HAMP agreement, should be indicted for major fraud against the United States. It carries a 30-year sentence. That would stop this nonsense, and other banks employees would be turning states-witness with abandon.
hammertime
June 22, 2013 at 6:03 PM
How about the bank execs and AG officials who signed the Consent agreements?
Property Rights Law Group
See Wells Fargo v. Horwitz, 12 CH 00069 (Circuit Court of Cook County, Rooney, J.), order of 2/5/13. In this case, the lender was The Home Loan Center. In 2012, Wells Fargo foreclosed, basing its claim on an “assignment” in 2007 from itself to itself. (You read that correctly.) On February 5, 2013, Property Rights Law Group defeated Wells Fargo’s motion for summary
judgment by arguing that Wells Fargo has no standing to foreclose, because the “assignment” is obviously absurd and worthless . Now Wells Fargo does not want to admit defeat, but its only remaining option short of a trial (that it would lose) is to file a motion to dismiss. But that is even less likely to succeed, because a motion to dismiss will be granted only if Property Rights Law Group has failed to state any legal claim, and Property Rights Law Group obviously has stated a good one. Wells Fargo’s attorneys can drag this case out for years, but Mr. Horwitz is secure in his home.
The illegal activities are clear and provable…however, when you take these banksters to court and prove the fraud, IT JUST DOESN’T MATTER!!! The Banks are stealing our homes and the courts are allowing it to happen!!! That’s the issue…not that Fraud is there, we ALL know that…it’s that the Judges are facilitating the illegal activities…The Judges could STOP all this activity because that their jobs…Vote Your Judges Out Of Office…Vote your Congress and Senators out…They are all taking $$$ from the banksters so get rid of them and continue suing the banks…the courts are overwhelmed with the millions of lawsuits being filed all saying the same things…FRAUD….kepp suing….don’t short sale and don’t leave your homes…
don”t forget to mention that little detail of the NOTE YOU SIGNED not a copy,I havent found a case yet prior 2011 who could produce.. Forclosure mill gladstone Boca Fla has yet to put me in touch with anybody who has even seen my file.This includes the greenhorn they sent to rep,the bank at my hearing! Maybe they didnt pay him enough to read the file.He told me they sent him in dry.
My original loan docs had Recon Trust as the Trustee. Quality Loan Servicing was substituted as the Trustee for usage in the FC attempt. Quality, what a joke.
I am in CA which is a non-judicial state.
BTW, have you really read your DOT? In my own, the language specifically states that only the LENDER can perform the substitution. They attempted to use MERS to do it instead.
The DOT was intentionally set up to name a false LENDER. The named lender CORPORATION in the cited state, did not exist. Do you realize this is a VOID loan? Do you realize there can not be any MERS resolution with the named LENDER?
When this gets to the adversarial, we’ll probably see all sorts of motions from the opposition. They like to try all manner of improper cites of case law or statutes to bury attorneys and the judge with having to rule out a whole bunch of their manuvering.
If they are not careful though, with the assignments they already filed, they could have a case on record that will be used in other cases.
hammertime
June 22, 2013 at 5:48 PM
It seems you have a case the AG SHOULD be looking at as a significant case. As we discussed I may be reaching another twilight zone level where the questionable sale trustee seems to have dropped out and there is now a revolving door on who will schedule and run the sale.
I believe that I made a mistake of saying Litton Mortgage. I believe I should have stated Litton Loan Servicing, instead. I am not sure if they are related.
It may be tougher without possession to get property back from my general understanding, not legal advice. Still may pursue claims on violations. You can do either a forensic audit to review the loan itself and securitizatoin audit to review loan investor etc. simple version
I’m looking at a service that is arranging for lawyer consultations and discounted lawsuit and foreclosure defense at least compared to what I’ve seen in CA. What state are you in and leave email if you’d like me to conact you.
I am trying to track down my loan file with Litton Mortgage and find out what was in it that determined why and how much money that I was to receive from the Mortgage Settlement. I received a total of $520.00 even though my home was foreclosed and sold at a short sale the same year. Any suggestions?
@ Christina Osborn I wonder if any response at this point from Rust makes sense. From Taibbi article they only reviewed 100,000 files so they can get us relief faster! What a joke! The application was for any point in the foreclosure process I thought. Or am I confusing audits/settlements?
“So how did Chase come out so squeaky clean? Well, it seems they developed quite a rapport with the government-mandated consultants who were hired to review their loan files. This is from that WSJ report:
Two Deloitte employees who performed the review for J.P. Morgan in a Brooklyn office building said workers were encouraged by supervisors to examine pools of loans they knew would be less time-consuming or error-prone as they tried to hit loan quotas.
One of these employees said that at an event last year known in the Brooklyn office as “March Madness,” Deloitte officials encouraged reviewers to avoid problematic loans originated by EMC Mortgage, a troubled mortgage lender J.P. Morgan acquired in 2008.
So basically Chase allegedly warned the consultants off their problem loans and incentivized the consultants to examine the less-fucked-up loans. Employees of another of Chase’s auditors, Promontory, were reportedly given gift cards of up to $500 for “completing a certain number of files quickly.”
The whole thing was a joke. Government orders banks to hire auditors to investigate robosigning, then banks induce said auditors to robosign the investigation! Because that’s exactly what that would mean, if there were financial incentives to finish masses of files quickly. It’s horrible, obviously, but on another level, it’s so ingeniously corrupt, one almost has to tip a cap to whoever thought of it.” http://www.rollingstone.com/politics/blogs/taibblog/while-wronged-homeowners-got-300-apiece-in-foreclosure-settlement-consultants-who-helped-protect-banks-got-2-billion-20130426#ixzz2WLsqG66f
It could be because Chase did a lot of ‘merging’ some of their off-shoot companies into one. Chase Home Finance LLC litterally does not exist any longer as they merged back last year. The only reason I know is because my foreclosure with Chase had a filing to ‘substitute of party plaintiff’ at that time. Owners of credit cards will monitor your credit several times a year to make sure that a credit card holder is not going down the tube, esp. if there is a pending foreclosure.
Interesting. Sounds like more of the manipulation of the “Chase” brand name against us and the government. I wonder if that’s how they had a point something, as in 0.something, error rate for the review while HUD had a 90 plus error pct for a sample on them. I’ve tried to get a straight answer on Chase Bank USA for years and finally got an answer from Nolan deposition on here where employee states they were the sub prime arm of Chase while at the same not “Chase”? Rolling Stone/Taibbi report should be re-read and complaints filed to support Sen. Warren’s questions and to get the criminal evidence that the OCC and Fed are covering up.
@ Christina Osborn: how do you know that the inquiry was related to a mortgage? Was it a soft inquiry or a hard inquiry? Soft inquiries are done by lenders for possible credit card ofers. Just because there is an inqury from Chase does not necessarily mean it had anything to do with the WaMu loan. They could have just been trhying to establish a source of their credit card division.
I don’t know if the inquiry was related to the mortgage, that’s the mystery. I don’t know if the inquiry is a soft or hard inquiry. I do know there was an existing Chase credit card, and not applying for a new one. Just trying to figure out why there would be an inquiry from “Chase HOME FINANCE” that shows a different address than the Chase credit card division when the mortgage was not with Chase HOME FINANCE. If Chase was trying to establish a ‘source of their credit card division’ then why wasn’t the inquiry requested by the credit card division instead of the Home Finance division?
“Editor’s Note: Some banks are slowing foreclosures and evictions. The reason is that the OCC issued a directive or letter of guidance that lays out in brief simplistic language what a party must do before they can foreclose. There can be little doubt that none of the banks are in compliance with this directive although Bank of America is clearly taking the position that they are in compliance or that it doesn’t matter whether they are in compliance or not.
In April the OCC, responding to pressure from virtually everyone, issued a guidance letter to financial institutions who are part of the foreclosure process. While not a rule a regulation, it is an interpretation of the Agency’s own rules and regulation and therefore, in my opinion, is both persuasive and authoritative.
These 13 questions published by OCC should be used defensively if you suspect violation and they are rightfully the subject of discovery. Use the wording from the letter rather than your own — since the attorneys for the banks will pounce on any nuance that appears to be different than this guidance issued to the banks.”
I have raised this issue with my elected officials as to the mission of the OCC and this seems to reinforce we should all be questioning the OCC and all the agencies and officials as to their role and function as well as being focused on our individual cases.
Have a mystery I’m trying to solve….why would Chase Home Finance do a ‘credit inquiry’ on a WaMu loan in 2007? Borrower never did business with Chase Home Finance nor were they attempting to do business with Chase Home Finance. The address/telephone listed on credit report for Chase Home Finance has been changed/disconnected. My thoughts….Chase was looking for/identifying potential ‘future’ foreclosures once the WaMu/JP Morgan Chase take-over went through in 2008….
The Administration has allowed the O.C.C. and the banks to embezzle 90 billion dollars of hard cash. The President has set an example for our children to follow, that it is OK to committ Fraud.
I had files bankruptcy back in 2011. In the bankruptcy I had included the house which orig was a FHA loan but I refinanced it a few years later but on a conventional loan not being under HUD thru the years it went thru a few mortgage lenders thus ending up thru BOA assumed from bankrupt lender. The house had finely went thru foreclose proceedings in March this year now they are listing it as a HUD Foreclosure Is this a fraudulent proceeding that the bank claimed this was a FHA HUD loan.Please advise so I can proceed with a fraud report.
Out of curiosity — how many of you have a Freddie/Fannie loan, have defaulted, and have not been served? How long has it been since your last payment? If you were served, how long did it take? Don’t want to poke the beast but I just read the following in the Federal Reserve Advisory Council’s minutes from May 17:
“One member expresses concern that Fannie Mae, Freddie Mac, and others continue to hold a significant number of underperforming loans and are not taking foreclosure actions. This is skewing the positive market-condition data and creating a potential future challenge.”
I am trying to get a time frame — our (not yet retained) lawyer said it could take as many as 12 months before we are served. I’ve reached out to my senators (yes I know there is little/nothing they can do), but like I said I am afraid to poke the beast so I’ve not followed through with their requests for permission to negotiate with the bank on our behalf (and I know the only thing they’ll do is *try* to get us a modification). All this waiting is really hurting me — trouble sleeping, chronic stomach pain.. whenever someone comes to the door I panic 🙁
If there’s anyone else out there with a Fannie/Freddie loan who is in the same boat I’d love to know how long it’s been since your last payment and whether you’ve yet been served
US Courts published the below
THIRD BRANCH NEWS
uscourts.gov | court locator | news
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Law Day Helps Students Understand Equality for All
Throughout May, federal courts brought students together under the umbrella of this year’s Law Day theme, “Realizing the Dream: Equality for All.” In urban courtrooms in Pennsylvania, a suburban school auditorium in Minnesota, and under a blue sky in California’s Yosemite Valley students from elementary, middle, and high schools participated in experiences designed to heighten their awareness of the justice system.
ha ha ha who they fooling? themselves
@ Christinea Osborn: There is a site called ‘whatsignature’ that has some method for documents to be uploaded and shared. Check out posting documents there. Documents can have only the signature page uploaded.
Thanks for the info. One of the signatures on the Affidavit from the Illegal Foreclosure of my home is listed on this site as well as others. However, there are a couple more names/signatures that I am searching; Robert Martins, Specialist and Julie Mathis, Vice President (WaMu), Lorrie A. Anderson (WaMu notary FL) and Travis Anderson (WaMu – FL). If anyone has seen names listed on any other sites, would appreciate any info you can provide. Thanks!
Does anyone know how or who to contact to get the list of employees (robosigners) that were employed by LPS (Lender Processing Service) and Lorraine Brown? I have contacted the FBI office that was involved with indicting Lorraine Brown, but to no avail. Suggestions?
Iowa Attorney General-Lead Office of the Executive Committee here is VIDEO ON CALL http://youtu.be/7BmbJycBROc
After being provided inconsistent information by Rust Consulting and many, many Attorney General offices, among other government offices, we went to the “lead” Iowa AG office (AG Tom Miller-Iowa) who is on the Executive Committee for the NMS and is suppose to be overseeing Rust Consulting. The Executive Committee was the best kept secret in this entire search for information! Other than the notation on the bottom of the NMS website, there was nothing more provided who was on this committee.
Keeping track, providing accurate information, explaining what is occurring and being transparent should be a priority to the so called “ghost committee”. After all, the 49 AG’s negotiated this settlement on “borrowers” behalves and shouldn’t they be assuring them what they did was in their best interest? That was to be the Executive Committee’s job but did they, are they and will they do the right thing and come up with explanations: why dates change, why dates on AG websites posted as June are not on the NMS website that the Executive Committee controls? Shouldn’t the Executive Committee know if claimants will receive interest on the 1.5 billion, where the number 750,000 eligible borrowers came from, why it is not considered a conflict that Rust Consulting was handed a billion dollar contract to be the Administrator when they are in bed with Citi? This was the most sickening conversation and one we hope everyone will interpret as “protecting” Wall St, the Banks and all the loan servicers who stole homes from the American People.
Warning: Content will be upsetting and we apologize if you lose your breakfast, lunch or dinner. PLEASE FORWARD THIS LINK and message and make this video go viral. Transparency is needed and there could not be a better time! Thank you everyone for your support and most of all our thoughts and prayers goes out to those who had their homes stolen and are trying to get through just one day without more salt being poured in the wounds. After all, borrowers are suppose to be “Thankful” for this small token called a settlement in lieu of the loss of their homes. Kind of hard to muster up thanks when it could have been avoided and the Banks were not prosecuted for illegal foreclosures. Very dark day in this country when homes can be stolen and the responsible parties can buy their way out of prosecution. Why doesn’t that apply to everyone else who breaks the law?! Sen. Warren had that right! To BIG to go to Trial!
God Bless!
I’m not so concerned about the date, what concerns me is that JP Morgan Chase (WaMu loan) DID NOT report the ILLEGAL foreclosure (2009) of my home (over 20 years), even though the Indiana Attorney General’s Office assured me in writing last year that I had done all I needed to do to be included in this settlement when I filed all my complaints with them and others.
I filed another complaint with the Indiana Attorney General’s Office. JP Morgan Chase answered my new complaint with a demand that I fill out and sign a MORTGAGE TRANSFER AGREEMENT as well as provide a copy of my husband’s death certificate (only husband was the borrower, though I was listed as a Deed holder) before they would answer any questions. I have no problem providing the death certificate, but WHY would I sign documents that would transfer a Mortgage, Note AND Debt into my name on a home that was ILLEGALLY FORECLOSED (2009) and SOLD by Freddie Mac (2012)?? I’m still waiting for the Indiana Attorney General’s Office to get back to me on my complaint.
Christina Osborn
May 29, 2013 at 11:39 AM
additional comment on earlier posting: Rust Consulting/JP Morgan Representative was provided a copy of my husband’s Death Certificate last year.
UPDATE: After contacting Mr. Tom Miller’s (Iowa Attorney General) office to inquire why the Illegal foreclosure of my home was not reported by JP Morgan Chase to be included in the National Mortgage Settlement. I was informed that even though the Illegal Foreclosure was initiated in December 2009, and JP Morgan Chase was granted Bankruptcy Judgment in November 2010, and JP Morgan Chase filed a Relief of Stay/Sheriff Sale date in December 2011, BECA– USE JP Morgan didn’t actually sell the home to Freddie Mac UNTIL February 7, 2012, JP Morgan Chase was permitted to not report/submit this Illegal Foreclosure by the Rules/Guidelines of the National Mortgage Settlement. Wondering how many other Illegal Foreclosures were omitted due to this particular Rule?
Hell NO, No more Bankster Bailouts!
June 10, 2013 at 12:39 PM
@Christina, It looks to me like they do not have any consistent rules for who gets even a tiny payment. I started my fight during 2009. Robosigned or otherwise improper documents have been recorded in 2005, 2009, 2010 and 2012. I’m still in the house. I was one of those who got two checks out of Rust because they cut the first one for $1K and were supposed to pay a little more. My fight involves Litton (which is now owned by OCWEN). The money did not defray my attorneys fees to date and the title is still clouded by their filings.
I’m still in the fight over my house. So, I can not see how you did not qualify for payment while I did.
Christina Osborn
June 14, 2013 at 12:07 PM
In an email received yesterday from the Indiana Attorney General’s Office concerning the National Mortgage Settlement….it stated…They have advised: “Later this Summer, notice will be sent to an additional 31,000 consumers whose information was just recently provided by two different servicers, and thus they could not be included in this distribution.” One of the two servicers is Chase.
The administrator will be adding the new property addresses to their database. Their number is 866-430-8358.
Now will see if the ILLEGAL Foreclosure of my home has been reported/submitted this time by JP Morgan Chase….
Christina Osborn
June 17, 2013 at 6:06 PM
Once again, Rust Consulting tells me that because the home was SOLD after the deadline of December 31, 2012, this ILLEGAL Foreclosure does not qualify to be included in the NMS even though JP Morgan Chase initiated this ILLEGAL foreclosure in December 2009. Since JP Morgan Chase was ‘successful’ in not ‘establishing due diligence’ in pursuing their claim of foreclosure, in other words…doing absolutely nothing until December 2011, when they filed the Sheriff sale date and the Relief of Stay Motion with the Court. By delaying the Sheriff Sale for 38 days, JP Morgan Chase has avoided submitting/reporting this ILLEGAL Foreclosure to the NMS!!! How many other homeowners has this also occurred? Per Rust Consulting, this is not the only case….
Does anyone know if there is going to be settlement opportunities similar to the NMS for foreclosures that took place after 12/31/2011. BoA postponed my foreclosure 3 times and it finally happened in March 2012. Although I disagree with the amount I received from the foreclosure review board and am addressing issues with BoA, I don’t qualify for the NMS due to the foreclosure date. Also can anyone advise me on tactics to get around the “he said she said” problem. I have notes of discussions that includes a name, date, and time but BoA says they have no record of the conversations. Thanks much!
Does anyone have HAMP guidelines from 2009, or anything from PNC or anywhere from 2009*-2010 that the servicers were suppose to repair borrowers credit reports after borrower was granted modification? I am looking for this documentation for my lawsuit. Thanks,
@tortelli,
What you are lookin for is the FAIR CREDIT REPORTING ACT (FCRA). Make sure you state in your complaint that you disputed with a credit reporting agency and state a claim. This is not legal advice and I am not a lawyer. I have filed lawsuit against PNC also.
Occupy Justice Department: Foreclosed Homeowners Arrested Protesting U.S. Refusal To Prosecute Big Banks
WASHINGTON — Owners of foreclosed houses were arrested during a protest outside Justice Department headquarters Monday, where they demonstrated against prosecutors’ failure to take legal action against bankers.
Seventeen former homeowners were arrested, according to Washington police. The demonstrators were seized outside the Justice Department building as they sat in groups behind a police barrier, singing protest songs largely invoking language from the Occupy Wall Street. They blocked traffic in front of the Robert F. Kennedy building beginning at 2 p.m. Five hours later, Constitution Avenue remained blocked from 9th Street to 10th Street. Many of the protesters who were not arrested had set up tents outside the building and said they planned to spend the night.
Those arrested were charged with “incommoding,” or obstructing traffic, according to Ann C. Wilcox, a lawyer representing the protesters.
The protest was organized, in part, by Occupy Homes, a grassroots organization that grew out of the Occupy Wall Street demonstration to support homeowners facing foreclosure. Other grassroots organizations, including coalitions from as far as Washington state, California and Florida, also joined.
No Justice Department officials come outside to acknowledge the protesters. A department spokesman wasn’t available for comment after business hours.
“We want our attorney general, Eric Holder, to bring some accountability from the banks and put them in jail,” said Vivian Richardson, 62, of San Francisco, whose home was foreclosed in 2010. Richardson fought against the banks to win back her house with the help of Alliance of Californians for Community Empowerment and other community-based organizations.
Nearly a third of all foreclosed borrowers who faced foreclosure proceedings brought by the biggest U.S. mortgage companies came to the brink of losing their homes due to potential bank errors or now-banned practices, according to a study from bank regulators published in April.
Many homeowners who successfully fought banks have received compensation checks far below the value of the homes they lost.
Eric Krasner’s home in Frederick, Md., was foreclosed on in 2010 after he had filed for bankruptcy. Krasner, 52, now living in Atlanta, battled banks for years before winning compensation. He said his fight revealed disorganization distribution by federal regulators of a $9.2 billion settlement with mortgage companies over improper foreclosures.
“When they said, ‘Oh we’re going to do this settlement, but it’s taking so long we’re not even going to look at your files,’ I started calling my elected officials looking for answers,” Krasner told The Huffington Post. “How are they going to determine how much pay us … if they’re not going to even look at our” files?
Krasner figured he was owed $62,000 from the settlement, but when his check came, he received only $2,000. Many in his situation received as little as $300 in compensation. “Until Eric Holder does his job and puts bankers in jail, this is going to continue,” Krasner said.
“Banks were bailed out when they needed help … and they’re not giving back like they were supposed to,” said Richardson, echoing the anger toward the big banks that received billions in 2008 and 2009 to help keep them afloat after the economy soured.
That “too big to fail” and “too big to jail” feeling has recently been taken on by the Democratically controlled Senate.
In March, the Senate voted 99-0 in favor of a non-binding budget amendment, introduced by Sens. David Vitter (R-La.) and Sherrod Brown (D-Ohio), to eliminate subsidies or funding advantages for Wall Street banks with more than $500 billion in assets. However, as it is a non-binding amendment, and it was attached to the Senate budget never taken up by the Republican-controlled House, which passed the budget introduced by Rep. Paul Ryan (R-Wis.) earlier that month.
In early March, Holder told the Senate Judiciary Committee that some banks are in fact too big to prosecute because doing so “will have a negative impact on the national economy, perhaps even the world economy.” Last week, Holder tried to roll back his earlier statement, telling a House Judiciary Committee that there is ” no institution … who cannot be investigated and prosecuted by the United States Department of Justice.”
This article has been updated to include the charge against those who were arrested.
When will the madness stop? Records of court cases throughout our nation shows that banks are being rewarded with mortgage notes not owned by wholesale judicial nullification of the Uniform Commercial Code. Despite the clear mandates that specify precisely how ownership interests in mortgage notes are sold or otherwise transferred, cases are being resolved in favor of banks without application of the UCC.
No string of cases is more indicative of this than those involving former Washington Mutual Bank, the Federal Deposit Insurance Corporation and JPMorgan Chase Bank. Court records show that Chase Bank, with the full cooperation and assistance of courts, are fraudulently enforcing mortgage notes that were originated by WAMU. The Purchase and Assumption Agreement, Article III, Section 3.3, specifies that all notes purchased by Chase from the FDIC be evidenced by either a (no warranty) “Receiver’s Deed” or a “Receiver’s Bill of Sale”. Yet, Courts deciding standing in favor of Chase Bank, has relieved Chase from having not only having to produced the just described instruments, but also without having to produce the original mortgage instruments. This has shown to be pervasive throughout the United States in both state and federal courts. See Ronald Williams et al. vs. JPMorgan Chase Bank et al., USDC Nev. No. 2:10-cv-00118 PMP-PAL, USDCA, 9th Cir. No. 10-16102, USSC No. 12-159.
The above cited are our cases from the district court to the United States Supreme Court. The records show that the UCC simply was not applied and enforced as to the question whether Chase Bank had standing to enforce our mortgage note as originated by former Washington Mutual Bank. We are at 702 270-9937. Our case is a posture child of just what ails our system of justice as it pertains to fraud being perpetrated by banks against mortgage notes
I have been trying to get WF to remove derogatory information from my credit report. The office of executive complaints called me and told me that their findings was that they were not in the wrong. My payment back in 2008 did not make to them in time to post it, even though the forebearance stated that I could get it in on or before the due date. She told me that they received it on the day scheduled but it couldn’t be posted the same day it arrived. She said foreclosure was already in place before the check go there and that they just continued to process the foreclosure further. WF will not be removing anything from my credit report at this time. Believe me, I will not give up. This is just one obstacle. I am going around it and we all will win this fight. There is a loophole somewhere in this and I will definitely find it.
According to the Missouri AG office website “Missourians who have been foreclosed upon are eligible to receive roughly $2,000 each, up to about $31 million. Nationwide, $1.5 billion will be distributed to some 750,000 borrowers”
This is a new video with the same old script. I made it to show the first call was not some poor misguided Rust employee misstating information.
I have also sent the video to the AG offices to show this is going on day in and day out and unless they ask some very direct answers we will all be left in dark settling for crumbs.
Rust Consulting needs to be held accountable and I for one am sick and tired of the Banks having control over our destiny. They control Rust…no doubt about it! AG offices in the dark as is the Banking Committee. I hope Senator Warren gives them hell!
Please feel free to pass it on, post it wherever you can!
Like the picture in the video…kind of how I picture their executives lol
Here’s the latest about HAMP Fraud. This should give us hope that our application for IFR was based on our collective experiences before were were ripped off by the criminal servicers. Everything we said was true. Just read this 56-page complaint or the highlighted parts, the check the new site for us at nakedcapitalism.com. We have to stick together and never, ever give up. We will fight those criminals.
Here’s the link: http://www.documentcloud.org/documents/324428-greg-mackler-complaint.html
I got a call this morning from the press secretary for the AG office about the video I sent to all the AG offices. Office of the Controller, Government Accountability office and then some. There is a hearing/meeting with Rust Executives..Parks and Holland. They are asking why Rust cannot provide “us” with answers and why they are referring callers back to AG offices when Rust is the only source of accurate information as the administrator. I gave them permission to use my name just in case there is any kind of retaliation by Rust in delaying my payment for going after them. Does sit on the back of my mind that these people are capable of doing anything to get their way.
I was so fricking happy to read your posting after I got the call. There were some very nasty postings on youtube about the video, we assume it was Rust Consulting people. YouTube promptly removed and blocked the posters.
More than 500 people have viewed the video and every AG office of every state was sent the link. God…I pray we have opened some eyes and answers come with a big fat check for all of us!
Thank you, thank you and thank you to everyone for getting us out there. We have been so humbled by our experiences and loss, so I hope in the end we “show them” enough is enough and we are not going to “take it anymore”.
I am working on another video to take place after the meeting to see if anything has changed with their call center. I think we have to keep on top of them no matter the outcome of this hearing/meeting.
Hugs to all of you!
I seem to have every flavor of Chase on my loan and my PREVIOUS loan that was paid off to…Chase..one of it’s many tentacles. They went from being the administrative servicer, to the NEW original lender to now being the investor. And still won’t answer why BofA was still in “my” MERS records although I did not have a MERS loan for at least two years and then why a NEW MERS record was created with a date two years before it existed and AFTER Jamie Dimon had disavowed Chase from MERS. Even WaMu is being referred to regarding this loan after it reared it’s ugly head on my credit report in 2005 putting me into my PREVIOUS predatory loan where I ended up with a HIGH payment. So I never got the “benefit” of the EVIL sub prime low payment loan.
Another good stat I’ve heard was that the COMPLETE value of the TOTAL sub prime market was $1 trillion. So why did Wall St need to get bailed out with 15-20 x that amount. It gets astronomical if the default amounts of these loans were only a fraction of the total trillion.
It’s great we have these stories, movies but the “non-profits”, political action groups are going along with the same emotional, morality approach that has been used against us to treat us like deadbeats and second class citizens.
We need to unite and demand that OUR representatives, at every level, make sure these thieves pay us back or they are accessories to these CRIMES and TRAITORS to our country. Otherwise these numbers are out there stuck in cyber space or buried in page 100 of the Business sections.
One of my points I missed was that in terms of stories etc I feel we should be more direct and not go along w/ the language they’ve used against such as “too big to fail” but start usig language such as monopolies, anti trust and theft of our community and nation’s wealth.
What would happen if the Federal Reserve was shut down permanently? That is a question that CNBC asked recently, but unfortunately most Americans don’t really think about the Fed much.
Most Americans are content with believing that the Federal Reserve is just another stuffy government agency that sets our interest rates and that is watching out for the best interests of the American people. But that is not the case at all.
The truth is that the Federal Reserve is a private banking cartel that has been designed to systematically destroy the value of our currency, drain the wealth of the American public and enslave the federal government to perpetually expanding debt.
During this election year, the economy is the number one issue that voters are concerned about. But instead of endlessly blaming both political parties, the truth is that most of the blame should be placed at the feet of the Federal Reserve.
The Federal Reserve has more power over the performance of the U.S. economy than anyone else does. The Federal Reserve controls the money supply, the Federal Reserve sets the interest rates and the Federal Reserve hands out bailouts to the big banks that absolutely dwarf anything that Congress ever did.
If the American people are ever going to learn what is really going on with our economy, then it is absolutely imperative that they get educated about the Federal Reserve.
The following are 10 things that every American should know about the Federal Reserve….
#1 The Federal Reserve System Is A Privately Owned Banking Cartel
The Federal Reserve is not a government agency.
The truth is that it is a privately owned central bank. It is owned by the banks that are members of the Federal Reserve system. We do not know how much of the system each bank owns, because that has never been disclosed to the American people.
The Federal Reserve openly admits that it is privately owned. When it was defending itself against a Bloomberg request for information under the Freedom of Information Act, the Federal Reserve stated unequivocally in court that it was “not an agency” of the federal government and therefore not subject to the Freedom of Information Act.
In fact, if you want to find out that the Federal Reserve system is owned by the member banks, all you have to do is go to the Federal Reserve website….
The twelve regional Federal Reserve Banks, which were established by Congress as the operating arms of the nation’s central banking system, are organized much like private corporations–possibly leading to some confusion about “ownership.” For example, the Reserve Banks issue shares of stock to member banks. However, owning Reserve Bank stock is quite different from owning stock in a private company. The Reserve Banks are not operated for profit, and ownership of a certain amount of stock is, by law, a condition of membership in the System. The stock may not be sold, traded, or pledged as security for a loan; dividends are, by law, 6 percent per year.
Foreign governments and foreign banks do own significant ownership interests in the member banks that own the Federal Reserve system. So it would be accurate to say that the Federal Reserve is partially foreign-owned.
But until the exact ownership shares of the Federal Reserve are revealed, we will never know to what extent the Fed is foreign-owned.
#2 The Federal Reserve System Is A Perpetual Debt Machine
As long as the Federal Reserve System exists, U.S. government debt will continue to go up and up and up.
This runs contrary to the conventional wisdom that Democrats and Republicans would have us believe, but unfortunately it is true.
The way our system works, whenever more money is created more debt is created as well.
For example, whenever the U.S. government wants to spend more money than it takes in (which happens constantly), it has to go ask the Federal Reserve for it. The federal government gives U.S. Treasury bonds to the Federal Reserve, and the Federal Reserve gives the U.S. government “Federal Reserve Notes” in return. Usually this is just done electronically.
So where does the Federal Reserve get the Federal Reserve Notes?
It just creates them out of thin air.
Wouldn’t you like to be able to create money out of thin air?
Instead of issuing money directly, the U.S. government lets the Federal Reserve create it out of thin air and then the U.S. government borrows it.
Talk about stupid.
When this new debt is created, the amount of interest that the U.S. government will eventually pay on that debt is not also created.
So where will that money come from?
Well, eventually the U.S. government will have to go back to the Federal Reserve to get even more money to finance the ever expanding debt that it has gotten itself trapped into.
It is a debt spiral that is designed to go on perpetually.
You see, the reality is that the money supply is designed to constantly expand under the Federal Reserve system. That is why we have all become accustomed to thinking of inflation as “normal”.
So what does the Federal Reserve do with the U.S. Treasury bonds that it gets from the U.S. government?
Well, it sells them off to others. There are lots of people out there that have made a ton of money by holding U.S. government debt.
In fiscal 2011, the U.S. government paid out 454 billion dollars just in interest on the national debt.
That is 454 billion dollars that was taken out of our pockets and put into the pockets of wealthy individuals and foreign governments around the globe.
The truth is that our current debt-based monetary system was designed by greedy bankers that wanted to make enormous profits by using the Federal Reserve as a tool to create money out of thin air and lend it to the U.S. government at interest.
And that plan is working quite well.
Most Americans today don’t understand how any of this works, but many prominent Americans in the past did understand it.
For example, Thomas Edison was once quoted in the New York Times as saying the following….
That is to say, under the old way any time we wish to add to the national wealth we are compelled to add to the national debt.
Now, that is what Henry Ford wants to prevent. He thinks it is stupid, and so do I, that for the loan of $30,000,000 of their own money the people of the United States should be compelled to pay $66,000,000 — that is what it amounts to, with interest. People who will not turn a shovelful of dirt nor contribute a pound of material will collect more money from the United States than will the people who supply the material and do the work. That is the terrible thing about interest. In all our great bond issues the interest is always greater than the principal. All of the great public works cost more than twice the actual cost, on that account. Under the present system of doing business we simply add 120 to 150 per cent, to the stated cost.
But here is the point: If our nation can issue a dollar bond, it can issue a dollar bill. The element that makes the bond good makes the bill good.
We should have listened to men like Edison and Ford.
But we didn’t.
And so we pay the price.
On July 1, 1914 (a few months after the Fed was created) the U.S. national debt was 2.9 billion dollars.
Today, it is more than more than 5000 times larger.
Yes, the perpetual debt machine is working quite well, and most Americans do not even realize what is happening.
#3 The Federal Reserve Has Destroyed More Than 96% Of The Value Of The U.S. Dollar
Did you know that the U.S. dollar has lost 96.2 percent of its value since 1900? Of course almost all of that decline has happened since the Federal Reserve was created in 1913.
Because the money supply is designed to expand constantly, it is guaranteed that all of our dollars will constantly lose value.
Inflation is a “hidden tax” that continually robs us all of our wealth. The Federal Reserve always says that it is “committed” to controlling inflation, but that never seems to work out so well.
And current Federal Reserve Chairman Ben Bernanke says that it is actually a good thing to have a little bit of inflation. He plans to try to keep the inflation rate at about 2 percent in the coming years.
So what is so bad about 2 percent? That doesn’t sound so bad, does it?
Well, just consider the following excerpt from a recent Forbes article….
The Federal Reserve Open Market Committee (FOMC) has made it official: After its latest two day meeting, it announced its goal to devalue the dollar by 33% over the next 20 years. The debauch of the dollar will be even greater if the Fed exceeds its goal of a 2 percent per year increase in the price level.
#4 The Federal Reserve Can Bail Out Whoever It Wants To With No Accountability
The American people got so upset about the bailouts that Congress gave to the Wall Street banks and to the big automakers, but did you know that the biggest bailouts of all were given out by the Federal Reserve?
Thanks to a very limited audit of the Federal Reserve that Congress approved a while back, we learned that the Fed made trillions of dollars in secret bailout loans to the big Wall Street banks during the last financial crisis. They even secretly loaned out hundreds of billions of dollars to foreign banks.
According to the results of the limited Fed audit mentioned above, a total of $16.1 trillion in secret loans were made by the Federal Reserve between December 1, 2007 and July 21, 2010.
The following is a list of loan recipients that was taken directly from page 131 of the audit report….
Citigroup – $2.513 trillion
Morgan Stanley – $2.041 trillion
Merrill Lynch – $1.949 trillion
Bank of America – $1.344 trillion
Barclays PLC – $868 billion
Bear Sterns – $853 billion
Goldman Sachs – $814 billion
Royal Bank of Scotland – $541 billion
JP Morgan Chase – $391 billion
Deutsche Bank – $354 billion
UBS – $287 billion
Credit Suisse – $262 billion
Lehman Brothers – $183 billion
Bank of Scotland – $181 billion
BNP Paribas – $175 billion
Wells Fargo – $159 billion
Dexia – $159 billion
Wachovia – $142 billion
Dresdner Bank – $135 billion
Societe Generale – $124 billion
“All Other Borrowers” – $2.639 trillion
So why haven’t we heard more about this?
This is scandalous.
In addition, it turns out that the Fed paid enormous sums of money to the big Wall Street banks to help “administer” these nearly interest-free loans….
Not only did the Federal Reserve give 16.1 trillion dollars in nearly interest-free loans to the “too big to fail” banks, the Fed also paid them over 600 million dollars to help run the emergency lending program. According to the GAO, the Federal Reserve shelled out an astounding $659.4 million in “fees” to the very financial institutions which caused the financial crisis in the first place.
Does reading that make you angry?
It should.
#5 The Federal Reserve Is Paying Banks Not To Lend Money
Did you know that the Federal Reserve is actually paying banks not to make loans?
It is true.
Section 128 of the Emergency Economic Stabilization Act of 2008 allows the Federal Reserve to pay interest on “excess reserves” that U.S. banks park at the Fed.
So the banks can just send their cash to the Fed and watch the money come rolling in risk-free.
So are many banks taking advantage of this?
You tell me. Just check out the chart below. The amount of “excess reserves” parked at the Fed has gone from nearly nothing to about 1.5 trillion dollars since 2008….
But shouldn’t the banks be lending the money to us so that we can start businesses and buy homes?
You would think that is how it is supposed to work.
Unfortunately, the Federal Reserve is not working for us.
The Federal Reserve is working for the big banks.
Sadly, most Americans have no idea what is going on.
Another example of this is the government debt carry trade.
Here is how it works. The Federal Reserve lends gigantic piles of nearly interest-free cash to the big Wall Street banks, and in turn those banks use the money to buy up huge amounts of government debt. Since the return on government debt is higher, the banks are able to make large profits very easily and with very little risk.
This scam was also explained in a recent article in the Guardian….
Consider this: we pretend that banks are private businesses that should be allowed to run their own affairs. But they are the biggest scroungers of public money of our time. Banks are lent vast sums of money by central banks at near-zero interest. They lend that money to us or back to the government at higher rates and rake in the difference by the billion. They don’t even have to make clever investments to make huge profits.
That is a pretty good little scam they have got going, wouldn’t you say?
#6 The Federal Reserve Creates Artificial Economic Bubbles That Are Extremely Damaging
By allowing a centralized authority such as the Federal Reserve to dictate interest rates, it creates an environment where financial bubbles can be created very easily.
Over the past several decades, we have seen bubble after bubble. Most of these have been the result of the Federal Reserve keeping interest rates artificially low. If the free market had been setting interest rates all this time, things would have never gotten so far out of hand.
For example, the housing crash would have never been so horrific if the Federal Reserve had not created such ideal conditions for a housing bubble in the first place. But we allow the Fed to continue to make the same mistakes.
Right now, the Federal Reserve continues to set interest rates much, much lower than they should be. This is causing a tremendous misallocation of economic resources, and there will be massive consequences for that down the line.
#7 The Federal Reserve System Is Dominated By The Big Wall Street Banks
Even since it was created, the Federal Reserve system has been dominated by the big Wall Street banks.
The following is from a previous article that I did about the Fed….
The New York representative is the only permanent member of the Federal Open Market Committee, while other regional banks rotate in 2 and 3 year intervals. The former head of the New York Fed, Timothy Geithner, is now U.S. Treasury Secretary. The truth is that the Federal Reserve Bank of New York has always been the most important of the regional Fed banks by far, and in turn the Federal Reserve Bank of New York has always been dominated by Wall Street and the major New York banks.
#8 It Is Not An Accident That We Saw The Personal Income Tax And The Federal Reserve System Both Come Into Existence In 1913
On February 3rd, 1913 the 16th Amendment to the U.S. Constitution was ratified. Later that year, the United States Revenue Act of 1913 imposed a personal income tax on the American people and we have had one ever since.
Without a personal income tax, it is hard to have a central bank. It takes a lot of money to finance all of the government debt that a central banking system creates.
It is no accident that the 16th Amendment was ratified in 1913 and the Federal Reserve system was also created in 1913.
They have a symbiotic relationship and they are designed to work together.
We could fill Congress with people that are committed to ending this oppressive system, but so far we have chosen not to do that.
So our children and our grandchildren will face a lifetime of debt slavery because of us.
I am sure they will be thankful for that.
#9 The Current Federal Reserve Chairman, Ben Bernanke, Has A Nightmarish Track Record Of Incompetence
The mainstream media portrays Federal Reserve Chairman Ben Bernanke as a brilliant economist, but is that really the case?
Let’s go to the videotape.
The following is an extended excerpt from an article that I published previously….
———-
In 2005, Bernanke said that we shouldn’t worry because housing prices had never declined on a nationwide basis before and he said that he believed that the U.S. would continue to experience close to “full employment”….
“We’ve never had a decline in house prices on a nationwide basis. So, what I think what is more likely is that house prices will slow, maybe stabilize, might slow consumption spending a bit. I don’t think it’s gonna drive the economy too far from its full employment path, though.”
In 2005, Bernanke also said that he believed that derivatives were perfectly safe and posed no danger to financial markets….
“With respect to their safety, derivatives, for the most part, are traded among very sophisticated financial institutions and individuals who have considerable incentive to understand them and to use them properly.”
In 2006, Bernanke said that housing prices would probably keep rising….
“Housing markets are cooling a bit. Our expectation is that the decline in activity or the slowing in activity will be moderate, that house prices will probably continue to rise.”
In 2007, Bernanke insisted that there was not a problem with subprime mortgages….
“At this juncture, however, the impact on the broader economy and financial markets of the problems in the subprime market seems likely to be contained. In particular, mortgages to prime borrowers and fixed-rate mortgages to all classes of borrowers continue to perform well, with low rates of delinquency.”
In 2008, Bernanke said that a recession was not coming….
“The Federal Reserve is not currently forecasting a recession.”
A few months before Fannie Mae and Freddie Mac collapsed, Bernanke insisted that they were totally secure….
“The GSEs are adequately capitalized. They are in no danger of failing.”
For many more examples that demonstrate the absolutely nightmarish track record of Federal Reserve Chairman Ben Bernanke, please see the following articles….
*”Say What? 30 Ben Bernanke Quotes That Are So Stupid That You Won’t Know Whether To Laugh Or Cry”
*”Is Ben Bernanke A Liar, A Lunatic Or Is He Just Completely And Totally Incompetent?”
But after being wrong over and over and over, Barack Obama still nominated Ben Bernanke for another term as Chairman of the Fed.
———-
#10 The Federal Reserve Has Become Way Too Powerful
The Federal Reserve is the most undemocratic institution in America.
The Federal Reserve has become so powerful that it is now known as “the fourth branch of government”, but there are less checks and balances on the Fed than there are on the other three branches.
The Federal Reserve runs the U.S. economy but it is not accountable to the American people. We can’t vote those that run the Fed out of office if we do not like what they do.
Yes, the president appoints those that run the Fed, but he also knows that if he does not tread lightly he won’t get the money from the big Wall Street banks that he needs for his next election.
Thankfully, there are a few members of Congress that are complaining about how much power the Fed has. For example, Ron Paul once told MSNBC that he believes that the Federal Reserve is now actually more powerful than Congress…..
“The regulations should be on the Federal Reserve. We should have transparency of the Federal Reserve. They can create trillions of dollars to bail out their friends, and we don’t even have any transparency of this. They’re more powerful than the Congress.”
As members of Congress such as Ron Paul have started to shed some light on the activities of the Federal Reserve, that has caused many in the mainstream media to come to the defense of the Fed.
For example, a recent CNBC article entitled “If The Federal Reserve Is Abolished, What Then?” makes it sound like there is absolutely no other rational alternative to having the Federal Reserve run our economy.
But this is not what our founders intended.
The founders did not intend for a private banking cartel to issue our money and set our interest rates for us.
According to Article I, Section 8 of the U.S. Constitution, the U.S. Congress has been given the responsibility to “coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures”.
So why is the Federal Reserve doing it?
But the CNBC article mentioned above makes it sound like the sky would fall if control of the currency was handed back over to the American people.
At one point, the article asks the following question….
“How would the U.S. economy then function? Something has to take its place, right?”
No, the truth is that we don’t need anyone to “manage” our economy.
The U.S. Treasury could be in charge of issuing our currency and the free market could set our interest rates.
We don’t need to have a centrally-planned economy.
We aren’t China.
And it goes against everything that our founders believed to be running up so much government debt.
For example, Thomas Jefferson once declared that if he could add just one more amendment to the U.S. Constitution it would be a ban on all government borrowing….
I wish it were possible to obtain a single amendment to our Constitution. I would be willing to depend on that alone for the reduction of the administration of our government to the genuine principles of its Constitution; I mean an additional article, taking from the federal government the power of borrowing.
Oh, how things would have been different if we had only listened to Thomas Jefferson.
Please share this article with as many people as you can. These are things that every American should know about the Federal Reserve, and we need to educate the American people about the Fed while there is still time.
It is known that Chase owns 52 percent of the Federal Reserve Bank of New York . and it is also the majority stockholder in MERS
there is a bid difference between the federal reserve banks and its owners and the Federal Reserve Board. My mom worked there for many years and her checks said U.S. Treasury Dept like all other federal employees. so this factoid may need some real digging to find out the truth as to whether the FEDERAL REserve Board is a federal agency. Independent and not under control of the U.S. Treasury Dept.
if you think FED think Chase if you think Chase. the dividing line where they are distinguishable is merky at best.
about $ 90 billion of that money was from TARP or taxpayer money.
HBO FILM: Too Big To Fail: Opening The Vault On The Financial Crisis
The new HBO original film, “Too Big To Fail”, premieres on Monday, May 23 only on HBO. http://www.youtube.com/watch?v=wVV6dzDO …
“Meanwhile, the official overseer of the NMS, appointed by state attorneys general and federal housing officials, Joseph Smith, has not made any statement about payment snafus. His oversight office is busy preparing its first official report to determine if the five NMS lenders are meeting their new mortgage servicing standards.”
I called the Oversight office on Friday and spoke to a woman there who was definite that neither
Mr. Smith or that office had anything to do with Rust’s administration of these cash payments. She said they are only overseeing the other aspects of the settlement.
Sadly, Rust Consulting is seemingly on their own here – no oversight or accountability, and even as of today, not even the decency to update the NMS site to explain this change in payment dates. I got an e-mail from one of them saying that the change to “mid to late May”, in his words – “should not have been made”, but NO explanation why it was or why it was left uncorrected for 2 weeks or more.
The NMS site is not reliable, as Rust has already proven- why should we believe it this time?
Bank regulators keeping tally of checks cashed in the Independent Foreclosure Review (IFR) mailings put the running total at more than $2 billion as of Thursday, but that amount should have been higher if not for more fumbling by the paying agent, Rust Consulting.
Compensation checks in the IFR borrower-abuse agreement have gone through four mailing waves since April 12. The last one on May 3 turned out to have short-changed many recipients.
Rust Consulting conceded that more than 40 percent of the 217,000 checks that went out that day, or 96,000, underpaid recipients. Rust had already faced some chastising from the Federal Reserve after the first phase of payouts on April 12, when some of those initial checks actually bounced.
For the up to 4 million compensation recipients, the payments screw-up is adding to their anger over getting less than they thought they should, compared to the abuses they were dealt during wrongful or botched foreclosures in 2009 and 2010.
Borrowers see this phase in the two-year-old IFR process has yet another salvo from the big banks and their regulators, who have come under intense heat from consumer advocates and many lawmakers over the foreclosure reviews abandoned in haste this January in favor of a $9 billion settlement with 13 mortgage servicers.
Now comes the sequel to the IFR payments: compensation checks in the other agreement, the older National Mortgage Settlement (NMS), reached more than a year ago with five top U.S. lenders: Ally/GMAC; Bank of America; Citi; JPMorgan Chase; and Wells Fargo. Up to 750,000 borrowers may be eligible for NMS payments, totaling $1.5 billion. Some borrowers are eligible for both IFR and NMS checks.
Rust Consulting is also the paying agent for the NMS, approved by bank regulators to handle mailings and payments for both settlements.
In February, the National Mortgage Settlement official website was updated to say that checks to NMS claimants would be mailed out by “mid-year 2013.” That statement went unchanged for two months until April 22, when suddenly it said checks would go out in“4 to 6 weeks.”
Borrowers were even more encouraged a few days ago when the website message was tightened to say payments would be mailed “mid to late May.”
However, suddenly the website statement’s timetable changed yet again, reverting back to “mid-2013″ this week, further infuriating many eligible NMS borrowers, many of whom have expressed their anger through comments on eCreditDaily.
Many decided to call or text executives at Rust Consulting to get a clearer answer on the NMS timetable. Others have tried contacting their state attorney general or bank regulators. Still no clear answer on the NMS payment dates.
One thing seems clear. The very latest shift back to a “mid-2013″ NMS payout timetable coincided with Rust Consulting’s latest snafu with the fourth wave of IFR checks mailed out on May 3. Those checks to 96,000 borrowers are tied to loan servicing errors or wrongdoing by Goldman Sachs (Litton Loan Servicing) and Morgan Stanley (Saxon Mortgage Services).
Rust Consulting said it has corrected the error and plans to mail supplemental checks to affected borrowers as soon as May 17, 2013, for the additional amounts they were supposed to be paid, according to the Federal Reserve.
Meanwhile, the official overseer of the NMS, appointed by state attorneys general and federal housing officials, Joseph Smith, has not made any statement about payment snafus. His oversight office is busy preparing its first official report to determine if the five NMS lenders are meeting their new mortgage servicing standards.
The report, due to be released in June, is expected to be critical, reflecting complaints from housing counselors and state AGs over continued foreclosure-prevention mishandling or delays by the big banks. New York Attorney General Eric T. Schneiderman said this week that his office will file lawsuits against Bank of America and Wells Fargo for “repeatedly” violating the settlement’s rules.
Meanwhile, borrowers can file a complaint about their servicers through this page on the NMS overseer’s website. Or, consumers can file mortgage-related complaints directly through the Consumer Financial Protection Bureau.
Cell numbers for Rust Consulting Executives who are involved in the National Mortgage Settlement contract with the AG offices.
Send them a text or two
Daniel Marotto 415 609 6179 He is in the San Francisco office
Eric Hudgens 612 359-2041
James Parks 612 770-7584 He is the Chief Exec Officer assigned to the NMS
Matthew Potter 612 396-8325
Paul Vogel 612 359-7464
I would encourage everyone to contact Russ Consulting/National Mortgage Settlement Administrator. Even after receiving confirmation from the Indiana Attorney General’s Office last Spring that I didn’t need to do anything more after filing my complaint with the IAGs office, that I was automatically included in this settlement, when I contacted the National Mortgage Settlement Administrator last month to inquire why I had not yet received a ‘postcard’ from them, I was informed that JP Morgan Chase had not reported my Illegal Foreclosure to be included in the National Mortgage Settlement!
Watch the video. It is an actual call to Rust Consultings National Mortgage Settlement Call Center.
The employee lies and gets caught!
Rust Consulting Executives can be reached here:
Instead of calling the call center where you cannot get answers…call their cells phones or send them a text. Tell them you want answers!
Daniel Marotto 415 609 6179 He is in the San Francisco office
Eric Hudgens 612 359-2041
James Parks 612 770-7584 He is the Chief Exec Officer assigned to the NMS
Matthew Potter 612 396-8325
Paul Vogel 612 359-7464
My fiance of nearly 7 yrs passed away…we had many bussiness accounts together, I am his sole heir, hand written will, other documents etc….this foreclosure happened during our time together, affecting my finances and his, the check came in his name…will I be able to cash it as with other ins payouts etc or do I need to get more legal help…
This is actually a more personal response in regards to your post. I too have personally have a story of heart ache with a austitic child and Saxon and new century and Wells Fargo we are one week away from being evicted but I think in the process of all of this and many ,I have heard stories of black wholes and sad downright heart breaking, needs to be told as I was apart of this myself . So I am in the process of a book the other side. People need to know what is happening and has happened maybe it is too late for us but I do not want to see anyone go thru this . It is downright criminal and lacks humanity for many . If you want to share anything you can let me know I am addressing several stories it may take some time but I know for a fact if any other company ran business this way no one would be employed unless they wanted it this way.
Rust Consulting, the paying agent for the Independent Foreclosure Review (IFR) Payment Agreement, said today that a clerical error led to some borrowers in the May 3, 2013, wave of payments being sent checks for less than the amount that the Federal Reserve directed those borrowers to be paid. Rust has corrected the error and plans to mail supplemental checks to affected borrowers as soon as May 17, 2013, for the additional amounts they were to be paid. A letter explaining the reason for the supplemental check will accompany the supplemental check.
In the wave of settlement payments mailed on May 3, 2013, approximately 96,000 borrowers whose loans were serviced by Goldman Sachs (Litton Loan Servicing LP) and Morgan Stanley (Saxon Mortgage Services, Inc.) were affected by the error. The remaining borrowers mailed checks on May 3, 2013 were not affected by the error.
I recieved a $500 check in the mail and could not imagine that all I went thru in the past 4 years was only worth this amount of money. I live in the state of VA and my home was forclosed on in the middle of a modification. JP Morgan Chase is a joke and has gotten away with thousands of forclosures and now the payouts are stolen as well… I really feel that someone needs to step up to the plate and assist homeowners such as myself, who lost their homes, their credit and took years off of their lives with the stress of all that JP Morgan Chase put me thru.
I have been in loan mod hell for 3 1/2 years with Chase. They have no clue what they are doing I have 4 notebook full of bs ,not one rep will tell you the same thing ( so far I am at 28 reps ) . I also have 4 boxes of sumissions and still yet I am no where, even though according to guidelines I qualify. My story with them could fill a novel. I am dealing with the NY S Atty General & our NYS Senator. Not sure where this will go as now I am in preforclosure. If we had only know there is no one watching over the Help for Home Owners Program. Does Obama know that it can take this long> This is not a timely process . They have put me into arrears , late fees ,legal fees , penelties and interest Till you are so far behind when they deny you you cant catch up . Yes as J P Mrgan Chase always says we dont want to take your home! REALLY ! You just force people into giving to you !!! . After 21/2 years in the assumptions dept I just am being told the investor holding my late husbands mortgage does not participate in assumptions. It took them over two years of me doing continuous submissions and many many hours on the phone to finally learn this I have dealt again with them the last 3 days lost moredays at work something else the Help for Homeowners Program does not tell you it is a part time job for you once you start as you have to stay on it always.. Oh yeah it gets worse much worse, than this, just too tired tonight to write any more. I hope tJ P MORGAN CHASE will be held accountable for so many of us loosing our homes due to a very broken sytem where no one oversees it . And where did the bail out money go to help homeowners ?? Chase Bank is so far from a proffesional, ethical institution it just leaves me in disbelief. Shame on all of them !!. I have only just begun with the state level but look out J P MORGAN CHASE as I am going to Oprah and to 60 Minutes to expose your terrible injustices !!! I have had enough !!!!!!!
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Sheryl, what state are you and the law firm based out of.
I’ve been pro-se since 2006 and I now own my home without a deed of trust or note but now comes the rough stuff and I could use a good firm or a good lawyer for the law suit stage of my recovery.
I spent hundreds of hours sending out hundreds of emails trying to get a lawyer…finally, I found Fraser, Trebilcock and Dunlap our of Lansing. They have law firms in other states as well…here is the link; they may be able to help some of you that are having trouble finding an attorney. The link is http://fraserlawfirm.com/
There is a class action suit that the Dept. of Justice filed with WF. It is for
discrimination against african-americans and hispanics. If you bought a home
between 1-1-2004 – 12-31-2009, you may qualify. The deadline is 6-25-2013. If
you obtained a loan with WF and you were given a 80/20 or some other type of
loan instead of a prime loan and could of qualified for a prime loan if you had
been considered for one, you may qualify for this suit. Call 1-866-329-5282,
Epig Class Action & Claims Solutions, to get them to send you a packet. You fill
the packet out and send it back to see if you qualify for this settlement.
Well I got my whooping $2000 the other day. Did anyone notice the framework changed when Russ Consulting began to send out payments? I’m ready to file as lawsuit but it appears Bank of America must retain many lawyers in North Carolina (where I need to file) as I have been getting a lot of “sorry it would be a conflict of interest if we took your case”. Any suggestions?
My father just received a check for $2000.00 and we want to know if there still may be recourse to the lost of his house in Arizona. Does anyone have a idea about the law or what to pursue.
Thanks.
Thank you James. Waiting to be approved on Hamlet. I would love for you to give me an opinion on my case. My e-mail is mspie_2000@yahoo.com if you want to contact me and I can e-mail you my summons and answer. I can fill you in on any other details since then also. I really appreciate your help. Thank You. .
I am Pro Se by the way. You are correct I live in Miami, Florida.
“I have not made a mortgage payment since November 2008. The foreclosure was started in 2010. I answered it of course and in June 2012 we went to court and it was taken off the docket. Since then I have not heard from anyone about the foreclosure. The lawyer (Watson) who filed the complaint for BOA was disbarred for 3 months and his practice was shut down. I really don’t see how he can pursue it now. So my question is if I let it sit in the court until January 2014 and then ask it to be dismissed for lack of prosecution does my clock start back in 2008?”
I am not a lawyer but I DO have the answers to your questions if your case is in Florida which, by the mill you mentioned, I think it is. You must be very careful NOT to file any paperwork in the court record if hoping for a dismissal for lack of prosecution. Contact me, there is a right way, and a wrong way, the difference is not clearly explained but the outcomes are very different. Contact me through Foreclosure Hamlet or Foreclosure Warriors under JamesM or JamesX. I think I can clarify the procedure and SOL issues.
On May 26, 1816, in a letter to John Taylor, Thomas Jefferson stated “The system of banking we have both equally and ever re-probated I contemplate it as a blot left in all our constitutions, which, if not covered, will end in their destruction, which is already hit by the gamblers in corruption, and is sweeping away in its progress the fortunes and morals of our citizens. … And I sincerely believe, with you, that banking establishments are more dangerous than standing armies; and that the principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale.
It is amazing how prophetic this man was. He saw the banking industry, over 181 years ago, as a threat to our country. He knew, that if the banking industry went unchecked, it would become exactly what it has become; above the law, reckless and basically untouchable.
The government participates in this by bailing out these giants and most media, even though they are made aware of it, turn a blind eye, until it’s too big to ignore. Everyone had a quick fix with loan modifications, only to create another huge financial fiasco, that again, facilitated by acts of false promises and, at least in this writers eyes, theft by the banks.
These mammoth institutions pay astronomical legal fees to have the laws twisted in their favor. A comma can make all the difference in the world and is used to manipulate the law in their favor. Their representation spares no expense to drain the homeowners dry, spit them out and steal their homes. Their crimes are above reproach because they have the most money…if you run out of money in the legal game, or don’t have an attorney who is willing to go through this at a risk of no pay, they, as a fighting homeowner, are done.
Unless they are willing to spend countless hours, days, weeks, months and years, picking themselves up, every day, to continue the fight, they, too, will become another heap upon the sidewalks of our nation; homeless and doomed to be a renter for the rest of their lives. These institutions will have full control over all the property and by the time their grandchildren are old enough to “buy” a house, there will be no buying…they will just be paying rent to the banks. Oh, that’s right, they’ve been doing that for years anyhow.
If victims of mortgage fraud, allow their fears to rule them; if they allow the fears of others to direct them, then we will never win this war against the banks. This is a call to action, not an “I’ll sit here and see who comes to help,” situation. If you are not willing to fight for your rights as a citizen in this country and stand up for what is right and just, the banks will win.
I know as well as anyone in this country what it is to go against these institutions…and I could give you all kinds of advice; however, what you need, most of all, is to overcome your fears. You need to wake up each and every morning, more convinced than the next, that one way or another you are going to stand up for your rights as a citizen in the country; and if they keep beating you down, you just keep getting up.
I used to walk away from things when I was younger out of fear; let someone else deal with it, was my motto. That is no way to deal with life and it is definitely not how to deal with those that have harmed your life. This is not something that can be done alone. All victims need to stand together and ensure that our grandchildren will have a chance at experiencing what it means to be a true American; owning homes and living the American dream.
From another post prev made that supports post to kb
“…The robosiging scandal was merely the tip of the iceberg of mortgage and foreclosure problems that resulted from the failure to adhere to the requirements of well-settled state real estate law. The banks maintained that there was nothing wrong with mortgage ownership or with the records. All they had were occasional errors and some unfortunate corners-cutting with affidavits. If they merely re-executed all those robosigned documents, all would be well.
Wells Fargo’s own actions say the reverse. It has been doctoring documents in house for over fifteen months for borrowers who are targeted for foreclosure. It was having this sort of work done outside the bank for an unknown period of time prior to that.”
I have some ‘hypothetical’ questions – particularly for those possessing knowledge of Florida real property law.
It’s 2002. Let’s say — hypothetically — one purchased a home for $200,000. One takes out a smaller loan for property repairs, totaling $50,000. The purchaser decides to refinance the two loans into one, and now has one mortgage totaling $250,000.
Fast forward to present day. The borrower stopped making payments. It is discovered that the original release of mortgage for the initial $200,000 home purchase was signed by Linda Green. How would that document support the borrower’s defense? Is that release of mortgage considered a fraudulent document? Is the mortgage that was signed during the refinance considered void if the borrower was unaware that (s)he was technically on the hook for the original $200,000 purchase, as the original mortgage was never officially satisfied? Keep in mind that the refinanced loan is dated BEFORE the release of the original mortgage. Does that mean the borrower is technically on the hook for both the refinanced loan AND the original loan?
You have no defense based on a mortgage discharge. It did not cause you any injury. Only the note holder has an actionable claim to a wrongful discharge of a mortgage.
FYI, a satisfied note discharges the mortgage by operation of law, whether it is recorded or not. Your refinance loan documents would be used against you if you plead that issue.
Good hypothetical that people can people can learn from. I would agree with Tim but it raises many questions besides the mortgage discharge issue. From robosigning to settlements there can be some good lessons here.
Neil Garfield made a post about following the money. So hypothetically speaking the Green document should be the starting point. If it was just a “mistake” as the settlements have tried to frame every case then they could go back and fix the documents. Otherwise, it needs to be confirmed beyond the release whether a transaction took place. From the settlements, language such as competent and reliable evidence can be used. Here is where the borrower may want to request the paid off promissory note of refinanced loan if not previously delivered.
If it cannot be produced and previous lender cannot confirm payment then the hypothetical borrower may be able to claim that there is a danger of “double jeopardy”. Courts, lawyers have been saying it’s too far fetched but seems to be changing.
The other issue would be whether the servicer and/or lender received any compensation from third party and whether payments were applied correctly. Here you could request payment history and from Nye Lavalle’s report I believe he suggests that borrower’s need to see the custodian’s accounting and not simply the servicer’s payment history.
So the Linda Green document has to be a starting point as to whether the servicer/lender/investor can be questioned as to their standing not simply because of the “bad” document but whether any of their information is reliable which is the real benefit of the settlements rather than the measly payoffs. What Garfield/LaValle are suggesting is that the parties or the debt should not even be acknowledged not simply because of bad documents but whether actual transactions have taken place and who has received any funds per the Note/Deed/Mortgage UNLESS there is a proper chain of title and accounting and the parties are legitimate. The bigger question is not if Linda Green was a good signature but whether who she represented is legitimate.
LaValle is suggesting that we need a compromise solution outside the courts at this point from all parties for the sake of the country. The independent audit is a joke if that was the intent but may allow us to react and show the real damage Wall St has caused and push our “leaders” for a real compromise solution where we are equal partners and not treated as second class citizens. I don’t agree w/ LaValle completely but is the right direction IMO.
Again, just hypothetically speaking from recent articles etc.
I would believe that it would be considered Misprision of Felony. They could also be sued personally for Color of Law violations. (Yes, federal agents CAN be sued personally when they create a tort outside of their constitutional authority) It is called a Bivens action, named after the precedent setting case, Bivens v. Six Unknown Named Agents, 403 US 388 (1971).
Everyone keeps reporting that the total mortgage victim count (yes victims) is 4.2 Million. On the payout matrix total number is 3.9? Have 300,000 of us died or been wiped out by computers and judges. There has been so much fraud why is there not a category that just simply states “Fraud”. ???
This is a position our Country has never been in. I always thought the US marshals
first allegiance was to the US CONSTITUTION and then to the judges.
So back to how you started this thread , if the marshals have knowledge of something
Illegal happening in the Court don’t they have authority to stop what is happening to
the citizens of this country in regard to their property rights
The US marshals removed me from my two properties with two void ab initio judgments
I found them very decent people, but not fortune tellers and aware of what was about to
happen in this his country.
In the intervening years and all the illegal nightmares be foisted on the people I am sure
they are well aware of how our country is being destroyed. Are they forced to stand idlely
by
Tim I like that 20 year prison stuff for the snakes that are living in my two condos with forged deeds.
is there anything besides a judges order that will get the US Marshalls to remove someone from Property that they are in with a forged deed?
“Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”
@ Shery Sutter – Personally, I love the idea of your petition but also don’t want to sign up with an account with a .gov site. The gov’t is already too much in my pocket and since this site is monitored by them, it’s a ‘no thank you’ to signing!
Done! We have to get public opinion and hold the President, elected officials from both parties accountable if we have the courts, media and everyone else against us.
Great context that counters the attacks by banks accusing us of being deadbeats etc.
Thank you so much. Please pass this on to all the you know that have been affected…if the media are too afraid, we need the power of social media to do it for them.
hammertime
April 27, 2013 at 4:05 PM
I’m working on some ideas, hopefully I can be in touch thru your blog.
After listening to the Pro Se v. Attorney arguments, I would like to inject another avenue for homeowners. Many law schools, such as Harvard, have legal aid services for those who cannot afford an attorney. http://www.harvardlegalaid.org/projects/foreclosure-task-force
Chances are that you do not owe taxes to the town. The servicers usually have to advance them themselves to protect the interests of the investor. Go to your town hall and get a printout of your property tax history.
Tim, the other day you stated that in securitization there is no “Lender” and no “_____. “I forgot a couldn’t that comment again. Could you tell me what the other part ? Thanks.
Karen, if it is a securitized trust, you can also attempt to make them show the UCC financing statement for the assets of the trust. They never file these, since the trusts do not receive the financial assets which create the corpus. The original lenders hold onto the assets until foreclosure. They are not sold, they are pledged.
Karen, Wells Fargo’s employee can not testify to an endorsement on a negotiable instrument, which they did not make. It is hearsay. The only person who can testify is the indorser, not the indorsee.
ok , my husband brought up a point that I have not seen addressed , not that I want to lose my home but it looks like from views this is inevitable , so now following sale of house by the bank , if the back taxes are applied and way into a figure that we could not possibly afford what takes place will we then be placed in Federal Prison for not paying taxes on a home that is no longer ours and will have to pay for. As if i am not overwhelmed and depressed enough as it is
This is not legal advice. I have been told of people vacating their homes because the banks foreclosed on them. The homes remained vacant and banks did not change the title, thus, years later the foreclosed on and now former owners were presented with bills for unpaid HOA fess, taxes and home insurance. I am just passing on what I have heard. Look up a not for profit housing counselor group or not for profit foreclosure assistance group be it private or public and ask for assistance in how to protect yourself. You should probably get professional legal assistance and these agencies can point you in the right direction. No need for alarm, just make sure you check it out and cover yourselves.
Have you looked at a Chapter 13 filing? That usually puts the brakes on most creditor actions (including tax debt), and will designate a portion of wages (after living expenses) to pay these vultures. And then if conditions change you can always dismiss the Chp 13.
ForThePeople, I appreciate the kind words. Even though I’ve managed to keep my home away from the TBTF Banksters I know this fight isn’t over, not for me and not for the rest of us. If I sit idly by and watch just one of my neighbors lose their home it affects us all and I’m afraid that those who have yet to be personally touched by this crisis don’t understand how it has or eventually will effect them as well.
I feel so helpless at times when I read these posts and I especially feel frustrated at the injustices being dished out to those of you in Florida.
I wish you all the luck with your second lawyer and your rocket docket courts down there in Florida, Colorado is second only to your state in the disgraceful legislation that has been passed in aide of the Banks and lending institutions.
In Colorado non-judicial foreclosure is accomplished through a Rule 120 hearing where the other party (the Bank, MERS, whoever) comes in and tells the Judge that you are in default, the Judge then asks you when was the last time you made a payment and when you answer truthfully he then grants the order authorizing sale and shortly thereafter your house is sold on the courthouse steps.
Even though the Colorado Supreme Court and the Federal Court of Appeals for the 10th District have clearly stated that Due Process should not suffer in application during a Rule 120 hearing there have been no changes in the procedure.
At my last Rule 120 hearing the petitioning party failed to respond to my written objections and affirmative defenses and during the 45 minutes it took to hold this hearing the Judge ruled that the Note presented by the banks attorney was lacking several signatures requisite to the bank being the legally recognized holder of the note. Despite this the Judge granted the order authorizing sale. I forgot to mention one little thing, neither the Bank nor its Attorneys bothered to show up for the hearing that they themselves petitioned for but the Judge had no problem advocating on their behalf for 45 minutes. Rule 120 hearings are not considered to be a final judgement therefore they are not appealable either.
Believe me, I know what you mean when you say it doesn’t matter, first hand. However, the end result for me is that I now own my house without a note or deed of trust attached, not because I discovered some hidden secret or that I polished my legal skills to a razors edge (you couldn’t cut yourself on my legal skills if you tried), my good fortune came about because I never gave up and I threw up roadblocks against everything the banks threw at me and the dumb bastards forgot to keep an eye on the clock and the staute of limitations ran out on my note 4 months ago. I’m not in disagreement with you ldynps, with or without help of an attorney people need to educate themselves becasue the courtroom can be a really intimidating experiance. So I will say no more about this subject, at least for today.
Go to any courtroom in any county in any State and watch for your self…lawyer or not, the banks are stealing our homes and the courts are allowing it!! Our homes are in jeopardy and people are foolish to believe in the system that has been bought and sold by Wall Steet…the fight is for our very existance and no lawyer can beat their greed…TOO BIG TO FAIL is all around us, fight and save your money…you’re going to need it!
It just doesn’t matter…The Courts are not ruling on law!! That’s the issue…pro se or lyin laywers…the rules are not being protected…it’s criminal not civil!
Well, ldynps. Make sure you’re the first person to console the person who loses their case Pro Se. I am telling people Pro Se is a bad move and I am NOT an attorney. What are you gonna tell someone who loses their case on the basis of a procedural mistake or detail because they don’t have ANY legal experience? Plz, I’m all for learning and fighting as long as you can,
but to put something you’ve work a lifetime for in jeopardy really is just foolish.
So if you can’t get a lawyer you just walk away…let the big pocket banks win with no fight??? That, IMHO would be foolish. The information needed is out there and can be accessed quite easily albeit time consumming for those of us not trained or educated in the legal field.
If you decide to take on the challenge either to defend or go on the offense as a pro se, you can ask the court to take judicial notice that you are a pro se litigant. The Juidicial Notice also requests the court to not hold you to the highest standards as attorneys. You can find example notices anywhere just by a general search. There are numerous examples out there. This does not mean that you can get a free pass to just slap something together, not worry about the rules of procedure and expect a court to not throw you out. It takes lots of time, lots of tears of frustration, and pushing your brain cells to find, read, comprehend and use the information. It is NOT an easy task. The banks will stop at nothing and stoop to levels so low, if a sport, they would be thrown out of the game. If you are really trying and the court recognizes that, it may, I say, may, give you a chance to allow you your due process. To not be allowed due process based on the inability to have legal counsel, no matter the reason, is unconstitutional. The very worst that could happen is you lose. On the other hand you could partially win by forcing a somewhat meaningful settlement or getting a real and true modification that you can afford if that is what you want or can live with. If you just walk away because you don’t have legal experience or an attorney..you will, for sure, get nothing and may end up still owing the thieves money.That is foolish. Don’t worry about setting bad law or bad legal precedents….in this arena it won’t make no difference no how no way.
I am not a lawyer and I am not giving legal advice. I just don’t want those out there to be discouraged from standing up to these banking cartels and making sure you get your day in court. The more we walk away and give up the more we are telling the courts, our government and the banking cartel that we will allow our due process to be taken away. That will be the end folks when we are not allowed due process.
THis is an article I posted on the examiner about MERS. Let me know your thoughts.
MERS (Mortgage Electronic Registration Systems), the ubiquitous foreclosure management agent to the banks, is the legal will behind almost every foreclosure action in the nation, operating under the cover of an obscure and highly criticized business model.
MERS was introduced to the mortgage industry as a solution to electronically track the nation’s home loans in replacement for traditional land records. But its capacity in tracking loans quickly morphed making the giant a vested entity in the mortgages it helped to originate and in the nation’s foreclosure process it promised to streamline.
MERS plays a changing role in the foreclosure process, making conflicting appearances on the foreclosure scene as both the agent to the foreclosing bank and as a defendant. In a large number of foreclosure actions, homeowners are baffled to see the mortgagee giant named in the foreclosure action as their co-defendant.
But MERS’ appearance as a defendant can ultimately have an undesired effect of aiding the homeowner. This peculiar alignment can potentially change the dynamics of how foreclosure lawsuits are challenged, since MERS, [as mortgagee], can be compelled to defend the mortgagor-mortgagee covenant which it is in fact a party to with the homeowner.
A defense by MERS of the mortgagor-mortgagee covenant adds up to a legal defense for the homeowner until that covenant is dissolved by the court. Furthermore, and perhaps most confounding is that its assumption of the position of defendant can result in MERS being pitted against itself, since MERS is nominated by the bank to effectuate the foreclosure.
MERS can also alter its corporate anatomy to bypass critical laws requiring high ranking banking officers to acknowledge new mortgage assignments. MERS has reputedly assigned the role of Vice President to arbitrary members of its corporate body for a nominal fee of $25 in order to expedite the growing number of foreclosures it processes for fees.
The MERS model of doing business fueled a national opposition which charges MERS with widespread fraud, such a robo-signing by its fictitious VP’s which wrongfully document the transfer of hundreds of thousands of home loans within MERS’ proprietary distribution list of investors.
The allegations of fraud culminated in [some] weakening of the MERS infrastructure and an $8.5 billion dollar national settlement with the federal government and 14 of the largest banks by assets. Foreclosures in many states did decrease, partly due to the increase in homeowner friendly foreclosure rules arising from the MERS controversy.
The MERS business model, which splits and dices home loans before pouring the mix into a complex asset pot known as a securitization pool, remains in large part a mystery to a wide number of state and local courts which preside over the fate of millions of homeowners in foreclosure.
The obscurity of the MERS business model becomes most evident when it’s challenged by the homeowner. Such obscurity enables MERS to deceitfully make itself a defendant and camouflage a highly leveraged position against the homeowner.
I am not going to argue on this pro se issue any further…I never said to be an un-prepared pro se litigent..I believe one will be prepared by following some of the cases on this wonderful website…Lawyers are loosing the houses just as much as pro se litigents, and thats the truth…It doesn’t matter if the banks used forged documents, the Courts are ruling in their favor NO MATTER WHAT! I suggest to be prepared to prove your Complaint because no one knows your case better than YOU! Few…very few…homeowners are winning their cases represented by Lawyers after paying them thousands upon thousands of dollars. The laws are not being obided so fight yourself and save your money! I’m done posting where Attorney’s may be responding!
Believe me, I have no faith in most of the Lawyers in my area. I was just saying DO NOT GO AT IT ALONE, thegrey55 is right when you go Pro Se the system is already slanted against you. If you have a lawyer the system is slanted against you for that matter. However, with a lawyer driving the car and you guiding it, you got a better chance to reach your destination. That is why KNOWING YOUR CASE, THE RULES OF CIVIL PRODECURE, THE LAWS AND PRECEDENTS PERTAINING TO YOUR CASE BETTER THAN YOUR LAWYER Y IS IMPORTANT. IT WILL BETTER YOUR ODDS. GOD BLESS AND KEEP FIGHTING.
I’m sorry, but advising an uneducated homeowner to go it alone and file a complaint is just what the MERS and the Banks want you to do. The majority of the cases that get appealed to a higher court are those that are represented by pro-se litigants. You know why, because MERS and the Banks know they have a better chance of winning those appeals and then what we get are bad decisions becoming precident by virtue of default. I have no problem with pro-se cases, I’m working on my second major filing as we speak but I lost my first one due to my own ignorance.
Believe me, I have no faith in the attorney pool as it now stands but I believe without doubt that an unprepared pro-se litigant will destroy any chance he might have and possibly aide the enemy by getting bad judicial decisions into the books as bad precident.
Those who perished in Donner Pass long ago took a guide who knew less than they did and those who walked out of that mess were better prepared than their fellow travelers so unless you want to end up as meat on the table prepare yourself for the task at hand…..
ALL I have to say is that IT DOESN’T MATTER…pro se or lawyer…the courts are not protecting the rights of we homeowners under attack by the banks Lawyers! Banks and Lawyers are making so much money by stealing our houses, they will not stop! There are/were 63 million loans that were put into the MERS system and those 63 million loans will take some 12-15 years to go through. There are no legal assignments, no notes and no laws are protecting us from this criminal activity. To tell people on this site that you really need a Lawyer is hogwash…the Lawyers are just taking money to pay their own mortgages off!! If laws are not being followed by the Courts, the Lawyers fail because the laws are not protecting us…That is why I urge people to file their own lawsuits against the banks…the lawyers are loosing our cases but they get what little money we have left! This site has all the information needed to fight this battle so just take a deep breath and file your own Complaint citing the fraud the banks are guilty of. You have more knowledge that any Attorney because it’s effecting YOU!
Must be some Atorney’s telling people how stupid it is to fight pro se…they want your money and stupid is as stupid does! Fight the fight!!
Fighting in Ohio, has got it right, you must know your case and the law that applies to it better than your lawyer. The old days of retaining an attorney and going about your business are gone. You will have to push and prod your counsel every inch of the way but don’t rely on internet mumbo-jumbo to make your arguments or you’ll find yourself without an attorney. Base your arguments on the precident of the higher courts in your state of federal district. Personally, I prefer to keep my actions in the state court, these banks seem to have the upper hand in the federal courts. If you wish to avoid having the banks or whoever it is move your case to the federal courts (diversity) then you will need to make sure you have at least one defendant/respondent who resides in your state or who has their business incorporated in your state.
As always: This is not legal advice and I am not an attorney.
You are so right about finding an educated and experienced attorney. Even then they may not be right for your case. I am on my second one and much involved in my 4 yr old case. If anyone is in foreclosure in FL now they better have a fighting attorney or all you will get is a recommendation for a mod. Pay one payment and that 5 yr SOL restarts.
The Grey55 your posts are both informative and inspiring. So nice to hear that you survived and maintained your home. I know how hard you must have fought day in and day out. Thanks for still hanging around and please keep posting.
This is not in reference to foreclosure, but about 15 years ago I dealt with a low level judge in Michigan regarding a child custody/support issue who refused to follow Federal law and decided just to make up the rules the way he wanted to. I, fortunately, had a fearless lawyer who filed a suit against him Federal court for doing this. Yep, you can sue a judge for not doing his job! You would not believe HOW quickly he changed his mind. It take just finding the right, fearless lawyer who wants to see injustices rooted out and addressed as opposed to wanting to avoid stepping on toes. It’s a huge fight, but can be done. I personally think a lot of these judges who signed off on these bogus foreclosures should be sitting in the pokey themselves.
Anytime the Banks bring in one of their so-called expert witnesses you must challenge the testimony as being unqualified hearsay, unsupported by any admissable evidence before the court. Just because someone brings a handful of computer generated documents into court with them that doesn’t authenticate those documents and the parties relying on those documents have to prove the reliability of the system that generated them. Because of the fact that most of those coming into court claiming to be the holder of your note did not originate that note, the documents used to support their theory either came from someone elses system or they were fabricated after the fact. A Witness without personal knowledge of the facts to which they are testifying and who has not examined the original documents and cannot testify as to the reliability of the process used to produce those documnents is not qualified to give sworn testimony. Anyone claiming to be acting as an agent for another is required to produce an Agency Agreement (Power of Attorney) properly executed, this is statutory law in almost every jurisdiction I have come across and some paragraph found in a mortgage or deed of trust, lacking signatures and execution cannot be held up as a grant of agency powers to anyone. The courts know this, the banks know this, MERS knows this, yet we have witnessed one court after another let these usurpers waltz into court without one legitimate document in their posession and then waltz back out with your property. I don’t have the answers as to how we can stop this but I do know that if we ever quit fighting these injustices we will find ourselves in a nation of endentured slaves begging for a roof over our childrens heads and for the food we need to feed them…..
Do you believe in Black Holes, I do and it’s that 10 square miles of filth and destruction called D.C. and it’s sucking the life out of the rest of this country. A swirling mass of hope, life and liberty, education, housing, jobs, income and the American Dream being sucked away from the rest of the country to feed the needs of those who reside in that dark disgusting place. And, nothing comes out the other side. America needs to wake up before it’s to late, this is not the beginning but it will be the end is we can’t figure out a way to stop all of this madness.
I beleive you are 100% correct and maybe by the grace of God that black hole will open up and suck in all of the filth never to be seen or heard from again.
I purchased the complete Jurisditionary course study materials many years ago and while I found it to be an excellent introduction to the way things work in our judicial system it is not the holly grail. The messages and commentary today are the same ones that were used years ago and it fails to stay abreast of the times. It takes long hours of research and the ability to get your arguments in front of the court and the know how to bend the court to your will or actually the will of the precident as determined by the higher courts in your home state. Most of the lower court judges aren’t afraid of having their rediculous rullings overturned because pro-se petitioners often fail to make the necessary objections and proof of claims arguments needed for appeal. We are losing ground every day in the fight for the Rule of Law and finding a qualified attorney to represent you or even one who isn’t qualified is akin to trying to walk on water. If you must proceed pro-se don’t go at it half assed because you will lose.
I AGREE! If you want to fight a battle with the Bank you will need someone with some knowledge of the rules of law in your state. I have found talking to para legals and law students helps alot. Like thegrey55 just said finding a lawyer is hard. Finding a good lawyer is even harder. At least when it comes to fighting or suing the banks. Even when you do get a lawyer you GOT TO KNOW AND UNDERSTAND YOUR CASE BETTER THAN YOUR LAWYER. — USE EVERY RESOURCE YOU CAN.
@ Karen, Make sure the “Note” is legitimate first. I have been made to believe that all of the Note’s that have been filed in these fraudclosure cases Nation wide are all forgeries. First rub your fingers underneath your alleged signature on the Note. See if you can notice any bumps on the paper caused by you pressing down on it with a pen. Then wet your finger and see if you can smear your alleged signature on that Note. If the signature smears and you cannot feel any bumps on the back of the Note behind your alleged signature, then your liars have filed a forged document into the court case.
And if they are willing to forge a legal document in order to steal your house, they are probably willing to invent the story that they have been hired to represent the alleged Plaintiff in your case. Demand proof of claim from the liars that they have been delegated authority by the alleged Plaintiff to represent the alleged plaintiff in your case.
Until such proof is offered I, if I wear in your shoes and this is not legal advice, it is just info sharing, If I were in your shoes I would refer to the Plaintiff and Plaintiff’s Council for now on until you see proof otherwise as alleged Plaintiff and alleged Plaintiff’s Council. You swore to tell the truth and the truth is that you have never seen proof of claim the alleged Opposing Council has ever been authorized to represent the alleged Plaintiff. Until such proof is offered you have every right to think that the liars invented a client styled Plaintiff, etc. in order to steel your house.
I agree that all angles need reviewed for a possible lawsuit but fighting Pro Se without the proper resources does NOT help you. If you at all can get legal assistance I would suggest looking into it. Presenting your case no matter how strong in the wrong manner may only lose your case. If it’s your last resort to go Pro Se, so be it. We can stand in front of a Judge and argue that the transfer of our Mortgage into a securitized trust changes its fabric and may not be foreclosed upon and still have the Judge reply…Huh? If your not using case rulings as support so their decision is obvious you maybe setting yourself up for failure. It may not be brain surgery but it is detailed and procedural.
I have been using many on line sources for help. This being one of them. The one that I refer to the most is one called jurisdictionary. I think it is the best one out there so far. I highly recommend it.
Trust me, if you do a lot of research, you will know the financial transaction better than the foreclosing party. You will have the answers to defend against their obfuscations. In FD, like everything else, KNOWLEDGE IS POWER.
Read your state laws, UCC, securities law, contract law, and applicable federal law. But most importantly, READ YOUR NOTE !!! That is the document that controls every incident to foreclosure. No matter what the mortgage states, the only party that can enforce the note under default, is a party that meets the definition of “Lender” or “Noteholder” stated within it. (HINT: There is no “Lender” or “Note Holder” in securitization).
The most important legal theory to study is “functus officio”. It is a very little known, but very powerful legal doctrine.
@ Tim Bryant. I am trying to get the Illegal Foreclosure and Sale of my home made as public as possible. Can you help me? Could I send the document I created on this Illegal Foreclosure to you for review and input? Thanks in advance for any assistance you might provide.
It’s a mixed bag as to whether you can “win”. Generally we need to keep fighting as best we can and keep in mind the Vietnam vet’s post a few days earlier and do so with dignity.
On the other hand there may be a way to work together as was being discussed a few days ago and be a middle ground between filing a lawsuit and going it alone and/or a class action. I’m thinking of the RESPA section that allows for group complaints when qualified written requests aren’t answered. If we can file these en masse and publicize them along with current scandal with settlements that is being compared to the robosigning scandal itself we may be able to generate the resources and public support we need. I’m still struggling to get functional but hopefully I’ll follow up w/ those that have left email or we can review further.
Most cases that are lost, happen because of “Triple P” (Piss Poor Pleading). It also occurs because pro se, and most FD attorneys, do not understand the entirety of the financial transaction they are involved with. They use the same boilerplate arguments over and over again.
For example, many securitized trusts do not even continue to exist. Monoline insurance, Government bailouts, and Credit Default Swaps have settled the entire account. These trustee and servicers are trying to collect on a fictitious obligation, by using the photocopied mortgage documents that were once contained in the loan level collateral files.
Also, concerning MERS, they have never been granted any authority to contract with borrowers, hold a lien on the property, have ANY interest in ANY mortgaged property, or have the authority to assert any such rights. In fact, they do not even secure the Lender stated in your documents. They use the “legal title” as collateral for their own line of credit with NationsBank (now Bank of America).
Correct! You have to know your case and know it better than your lawyer. STUDY LIKE YOU WAS IN SCHOOL AGAIN! Know that EVERY CASE IS DIFFERENT. TAKE YOUR TIME AND KNOW THE ANSWER TO YOUR QUESTIONS BEFORE YOU PRESENT THEM IN COURT. LIKE I SAID BEFORE KEEP FIGHTING THO … GOD BLESS
I for one do not encourage anyone to take these cases on Pro Se. In PA you are first put into a Foreclosure Resolution Program. While many bring counsel to all these hearings, many just come by themselves. The initial one was very informal and more of a discovery of who the parties are and the current situation at hand. I continue to be amazed at when someone asks a legitimate question as to who may or may not be the correct party or even the legality of paperwork filed, you get dismissed with no reply. If a homeowner was to file paperwork claiming their property was falsely paid in full and sign as a VP of their Mortgage company, I would hope they would be handcuffed upon discovery or admission in court. It’s takes less then 5 mins to handle these accounts properly and legally. A mass 4.2 million ck run for foreclosures filed between 2009 and 2010 just shows the magnitude of what they are trying desperately to sweep under the rug. Find a good attorney who’s familiar with these issues and continue to do your best to get your issues resolved.
The “other” old saying was that there is justice with the Courts! That is no longer true, there is no Justice so one must fight themselves. This website has all the help one could use, just take a deep breath and file a lawsuit…this is not brain surgery, it’s one homeowner against a bank that doesn’t own it. The lawyers are benefiting more than anyone says so all I am saying is fight it yourself…lawyers would have you believe you NEED them…well, they need to make their own mortgage payments and people that put their faith and trust and money on them, loose anyway because the banks are stealing our homes and the banks are allowing it to happen…Can’t dispute that fact!!!
Mark,
You are absolutly correct…The Lyin Lawyers don’t want to ruin their relationships with the various Courts and Judges they have nurthered for years! There is NO justice with Lawyers so people who finally “get that” after spending what little money they had, MUST file their own Complaints against whatever lyin banks are anywhere on any documents…and don’t forget to add MERS to any Complaint..Fight the banks on your own…nobody cares more than YOU about YOU! File Motion afetr Motion and make the banks respond…and when they don’t, because they have SOOOO many lawsuits against them, file for dismissal with prejudice…demand the bank return the record to your name, FREE & Clear because the bank cannot prove they own your note! Fight…fight…fight…don’t play their game, file your own lawsuit and force them to play in YOUR GAME cause that’s all this is!
Good Luck to all of us!
@ ldynps
YOU SOUND LIKE A BANK OpPERATIVE!! DO NOT LISTEN TO THAT CRAP!! The old saying goes,” he who has himself for a lawyer, has a fool for a lawyer. Do not go at a lawsuit alone! First ARM YOURSELF WITH KNOWLEDGE, EVERYTHING IS RIGHT ONLINE IF YOU LOOK HARD ENOUGH. GOOGLE SCHOLLAR!! SECOND, YOU FIND A PARA LEGAL, LAW STUDENT, OR OR SOMBODY WITH SOME KNOWLEDGE TO HELP YOU IF YOU CAN’T GET A LAWYER. BUT NEVER STOP FIGHTING AND FIGHT WITH SOME SUPPORT. PERIOD
I got a $300 check yesterday (should have been much much bigger since they foreclosed while I was under bankruptcy protection) but there is no appeal process. From what I understand another wave will go out this Friday and next Friday and after that they will trickle out until mid-July.
On the plus side, the National Mortgage Settlement site was updated yesterday and states checks will be mailed out in 4 to 8 weeks. Those are to be for $840 or more.
I also think these class actions are far from over so people need to keep on top of this. I would not be surprised if litigation doesn’t come out regarding how this Independent Review was handled.
This is going to be everyone’s common ground….nobody cares. People argue, hey you were late paying or didn’t pay, you deserve thousands of dollars in fees and foreclosure. I’ve had the PA foreclosure resolution department actually kick us out of the program because we refused to just randomly pay a figure with no detail or supporting standing documents; and I was the only one in hundreds of cases who was there to actually pay! I’ve filed Motions that require a hearing to argue a Plaintiffs Motion that gets entered without such a hearing (althou required). When I go to the Motion court during break to ask a status I’m screamed out of the courtroom by a clerk claiming “You cant play lawyer”. Yes, other lawyers do not want to take this bs on, they have to deal with these opposing counsels and judges daily and it’s not worth there time or career to make enemies for us.
I have a question about these so called checks,so far they have released the 2nd wave of checks,so how many waves are there? & has ANYONE received the max ,amount? & is there more of an explanation of harm if checks are bigger?
I filed complaints with everyone, but this is Texas, so nothing happened. I tried several attorneys, to try to go after him, but it would cost a fortune, with probably no gain. No lawyer cares about going after another lawyer.
I don’t think people realize how long this massively corrupt and errror-ridden mortgage system has been in place. It started long before the housing collapse.
It’s sad to read stories of a continuous parade of desperate people with the same sad ideas (like class action, and thinking that government agencies give a crap about what is happening to you).
If you manage to file a lawsuit, a lot of what happens to you while fighting this will depend on your state. If you are from a more consumer-oriented state, your chances are better. If you’re from a redneck state where the gov’ment and corporations are the same pocket…not good.
I have a foreclosure trail coming up and my stand is lack of standing. The original note and mortgage is attached to the complaint and listed as Option One and NOT the Plaintiff Wells Fargo Trust. I was told that the Plaintiff will bring in a Wells Fargo employee who will say they had the Note prior to filling the complaint. QUESTION: How do I disprove their claim or what else can I use to win this case?
There are are lots of questions coming up about “indorsements” as the note is passed from one holder to the next and whether there is standing in the context of these Trusts violating the PSA agreements that govern them. Take a look at this thread, and try your best to get some legal assistance.
One sure way to help this economy is to force this industry to mark to market all properties. Think of all the capital that will unleash from homeowners who are now able to focus on their lives and work. Still looking into class actions, more later.
Pull this case up on your computer. IT IS WRITTEN BY A PRO SE LITAGENT BUT MAY GIVE YOU SOME CASES AND INFO THATCOULDBEHELPFUL TO YOU.
PDF]
MEMORANDUM ON PRO SE – Freedom Schoolwww.freedom-school.com/699540/memo-on-pro-se.pdfYou +1’d this publicly. Undo
File Format: PDF/Adobe Acrobat
Attorneys do not exist under the Constitution for the united States of America and … presumed license from the state legislators and [an alleged] Bar association on the … The term “pro se [litigant]” is SUBTERFUGE [something designed to deceive] used by … substance of a pro se motion’s claim and its underlying legal basis.
Is anyone here familiar with the law that states “Substnce not form” is what matters when dealing with pro se litigants? If so, would you please post it here? Thank you.
I completely understand what you’ve been through and are still going through, my fight started in October of 2006. I’m afraid that every time the bank convinced you guys to make a few payments to put off the foreclosure process they also got you to reset the clock on the statute of limitation in their favor by doing so. I say don’t give up but it’s obvious from your story that quitting is the last thing on your mind.
Good luck and I really hope something goes your way, this is wrong on so many levels that I wake up some days wondering what country I’m in.
Angela, What state do you live in, I find it hard to believe that after 8 years the statute of limitations has not run out on your lenders ability to enforce the note. Foreclosure does not qualify as enforcement of lemnders rights in the note unless it is done judicially. In order to render a SOL moot the qualified party must enforce its interest judicially within the time allowed by law. I’m curious if your attorney has discussed this angle with you.
I own my home because the statute of limitations ran out on my pretender lender last year: Note is unenforceable and the Deed of Trust is extinguished, end of story…..
The problem is they have foreclosed on us 3 different times..we have been fighting this when nobody else was fighting. Every time they convinced us to pay them a little money & they would stop foreclosure. Every time we would go to lawyers & try to make someone listen, every time we were basically called deadbeats and we should suck it up and pay the 1800-2400 a month payments, because after all we signed on the dotted line. I guess you could say third time is the charm because we were able to get a lawyer to fight for us finally. Even though the judge ruled in their favor it took him awhile to do that and he let them win on some technicality, (our lawyer was late!) I think judge was just tired of me bringing in stacks of papers and laying them on his desk! No judge wants to take the time to read all that….sad but true!
thegrey55 so let me ask you something. I have not made a mortgage payment since November 2008. The foreclosure was started in 2010. I answered it of course and in June 2012 we went to court and it was taken off the docket. Since then I have not heard from anyone about the foreclosure. The lawyer (Watson) who filed the complaint for BOA was disbarred for 3 months and his practice was shut down. I really don’t see how he can pursue it now. So my question is if I let it sit in the court until January 2014 and then ask it to be dismissed for lack of prosecution does my clock start back in 2008? In Florida it is a five year statue of limitation. Can I then file a claim for Quiet title?
There is also the fact that these cases are still ongoing and the so called “harm” is changing daily. Facing a sheriff sale date of May 6th, what is a 300$ ck going to do? Rust and the OCC don’t want to hear any current information, they suggest calling the servicer. Plz, you think the servicer is willing to help after all this time, fight and forgery?
We need to make copies of those measly checks and send them to the OCC’s Curry, to our Senators and to Warren, Brown, Menendez, Johnson, and to two-faced Obama, with the following Title: Insufficient Compensation. Re-review and re-compensate.
There is absolutely no way the government can justify how the determinations of harm were performed in regards to the X-IFR payments that people began receiving this week. Not unless they admit that they used darts and a board with our names on it.
The IFR involved hundreds and hundreds of people spread out at different locations and in a years time they were only capable of reviewing something like 127,000 of the half million requested reviews before the OCC and the FED shut the operation down. After that, the Regulators would have us believe that they then gathered close to 4 million homeowners mortgage records (records that even the banks couldn’t produce under court orders in most cases)and then conducted a review for harm of each and ever one of those 4 million before issuing checks at the end of last week.
That means that a government regulatory agency performed all these tasks in 95 days with less than 1% of the work force available the year before and came to an equitable determination of harm for 4 million homeowner in a situation that they have not been capable of bringing under control since it began almost seven years ago. My ass………….. So don’t expect any explanations, believable explanations from anyone in government.
Even if you receive a check, you retain all your right to pursue an action against the Lender. No party, including the government, can interfere with a private contract unless it is done through the courts.
Rich, according to the payment matrix put out by the OCC there are only 5 catagories that pay out $3,000 and all of them are in the matrix for those who did not apply for the IFR before it was cancelled. I know that 99.99% of all the payments being issued don’t even fit in with the type and cost of the harm committed by the banks upon all of us but you can go to the OCC’s website and get a copy of the matrix and from there get some idea of what they thought they were paying you for. You’ll know better than anyone else which of the five catagories you fell in or how many of the catagories. Thought this might help a bit. Personally, my check was about $34K short using the governments matrix, I guess the Banks can commit the same crime numerous times and still only have to pay us once because the act I was payed for was committed 3 times by the same bank.
Your right Hammer, I said six years. The statute here in Colorado is in regards to promissory notes and it is not exclusive to just home loans. Most states have these type of SOL statutes. The one advantage to this type of affirmative defense to foreclosure is that the law is pretty much cut and dried. If “A” took place on a certain date the SOL begins to run and after the time allowed by law “B” expires the Note is no longer enforceable “C”. And, as much as alot of these judges seem willing to look the other way where the TBTF Banks are concerned, they can’t ignore the dictates of a staute of limitations where A + B= C. The courts are without jurisdiction over the controversy because it no longer exists by law.
This morning I called the judge that finally ruled in favor of HSBC.
I informed him that we had received a $2000 check & in light of that
Would he review our case? Our house is due to be sold next wed at sherrif sale
He said to have my lawyer request to vacate the sell & he would take
A second look. I’m not ready to give up hope yet! Been fighting for 8 years!
Can anyone advise the proper channel to go through to request an explanation for WHY I received a $3000 check due to Foreclosure Review, i.e,. who did what wrong? Where can I go to demand an answer? Thanks for any help.
I am wondering the same thing…. I only got 800 bucks. I was a deployed soldier and covered by the SCRA which means I should have got 125K like their little chart said. What ticked me off the most was that I wasn’t even notified that I was being foreclosed on and then when I tried to ask Wells Fargo about the settlement they told me to get a lawyer and sue them
Dee Dee
April 20, 2013 at 11:42 AM
Did you happen to sign up for 2 settlements? I understand that there were 2 going on. That may be it? I hope so in your case, I have WF too 🙁
If people are getting bounced around Consumer Financial Protection Bureau can be an option and copy not only federal but local officials as well is my thinking.
Vic Mask
April 20, 2013 at 7:53 PM
No, I didn’t sign up for 2 settlements but I did get myself a lawyer and hopefully when we get done theywill be naming a big ole building after me….. we can party there… LOL
Be advised, CFPB has summarily been dismissing complaints without ever investigating the complaint, or even following up with the complainant.
hammertime
April 23, 2013 at 5:02 PM
I’ve had that feeling about CFPB. Still, it’s a basis for setting a paper trail and making complaints for whoever’s in charge of agency and making our tax dollars accountable which is the language our “representatives” understand..
In judicial states this seems to be the case though it depends on the court. In CA where homeowner Bill of Rights has come into play there have been less foreclosures and there are some very signicant cases recently challenging the lender assumptions.
My concern is that my lawyer does not want to put too much effort into the case because he has told me he “had to do business” with the courts. Which means he is putting me on back burner. I am meeting with him today to put him in the hot seat and want him to either back out or start actively pursing my case. I am reading stuff on this message board about statues of limitations and just curious what that means.
Generally, not a lawyer, laws have different requirements as to when a claim can be made and damages or action such as foreclosure can be taken. Grey said it’s 6 yrs in CO from time of acceleration I recall. Creditors have a certain amoutn of time to collect as well.
After severaal years of hell, I did get a lawyer. I advocated for myself by putting in an incredible amount of work. My case was pretty clear, I had every receipt, so I thought it was a slam-dunk.
My attorney seemed to be getting very friendly with the other side, talking about a settlement. Well, he made friends allrighty!
The outcome:
1. He purposely missed an important discovery date and lost most of my claims. He lied about it to me and to the court.
2. We went to court. The judge scolded me for “starting a lawsuit I couldn’t finish”. The lawyer had told the court that the reason the discovery date was missed is because I ran out of money! A total LIE. It was on contingency from day one.
3. I had a few small claims that weren’t already lost. The mortgage company lawyers said that the COPIES of my receipts that the attorney showed the jury were forgeries. My originals were sitting on the table. He didn’t show them to my jury, and there was not one thing I could do about it. It was completely obvious he had already settled for HIMSELF ALONE.
Afterwards I told my attorney that I was going to sue him. He said I didn’t have enough money, that as an attorney he would keep me in court forever. He also told me if I tarnished his name he would “fix me”.
So don’t get too excited about a lawyer. The lady that just got her money was very lucky.
I do hope at the very least, that you filed a complaint with the Bar Association, the Supreme Court in your state concerning this ‘lawyer’. Wouldn’t hold my breathe on him being disciplined or disbarred…but at least there will be a record of your complaint filed on this person.
You “may” be able to get the judgement vacated based upon “inadequate representation”. If you have the retainer letter showing you were on a contingency, then you may have a leg to stand on. Unfortunately, you should consult an attorney (again).
My mother had her home ripped out from under her during a lengthy battle with cancer. It has been two plus years since she has died, and since she had nothing left there was no estate. Unbelievably a check for $3,000 arrived Monday made out in her name. My brother was the executor of her will, is there anything the family can do with this check or is this yet another way for the banks to get out of paying their settlement.
I am absolutely, heartbroken over my home. Bank of America stole my house. I cried for years, I still drive by once a month to look at it, and all we get for our pain/suffering is a few hundred dollars. I worked so hard for my house….. This is a JOKE! What most people don’t realize, is that , there is a statue of limitation on filing a lawsuit against the banks. I spoke with an attorney, this is exactly what the banks are banking on. The statue of limitation will run out for millions of homeowners, to file a lawsuit against the banks. Most homeowners, aren’t aware of this. So we are stuck with those lousy pitiful checks; for all our heartache, pain, suffering, and they still made billions of dollars. The attorneys are only after your retainer fees, and will do little else to help you. I will do the following, when I receive my check……
1. take a picture of my house and check
2. write a letter to my local senator
3. send copies of all documentation with letter to Senator
4. make a video and post it on You Tube — showing how Bank of America stole my house, and our credit files are still screwed. While the banks, just walk away with billions in profit
5. I can not purchase another house, because of the banks actions, and we still lose…..
A few class action suits could loosen up the purse strings. We can find attorneys that will take a smaller cut so that the bulk of the money will go to home owners. If there is interest post a reply expressing your interest and we can figure out how to collaborate.
Yes, I am interested. Haven’t gotten a check yet and filed a review last April. I don’t expect to get much, but BoA sold my house in a sheriff’s sale while we were in the process of a short sale, and I had not missed a single payment. I am sure I will be in the 300-500 range, given what others have posted.
I want to know what happens to the money that does not make it to people that were foreclosed on and have moved after the 90 days is up. Rust is only taking information if you need to change or update you contact information. What if people do not know about the so called review?
I almost threw up when I received a check for $500.00,for compensation, as a result of the federal governments investigation involving my unlawful and unethical foreclosure.In my opinion, BofA (Countrywide Realty) defrauded me out of my beautiful home of some 22 years. I hope they didn’t go broke giving me such an alarming amount of money. I can’t really say that it compensated me for the memories of raising my children in that home, and my memories of my beautiful mother and father, and other friends and family that would often come to visit, that have now passed on, or the memories of my dog Willis who would swim in the pool with me everyday and stand in the same special spot, so that I could hug him and dry him, or of my time with my wonderful wife, of 40 years, when she was not a paraplegic stricken with MS and now with a metal valve in her heart. Here’s the best part of it; Why are they allowed to further harm my credit and life by posting the unlawful foreclosure with the major credit bureaus? By doing that, it has kept me for the past five years, from buying a new home? If this continues to be allowed the housing market will never recover. My wife and I are both 100% handicapped senior citizens, we don’t have much time left. Give us a break. I’d like to pass away in my own house, rather than in some unkept rental junk house, wouldn’t you. Who do we contact to get our credit cleared of the foreclosure, or are they allowed to continue doing it to us and to you?My life is more stressful over this, than it ever has been, since I served this great countryof ours, in 1967, when I fought in the jungles of the Mekong Delta of South Vietnam.At least when my time comes, I will go knowing that Jesus Christ has prepared a home for me in Heaven, praise God.
Ok, this is so ridicules about the IDR. I suggest that when we all get out money we should put it into a pot and fight these bantereds one bank at a time. Every time a homeowner wins take 25% and put it back for another homeowner to fight. We can do this !! But if most of American’s are as greedy as the corporations this will not work. I for one would give back the money to use it to fight !! There are good lawyers out there! What the hell are we suppose to do with a thousand dollors………..my house is gone, and they stole it with fraud on the court…shame on us for excepting their token $$$$$$$.
I agree with you 100%…. I am absolutely, heartbroken over the theft of my house. I cried for years, I still drive by my house, once a month – with a heavy heart. The banks, made billions off of us, and we still have this on our credit files. They still have their mansions…..
Hey, wait a minute! I think that Rust Consuting has to tell us if we were financially injured or harmed, other wise the IRS could take this as Taxable income! The letter from Rust Consulting that came with the check states, “This payment does not mean that you necessariy suffered financial injury or harm”. I think this needs further clarification. I know they said they sent a check to everyone with foreclosures in 2009, 2010, (even if they may not have been financially injured or harmed). But, I was financialy injured and harmed and I woud like a statement from the issuer to that effect! I will not cash this check until I get further answers and I wil tell them that the IRS wants to know!
Good call. We have to remember this does not prevent us from taking legal action even though that’s been another brick wall. My idea was to go ahead and cash but add “under protest” memo. I was told that when employer added a confidentiality note to a severance check. Not legal advice but any lawyers or accountants out there can verify?
Jacqueline W.
April 19, 2013 at 9:52 AM
We hired a lawyer in 2010 the day after Wells Fargo foreclosed on us (unbeknownst to us). He got us a stay and we are still in our home, however, the case has seemed to just stall. I have a meeting with the lawyer again today — he just seems not to care. He told us in 2010 that it should take about 6 months for the case to be heard and when I contacted him back then he told me not to “poke the bear” (meaning the courts) because we were still in our house. We are ready to poke the bear. Can anyone recommend what questions I should be asking?
I think we all should begin to take ads out in the paper, on the radio, social media…and post the letters we get back with a copy of the $.02 checks right next to a picture of your stolen homes, your old invoice, and the MLS listing of you stolen property. Make sure the names of the liars and the law makers are shown. After seeing these names repeatedly, people will know there names and faces. It becomes hard being a thief in the spot light.
Checks arrived regular standard mail. No Discovery paperwork. There is a letter included with the check from “Rust Consuting, Inc.”. One sentence in the letter that I find confusing is “Regulators determined your payment amount based on the stage of your foreclosure process and other considerations related to your foreclosure. and “This payment does not mean that you necessarily suffered financial injury or harm”. I think this is called admit nothing and cover the bank’s A_ _ !
The catagory for the $2,000 checks is a “Denied Modification” for those who filed a request for review and didn’t lose their house to foreclosure.
7 years, 5 foreclosures, 3 denied modifications and I got my check today for $2,000. Not to mention that the party trying to take my house all these years was not the holder of the note and had committed fraud on at least 5 different occasions. I think I’m going to burn this check on YOUTUBE after I disclose all of the fraudulent paper work in my possession which includes approx. 35 fraudulent assignments of deed of trust and mortgages all submitted by one Bank. I’m over all this BS and the OCC and the FED can kiss me where the sun don’t often shine.
Hello,still fighting this nightmare,so my question is..is my lawyer not taking this as serious as me or does it just take yrs to see justice?I’ve proved no default due to us,100%lender,supplied all bankstatements showing,received & cashed but credit report shows 100%different,wrong loan paperwork,fraudulent EVERYTHING but still no court date?a few motions sent out & lenders answers further bury them,what am i NOT doing right?or am i just at my witts end with all this?i feel as if im tettering on the edge & dont know what step to take next without falling.
As seems to be the theme with audit it may be time to make your case public and involve local officials. As disappointing as this is as Gray is thinking of doing it may be the way to expose what is going on to the general public beyond us on the internet. I read a statistic that only 4% of distressed homeowners take the legal route.
Here is the way it plays out in Colorado. Once the lender or whoever it is invokes the right to accelerate the note and demands payment in full to satisfy the obligation this triggers the running of the clock. Lender then has 6 years to take action based on the obligation, at the end of that time if action has not been taken the note is no longer enforceable and the Deed of Trust or Mortgage is exstinguished. This leaves the homeowner with strongest title interest. Of course, this is not meant to be legal advise and you should check your states statutes for interpretation and application of the SOL.
I’m not through with these people yet, now it’s my turn to make their lives miserable and in order to do that I have to beat out a couple SOL that apply to the law suit I’m preparing. Gotta run this morning but I’ll be back on here later.
I just recieved a check today for $2000.00. I did file for the IFR. There are no details as to what infractions were violated, but I assume it was for denial of modification. (There are really only three catagories(Service Member Civil Relief Act “Federal Law Violation), (Bankruptcy “Federal Law Violation), and Mortgage Modification Denial, ( no federal law violation here). They chose to keep it neat and elete and politically correct by giving the few large payouts to only the very small percentage of foreclosures that already had legal presidence in the bankruptcy courts and the military who have proof of undeniable status. My outrageous frauduent mortgage stems from origination and the violation of numerous state laws and (federal laws other then the two listed). When I realized there was a serious problem with my mortgage (before a default had even taken place), I notified the FBI, my State Attorney General, my State Senator, (as all of the websites tell you to do when you suspect fraud or a preditory mortgage) and guess what, they all directed me to voice my concerns to the Office of the Comptroller of the Currency, because mine is a National Bank ! I thought that the OCC was to notify the DOJ when an obvious fraud was involved. I thought my mortgage was going to be audited for violations of state and federal laws, but instead I got a check for $2000.00 to help me with the expenses of hiring a moving van.
P.S. I called Rusk Consutants about the lack of information in the letter that came with the check (specificaly, the infractions by the bank and how and why they arrived at the amt. of $2000.00 and as usual, Rusk Consultants “knows nothing” and referred me to the OCC website, which informs me of nothing)!
Were you able to cash your check without a problem? Some people on the blogs are saying that they can’t cash their checks. I just wanted to know how true this was or is someone just trying to put a scare out there.
I contacted Rust as well when we received our $3,000 check with no explanation. They directed me to OCC who directed me to The Federal Reserve & my bank (of all people). When I protested, they told me to file a complaint. Then I called the FR who directed me to OCC & Rust than they also told me to file a complaint. Its nothing but finger pointing. I sat down and decided to write a letter to our local Senator, but I will be sending to all local news outlets too. We just do not know what to do!!!
Jillian M.
April 18, 2013 at 8:26 PM
Jacqueline,
Great idea, I will write my local Senator. I will send a copy of my check and documents, showing how Bank of America stole my house.
Shelly T
April 19, 2013 at 12:22 AM
And this is what they do! They could care less about your phone calls. That is why they have Rust Consulting directing you to the OCC and the Federal Reserve and then the Federal Reserve and the OCC directs you back to RUST Consulting. It’s to keep the Peons at bay! Unless they give you a written explanation that a financial harm was commited against you, (which they will not do) your $3000.00 is a taxabe income. Don’t be fooled by the 1099 that they said they will send in 2014 if needed. 1099 are used for many things, and when you get a 1099 from them, they still wil not admit harm done, so you will be charged with a taxable income. Demand to know from your Senator as to whether this IFR check is compensation of financial harm and if so, you want a confirmation letter from the IFR stating that it is, so that you can send it to the IRS.
I woud also ask them to state exactly what the harm was and how they arrived at the $3000.00 amount to justly compensate you for your financial injury when they never audited your paperwork.
If they don’t give you a statement of financial harm, then you haven’t been financialy compensated.
Thanks for the info Rebecca, first check received I’ve heard about so far. I started to say that I’m one of the fortunate ones in all of this foreclosure crap because after 7 years and 5 foreclosures I still have my house and the property it sits on but fortunate isn’t the right word for what I’ve been through at the hands of thieves. Anyhow, good luck with your fight, that’s just how mine went year after year until the statute of limitations ran out on BAC and MERS….
We should compare responses. I just got through 5 years and still in property. I had BAC on MERS records from previous loans that weren’t closed out until 2 years after my current loan closed. New “original lender” now claims to be the investor. MERS official signed on Substitution of Trustee and 4 years later lender/servicer finally admitted it was a mistake since MERS is not on the current loan but say it’s no big deal since non-judicial. May be true IF title is clean etc. Still trying to get straight answers. What is the SOL, I can’t seem to get straight answers, in CA.
Are you saying if they let the foreclosure sit in the court long enough that it will be past the statue of limitation to pursue it? My strategy in this whole thing has been to do nothing. I get registered letters once a month but never sign for them. I want them to have no record of anything. I only answer things from the court. I also check the courts website almost daily to make sure they haven’t asked for a hearing and failed to tell me.
They are actually still trying to “I am sure” do illegal things. Recently they sent me paperwork on lender placed insurance and said it cost $8,000. a year. Never in all the insurance I have bought or lender placed has it been more than $2,500. a year. A weird thing happened with that last month. We had a sewer back up from a heavy rain and it ruined my wood floor. I called the insurance to see what they covered and they said I had to ask my lender. Why, they tacked the $8,000. onto my mortgage? Why would the lender know what was covered and not the insurance company?
To explain further. I never filed for a review or sent any correspondence to anyone. My foreclosure has been on the books since 6/2010. In June 2012 their lawyer “Watson” filed for a summary judgement and I replied. Day of court they took it off the docket and I haven’t heard anything since then. It will be a year in June. Since then MERS is not my servicer anymore, SPS is and they threaten me with foreclosure all the time. I have to wonder what will happen if they do file for foreclosure whileI am still in a case with MERS.
hammertime
April 15, 2013 at 10:28 PM
On the email alerts it looked like you were a bank robo-posting!
What the banks are doing? They are betting that the majority of the 4.2 million home owners will Not file a lawsuit. Period!! And those that do file, who has the will, know how, and evidence to prove the ILLEGAL ACTIONS COMMITTED? They are betting not many! Even if a borrower goes at it alone they are at the mercy of a legal system that is slanted against them. I say, in order to beat them, those that do file charges/suit against them should go for as much as possible, be as audacious as they were when they file suit for forclosure against you, and ARM YOURYELF WITH KNOWLEDGE…EVERYTHING YOU NEED TO KNOW IS ONLINE. DON’T TRUST YOUR LAWYER TO FIGHT YOUR FIGHT. JUST A THOUGHT!! OH, I HAVE ALREADY FILED SUIT!!
P.S. KEEP READING SITES LIKE THIS ONE. THEY PROVIDE ALOT OF INFORMATION. THANKS 4CLOSUREFRAUD.COM FOR ALL YOU DO!!
Can you forward me a copy of your lawsuit…I will modify and amend and FILE!
Fighting In Ohio
April 15, 2013 at 2:59 PM
First of all, EVERY HOME OWNER’S SITUATION IS DIFFERENT. YOUR CHARGES/SUIT MIGHT BE COMPLETELY DIFFERENT FROM MINE. Secondly, YOU SOUND LIKE A BANK EMPLOYEE, NEVER SEEN YOUR POST ON THIS SIGHT… OR OTHERS. Third, I AM NOT A LAWYER AND WAS NOT GIVING LEGAL ADVICE. HOWEVER, I SUGGEST YOU GET A LAWYER TO REVIEW YOUR CASE, IF YOU GOT A GOOD CASE HE SHOULD TAKE IT. WHAT LAWYER YOU KNOW DON’T WANT TO MAKE SOME MONEY?
One of the many things that boggles my mind is why would they take certain stances and be so stubborn as to challenge existing laws? Especially if you’re going to open yourself up to litigation. Is there really that much profit if running everyone over and worrying about lawsuits later? I mean seriously, how long does it take to ck and confirm if someone is a service member and exempt from foreclosure? 5 mins? How long does it take to draw up a legal Mortgage Assignment? 5 Mins? How long does it take a real someone to legally sign it from the bank? 2 secs? Why you would outsource these tasks is beyond me. It can’t be to control cost.
Your exactly right, Mark. Only the TBTF Banks and their partners in crime, the OCC, the FED and all the other government regulatory agencies could try and spin $20K spent on review for harm with $250-$500 paid out to homeowners as a good thing……… Basic math skills are not a prerequisite for employment with the government regulatory agencies while a masters in BS is highly recommended and sought after. I only wish Mother Warren could wash these guys mouths out with soap every time they open them up to speak…… There’d be so many bubbles floating around D.C. you’d swear that they brought back the Lawrence Welk Show. (for those of us that go back that far)
It’s obvious a majority of the ck’s will be for 250$. After all, if you’ve done no real investigation into individual cases there is no reason to give anyone (other then your friends and family) more then that amount. Did we see once the initial reviews averaged 21K in cost? I’m sure $21,250 would have appeased a lot of folks. Guess now is the time to file suit if our statute of limitations has not expired? Just endorse your 250 to your counsel.
Hey everybody, wake up and wait for the mailman. If the X-IFR checks started going out on Friday some people might actually get theirs today. But we all have to realize that there was a $25 billion settlement announced just last year with 49 of the 50 states and not one homeowner ever got a dime of that money. That was billion with a B.
I’m anxious to here from people as to the amount of their X-IFR checks and I wish we had a way of comparing the numbers with those on the matrix released on Monday of last week. Just call me crazy but I don’t think the numbers will match or the totals and the responsibility for that falls squarely into Promontory’s lap. NO checks and balances, crap in and crap out………
As usual the talking heads in D.C. are telling stories that don’t make any sense. Since all those people who generated a $2 billion tab for Promontory only managed to review approx. 127,000 consumer files over a period of 10 or 11 months how is it that the OCC can make a determination of harm involving almost 4 million consumer files in less than 5 months. The answer is, they can’t. So this means the entire program for the payouts has to based on where the dart hits the board.
The independent (snicker, snicker) reviewers were in the process of reporting a rate of illegal activities found in the files of just 2 years at somewhere close to 100% and the banks involved would have required another bail-out just to compenste those actually harmed. This is the reason that the IFR was shut down, the TBTF Banks told the OCC and the FED what to do and they did it.
Now we’ll see how much it will be covered up. The only way you get to 4 million and trillions of dollars of bailouts is if the fraud was systemic and the TBTFs were involved. Any system worth a pile of beans would have had bells going off at the first “bad loan”. It’s a dog and pony show to have us looking for intent and protecting the country supposedly from evil homeowners that shouldn’t benefit so we have the revolving doors of settlements and investor cases.
I believe so. Robosigning “errors” can’t be a catch all for any kind of fraud and broken chain of title or invalid mortgages.
That’s why people had a problem with the framework in the first place. It tried to set compensation for title problems even predatory lending I believe. Now they’re changing the emphasis to getting people relief and whether we actually lost our home or not besides the fact they got caught with their hand in the cookie jar.
There will be very little help coming from the OCC and even if the investigative files are released (which they should be) there were less than 127,000 files reviewed at the time the IFR was called off. On top of which, the reviews were broken up into alphabetical catagories so that no one person or group would be allowed to see all of the evils committed. Given this fact it is hard to believe that any of those 127,000 or so case reviews were ever completed beginning to end.
It will require the filing of FOIA requests to get the information now being buried within the offices of the OCC and the FED and by the time anyone gets anything the Sharpie Marker Company will have made a fortune supplying those offices with black markers for redaction of those reports.
No, people, nothing good will come of this and just like all the other consumer based investigations only those connected with the insiders will profit from all of this as evidenced by the $20k per file charges paid out so each of harmed can receive a $500 check for which Promontory has not yet been paid for distibuting and processing.
I’d personally prefer to shove these checks up the arse of everyone involved one by one and with over 4 million checks be distributed a lot of those people will have to step back in line for a second and third and fourth insertion. Don’t worry Obama, there are plenty of them to go around and you should be at least one of the first few in line. Crap in and Crap out……………….
Exactly. Why was there the need to reinvent the wheel if we have all these “investigations”? There was a post somewhere that there is going to be some variation but mostly tied to losing your home or not it looked like. Very narrow definition of foreclosed and ignoring the ongoing misrepresentation and bad faith dealing.
wondering if Warren’s point is for us to follow thru w atty generals what were their findings on our case and if it is to be found not an error but indeed fraud, we have evidence from the ag ‘investigation’??? God Bless Elizabeth Warren!! and thank her for all she does..
From all reports on the subject: Checks were suppose to start going out on Friday the 12 of April, 2013, yesterday, so I don’t know if anyone actual received a check in todays mail but I’d venture a guess that they will start showing up the first of the week.
CYI I just finished faxing Senator Warrens D.C. Office 30 pages of documents, most of them copies of fraudulent assignment of deed of trust and mortgages that I made the OCC aware of in March of last year.
I don’t know if any of this stuff will get put to use in tomorrow mornings hearing with the OCC and the Fed but I’d sure like to watch them squirm if she threw down the 9 fraudulent assignments from BAC that I sent her.
I would like to see all those who get their checks this month post the category that they were paid from. I have this feeling that a lot of $500 dollar checks are going out even though every one of the Servicements Act violations should not have been in the review payments but rather should have been payed out of the Billions that the Banks have already agreed to pay for these violations and then Felony charges should have brought against the servicers-it is a felony to violate the Servicemen Act. Just another OCC scam to help out the Bankster boys.
if you have no option to file bankruptcy 7 can you file a 13 then turn it into 7 later new laws 8 years coincidence after pushing buy a house we are just so naive all my husband keeps saying we signed the paper but they changed it but we signed stupid us we tried every avenue for all paperwork went into black whole and lost , resend on and on .. then you do no qualify for government hamp and on and on .. please if anyone knows this just tell me we have a lawyer not a bankruptcy lawyer .. never new I would need so many lawyers cant afford all of them or I might not be in this situation.
This link will answer most of your questions. People are hesitant to answer because they are afraid of giving legal advice. You never know who lurks on these sites just waiting to nail someone. This link was very helpful to me when I had questions. Hope this helps!
WHY HAVE WE BEEN FORSAKEN? TALK ABOUT A LOSS OF TRUST IN YOUR OWN GOVERNMENT AND BANKS, SO MANY PEOPLE TALKING ABOUT THIS AND IS ANYONE LISTENING? IT SEEMS NOT……
We’ve spoken to attorneys about filing Chapter 13 Bankruptcy to block the sheriff sale as well as filing a wrongful foreclosure lawsuit asap. Time on the sale date is the major concern, so yes, we are attempting every possibility. After years of bs we’re not about to give up fighting and wasn’t trying to put our situation in any light other then the obvious seriousness it is in.
@ Mark
File a motion in court to stay the sale of your house and use the Russ Consulting notice as evidence and see what happens. Worth a try!! I am not a lawyer and this is not legal advice but I have been fighting in Ohio for over two years. Don’t Stop Fighting!!
I called Rust and was given the Dept # handling Citi’s foreclosures. Our sheriff sale date is first wk of May. I was trying to see if a change in circumstances had any impact on the ck you were to receive or any help they could offer to block people heading for a pending sale. After repeating my concern 4 times, I was told there is going to be “NO REVIEW” of cases and there has been “NO REVIEW”. If you’re going to mail cks, I would think you would want to send someone who has already lost their house from a wrongful foreclosure a larger ck then someone who could be help by a last minute modification. Apparently that is not the case and I would not be surprised to see cks like 250$ being massed mailed. The kicker was this op got pretty snippy and wanted to stress “You should continue to work with your servicer”
, they are willing to assist” I couldn’t stop laughing for a few mins. Citi’s lawyers resigned long ago and Citi hides behind the comment we no longer reply to inquiries once the servicing change is a yr old.
You STILL have options…get your attorney to file a TRO temporary restraining order … and/or remove your case to federal…file a wrongful foreclosure lawsuit…or give up and start packing…the choice, as always, is yours. Whining or laughing isn’t much help.
Your right Mark, I forgot to mention the numerous insurance policies in place to hedge the Banks bets along the way. Most research reveals that the average $250K mortgage nets the Banks at least $1 million.
My post-card from Rust said I would receive a payment OR a request for more information in 4-8 weeks. Anyone want odds on which of the two will take place in 4-8 weeks, huh.. I’ll give 10 to 1 it won’t be a check…..
Most certainly. What is everyone going to do with their ck for 250$ in 6-8 wks from Rust Consulting? Put it towards their mortgage in arrears? Some can only hope.
How else could those fine fine gentlemen like brian moynihan (boa) and jaime diamond (jpm)
bring home all the millions and millions in bonuses each year. Oh silly me, of course, from theft of our homes. And what would our fine government folks say about this comment…..she’s singing the have vs. have nots song because she doesn’t like rich people. As long as the 99% continue to believe this bs….it just goes on and on. It’s a song stuck on the same track.
This is exactly what is happening. Along with the possibility that the Mortgage companies insurance has paid off your balance ONCE. The govt has paid off your mortgage TWICE thru the TARP or or other programs banks have filed in for relief with and then they’ve attempted to sell/transfer it for X amounts to these Trusts or other servicers who are then pressing to foreclose with fraudulent docs. So, for some who are 85 and WANT to pay their Mortgage, who is really getting shafted?
Take this from someone who has been in this fight since October 2006. Bank of America doesn’t own any of the notes previously held by Countrywide, hell, they can’t even find most of them.
The reason behind most of the modifications granted that are later terminated is to allow BAC to fabricate ownership documents for loans that were securitized. Since most of the investors in the MBS direvative market have no idea what mortgage notes comprise their investments in the market they have no way of knowing that BAC and others are stealing those investments by creating new documemnts naming themselves as the real party in interest. Grant a modification, get the homeowners signatures on the dotted line, create false reasons to terminate mod and then foreclose.
The government then gives tax payer dollars as incentives to the banks for modifiying the loan and then the bank takes your home in foreclosure and again profits from its sale. End of story……..
We are coming to the final battle , we have attorney but at this stage with wells fargo asset-back pass thru certificates and more then likely robo judge we will have to pay for a house that is not only underwater and tell our daughter who is autistic we can no longer live here. My husband was layed off, injured in auto accident and we will not be able to file bankruptcy. We will owe all our lives even beyond death. When they issue sale how long do we have to pack
Doesn’t seem like your lawyer is telling you much. Need to check your state’s foreclosure laws, policies.
WF has had investors suing, settling on predatory lending etc so you would think you should have some options. Doesn’t sound right. Was there an audit done?
You should look up your RMBS account # on Google, if the same as “asset-back pass thru certificates” and see if it was involved in any cases.
Recently – http://www.nakedcapitalism.com/2013/03/whistleblower-wells-fargo-fabricated-mortgage-documents-on-a-mass-basis.html#comment-1154611
“Over the last two and a half years, Wells Fargo, like most of the major mortgage servicers, claimed that it had a “rigorous system” to insure that mortgage documents were accurate and complete. The reason this mattered was that there was significant evidence to the contrary. Foreclosure defense attorneys found repeatedly that, for securitized mortgages, the servicer or foreclosure mill attorney would present documents to the court that failed to show the borrower’s note (a promissory note) had been transferred properly to the trust. This mattered not only on a borrower level, but indicated that originators of the mortgage securitizations hadn’t bothered transferring the notes properly to the trusts that were to hold them. This raised the ugly specter of what was called “securitization fail,” that investors had been sold securities that they had been told were mortgage backed when they might in practice not be.
The robosiging scandal was merely the tip of the iceberg of mortgage and foreclosure problems that resulted from the failure to adhere to the requirements of well-settled state real estate law. The banks maintained that there was nothing wrong with mortgage ownership or with the records. All they had were occasional errors and some unfortunate corners-cutting with affidavits. If they merely re-executed all those robosigned documents, all would be well.
Wells Fargo’s own actions say the reverse. It has been doctoring documents in house for over fifteen months for borrowers who are targeted for foreclosure. It was having this sort of work done outside the bank for an unknown period of time prior to that.”
Hers’s a post from 2012 – hasn’t had the effect it was thought it seems but may be able to use info from cases and opinions http://dtc-systems.net/2012/01/investors-coming-out-of-the-shadows/
“Ultimately, the proof and the relief sought by homeowners will come from investors who demand answers to what happened to their money when they purchased mortgage backed securities and pooled their money to fund mortgages.
The result is a pincer action, to put it military terms, where the creditors and the debtors are making the same allegations against the intermediaries who stole from both sides, “borrowed” the loss to claim Federal bailout money, and left both sides holding the bag.
Lawyers for the investors are clearly smelling blood and are on the hunt. Unlike the foreclosure defense side where the arguments and theories are the same, these lawyers will represent institutional investors whose credibility in court will rival, if not exceed, the credibility normally allowed to anyone with the word “Bank” in their name. These lawyers are going to make a fortune, as will any foreclosure defense lawyer who realizes the true nature of what is going on.”
“The strange code associated with the callers mortgage on the Today Show was WFALT 2007 PA2. Woops! That’s a REMIC and a recent News Release names this trust. I’ll bet a lot more than 10% (estimate given to the Today Show by Wells Fargo) of the loans fit this category. How about 99% are in some sort of RMBS. Back to that 99% number. I guess if the shoe fits?!
The brighter the light shines, the more trouble we find!”
Jim – I think you misunderstood my word. I was asking if you were UNDER WATER…meaning that your house is worth less than what you owe. Property values decreased greatly after the real estate bubble burst and the financial catastrophe in 2007. If that is the case, you need a principal reduction otherwise you will be payinga lower mortgage payment (maybe) but you will be stuck with that home far beyond your lifetime and the likelihood that you will never be able to sell it if you should have to do so. Take it from experience, they will take your so-called trial payments and then come up with a oh, so sorry, you don’t qualify! You also need to know that BofA, as servicer, does not have the power to modify! Only the true owner of your mortgage has that power. Truly, find a reputable attorney that supports homeowner’s and seek advice.
i have 90k equity on our house.. yes, that was explained to us that boa does not have the power to modify on the workshop. okay, we will see ..hoping for the best.
Jim – are you curently underwater on your mortgage? If so, does your loan modification include a principal reduction? If not, then you are still paying on a mortgage (that is likely not even owned by BofA) that you will never be able to get out from under. Aside from the fact that BofA is doing loan mods that creates toxic titles as most generally the mortgage has been sold on the secondary market and is now owned by the Trustee for the bond holders. Only owners of mortgages can grant modifications. I would check with an attorney that represents BORROWERS before you sign on the dotted line. You may likely be setting yourself up for one heck of a big bang down the road!
yes i am late on 6 month payments. Underwriter called me and said boa is my bank sevicer and the investor (fannie mae or whoever) has guidelines if i will qualify for modification. And I qualified and will lower down my interest, basically i passed the phase 1 which is approval. I was told to expect a FEDEX package from BOA and will list my options and then go to a trial payment plan for 3 months. I will then chose my options or decline it. BOA Home specialist did say my monthly payment will go down because my case is simple. BUT we will see when my packet will come and I can explain further. Thank you for the info.
Hammertime – I read your petition. You are asking the national banks be under the control of the US Gov’t with express authority of the President? You also are asking that the Fed Reserve be dissolved; then turn around and ask that it become an agency of the gov’t? If you ask it to be dissolved how can it become an agency? To nationalize all the banks under the control of the President is simply inviting communism to the front door. This may be why so few have signed your petition. Just sayin….
Actually it’s from CREDO a pretty mainstream progressive group. Last I checked the President is the leader of OUR democracy. Seemed to work for GM. Don’t see anything wrong with dissolving an agency, removing the self interested big banks and having real policy makers and even real capitalists/entrepreneurs put in place. Hopefully it’s just starting to make the rounds. Unless it’s as an article I read said Americans are suffering from the “Freed from Facts” and they’re stuck in the fifties.
Please anyone facing foreclosure check with your bank if there is a Homeowner Event scheduled in your area. I just went a couple days ago at a bank of america homeowner event and they will help you avoid foreclosure and they will explain options for you. THEY are there to help. JUST MAKE SURE YOU HAVE ALL YOUR DOCUMENTS, I was there for 3-4 hours and met with bank of america home specialist and HUD and other gov’t agency plus the underwriter was there too! AT 5pm i got a call that my load mod got approved. PLEASE go!
Where is that laughing mouse when you need him????
Friendly advice….take Bobbi Swann’s advice before signing that is if you really ever get to that point.
@kb – I’m in CA. I’ve used the settlement verbiage from the documents on the web site and the Homeowner Bill of Rights (new 01/13 CA law) seems to have helped me at least to postpone sales. I’ve also contacted local officials and copy them on complaints to Comptroller etc.
Generally, not legal advice, it seems the banks are able to “repair” their documentation issues so the key is to establish title problems and where the money from investors other 3rd parties went with proper documentation, recording as well as predatory lending etc.
I’ve received a notice from independent audit that payment is on it’s way. They were sent out about 2-3 weeks ago. Takes 4 to 8 weeks.
If you want to leave a temporary email I can get in touch.
Thanks for your reply Hammertime. I contacted Rust Consulting today, and we may only qualify for the settlement $ by going directly through our servicer (as we weren’t in foreclosure between 2009-2010). So, fat chance on that one! Hah. Our situation is somewhat convoluted. To email… f i n s l i c e [at] yahoo (no spaces).
hammertime
April 5, 2013 at 2:43 PM
I know what you mean. They’ve tried to put us all in the same cookie cutter and we’ve gone along pretty much. Lots of confusion on settlements that we now have to track for fraud etc. Got some interesting info today and will be in touch.
Has anyone successfully had their case thrown out in which Linda Green signed a release of mortgage as VP of Wells Fargo Bank? Is there a statute of limitations in Florida that would deem this document ‘useless’ in the eyes of the court? (or is it already considered ‘no big deal’?). I found the signatures of Linda Green/Jessica Leete on a separate mortgage release for a property in another state, dated the exact same day and notarized by the same person, but with radically different Linda/Jessica signatures. Hoping that’s proof enough of forgery. Would the judge even care?
I am trying to avoid foreclosure (though we are 7 months delinquent) and grasping at straws. Have sent along a few QWRs over the years. Hoping to avoid lengthy litigation and losing my home.
The other state issue is a non-issue, unless the NOTARY stamp is from another state. They can notarize documents for different locations on the same day, but they probably could not be two places at once. Look at the County and State in which the documents were executed, not at where they were ultimately recorded.
There have been some dismissals based on Linda Green assignments of mortgage. There was also a spate of CORRECTIVE assignments of mortgage that alleged Linda Green did not have authority in the original AOM’s to sign for entities like MERS.
Without seeing the AOM’s in question I cannot offer more help.
Document everything, keep all the envelopes too. Have you been served with a foreclosure complaint or are you just in the limbo between default, attempted modification and foreclosure?
I am sometimes on ‘foreclosurehamlet’ or ‘foreclosurewarriors’. The locals there know how to contact me.
k.b.
April 5, 2013 at 1:50 AM
Thanks for your reply, JamesM – JamesX. This is not an assignment of mortgage I’m talking about, but a release of mortgage that was signed (forged?) when we refinanced. Refi took place two years after original purchase, and Linda signed the release of the original on behalf of WF. The notary stamp/signature on the out-of-state doc matches the one on our release. Regardless, today I contacted their county records office and I’m requesting a certified copy. I hope to prove beyond a reasonable doubt that the release of the original mortgage was forged. Whether this matters at all, I do not know.
We’re in that ‘limbo’ stage. We have not received a foreclosure complaint or any kind of court summons, only the occasional manilla (and once, photocopied) slips on the door asking us to please call the Boa Constrictor, courtesy of SafeGuard. They sent three mod packages then stopped. I’d been reading up on other people’s trials and tribulations for a few years prior to the point when we decided to stop paying, so I ignored them figuring a mod wouldn’t even be worth a try. I do plan on retaining an atty when it comes time.
I am so glad you suggested I keep the envelopes — I have a habit of doing that! If you’d like to get in touch (and by all means I would love any advice you have to offer) you can email me at f i n s l i c e [at] yahoo … Thanks very much again for your answer!
Regulators Let Big Banks Look Safer Than They Are
============================================================================
By SHEILA BAIR
The recent Senate report on the J.P. Morgan Chase JPM +0.78% “London Whale” trading debacle revealed emails, telephone conversations and other evidence of how Chase managers manipulated their internal risk models to boost the bank’s regulatory capital ratios. Risk models are common and certainly not illegal. Nevertheless, their use in bolstering a bank’s capital ratios can give the public a false sense of security about the stability of the nation’s largest financial institutions.
Capital ratios (also called capital adequacy ratios) reflect the percentage of a bank’s assets that are funded with equity and are a key barometer of the institution’s financial strength—they measure the bank’s ability to absorb losses and still remain solvent. This should be a simple measure, but it isn’t. That’s because regulators allow banks to use a process called “risk weighting,” which allows them to raise their capital ratios by characterizing the assets they hold as “low risk.”
For instance, as part of the Federal Reserve’s recent stress test, the Bank of America BAC -0.25% reported to the Federal Reserve that its capital ratio is 11.4%. But that was a measure of the bank’s common equity as a percentage of the assets it holds as weighted by their risk—which is much less than the value of these assets according to accounting rules. Take out the risk-weighting adjustment, and its capital ratio falls to 7.8%.
On average, the three big universal banking companies (J.P. Morgan Chase, Bank of America and Citigroup C -1.02% ) risk-weight their assets at only 55% of their total assets. For every trillion dollars in accounting assets, these megabanks calculate their capital ratio as if the assets represented only $550 billion of risk.
As we learned during the 2008 financial crisis, financial models can be unreliable. Their assumptions about the risk of steep declines in housing prices were fatally flawed, causing catastrophic drops in the value of mortgage-backed securities. And now the London Whale episode has shown how capital regulations create incentives for even legitimate models to be manipulated.
According to the evidence compiled by the Senate Permanent Subcommittee on Investigations, the Chase staff was able to magically cut the risks of the Whale’s trades in half. Of course, they also camouflaged the true dangers in those trades.
The ease with which models can be manipulated results in wildly divergent risk-weightings among banks with similar portfolios. Ironically, the government permits a bank to use its own internal models to help determine the riskiness of assets, such as securities and derivatives, which are held for trading—but not to determine the riskiness of good old-fashioned loans. The risk weights of loans are determined by regulation and generally subject to tougher capital treatment. As a result, financial institutions with large trading books can have less capital and still report higher capital ratios than traditional banks whose portfolios consist primarily of loans.
Compare, for instance, the risk-based ratios of Morgan Stanley, MS -1.46% an investment bank that has struggled since the crisis, and U.S. Bancorp, USB +0.18% a traditional commercial lender that has been one of the industry’s best performers. According to the Fed’s latest stress test, Morgan Stanley reported a risk-based capital ratio of nearly 14%; take out the risk weighting and its ratio drops to 7%. USB has a risk-based ratio of about 9%, virtually the same as its ratio on a non-risk weighted basis.
In the U.S. and most other countries, banks can also load up on their own country’s government-backed debt and treat it as having zero risk. Many banks in distressed European nations have aggressively purchased their country’s government debt to enhance their risk-based capital ratios.
In addition, if a bank buys the debt of another bank, it only needs to include 20% of the accounting value of those holdings for determining its capital requirements—but it must include 100% of the value of bonds of a commercial issuer. The rules governing capital ratios treat Citibank’s debt as having one-fifth the risk of IBM IBM -0.43% ‘s. In a financial system that is already far too interconnected, it defies reason that regulators give banks such strong capital incentives to invest in each other.
Regulators need to use a simple, effective ratio as the main determinant of a bank’s capital strength and go back to the drawing board on risk-weighting assets. It does make sense to look at the riskiness of banks’ assets in determining the adequacy of its capital. But the current rules are upside down, providing more generous treatment of derivatives trading than fully collateralized small-business lending.
The main argument megabanks advance against a tough capital ratio is that it would force them to raise more capital and hurt the economic recovery. But the megabanks aren’t doing much new lending. Since the crisis, they have piled up excess reserves and expanded their securities and derivatives positions—where they get a capital break—while loans, which are subject to tougher capital rules, have remained nearly flat.
Though all banks have struggled to lend in the current environment, midsize banks, with their higher capital levels, have the strongest loan growth, and community banks do the lion’s share of small-business lending. A strong capital ratio will reduce megabanks’ incentives to trade instead of making loans. Over the long term, it will make these banks a more stable source of credit for the real economy and give them greater capacity to absorb unexpected losses. Bet on it, there will be future London Whale surprises, and the next one might not be so easy to harpoon.
Ms. Bair, the chairman of the Federal Deposit Insurance Corporation from 2006 to 2011, is the author of “Bull by the Horns: Fighting to Save Main Street From Wall Street and Wall Street From Itself” (Free Press, 2012).
Does anyone know how to get proof that the bank, trust, REMIC and or servicer has been paid AIG Credit Default Swap funds? If we could find a way to prove they received these funds, (which we all know they did, the TARP bail-out included $183 billion dollars to AIG to cover these credit default swaps), we could prove unjust enrichment and get the foreclosure dismissed, most likely with prejudice.
they were mortgage bundles and we saw this way back when they destroyed the records so much for that plan we tried to relocate this information and it was gone
so our lawyer is aware of this , he said he would be there for this and we did not need to be. So this is done deal , we paid two attorneys and the banks were paid way back when and our disabled daughter suffers the consequences of us losing our home that we moved so we could make her feel more secure.. nice world thanks
Yes km…that is what the courts are doing, you will not get the justice you have been told since we were children…It’s all a big fat lie, know that before going in front of any judge…the bans lawyers lie so you should too!!it’s a travisty and there is no end in sight!
Question.. Judge has ordered case management hearing we do have attorney and case is on docket , they cancelled last hearing the servicer why is Judge doing this is he trying to escalate the process to remove it from docket or is this to speed up eviction ?
anybody have suggestions on mediation on a few slum propertys I am just a title researcher who can not believe my eyes.this is my first battle there are many more ahead.
I am in the middle of two abandoned forclosures I never signed the mortgage on however I hold the deeds I have tried the motion to dismiss for lack of promisory note and in Fl. they dismissed my motion. I asked the judge for mediation, it is now coming up in a few weeks.I doubt anything will be settled at mediation. forclosure mill Gladstone law in bocaraton Fl.will be sending a bank rep. from ist. bank N.A. or bank of america this is a mers transfer however its not on the complaint
any ideas? This is slum property
New York Fed Protects Bank of America From Big, Bad AIG
=============================================================================http://www.fool.com/investing/general/2013/02/19/new-york-fed-protects-bank-of-america-from-big-bad.aspx
Credit Suisse Put ‘Garbage’ Mortgages in Bonds, MBIA Says
=============================================================================http://www.bloomberg.com/news/2013-02-01/credit-suisse-put-garbage-mortgages-in-bonds-mbia-says.html
If these crook Bankers were doing what they are supposed to be doing with the public debt, there wouldn’t be a need for anyone to file for Bankruptcy.
All Homes and Utilities and anything else considered ‘public debt’ is already pre-paid in advance.
Are you ready to blow your top?
Remember HJR-192 aka Public Law 10 chapter 48, 48 Stat 112?
That’s right folks. When they took our Gold, they took away our ability to actually ‘pay off’ anything. So, they had to give us a remedy, and that remedy is Public Law 10.
Remember now, ***we are still in Bankruptcy (1933).
All public debts are pre-paid in advance. That means all utilities and homes as well. When you sign the note on your home at the Bank, you need to walk out with the Deed, because your signature just paid off that house.
But the crooks don’t tell you that. No, instead, they endorse the back of your promissory note and deposit it in a secret account in your name. Then 72 hrs. later, they call the Treasury Dept, and say “Hey, someone has abandoned this account, can we have it?”, and the Treasury says “Sure, it’s all yours!”.
Then the crook bankers pillage that account for about 10 times more than the actual money that was created with your signature (remember, fractional reserve banking?), and then have the ballz to Con You Into Making $1,200.00 Payments AGAIN on that house for the next 30 years. that you just paid off 3 days ago when you signed the Note.
How’s that for screwing you three ways to Sunday?
No Joke People: You paid off the home the day you signed the Note at the Bank. It should have been over, done, no more payments, free and clear. You walk out with the keys and the deed, and the Banker is supposed to take that promissory Note to the Treasury window and Discharge the debt.
Remember, it’s not HJR-192 you use in your argument, it’s “Public Law 10: Chapter 48, 48 Stat 112 ….. That’s the Key!
Remember also: The Bank did not loan you jack $hit. They had no money to loan you, until YOU signed the Note. Your signature created the money, it’s all a con; all of it, from day one.
Listen to Rod Class explain how your signature is what creates the money in Episode 598, May 25, 2012 in the Archived shows as you scroll down the page: http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=4…
Listen to his other shows; he’s driving home the Bankruptcy and how it’s effecting all of us. At some point in almost every show, he gets into the 1933 Bankruptcy.
And to add injury to insult, if you miss one of those ‘other payments’ that you are paying monthly (even though you already paid off the home), the greedy boogers will show up with the Sheriff and steal your home and repeat the process again.
Yes, I said they come and STEAL your home, because you already paid the home off with your signature; they are just double dipping on you.
The whole system is setup for confiscation. They are THIEVES and CRIMINALS, the whole lot of them!
Read it yourself: http://www.myprivateaudio.com/WHERE_DOES_THE_FRAUD_BEGIN.pdf
Source of above link: http://www.myprivateaudio.com/Bank-Fraud.html
NOTE: It’s not HJR-192 you want to argue, it’s: Public Law 10: Chapter 48, 48 Stat 112 . That is Law.
People are walking out of the bank without the deed. They are signing the deed over to the bank instead of putting it in their pocket when they leave. Did you think they were going to TELL YOU that you just paid off the home? And that THE BANK WAS STEALING YOUR HOME FROM YOU?
In Liberty and Beyond!
Note: READERS! ****PLEASE UNDERSTAND THAT ‘WE’ IS NOT YOU AND ME! THE REPUBLIC – our true government – IS NOT IN BANKRUPTCY! THE CABAL PRIVATE CORPORATION MAFIA, AKA THE UNITED STATES OF AMERICA CORPORATION, PRETENDING TO BE THE ‘GOVERNMENT’ OF THIS NATION SINCE 1933 IS IN BANKRUPTCY VIA THEIR GREED AND TRAITOROUS ACTIONS AGAINST THE PEOPLE OF THE united States of America and the Republic. IT IS THE CORPORATION POSING AS OUR GOVERNMENT THAT IS IN BANKRUPTCY. THIS PRIVATE CORPORATION’S DEBTS ARE NOT YOURS NOR MY RESPONSIBILITY. Apparently the author of this article is not aware of this fact.
Rex- is his oath recorded? is he bonded? Does he have pension or investments in MBS’s?
Have you had a Securitization & Bloomberg Audit? Have you talked to an attorney who understands Securitization? Have you read “Foreclosure Defense Guidebook”?
Have you been to knockoutcollectors.net?
Case attacking validity of MERS transactions, value I believe Neil Garfield at LivingLies is saying, attacking the shell game.
“Merscorp sued by Kentucky attorney general over loan assignments.
Kentucky Attorney General Jack Conway has filed a lawsuit against Merscorp Holdings Inc., claiming that some of its assignments of mortgage loans were not filed properly when property in Kentucky was sold or transferred.
As Bloomberg reported, the state claims in its lawsuit that Merscorp registered the loans under the name of its Mortgage Electronic Registration Systems Inc. unit, making it difficult for homeowners to find out who owned their loans so they could request loan modifications or prevent foreclosures.”
Couple of good cases, for Chase/WaMU. (MERS separate post)
” Finally a taste of justice coming from Michigan.
KIM v JPMORGAN CHASE BANK, NA Docket No. 144690.
Argued October 10, 2012 (Calendar No. 9). Decided December 21, 2012.
In an opinion by Justice MARILYN KELLY, joined by Justices CAVANAGH, MARKMAN, and HATHAWAY, the Supreme Court held:
When a subsequent mortgagee acquires an interest in a mortgage through a voluntary purchase agreement with the FDIC, the mortgage has not been acquired by operation of law and that subsequent mortgagee must comply with the provisions of MCL 600.3204 and record the assignment of the mortgage before foreclosing on the mortgage by advertisement. Any defect or irregularity in a foreclosure proceeding results in a foreclosure that is voidable, not void ab initio.
President Obama: Use the first 100 days of your second term to live up to your own words, “Our country cannot succeed when a shrinking few do very well and a growing many barely make it”, and cement your legacy as a President who upheld the rule of law, held bankers accountable for their crimes, and helped the hardest hit, especially communities of color, stay in their homes. We demand you:
Prosecute Wall Street bankers for stealing our homes, savings, and livelihoods
Keep people in their home by resetting their mortgages
Make Wall Street pay us back
@docstowork Very good points on MERS. My interpretation is that you are saying MERS can be on both sides of the fence so to speak on a mortgage.
While the securitization issue has dominated it seems from my experience that MERS can act as an agent in general in a number of ways. The MERS database is used for different reasons as well. My thinking is that the MERS records are possibly corrupted in a data context by records that have no supporting documents and records that may be manipulated. In my case MERS was not on the Note as nominee or beneficiary while records continued to exist from previous lenders/servicers. Alot of times we may be focused on MERS and trying to make sense of it when the data is garbage. On the other hand there may be cases where the procedures and local mortgage law were followed and MERS may be able to act as an agent. In my case there is a substitution of trustee that is signed by a MERS official that servicer now claims is an
“error” while claiming no harm no foul since they can correct it and non judicial foreclosures don’t require them any way. I don’t agree w/ this but that’s a whole other story while my focus is on the records that make no sense which possibly reflect a broken chain of title. Basically, my thinking is the contract question is important but we need to review what the MERS data is claiming and making sure it’s valid per local law and the Deed/Notes themselves.
@hammertime I do agree with your analysis but I’m not merely suggesting that MERS can be on both sides of the lawsuit. In many instances they are in fact a named defendant. The point I was making is that their defendant role changes the entire dynamic of the controversy.
Since MERS continues to hold ownership of the mortgage [as mortgagee] – MERS remains a party to the mortgagor-mortgagee covenant which in the absence of a decree remains in full effect. As a defendant MERS is no longer the adversary of the homeowner and is obligated [I think] as a matter of equity and common law, to provide a defense against the plaintiff’s foreclosure claim.
I do see the your point with regard to the defective MERS documents. But I think there is more than one way to compromise MERS’ infrastructure [if you will]. I would like to see what courts will say about MERS straddling both side of the lawsuit since as a defendant MERS demonstrates indifference to the homeowner by foregoing the covenant that MERS is a party to with the homeowner.
Although the covenant is “incidental” as most courts have described it, it is still a valid promise with value so much so that the security interest could not be perfected [at origination or maturity] without it.
hammertime
January 23, 2013 at 4:04 AM
Actually that is a good focus as well. Looks like in CA there are some changes brewing in the courts such as a verbal promise being recognized.
What we need is a good idea of exactly what role has MERS played in mortgages. It seems with all the “investigations” the data should be there. Instead it may be by lumping us all into one pile it gives them a way to sweep the fraud under the rug.
You would think thought that in such a case if MERS is working against a homeowner there would be a conflict of interest. We probably need to start pressing “our” elected officials on whether the courts are really pursuing the purpose of the laws and protecting our rights and questioning the “contracts” instead of rubber stamping them.
There have been several definitive court cases in the last couple of years in regards to the FDCPA 15 USC, but I find the GLAZER v. CHASE decision out of the Court of Appeals for the Sixth Circuit dated January 14, 2013 to be an excellent reference because it clarifies several issues and refers to the supportive federal case law. Basically: “Nothing in this approach prevents mortgage foreclosure activity from constituting debt collection under the ACT.” See Shapiro & Meinhold v. ZARTMAN,823, P.2d 120, 124 (Colo.1992), explaining that mortgage foreclosure is debt collection under the act.
A party cannot avoid the provisions of the Act simply by claiming to be a servicer or the qualified holder of the note if the debt was in default at the time of transfer.
This is not legal advice, I am simply referring to court decisions, published decisions. I hope this helps you. Go to Google Scholar and start with the Glazer case and you will be amazed at where it will take you.
Why MERS Owes Homeowners in Foreclosure a Legal Defense
I posted this article several days ago and I’m curious to get your input since so many of you have heavily examined MERS’ role in the foreclosure process.
In many instances [almost always] MERS is listed as a defendant with the homeowner in the foreclosure lawsuit but they retain their “mortgagee” title as assigned by the Lender.
Although ownership of the loan is transferred, which created the security interest for all intents and purposes, the mortgage obviously remains with MERS. I’m sure many of you understand the “splitting the note” issue, and its not my intent to attempt to bring more clarity to the matter.
However, it’s my personal theory [and I would like your input] that MERS as mortgagee has an obligation to defend the mortgagee-mortgagor covenant which MERS is in fact a party to. As a defendant, MERS should not be complicit with the foreclosing party and should by no means forego the covenant based on the the plaintiff’s allegation.
When MERS is a named defendant, it changes the entire dynamic of an already confusing contractual mortgage arrangement.
ASK any homeowner OR attorney if they have EVER won a house FREE & CLEAR. If they say ‘yes’: ask to see the court order. If they stammer: YOU decide if it’s BS…!!! You MUST have help BEFORE you go to trial…
@Tibby – Not legal advice of course but fastest, most effective way would be bk as NJ is non-judicial from what I understand. I’ve also seen demand letters to trustee and servicer alleging fraud and to cease and desist from going forward w/ sale.
thanks Hammertime….. You would think that would work but apparently this law firm does many very questionable things with paperwork from what I’m seeing online. There is no equity for this firm to go after and they are trying to get this sale through without notifying the first mortgage holder and without listing the prior mortgage with the notice posted for the sheriffs sale online…… There is some mention that they have an arrangement with the first mortgage holder which is a LIE. Has anyone else had a similar problem with Zucker Goldberg and Ackerman or Castlepoint mortgage engaging in unethical/illegal practices?
hammertime
January 20, 2013 at 10:32 PM
If they go forward you can help them dig their own grave and strengthen your case eventually especially if they go forward w/ the sale or to strengthen a TRO request if it applies or other action. Good luck!
There’s only one problem with that Rex, well maybe two. The Countrywide ABS 2006 Trust had a closing date of ??/??/2006 so a transfer to the trust in 2012 is a nullity and secondly, it violates the PSA and New York State Trust Law to even attempt to transfer a non-performing Note into the Trust. Not to mention that it would make everyone in the chain of that transfer a “Debt Collector” for all intents and purposes and subject to legal action pursuant to the FDCPA 15 USC 1692. Just thought I’d throw this out there…..
Thank you thegrey55. I will bring this up to the judge tomorrow morning at 9am. Wish me luck!
REX
January 24, 2013 at 12:25 PM
OK…the grey 55, I am back from Court now…..told the judge about the illegal securitization and he basically told me he didn’t care. He was only looking at my case and not interested in anything the bank may have done in New York. Sale date was set for 17th April! Case closed! So much for the quality of the judges in Florida! He admitted to me that he didn’t understand securitizations!
I have a friend who is in first position on a mortgage in Atlantic County NJ. Second mortgage holder represented by Zucker Goldberg and Ackerman filed a foreclosure in 2007 stating that they were in first position. The owner has blocked their attempts to sell this property at Sheriffs sale a number of times given that they are in second position and there was some degree of fraud in the documentation submitted by the law firm who is trying to foreclose on the property ZGA.
My friend who holds the first morgage found out yesterday that Zucker, Goldberg, and Ackerman has listed this property again for sheriffs sale this coming week without any notification to the first mortgage holder. There is no equity in the property, and Zucker Goldberg and Ackerman did not disclose that the first mortgage existed to the Sheriffs office because the listing online says that there are no priors. Also, they may have falsified documents stating that the first mortgage holder has signed something allowing this property to be sold at auction. Clearly this is fraud.
What is the fastest way to stop this sale? Also, Zucker Goldberg and Ackerman may have collected from Stewart title for this mortgage because of a defect in the title. Does ZGA have a suspicious relationship with Stewart Title or Castlepoint morgage?
A bankruptcy appellate panel rules on the role of MERS. “No Splitting” MERS and Banks. The panel clarifies MERS’ role as mortgagee. This may actually help homeowners.. read and post your thoughts..
First of all I want to thank everyone here for your invaluable information. Now I have a few questions.
My BOA loan was filed for foreclosure in 2010. To make a long story short I didn’t have to got to court until 6-2012. The lawfirm was Marshall Watson so my answer had about a million reasons why it was illegal if not criminal. When I got to court they took it off the docket.
I have not heard a word from them since. I randomly check the clerk of courts to see if they have sent anything I have not received. None so far.
Since then they have changed servicers for the loan again. Also which I found strange was about a month ago I got a notice from their lender placed insurance company that they would not be insuring me anymore and the reason given was that the loan was “Paid In Full”.
Is this normal the bank would say the loan was paid in full in order to not pay the insurance? Is it legal? Is it to my benefit to prove they said the loan was paid in full and they are the ones who claimed this?
Thanks for any help.
P.S. I also see the Watson Law Firm has gone out of business. Does this mean I should file a “Lack of Prosecution”? I have never been informed by the bank they changed attorneys.
Wow…if I’m reading that correctly. Maybe your case was strong enough they’re admitting they got bailed out? Doubt they would say “Paid in Full” for insurance. If new servicer, you may have a new investor that may be who you need to deal with. You may want to read the notice over again and review county property records. If it’s your lucky day I’d sure like to see how you did it and may be time for quiet title.
Rebecca Bane
January 11, 2013 at 6:20 PM
I know it seems strange to me. Is there a way I can e-mail the document or post it on here so you can maybe see if I am reading it right?
hammertime
January 11, 2013 at 6:32 PM
You want to be careful on what you post. Redact any personal info first.
You can post files on beingmiddleclass.org and foreclosurehamlet.org I believe. You can also send to me at underwaternation AT hushmail dot com
I’m reviewing how to work with people in more collaborative fashion so could be a good test case. Hushmail has good security features if you want to create an account there.
Rebecca, I know a LOT about lack of prosecution in FL. I suggest you DO NOT FILE ANYTHING until you have talked to a competent foreclosure defense lawyer. I an not a lawyer but would like to talk to you if you have the time. I can also share the case law we have researched on the ‘lack of prosecution’ issue.
Either contact me through mutual friends on here, or via the hamlet, or post some contact info in reply.
Hi Rebecca, What proably happened is that they have sold the note. it happened to me. Four Years into foreclosure and suddenly BOA send me a notice saying that they are cancelling insurance. The mortgage was transferred to New York Mellon in trust for Countrywide ABS 2006. The transfer took place on 6.6.12. Look at myfloridacounty.com and see if you can see any transfer…..Also the case has to be dead for 10 months in florida to file for lack of prosecuition. And as soon as you file that they will file a useless motion to keep the file “alive”. Good luck….
Rebecca Bane
January 20, 2013 at 3:55 PM
The original owner was Countrywide, then BOA then New York Melon. New York Melon was the one who filed the foreclosure but BOA sends me notices as if they are the note holder. It was serviced by MERS and now this new servicer SPS. So the note holder and the servicer who filed foreclosure “I guess” are not even involved with my note anymore. Most of these transfers are not recorded in the court. Then to top it all off the Attorney “Watson” has closed his practice. Well made to close his practice and lost his law license for a period of time.
Furthermore SPS acts as if they don’t even know there is a pending case against me. Could they possibly file another foreclosure on me? I really hope they do. Surely the court would have to see in my favor if they do not even know what is going on and they are the Plaintiffs.
I am Pro Se because the two lawyers I did talk to wanted thousands to keep me in the house for a year. It seemed they were working for the other side. Kept wanting to make deals instead of helping me point out the fraud and so forth.
So for right now I am not making any more moves until I am notified by the court. I am not paying BOA or SPS because I have no idea if they will even credit it or are the actual note holder.
I am in awe of anyone who can keep up with this mortgage mess the country is in. Actually I am sickened by it thinking of all those who have lost jobs and homes and their health because of it.
Rebecca Bane
January 20, 2013 at 4:18 PM
OK I will wait the ten months to file the lack of prosecution but I do have a question. How can it be prosecuted by this firm when the firm was made to go out of business? Shouldn’t the bank (whenever they figure out who is my bank) have to notify me of a change of attorney. Also if they do choose to do that can I still use my accusations against the other attorney in that he coerced with the bank to assign the mortgage and about a thousand other things?
I am looking to connect with anyone in the State of West Virginia that is on here, that was put into foreclosure by PNC. I read the comments daily, I dont post much, on advice from my attorney but I would like to tell everyone, this site is invaluable in the fight to save our homes!!
You are absolutely right about revival issues but here again that issue won’t effect me. The truth of my situation is that first Countrywide and then BANA tried to to take what was a position of servicer to my loan and turn it into being the originator of my loan after my mortgage company dissolved its corporation by board decree some 7 going on 8 years ago, without bankruptcy, creditors, heirs or assigns. I hold the only certified copy of the original note which has never been assigned, transfered or sold since origination so that pretty much makes BANA a thieving scoundrel that has backed itself into a corner. The running of the SOL was a God send but I’m pretty sure I’d have got them one way or another and the another is the civil end of this deal. I’m almost begging them to try and revive what they don’t have, the note. And I realize that my situation is different but not unique and many do need to be careful over issues like revival and making pre-modification payments. If I had made just one payment during the last 6 years then the SOL would have started all over again. This is not a sane man’s game that we are playing here. And I am no longer a sane man….
I don’t know if this has already made its way around, however, there may be some who are not aware of the “zombie” titles. This link is just one of the many horror stories out there; some of which are even worse. If you end up leaving your home, please make sure that you CYA with making sure you will not end up like these folks in foreclosure “hell”. These crooks just keep coming up with new ways to stick it to the homeowners. Hopefully, the legal system will eventually start consistently upholding the law. There has to be a breaking point where even bribes will not suffice. http://www.reuters.com/article/2013/01/10/us-usa-foreclosures-zombies-idUSBRE9090G920130110
Lack of notice is a Due Process violation and I’m sure your state will have the Rule 60 that trillion$infraud mentioned in his response and I believe you have 6 months in which to raise the issue of lack of notice pursuant to rule 60, don’t quote me on that, I get my rules mixed up sometimes but if you can look that one up. Where your case differs from mine is it was a judicial foreclosure like you mentioned. I gotta run for a bit but when I get back I will check out a couple things and get back to you. I just drives me to the edge when I hear these details day in and day out, I feel helpless and I that isn’t something I’m comfortable with. Good luck Mark and I’ll see what I can find.
I’m really left with no choice but to pass this battle off to legal counsel. My latest attempt at understanding all the processes and going pro se was to file a Motion to strike in regards to a Motion to change Plaintiff. The new counsel who filed an appearance for Citi ( who they are unaware represents them, althou I personally called and have written Citi) filed a Plaintiff name change Motion in Aug claiming they were given this Power to do so by an alleged Assignment of Mortgage also filed in Aug. This latest assignment however NEVER mentions Citi, it list another Bank Trust who I also have called and were told, they do not do business like this and they do not give anyone POA to sign as a VP of their Bank Trust department. So in my mind a quick Motion to strike based on what they present as their proof was in order. Little did I know, the steps are that you need to go up to the Motions court and get a time and date for it to be heard, give the opposing aholes a ten day notice and then argue before the Motions judge. Not just to file the Motion in the clerks court thinking a hearing date would be scheduled. My error. So I go up to the Motion court and am slammed by the judges clerk attempting to ask the simple procedural question of how my pro se Motion can be scheduled; being repeatingly told “you cannot come in here and play lawyer”.
The most disturbing part is I’m looking to pay. I’ve been to two recnt hearings and asked..who is the correct party to pay and how much? I’m not however going to pay an additional 7-10k of fees that are wrong and no one wants to discuss. And now that I’ve found out the lawyers have created and filed false documents , lied to the court, and there is a good chance the initial morgage holder has been compensated possibly numerous times in full. Come on. People have the notion your trying to screw the banks by not paying or want a free house. Thats not the case. There s a whole new wave of bs coming and that is with the recent sale of servicing rights. These new octupusses are moving servicing outside the US and earning millions. Good luck getting your payments processed. If you do want a stock tip, Sell your house and buy Nationstar and Ocwen. They’ve already doubled once and will again.
JamesM - JamesX
January 10, 2013 at 10:25 PM
Getting competent counsel is a VERY GOOD MOVE, well done. You probably should have done it sooner. It is easier, and cheaper, to get things right from the start than try to unravel it in reverse.
Having said that, I have a very good friend in Florida who got a final judgement set-aside and the case re-opened because they were not served a notice of the hearing. NOTES: (a) There was not a clerks default in the record. (b) The certificate of service on the notice of hearing had the wrong address for service (c) the correct motion under the correct rule was correctly filed within one year, (d) she hired competent counsel to ague the issue before the court.
Backing up the system and reversing a judgement is not impossible but DIFFICULT. You need competent legal counsel AND to move in a timely way, AND the correct case law in your jurisdiction.
IF you are less than (X) days after the order or judgement a motion for rehearing may be in order (often 10 days). IF you are less than (Y) days after then you may be able to file an appeal, IF you have preserved the Record and the objection, or have other de novo grounds (often 30 days). IF you have the right grounds you may be able to bring a motion to set-aside the judgement (often with one year limit) BUT sometimes, in some situations you get more than a year.
So time is NOT on your side, go see a GOOD lawyer ASAP, like yesterday.
This REQUIRES competent legal counsel to sort out. Maybe even two sets, one for trial court and an Appellate court specialist.
You are trying to swim up-stream. It can be done, BUT …. here is the truth,…. it would have been better to get competent legal counsel involved BEFORE you had an adverse judgement against you. Probably cheaper too.
For FL people I may be able to offer some suggestions on what course of action to be discussing with your foreclosure defense lawyer.
It can be ten years or whatever from the date of your discovery and not the date of the event and perhaps longer and even after the sheriff sells the property, but then you could only get a money judgment as you would not get the house back from an innocent purchaser, unless you have notices filed that anyone bidding could not ignore and can prove they knew about the worthless title that the sheriff provides without title insurance or warranty.
My lack of Notice is from the court themselves in regards to a new hearing date. We rec’d the default notice after not being aware there was a new hearing we failed to attend. When I called the judges chambers the clerk said “you ve been in the program 2 years, you should have resolved this case by now” Call the bank.
While most of us involved first hand with these TBTF Banks know for a fact that there is and continues to be a bigger conspiracy in play here, those on the fringe know something is not right but the big conspiracy theory is beyond their mental reach right now. However, and I’m not saying anything about your writings becasue I’m not familiar with them, what we really need are solutions if any can be found. We all continue to share the knowledge and through this and that we become more and more aware but if we can’t do something to alter the course that we are on then perhaps we shouldn’t hope to be so well informed. Ignorance is bliss, as they say.
the TBTF banks intentionally orchestrated events so they could become too big to fail. because they also control the INTERNATIONAL SWAPS AND DERIVATIVES ASSN (which determines what constitutes a “credit event” thus triggering the payout of credit default swaps which now total $707 TRILLION dollars – more than the WORLDS GDP many times over) they have their finger on the trigger of worldwide monetary collapse and are using that power/leverage/scare tactic to BLACKMAIL the gov’ts to do as they are told… this so-called ‘random’ financial crisis has been meticulously crafted for decades. Having 3 foreclosures, i began doing extensive research which led me to write my 4th book which is online for free entitled “WE, THE SHEEPLE VS. THE BANKSTERS” . it’s on slideshare.net in 3 formats – power point for those with ADHD and the complete version in written word complete with more than 500 quotations which corroborate what I expose. my name is LAUREN TRATAR. google me and you will find it.
Colorado’s statute is 13-80-103.5 CRS 2012 and if you can access google scholar look up Thurman v. Tafoya 895 P.2d 1050 Supreme Court of Colorado, En Banc 1995 and those ten pages will give you a pretty good understanding of how this thing works without having to take my word for it. If that doesn’t work for ya get bback to me and I’ll do what I can. Oh yea, the whole IFR thing was a scam from the very beginning and only meant to keep people from looking behind the curtain once again. I doubled qualified because BANA had to withdraw from one foreclosure do to lack of prosecution and then refiled under a different theory of standing all within the time from set by the OCC for review. I plan to publicly burn any check for any amount on the 6 o’clock News that I might get from BANA due to this so-called review-the one for $125,000 might have created a problem with the burning part but I seriously doubt that anyone will see a check for much over $125 let alone $125K.
Thank you for the info. My fight is in PA that passed thru the judicial process. The whole story would fill pages. We had been attending Foreclosure reconciliation hearings thru the court periodically, but we were recently informed that due to not appearing in court in Oct 2012 (in which no court notice was given to us, honest, I’ve attended every one since Oct 2010) we have lost, bank was given ok to proceed with judgement which was filed, and now we are awating a sheriff sale date. My only recourse now seems to file bankrupcty in the next 2 wks to fend off the sale until the 8, yes 8 fraudulently signed mortgage assignments can be reviewd as well as the astronomical reinstatement figure we have been arguing since feb of 2012. We owe money, yes, that fact is not the argument. The argument is the manner in which the foreclosure was filed based on one late payment; the return of payments to reach the 3 month deadline of non payment so a foreclosure can be filed and the fact there are numerous fraudulently signed and filed documents by servicers and even lawyers to increase fees. The first lawfirm has even resigned, the inital mortgage company Citi has never heard of who the 2nd lawfirm is appearing in court on their behalf. What boggles my mind is why mortgage companies resorted to creating false documents? Mortgage assignments for the most part are a fill in form I can create in less then 5 mins. The signature by a real Citi VP of Mortgage Services takes what 5 seconds? They instead, outsource a lawfirm to create a fraudulent document and then ship it out to some donald duck in texas or OK who signs claiming he’s a VP for Citi? then files it in court. When someone goes to questions the validity, they claim dumb. They have no idea who M. Arndt or M. Mathews or M Wileman is when they dam well know they are employees of Orion Financial and are signing documents as Citi VP’s illegally. The’ve had lawsuits filed and settled already.
Some people do have a different fight and not everyone is after a free house, they just want to pay what they owe and get on with there life. Doesn’t give banks the right to break the laws.
Check and see if your state court has a trial rule 60 or a rule to allow you to file a motion to vacate which you would in the text for this title explain excusable neglect and or mistake of fact, etc as provided to have the judgment entered against you vacated as would stop the sheriff sale.
Colorado is all alone in it’s foreclosure laws and that is not a good thing, besides being a non-judicial state. Had the original lender just proceeded with a judicial foreclosure my house would be gone, or more correctly, I’d be gone. I even made the arguement at one of the Rule 120 hearings that the lender should have been required to proceed judicially and I’d bet that now they wish they had. It doesn’t help any of us that in 50 states there are 50 different ways these things get done but that’s what we’ve got work with and sometimes we get lucky. My next and probably hardest battle is still ahead and that is to get recompense out of those who fraudulently tried to remove me from my home.
Be careful of the fights you pick and the lawsuits you file. In Florida state court, a defendant may raise as as a counterclaim an action which would be otherwise barred by the statute of limitations, if it is a ‘compulsory counterclaim’ (arising from the same contract or event). So while they may not be able to file an independent cause of action because of the statute of limitations, they may be able to resurrect the same action as a counterclaim to your action. Again this depends on the state or federal law where you are. Just be careful. Sometimes it is better to quit when you are ahead.
I appreciate your comments but your way off the mark in this case. In my home state the clock starts to tick on a lenders right to enforce a promissory note as soon they file a Notice of Election and Demand. Foreclosure proceedings based on the Deed of Trust do not stop the clock from running on the Note-lender must file suit based on the note within 6 years or the note is unenforceable and the DOT is extinguished. Colorado’s 6 year SOL is a statute of repose and there is very little that will toll the time allowed-not even a Bankruptcy filing stops the clock unless the SOL expires while you are actually under the courts protection and then the lender only gets an extra 30 days to proceed. As for needing legal counsel, I have one or two who I have consulted with over the years and both are chomping at the bit to get at this if and when BANA were to try and revive this case, however, since October of 2006 I have fought this fight as a pro se litigant and by all accounts I have held off all pretenders to the throne and my castle is my own. Two Bankruptcies, 4 foreclosure filings and one suit in federal court, I’m 5-1-1 so I feel pretty confident that I’ve got a pretty good grip on the law, at least here in Colorado.
As I said, I don’t know the statute in your state, as I said it varies from state to state. If you have a non-judicial foreclosure it might, as you say it does in your state, fail to toll the statute of limitations. In a judicial state like Florida it would, toll the statute, (stop the clock from running) so it would not have expired. Obviously a non-judicial foreclosure is completely from foreclosure in a state with judicial foreclosure, and therefore affects the tolling differently. Glad you consulted competent counsel on this issue. Well done.
Rich Rendina
January 10, 2013 at 12:52 PM
This is Rich…James, can we work together to gather Florida case law on this issue. My case was dismissed for”lack of prosecution”, so I am in great shape. You can call me at 561 308-3181
The Government (our government) once again showed how deeply involved they are with protecting the best interest of the TBTF Banks just this past Monday when the OCC announced that they were scrapping the Independent Foreclosure Review Program. A program mandated by the OCC and the 49 State settlement announced this time last year, without the consent of the other parties involved in that agreement and without first advising the House and the Senate of its intentions. So, after almost 10 months of taking requests from Homeowners for reviews and the deadline of December 31, 2012 only 7 days old the OCC said “Nevermind”. There is only one reason for the scrapping of the IFR program, the independant reviewers (who are now coming forward) found so much fraud contained within the Banks records on not just a few of the foreclosures that qualified for review but on almost every file they examined that it was becoming impossible to bury the truth. Our friends over at the OCC (I mean the Banks friends) should immediately be removed from the positions they hold for this cover up of the truth. They don’t really think the public is buying into this BS that the OCC has come up with a faster more efficient way to compensate the hoomeowners harmed by the Banks illegal forecloures, hell no, they just know that there isn’t a damn thing we can do about it. There needs to be an investigation into the actions of the investigators, enough is enough already. We should make this the straw that broke the OCC’s back and put a stop to this conspricacy here and now. I just had a thought about raising this issue on the Presidents web site to garner some attention, what was I thinking, Obama is as deep into this conspiracy as the rest of them. My bad….
The 2 letters from the OCC can be read on its website.
Rich, congrats on getting your foreclosure dismissed. Your issues with the Court are so common these days and disgusting to all of us who grew up in this country of law and order. I think you are on the right path, you have to keep hammering away at these Judges who refuse to abide by the rule of law. I live in a non-judicial foreclosure state where a hearing before a Rule 120 Court is required before the lender can foreclose and when it came time for that hearing the lender and their attorneys didn’t even bother to show up or to answer my 15 page brief but the Judge held the hearing and acted as the absent parties advocate and he of course granted an order authorizing the sale of my property. The only reason why I still have my home is becasue the statute of limitations finally ran out on the Banks ability to proceed on the Note. This is not to say that I didn’t do everything in my power to fight these people every step of the way. The Court will have little leeway now that the SOL has expired but all of my arguments and the proof supporting them have been glossed over and pushed to the side by the Courts up to this point and I’m not sure how to stop these Judges from corrupting the system any further other than to continue to try and expose to the world what it is they are doing and who they are doing it for. There are several good cases out there where the courts have said that Quieting Title in a defaulting homeowner is not desireable but once a homeowner can show that the Note is no longer enforceable then the issue of default goes away and quieting title in the homeowner is the only logical way to proceed. Keep up the fight, BANA is a monster that needs to be stopped and guys like you and me and thousands more like us are tearing away at them one little piece at a time,
Can you explain more on your SOL comment with regards to the banks ability to proceed on the note? What time limitation are they under? After a year and a half of false hopes that the OCC was investigating these wrongful foreclosures thru the IFR, they scrapped the program and comment that we have “limited exposure”. You allow the Banks!, the Banks! to hire their own consultants? Are you crazy? Now, you’re going to possibly give someone who has lost their home to these illegal acts 2K? Nice. I’m sure that comes with a binder of waivers for you to sign.
I don’t know your case, I don’t know your state law, but I suspect you DON’T understand how your statute of limitations works. (Note: It varies by state).
I suspect that the clock on the statute of limitations was stopped when they filed the action against you, and will not start running again until after the case is dismissed, if it is. This is not like a speedy trial law, where they have to try the case by a specific date, It just prevents filing a case after the statute of limitations clock runs out, BUT the clock is suspended during litigation, so (a) the only amount of time on the clock is the time between default and their filing an action against you (b) it is not running and does not expire during litigation (c) it will not cause your case to be dismissed.
For the Statute of Limitations to apply, the time must have run BEFORE the action is filed, and to figure if it has expired you have to subtract any time during prior litigation by the same parties on the same cause of action.
NOTE: The proceeding is not legal advice, just an attempt to explain the oft misunderstood statute of limitations. Having read your post I can see you NEED to hire competent legal counsel in the State in which you live.
Rich Rendina
January 10, 2013 at 10:51 AM
James, respectfully, you are incorrect as to SOL in Florida. I agree with you that an attorney should retained on an issue involving the Statute of Limitations. However, I have been advised by more than three law firms as to this issue.
If a foreclosure case is filed AND subsequently dismissed by the court due to bank action OR lack thereof, it is as if the case was never filed and the time(in Fl. 5 years from the acceleration of the note and mortgage) is NOT tolled.
For instance, if the case was dismissed the time keeps running. The bank only has 5 years from the notice of default to re-file, if they legally can. At that point a Quiet Title action can be instituted!
This is not legal advice, but represents the advice I have received from Fl. attorneys.
JamesM - JamesX
January 10, 2013 at 11:45 AM
TO Rich Rendina, I replying here because for some reason there is no reply button on your post.
You are correct that in Florida there are some exceptions to the tolling of the statute of limitations, BUT the rules allow for ONLY TWO exceptions:
(a) If Plaintiff takes voluntary dismissal,
or
(b) Plaintiff is dismissed for lack of prosecution.
In both cases the statute of limitations, although tolled by the action, springs froward as if the action had never existed.
IF however, as you suggest, the action is dismissed by the court, for what ever reason, the statute is NOT tolled and the time the action was pending is not counted.
There is one other condition which causes a form of exception. If you are sued by bank A and that case is dismissed because bank A is not the real party, and then later sued by bank B, the prior dismissed action between you and A did not toll the statute because it is not between you and B.
Lee Parkerson – I take it you are in Florida. I would be interested in talking with you. The ‘locals’ know how to contact me, or contact through foreclosurehamlet or foreclosurewarriors. I have some mediation notes that may be useful to you.
danthegrey: I ALSO have/had Countrywide loans: and have WON a house FREE & CLEAR. Drop me an Email: G O I G r o u p at Gee Male Dotcom. i look forward to hearing from you.
Is it do or die day? I have an interest in this house for repairs as it has an unattended swiming pool,I fixed the privacy fence 7 times when B8C maint kept knocking it down,I even paid taxes for 2010 and much more.I hope the judge at least gives me a chance to speak up.
Are you in court as someone with a lien to protect for services provided to maintain the abandoned property or are you trying to obtain title by adverse possession or what, as it is not clear why you are going to court.
Lee Parkerson
February 23, 2013 at 11:43 PM
Title would be nice but in fla. you have to take what ya get
For those of you who don’t know me, I’m one of the originals in all of this mortgage BS, having started my fight in October of 2006 with Countrywide and ending it with Bank of America on December 12, 2012. The 6 year statute of limitations ran out on BANA on that date and my Note is no longer enforcable and the Deed of Trust is extinguished so although I still have to press the issue with the Courts, no one is going to come take my home. But that is not why I’m here today.
Many of us were part of a large group of homeowners who by order of the OCC were to have an Independent Foreclosure Review as part of the 49 state settlement from this time last year with the TBTF Banks. The deadline for requesting that review was extended several times. suppossedly for the benefit of homeowners effected by the improper foreclosures initiated by these banks. I personally had no faith in these reviews and anyone familiar with the process can understand why (the Banks got to choose the reviewing entity). I made my opinions known to several OCC officals and many others involved in the process and let it be known that I felt that this was nothing more than another delaying tactic, the clock is ticking on the statute of limitation for private rights of action against the Banks and will soon run out for most of us. The OCC dropped the bomb yesterday, paragraph 5 of the OCC letter released yesterday states, “As a result of this agreement, the participating servicers (all of the TBTF Banks) would cease the Independent Foreclosure Review. which involved case-by-case reviews, and replace it with a broader framework allowing eligable borrowers to receive compensation significantly more quickly”. In a word “BULLSHIT”. Now a year since the 49 state deal was done and not one homeowner has received a dime and those of us who submitted our review requested that have already been acknowledged are now being asked to wait yet again for contact from what the OCC is now calling a “Payment Agent”. Even Congress is miffed over these agreement with the Banks because nobody told them about it until the press release yesterday. We were sold out a long time ago and this is just a continuation of that judas act. Don’t be fooled people, your time to hold the Banks feet to the fire is coming to a close if it hasn’t already. I am preparing my civil action (actually I’m putting the finishing touches on it) as we speak because my deadline is June of this year, 3 years from when you discovered or should have discovered the crimes committed against you by the Banks.
Go to the OCC’s website to read the two letters released just yesterday, you can bet that the banks private entity reviewers were finding way to much fraud and criminal activity within the foreclosure files and it became way more than they could hide or deny so uncle OCC had to step in and help them out by canceling the program just as it was to begin compensating those harmed by the Banks. Disgusting.
Good luck to all those fighting to maintain what should be yours, we are not the criminals here…..
DantheGrey, congrats on your successful result in the foreclosure litigation. I had my foreclosure case dismissed against B of A and was in court this week to Quiet Title since I had evidence that B of A “was paid” thru the securitization process. The Judge REF– USED to hear the case, even though we had a clerk’s default. The judge is Meenu Sasser in Palm Beach. I’m going after her until I get her off the bench…recusal, complaint to Judicial Qualifications, and Bar complaint. She also has STOCK IN B OF A!!! Any thoughts?
Question? If the Default was vacated, can they still order the sale.The West Palm Courts are just corrupt. The BofA witness could not account for the missing payments and said it probably was applied to interest. The Lis Pendens was filed for the wrong amount. She stated Bank of America owned the note. Fannie Mae owns it. Committed perjury. Judge allowed the sale. They are retired judges hired to clear the cases. I was going to get them a Bank of America plaque for their desk. They let the foreclosure mills do whatever they want.
ILLINOIS- FALSIFICATION OF LOAN APP BY BANK- TRIAL MAR 4. OPPOSING BANK COUNSEL SAYS ‘SO WHAT’? JUDGE SAYS ‘EVEN IF THEY COMMITTED FRAUD, YOU REC’D $, SO ALL I CAN DO IS RESCIND THE LOAN WHICH MEANS YOU MUST GIVE THE BANK BACK THE $ THEY GAVE TO YOU. OF COURSE, PROPERTY IS NOT WORTH MUCH NOW SO THEY ARE TIGHTENING THE NOOSE ON ME. BY THE WAY, I HAVE 3 FORECLOSURES…
ANYONE KNOW LAW WHICH STATES THEY CANNOT JUST RESCIND LOAN? IM THINKING OF FILING FEDERAL COMPLAINT, NAMING BANK EMPLOYEES (SMALL BANK) AND FILING CRIMINAL CHARGES AGAINST THEM AS A STRATEGY… ANY IDEAS?
Over 975 people have signed the Corruption Petition asking The President to establish a Commission to investigate widespread corruption in U.S. – The White House Corruption Petition can be viewed at: http://1.usa.gov/1314AzB
HelloEveryone, I need help in finding someone in the Hilton Head, SC area that KNOWS how to go after these people in court. I am in way over my head. Thinking that i can learn how to be an Attorney in a couple months was simply foolish. This Legalize Stuff is what i hate the most. Is there anyone out there that can GUIDE me thru this step by step?
wow so glad to see this site,I am going to represent myself (foolishly) next week on a predetory loan on an abondoned house in brevard county fla, I found the old owner on face book I have been a title researcher for 30 yrs and have never seen anything like this
This is a crap shoot, any ideas?
JamesM - JamesX
January 9, 2013 at 5:04 PM
Lee Parkerson – I take it you are in Florida. I would be interested in talking with you. The ‘locals’ know how to contact me, or contact through foreclosurehamlet or foreclosurewarriors. I have some mediation notes that may be useful to you.
How far did you get it in the litigation process..?
Lee Parkerson
January 9, 2013 at 9:52 AM
court today on my motion to dismiss per lack of promissory note 10 min docket hearing at 1;30
Mark
January 9, 2013 at 10:03 AM
Good luck in court. I went last week to ask for an update on a motion to strike a previous motion to substitute plaintiff and got my hand slapped by Motions judge and clerk. Was told “you can’t come and play lawyer”.
Lee Parkerson
January 9, 2013 at 2:56 PM
just got back from the rocket docket the judge granted mediation i am trying to give gladston of boca a run on their money ist bnk,the lawer they hired did not have the file.Again, this is Fl and the house usually wins.
Al Wells: You’re getting warmer. This will surface in your audit. Call Lawrence Asuncion: 650 355 8873. Tell him ‘Kris in Kali’ sent ya. (NO, I’m NOT getting paid to tell you this). I ‘won’ my house FREE & CLEAR. Here’s the court order: http://www.scribd.com/doc/112317453/Court-Order-Winning-House-Free-Clear There are MANY things you’ll need to research before trial….
Has anybody ever checked to see if America’s Wholesale Lender was ever a Mortgage Electronic Registration Systems Member 2007? No where on my promissory note or Deed of Trust is Countrywide Mortgage listed. It does not even mention Countrywide Mortgage dba America’s Wholesale Lender. Where am I going with this? In order to get a MIN# according to the MERS tool kit you have to be a MERS Member. Also, MERS has Bank of New York Mellon as the Investor. Bank of New York Mellon is the Trustee who does not hold the note or physically own the property. MIN Numbers are made up by the Bank. If America’s Wholesale Lender was never a MERS Member, then how can the Mortage be a MERS Mortgage? Furthermore, the Securitized Mortgage was invested and traded. The Bank of New York Mellon is a Member but they do not hold the note and neither does the Servicer of the Loan which in my case is Bank of America.
Bank of America does not hold the note and neither does The Bank of New York Mellon because the note was supposed to be endorsed by the originator and filed with the trust before the pool closed according to the Pooling and Service Agreement. I need a Members List for Mortgage Electronic Registration Systems from 2007 which has America’s Wholesale Lender as a member.
Now HOW could a CORPORATION that did not ACTUALLY EXIST prior to 12/16/2008 LEGALLY have a membership in MERS back in 2007? (And no, the firm that is now listed has no connection to CW, BofA, BONY or BONY-Mellon.)
The MIN numbers on the loan documents were acquired apparently by good ‘ole’ Countrywide. Now they were able to do this since MERS is so loosey-goosey with ‘membership’.
So while your loan documents most likely call out the LENDER as “America’s Wholesale Lender CORPORATION” on the DOT and just “America’s Wholesale Lender” on the NOTE, it was pure scheming by Countrywide. Funding was NOT from “America’s Wholesale Lender”.
People who have contacted MERS asking about a membership in the name of “America’s Wholesale Lender” end up being requested to supply a member number. I know it is circular logic, but the MERS mumbo-jumbo has them playing the game of refusing to provide past lists of members.
If you look at current lists of the MERS members, there is no AWL listing in any shape.
Also, BONY-Mellon had lots of trouble producing any corporate resolution with MERS for America’s Wholesale Lender in the Alderazi case they fought in NY state. It was first decided in 2010 with BoNY-Mellon loosing, then lost again on appeal in 2011 (April both times).
Close reading of the ruling seems to indicate that Simi Valley could not even produce a corporate resolution with MERS for the part of Countrywide that had also supposedly had an assignment of the Alderazi loan.
MERS corporate resolutions need to exist that identify WHO was a valid signor for any particular ‘member’.
But EVEN WHEN MERS or a ‘member’ can show that they DO have any such documents, they were improperly approved. They needed to be approved by the MERS board, not the secretary.
Let me assure you, you will not see a VALID document that lists anyone who was approved to sign for “America’s Wholesale Lender Corporation”.
If you litigate, BofA and BoNY-Mellon’s lacky’s will attempt to claim the loan was really one belonging to “Countrywide D/B/A America’s Wholesale Lender” regardless of the lack of any such content on your documents. They will also try to claim the ‘AWL Corporation” and the ‘D/B/A AWL” are the same thing. All lies but you will have to convince a judge that they are lying.
Also, for any of the PSA’s, they needed to assign the loan to Countrywide Home Loans Corporation itself before it is then assigned to CWABS Inc which then was to transfer it to the specific trust (at least CWABS is involve in most of these). But the only assignment they generated after the fact, just in time to try to foreclose, is a single-step assignment to the trust, directly from “America’s Wholesale Lender Corporation”, using MERS.
They may even provide a document that lists approved sighors for one of the servicers such as Litton, but that does not mean the list of Litton signors have carte blanch to sign for all MERS documents. Instead, they need to provide the list of approved signors for “America’s Whlesale Lender Corporation”.
Alex
December 4, 2012 at 11:50 AM
Let me ask…now that you comment on BoNY, in a forclosure case of my property they sued me, my loan was serviced a while back with homecomings, late transferd to GMAC who is the servicer, but when we call to ask who is the investor they indicate it is Residential Funding Corp not BoNY. On the other hand when i try to search in Mers it indicates investor has opted to not be shown. I had printed a copy 2 years ago where the MIN number showed as active and yesterday checked again and this MIN number shows as inactive, does this mean anything? How can i track who is my investor, and if BoNY who claims to hold the note is really the party in interes?
Thank you very much!
hammertime
December 6, 2012 at 12:29 AM
@Alex – You may want to put together a qualified written request and copy the Comptroller if an NA and/or part of the settlement. Also hit all other agencies, officials etc. Can use settlement as back up/reference as well that they need to provide you with the information of who holds the note, investor etc if not cooperating. MERS records should follow your chain of title so you should compare to any county recorder filings and documents you’ve received. They may claim they can go back and “fix” records which they may be trying to apply to any fraud they may have committed. If just a mistake they need to show money transferred or whatever the case might be. You also may need to review exactly what your closing documents etc say as to payoffs etc and if it doesn’t match what they were selling you. If multiple refis could be broken chain of title. You could include the changes in MERS records in your qwr and ask them to explain it while you do your homework; hopefully you have copies of what you queried. You also may need to go down the whole securitization path as well.
DT
December 6, 2012 at 7:47 AM
In my experience when you loan is no longer on the mers system that means they have filed an assignment of mortgage and they are no longer listed on the mortgage. They did this in my case.
Anyone use a Notice to Cease and Desist in CA to prevent foreclosure sale? The trustee used an Assignment with a probably robosigned signature with only the last name as validation of debt and has refused to answer accounting questions per QWR/RESPA. There have been a boatload of violations of the settlement guidelines since July.
Yes all of this has happen to the both of us. What is up?
hammertime
November 26, 2012 at 1:17 PM
Pretender lender/servicer claimed that they can’t take postponement requests within 7 days and that it requires a modification package. I’m declining to submit any documentation as they have not established standing or answered my issues in good faith.
City actions etc have me living day to day so bk is not an option and honestly will not file on principle. I may be able to get filing fees w/ court aid.
If not cancelled by noon plan to send cease and desist letter. Will leave for court w/in the hour to see if there’s outside chance to file injunction but prob not realistic.
Basically down to cease and desist it looks like or fight at unlawful detainer stage.
Found a strong Cease and Desist letter that requires recording and some others that look effective but can probably get out sooner.
If you have one that worked for you would appreciate it.
hello
please click the sign tab for my petition to sechud donovan and washington and member of Obama’s cabient to end mortgage discrmination in the us . under the fair housing act of 1964. this case has gone to the white house already and is under appeal to the sechud donovan to help disabled veterans like me to stay in their homes. thank you for your consideration and signing in advance.click link http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
Why doesn’t the Govt put some of these displaced people from the storm Sandy in foreclosed homes until they get insurance to rebuild…these homes are sitting empty
Im reviewing information sent to me form the foreclosure attorney and need any information you may have.
Original deed of trust in 2007 has Equifirst Corporation listed as lender. I have been through 4 servicers, HomEq 2007-2008, EMC 2008-2010, Quantum 2010-2012, and now AMS Servicing.
From what I can tell, in june 2009, MERS made an assignment to U.S. Bank as trustee for One William Street ( wasnt filed until 4/2011). At the same time an assignment was made from U.S. Bank to Quantum Servicing. I dont see any assignments to Homeq or EMC.
Does anyone have any experience with these guys, or have any helpful guidence. I am in the process of filing suit against EMC for some servicing wrong doing that has escallated my troubles. I am trying figure this secutitization thing out. I am in Mississippi, I do have an attorney trying to help but is not all that familure with Mortgage servicing fraud and securitization so any quidance woud be appreciated.
People- I cannot express to you how important it is to understand the Securitization issue- and to get a Securitization and Bloomberg audit. There is where all the fraud is exposed.
Google Securitization fraud- plus the links this site has is great msfraud.org is great with links, knockoutcollectors.net has a great membership site along with conference calls on talkshoe. Also- try talkshoe.com and search for dallas debt discussion. It is full of info and archived calls.
It is also very important to seek out an attorney who gets the securitization issue and a lot are learning as they see a market in the securitization/foreclosure fraud issue. Conduct your due diligence. Educate yourselves, and fully comprehend what you are dealing with.
Loan mods are a scam from what I have learned. also- get the book “Foreclosure Defense Guidebook”. It is a great resource.
I have been in foreclosure since 2008 and in the Short Sale process for 9 months with Bank of America. My 2nd lien holder made an offer to purchase we got approval letter then 4 days later BoA reneged saying they couldn’t find the MLS listing of the property. We had untill October 31, 2012 to close …….any thoughts?
trillionsofdollars this is Beverly and I only received the referral to Stephen Golden the attorney in Pasedena I never received a refferal fo rSan Diego can you please resend it Thank you
I’m actually looking into this for someone else. The assignment of mortgage is dated July of 2009 to DBNTC as Trustee for Long beach mortgage loan trust..
The note identifies Long Beach mortgage company as the “Lender” but they are no longer in the picture as they assigned their interest to another Lender which eventually succeeded to DBNTC as trustee for the long beach trust.
But I’m not seeing that either the DBNTC or (Long beach) was licensed by NY to conduct business here. NYS DOS does not return an active record [or otherwise] for the exact name of either entity either. On the SEC website, I did see that DBNTC was issued a certification and notice of Termination of Registration. (What is that?)
Here’s a partial copy of the notice signed [electronically] by the VP Katherine M Wannenmacher:
UNITED STATES OF AMERICA
SECURITIES AND EXCHANGE COMMISSION
Washington D.C. 20549
FORM 15 – Certification and Notice of Termination of Registration
under Section 12(g) of the Securities Exchange Act of 1934 or
Suspension of Duty to File Reports Under Sections 13 and 15(d) of
the Securities Exchange Act of 1934.
Commission File Number: 333-109318-10
DATE: January 6, 2006 By: /s/ Katherine M. Wannenmacher
Katherine M. Wannenmacher
Vice President
Deutsche Bank National Trust Company,
As Trustee
Although the assignment of mortgage was made in 2009, prior to the date the foreclosure action was filed [Oct 2012], I wonder if the plaintiff’s legal standing to foreclose is compromised due to an apparent lack of statewide licensing.
Notwithstanding, in NY the courts still require all affidavits acknowledging the authenticity of the foreclosure docs.. which hey have not yet filed.
Selected Entity Name: LONG BEACH MORTGAGE COMPANY
Selected Entity Status Information Current Entity Name: LONG BEACH MORTGAGE COMPANY
DOS ID #: 2104893
Initial DOS Filing Date: JANUARY 22, 1997
County: NEW YORK
Jurisdiction: DELAWARE
Entity Type: FOREIGN BUSINESS CORPORATION
Current Entity Status: ACTIVE
@Macy I did find that listing, but Long Beach Mortgage Company is the Lender that originated the loan in 2005. However LBMC is no longer in the picture [at least in name only] since they assigned the mortgage which ultimately fell in the hands DBNTC in July of 2009. And yes they are likely a Chase associated organization.
The plaintiff DBNTC as trustee to the Long Beach trust is bringing the action pursuant to that 2009 assignment of mortgage.
I was expecting LBMC to be authorized to operate here [in NY] since they originated the loan, but the plaintiff [assignee] DBNTC as trustee to the Long Beach Trust does not appear to be authorized the conduct retail banking operations here in NY state.
So how can they legitimately service the loan? Unless I’m missing something.
One more thing.. Maybe this is a question for a clever attorney.
MERS is also named in the caption of the lawsuit as co-defendant with the borrower. However, there are no allegations raised toward MERS in the Complaint. The Complaint allegations are against the borrower.
Since MERS is technically the mortgagor, should MERS not owe the borrower a defense?
Should the borrower seek a declaratory judgment to[if nothing else] compel MERS to amplify their role in the transaction.? I’m just thinking out loud if you will.. Thanks
I
Bev Sheffer
November 6, 2012 at 1:59 AM
Well just about th time I was starting to get it !! Bank of America transfers serving to Bayview 4 days before sale date so date is postponed.. I call my insurance guy up and ask him who my pretender lender is HA HA HA you’ll never guess who my NEW LENDER is now what Neil now what the hell am I supposed to do? Dont they have to file some kind of purchase order or an assignment or can I be foreclosed on by BONYM if they are not the lender? Man I am getting worn down in southern california still havent retained my attorney cause I am afraid that I will pick the wrong way to stand cant qualify for mod not that I want one but hubby is unemployed engineer refied with mortgage it then countrywide then bankof america did a MRA with Mortgage it w/Douche Bank as custodian 4-5 paragraphs on how custodian will fill out lost affidavits sounds to me as though they BofA knew going in there were no notes to the mortgages they bought and now my new lender a new player in the game caught me off guard kinda stumped here so question is when a ( i dont even know what to call it it was a CWALT 2006-OA12 then it became an Alternative trust 2006-OA12 now I have new lender isnt there going to be a new piece of fraud uh I mean document rear its evil head somewhere. I am so disgusted with BOA< BONYM all of them sold out Americans and the children in these homes wow I am really disgusted. ANYWAY NEIL thank you for the effort that you have put in to help us all I really barely grasp what has happened but you are a hero in my eyes God Bless You n God Bless America Bev
Hell NO, No more Bankster Bailouts!
November 7, 2012 at 11:30 AM
@Bev Sheffer,
You are clearly in need of assistance from a reliable attorney. You don’t seem to understand that the change of servicer does not change who is actually the supposed holder of your loan.
They are simply continuing to add layers of confusion for YOU and possibly a court IF you ever get to that point before you are out on your butt.
What is your point of posting more of the non-sense they are subjecting you to? Don’t you realize this is ‘standard’ practice? Even IF you had started a request for a mod, they would use the change of servicer as cause for you to start over.
Either get the attorney hired or pack it in. I can not see that you have the skills to fight this without a good attorney.
I found an important case in Illinois that should help many homeowners. This is a big deal for Illinois.
C:\Users\PC\Desktop\DEUTSCHE BANK NATIONAL TRUST COMPANY 2005 GSAMP 2005 WMC v_ GILBERT WMC, No_ 2–12–0164_, September 25, 2012 – IL Court of Appeals FindLaw.htm
Deutsche Bank National Trust Company, as trustee for Long Beach Mortgage Loan Trust 2005-3 does not seem to be registered with the NY DOS or the NY banking department.
Is Deutsche Bank National Trust Company, as trustee, not obligated to be registered with NY if in fact the bank is conducting business and securitizing loans in NY?
Second. If there is a pending foreclosure action [in NY] which has not yet been dismissed, can the “Lender” file another foreclosure action over the same foreclosure issue? A motion by the Lender to dismiss the first action [without prejudice] is pending and returnable on a date prior to the date when the Answer to the second foreclosure action is due. Same foreclosure action, two separate lawsuits. smh.
I presume the Lender is anticipating that the first foreclosure action will be dismissed and therefore proceeded with the second action. The second action alleges in part in the complaint that
“there are no proceedings currently pending, at law or otherwise, to collect or enforce the bond(s)/note(s) or mortgage(s).” This is obviously false. Both actions are currently pending to date in the same venue.
Should the borrower move to amend the motion to dismiss with prejudice as opposed to “without Prejudice”? I understand that the former would disallow the plaintiff fro raising the same claim twice.
One more thing. The assignment of mortgage was executed in July of 2009 by Jodi Sobotta. Does anyone have any experience with this individual? Is she a robo-signer..?
A simple web search of that name shows that Lyn Szymoniak has posted information on “Fraud Digest” regarding a number of LPS robo-signers and the list includes the name of Jodi Sobotta.
But while that is of note, do not pin your strategy to simply claiming the documents were signed by a robo-signer. You will need to put a lot more effort into it.
It does sound like those two actions should never be proceeding concurrently. I question if the borrower could request that both actions be joined into one and point to the false action in the second as cause for both to be dismissed WITH prejudice. I’m not certain
You really need to have a qualified attorney delve into this mess. You need to look at the recent posts pertaining to disputing these loans that Neil Garfield has posted on LivingLies.
Thank you. I wonder if the concurrent filings provide the basis for a cause of action for damages.
It just does not seem equitable that the Lender would file two actions and not even wait for the instant action to be formerly dismissed. Thanks again.
First and foremost it sounds like you need to hire a foreclosure defense attorney who is familiar with the whole Securitization issue.
Deutsche is acting as Trustee. They are listed with the California Sec. of State which is where they are located. Long Beach Mortgage is who “probably” Securitized it- all of this info. should be on the “original” note filed in the foreclosure action. Check where the endorsements are located- usually the last page or on an Allonge. Who ever endorsed it to Deutsche would be who probably Securitized it.
Great resources for great education : Foreclosure Defense Guidebook, Study what Securitzation is, Securitization/Bloomberg audits- you could do a search on the SEC site for Deutsche Bank National Trust Company, as trustee for Long Beach Mortgage Loan Trust 2005-3. The SEC is in NY.
As for your second question- again- you need to hire a really good foreclosure defense attorney who is working for the good guys.
sorry, meant to add- long beach mortgage is who you need to do the sec. of state search on to see if they are registered to do business in your state especially on the trust closing date.
Hell No, No More Bankster Bailouts
October 29, 2012 at 1:03 PM
In a quote attributed to Attorney Lynn Szymoniak “JP Morgan Chase should look at those cases where the bank has supposedly assigned mortgages to WaMu, WMALT, Long Beach Mortgage Company and NovaStar trusts years after the closing dates of these trusts.”
Lynn was posting a warning to JP Morgan Chase that they should cancel numerous foreclosure actions because they were fraudulent. The Long Beach Mortgage Company Trusts are ones that JP Morgan Chase frequently securitized mortgages into.
DocsToWork, you need to look at your original loan documents to see who the original lender was. It is really possibly some entity that later was controlled by JP Morgan Chase. The assignment of the mortgage into the Long Beach Mortgage Company Trust likely was not done properly. The relevant PSA and IRS codes are typically ignored.
Have you gone to your county registrar’s office and checked for all recorded documents related to your mortgage (this includes any assignments)? Frequently the assignment into the trust is only recorded after the supposed default occurs. Pull all your relevant documents together before meeting with a good foreclosure defense attorney. The more known facts you have available at that meeting, the more you may learn right away from the attorney. Present the known facts pertaining to your case and put together the questions you have on defending your property.
“America’s Wholesale Lender Corporation” did not exist at the time of your loan closing. It was established by a different group on 12/16/2008 in NY state, which is the state specified on your loan documents if they are the ‘standard’ fake “AWL Corp” loan format. The only place “Countrywide” shows up on the documents is at the top of the first page of the DOT where it is the address for “mailing after recording block”. That area is NOT an area that identifies your lender. It actually normally is your servicer. Yeah, we had CW as our SERVICER. That does NOT make it a “Countrywide” loan when they identified a DIFFERENT CORPORATION as the LENDER.
NO WHERE in the actual document does the word COUNTRYWIDE show up otherwise in the ‘standard’ “AWL Corp” contract.
NO MERS Resolution exists for the named lender. Check out the ‘ALDERAZI v BONY-MELLON’ case in NY state from April 2010 and 2011 when it was reaffirmed on appeal.
Countrywide TRIES to control these loans via D/B/A papers that they have filed in the local states or counties. BUT for MOST of the loans, there is NO reference to “Countrywide D/B/A America’s Wholesale Lender” on the loan documents. Instead the loan papers have “America’s Wholesale Lender Corporation”. That is NOT the same entity. That is why the other group was able to establish an “America’s Wholesale Lender Inc” on 12/16/08.
Countrywide also had a trademark for “Countrywide’s America’s Wholesale Lender” but that is ALSO NO WHERE to be found on the loan documents. Those arguments will be what you MUST defend against if you fight these loans as being fraudulent from the beginning.
If you follow Neil Garfield on Livinglies, he has had full articles on these loans which he calls ‘wild deeds’. Some judges do not want to take notice of the significance to the difference in the named lender. It IS important. If you ‘follow the money” in fighting your loan as fraudulent, you will find that the MONEY did not come via any “America’s Wholesale Lender Corporation”. How the HELL could it? It did not exist therefore, no accounts existed in that name – at least, none that were really VALID. Of closings that have been checked into, the funds did not come via any “AWL Corp” account.
In the Kemp case that was fought on the east coast, AWL was on the note but I’m not sure if the DOT showed the D/B/A. Regardless, that court case highlighted other problems with the Countrywide mortgages.
TC, are you fighting? Do you know what trust your loan is claimed to be in? Did they create the typical years-too-late assignment of your mortgage?
@ Hell No,
You are correct – that’s exactly what my lawyer told me; that AWL didn’t exist. She also mentioned that this would be difficult to fight in CA but would do it and we’d have a 50/50 chance of winning if we decided to. Yes, I had read info on Neil Garfield’s as well.
I had contacted April Charney in hopes of finding a lawyer in my area. I was referred to a wonderful, helpful lawyer who did give me much info over the phone as a free consultation. I hope she’s still helping homeowners fight the good fight.
Hell No, No More Bankster Bailouts
October 28, 2012 at 2:04 PM
@TC,
I’m in BK court and the local BK court has not been favorable to the banksters on attempts like you and I have. There can not be any MERS Resolution to make the assignment and various other recent documents valid. This means the documents they have do not make the ‘actors’ into actual creditors, let alone SECURED creditors. Also, the assignment did not comply with the PSA for the NY trust and it was way to late to assign it to the trust.
It really can come down to the part of CA you are located in. The BK courts are more likely to demand to see that the creditors that come forward are valid. The court is aware that I contend the loan is UNSECURED, never-perfected and they know why I bring that argument.
Countrywide apparently intentionally wrote a vast number of loans that did not properly identify Countrywide as any party to the loan. It’s name was only in the ‘addressee’ location for where the recorded document was to be mailed. That block at the top of the document is typically the address of the SERVICER, which was true for these loans. Countrywide then failed to actually comply with the PSA agreements for the Trusts that had possibly advanced the funds. The funds were possibly even co-mingled from the Trusts. Then the loans were most likely used as collateral at the ‘fed’ window. Certainly, Countrywide had a way to make money on the loans by not actually transferring them at the time. This willful non-compliance by Countrywide was documented in testimony in the KEMP case.
Countrywide now Bank of America. I feel I have a legitimate case against them for breach of contract since I have a commitment letter Approving the short sale. I think I need a good attorney to file on them before my time runs out to close Opctober 31, 2012. Thought about buyer sending in the $460,000.00 and hope BoA releases the first mortgage?
Any attorneys out there interested class action lawsuit State of Iowa??
Are you actually seeing “Countrywide” named on the the Note and Deed of Trust or Mortgage as the LENDER? Countrywide was the servicer, but usually, they had some other company named on the actual loan documents as the LENDER. It makes a BIG difference.
TC
October 28, 2012 at 12:54 AM
On mine CW documents, I believe it was Americas Wholesale Lender
AL WELLS
October 28, 2012 at 11:55 AM
Original CountryWide Mortgage November 2007
Then on the Original Foreclosure Petition Filed in District Court June 26, 2008 :
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICA’S WHOLESALE LENDER
June 2009: MORTGAGE ELECTRONIC REGISTRATION
MAY 2011:
THE BANK OF NEW YORK
OCTOBER 2011:
THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS, CWABS, INC. ASSET BACKED CERTIFICATES, SERIES 2007-2
Hell No, No More Bankster Bailouts
October 28, 2012 at 2:14 PM
@ Al Wells,
It is really unusual for the MERS documents to use the bogus “AWL Corp” name unless the original loan documents had the SENTENCE that read “The LENDER is America’s Wholesale Lender Corporation,,,,” and went on to cite the LENDER to be a NY corporation.
Something is REALLY funky for your foreclosure to be using a name that is not on your original documents. I have never seen this variation. The document filed would not be any more valid though. The AWL that does now exist is not being represented via MERS. As I said before, NO CORPORATE RESOLUTIONS EXIST for “America’s Wholesale Lender Corporation”.
@ AL WELLS ,
I presume you had some ‘flavor’ of a Countrywide loan. Am I correct? 2008-2009 was the period when CA then AG Jerry Brown reached the settlement with Countrywide that was SUPPOSED to provide for a large number of loan modifications to compensate for illegal business practices. Funny thing: the state NEVER did anything when the offered-and-accepted PERMANENT modifications were abruptly supposedly ‘canceled’ by Bank of America. Many borrowers made multiple payments on these PERMANENT mods that BofA was supposedly able to ignore. Those mods were all just a ‘set-up’ to push people into a default that they could not possibly cure.
WHO is the NAMED lender on your loan documents? You would not believe it, but on hundreds of thousands of loans, the named ‘LENDER’ was supposed to be a NY CORPORATION. Only problem: that corporation did not exist a the time of the loan closings. There are court case where they have not been able to foreclose because of the naming of what is termed a ‘straw’ lender, a lender that does not actually exist.
Look at your loan documents, if your lender is not actually named as Countrywide, then check to see if the ‘corporation’ existed in the named state (ususally NY) prior to the date of your loan. In hundreds of thousands of loans, the corporation was later filed on 12-16-2008. That corporation ha no connection to CW or BofA. Many attorneys fail to look at this point. If the corp did not exist, it has no MERS resolutions to allow anyone to sign for it also. Those loans were also never perfected.
Check out your loan docs and search state websites for the filing of the named corporation.
I’ve already supplied Beverly with the name of a San Diego BK attorney. The BK court rules differ even between the LA area (Pasedena is in the LA area) and other areas of the state. I know from experience having had to fire an LA-based attorney and hire a local attorney. The courts here really prefer to deal with the local attorneys who know the local system. You encounter this preference in meetings with the Trustee in Chp 13 meetings. Also, it is more expensive to utilize an attorney who does not have a local office because of the cost of the trips and the attorney has to attend the meetings with the Trustee, not just the actual court appearances. In other parts of the state, ‘appearance attorneys’ might be allowed, but my former LA attorney found out they needed to hire someone in the local area for San Diego cases.
I have an ongoing struggle with Bank of America that has been going on since 2008 when they reneged on a Loan modification and my family home of 20 years is now in foreclosure. My latest calamity is that since February 3, 2012 (9 months) I have been going through the Short Sale process at 3 different times and each time was terminated because of Bank of Americas systematic routine of “Saying one thing and doing nothing”, of doing the “Pass the file to every one including the Janitor until the client gives up” well I am not a quitter and Bank of America has a lot of questions to answer.
In my 3rd attempt at a Short Sale I was given an “Approval letter to close” by Kelly Kobelarek Kelly.kobelarek@bankofamerica.com Bank of America/Equator Short Sale Negotiator and Robyn Solars robyn.solars@bankofamerica.com 805.578.4936 Bank of America/Equator Short Sale Negotiator (SEE Attached #1) on September 27, 2012
Another letter was received October 8, 2012 (SEE Attached #2) confirming “Approval” of my Short Sale and stating it is in “Closing Status” from the Office of CEO and President Brian Moynihan. Each letter also stated that we had until October 31, 2012 to finalize the short sale approved.
Three days later Jennifer Cratch jennifer.cratch@bankofamerica.com designated Bank of America/Equator Short closer (SEE ATTACHED #3) e mailed Agent Chris Eden stating that the file had been declined no reason given. The next day I called Jeannie Torres jeannie.torres@bankofamerica.com 213.345.7760 and she said that their Compliance Committee “Just found out who the buyer was and they do not allow the 2nd lien holder to purchase Bank of America properties!”
This is completely false and nowhere in the process did they not know who the buyer was in fact Solon State Bank Mr. Neil Erusha Pres. nerusha@solonstatebank.com>, 319.624.3405 was named in the original Foreclosure Petition June 23, 2008 on the very front cover page. (SEE ATTACHED #4)
All through the Short Sale process Bank of America/Equator documents requesting information and disclosure were properly filled out and accepted by the various review committees that my file passed through….never once did someone question the 2nd lien holder as being the buyer also. In our first attempt in the Short Sale Process the Short Sale was terminated by the 2nd lien holder Solon State Bank because Bank of America/Equator would only pay $6,000.00 to Solon State Bank the 2nd lien holder for them to release their 2nd mortgage lien against the property. Solon State Bank has a recorded $500,000.00 2nd mortgage that they were agreeable to release for just $50,000.00 at time of closing to facilitate the buyer in the 1st Short Sale attempt in April 2012.
It was at this time that a Bank of America/Equator Short Sale Specialist recommended that the “2nd Mortgage Lien Holder” Solon State Bank (SEE ATTACHED #5) make an offer to purchase the property and go through the typical Short Sale process. (I have the name of this person) Solon State Bank tried to purchase the mortgage direct from Bank of America/Equator for the same terms of the 1st attempt but Bank of America/Equator Specialist insisted that the only way to get them (Solon State Bank) approved was to proceed with iniating the Short Sale process through Bank of America/Equator …..So begins the second Short Sale attempt with Bank of America/Equator begins.
Once again all the documents were sent in and reviewed for 3 months with Solon State Bank as the buyer and the 2nd lien holder on every line of every document pertaining to “Buyer” or “2nd lien holder.” Solon State Bank at this time since they were the buyer agreed to release their 2nd mortgage for the maximum allowed by Bank of America/Equator of $6,000.00 on their $500,000.00 lien.
(SEE ATTACHED #5) We were now at the Approval stage in the process and no further tasks were being requested Bank of America/Equator Short Sale Department and my agent Realtor Bill Wittig bill@wittig.com 319.631.6100 was assured all was good. On July 19, 2012 after no response to our e mails and phone calls to Bank of America/Equator Short Sale Department for weeks I was told that “File had been terminated July 9, 2012 because “I (Al Wells Realtor) was in the same Real Estate firm as the listing and selling Realtor Bill Wittig” We are not employed by the firm we are independent contractors. So after 10 days of no response to our daily inquires as to the status of our file we find out and were told “We will be sending a letter out in a couple days” I’m not sure we ever got one?
Now comes our current attempt #3 using the same buyer that we had for the 2nd Short Sale process Solon State Bank and 2nd lien holder I found a Realtor from another office that Solon State Bank agreed to use through the 3rd attempt for approval. Mr. Chris Eden Gateway Access Realty cteden@hotmail.com 319.631.3865 came onboard this train wreck.
Chris Eden, Agent submitted the same identical documents that were submitted and acceptable in the second Short Sale with the same information with Solon State Bank as the “2nd lien holder” and the “Buyer” with only the dates being changed and resubmitted for Bank of America/Equator review process.
Chris Eden Agent received “Approval letter to close” on September 27, 2012 and another letter I received October 8, 2012 confirming “Approval” of my Short Sale and stating it is in “Closing Status” from the Office of CEO and President.
Four days later as we were proceeding to close Bank of America/Equator verbally denied the Short Sale over the phone by “JEANNIE TORRES” on 10.24.2012 “We do not approve second lien holders to purchase our Short Sales” I asked Jeannie “Where does that appear on your forms, documents or 58 page Agent Instruction Manual and training videos?” her response “it’s in our INTERNAL policy manual and you will never see it” I said in the court of law all documents are requested so don’t say never.
This week I contacted Iowa Senator Chuck Grassley October 23, 2012 “SENATOR CHUCK GRASSLEY IOWA” Gary_Fisher@grassley.senate.gov 319.363.6832 and filed a complaint against Bank of America/Equator and I have also been talking with Patrick Madigan Patrick.Madigan@iowa.gov 515.281.4250 in the Iowa Attorney General’s office for the past 2 ½ years on this matter with spurts of success after Patrick contacts Bank of America on my behalf.
I have also had daily contact since Friday October 19, 2012 with Raevondolynn “Renae” Crooms
Customer Relationship Manager Office of the CEO and President raevondolynn.crooms@bankofamerica.com 800.669.6650. She told me that she had never heard of a “Compliance Committee” and is very talkative about Bank of America.
I have contacts and documents that support my case against Bank of America/Equator all I want
is to close on my Short Sale as Bank of America/Equator agreed to in their September 27, 2012 Short Sale Approval.
Can you help get this ongoing 5 year night mare with Bank of America some exposure to persuade Bank of America to reconsider their fraudulent behavior and close on my short sale to Solon State Bank immediately? I am an open book of my 5 years of almost daily conversions, please contact me to discuss.
Bank of America reason(s) for withdrawing approval; 1. Buyer is 2nd lien holder. 2. Investor reviewd aftert the approval and not interested anymore in the short sale.
Folks I tried to condense this but dont know what one needs to know to respond,
California – So my sale date is postponed ( received a letter from BOA CEOs Office stating sorry you are dissatisfied with customer service and at this time you are not in foreclosure and there is no sale date)
WHAT AN IDIOT – SUCH INCOMPETANCE I called the new servicer that BOA dumped on me 4 days before my previous sale date and said “WE ARE SO HAPPY WE ARE NOT IN FORECLOSURE”…. so new date is December 13, 20121 and I am researching attorneys dont know how to proceed my questions are as follows.
The basis of my foreclosure defense is forged signatures on (2011 from actual purchase June 2006 )assignment of deed of trust and also an older (2004) substitue of trustee forged including notary which laws state any documents that follow are void. The beneficiariy of deed of trust does not have legal documents to initiate or receive funds from my foreclosure. I dont even know who I should be paying . But I have seen where the judges have said it doesnt matter about forged documents. The entity I believe owns my note ( or part of) are currently sueing My mortgage payment history shows servicer mishandled missapplied or may not have applied payments received , loan modifiications principle reduction not applied till months later ( and 2 months BEFORE a signed notarized loan mod agreement) . Intent money the requested to show we wanted to stay in our home and process a loan mod was received by them but were not applied till months later. The NPV contained inaccurate entries from servicer. I received someone elses modification approval (accidentally sent to me from CEO /Pres office) where person clearly didnt qualify for loan mod – gross monthly income $2900 and $4200 going out to bills and new payment over $2000 a month ( his 2% interest rate is now 5.5% ) was approved for loan mod. After contacting the attorneys and I realize I dont know which way to go …my question now is
#1 do I file a TRO and a preliminary injunction – sue banks for fraud – one (bankrupsty) attorney said “you cant go running into court waving your fraudulent documents.
#2 file bankruptsy Chapter 13 and when “they” get in line for payment negotiations THEN we say where are the legal documents prooving my client owes you.
I dont know. I thought that forgery, was a felony and I thought that no good document could come out of a forged document. So from my 2004 executed 2006 recorded Substitue of Trustee that is forged by Assistant VP of MERS and forged by the notary maybe that document (although forged/fraud ) doesnt have any bearing on the documents that follow it??
I also thought that in order for the foreclosure to proceed that they would have to produce legal rights to proceed. I am amazed at Court is supposed to be where the law is period. But some cases sure havent worked out that way.
It is obvious from my payment history statement that the payments I have made are not applied when received , some are applied then 2 months later payment reversals, then perhaps the next month they are applied or they are never applied again???It is my understanding that my loan is not owned by them, but rather by trusts to which they/Countrywide sold the loans in the process of securitization. To pay Countrywide for the loans, those trusts in turn sold securit ies, often called “certificates” and sold in different classes or “tranches” to investors. Those same investors are sueing “them” for not securing the notes to the properties which are held for collateral. Investors themselves have stated that “they ” do not have the right to foreclose.
Do I hire a bankruptsy Attorney or an attorney that is going to sue?
IF ANYONE KNOWS THE CORRECT ANSWER PLEASE LET ME KNOW. THANK-YOU Bev barry_sheffer@hotmail.com
With bk you may want to look into adversary proceeding. Decision will depend on benefit, claims and how strong your case is. Generally, if there is fraud, predatory lending then you will have a strong case for damages from what I understand, of course get lawyer to review but those are areas you can look into. One distinction I’ve seen is statutory vs non-statutory. TILA etc fall into statutory with possible statute of limitations. Non statutory are civil cases with no sol I understand and relate to fraud, rights etc. I emailed you some info during the week.
forgive me hammertime does your email identify you as hammertime? I got a lot of responses and I will look for yours but how will I know its you email me again k
hammertime
October 27, 2012 at 2:43 PM
Just forwarded email with subject of “Hammertime 10/27 Fwd: Foreclosure case”
Here is an attorney in California registered with homepreservationnetwork.com (HPN), as an attoreny/someone in the know with how to defend and fight the good fight:
stephengoldenlaw.com
224 N. Fair Oaks Ave., Pasadena, CA
626.584.7800
Let me know if this helps as I do not know how close this firm is to help you as they are now helping a women illegally evicted from her home that is disabled with cancer and had a stay from the BK court in hand when the sheriff threw her out into the street without her meds this month as reported in the Huffington Post
I created The Chapter 13 Bankruptcy Self-File E-Guide to help debt distressed individuals file chapter 13 bankruptcy without an attorney.
Attorney fees can be out of reach for someone struggling with a difficult financial situation. Chapter 13 can stop a vehicle repossession, lower a car payment, or retrieve a repossessed vehicle. Here is a link to my e-guide. Thank you.
Florida 4th DCA Affirmed. Per Curium? WHAT?????? Forgery; fraud and white-collar criminals are rewarded by the Appellate Court? WHAT?????? Case No. 4D11-203. Please…help me understand…
(CBS News) There is a new twist in an increasingly bizarre case involving an encounter between a prominent investment banker and the LAPD.
Brian Mulligan, a Deutsche Bank executive with ties to the television and movie industries, says he was the victim of an unprovoked attack by LAPD officers in May. He claims to have sustained a broken shoulder blade, 15 nasal fractures and facial lacerations from the beating.
The arrest report says that Mulligan admitted to using marijuana and ingesting bath salts four days before the encounter. Mulligan’s lawyer said the allegations were made up by the LAPD to excuse what he called an “unmerciful beating.” The charges against Mulligan have been dropped, but he pursued a lawsuit against the LAPD. The LAPD has launched a force investigation into Mulligan’s charges and their defense may now hinge on the evidence found in an audiotape obtained by “CBS This Morning.”
According to CBS News senior correspondent John Miller, the tape reveals an encounter between Mulligan and Glendale Police just two days before the LAPD scuffle. In the tape, Mulligan admits to being “a little paranoid” and later told the officers, “I will tell you what … my lawyer will kill me … I went to a head shop and I bought some of that white lightning stuff.” He then admitted to snorting the “white lightning” up to 20 times.
White lightning is another name for bath salts, a commercial name for a synthetic drug that is similar to methamphetamine. The symptoms of methamphetamine use include paranoia, panic attacks and delusions, which, Miller says, could explain Mulligan’s alleged behavior on the night of his run-in with the LAPD.
Miller also reported that the LAPD has received the tape and interviewed the Glendale police officer involved and are satisfied that the man in the tape is indeed Mulligan. Mulligan’s lawyer had no comment on the tape. Miller added that Mulligan’s case against the LAPD will go forward but that the audiotape evidence presents “a real credibility issue” for the LA-based banker.
Federal Court in Texas Rules MERS’ Mortgage Assignment Valid
28 September 2012
FOR IMMEDIATE RELEASE
CONTACT: Jason Lobo
Phone: 703.652.1660
Email: jasonl@mersinc.org
Reston, Virginia, September 28, 2012—MERSCORP Holdings, Inc. today announced that District Judge Sam Sparks of the U.S. District Court for the Western District of Texas, Austin Division, recently dismissed a borrowers’ claim of wrongful foreclosure against Mortgage Electronic Registration Systems, Inc. (MERS) and five other defendants.
In Bridges v. J.P. Morgan Chase Bank, et al., Judge Sparks rejected the Plaintiff’s claim that her loan documents, including the promissory note and deed of trust, were not properly transferred and noted that the borrower lacks standing to challenge the mortgage assignment.
In his September 21st Order, Judge Sparks found that “under Texas law, foreclosure enforces the deed of trust, not the underlying note” and held that “nothing requires a mortgage servicer to possess the original promissory note as a prerequisite to foreclosure.”
Judge Sparks further noted that “[n]umerous courts, including this one, have held that a mortgagee [borrower in this context] lacks standing to challenge…assignments as she is not a party to the assignments.”
In addressing the specific “Fraudulent Lien” allegation – that the Defendants recorded invalid assignments of the Deed of Trust – Judge Sparks explained that “[a]t least two courts have concluded allegations of a recording of an improper assignment of the deed of trust does not state a claim under section 12.002 as the assignment is not a lien as defined by the statute.”
“What’s important to note here is Judge Sparks’ clear and unambiguous validation of MERS’ role in assigning mortgages,” said Janis L. Smith, MERSCORP Holdings vice president of Corporate Communications. “It is also worth noting that he went to great lengths to explain the different elements of a mortgage – the promissory note and the deed of trust – and how Texas law addresses each in the foreclosure process.”
For descriptions of cases and other materials pertaining to MERS’ business model and role in U.S. housing, please visit http://www.mersinc.org.
###
MERSCORP Holdings, Inc. is a privately held corporation that owns and manages the MERS® System and all other MERS® products. It is a member-based organization made up of thousands of lenders, servicers, sub-servicers, investors and government institutions. Mortgage Electronic Registration Systems, Inc. (MERS) serves as the mortgagee in the land records for loans registered on the MERS® System, and is a nominee (or agent) for the owner of the promissory note. The MERS® System is a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members.
Perhaps the borrower poorly framed her claim against MERS not sure if the borrower was pro se.. I wonder if the borrower’s claim should have focused more on the legal capacity of the beneficiary [Chase] to perfect the reconveyance.. provided the court emphasized that this is a deed of trust transaction.
Beverly Sheffer
October 19, 2012 at 11:46 AM
Who are you ? Can you help me find an Attorney in San diego area to represent me foreclosure Sale date November2, 2012 have forged signatures on my Assignment of Deed of Trust (MERS to BONY) signed by Cecilia Rodriguez (court in Texas looking for her in connection with signed foreclosure docs)and on my Substitute of Trustee (MERS to JACKIE BROWN) forged by Gabrielle Beck and Janie Reid (notary) also I have 2 Loan Mod Agreements same DOC ID # different amounts signed and motorized 6 months apart (Dec 2009 / May 2010) where Principle forgiveness was applied in March 2010 ?? What the hell? Did they forget the deal in Dec 2009? Not to mention the odd fees = up to $750 per month added to my mortgage payment late charges and fee? charges. Posterchild for a MOD begging for one Skank of America stringing us along for 2 years transferred servicing to Bayview Loan Services one day before our postponed sale date of October2, 2012 when we asked why they transferred us so close to sale date the CRM from B of A’s CEO office said he didnt know anything about a transfer of service and I quote ” sounds like a third party scam to me ” unquote well of course when we called same guy again it was well Bayview is your servicer. WTH? following that is letter from CEO office stating on one page sorry you are dissatisfied with customer service…..”as of this date you are not in forclosure and have no sale date” WTH? then she includes inthe letter package somebody elses freaking loan mod docs guy makes $2900 mo bills are $4200 congradulations you are approved LOAN MOD ( downside is we are picking up the difference in % rate from your old 2% is now %5 thankyou) …God my brain is mush the clock is ticking I have the bullets but no gun I NEED AN ATTORNEY SAN DIEGO area ASAP barry_sheffer@hotmail.com
1- MERS never had authority to even contract with a borrower, let alone claim any right, title, or interest in any mortgage. This is express language of the Electronic Tracking Agreements.THEY GUARD THESE WITH THEIR LIFE FROM ADMISSION INTO COURT.
2- There has never been a single valid MERS Corporate Resolution authorizing certifying officers by the Board of Directors. MERS did not even exist on the date William Hultman claims the BOD allegedly granted him blanket authority.
3- The MERS BOD cannot grant Hultman blanket authority for MERS corporate resolutions, as it is strictly against it’s Articles of Incorporation, requiring them to adhere to all corporate formalities.
4- A mortgage must be given to the lender, with whom the security interest attaches upon signing, per Article 9 of UCC. The lender can then assign the mortgage. The borrower cannot assign or grant a security interest to anyone other than the secured party.
5- Every assignment can be challenged by the borrower, by the covenants of the mortgage itself, which requires the borrower to warrant and defend the title, FOR THE BENEFIT OF THE SECURED PARTY.
6- The secured party has a duty to account for the collateral, to the debtor, under UCC Article 9-209.
7- The mortgage is not a security instrument, if delivery of the instrument does not secure the obligation of payment to the secured party, under UCC Article 9. It becomes a Document of Title under UCC Article 7. Once a document of title becomes an electronic record, as MERS does, the tangible instrument (wet-ink mortgage) becomes void.
8- Under UCC Article 9-318, MERS cannot “innoculate” against assignments of security instruments, when it results from the sale of the note. The seller must deliver to the purchaser all right, title, and interest to the note and security instrument.
Ex-Credit Suisse banker arrested in UK
The Wall Street Journal
27 Sep 2012
UK authorities arrested a former Credit Suisse investment banker on yesterday in connection with US allegations that he and others at the Swiss bank conspired to inflate the values of mortgage bonds during the financial crisis.
Kareem Serageldin, the former global head of the Swiss bank’s Structured Credit Trading business, was taken into custody by the Metropolitan Police in London outside the US Embassy yesterday, according to a person familiar with the matter. The Metropolitan Police didn’t immediately have a comment when reached on yesterday.
He was among three people who were charged criminally in the US in February, but he resides in the UK. Preet Bharara, the US attorney in Manhattan, has previously said prosecutors would seek his extradition if he didn’t return to the US voluntarily.
Serageldin, a dual US-UK citizen, is expected to appear in court in the UK today and the US will likely to seek his return to the US to face charges of criminal conspiracy charge, filing false books and record and wire fraud.
Sean Casey, a lawyer for Serageldin, declined comment.
The two other men, former traders Salmaan Siddiqui and David Higgs, previously pleaded guilty to conspiracy charges. Those pleas in February marked the first successful criminal case against Wall Street executives in relation to the US financial meltdown.
A spokeswoman for the US attorney’s office in Manhattan declined comment.
As the US real estate market began to deteriorate in 2007, Serageldin and others allegedly began manipulating the value of securities backed by mortgages in a trading book, known as ABN1, federal prosecutors in Manhattan said in the criminal indictment of Serageldin. They allegedly did so in order to give the false appearance the ABN1 book was profitable and in order to secure significant year end bonuses, prosecutors said.
Mortgage portfolio valuations lay at the heart of the financial crisis and market turmoil of 2008. Investment banks took hundreds of billions of dollars in write-downs of their mortgage portfolios after the real estate values plummeted.
Credit Suisse, which wasn’t charged in the matter, terminated Serageldin and the other men when the alleged misconduct was discovered in 2008.
It’s laughable of the widespread fraudulent signatures that continue and no State AG’s seem to care. Is it ok if I submit a sastifaction of mortgage and sign these aholes name as well and file?
Hi Everyone, I would really appreciate if some of you heavy-hitters would go slap around the trolls on this comments section for this article, I’ve been hitting them pretty hard for the last couple of hours, but now the site has stoped me from putting anymore stuff in..:-) Hugs all around, Penni
If indications are correct Ohio will lead the way in taking down these rogue banks that have misused the privilege we the people gave them to live off of the interest on the labor of hardworking Americans. We will have to use the full force of the law to deal with this menace.
Can’t thank people like Gretchen Morgenson enough for exposing the fraud and greed still prevalent in our society.
It’s all part of the Agenda 21 plan…localize the governments into smaller more compact units, have them seize the land and then ‘relocate’ the people into ‘urban centers’..better control that way…and yes, the banks are behind it , much as they say it ‘would be unfair to the INVESTORS & then of course the people who would have to pay higher interest rates”..yeh right, IT’S A LIE! IT IS DISTRACTION & THE — USE OF REVERSE PSYCHOLOGY ON THE MASSES….what is UNFAIR is that the corrupt bankers, lawyers , court officials (judges) don’t really have a legal leg to stand on other than what WE allow them to get away with! What is UNFAIR is that the vast majority of people do not yet realize that THERE IS NO INVESTMENT, all the investment money is GONE, it’s offshore in bank acounts $16 TRILLION gone…from our economy, the FED is corrupt as well & needs to be stopped, not renewed, a new monetary system needs to be introduced and implemented and the people all over this country need to get their ire up and their asses in ggear & BECOME A FORCE IN THEIR LOCAL GOVERNMENTS…this is the ONLY way that we will be able to stop the accelerating downward spiral of our communities & country as a whole…
Doesn’t mean we shouldn’t keep on keepin’ on….yes, the overwhelming evidence of corruption is blatant, yes, it SUCKS BIG TIME, yes it is discouraging, humiliating and despicable…BUT…there will eventually come a time, whether or not it will benefit us directly with what we are dealing with in the present, that this evidence will not only benefit someone, but will work to the detriment of those SCUMBAGS WHOSE ASSES WE WILL KICK FROM HERE INTO TOMORROW!
That is what I am looking forward to.
Now is the time to put in your 2 cents to the Consumer Financial Protection Bureau, they are asking for comments in order to make regulations to keep mortgage servicing agents accountable.
Here in NYC , five appellate judges, Saxe,Friedman,Moskowitz, Freedman and Richter
LIED
and changed the dates my case Marilyn Lane v. Astoria Federal S & L was in
The Southern District of Federal Court from the true date of May 8 1997 THRU July 29 1997 to something the five judges made up so that the void ab initio judgments signed on June 30 1997 in NY state court without jurisdiction looked valid and that NYC judge Alice Schlesinger COULD TAKE A BRIBE FROM CORRUPT Fidelity National Title attorney Thomas P Malone and Corrupt Attorney David K Fiveson of a scam title company he called Coronet Title AND perpetrate TITLE FRAUD.
Even though NEW YORK CHIEF JUDGE JONATHAN LIPPMAN decision states this is not Constitional – they are still in my two condos.
DOCUMENT EVERYTHINGYOU WANT WHEN YOU GET CORRUPT JUDGES YOUR DOCUMENTATION GOES OUT THE WINDOW.
@ conlaw3 I thank you for that suggestion VERY much! I will do it.
Her ADVICE IS GOOD, SHE JUST STOPPED A LITTLE BIT SHORT. each of your witnesses should individually describe what they observed in the court room AND MAKE A NOTARIZED STATEMENT ABOUT IT. yOU SHOULD THEN file it in the record for purposes of your appeal. Remember this, if its all you take away from this, you are in the lower court to register all your issues for appeal
NM – so did you all hear about Bank of America giving foreclosed homes to injured war veterans? Wow, talk about spin – they certainly are the masters. Makes me sick because the only reason they are doing this is because the public is disgusted with them. Doesn’t change what the banks have done but watch it shift the view of the American public. Breaks my heart how swamped we all are and how hard it is to really make change.
I personally think it is another stall strategy to keep heads from rolling and to pit illegally foreclosed-on homeowners against vets…? I know it sounds good, but how the HELL do you GIVE AWAY HOMES YOU CAN’T PROVE YOU OWN??????? the bankers are just not wanting to meet the axe that is coming their way, they want vets to NOT protect the people who are going to be at the governments throat for the destruction they have caused. Once the elections are over..no more ‘mister nice guy’ GIFTS from either wall street, OR our government…I would assume those homes they will be giving away are the ones they have no legitimate paper trail on.. I would highly suggest that you all watch this vid, it is coming down soon, it has been in motion for years, we just weren’t paying any attention….;-( Penni
This vid helps explain the MILLIONS of illegal foreclosures every year, also the expenditures of local governments ( despite public outcry or voting AGAINST more local indebtness for decades to come) to build up their courts, their police forces and leasing all the blm land in your state for Oil & Gas ‘development…
This just shows that God can make good out of any bad situation, regardless of B of A’s intent it will be a benefit to those soldiers.
Gari
August 24, 2012 at 10:24 AM
I agree justice but what breaks my heart is how misleading this is to the public. in my opinion, this is somewhat of an example of what some try to argue for the invisible hand of adam smith and how the market will manage itself but what i see is massive manipulation and soldiers dying daily for economic greed. maybe my glass is half empty this week! monday kicked my ass emotionally and physically in court though for now i have prevailed. just having a hard time trying to stay in the solution of hope rather than the defeat of disgust.
The most recent updates includes several new cases on “holder of the note” standing:
In re Knigge, 2012 WL 1536343 (Bankr. W.D. Mo., April 30, 2012): The creditor, as the party in possession of a promissory note endorsed in blank, was the “holder” of the note and was entitled to enforce the note; while the deed of trust referred to in the note required the debtors to perform a variety of undertakings beyond the payment of money, such as “occupy[ing] the property, refrain[ing] from wasting or destroying the property, maintain[ing] insurance on the property, and giv[ing] notice to Lender of any losses relating to the property,” these additional undertakings did not undermine the negotiability of the note under Missouri law.
In re Griffin, Case No. 11-1362 (9th Cir. B.A.P., April 6, 2012), appeal filed, Case No. 12-60046 (9th Cir., filed June 18, 2012): The stay relief movant’s providing a copy of the Chapter 7 debtor’s promissory note, along with a declaration stating that the copy was a “true and correct copy of the indorsed Promissory Note,” was sufficient to demonstrate that the movant was in possession of the note. Under Fed. R. Evid. 1003, “[a] duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original,” and the Chapter 7 trustee had not presented a genuine question as to the note’s authenticity such that the original would be required; since the note was properly endorsed in blank, the movant was a holder of the note entitled to enforce it.
continued
In re Balderrama, — B.R. —-, 2012 WL 1893634 (Bankr. M.D. Fla., May 16, 2012): In Florida, standing to enforce a note depends on the type of negotiable instrument the note becomes upon execution. If the note is endorsed in blank, it becomes a bearer instrument and can be enforced by the party in possession, regardless of how that party obtained the note. When a note is payable to an identifiable party, however, the instrument becomes a “special instrument,” and only the party or its assignee, specifically identified as the proper holder, i.e., the holder in due course, may enforce the note. Here, because the movant claimed that it held a special instrument specifically endorsed to the movant, it needed to prove that it was a holder in due course.
In re Fennell, 2012 WL 1556535 (Bankr. E.D. N.Y., May 2, 2012): A party holding the debtor’s mortgage note endorsed in blank is entitled to enforce the note and has standing to move for relief from stay.
Here’s response I received from the settlement monitor. Can’t intervene on individual basis but may force stronger enforcement if we engage the process.
Grey area that we may be able ot push is that funds are set aside for legal aid etc. How exactly does that fit in if they can’t intervene?
Thank you for reporting your loan issue to the Office of Mortgage Settlement Oversight. We appreciate your time and willingness to help inform the settlement’s monitoring process.
As the Monitor, I cannot intervene with the servicer on your behalf. However, the information you have provided is very important because it allows me to see firsthand how servicers are treating their customers. If a number of consumers are experiencing similar problems with a particular servicer, this may represent a pattern or practice in violation of the agreement that I need to investigate further.
With your participation, I can better enforce the mortgage servicing standards outlined in the agreement, which helps make the settlement more meaningful for homeowners across the country.
Thank you again for your help.
Sincerely,
Joseph A. Smith, Jr.
==============================================
Office of Mortgage Settlement Oversight
301 Fayetteville St.
Suite 1801
Raleigh, NC 27601
HIRE a Court Reporter and have witnesses come with you to court…at least that will give you evidence for an APPEAL…without it, your even more screwed….just some advice from the one who went before you….then, call your county and ask if they are using the eminent domain stratagy to save homes and stop these bastards!!!
I can tell you’re pissed, I am too…my fighting to my last breath is not just to keep my home, but my liberty, my life and the lives of other people, including my daughter & grandson…the scope of the problem we are all facing is MUCH< MUCH larger than just the ripping off o flands & properties from homeowners and tenants…I am talking about the ability to live…to survive without fear, to regain the lost freedoms which have been stripped from the contitution & bill of rights, I am talking about being able to live well & prosper in a country where the governmetn is no longer FOR the people, but corporations. I am talking about everything that I hold dear in my life, not neccessarily my house or my little 1/4 acre of land. What I am willing to fight for is the justice that MUST take place, changes that MUST occurr. I am not going to spend my life trying to hold off an illegal eviction, altho I do appreciate your suggestion about hiring a court reporter, I did have 4 witnesses in court with me last time, I don't know if it will help my case that they were able to cleearly see the corruption of the rule of law that went on while we were there, but it certainly made me feel better to have friends behind me in the seats..:-)
What is occurring in this country is happening all over the world, because of the same people, the dame banks and the same investment firms, we are up against a 'cult' of people who have little regard for human life, mush less human dignity…they are right now instituting a plan to start a New World Order…it has just been happening in the last couple of decades but for a couple of hundred years, they have now reached the pinnacle of their power and are bringing it to bear upon us.
Will a civil war break out becuase of this? It obviously has in other countries, whether or not the numbers of Americans will actually stand up will be equal ot the task is yet to be seen..I will be one who stands, till my last breath…:-)
ohioan
August 23, 2012 at 9:54 PM
To Penni and all the other noble souls on this forum. Please keep a watch on this page. I am hearing of some (non-violent ) collective action campaigns that are being organized in Ohio in conjunction with the Occupy groups. Here is a sample question that is being asked:
Is it true that the majority of the mortgage loans made by Banks are made from virtual money created by the Fractional Reserve system administered by the Fed? In other words only a small percentage of the principal you borrowed is from real deposits. If this is true the banks can and should be reappraising housing values on a mark to market basis, should they not?
They are working on uncovering the numbers and exposing the truth behind the operations of the overgrown finance industry that has been holding on to the reins of society much to its detriment, and how the people are going to take it back – all together, all at once. A few thousand people will be needed for these campaigns so please be ready when the time comes to stand up and be counted. More to come…..
Her ADVICE IS GOOD, SHE JUST STOPPED A LITTLE BIT SHORT. each of your witnesses should individually describe what they observed in the court room AND MAKE A NOTARIZED STATEMENT ABOUT IT. yOU SHOULD THEN file it in the record for purposes of your appeal. Remember this, if its all you take away from this, you are in the lower court to register all your issues for appeal
you can stand up for your rights all you wish…fight to your last breath and blah blah blah throught the corupt court system…however, when you see the notice to evict on your front door when you return from taking your kids to school, even as you are continuing to submit another pleading or motion…the reality will smack you in your face that you read my experience on this forum and thought of me a negative!!! I’ve just been where your at and down this road is not working!!! You are all right, however, it doesn’t matter…
I might suggest contacting your county clerk or city hall and ask about the eminent domain stratagy many counties are now considering…the counties are out millions of dollars and going bankrupt because of the non filing of transfers, assignments etc. becuase of MERS so this is what hey came up with to fight back! Read about that direction and stop wasting your lives fighting in the courts!!! I’ve fought your battle and know all too well how MOST will never win…even if it is your last breath…the sheriff is coming and WILL throw you out!!!
I applaud all on this site for your continued sharing…that is what it was created for! To read that you will fight until your last breath and we have rights and it’s our land for our children and on and on just shows you have not yet had the courts do what they do to protect the Banksters….no matter how much fraud, lack of standinb, not the party of interest and no frggin note, when the Judge has had enough, your case will be lost by anyway the court sees fit….then another court will grant the foreclosure, with no jury and no court reporter (unless you know to hire your own in advance!) …when your years of fighting for what rights you thought you had come down to finally realizing the courts are ruling against you and a sheriff will be at your door soon, then you tell me how you will fight with your last breath? Wake up and go in another direction…the courts are corupt and only 1 in a million may ever win…try contcting you county clerk or city about the eminent domain stratgy?? Anything is better than fighting in court. It’s like trying to run a race and the judge has tied your shoelaces!! Don’t disbelieve me…( am sharing my experience and as hard as it may b to grasp, its the trith…
This article explains the court case here in Oregon, the issues, relating to MERS, and begins to describe the significance for homeowners http://www.oregonlive.com/business/index.ssf/2012/07/in_victory_for_homeowners_oreg.html
There is always good information available at projectreconomy.org about fighting foreclosures in Oregon. While each state has its own laws. MERS is a national system that has left itself open to fraud and abuse. This case effectively requires sixty percent of homes in danger of foreclosures to be reviewed in a court. So, even in a nonjudicial state, the courts may require litigation when the chain of title breaks down and the mortgage documents lack legal signatures.
Has anyone seen this yet?Isn’t it about time to start a HUGE class action against not only JPM?Chase, but also any of th e’court officials , foreclosure mills & anyone else who had a part in this for illegal foreclosures since sept of 2008?????
OUT OF THE MOUTH OF JP MORGAN CHASE: SCHEDULE OF LOANS PURCHASED FROM WAMU DOES NOT EXIST; NO ASSIGNMENTS OF MORTGAGE, NO ALLONGES OR ANY EVIDENCE OF TRANSFERRING OWNERSHIP OF LOANS FROM WAMU TO CHASE http://afnetwork.org/emails/268925?s=de20e9af
Here is the BLUEPRINT that shows the INTENT to defraud and to file foreclosures from the INVESTCO prospectus from Wilbur Ross company. they PLANNED to foreclose (see below) due to the tax advantages to the prospectus. It was designed cradle to grave to steal the property and not get taxed on it. \
Foreclosure Property
Foreclosure property is real property and any personal property incident to such real property (1) that is
acquired by a REIT as a result of the REIT having bid on the property at foreclosure or having otherwise
reduced the property to ownership or possession by agreement or process of law after there was a default (or
default was imminent) on a lease of the property or a mortgage loan held by the REIT and secured by the
property, (2) for which the related loan or lease was acquired by the REIT at a time when default was not
imminent or anticipated and (3) for which such REIT makes a proper election to treat the property as
foreclosure property. REITs generally are subject to tax at the maximum corporate rate (currently 35%) on any
net income from foreclosure property, including any gain from the disposition of the foreclosure property,
other than income that would otherwise be qualifying income for purposes of the 75% gross income test. Any
gain from the sale of property for which a foreclosure property election has been made will not be subject to
the 100% tax on gains from prohibited transactions described above, even if the property would otherwise
constitute inventory or dealer property in the hands of the selling REIT. We do not anticipate that we will
receive any income from foreclosure property that is not qualifying income for purposes of the 75% gross
income test, but, if we do receive any such income, we intend to elect to treat the related property as
foreclosure property.
Hammertime
August 23, 2012 at 4:22 PM
Another piece of the puzzle we’ve heard about but this nails it down with an actual case.
I wonder how the investor lawsuits fit in when they go after servicers and lender.
Talk about having the Court House door slammed in your face and how discouraging it becomes, day after day, then month after month and now year after year. Here’s a quick story….
Here in Colorado we are a non-judicial foreclosure state that requires that a Judge issue an Order Authorizing Sale in what’s called a Rule 120 Hearing after the, whoever, files for foreclosure and then we have elected and appointed trustees, one for each County, 52 in all.
Anyhow, most of the time the homeowners don’t show up for the hearing so the Banks lawyers get a freebee and the OAS is granted out of hand by the court, a sale date is set and a couple weeks later the sale is held on the court house steps outside the back door and a month after that you get evicted. If you show up for the hearing the Judge asks you when you made your last and bango, your in default and the OAS is granted and the outcome is the same.
So this time I put together a 15 page brief in objection to the Banks claims, with 11 exhibits, 6 subparts and 2 certified documents from the Clerk and Recorders Office. Fraud on the Court, standing issues, not the proper party in interest, etc., etc.. I serve the Petitoners and show up to court, early on the morning of the hearing.
The Judge asks me if I’m ready to proceed, I step up to the lecturn and say yes, look around and I’m the only one there, no Banksters, no lawyers, just me. The Judge says, “Guess maybe Petitioners didn’t think I would let you proceed over the service issues, technical, Judge rules in my favor over that issue and decides to proceed with the hearing absent the Petitioning party. Make matters worse, he decides to advocate for the absent party and pulls a few rabbits out of his robe, issue and arguments that weren’t even being raised by me and especially by the other party who never even answered my brief in objection.
I know, I said this was a short story. Almost done but have to continue on next post.
Hi Dan C. – I have almost the same stuff happening (in Colorado) tommorrow – please, you have got to finish your story so I know what to expect – please, please write the rest of it ASAP. TNX!!!
Dan C.
August 23, 2012 at 4:43 PM
Hi Deb,
Didn’t get back to this until just now. How did things go for you in Court today? I know how most of them go and I hope your’s turned out different.
I’ve got some information for you if the Rule 120 hearing didn’t go in your favor. There is a way you can seek, two ways actually, a review of the 120 hearing and after that goes against you you can appeal those decisions. It’s a back door into the court house but better than being locked out completely.
Okay, so 45 minutes later and after the Judge produced a copy of the original note, never did figure out where he came by that, someone had to have an ex-parte meeting with the Judge to hand that off because I was never given an opportunity to question the authenticity of the submission prior to its apperance in court. But the Judge gets put on the spot when I ask him to turn to the last page of the Note and tell me what he sees there. Judge say, “Nothing,” and I say, “Correct, your honor.” Not one assignment, transfer, successor or heir, listed on the Note that I signed in 2003 and the Judge states for the record that the Note is missing 2 if not 3 endorsements necessary to substantiate the position of the party claiming to be the holder of the note. But that’s okay, says the Judge, because the Bank is foreclosing on my Deed of Trust and not the Note. Petitioner’s motion granted.
That was the sound of the Court House Door being slammed in my face while my foot was still on the threshold, and to make matters worse, A ruling in a 120 hearing is not considered a final judgement and is, therefore, not an issue for appeal.
I have the 45 page transcript of that hearing, a page a minute and I read the damn thing at least once a month just to get fired up and go back to work on my newest arguments.
The long short story for those who were wondering how they do things out here in the Rockies. Retreat, Hell……
TheGrey
Hammertime
August 22, 2012 at 9:26 PM
Wow. No one way is the right way since courts can be corrupted as well. As someone said we gotta try all the angles. At the same time as well. Gotta use quantum physics! Watched PBS yesterday.
Seems all the recent MERS cases recently should make clear the Deed is worthless without the Note unless I’m missing something.
Weren’t there a bunch of FL conflict of interest cases w/ judges?
My e-mails to AG Harris keep coming back undelivered. Does anyone remember or know where I can find Ms. Harris’ direct e-mail address?
A year or less ago her address was listed on one of these sites so people could directly send e-mails to her in support of her position against the quick fix 50 state settlement with the Top 5 TBTF Banks. Well, she caved anyhow, along with the rest of the hold outs.
Let me know if you’ve got that address, I’m trying to get my second complaint to her directly concerning BANA’s California Assignment and Acknowledgement fraud Conspiracy being run out of Countrywide’s old office’s there in southern Cali where the whole damn mortgage, MBS, credit default swap, housing bubble cluster duster deal was perfected in the first place (Angilo Mozilo).
Can’t get a response from the AG’s Fraud Div. but that doesn’t surprise me none.
That would be nice to send her a massive petition if the aid doesn’t come soon!
My experience was to send a QWR to disputed lender in last ditch effort to stop a sale in July and I sent copies and complaints to my Congressman, Assemblyman and County Supervisor.
They all took time to speak to me and opened their own cases. County Supervisor forwarded my information to the County Consumer Affairs and they opened a Real Estate Fraud case. Congressman’s office is monitoring my communication w/ the Comptroller. Assemblyman’s office made a personal referral to AG and said they were going to contact me personally. I will make my judgement when next round is completed.
There was interest in a letter I included regarding former AG (Gov) Brown’s actions against Chase in 2010. It was signed by a Deputy Attorney General Benjamin Diehl Benjamin.Diehl@doj.ca.gov Maybe you can try there.
I hope to report on what the results will be from next round of communications and will publish details then.
Last I checked there was no monitor assigned or way to submit complaints through national settlement web site which is still dependent on lender.
Let us know if you try similar approach and/or what kind of responses you’ve rec;d from AG even if it’s a non-response.
For now CA is behind Massachusetts in it’s implementation.
@Elyse – You got me going on here around three years ago!
Sorry it hasn’t worked out but I agree for a need to do something different. As others have said even if we “lose” we can make this bigger than our individual case. As someone said we need to keep in mind civil rights issues of the past and make this a rights issue as much as possible. In that context we’ve done alot. The GOP denied us any aid at all when the banks were behind the crash but were too big to fail, then the administration didn’t want the settlement to have ANY teeth to it. Has very little teeth but we can take civlil action that banks and their allies in Congress did not want to allow. The AGs that took action did so because they got pressure from homeowners and their advocates.
I like the idea of a conference or some action before the election. If we can build to that we can make a real difference. We do need funds, coordination and we could leverage the internet to do that. I’ve approached this site and others that are legal/reserach oriented with little response; some very good people have also provided great information and support.
In fact the settlement allows for education funds etc. We have to make sure it doesn’t go to the modification non-profits/lawyers merry go round.
I need to focus these next couple of weeks on whether I keep going on my case but want to pursue these ideas.
@hammertime…dont give up,go at this at ALL angles,involve all you can,bring this FRAUD into the light,for every homeowner that gives up or quietly settles with crooks is a MAJOR blow against what is trying to be done here..im placing a sign in my yard stating the fraud that i CAN prove against chase,its not a major blow to that bank but maybe someone about to purchase a home will not fall victim to Mortgage Servicer Abuses..theres a million ways to get them to listen,i say TRY EM ALL….knowledge IS POWER,& what ive came to notice,the media is a great tool/voice to air this dirty FRAUDULENT actions against millions dont you think?but please keep goin,you’ve made it this far,& alot need your voice to help put the nail in the coffins of shady,liars,crooks STEALING our homes…& it is STEALING.
Hammertime
August 22, 2012 at 5:08 PM
Thx for the encouragement. Great ideas and I completely agree on media. I have some contacts and interest in my case. The squeeze is on though and I have a tenant and major property issues and other issues so I may have to put my battle aside to keep going against the fraud.
I went w/ my own advice on local govt front as I was basically forced to engage them when local govt intended to prosecute me w/ the city attorney with tough but positive results in exposing the fraud at the bureaucratic/policy level I believe. Without a lawyer I made my issues about the UNLAWFUL foreclosure that city ignored.
I definitely understand people’s frustration w/ complaints etc as I’ve gone through the whole maze w/out a lawyer (actually had a possibly corrupt lawyer at one point) and will report when it’s time what the actions/inaction was. So we should not only make complaints but engage and question the actions and results as much as possible and as you’re saying make them as public as possible along w/ the fraud staring us n the face.
I’m trying to figure out how I can do so w/out jepoardizing my case. If there is no way I’ll drop my case w/out acknowledging the disputed lenders/servicer standing if they or agencies won’t address the fraud as far as I have taken it w/out access to the justice .
Are you in CA? We should definitely compare notes.
If there is any way I can team up w/ anyone out there on research or comnmercial market research or other information needs for business or commercial real estate I can possibly make a last stand on my property on financial front. If there is anyone in position to start a non-profit I can provide foreclosure and real estate data. Actually I can provide info and analysis for most any non-profit or business. I would be willing to share profits and on non-profit homeowner advocacy front we could start a legal fund or pursue legal aid from the settlements.
Penni
August 22, 2012 at 8:16 PM
KUDOS, I AGREE WHOLEHEARTEDLY!!! WE NEED OT KEEP FIGHTING, NO MATTER WHAT! THEY ARE HOPING THEY WILL WEAR US DOWN, THAT WE WILL QUIT, I WILL NOT QUIT, I WILL NOT GIVE IN, I WILLNOT NEGOTIATE WITH DOMESTIC TERROISTS, WHETHER THEY ARE IN CONGRESS, THE WHITE HO– USE OR THE BANKS, INVESTMENT FIRMS OR IN THE BIG ROOMS IN BIG HOTELS OWNED & OPERATED BY THE BILDERBERGS!!!! SCREW AGENDA 21, SCREW ALL THOSE WHO THINK THAT ALL AMERICANS WILL JUST ROOL OVER & SUBMIT!!!
I hate to rain on that parade, but unfortuantely, it doesn’t fit into the Agenda 21 issue…:-( Unless we got MASSIVE, & I mean MASSIVE amounts o fpeople to march in the streets, write letters to the editor, have someone like Matt Tabii writing an article in rollling stone about the total CORRUPTION of congress & the government AGAINST THE PEOPLE Of AMERICA, I don’t see them being swayed too much on our behalf. I bleieve it’s true about what David Kreiger said to do which is ‘keep bringing suit against the lawyers & the lenders for every little things until they are expending so much energy trying to put out fires that it costs them too much to deal with us anymore!!!
Hammertime
August 23, 2012 at 4:04 PM
My thinking is the small things and the big things go hand in hand. It is the lenders that use the small things to drag things out (unlawful as well in CA or Fed mortgage law I believe) even as they accuse us of doing so. We need to do what we can to survive but if we keep an eye on the big things of justice and fairness the facts and history are on our side.
They accuse us of being deadbeats as THEY steal our treasury AND our homes. Politicians talk about being responsible while they take their money.
Just tell me: (rhetoricallly speaking?) in any single case
– where did the potentially hundreds of thousands in corporate advances go?
– if there are problems with my title or you have clouded my title w/ MERS did you or the original lender collect 100% on title insurance? And if I paid for it don’t I deserve some consideration?
– what happened to my original lender, why should I pay you? will they make me pay THEM down the line if you are an unlawful servicer/investor/lender etc
Just answer these simple questions, no rhetoric, no ideology, and THEN I’ll move along unless I do so to be responsible to my tenant and my community. But I won’t negotiate until these questions are answered and I will pursue my rights after I’m gone.
I have fought a regal battle against MERS and 4 different banks, none of which owns my loan and never did and never could…there came a time when my case was dismissed on a technical error and the Judge threw my case out after doing all the right things…even continuing to pay my mortgage payments as to show the Court that I could afford my payments…I filed 3 Motions for re-considerations and all 3 were denied…I remember saying to the Judge that it seems rather unfair to “give” my home to the very banks I am suing after providing all the forged and fraudulent documents on a technical error? I cited that pro se litigents are NOT to be held to the same strick standards as the professional Attorney’s….it didn’t matter!!! Within 6 days, I was then in the Unlawful Detainer Court where the Judge there never even let me say a word, show my proof of froged Assignments, which I had blown up on poster boards for a professional appearance…No Jury, No court reporter and NO JUSTICE!!! We are railroaded and if you want to say I threw in the towel, well, the Sheriff received the ORDER TO VACATE and I was to be out on the streets within days!!!
I could no longer fight the battle because I could not get any Justice…No DA, NO FBI, NO OCC, NO Dept. Of Justice…NO ONE WOULD HELP!!! Even though “right was on my side”….I was one of 37 homeowners that day who lost…again…no jury, no court reporters etc…and that court is open 5 days a week 8 hours a day…and it will continue and continue.
I don’t have all the answers, I am just commenting on this site because I have been on it for 4 years and see the same advise over and over…my comment was…DON’T BOTHER…it doesn’t matter, the fraud is too big to fail the banks and you can hold onto the same hope I did…until the sheriff comes and throws you out of the house you fought for…
My advise is to try something different…LIE…CHEAT and STEAL .that’s how they play!!!
You are one in a million…setp into any courtroom in and county in any state and watch the BS…with or without an attorney…with or without a forensic report and investigator that conducted it…IT FRIGGIN DOESN’T MATTER!!!
More, millions more, are loosing to your one!!
Congrats…
The bank Astoria Federal S & l admitted they never only my house when they sold it and its indemnify and the title companys arestepping to indemnify the people who havethe forged deeds BUT Fidelity NATIONAL TITLE AND A SCAM COMPANY CALLED cORONET TITLE REF– USED. AND ARE STILL IN MY PROPERTY SINCE THEY TOLD JUDGE aLICE SCHLESINGER OF NYSC THEY HAD EQUITY AND SHE TOOK IT.
@elyse,I get what your saying,& YES its beyond madness,but GOOD always prevails against EVIL….not on its own always,thats were this site comes into play,1-500 saying the same thing is chatter,BUT if ALL stand together chatter becomes a deafing noise that WONT be ignored,& your words wasnt wrong,at all,what i think is that rubbed people wrong was the thought of loosing your voice,you seemed defeated/fed up…as most are..to create REAL change we MUST stand together & fight against this madness,im fighting with all i have because WRONG is WRONG,& if i loose,i WILL continue to fight for others…as far as the depts you’ve contacted,bbb,occ,fbi,etc…they CANT act as your personal lawyer but by contacting them you have made them aware of the fraud & they WILL investigate your claims,so its not that they didnt help,read what all the cfpb,occ,fbi,sec,fha,fhfa ARE doing,ALL banks involved are being SUED by these depts for all mis-deeds/FRAUDCLOSURES,& i believe its changing because our voices are NO LONGER just chatter…i wish you & your family peace & resolution…
Angel, Dan C and others- I applaud you all. every word you wrote resonates with the human spirit. Elyse, you suggest “another way” but you do not offer one. The human spirit and free will and the desire to be free will always prevail. Your desire for justice and the never ending desire to fight the good fight inspires me. This is what I am talking about. This is why on a local level we all must unite. This is what it takes. And Dan- you are right- it’s not for us but for our future generation. Things are coming to a head without a doubt. If you want proof look at the LIBOR scandal. Look at what Neil Keenan is doing. We are all faced with the same battle. This is what we all share- be we Catholic, Afro-American, Gay, Democrats, Republicans, Poor, Latin, etc. United we STAND. This is why we all must set aside our petty differences- which are used to divide us- and come together as one and fight the good fight. United together is what will make the difference in this world. Look at how a crisis always brings people together and those people focus on one goal. Humanity shines the brightest when we, together, are faced with adversity. That is the HOPE and FAITH I have come to rely upon. And these recent posts re-affirm that. Blessings to US all. We shall prevail.
AMEN!!!!!MACY……i think Elyse is beyond frustrated,& the wind has been knocked out of her,because every time the door slammed in my face,or words spoken i didnt understand i felt like FLICK from the bugs life in search of bigger bugs to defeat our hopper=chase…but what i’ve came to realize,IM NOT ALONE,so i have faith she will re-group & come out swinging….as far as the rest,your soooooo right!!!! WE must stand for what we believe in or we WILL fall for everything…..I want nothing more,nothing less than what i WORKED FOR…OUR HOME,peace of mind,plant roots for my future generations….& we all ARE in search of NORMAL LIFES!!!!!!!without interruptions from THEIFS/LIARS =todays BANKS,& not all banks are bad but after the smoke clears on the mortgage crisis/fraudclosures banks have a HARD road ahead,TRUST IS GONE..*
I’m just thinking here and haven’t researched this yet, but why can’t we file a class action suit pro se? Is there any legal Rule that prohibits class actions pro se? I knew very little about law when I began this $%*#@ journey and have been able to hold my own with motions and Rules of Procedure and all the other stuff. With some research and hard work I don’t know why we couldn’t try. We are all dealing with the same banks most likely so we just name them all as defendants…the legal claims should be the same. Just a thought.
hello,katheryn, as far as i know yes you can…you would need legal advise on the ends/outs but its being done across the u.s & abroad….you could also check your state & surrounding states to see if one is already launched,& if so you can join the suit…most isnt funds up front,the lawyers collect when you collect.so i’d check that out before you go at it pro-se,may save you some frustrastion…but thats a GREAT IDEA!!!!!!!li wish u all the luck in the world
Katheryn- have you been to stopforeclosurefraud.com? there’s CA info there. livinglies and timothy mccandless’ blog may have info too.
As for pro se- why would you want to do it pro se and if I am understanding your question correctly- I do not know how a pro se could represent other parties in the suit.(?) Just a thought but I would look into it if it were me because of any ramifications. From what I understand too is pro se’s are frowned upon in federal court. I personally would not want to join a CA if it was handled by a pro se litigant. I believe that attorneys are starting to see an opportunity in foreclosure defense and are moving in that direction. There are quite a few good ones in FL from what I understand.
I think we could go after them with this!!!
OUT OF THE MOUTH OF JP MORGAN CHASE: SCHEDULE OF LOANS PURCHASED FROM WAMU DOES NOT EXIST; NO ASSIGNMENTS OF MORTGAGE, NO ALLONGES OR ANY EVIDENCE OF TRANSFERRING OWNERSHIP OF LOANS FROM WAMU TO CHASE http://afnetwork.org/emails/268925?s=de20e9af
After almost 7 years and all that goes with staying in the fight I too just want to lay down and quit, for about a minute, then I get back up and start looking for some Bankers ass to kick. Retreat hell….. Many times in my life I’ve been told that just maybe I don’t know when to quit. Well, just maybe all those times was nothing more than training in preparation for the fight I’m in now.
I still believe life is precious, everytime I look into the eyes of one of my Grandchildren I know what I’m fighting for and it sure as hell isn’t a check for 50k from some Bank. And, I have no intentions to put renters in my home so I can turn around and watch them get evicted when and if the Bank takes the home.
Taking the money and walking away would put me in the position of being no better than the thieves I’v spent so much of my time fighting. I’m not judging Elyse, just her convictions. I know who I owed my money to and it sure as hell isn’t BAC , I’m not walking away form this one and I ain’t cutting a deal with the Devil either.
While I don’t advocate violence, yet, we as a people are being pushed to the edge of human endurance with all the failures of our society, especially the Judicial Branch and the Legislative Branch. Every animal, no matter how timid, will come out fighting when it’s back is against the wall and survival is in the outcome.
Even Sun Tzu wrote something about leaving nothing for your enemies to subsist on if withdrawl becomes necessary which refers to a scorched earth policy. Ashes to ashes, dust to dust… You can only push us so far.
I take every little victory to heart and consider that for everyone we hear about there might be 3 or 4 out there we don’t hear about. I, too, think we are making progress and I’m doing everything I can to help the progression of that progress because if we are not successful in the end, it surely is the end…….
Hello,i have to say you sir are AMAZING!!!!!!& you are 10000000000%correct!!!!!it isnt the American Dream anymore,its a LIVING NIGHTMARE for all dealing with this madness,but it is changing,not at the rate millions need,but a victory for 1,is truely a victory for all…& i will never give up,or roll over,or sell my soul for bricks & windows…i will however fight for what my husband & i worked so hard to get,We played by the rules,followed the laws of becoming a “homeowner” so i say BANKS broke the rules,broke the laws,violated rights,& resorted to RECKLESS DISREGUARD for ALL consumers==FRAUDCLOSURE,& the more that launch complaints with all depts that is handling the mortgage crisis the sooner 1victory becomes,peace & resolution for ALL….goodluck to you & your family,& thank you for your voice..
Dan C.
August 21, 2012 at 6:27 PM
I’ve been called a lot of things in my life but never amazing, thank you Angel. But you must consider yourself amazing, too. All of us who have and continue to stand our ground and those who have lost their homes yet continue to fight this war are amazing in my mind.
Everyone must look outside the box otherwise they fall victim to the brainwashing of the last 4 and maybe even 5 decades, where I have heard people say, “well, if those people are being foreclosed on, then they must have done something wrong.”, or, “I’ve got no problems with my mortgage, this isn’t about me.” All I can tell them is to go ahead and keep thinking that way because if we fail in our fight, guess who’s next?
I hope you succeed in your fight because your victory is my victory. I always liked the saying, “The enemy of my enemy…………………………..
Now that’s what I’m talking about!!!! We have also been fighting for 7 years and have kept up the fight, even though it has not been easy. We also are not giving in or negotiating with criminals, we are not rolling over. We have taken all our paperwork to to FBI, District Attorney and all the other “head-in-the-sand agencies, got nowhere, so far, but we are still waiting. Where we did get ahead was filing Bar complaints on the criminals… when showing and pointing out where all the fraud had occured and false documents. We wrote the President … don’t laugh it was sent to the Mortgage fraud division. We will see how long that takes but I’ve got nothing but dedication. & years of this crap, we are still fighting and going strong. We had to request a Judge recuse himself, why? For the same reasons listed here. Most are in bed with the Banks, well… someone has to vote for them. By the way vote those Judges out when your turn comes.
Thank you Dan C well said!!!! No sleepin with the Devil here either!
Dan C.
August 21, 2012 at 8:22 PM
It is incouraging to here from people who refuse to lay down and give in to these bastards and especially those who have been in this as long as I have. If your stack of paperwork looks anything like mine you know what I mean when I talk about how many times the Banksters arguments have changed, just a long line of lies one right after the other,
Good luck to you in your fight, especially being from Florida. But I have seen some very encouraging statements coming from a handful of Judges down your way, lately.
Dan
Angel
August 22, 2012 at 2:03 PM
@fightin in florida….I applaud you!!!!!!!& thank you for the info & GREAT IDEA writting the President…you have further strengthened my gumption to say “bring it on chase”im no were near invested time wise as you & Dan,i’ve been at this 3yrs & plan to see it ALL the way thru,& the deck is stacked against me,but i have faith,& im researching,crossing my T’s & dotting my I’s,involving ALL that is in power above these banks,hired a GREAT mortgage defense firm,& most are under or right at 1000 bucks…if it goes to a trial type case you are looking at more $..im glad your still in it to win it,we need MORE like u&dan & 99.9% on here to say NO MORE…i wish u peace & resolution
Dan C. FIGHTING will get you PRISON….. Use a “Soldier With A Pen” and not a soldier with a gun…!!! I did and WON MY HO– USE FREE & CLEAR. Here’s the COURT ORDER..!!
@Goi…i think you have missed what is actually being said,were not saying “free4all” with violence….but YES FIGHT!!!!!no mention ANYWERE of violence/gun=prison???????TOPIC is & was NEVER give up,NEVER roll over & accept b.s,NEVER let ANYONE take what is rightfully YOURS….& after a 7yr battle that he’s been in,i’d say he’s letting his pen be his SWORD…i applaud your victory,& sooo glad you are sharing “how to”because it IS info someone will & can use…& we CANT turn on each other for opinions,because i cant speak for anyone else but im beyond thrilled to have found this site & ALL you all,confirms i HAVE allies in this fight i never wanted,& neither did the 66 MILLION family’s that HAVE been flipped upside down….66 MILLION are feeling what we all are,now imagine all 66 million banding together,saying FRAUD=CHANGE,i wish u peace & resolution….
sOMETIMES, KNOWING THAT IF i DON’T STAND UP & MAKE IT BETTER TO THE BEST OF MY ABILITY, MY DAUGHTER & GRANDSON WILL HAVE TO LIVE WITH WHAT IS COMING UP FOR THEM…I REF– USE TO GIVE IN OR GIVE UP, I WILL KEEP FIGHTING WITH MY LAST BREATH, I WILL NOT NEGOTIATE WITH CRIMINALS, I WILL NOT SUBMIT TO CORRUPT COURTS, JUDGES OR ANYONE ELSE WHO THINKS THEY HAVE AUTHORITY OVER MY LIFE INCLUDING THOSE IN TEH GOVERNMENT, BE IT CONGRESS OR THE WHITEHO– USE….MAKES NO DIFFERENCE TO ME. THE RULE OF LAW CALLS FOR HONESTY, INTEGRITY AND OUR CONSTITUTIONAL RIGHTS MAY HAVE BEEN SHREDDED THIS PAST DECADE, BUT THAT DOESN’T MEAN WE CAN’T RECLAIM THEM….:-) FIGHT ON, MAKE A STAND THE BEST YOU CAN!
Bobbi Swann
August 23, 2012 at 9:41 AM
@ Penni – I just have one question for you. Have you been summoned and had a hearing yet in front of a judge? I’ve been fighting my case for 6 years now and my last filing was a Motion to Dismiss because the lender who is foreclosing is not even the holder of the note. Well, guess what. I finally have my hearing set in October and at the bottom the judge says: time reserved: 5 minutes. 5 MINUTES…..I have 5 minutes to present all of my documentation! And to top it off the lender will not be there in person but is going to be participating “telephonically”…..already I’ve lost and this should tell all that no amount of research, documentation, disregard for procedure of law is having one iotta for the judge. I will go and present my case in my 5 minutes and after that I will move in another direction and keep on pursing the truth. Judges are corrupt and rotten as apples in this state of Florida.
Hello,i have to chime in on our experiences so far,we are STILL in this fight & im here to say FIGHT PEOPLE!!!!never, ever give up…its been 3yr battle here & Im in it to WIN it…..no its not a home invasion with theifs in masks,todays modern theif is in a suit & spews venom of promises while his partners in crime(BANKS)are creeping in your back doors STEALING you dreams/futures….but they can only win if enough CHOOSE to say im done…i say call & write ALL that can assist..BBB,FDIC,SEC,FBI,CFPB,OCC,Attorney Generals,i mean overwhelm the fax machines with complaints it WILL make a difference..& ALL depts i listed has a mortgage fraud unit,then contact a lawyer that specailizes in MORTGAGE LAWS,because not only do they have ALL updated knowledge of mortgage laws,consumer rights,but they also speak “judges language” so without a lawyer it will be harder,FIGHT for YOURS!!!! & i wish for peace & resolution for all..
Yes this is a stretch of the imagination for anyone but it may help if you read the following: http://www.legislation.gov.uk/aep/Cha2/18-19/11
I know that is the UK, but that is where I am from, most Americans are immigrants from across the seas and in 1680 King Charles II passed 5 laws that I believe to be responsible for the problems here that furthered the East India Company. The first allowed it [the EIC] to acquire land, the second allowed it to enter into treaties, the third allowed it to declare war and make peace, the fourth to coin and mint currency and the fifth to administrate both the civil and criminal courts. Attorney’s turn over property to the king. National Banking Associations use your signature on file under the cestui que as is evidenced in title 12 Section 167 and counties do the same, Under HJR-192 plus many other codifications including the canons you don’t actually own your home, car or even your own body, the state or the Vatican does, they are mortgaged, which is why you only get a marketable record title see Cal. Civil Code 880.020. Getting back to your query as to how we establish life on the record – well this can be as simple as having an attorney describe you sitting, walking or pointing you out in a court room. The presumption of death is not a rebuttable one and is difficult to over come see: http://njlegallib.rutgers.edu/journals/docs/journal.mb.5.1.pdf
Remember this is good in every state under the full faith and credit clause and the way to see the time necessary to pass before death is established is to look at a property tax repossession, so while it is 7 years in England, it is only 5 here in California and 4 I believe in Georgia.
There is no such thing as a license to practice law here in California and I am currently working on trying to find a way to do this through the probate code which means “proof” and later “proof of wills”. You also might want to check out the nsea.us [national standards enforcement agency]
You will NOT prevail with this strategy…. I have yet to see ONE homeowner/borrower overcome a skilled bank attorney…. I HOPE to find one someday. I DID WIN MY HO– USE FROM THE COURT… I had HELP…!!!
We are all dead that’s why nothing is working, you are trying to prove merits of the case when you should be proving life on the record. Every document you enter into the record is evidence of your death, i.e. your name is that of a decedent, at best [i.e. etymology of decedent is a dying person] and we have all been presumed dead under the law since 1936, if not 1666. check out: http://en.wikipedia.org/wiki/Inter_vivos
You ask what harm it can do to continue to fight? I never said to stop fighting…I said that the fight we are all fighting is not working and we need to go in another direction. Filing complaints is a waste of time and money…
What harm? we are under false hope…that’s the harm…our health is being effected and our “joy” for life is pretty much gone…we are in bad moods most of the time, we are living in fear that we will be homeless, our children will be living in our car and that is the harm!
We are trying to play in their game…my suggestion is to go in another direction cause it is proven that the courts and all the Law agencies are NOT WORKING…How many times do you have to try the same thing expecting a different result?
You are contradicting yourself a bit there. “false hope, harm our health, joy for life, bad moods, living in fear”. Then you say to continue the fight?? Wouldn’t continuing the fight cause all those same effects you just spouted off? Let me tell you something…had I listened to someone like you in the beginning…they would have had my house two years ago and I would have been out on the street. I’ve done it with no legal help and others can too. You say, “trying to play their game”, REALLY. I see it as a fight to stay alive as well as working towards someting united with others. I am rather sure that there were people like you in Nazi Germany discouraging each individual from individually as well as collectively taking on the heinous doings of that regime. By all means, if someone finds it too overwhelming then they need to do what is in their own best interest, but you should not be flipently discouraging people willing to fight this in every and any way possible. Think back less than 100 years ago, black folks were not allowed to vote, go to white schools, sit on buses or use public facilities. That WAS the law. Had they all given up fighting legally because courts were slow to come around, they would still have to stand on buses and leave the seats for us white folks! I respectfully encourage you to think deeply about what you are discouraging people to do. That’s my 2 cents worth.
Elyse Del Francia
August 21, 2012 at 3:52 PM
I too have added my 2 cents…I fought a strong battle for 2 and a half years…without an attorney. I spent hours and hours filing my pleadings with all the evidence of fraud and forgery! During those 2 1/2, I was still paying my mortgage!!! I am saying it doesn’t matter because it didn’t matter!!! Plain and simple….the law is not working for us and I am encouraging people to fight another way…don’t play “Their game”…their game is filing complaints to law agencies that do nothing,,,,filing lawsuits against MERS and the banks trying to steal homes they do not own…having homeowners send documents after documents and continuing to deny modifications….the banks cannot modify a loan they don’t own and they never will….
I realize what I am saying is hard to read but we are getting
macy
August 22, 2012 at 1:27 PM
Elyse-
you posted- BTW- my all caps is not me screaming.
I too have added my 2 cents…I fought a strong battle for 2 and a half years…without an attorney. (THIS MAY BE WHERE YOU WENT WRONG BY DOING IT ON YOUR OWN WITHOUT PROPER COUNSEL AND/OR THE PROPER KNOWLEDGE OF THE LAW – JURISDICTIONARY.COM I HEAR IS A GOOD TOOL). the law is not working for us and I am encouraging people to fight another way (THE LAW DOES WORK FOR US IF YOU KNOW HOW IT WORKS OR HAVE A COMPETENT ATTORNEY- WHAT IS THE “ANOTHER WAY” YOU PROPOSE?)…don’t play “Their game”…(WHAT OTHER GAME IS THERE?) .the banks cannot modify a loan they don’t own and they never will….(I WOULD SUGGEST YOU READ THE FORECLOSURE DEFENSE GUIDEBOOK- ACCORDING TO THE AUTHOR-AS I UNDERSTAND IT- THE SERVICER OR LENDER WILL BUY BACK THE DEFAULTED/ NON-PERFORMING/ UNSECURED DEBT/ TOXIC ASSET- AND THIS IS HOW THEY ARE ABLE TO OFFER MODIFICATIONS)
There are a lot of tools out there and groups and attorneys- this site alone offers great information along with foreclosurehamlet, stopforeclosurefraud, livinglies, msfraud and they have links to other sites as well.
Elyse- if your Statute of Limitation has not expired- have you considered hiring or speaking to an attorney regarding wrongful foreclosure? Did you consider a Securitization Audit?
@Elyse…i so feel your pain,& you are right,most i’ve tried has been blocked/crushed..but that makes me more determined to fight,& i have to say MOST complaints are free,go to their web sites follow how & were to file a complaint…had i NOT filed complaints my bank would still be giving me the run around,but with these complaints outside my bank against my bank HAS changed the game…the more that KNOW of the fraud the better your chances are…& it does feel like your bashing into a brick wall over & over but the wall will give if you continue to chip away at it….Follow the news,& the info on here & you will see ALL with un-clean hands ARE being dealt with & that is because MILLIONS are saying HELL NO!!!!NO MORE!!!!so dont throw the towel in yet,& your children DONT deserve this so show them this fight is nessasary & right because its YOUR HOME,YOUR DREAMS,YOUR FUTURE & those are the best reasons in the world to fight for YOUR FAMILY..& i say your a winner because you have the courage to say MINE!!!!!so knock the wall down with ALL means nessasary,i wish u peace & resolution
Macy- Thank you for your comment, however, it has been my experience that one in a million actually has satisfaction from the fight we are all in!! Yep…there are few…but so many are becoming homeless and in shock when it happens…my experience has been that wayyy too many Attorney’s are taking what last bit of money homeowners have and doing nothing to help save their homes…The Attorney’s can’t do much because the Courts are not ruling on LAW…the courts and judges are being paid off to not rule on LAW….
Of course we all would prefer to have “HOPE”…but we re dealing with a false premise that there are laws to protect our rights and that forgery is illegal…there has to be another way and that was the intent of my comment. I signed a deal with the bank and received a fair settlement. Of course you are not going to hear about the settlements on the 6 oclock news…my suggestion was to begin there! The fights in court are not working!!! One in a million, maybe…however, if you sit in any court, you will see the hundrends of thousands who are evicted every single day so the hope you mention is so far fetched because I have experienced the whole smoke and mirror game millions are going through right this minute!!
Going in the same direction is like sheep to slaughter because the sheep don’t see that there may be another way!!
NO LAW AGENCY is helping so why depend on it to do something it has proven it WILL NOT??? In my opinion, there is no HOPE if something different doesn’t happen and so far, nothing different has happened!! We are poor little sheep who have lost our way….because we can’t wrap our brains around the fact that the LAW is not on our side….go in another direction!!!
wow….ok the settlement part is your buisness,& is a victory,but i think your drive/spice of life has left the questions of victim/victor……but as far as your results vs REALITY…..Im a mom of 2 daughters,& i WILL NEVER teach them not to fight for whats right,otherwise the world be full of sell-outs,(not you)in general.so thats the reason MILLIONS have stayed with this…its not a waste of time,its not idiotic,its the AMERICAN WAY…& if ALL continue to stand up for whats RIGHT,this wont happen again to our children,& childrens children,NONE can take our homes with us when we pass,but we become homeowners for FUTURE generations,as well as us….leave our mark,plant roots,& most important 2 me is,my daughter’s ALWAYS have a place to come home…..so im NO sheep heading to slaughter,im a sheep laying claim to my PASTURE…..i feel your pain in your words,now spin it,& create that pain for the crooks/liars
To all.
We all know, or should at least know, that the reason why nothing is being done about this crisis that is crippling our country and ruining families is because they are all in bed together. We have to stop fooling ourselves and we can no longer afford to bury our heads in the sand. Until enough Americans start to work together to form advocacy groups and come together as one we may never see any positive results. You may have seen the article about attorneys being urged to give more free services but it is hard to see that happen since they are officers of the court (that should tell you where their real loyalty lies) have investments and pensions in MBS – this is not to say that there are not attorney warriors out there fighting the good fight but we should all join together in this effort. (I for one would love to see the founders of this site start up such a group). A lot of you come here looking for answers and most of them come from other homeowners who are in the same boat. With that being said I would like to invite you all to a group call that is giving some hope and insight along with answers that have been posed on this forum.
This call is for everyone. It is a more direct way to ask a question with a quick reply. They are not attorneys and do not offer legal advise but they do share information and share what they have learned from their own personal battles both in and out of court.
Conference Call Information:
Day and Time: Tuesday (TONIGHT), 8pm EST
Web Access (to listen to the call only):
Dial-in Number: (724) 444-7444
Call ID: 98842
I would like to add- that by group I mean within your own community- where you can hold weekly or monthly meetings sharing information, stories, cases and studies.
There are too many people on this site who are all from different States…however, if some sort of a list could be created by responses to these email…like this is Mrs. Goodwin from Southern California…or this is Mrs. Jones from Tampa Fl….then groups can gather in different venues because don’t think the “LAW” is not reading all these posts…
I had suggested a Convention to be held in Las Vegas so we could have an open forum to discuss stratagies as opposed to complaints…we know the complaints…we need solutions…however, it was brought to my attention that no one has any money to even get there and pay for the hotel rooms etc. So, we do need to gather and stratigise….where? I think every State…we need to organize like the tea party did…just don”t have the financial supports as they did….Any thoughts?
macy
August 21, 2012 at 1:38 PM
How about finding others in your community who are in the same boat and inviting them over for coffee and cake and start a local group- create a meet-up group for your area. hold these meetings once a week or once a month and share information, cases, webinars, videos,ustream the meetings, invite a local attorney or official who is fighting the good fight to sit in. It has to start locally. Each person can take turns opening up their homes for the meetings, have a pot luck or meet at a Perkins or some other restaurant that has banquet rooms or a room that can accommodate. Anything is possible when you put your mind to it.
I truly hope some of you going through this “smoke & mirror” situation will read what I am about to say….
I have fought my battle through the Courts in California and Florida as I had homes in both. Please listen: THERE IS NOTHING YOU CAN DO!!! The documents are forged, they are back dated, robo signed and sold over and over to unsuspecting investors around the world…You can gather all the forged docs, pay for a securitazation review examination and know that your home has been underminded and are able to prove it….it doesn’t matter!! The banks are being allowed to steal our homes and the Courts are to do nothing about it!! Now that might be a hard fact you can’t grasp, however, the banks have no friggin idea who holds the note! The notes are minipulted through MERS SINCE 1997. THE OLD FASHIONED WAY OF LOOKING AT THINGS WILL NOT WIN A LOAN MOD, A COURT BATTLE OR AN INVESTIGATION THAT WILL HELP YOU…
* Submitting and filing Complaints will do nothing…the OCC only sends the complaint to the banks and they do nothing…
* The Attorney Generals will take your complaint and do nothing…
* The FBI or the District Attorneys won’t even accept your complaints!!
* The Courts will never rule in your favor, no matter what!!
It’s all just too much because we, the AMerican people where led to believe that we have rights and that these law enforcment agencies were there to protect us…it’s all hogwash! Kinda like there is no Santa Claus!!!
So, knowing this, what can you do?? Do the opposite of what you have ever thought.
* If you can move out of your house and move in with realitives, rent your place out for the maximum $ as that is one way of getting your money out of it. Some I know have been renting out their homes for 3-4 years at $1,800 a month…
* Contact the bank or the banks Attorney’s and demand a settlement…I got $50K…it’s more than any equity I had in it. It will cost much more than that in a 2-3 year court battle
Elyse- I have to disagree with your fatalistic approach to this. There are many homeowners who are winning but they are being settled out of court because “they” do not want it to be adjudged because it would set a precedent for others. I know of an auditor who is saving homes and stopping sales, but you’re not going to see that on the 6 o’clock news. There is hope and education is the key. I am sorry that you have given up or thrown in the towel or that you have struggled so long and have been beat down – but there is hope for us all. Look at the Coursen case, the Ibanez case, Lynn Syzmoniak, Matt Weidner, Vince Kahn, John Stuart and others. I hope is in uniting and empowering ourselves with knowledge.
Attorney’s are seeing an untapped river of revenue in foreclosure defense and I am not talking about Loan Mods. I believe the tide is turning.
Blessings to you.
macy
August 21, 2012 at 1:28 PM
We have to change our state of mind from VICTIM to VICTOR.
Katheryn
August 21, 2012 at 1:59 PM
Elyse,
What harm can it do? Either nothing comes from a coordinated effort or something positive even if just one single person is helped in some way is a good thing. I, for one, continue to fight these law breaking fraudsters. The fight goes on!
Hammertime, I am a victim of pretender lender. I have to loan numbers and the pretender said it isn’t there number but it is the number on the loan docs filed at the records office and it is the loan they are foreclosing on. I paid the mortgage to them with a different number on the payment slip they mailed to me. I need help with this one. Lets talk if you wish.6267953456
The new Washington state case should pretty much take care of the MERS issue.
“. . . the federal court has asked:
1. Is Mortgage Electronic Registration Systems, Inc., a lawful “beneficiary” within the terms of Washington’s Deed of Trust Act, Revised Code of Washington section 61.24.005(2), if it never held the promissory note secured by the deed of trust?
We answer the first certified question “No,” based on the plain language of the statute. MERS is an ineligible “‘beneficiary’ within the terms of the Washington Deed of Trust Act,” if it never held the promissory note or other debt instrument secured by the deed of trust.”
Bain v. MERS, Washington State Supreme Court.
The key is “if it never held the promissory note or other debt instrument secured by the deed of trust.”
Make sure they don’t try to “fix” it. Still need to check docs etc. One of the tricks seems to be that pretender lender/servicer will simply state they are the valid “holder” of the Note and “ttransferred” to MERS etc.
From article to the right: on AG Martha Coakley/Mass.
The Massachusetts Association for Community Action (MASSCAP) will be awarded a two year grant totaling $7.4 million to administer the Borrower Recovery Initiative. Beginning in September, the grant will fund 19 borrower recovery sites supported by 21 case managers across the state to work directly with families and individuals to prevent homelessness, provide assistance to families transitioning from homeownership following foreclosure, and provide financial education and counseling to individuals and families facing eviction. The sites will receive referrals from the AG’s Office and the funding will enable direct assistance for up to 2,400 households over the course of the 2-year grant term.
The Massachusetts Legal Assistance Corporation (MLAC) and the National Consumer Law Center (NCLC) will be awarded a two year grant totaling $6 million to administer the Borrower Representation Initiative. MLAC and NCLC will use the grant to fund 14 locations statewide staffed by 19 attorneys dedicated to foreclosure-related cases and will deliver direct legal representation to homeowners facing foreclosure or eviction.
Legal services will include assessing potential causes of action to challenge foreclosures and evictions; providing direct legal representation to borrowers in both the pre-foreclosure context and in post-foreclosure proceedings; and helping families receive appropriate assistance, including referrals to Borrower Recovery Initiative sites. The program will also begin in September and sites will receive referrals from the AG’s Office.
We can’t give up hope as Wall St tries to destroy the middle class that this nation was built upon. We can’t just rely on documents or depend on anyone in power. I will give Harris partial credit as the administration blames the Congress and the Congress does nothing.
To the extent that the settlement is being manipulated we have to hold her and the lenders accountable as well.
They said they needed 4 to 6 months which is where we’re at. They were to receive money immediately for aid and other homeowner support that’s where we need to start. If it’s true that funds have gone to state budgets which I beleive was still being debated in CA we probably have a lawsuit such as an individual in AZ has taken on.
If you have compiled good information let’s try to get it out there. I am working on some things pertaining to my case and I hope to get it out there as well with ideas to work with others. But dealing w/ crisies now
In terms of documents – the robosigning that was agreed to referred to “mistakes”. The mistake that I understand it to be is that the signer was not aware of the requirements or content of the documents they were signing. Very specific. To blindly attack MERS or the govt etc isn’t going to work.
On the other hand the settlement doesn’t magically solve title/standing
Cases in WA and OR strongly move the debate forward where MERS is concerned. Still they say it depends on each individual case.
The lenders and bureaucrats seem to be taking this to mean any document problems can be viewed as mistakes. They thought it gave them the green light but homeowners are fighting back. Thta’s why we don’t have the flood of properties the experts expected
Those who can negotiate and want to move on should be able to do so
If we can uncover the fraud that this settlement does allow we need to keep doing so individually as well as within our own communities and maybe we can build on the momentum we have for this election or whenever your rep runs
I have 12 copies of Assignments from Mers and all but one used the same person as assistant secretary for MERS and all but one were Acknowledged by the same California Notary Public, when you lay these side by side and then add in the notary journal entries I’ve acquired it becomes obvious that there is at least 6 different people signing for these individuals. Not to mention that it looks like there might be as many as 4 or 5 different notary stamps being used in different areas of the Country.
This is the information that I offered to AG Harris because this conspiracy originates from Countrywides old offices in southern California that BAC now controls.
I will be using these documents here in Colorado in an upcoming Petition for a show cause order pursuant to C.R.S. 38-35-201. Definitions: (3) “Spurious document” means any document that is forged or groundless, contains a material misstatement or false claim, or is otherwise patently invalid….
Let’s see how BAC and there Legal eagles deal with this one.
Your right about one thing, after almost 7 years in this fight somedays it would only take one word to knock a guy down, or a well reasoned Superior Court decision against MERS to fuel up for the next days battles.
On we go……..
TheGrey
goi
August 20, 2012 at 11:26 PM
Dan C: I TOO have multiple fraudulent sigs and notary signings that involve Countrywide. I can PROVE ALL OF IT. Please drop me and Email to exchange sigs and share with others..!!! THX
Hammertime
August 21, 2012 at 1:57 AM
What was the AG response?
Would be interesting to see if response falls into the “mistake” definition that signer just wasn’t aware of what they were signing.
If loan was a refi can more easily view chain of title issues.
The game never seems to change, just the rules……..
I have been collecting Assignment of Deed of Trust documents from anyone who will share them with me, through this site and others. And, after comparing the signatures of the Assignor and that of the Notary who acknowledged the assignments (mostly Cecilia Rodriguez and Darryl Brown respectively) it is obvious that not just one of these documents is questionable but that everyone of them is a forgery. I’ve requested and received several of the notary journal entries corresponding to these Acknowledgements of Assignments and have found them to be fraudulent as well wherein the signatures recorded in the notary journals do not match those on the recorded documents.
As I sit in my little home office surrounded by over six years of paperwork, motions, filings, consent decrees, court orders, govenment reports and the like, it has become painfully obvious that if a laymen such as myself can obtain this kind of proof then surrely our State and Federal AG’s, with all the resources at their beck and call, already know what I know and have choosen not to act upon it. I know, tell you something we didn’t already know, right.
I shared my research with the Ms. Harris’ at the California AG’s office in hopes that she might again take offense with Bank of America operating a fraud conspiracy from within her state (all of the fraudulent Assignments and Acknowledgements are coming out of southern California and are originating from the old offices of Countrywide which now belong to BAC) but I seem to have been wrong in holding out hope that Ms. Harris’ past outrage at the activities of the TBTFB was genuine versus being just a dog and pony show for the voters. California received a lions share (there were many lions) of the Settlement from earlier this year and I’ve yet to hear of anyone, meaning the abused homeowners) who has received even one red cent of those penalties.
I agree with you. The FBI isn’t helping either. Can you tell me how to get the info you talked about for my robot signer Elizabeth Hernandez from tx. I got a copy of her application for notary and her bond, but I feel getting the info from the book would go a long way. Please call 6267953456. Also anyone with docs signed by her, please share them. I’m in court in 2 Aksel. Thanks
I WILL NOT NEGOTIATE WITH CRIMINALS!!!! THE AGS ALL KNOW THESE ARE CRIMINAL ACTS AND CONSPIRACIES, THEY ALL ARE AWARE THAT THE CEOS OF THE BANKS & INVESTMENT FIRMS HAVE BROUGHT DOWN OUR ENTIRE ECONOMY. i HAVE POSTED THE ORIGINAL AGS ‘COMPLAINT’ AGAINST HE BIG BANKS HERE; Ags Complaint File; http://www.mediafire.com/?r72gwwh5txe9er2 READ IT, UNDERSTAND IT AND STOP TRYING TO APPEASE TO THE BANKS!!!! UNTIL & UNLESS WE DEMAND JUSTICE AGAINST THESE CRIMINALS, THEY WILL CONTINUE ON AS THEY HAVE BEEN. iF YOU DO NOT KNOW BY NOW THAT ALL THE ‘RESCUE’ PROGRAMS LIKE HAMP, TARP, ETC AND THE NEWEST ONE FOR MODIFICATIONS ARE MEERELY A FRIGGIN’ STALL TACTIC BY OUR GOVERNMENT, IF YOU ARE BLIND ENOUGH TO BELIEVE THE LIES CONSISTANTLY COMING OUT OF THE FREDDIE & FANNIE SITES ABOUT HOW THE GOVERNMENT WANTS TO HELP HOMEOWNERS ALL THE WHILE WITH T HE PREZ STATING THAT HE WANTS TO COMPLETE 90,000 F&*&^KING FORECLOSURE A MONTH…..EVERY MONTH!!! HOW MANY MILLIONS OF PEOPLE HAVE ALREADY HAD THIR OHMES & LIVES STOLEN RIGHT OUT FROM UNDER THEM?????? HOW MANY MORE MILLIONS WILL BE IN THE STREET BYTHE END OF YEAR????
WHEN WILL YOU STAND UP AND DEMAND JUSTICE & STOP WHINING ABOUT FILLING OUT COMPLAINTS, SCREW THE — USELESS COMPLAINTS! THEY ARE JUST MORE INFO FOR THE GOV TO GARNER AGAINST YOU. iF YOU CANNOT SEE THAT ‘MODIFICATION’ ARE NOTHING MORE THAN YOU ONCE AGAIN AGREEING TO BECEOM A VICTIM TO A TOTALLY CORRUPT SYSTEM, THEN YOU ARE REFUSING TO SEE THE OPEN PIT BEFORE YOU….EITHER THAT OR YOU ARE A BORN TROLL FOR THOSE WHO PLAN TO STEAL EVERY BIT OF LAND & PROPERTY THEY CAN..WAKE THE HELL UP!!!!!!! FIND OUT WHAT HAPPENED TO THE ‘FINES’ THAT THE BANKS PAID, THEY HAVE BEEN — USED BY EVERY STATE BESIDES NEVADA TO PAY DOWN THE STATES DEFICITS…AND TO BUILD UP THEIR POLICE FORCES.. SURVEILLANCE AND SECURITY FORCES, LARGER JAILS AND BIGGER COURT SYSTEMS..CHECK IT OUT! SO SOME RESEARCH BEYOND JUST THE FORECLSOURES, CHECK OUT ABOUT AGENDA 21 AND STOP THINKING THERE IS GOING TO BE RELIEF!HA!
If that was aimed at me I know I had a couple of typos but you completely missed all my points. Way to be inspiring!
proseway
August 20, 2012 at 4:32 PM
Agreed Hammertime…I am so tired of the so-called activist/expert attacks on anyone who dares to ask a question or express a thought or opinion. Check out Steve Dilbert’s piece on Homepreservationnetwork about Yves Smith sniffing glue. You have to wonder about anyone who attacks people the way he does. There are people on these sites who are fighting for their lives and then there are those who are on these sites to make money. Dilbert is an angry guy who is constantly trying to show how smart he is and how much he knows about banking and foreclosure. For anyone who has been in this fight the past few years, we know how hard it is…..we don’t need lectures and CAPLOCK rants about how stupid we all are.
As Trillions notes below we need to fiel our complaints to Comptroller, natioanl settlement etc. No magic bullet though. Expect the worst but we need to follow up buy questioning AG’s, HUD, President and local reps.
In CA I’m seeing that HUD and possibly Consumer Protection as well as Comptroller is allowing lenders to once again dictate the process in violation of settlement decrees.
The bureaucracies are only focusing on modifications it looks like. Also, lenders were to pay fines immediately for legal aid, education etc. It’s been at least 4 months and there does not appear to be an administartor in place.
The agreement as to the process should be helpful while definition of servicer is a problem if we are challenging standing it seems to me.
It seems local agencies, non-profits etc are not engaged with the settlement process either.
For banks that agreed to this the requirements are in place!
It’s understood we all may have standing/title isues but if your goal is to stop a sale, reduce principal and you can qualify could be a strong approach.
For those of us that have been hanging on for years and have serious fraud issues we need to be careful I believe in acknowledging the standing or the debt.
Just keep hanging in there Gari…REF– USE TO MOVE…GET OCCUPIERS TO HELP YOU OCCUPY YOUR HOME IF YOU ARE THREATENED WITH EVICTION….DO NOT GIVE UP OR GIVE IN…REF– USE TO NEGOTIATE WITH CRIMINALS….YOU CAN PREVAIL!!! i WILL NOT ABANDON YOU…:-) PENNI
wow…where are all the passionate and verbal writers who were hitting the pages in April of 2011????? Nothing left to fight? Nothing left to say….no standing up & fighting against the corruption still taking place on a daily basis????? WHERE ARE ALL THE LIVE WIRES WE NEED ON THIS SITE TO INSPIRE ???
Most people are only involved when their lives and property are on the line and so selfish or greedy and so do not expect people to stay the course to help for long. I have been in the fight for twenty years and still have much to learn to help others as I never went to law school and have had to overcome a huge amount of misinformation.
What I would do about filling out the form concerning the question about an alleged debt of mortgage is rather than perhaps leaving such spaces blank – write in there that because of all of the misinformation and lies or deceit of servicers, etc. you have no idea whatsoever about the amount that might yet still be owed and that there needs to be a forensic accounting conducted to determine the true balance and who might yet still be owed if the mortgage is still enforceable if it was ever valid in the first place, as you have reason to believe that there are forgeries. Write this up on a separate piece of paper and in the blank space on the form say – see attached statement. I would definitely list this as an unsecured item and not secured!
I would also not admit that the asset/house has any known value and that a true market value would have to be done by a certified appraisal of the property, especially if you are in one of the bubble states where speculators ran up values and every property is underwater.
Penni
August 19, 2012 at 5:33 PM
THAT IS AN EXCELLENT IDEA!!!! THANK YOU SO MUCH T$F!!! I A M STILL SO ‘BRAINWASHED’ BY AUTHORITY THAT THIS AVENUE OF ESSENTIAL CLARITY WOULD NEVER EVEN HAD OCCURRED TO ME…I HAVE BEEN SO FRIGHTENED OF ‘AUTHORITY’ ESP IN COURT THAT MY MIND HAS BECOME RETRICTED AS TO ‘SOLUTIONS’….:-( THANK YOU AGAIN FOR ALL OF US…:-) GRATEFULLY YOURS, PENNI
Gari
August 19, 2012 at 6:14 PM
thank you trillion! this makes sense to me. amazing how complex our system is and how tricky. i can only do my best and ask for help and go forward but i do so wish i knew more than i do.
Agrer w/ trillions but we also get caught up in our own fight out of necessity. Problem is that those not directly affected w/ their properties are affected in a number of ways but are brain washed. We are also told that govt doesn’t work and we need to let the economy go forward at any cost and can’t hofl the to big too fails accountable. Even if our repos aren’t doign their job we need to keep filing complaints etc. an make them answer to us no matter what party or if affected by foreclosure.
Some progress being made at lesat to get to the facts of the abuse. CA sale notice now states in Notice to Potential Bidders section thet bidder will be “bidding on a lien, not on the property itself.”
thx penni! you are the best! i do have some basic instructions and i have googled every schedule that I have completed and looked at the Nolo stuff which helped but I cannot find anything yet to show me how others have listed their houses as unsecured debts. there are two forms for unsecured debt. one if for priority debt and one is for not priority debt. so which one? agghhh. the other thing is there are actually several columns to complete once i pick on of the schedules but i have heard other say they did not necessarily put down the fake bank currently pursuing them, rather the bank that is legally in the chain (which is generally the first one when the debt is first established) or putting several of the banks in hence this info is not readily available.
Gary, generally there is a ‘definitive’ suggestion with $$$dollar amounts on the instruction sheet….don’t you have an instruction sheet? there hsould be one. If you don’t hhave one, call your legal aid soceity, or call the court & see if they have them available…it is a comiklation of instructions similiar to a the instruction on your tax return, where each page & each section is described in detail & it tells you waht is allowable by law & what to use in the blocks etc, then gives you the emeption amount in $$$, like, personal car, value up to $3,000-exempt, or clothes; up to 2,000.00 exempt, all furniture up to 1500.00 exempt etc. Personal jewlery, up to 1,000.00 exempt, etc… there will be dollar amounts that are allowed for exemption. when I did my bankruptcy, I listed my home under ‘secured’ because at that time, I didn’t know about the fraud, so I didn’t think I could put it under unsecured’ unsecured is like credit card debt. I have ot go for awhile, but I heop this helps. GET THE INSTRUCTION SHEET!
for BK, ch 7 – schedule C – property claimed as exempt – what might i put? my house? i really don’t have anything else but not sure whether to list my house here which i will also be listing later as an unsecured debt. looked at exemptions for New Mexico but not clear to me.
i have had all of my hearings recorded (except the first one that was a botch but I got a transcript)
fed bk court is kicking me to curb. having atty step in to dismiss my botched ch 7 filing and considering filing ch 13 but i am a single self-employed mom with kids at home and one of my biggest problems is my unstable income. i have applied for stable work and gotten nothing.
any suggestions here about what to do? state courts are just totally ignoring the question of standing. fed courts seem to have zero patience for pro se.
state courts will not deal with standing at all no matter what i bring to the table.
New Mexico – I am trying not to give up but everything I have filed from district court to the court of appeals to the bankruptcy court has been denied. I am pro se but I am using what I have found others to use and while I have not done a perfect job, it is hard not to either feel like a fool or that it is all a big conspiracy (maybe both).
Tomorrow I am going to town to file a letter of intent to sue with a quitclaim deed form to the Plaintiff/Bank Jerks. I am using the documents from the “show me the loan” workbook and I have a few questions. Does anyone have any experience with any of this? NM is a judicial state.
Hi Gary, I don’t know what a ‘quitclaim deed form is…? but I would check this out, it takes 10 minutes to view it, but it might be that you would know how ot use it for good effect. … Penni
Have you been using a court reporter along with your cases? Sometimes the judges will make rulings differently if there is a court reporter present. I don’t know if that will help, but it may be worth the
try in order to preserve the record, if you haven’t used one, for the courts to better review your appeals and the process. I’ve seen, in my profession, where many pro-se litigants who have a court reporter there tend to be taken more seriously.
I quickly looked this site over and immediately recognized this as the sort of nonsense that gets everyone into a lot of problems with the court and everyone else and it is absolute nonsense! Idiotic and stupid! ABSURDITY!
When I want to learn something that is dependable I do a search on wikipedia.com and almost always find great information for free that is worthwhile to implement, but not his garbage by robb at robcourofrecord!
I live in CA. I am seeking informed and “aware” adult’s who accept the responsibility to assert their rights via representing themselves and getting their facts and truth on record. Those who are motivated by strong desire for justice and fueled by tenacity. I have done month’s of research and collecting data. I managed to stop 3 Trustee Sale dates, I continue to develop strategy to present a strong position and remedy. Those researching remedy (with due diligence) and ready to contribute and mastermind… contact Karen @ 530.255.4509.
Hi Karen, I do not live in Ca anymore, but I would say to enlist the help of your local Occupiers. Many of our groups are stridently tryijng to stop fraudclosures and in so doing, have established realtionships with other local oragnizatins whose memebers have been hard hit by this incredible scam. That is probably the best thing I can suggest. Penni
Received a Lis Pendens and need to respond by the 13th. Any advice? Athorough Securitazation audit revealed several robo signers etc..A lawyer consulted wants 10,000 to take the case. Time running out. please advice.
That is too high! Depending on the state, a good attorney should be able to file the complaint for under $1000. Find someone who has a track record.
JamesM
August 6, 2012 at 1:47 PM
It appears, from her post, she is in a judicial foreclosure state like Florida, therefore she would be filing some form of response to the banks complaint, not filing her own complaint. See my other post in reply.
Sharon – It is likely that you are in a judicial foreclosure state and what was served on you is a ‘Complaint’ with the ‘Lis Pendens’ on top. It is the ‘complaint’ that must be responded too. The Lis Pendens is just a notice in the public record that a complaint for foreclosure has been filed.
Keep shopping for lawyers, you need one. Depending on what state you are in and where you are located in that state people on here or the Foreclosure Hamlet may be able to suggest the names of competent foreclosure counsel, but first you need to tell people the location of your property.
If you need extra time most states allow you to file a motion for an expansion of time to file a response to the complaint. I did that, asking the court for 30 days after the court signed the order. Because the court took about 10 days to address my motion that gave me 40 days total.
Depending on the rules of civil procedure in your state, your response can be a motion to dismiss or abate the complaint because of legal defects in the pleading, which is the standard response by most foreclosure defense specilists, OR an ‘answer’ and ‘affirmative defenses’ which is NOT a letter to the judge but a rather technical document. In either case you need the help of competent counsel to file either one.
Bobbi Swann
August 6, 2012 at 2:55 PM
If she is in Florida, she can file her own “Answer” to the complaint – no law here says you can’t! I filed my own just like tons of other ProSe’s here….but she only has 20 days not counting the day she was physically served. And by the way, here in Florida you MUST be physically served by a process server – not by mail!!! Sharon did not mention if she was actually ‘served’ she just said she ‘received’ a lis pendens…..BIG, BIG difference in this state.
Has anyone here dealt with their county trying to refuse eligibility for medicaid, based on transfer of homestead fraud, date of transfer? Date of transfer and property title is never mentioned in the law, NY SS 360.1.4, yet the chautauqua county social services lawyer is not allowing transfer of our home as is allowed under the law. I’ll get $80k debt and they’ll lien the house. if so, please contact me; we nee to make this public and stop it.
Looking for other unhappy campers who have AHMSI aka Homeward Residential as a servicing agent and are dealing with their predatory collection tactics: not sending information in writing, constantly kicking you off their website or insisting that you talk to their servicing agents. Getting verbal assurances but nothing in writing, specifically in WA state.
OMG, yes I am on board. I have had nothing but problems with these jackasses. They are now in the process of trying to foreclose on my home. They are a crooked group of people. I currently have hired an attorney because my home was up for Sheriff’s sale. We did get a stay but they are coming after me hard. Deutsche Bank is behind them and they are crooked too. I am feeling so helpless at this point. I would love to get a group of people together for a class action suit against them. I live in PA. These companies are so big and we little peons just have no chance. We need to stick together.
unhappy camper
August 13, 2012 at 11:03 PM
Be sure you file a written complaint with the Atty General of your State, the local TX BBB, the FTC, and the Consumer Financial Protection Bureau. Stop communicating by phone. Do all correspondence in writing by certified mail to them. As for a qualified written request and ask for the 1) the original loan documents 2) a copy of the actual deed 3) a complete history of your payments and the fees that they are charging you. If they call you, document every phone call, ask for the rep’s name and employee number, if they ask you for money, have the specifically give you the amount in writing including all fees they are charging you. Keep in touch and don’t lose, hope, good always overcomes evil.
Lea France (Fannie Mae) has earned praise and respect from Fannie Mae, for her top performance. Lea has been recognized as one of the top Real Estate Owned (REO) in-house sales representatives at Fannie Mae over the course of the past six years, Lea leverages more than 18 years of experience in real estate and business. She is NOT an Associate Vice President for Fannie Mae and she is not involved in the Fannie Mae scandal in any way. She has never sold any Fannie Mae properties in Arizona, and she has never sold any properties to the Fannie Mae investor called, Orchard Terrace Estates, LLC from California. The blogger John D. who has posted a comment on this web site, is obviously trying to do a “hatchet job” on Lea France. John D you need to take off your hood, because no one supports the Klan anymore thank God. Lea France is without a doubt one of the most respected sales representatives at Fannie Mae. The comment posted by John D.
is all lies, and Ms. France has received IP addresses from Google and intends to file a law suit against John D.
hi Penni
I have a federal lawsuit against chase and emc with u.s.h.u.d. under title 49 u.s.c. 24 c.f.r. under the fair housing act of 1964 to stop this victimization of senors and disabled vets like me . please sign my petition to sechud donovan . I asked aarp for help since I am a member and they just ignored me and wouldnt help stop this.
Ok Gari, I was having a bit of trouble getting in there myself…I tend to get a bit angry with my pc, have o many things to do & my machine is friggin’ slllllooooooowwww. i have already posted that you will be coming into th eCHAT 7 that you need some help. I don’t know anything about chap 13, I did a 7..;-( Once you get into the main page over there & fill out some minimal profile quesitons, click on CHAT and go to the MAIN ROOM. I’ll try to be there, I am losing daylight here & need to get outside for awhile while it is cool & still light enough to see.
Hi gari, I don’t know why that would be happening, anyway, here si abetter place to go; http://www.foreclosurehamlet.org/
register & sign in for the chatroom, the main one, there are many good people on here who are going through what we ar, they have LOADs of good ideas. See you there in abit. Penni
A bankruptcy filing will stop the sale – but the filing must occur prior to the sale time. I heard of one instance, where the lawyer filed the bankruptcy an hour late, and the sale was valid.
Hi All, I am not minimizing in ANY way what is happening to the ones who have posted troubling issues with their homes, I kknow EXACTLYhow you feel & am going through the same thing at the present tim. Just know i needed to get this out there today for all to see so that something might possibly come from this. ..here it is, I received on another foreclosure group forum email earlier today;
Please contact Robbie with NYTimes if you all have contacts for 75+ year-olds who’ve lost their homes due to foreclosure.
I’m a reporter for the New York Times. I’m hoping we could talk for a story I’m working on today.
There’s a report coming out tomorrow by the AARP that shows foreclosure rates have soared among elderly homeowners (people over 75). I’m writing about that report. I’m looking for elderly homeowners in metro Atlanta who have lost their homes to foreclosure. I thought you might be able to put me in touch with someone dealing with this situation.
Please give me a call at 404 401 4071 so we can discuss. Thanks very much.
Robbie
___________
Robbie Brown
The New York Times
Southern Bureau RobbieB@NYTimes.com
Office: (404) 584-8645
Cell: (404) 401-4071
PLEASE HELP -my house to be auctioned in less than 48 hours
My house (New Mexico) is being sold in 2 days. I filed an emergency amended motion with the district court friday (on top of my original motion for stay 2 weeks ago) but the district court continues to refuse to respond. I filed a emergency motion with the Court of Appeals yesterday to review and compel the district court to respond to my emergency motion.
As of 15 minutes ago, they said there is no answer from the court and all I can do is keep calling back to find out. I tried the Special Master assigned to sale my home and he works in the office of the Plaintiff’s counsel and will not take my call nor will the paralegal.
Is there anything I can do now? If I can’t stop this auction, will it stop temporarily if I file for Ch 7 with the house as unsecured debt?
File a chapter 13 form with the court, and that will get you a temporary stay (30+ days) while you/they figure out if you can keep (reaffirm) the house. If you have done all the right things in the past, up to the point of going delinquent on a sub-prime loan, a good attorney in NM should be able to fight the lender for wrongful acts.
I would also try filing pro se chapter 7 if that workd for you, but you will probably not be able ot list your house under a ‘unsecured debt’ it is secured after all as it is sitting on a peice of land & SOMEONE is claiming that they have a right to it…that way, ey will have to go to court to do what is known as a ‘RELIEF FROM STAY” in order to go ahead with your foreclosure…this takes a couple of weeks in my experience. MY BIGGEST MISTAKE is that at the time, I DID NOT RESPOND to their motion for that relief from stay…At the timje , I was trully ignorant, knew NOTHING about the fraudclosures & was so blown away by the very fact that I had to file for bankruptcy that I couldn’t even think straight…so DO THAT FIRST. 2nd. get ahold of your public trustee & talk with him or her about what is going on. 3rd. DON’T FREAK OUT….LOL!!! My home was sold on Jan 4th AFTER the public auction….I am still here…there is more that you can do before they will come to evict you from your home. Please don’t hesitate to email me with questions, I will turn on the responses for this thread & will get back to you as soon as possible to share more if you need it. GO TOMORROW, FILL OUT A PRO SE BANKRUPTCY & GET IT FILED..IMMEDIATELY! Penni
Gari
July 17, 2012 at 8:18 PM
ty ohioan & penni,
Penni – how do i email you directly? i have a few questions such as what i might say in the response to their motion to relieve stay and also how do i find out who my public trustee is and what they can do and how you are still in your home?
i know that the bank says they own my note and assignment of mortgage but there are only fraudulent documents on file which is why i am fighting them in court to begin with so why wouldn’t I list it as an unsecured debt? why would I file 13 v 7 (i can’t afford the mortgage that stands much less all the fees they are hitting me with) and how do i figure out what do i need to know about advance notice if anything right now (i believe here in NM they need 30 days and we are at day 28 – does that matter right now)?
THANK YOU!
gari
Hell No, No More Bail-OUTS
July 17, 2012 at 8:41 PM
She should file a Chapter 13, not a 7 if at all possible. As for the listing of the house as UNSECURED, in many cases where there is a problem with the mortgage, the loan may actually NOT be properly secured by the property. The loan is against both the house and the land supposedly but this is what needs to be disputed if there are grounds. Therefore, she would either list it as unsecured or list it as secured and disputed.
Penni’s logic is sadly missing this point. Some very noted attorney-bloggers have pointed out that many of the loans should be listed as UNSECURED if a bankruptcy filing is required to stop the foreclosure.
If you call to ask for more time – be sure to follow up in writing. Tell them how much time you need and why. And always keep a copy of your written fax or email. In writing, so there is a record. Or, act within their deadlines, since failing to be on time gives them an excuse to deny you.
I would also RECORD any phone conversations with them….let them know you: ‘might be recording this conversation for quality assurance”…:-) if you don’t have recording capabilites on your phone, go invest $19 bucks at walmart . You can use a recording in court if you warn the other party that they are being recorded… also, write down times that you call, the number you, the name of the person you speak with, become your own best investigator….i know this is alot to keep in mind when you’re frazzled, but it will all work in your good stead later on should you need it. The WORST thing is to fall into thinking that there is no way to fight for yourself…the terror leaves after a time….LOL!!! we are all here for you…;-) Penni
I just received a modification package from Nationstar ‘Mortgage’ and it’s faster than planned.
ARE THEY ramming these through because of the LIBOR thing and other corruption catching up?
Should I go ahead and sign it – they only give me like two days to do so.?
No, I don’t really trust them (already have 2 alonges to note and I know they’re fraudulent) but also don’t want to spend my life fighting them either and lose my job because of fighting it, and don’t have the money for a lawyer if any even return calls, plus I have to decide fast or modification will be recalled.
Should I just sign it and wait for he fallout of all this banking B.S.?
Also I was working with a HUD counselor and I find it fishy as well they didn’t send the package through him (will call him first thing in a.m and pray he’s in)
I hope someone has some advice…it’s all so frustrating
It sounds fishy to me since they are only giving you two days to act. Did they lower the interest rate and convert it to an interest only loan? I’d call them and tell them you need a few more days while your HUD agent reviews the re-mod offer.
Bank of america playing games again. they sent me a copy of my note and there is no endorsement at all. a previous copy of my note showed it stamped by robo-signer Michele Sjolander. pay to the order of countrywide home loans, without recourse. why now its totally blank I do not know. they said the owner of the note is mellon bank a trustee, yet I get an email from them saying they are not the owner of the note. I have a fraudulent assignment too. I doubt who I really owe money to and who owns my house.
You can listen to an argument at the 9th Circuit, under California Law, at this link;
Listen to recording for case: Michael Carney v. Bank of America Corporation, et al., No. 11-56421
Listen:
* Requires Windows Media Player http://www.ca9.uscourts.gov/datastore/media/2012/07/11/11-56421.wma
Download:
11-56421.wma
Case Name:
Michael Carney v. Bank of America Corporation, et al.
Case Number:
11-56421
Case Panel:
Burgess, TALLMAN, SMITH
Hearing Location:
Pasadena, CA
Hearing Date:
07/11/2012
Supplement(s):
N/A
I have found that the best approach to filing is to file everything you can whenever you can, make it part of the record. So many times people are denied the opportunity to redress their legal issues because the courts say “Late Filing” or “Issues not raised Below”.
Make it part of the record, repetition is not grounds for denial….
please sign my petition to end all this mortgage fraud and discrmination under the u.s. title 49 fair equal housing act civil rights law for predatory lending providing full restitution to the victims of this crime.
case no. is 10-12-0032-8. feho case region ten us. hud fair equal housing office seattle wa. ms mcbride us hud regional administrator for us.hud pacific northwest.
best regards
David
please sign my petition on change.org for the link above. under economic justice
Help in New Mexico! My house is scheduled for auction on 7/19/12 and I have filed a Notice of Appeal (7/2/12), and Motion to Stay the case in district court (6/28/12) and the judge has not responded at all. I have contacted the judge’s clerk several times but she either does not respond or says she does not know what is happening. The judge seemed very sympathetic to my case but his clerk does not. Is there anything I might be doing right now other than waiting and calling to see if the judge is going to stop the sale?
Go to your states Supreme or Superior Court Rules, there’s a way that you can by-pass the Appeals court and pose a question directly to the the States Highest Court when no other remedies are available to prevent harm in a timely manner. If you can get your question before them they will usually issue a stay of the lower court proceeding until that court responds.
Wish I could tell you more but maybe someone out there familiar with New Mexico can jump in with some info.
Call the Clerk of the Supreme Court of New Mexico and tell them what you just told us and see what they say. It is very unlikely that there is anything you can file to your supreme court except perhaps a petition for writ of mandate – for the court to compel the lower court to rule on your motion. You can also file another pleading with your local court to remind the judge that you have this pending motion. You can see if you have a trial rule 53 in your state that patterns the Trial Rules for the USDCourts which if you find that the time has been delayed beyond the time limits for the judge to rule, then you can do this 53 motion to have the clerk file the judge and do what this rule states must be done for a replacement judge to take over the case.
Gari
July 12, 2012 at 7:07 PM
Thank you very much Dan. I am going in tomorrow to file an emergency amended motion for stay of auction and a couple of other things and then file a Motion for Review with the Court of Appeals on Monday afternoon if the District Judge still has not ruled. I am asking the Court of Appeals to review the District Court’s non-action.
I am looking at your comment here as well and think that what Trillions says below may also be an option but I have heard it is a long shot. Still it is something! I am just so over my head in all of this. The judge never ruled on my Motion to Strike some of the Plaintiff’s evidence as well. Should I also maybe file on that now or just wait to see what the Court of Appeals is going to do?
The Judge seemed very sympathetic, it seems to be his clerk/secretary that finds my case annoying.
I filed a Lis Pendens in my county recorders office which means pending lawsuit. I would post signs on the property that say “if you buy this house there are clouds on the title”, or demand to talk to the judge. say its an emergency. call your congressman. call the local news. make noise. dont leave your house. get evidence of fraud by robo-signers and take that to your attorney general and say you need emergency help. dont ever give up!! They are guilty of fraud!
Looking to find depos from Mary Ann Hierman and Debbie Nieblas as far as their robo-signing activities(if there are any) and any info that can be used in re: their activities. They have signed as Secretaries…. but I need more information. Thank you for the help.
MARY ANN HEIRMAN is a known robo-signer. Try and find one of the current lists of robo-signers becasue her name will be on it and I’ve seen alot of her signatures that appear to be nothing more than a rubber stamp.
If anyone is interestied would like to be part of the telephone conference with Donovan, here’s the info:
“We want to make sure you know about a tremendous opportunity to learn more about how home mortgage relief works and what it will mean for homeowners and the economy.
The U.S. Secretary of Housing and Urban Development, Shaun Donovan, will be holding a live online video conference on Thursday at 3:15 E.T. to answer questions and provide more details.
RSVP here to the online conversation with Secretary Donovan. A reminder will be sent to you before the event.
Secretary Donovan is an important voice in the administration on housing issues. This is a great chance to hear directly from him and show that there is a nationwide community calling for action….”
………………………………………………………………………………………………………………………………………………………………
If the link (on the RSVP line) doesn’t work, please contact me and I’ll forward the e-mail from Rebuild the Dream.
Rusty: You are CORRECT: banks must follow 2923 & 2924. It is the OBVIOUS error on theri part when they don’t. Be sure to motion for a TRO which lead to a P/I…IF…you can prove the forged signatures. I have MANY “T.Sevillaon” forged sigs; includiing the sig in the NOTARY LOG BOOK which does NOT match the recorded docs. It’s GREAT EVIDENCE but may not be enough to get a FREE & CLEAR house… depends on the jury….
Again, don’t get fooled by the ‘ghost’ trustee sale; which they WILL pull on you. Here’s a good summary of HOW they’ll operate (My Opinion Only…)
My case Marilyn Lane v.Astoria Federal was in Federal court May 8 1997 thru July 29 1997 when the state judge on June301997 illegally signed two judgments of foreclosure and is in the record for all to see and
yet Fidelity National Title and a scam company called Coronet Title can paqqy off NewYork judges to claim
their forged deeds are good.
marilyn lane
July 8, 2012 at 7:50 AM
Tim
In NY Chief Judge Jonathan Lippman does nothing about the lower court judges ruling against the law.
(the trial court and the appellate court judges)
I think that is why he is pushing for pro bono ATTORNEYS in fraudclosure matters because so many pro se defendants are fighting the the law is not being followed .
Not saying this is the case in your instance, but many foreclosures go through because of poor arguments. Judges only rule on the claims and defenses brought up in the action. This usually limits the scope of their rulings. It is sad, that they forget that they are the guardians of justice, and are supposed to be the defense to injustice occurring. We all know that they have long since disregarded this. This is especially true in pro se cases, where judges should be especially vigilant.
“Show me the note” is a good argument, but many do not use it in its correct context, the UCC. They just toss it out there. A better defense, though seldom plead, is “Read the note”. The note’s language supercedes the language of any security instrument or outside agreement. Many notes make any endorser equally responsible as an obligor with joint and several liability. In a securitization, there are many parties that endorse the note, and unsuspecting, make themselves obligors. As such, they cannot assign or sell the note “without recourse”, to be an effective transfer. You, as the pricipal obligor, have rights of recourse against any secondary obligors, that only you can waive. You cannot sell or assign less than the complete instrument under UCC.
This is also among the many reasons MERS mortgages are Bullsh*t. A nominee cannot retain any interest as a “person entitled to enforce”, in an instrument upon sale or transfer, no matter what they claim. They cannot enter into a contract on behalf of some future owners which they have no agency with. A contract must be signed in the present on behalf of the parties to the contract, or specifically named parties if it is a perpetuity. Nor can the MERS Membership Rules, as an undisclosed outside agreement, interfere with the original contract. These membership rules are actually a defense to the obligation.
Understand your mortgage docs, and how the UCC binds or discharges parties to obligations. Plead accordingly.
You have a right to record documents effecting title to property as long as they are not spurious documents only meant to delay or disrupt someone elses rights in that property.
However, whoever bought the property at the foreclosure sale can not and will not be affected by your lis pendens filing because it wasn’t part of the record at the time of the sale so no matter how much due diligence the buyer exercised, he couldn’t have foreseen your issue effecting his purchase.
That ‘s my take on it but this isn’t legal advice.
Thank you Grey for the info! My home was purchased by the so-called Trustee Cal Western Re-conveyance so it’s a REO property. All entities involved were aware of my challenge to their action as indicated here
TAKE NOTICE
There appears to a clear violation of applicable law, mater irregularity or suspicious activity that reasonably suggests a material defect in the foreclosure process. However further verification is recommended to confirm the issue determine whether certain other elements of the supposed defect exists and therefore the potentially suspicious activity exists:
A review of procedural compliance with applicable rules pertaining to:
o Notice of default; California Gov. code 27287
o Notice of trustee’s sale; CA Civil Code 2924 et. seq.
o Substitution of trustees; CA Civil Code Section 2934a
o Assignment of Deed of Trust; California Civil Code Section 2923.5
Evidence of forgery or misrepresentation of identity:
o Signature Variances California Gov. code 27287
o Notarization Violations; 15 U.S.C. §1601, et seq.
o Appraisal Violations; 15 U.S.C. §1601, et seq.
o TILA Violation 15 U.S.C. § 1601(a). et seq. and Reg. Z – 15 U.S.C. §1635
o RESPA / HUD Violations P.L. 93-533. 24 CFR Part 3500 (1993) Section 8
o RICO Violations 18 U.S.C. §1962 (d).
RE:
Loan Number 1044687110
MIN 100425240007853077
Recorded TD# 20060519-0108048
Page 12: Notice of Default and Election to Sale: The authorized party must be truly authorized and not a party with APPARENT authority because the authority must be executed in properly recordable form and then recorded PRIOR to the notice of the default.so the notice of default is defective unless California Reconveyance is the Trustee but it doesn’t say. California Reconveyance cannot be the Trustee unless it is appointed by an authorized party and the recording of the substitution predates the notice of default.
So I am thinking they have knowledge of these flaws.
I really appreciate your input,
Rusty
Can a Lis Pendens be recorded after the Trustee’s Sale? I have researched the law and cannot find information answering this question.
CODE OF CIVIL PROCEDURE
SECTION 405-405.24
405.1 as the party who asserts a “real property claim,” which in turn is defined in Section 405.4 as a cause of action in a pleading which would, “if meritorious,” affect title or the use of specific real property or an easement.
The statutes primarily governing the recording of a notice of pendency of action are found at Code Civ. Proc. §§405–405.61. The basic circumstances and requirements for recording a notice of pendency of action are found in Code Civ. Proc. §§405.20–405.24. A notice of pendency of action is available in real property claims as defined in Code Civ. Proc. §405.4
I live in Georgia, & I would like someone to please explain to me how it is legal to be tortued & harassed by Bank of America just because I won’t do a home mod!!!! It all started in 2009 when I went to pay my land taxes & found out Bank of America had paid them. I pay my own taxes & Insurance. I have 50 acres. I only have a mortgage on my house & 10 acres. They paid taxes on my whole 50 acres. Needless to say I sent them a check for their mistake. Next they put a Forced Flood on me. It’s in my loan docs that I am not in a flood zone for the life of my loan. I had damage done to my home in a storm. They stole my Insurance money. People started showing up on a weekly basis peeping in my windows. Bank of America started billing me for it. I started getting Foreclosure letters, I am not behind on my payments. I kept calling & they kept telling me that I HAD TO DO A HOME MOD. What the Hell? It is know 2012 & my credit is ruined, my hair is falling out & I am still harassed on a weekly basis to do a home mod. IS THIS NOT AGAINST THE LAW?????????? HELP bankofsuxgeorgia@gmail.com
I might help you better if you contact me at my email of mlfwf@yahoo with more information than I want to take time to write here as I do not know that you will ever see this – so – You could file a suit, maybe in small claims as that will be much simpler than regular court, but the amount you can be awarded may be less than with a jury but a jury trial is much more difficult and takes much longer to get relief. Your lawsuit could be for trespass and or harassment or something related as a homeowner in texas just got a sanction against a bank recently for $300,000.00 for such behavior as posted here within the last couple of weeks, but you will need to have meticulous records to make your evidence prove your injury for damages or judgment in your favor.
I reside in MD as well, and I am curious about your attorney/ Are they profecient in foreclosure protection?? Do they have any training in this matter or are they learning as they go?? No disrespect because I have done research on my mortgage and know that BOA is just a servicer but acting like they are the note holder which I have found to be untrue. I also know that my loan was sold 3 times and never registered in the county court house and my note was actually sold to an investment pool … let me know James
Any info on Estrella Saldago, signing for MERS? I have the document she signed, if anyone wants it, send me an email, marjalaw@gmail.com
On behalf of BAC (Bank of America), the signor was Jeff Stenman, signing under a Power of Attorney, but when I looked up the actual Power of Attorney, it did not list Mr. Stenman (but I cannot get the actual document off the internet, just a listing of four persons, who do not include Stenman).
The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building
Albany, NY 12224
Dear Governor Andrew Cuomo:
Below a copy of my letter to Chief Judge Jonathan Lippman.
Excuse the bad word but I am sure you have used it once or
twice in your life.
June 25 2012
Chief Judge Jonathan Lippman
20 Eagle Street
Albany, New York 12207
Judge Lippman:
I am in receipt of Andrew W Klein’s letter returning my motion
papers asking for the Court of Appeals Discretionary Jurisdiction
in an appeal for Constitutional justice against five f—ing lying
1st department appellate judges. (better get use to that language
that is how the citizens of the country are talking about the judges
on the Internet and with good reason.)
Are these five judges Saxe, Friedman, Moskowitz, Freedman, Richter
going to say sorry we lied in our first decision about the dates the case
Marilyn Lane v. Astoria Federal S & L was in federal court
May 8 1997 thru July 29, 1997 and the two void ab initio foreclosure
Judgments of June 30,1997 signed in NY State Court and tell the truth
No they are going to keep covering their lies. They made a fool of you
in their one word decision and you still trust them. Amazing.
The Constitution pursuant to Elliot v. Piersol says these two condos are
still my two condos., although the NY Court of Appeals doesn’t care
whether their judges war with the Constitution.
Procedure wasn’t the problem. If your judges had the smarts and ethics
of Judge Arthur Schack, I would have been back in my two properties
many motions back.
Your court stole hundreds of thousands of dollars from me with their
Fraud, so you don’t have to fake the court’s honesty about $65.
Your judges destroyed the integrity of the New York courts.
YES MARYLAND i am fighting in florida. this is aa horrible time in our lives. my issue right now is finding joan m mills robo stamp documents. i am trying to find out information why judges are are allowing robo stamped douments to foreclose??
Looks like Wells/ America’s Servicing is attempting to try again here in Maryland. We were successful (with an Attorney) backing them off a year ago, and here we go again!
I am wondering if anyone has actually recieved a “Securitization Report” with Loan Level Data? I am specifically looking for data that shows my account and any payments (or payoffs) recieved via Credit Default Swaps, and or “Credit Enhancement”?
I am also curious to know if anyone has sucessfully won producing this documentation?
I know they don’t really have any standing, as they are 3 removed from the ‘Lender’, who has gone out of business some 4+ years ago.
Anyone in Maryland successful?
I will be posting updates and our story here for all to use.
Fight the good fight! Challenge Everything! They don’t have it! (And if they do, they made it up!)
I have been to the Whatsignature website, not much there and what is there is very dated.
What everyone needs to realize about this Robo-Signing story is is that it’s “FRAUD” and calling it robo-signing doesn’t change that fact.
The TBTF Banks along with MERS have not stopped using foregeries to steal the American Dream. MERS entered into a Consent Decree with the OCC and several other agencies (this report was released March 12, 2012) and they have failed to uphold their end of the deal but I won’t go into the details here and the Banks, well we all know about the agreement that was just reached recently and the amazing BS that was contained therein.
All these criminals have done is to relocate, you can’t call it a change in tactics because it’s pretty much the same game they are playing. using forged docouments signed by forgers and acknowledged by notaries who should be jailed. They have just started using new people in new places because so many of the people and names used in the past are public knowledge. So here we go, the same game all over again. Does this feel like Groundhog Day to anyone but me.
Several new Notaries out of Southern California are acknowledging these illegal assignments coming out of MERS and now MERS is attempting to assign your Note along With your Mortgage or Deed of Trust.
It is to the point that I want to throw up everytime I see a new docoument, it makes me sick. I clearly see the criminal activity but those trained to see it can’t get thier heads pulled out the Bankers butt fast enough to catch it.
I can’t continue, I think I hear someone riding down my street on horseback hollering the Bankers are coming the Bankers are coming. Time for me to answer the call to arms…..
If an actual debt collector sent notices to a chiropractor, or any other inappropriate recipient, that may be a violation of the Fair Debt Collection Practices Act, or a similar local state law. This might not apply to National banks.
We are fighting BOA/ Countrywide . I am looking for anyone who has confirmed documents of ROBO signers, DEPOSITIONS, AFFIDAVITS, NOTARY ORGANIZATIONS, ETC. regarding:
MERS Morgage Assignments for these names of ROBO signers from California.
MERS ASSIGNMENT OF MORTGAGE:
1. Chrisopher Herrera Assistant Secretary
2. Jane Martorana Assistant Sercretary
3. Chester Levings Witness
4. Miguel Romero Witness
5. Norma Rojas “NOTARY”
Note: Stated that recorded mail to “CoreLogic”
PLEASE EMAIL ME AT BANKSTERBUSTER@YAHOO.COM , no “s” in email just me alone as pro se.
more to add: Prepared by Kathy Oriad from Bank of America
Also, we have been in litigation for 5 years… the Assignment is dated 1-18-2012 . As in 2012 … 6 months ago?
My sale is scheduled for July 29th. What do I need to do to stop the sale of my home? I have filed a motion to leave district court so that I can file an interlocutory appeal but my judge’s staff is being very difficult about when the judge will respond and I may have missed the 15 day deadline so my thought is to just go ahead and file a regular appeal with the Court of Appeals because I am within that 30 day window.
If worse comes to worse, can I file bankruptcy right at the last moment to stay the sale until I get responses back from the District Court and Court of Appeals? Or is there some other angle I can take to keep my house from being sold while I am waiting for the courts to respond?
Is it common practice for foreclosure paperwork to be sent to other people like my wifes chiropractor? We’ve been behind on our house and actually gave up and stopped paying on it figuring we were just going to leave. It was mostly due to my wifes being out of work for over a year and a half.
Now she has a decent job again. But we got foreclosure paperwork setting a sale date of August 17th (now moved to August 30th). So we called Wells Fargo trying to see if we could work anything out. They just got back to us and offered us a deal which we’re considering.
About a week ago my wife goes to her chiropractor because her back was out. The lady at the front desk gives her the folder and says go wait in the room. Out of curiosity my wife opens it up to look and whats on top but our foreclosure paperwork with everything on it – original signed documents, foreclosure sale date, what we’re behind, etc. Very embarrassing. Who else would they have sent it to? Why would they send it to my wifes chiropractor who has nothing to do with anything. Is this normal? Feel like contacting a lawyer over this.
mike, you dont mention the sate but i gather non-judicial. 1st of all please understand wells fargo does not own your note or mortgage. the mortgages were sold right after closing. heck wells fargo lent us none of their own money. indiscovery we all need to find out who lent us the money, that becomes fraud since they are not on the note or mortgage. but this is a small art. please obtaon a lawyer to defend the foreclosure. most likely you were given a predatory loan either an adjustable mortgage with a baloon or a stated income loan which means no income verification. done to everyone. in reality you should have been able to afford your house on one salary the same thing happen to us by the hands of wells fargo. stated incom loan, no income verification = mortgage made to fail. fight wells fargo with everything you got. please check us out on foreclosure hamlet and living lies websites. alot of good information. good luckk and fight!!!!!
Very odd, discuss it with your attorny. Is it possible that under the stress of foreclosure you or your wife left the paperwork behind in the office on a prior visit, and they just put it in your file for safe keeping?
Court records are public records, so any one could have a copy. Still, it is odd.
More to the point, a pending sale is NOT funny. If you plain to keep your home focus on the real legal battle, not the peripheral stuff.
So do I need to wait for my district judge to give me permission to file an appeal with the Court of Appeals before I file with them? While the judge is sympathetic, his staff seems very frustrated and confused by my questions and did drop the ball on sending my documents as well as failing to notify me by email as I requested. I am starting to get stonewalled by the courthouse staff though I have taken every opportunity to be friendly and patient and grateful as I have read I should and as I watch ALL of the attorneys who come in do. However we are a very small uneducated rural community with a huge amount of neopotism and I am white and the staff is not so me being an insistent white woman who is asking them questions they should know the answers to and do not is really starting to aggravate them. Yet I need this information and for them to do their job. There are a number of errors in my court case log AND the laws recently change so that I cannot access any filing online nor be notified but the Plaintiff can through his attorney so they get everything immediately. Should I start to bypass the district court and hope the Court of Appeals will be more organized and professional? So far they are nice but they also do not know what an interlocutory appeal is nor how to file one and they are the ones that told me I had 30 days though I was very clear about the ruling in my case. Should I try to get the state Supreme Court to assist me here???
However, I just looked at the rule again regarding Interlocutory Appeals and think I may still be in a bad position because I did not file the appeal itself because I ‘thought’ I had to file a motion for leave from district court and receive permission from the judge before I could file an appeal with the Court of Appeals – but looking at the rules it sounds like I had to file the actual appeal itself within 15 days of the judge’s filed decision:
New Mexico
39-3-4. Interlocutory order appeals from district court.
A. In any civil action or special statutory proceeding in the district court, when the district judge makes an interlocutory order or decision which does not practically dispose of the merits of the action and he believes the order or decision involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order or decision may materially advance the ultimate termination of the litigation, he shall so state in writing in the order or decision.
B. The supreme court or court of appeals has jurisdiction over an appeal from such an interlocutory order or decision, as appellate jurisdiction may be vested in those courts. Within fifteen days after entry of the order or decision, any party aggrieved may file with the clerk of the supreme court or court of appeals an application for an order allowing an appeal, accompanied by a copy of the interlocutory order or decision.
I have been reading the rules to the best of my ability but I still misunderstand and miss things no matter how hard I try not to do so. The last thing I ‘missed’ was regarding how long I had to file my appeal. My local rules say 30 days and so did the Court of Appeals. However, yesterday when I came to town to formally begin the process by filing my leave from district court to appeal to the Court of Appeals, I noticed a rule for ‘interlocutory appeals’ which I had not seen before nor known to look for but remembered it being mentioned in the last week regarding my case and the rule for these types of appeals allows only 15 days. After digging around a bit, I came to the ‘understanding’ that my case is interlocutory and based my request for leave on an Order filed on 6/13/12 denying my motion for reconsideration of plaintiff standing plus threw in the others filed on 6/8.
My understanding is that my judge has the power to determine if I have to post bond or not during the appeal and he does not generally require the Defendants to do so but I am aware of this issue.
Now when you say trustee, I assume you mean the Plaintiff and I always electronically file (which they get immediately) as well as send them hard copies via certified mail of anything I file. All of these things were filed 6/28 so I know they have at least a 30 day notice. What specific rule am I looking for here regarding time needed to notify the trustee? Of course, my argument is that the Plaintiff is not the trustee but still, I guess I am suppose to act as if they are?
Did you actually set, or schedule, your motions for hearing, sufficiently prior to the sale date? You need to check your local state statutes, how much advance notice does the Trustee need, to stop the sale? Also, check your deed of trust. Did you notify the Trustee of the pending motions and the hearing date/time? Sometimes, courts require that a bond be posted in order to stay a sale – so you may want to gather funds to put a bond together. You may want to check your local state statutes and court rules about the amount of bonds.
I have filed the following to both appeal my district courts summary judgment to the Court of Appeals and also to keep my house from being sold on the current set date of July 29, 2008. Is there anything else I should consider doing right now or do I just need to wait for the judge to rule on my current motions?
06/28/2012 MTN: MOTION
TO STAY CASE IN DISTRICT COURT DURING APPEAL TO APPELLATE COURT
06/28/2012 MTN: FOR LEAVE
DISTRICT COURT TO FILE INTERLOCUTORY APPEAL WITH THE APPELLATE COURT
06/28/2012 MTN: FOR LEAVE
DISTRICT COURT TO FILE COUNTERCLAIM
06/28/2012 REQUEST FOR HEARING/ SETTING
@BobbiSwan never heard of those guys but check out their sites if they have one – ask them if they are foreclosure defense attorneys who get the fraud going on – most just do bk’s and mods. I’ve heard that Stopa and Gingo are Fl. attnys that “get it” – check them out too.
California notaries are REQUIRED to keep notary logs. CA notary laws are stricter than most. Get copies of the notary logs. Full logs or old logs are turned into the goverment. They do not vanish. If you have CA notary then get failure with CA notary laws and the methods of requesting the approprate page from the notary logs, and what the log should contain.
Your right, CA has some strict notary laws and I requested the journal entry for my particular assignment and guess what, the signatures don’t match.
That’s why I’m trying to gather as many documents signed by Cecilia Roidriguez and acknowledged by Darryl Brown as i can find—-I suspect that this duet is one of BAC’s newest Robo-Signing Teams.
More to come as I get the documentary evidence.
thx,
Dan
Roberto
July 2, 2012 at 4:55 PM
I have documents under the name of Cecilia Rodriguez & Darryl Brown, contact me.
Dan
July 4, 2012 at 11:42 AM
Roberto,
I can’t seem to find a direct way to get back to you but I am really interested in anything you have signed by Cecilia Rodriguez, Darryl Brown, in combination or seperately.
I now have about 9 documents and people are coming forward everyday iwth new stuff. Just got one where Cecilia was the one preparing the Assignment for BOA and Brown acknowledged for 2 other signers.
There is a site called ‘whatsignature’ that has some method for documents to be uploaded and shared. Check out posting documents there. Documents can have only the signature page uploaded.
A. Application for interlocutory appeal. An appeal from an interlocutory order containing the statement prescribed by NMSA 1978, § 39-3-3(A)(3) or § 39-3-4(A) is initiated by filing an application for interlocutory appeal with the appellate court clerk within fifteen (15) days after the entry of such order in the district court. Copies of the application shall be served by the applicant on all persons who are required to be served with a notice of appeal pursuant to Rule 12-202 NMRA. The three (3) day mailing period set forth in Rule 12-308 NMRA does not apply to the time limits set by this subsection.
B. Content of application. The application shall contain a statement of the facts necessary to an understanding of the controlling question of law determined by the order of the district court, a statement of the question itself and a statement of the reasons why a substantial ground exists for a difference of opinion on the question and why an immediate appeal may materially advance the ultimate termination of the litigation. The statement of reasons shall contain case references, where available, and shall contain a summary of the applicant’s arguments. The application shall include or have annexed thereto a copy of the order from which appeal is sought and of any findings of fact, conclusions of law and opinion relating thereto. The application may have annexed thereto any other documentary matters of record that will assist the appellate court in exercising its discretion. The docket fee shall accompany the application but no docketing statement or statement of the issues is required.
C. Form of papers; number of copies. An application for interlocutory appeal shall conform to the requirements of Rules 12-305 and 12-306 NMRA.
You also need to realize, that an appeal does not usually stop anything. if you want to stop, or “stay” any proceedings during an appeal, you need to ask for that by motion, usually. Of course, we don’t know what state you are in, or what rules you are operating under.
Hello All – I am in Florida (Tampa Bay Area) and I have come across some attorney names that supposedly represent homeowners. I don’t know anything about these attorneys but wanted to know if anyone out there has had any contact or workings with any of them. They are:
Rand Peacock
Del Vecchio
Adam S. Goldstein
Alexis Palma
I am here at the Court of Appeals trying to file my appeal but I am unsure if it is an interlocutory appeal or a regular appeal and think i might be in a very bad position because when I contacted the appeals court after I found out that the judge had denied my question of standing by the Plaintiff, they appeals court told me I had 30 days. However I am here trying to file and if it is an interlocutory appeal, I only had 15 days from the time the Judge filed his response on June 8th. However, I was not notified (though I requested both the Plaintiff Counsel and the Judge’s staff to contact me via email) until I called and asked the Judge’s clerk directly which was not until June 14th and she stated she had held the hard copies for me and did not mail them so I never received anything in the mail. I had also contacted the Plaintiff’s legal assistant, Karan Mitchell, as well while I was waiting for the Judge’s response but she did not return my calls or emails. I have contacted her since finding out that Counsel was notified (especially since they drafted everything for the Judge and knew I was awaiting the information on the Judge’s decision) and they state they mailed it to me but have no proof of service. This is the first time I have ever not received something they mailed to me and it was very time critical and they were aware of that more so than anyone. What can I do now?
No idea what state or court you are in, and no idea if you have a final or interlocutory appeal. Probably the thing you file is a notice of appeal, probably in your court, not the appellate court, along with the filing fee.
You sound very confused, so I am going to suggest you GO see a competent foreclosure defense attorny, ASAP.
Appeals to an appellate court are technical and before deciding IF you should appeal at this point you do need to understand if you are in a final appeal or interlocutory stance, and exactly what grounds you have for an appeal, and if the issue is even an appealable issue at this point in the process.
Gari
June 28, 2012 at 12:35 PM
Thank you very much James for your prompt reply and I am in New Mexico (which probably is more Mexico than US in the sense of knowing the US law)! I am fairly sure at this point that I have an interlocutory appeal though since it was not clear I could file a regular appeal, let the appeallate court reject it, have it go back to district court, and then try to get it back to appeallate court but I think I would again miss all my deadlines. Can I do both? File application for a regular appeal (because I am in that time window), and file for leave today (20 days after judge’s summary judgment) to file an interlocutory appeal? the judge’s clerk admits to not mailing me a hard copy hence I was not notified until I actually went to the court house to ask in person because I had been asking by phone and email since March 26th. I think the judge will be sympathetic to my request but ????
DOCUMENTS WANTED CECILIA RODRIGUEZ signing for MERS DARRYL BROWN Notary from California
Anyone who has an Assignment signed by Cecilia Rodriguez as Assistant Secretary for MERS and Acknowledgment by Darryl Brown Notary Public from California or any combinatin of the two, I NEED COPIES OF THOSE DOCUMENTS.
These two are some of the newest ROBO-SIGNERS being used by Bank of America and MERS to steal peoples homes from Florida to California and everywhere in between.
I have 5 Assignments with their signatures and none of Ms. Rodriguezs match and compared to the one I obtained from the Notaries Journal only one matches that scribled line.
There are even questions as to the Notaries signature on these documents.
Please, if you have anything signed by either one of these two individuals send me a copy…….
My case was dismissed by the Circuit Court Judge because Florida statute requires that the plaintiff move the case forward in some manner within a year. There is case law on this matter and a rule civil procedure requires it. I filed interrogatories and the “bankster’s” lawyers did not or could not answer.
The case was dismissed “without prejudice”, which allows them to re-file. I am going to pursue a quieting title, but need a good attorney in the Palm Beach area who understands the securitization issues. Does anyone know any?
Richard, do you know the rule or the statute limiting the time for prosecution in Florida?
Also, is there a limit to the number of questions you ask in any discovery? Someone wrote that the number is 30, but I can’t find the rule itself. Did you send them a request for admissions, as well?
The discovery process has been brutal in our case as well. I get the feeling the servicers/foreclosure mills don’t care what happens either way. It’s like they are just killing time. Sometimes I feel like they know something we don’t or that they are waiting for something to happen. I don’t know what the answer is and it is very frustrating.
WOW!!!! Check this out!!! http://www.msfraud.org/law/lounge/Wallace-v-Wamu-Lerner-lawfirm_6-12.pdf
For everyone fighting in Ohio relief seems to be coming. The Supreme court is due to make a major decision and now one of the top fraudclosure mills is being sued finally!! KEEP FIGHTING everyone, DON’T GIVE UP. GOD BLESS!!
Regarding Mortgage Servicing Agents: 1) Do not deal with them over the phone, send them a certified letter of your complaints and cc: your local State Atty General’s office as well as the Consumer Financial Protection Agency. 2. Docoment all phone calls, door hangers and other methods of harrassment, including missed or misplaced payments 3. If you do have someone call you, explain that you can only accept any loan modificaions and/or agreements in writing, not verbally. Also let them know that YOU will be recording the phone call (since they often tell you they will be recording the call), you can do the same with your smart phone. Keep complaining until they get it right, if we all do the same thing, it will be harder and harder for them to screw the next guy.
I’m in Delaware but also have an investment condo in Maryland. They are unbelievable. They have run me in circles with discovery, but I just keep making them join the fun circle run also by coninuing to take the time and address each and every delinquency in their responses and objections to my admissions, request for documents and interrogatories. They are so unfazed about vague answers, lies, and blatant statements that this or that is not relevant to anything. The judge warned them at my motion to compel hearing in February and they are still trying to pool the wool over my eyes. They must really think most of us are complete morons. We have been going back and forth on filing motions and objections etc., and the Judge finally ordered a mediator must get involved and after he receives the mediators report; he will then schedule the trial. I will have a “thesis” ready for July 20 when we meet as well as 80 pages of specifics on each piece of discovery and how it negatively impacts my case which is prejudicial. They think they will wear me down but the next to the last lawyer pulled out after only a few months. They are now on lawyers numbers 8 and 9. They keep hoping the hit the lawyer “jackpot” that will kick a_ _. You are right, unless you live it you would never believe it. They are all scum that have been allowed to get over on everyone far too long so they are overly confident that they can’t lose. Only God himself knows what the final outcome will be.
I don’t know if I could continue this for five years like you. You have my greatest admiration!
Here goes.. we hired a attorney for modification process went on for a year and thousands of dollars later guess what no modification what so ever, we attended ordered mediation hearing , no agreement there , our arguments were not stated, part of mediation process, we offered carrington points our house is not valued less then 50,000 yet they will take us for 500,000 , now we in foreclosure judge just signed plaintiffs requests to dismiss or affirmative defenses … we cannot get an attorney to take our case ( only 5 days left to respond to this ) So we are in Florida ( no suprise here who are we up against Wells Fargo who in the last 5 years were never in the picture.. I am sad , angry and trying to keep it together for our autistic daughter who has her own issues to deal with. Anyone can advise who could help me or hire without asking for the treasury dept and can actually do something please send me a attorney who might care
I am also “fighting” Countrywide/BOA in Fl. I was successful in having the case dismissed “without prejudice” for lack of prosecution. I am now in the process of Quieting title. We should all share our work in this battle.
please sign my mortgage discrimination for predatory lending and predatory foreclosure practices petition to sechud donovan of obama’s cabinet and President OBAMA AS WELL. the petition is to ask the president and sechud donovan to use the fair housing act of 1964 to stop all these discriminatory practices and shut down the foreclosure mills and protect our nations veterans. please see my petition on change.org under this link and sign and ask your friends to sign. this debacle of the middle class and disabled vets and veterans coming home from the wars has to stop once and for all.
Katheryn what State are you fighting in? We have also been fighting BOA for 5 yrs now as pro se. Judge keeps making discrimminating remarks siding with the Banksters. If someone tald me about this and I wasn’t experiencing it first hand I wouold say, “not so”… In the mean time we have filed for Quiet Title. There are no original “wet ink:” notes in our file or anyone elses file for the matter.
Richard
June 27, 2012 at 3:03 PM
Need your help..need aggressive attorney to file Quiet Title action. I have been successful against Countrywide/BOA in having the case dismissed, but “without prejudice”. Want to take affirmative action…let me know your thoughts.
Here’s another part of the puzzle people aren’t getting. As I understand it-the Mortgage is what secures the Note (collateral) right?
Well when your Note was “Securitized” it was converted and forever changed- AND- separated or BIFURCATED from the Mortgage- so the Mortgage is no longer security for the note- this would make the contract Null & Void.
Be very careful about Garfields site of lawyers that ‘get it’. I hired one on his site and she was ‘BAD”. Luckily I figred it out early and replaced her. I won my house FREE & CLEAR using the RIGHT attorney and auditor.
I have fired ‘3’ attoneys and ‘2’ auditors; won a house and lost ‘2’ others. Still going on ‘2’ more…. I have NOT seen one ProSe homeowner post a ‘judge signed order’ of them prevailing in their case. BTW: it is NOT confidential: court docs are viewable by the public: so don’t fall for that BS is someone says the ‘can’t show you’… When it ‘decided’; its public record…. Let me know how it goes if you all thse guys….
Do not miss-lead people about whether or not confidential settlements are occurring. The majority of cases with the banksters where the homeowners ‘win’ have a settlement agreement and the typical settlement agreement TERMS are CONFIDENTIAL. The banksters use this method to avoid having cases ‘decided’ that can be cited by other homeowners. Setttlements can be public with the court or they can be entered into privately with the condition that the case is dismissed. When this method of settlement is agreed to, the court would have no public information about the settlement.
THAT is the REAL reason there are so few ‘wins’. They are NOT all PUBLIC as you assert.
With any listing of attorneys, there are some that should not be listed. I also found problems with Max Gardener’s list. I took note of the responses to the facts in my own case. Even in a phone interview I found that many did not want to really STOP a foreclosure But it is still a place to start from.
I am REALLY TIRED of you pushing YOUR attorney. You have posted over and over and over again and now are including ‘factual information’ that is BOGUS.
It makes them bias and always ruling for companies like Fidelity NATIONAL Title and its subsidiaries, and Banks they might be a customer of, in cases before them.
Lets hope the kids of this fraudulent foreclosed generation become the Judges AND Senators of tomorrow and get kama back on the JUDGES and their family when they get old, and feeble and looking for Justice.
We know all the Presidents of this great nation.
Let’s Remember every CHIEF judge that ultimately destroyed this nation.
Not sure if I am posting correctly here and please tell me if I am.
Anyway here is my story; I have been fighting my foreclosure for over a year now and would appreciate any advice or comments on my case. On Jun 15, 2012 I went to court for a hearing on a Summary Judgment. Their lawyer (from Marshall Watson ha ha) told me they would be taking the hearing off the calendar. When asked why they replied they had no idea. My idea is that I have accused them of everything from Fraud to Unclean Hands. My Note has everyone from Michele Sjolander to Caryn Graham signing it. My question is should I wait for them to make the next move or should I file a Summary Judgment of my own?
Rebeca. Don’t know what state you are in, but guess it might be Florida. Don’t know the facts in your case.
The probable reason is they don’t have exactly the affidavits and proof they want to move forward, and which would secure them a sure win at summary judgement. It is likely they will assemble those in the next few weeks and reschedule the hearing.
Your best option is to have a competent foreclosure lawyer. While you may have accused them of a lot, remember this, “Accusations are not evidence”. Summary Judgement hearings are based on the evidence in the record. You may need apposing affidavits, and may need to file them x (maybe 5) days before the hearing. You can’t just turn up to a SJ hearing with evidence or argument not already timely filed in the record.
This is why you NEED an attorny, both to help put the correct evidence in the record, to make the relevant legal arguments at the hearing, and to help you object to the introduction of their ‘evidence’ (affidavits and records) if they are not properly authenticated, properly introduced or subject to other attack.
Don’t sit around waiting for their next move. Get competent counsel, read your states law and rulings on summary judgement proceedings.
Rebecca Bane
June 24, 2012 at 2:45 PM
I do live in Florida, Miami. I did answer the Summary Judgement but I don’t see how they can refute thier own Motions when I submitted documents to show them to be fraud.. For example I attached a copy of a sworn deposition of Michel Sjolander where she said she never once signed a note and they were all stamped by others. (Robo Signed)
Another where an employee of Watsons office signed an assignment.for MERS. Attached a MERS officers sworn deposition saying the Marshall employee never worked for MERS.
I mean they can’t change the documents they submitted can they or should I say would they have the gull too?
Rebecca……i have been fighting agianst wells fargo since 2009. modification/dual tracked to foreclosure.’i have had a lot of help on many different sites
foreclsoure hamlet
foreclosure warriors
livinglies
alot of talented people that can help you
good luck we all need it
Rebecca Bane
June 24, 2012 at 6:47 PM
OMG so many sites helped me and I studied them all before I filed my answer on the Summary Judgment. I don’t have a lawyer and don’t plan on hiring one. I can’t find a way to trust them. All my friends who have had a lawyer for foreclosure tell me all they do is prolong it, they don’t fight it.
When I was filing for Bankruptcy I was told by several lawyers it would cost $2,000. which I didn’t have. I filed myself and probably only put five hours of time in. Everything went very smooth. Of course the lawyers told me it was very technical and doing it myself I would probably do it wrong.
I could go on and on about lawyers who have ripped me off or have tried too. When I left the courthouse after the hearing was taken off the calendar I broke down. My husband asked me why I was crying because apparently I made them take a step back and I should be happy.
I think it was just sitting in that courtroom watching case after case being signed off on and knowing most of these people all lost their homes because of the fraud committed and it was overwhelming. I vowed to myself then and there I would fight this until someone has to pay for their crimes. Maybe I am just being optimistic this will happen but hey I will try.
I was so disgusted that Watson’s little scapegoat of a lawyer came up to me acting as if she wanted to help me through this process. She said if you need any advice to call her. I told her she knew very well the Plaintiffs lawyer could not give me legal advice and she said “well that is true”. I honestly would rather she just say “Hey b***h you won this round, see you next round.”
Anyway sorry for venting I have just been studying more and more and finding out so much how these banks and lawyers are screwing the American people. I don’t know how they sleep at night, I really don’t.
Katheryn
June 24, 2012 at 7:12 PM
Rebecca Bane,
I too have been fighting BoA for well over a year pro se. They are on lawyer number 8 now and I have been fighting just like them down and dirty with regards to discovery. The Judge just ordered us to mediation which will be on July 20 not that I’m expecting anything. You are correct; don’t trust anything their lawyers say to you. They will do whatever they can to trick and deceive you. This pro se fight has cost me dearly as I am not a lawyer nor did I know anything about this whole banking scheme so I couldn’t even guess how many thousands of hours I have spent and will continue to spend fighting them. However, we all need to keep up the fight god willing to at least attempt to right some of the horrific wrongs created by these fraudsters. Please know you are not alone in your fight with no legal help. P.S. I have experienced the same emotions like you with my husband asking the same, “that was good, why are you crying?” Again, trust nothing they tell you. Their lawyers try to do a nice sales pitch but when you don’t buy their goods watch how fast the slicksters change from nicey nice to who they really are. They tried every tactic from trying to scare me to intimidation and threats. They are finding out that none of it will work and when they get too far out of line I make sure it comes up in whatever motion I have to file at that given time to let the Judge know what they are up to. Keep up the fight!
Thank you all for your help- I have checked out Neil Garfield’s site but there are no La. attorneys list as of yet. Have spoken to Jeff Barnes and waiting to hear back from him. Will check out Max Gardner too.
Blessings to you all. If anyone should stumble upon a La. attorney please post it.
I have hired Jeff Barnes and he is going to destroy the people who stole our property and imcome He thinks Barry Silber and jim Marks should be in prison for a long time. They are a famly of Predatory lenders rescue scammers out of tampa fl who conned theri way into our lives and cheated the elderly in the process. Be on aleart for these guy including SuZanne marks and others connected to them
Also check out Neil Garfield’s ‘LivingLies’ website. He is an attorney himself who has now been rolling out a NATIONAL network of attorneys that they are vetting and providing resources to.
Go take a look at his website and check on the link to the roll-out. I’m not sure of the resources in your state right now, but they are actively recruiting both attorneys who ‘get it’ and paralegals.
Max Gardner has a list of BK ( & foreclosure) graduates on his website but, you still need to check if these attorneys are working for homeowners thru your state’s judiciary website if available. Neil Garfield also is promoting his nationwide foreclosure services in his livinglies website but, triple check those attorneys and services. Nationwide, Jeff Barnes of foreclosuredefensenationwide.com is one of the best foreclosure attorneys and works with local attorneys if he is available for your area. Check fees.
Help- Need a Louisiana Foreclosure Defense attorney or an attorney who may practice in La. as well as other states. Any help appreciated. Not sure if I need a Real Estate attorney, a civil litigator but I am having a hard time finding anyone who will take on my case.
I received the GMAC chapter 11 notice in the mail as well. My loan was transferred to them about 6 years ago and is actually a second mortgage on my house and not the primary mortgage. Does this change the way the proceedings are viewed for my loan as well. Do you think the possibilities of settling the loan for less than it’s balance would be an option? I would appreciate any help out there. Thanks.
The answer to this depends on what you really want to do with the property. Im not an attorney, but im speaking out of experiences with people i know. Yes, there is always the option of settling the loan for less, ive seen examples of helocs…if this is the case, that $40,000 was owed and the person was able to settle for $5000 OR $7000. The bad part of this is that you must have the cash in order to have negotiation skills. But if you do…i wold give it a shot. Just make sure you dont send any payment unless you recieve a contract or letter on theri end stating the new terms of the agreement. The other option you have is to hire an attorney which is best because youre taken more seriously. If not, you can always try yourself. I always say doing something about it is better than doing nothing. And propose a reinstatement payment plan that adjusts your monthly payment to what you really can pay. Most likely they will ask for your paystubs, income taxes and bank statements along with a hardship letter to prove that eventually you are unable to pay. But again there are always options, especially the way the market is right now, where properties are under water and second mortgages basically are left out. Hope i was of help.
Rebecca Bane
June 24, 2012 at 7:08 PM
See this is what I don’t get. If the bank does not own the note legally or did not get the loan legally why should you settle with them for anything? Should they not have to clean up their mess first and be fined and sanctioned before they are allowed to negotiate?
OK I owned two restaurants if a customer of mine ordered chicken and I gave them pork and they became extremely ill I was not given the privilege of saying ok if you pay me for the chicken then this will all be settled. NO, I had to pay for their losses and pain and suffering because I did not keep my part of the deal and serve them chicken, exactly what they ordered. Why should the banks not have to keep their part of the deal and do everything legally?
That sounds very suspicious for Wells to claim the loan is owned by Fannie. I don’t know of any World Savings loan that could have been sold to Fannie. In addition, if the property was more than 4 units, Fannie wouldn’t handle.
They are claiming that Fannie got a-hold of the loan through the transaction when Wachovia was insolvent. I know that Fannie does not NORMALLY handle anything more than a 4-unit building, but they claim that they DO when it occurs through the government’s takeover of the loans held by banks or S&Ls that become insolvent
No assignments are on record with the county, BTW, even though Fannie had Carlton-something already giving notice that they were foreclosing. It is now current, as I said, but they had apparently intended to file the FC and THEN do the assignments. They had not recorded the NOD but the law firm billed the account. Nothing is on record with the county that should have allowed them to be acting. But it is the typical scene.
Even now, the loan only shows as a World Savings loan, yet Fannie is demanding yearly inspections of EVERY UNIT, which was not per the standard while World or Wachovia directed inspections.
In case anyone is confused, multifamily loans typically do have annual inspections specified in the terms of the loan. The demand to inspect EVERY unit in a building where the loan is performing is EXCESSIVE. This was already occurring prior to the time when the payments were in arrears. It irritates the tenants and I have to re-assure them each year that the building is NOT up for sale.
Fannie is being a pain in the BUT and WF is a pain in the but whit the insurance impound, as everyone is (or should be) aware.
Has anyone here fallen behind on a Wells Fargo Mortgage and then submitted make-up payments? If so, Wells Fargo may have applied those make-up payments inappropriately, causing you to lose money. I’m interested in discussing this issue with affected parties. Thanks.
Are you digging into World Savings loans that WF is servicing?
On a multi-unit investment property where WF is the latest servicer of a ‘World Savings’ loan which supposedly is held by FannieMae after the World Savings and then Wachovia debacle, the loan was at one point in arrears, then was brought current. After accepting the payment and AGREEING IN WRITING that the loan was no longer in default, WF tried to demand our signature to a document that would have held them harmless for anything they did in the past OR anything they might do in the FUTURE!
The only leverage they were trying to use was a $900 fee that they would forgive vs making us pay when the loan is eventually paid off!
Our attorney did not see any point to signing the crazy document.
As far as the proper usage of the funds, we did not take up that battle as yet. The loan is continuing to be kept current.
Wake up people. Take a close look at your signed deeds. Some of them are very good fakes. We signed ours is royal blue but US banks / SN servicing submitted originals with the clerk but guess what. They were signed in black. Geewizzz how did that happen? Thank God others came forward now will the perps be prosecuted by the FBI ? Stay tuned. And thank God for our attorney Jeff Barnes out of Beverly Hills California this guy may be very instrumental in bringing the banksters and their attornies down all across this nation
Questions:
1. where are the WINS?
2. where are the WINS published utilizing any/all assistance provided here?
3. where are the testimonials from plaintiff/defendants that prevail?
4. when the meat meets the metal in civil/circuit/federal court…where is the WIN published when the property owner prevails?
5. where is the Win count, Tally board….Scorecard being kept?
**there’s plenty to read on this site…but where are the WINS?
**we can all read….and do…so…where on this site are the stories about successful strategies that have been utilized to provide relief kept?
We had a hearing today. The judge wanted to give (handout) a Summary Judgement “to get this 5 year litigation over with” and no one even petitioned for it. Of course we objected… He is clearly taking the side of the Banksters even when showing proof in black and white falsified, altered documents and no original wet ink note. We showed paperwork from 3 different firms claiming to own and HOLD the “note” and get this… we have someone elses oringinal “wet ink note” in our original filed case and it is from another case in another County. These Attorneys still won’t admit to anyone Judge, Bar, trial court, etc. that this is defective paper work. They have a duty to do this and “It must be dismissed”. The Judge doesn’t care that there was a “simple mistake” made here. We have filed Bar complaints and filed with F. B. I.
The judge keeps doing is making discrimminitory comments against us… “what the problem is here is whether or not you can’t make mortgage payments or not.”
After 5 years of fighting it is getting old with this twisted judge who doesn’t get it.
Now I am trying to find how to fing the securitization or pooling / servicing agreements. If anyone knows how to do this it would be appreciated.
Go to sec.gov and look for your banks procspectus around the time you got your loan. I googled the question and found a step by step instructions on how to find the pooling agreement. It will take time believe me and I never found a document with my actual loan number on it. However, learn alot. If you look you can find a wealth of information.
HELP- I desperately need a Louisiana Foreclosure Defense attorney. Any referrals or if you attorneys check this board and may be licensed in LA. please please please contact me. Also- any Class Action referral sites would be appreciated too.
I lost my job in January and since I turned 60yrs of age in March, had no response to any of the applications I turned in for so many jobs. This forced me to access my widow’s pension benefits. I was unable to pay my mortgage loan in May and June so I am 43 days late. I know I got my house due to predatory lending because I was “helped” to qualify for a loan with GMAC. Nonetheless, I paid diligently for 5 years as long as I was employed. I have no credit card debt at all. I suspect (from all the articles I have read by O. Max Gardener III, Neil Garfield, Robert Cashman etc.) that my loan was securitized as MERS appears on my Deed of Trust as nominee or beneficiary. I also suspect that my chain of title has been broken. My loan was taken over by NationStar as servicer about 2 yrs ago. I don’t know whether to file Ch 13 bankruptcy since I have no unsecured debt (other than my mortgage, since I believe they may not be able to produce the original promissory note). A copy of the original promissory note is not acceptable, since I read that lenders used PhotoShop to produce “legal” documents to foreclose on homeowners. I just received my IRS refund yesterday. So, I can pay an attorney but do not know who would be trustworthy. I accessed the bankruptcy court website and found a link to Justia.com where lawyers are listed along with the areas of law they are licensed to practice. So, I emailed one of them. Does anyone have any better suggestions as to how to find an attorney in Texas that has not worked for lenders doing their foreclosures. I read that the Texas bar association was known to be on the side of the lending insitutions. I don’t want to lose my house but it appears that being on a fixed income may mean there is no attorney that would help me fight to keep it. Please help me!!!!!!!!!!!!
Respectfully,
Rose
try hud at hud.gov and find a certified by hud mortgage counselor in your community to help you.
also you may also file a discrmination complaint for predatory lending of a senior with hud.gov under the fair housing act of 1964, the application is on the website. fill it out and send it to the local hud feho office. predatory lending is a crime and a civil violation of the fair housing act of 1964. they may advocate for you and appoint an attorney to investiage your case. it is free so you have nothing to loose.
predatory lending is a civil violation of the fair housing act of 1964.
wells fargo got nailed for predatory lending and mortgage discrmination in memphis and has to pay $450 millin dollar fine most of which is to go to homewoners like you stay in their homes.
the hud certified mortgage counselor may be on the hud website for your area. they can advocate for you as well. be careful of modification application since the banks dual track you take your payments while they say they are going to give you a mod but then foreclose. they make more money foreclosing than helping you stay in your home.
best r,
David
I am not an attorney . am not giving legal advice . it is what I did and nothing more. always consult a licensed attorney competent in the law concerning your problem for proper legal advice. you are right about texas bar . check out http://www.msfraud.org run by a texas bar victim victimized by the banks and the texas bar allegedly of course.
Hell NO! No More Bankster Bailouts!
June 13, 2012 at 2:31 PM
If she really wants to fight, the HUD counselors are a real waste of precious TIME. They do not even have any way to negotiate a modification, regardless of their supposed role in doing just that. If the servicer makes a bogus claim that they do not modify the particular investor’s loans, the HUD counselors do not even push for verification of who the investor is and that the investor does not allow modifications.
The investors are never really contacted.
David’s particular results are not any ‘barometer’ of the HUD counselors. Remember that the funding for the counseling groups come from the BANKSTERS.
That means they have no reason to be aggressive in their efforts for borrowers.
Better use of the time to find help is through the lists like O. Max Gardener III maintains from his boot camp for attorneys.
Amanda Stackhouse is a robo-signor. I have no proof but I am pretty sure! She also undersigned my mortgage together with Beverly Brooks. Beverly Brooks is a robo-signor and I have an affidavit from the Register of Deeds in Salem MA. I have seen many many many many mortgages assigned by Amanda Stackhouse in Florida counties. The day of my assignment Beverly Brooks assigned 103 other mortgages in Florida alone. Check Florida online registries. It takes weeks to go through other assignments but if you see her sign several dozens of mortgages the same day she undersigned yours, you might want to ask a judge how she was able to do that.
Bill
June 18, 2012 at 11:43 AM
Anonynmous:
Would it be possible for you to send me a facsimile of her signature
to bill@bluegrassreig.com. You can redact your name from it. Also,
can you provide me an specific web address for the Florida Counties
where I could find additional facsimiles of her signature.
Some have ‘won’ their house FREE & CLEAR (I did..) Here’s the court order: http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
Other have ‘lost’ their house [I did: lost rental houses] In these cases I was ‘self represented’ (ProSe/ProPer/SuiJuris/Etc)
If we all got ‘free houses’: it would destroy the crunched economy we now have. However, banks/lenders should not be allowed to violate the same laws they lobbied to enact.
Hence: if someone bought their house ‘no-down’ and now whine because it went down in value OR if someone used their house as an ATM to get a new boat/car/vacation/etc: They should ‘lose the house’.
There are those who paid a down payment and kept equity. To those I say: don’t let the bank cheat you…!!!
There’s a whole spectrum of in between and reality is most homeowners lost equity due to the lawlessness and manipulation of the economy by the banks and Wall St. Best not join in the morality play that has politicians and judges in a fog and is letting banks sweep this crisis under the rug so they can make us all renters.
Chase Home Finance, LLC (CHF) can not be your Plaintiff if it no longer exist. In my case, CHF is listed as the plaintiff since 2009 because they stated in the Complaint that they had merged with JP Morgan Chase Bank, N.A.(JPM) (2009 or prior) and CHF was the successor by merger( a flat out lie that even the judge was amused). Merger was aproved by the OCC in May 2011. JP Morgan was the successor by merger. Even though the OCC approved the merger, that doesn’t mean that JPM is the owner and holder of our mortgage/note because it was FreddieMac that was also claiming ownership from the beginning(2009).
Eugene,i know that,you know that,but i was served a summons for foreclosure proceedings,4-2012 & “chase” is the plantiff,im the defendent…..like i said the devils in the details with this company,lies,contridicting notices,the WORST csr ive EVER dealt with & upper management is beyond clueless so that equals DISFUNTIONAL COMPANY,they say your only as strong as your weakest link,ALL WITHIN THIS COMPANY will be the demise of JPMORGAN,CHASE,as it should be,as it will be!!!!good ALWAYS wins against EVIL,& their are 1000000000000 of voices saying SAME CLAIMS,& thats sad,but it also gives “US”homeowners a chance,a voice,become HUMANIZED,not a loan#,not a credit score,i will always stand for OURS,& pray all dealing with this NIGHTMARE finds PEACE & RESOLUTION
To all of you doing Qualified RESPA letters, here is a link to an interesting argument before the 9th Circuit. The judges are skeptical, whether the Federal law applies – but maybe state law or the contract itself requires a response to a RESPA letter?
Download:
09-16498.wma
Case Name:
Richard Gale v. First Franklin Loan Services, et al.
Case Number:
09-16498
Case Panel:
THOMAS, McKEOWN, FLETCHER
Hearing Location:
San Francisco, CA
Hearing Date:
05/14/2012
Supplement(s):
N/A
howdy all,updates/upsets mostly,still fighting to keep what we worked so hard for,status=ive learned things i should never/will never after this need(hopefully)beyond GRATEFUL for all input,& i pray for resolution,The stories ive read are mimicing ALL across US,how CANT the powers that be see RECKLESS DISREGUARD for USA HOMEOWNER’S & step in & SHUT EM DOWN & then DAMAGE CONTROL,in return AMERICAN DREAM RESTORED for ALL…but the way ive been treated,talked to,while proving our issue PAID,doesnt give me warm cozy feelings for future dealings with ANY banks because this 1,CHASE HOME FINANCE,are the devil in disguise & the devils in the details,”i hate chase.com”horror stories of Predatory Lender…I will never give up on MINE!!!earned,paid for,WONT be BULLIED!!!!& i hope all stays with it,there are ALOT of voices saying the same claims so NEVER stop,file complaints to all that has MORE authority over & against these banks…goodluck all yall,i pray you find resolution..
I have “flipped the script” what was a thorn in my side “disfunctional banks/reps within” IM NOW THE THORN!!!!!honesty is the best policy & WILL be your best defense,KNOW your rights…Learn the laws that define your issues & launch an attack(paperwork proof of your issue)& DEMAND,HARASS,& OVERLOAD THEM WITH RESOLUTION ASSISTANCE..i suggest faxing,seems to wake em up when the machine goes into overdrive delivering your issue,over & over,but DO UNTO OTHERS!!!!& the pile of bull-dookie they try to force feed you/against you becomes hard to swollow for THEM….stand for you & YOUR’S!!!!
I recently learned of a new lender known as PennyMac. It appears they are ex lenders of Countywide mortgage profitting from bad loans. Wellsfargo sells their loans to them for twenty cents on the dollar, and charges fifty cents on the dollar to the desperate homeowner. It appears our friend Angelo Mozilo” the mortgage vulture” is back in business with his front man Stanford Kurtland former ceo of Countrywide. I thought Angelo wasn’t allow to be in the mortgage business.
PennyMac is NOT new. I think Angelo’s henchmen already had it taking shape even as Countrywide was taking it’s dive.
Officially, I doubt that Angelo is involved with PennyMac. He may have helped launch it, but he is not allowed to hold office with it.
I also doubt if there is any way to keep Angelo from wheeling and dealing from behind the scenes since the AG and the feds are not throwing his but in jail.
The only solution, as I see it, is the Occupy Movement.
Here’s why:
The ‘Fed’, bankers who own this country, fear NOTHING, except
millions of PROTESTERS, in the streets, exposing who the ‘Fed’ really is to the hundreds of millions who still don’t know.
THAT is why cops are attacking peaceful protesters so viciously, and so often.
They truly FEAR tens, or hundreds, of millions of angry people, ready to fight to take back their country.
We have less to fear than those in the Arab Uprising, yet over a year has gone by, and the American people are still watching tv until their homes are gone.
We have to make this summer count because we might not be able to protest next year.
Not only do I have documented proof. I also have proof of how these crooks are carrying out this racket. Now I have completed this investigation, nut I cant afford amnd atty to stop GMAC Mortgage from evicting my house. The stae official know there was a TRO, but they are STASRTING their investigation while these crooks have file motion in JPcourt to have me removed from my house in 4 days and Im a disabled senior created in the likeness of my Creator who is being violated and EVICVTED. I guess thas God business. Hey, but thanks for allowing me be able to relieve some pressure.
NANCY GIBSON
June 4, 2012 at 9:47 PM
what state n area are you near, only asking to see if someone can help on the immediate issue & prayn for all, James 5 says it well, God is our defense.
How can we get these corporate resolutions? My home loan was originally with MIT Lending, the wholesale branch of MortgageIT, which was purchased by Deutsche Bank around 2005 or so. My fraudulent assignment was signed by Mary Ann Hierman July 2011 as a nominee for MERS and MIT Lending. We all know Deutche Bank is still around but MIT Lending stopped originating loans around 2006; Mortgage IT around 2007 or so.
I’m thinking that I need a corp resolution between MIT Lending and MERS since Deutsche Bank didn’t own MIT when my loan originated. Does DB’s current ownership of of MIT/MortgageIT affect this?
You can find many of them online. They are only disclosed as part of discovery in lawsuits. If you search for “MERSCORP” and “corporate resolution”, you will find many. You can also search “William Hultman” and “Sharon Hortzkamp”, as these are the issuers.
Interestingly, you will find corporate resolutions that contradict each other. Apparently, they were hastily drawn together for a particular lawsuit.
MERSCORP can morph into whatever they want for any given situation, because there is a legal quandry as to what a “nominee” actually is. If you go onto their website, and review the “forum” topics, they will help a company at any cost, to suddenly get a corporate resolution (even after the fact).
People need to wise up to finding these corporate resolutions between MERS and especially the initial firm that supposedly put the loan into MERS. Then there is also the list of permitted signers for each firm that uses MERS.
And of course, any company that MERS is supposedly signing on behalf of needs to still be in existence at the time of the usage of the MERS nominee status. That means that even if an initial Corporate Resolution can be found, if the company was no long in existence when MERS-as-nominee signed, it is no good. And if the firm as in BK before the assignment, there are BIG issues to the usage of the MERS-nominee to remove assets from the BK estate, especially assets that were never admitted to the BK Trustee.
I know it’s tough out there people but there are some great judges who are not acting like collectors for the banks and many county and city clerks are now standing up to the Banksters/Fraudsters and Attorneys who represent them. Please remember that if you find fraud or forgery in your case as I have and the opposing council is made aware or it or should have know about it they may be committing a serious crime. Report it to the FBI and Attorney General in your state, put it on the record and expose the attorneys and their law firms who are participating in this American Tragedy. Clerks are suing the Bankster and insisting that no fraud take place, they are also demanding that they get paid back all the money that has been scammed from the cities and counties. They are Hero’s too.
There are very big hero’s in this devastation that has taken place against American Families by the Banksters, one of them is attorney JEFF BARNES out of Beverly Hills CA and Boca Raton FL. He spends most of his days in the air flying from state to state defending foreclosure case and he is winning some very significant rulings that is helping to turn the tides. Another attorney is MATT WEIDNER who will never stop educating us through his blogs as to what he is going through defending others day and nite. These men should be getting more support from our governor RICK SCOTT and our politicians but they just sit on the side lines protecting the Banksters. They are shameful men who are helping to put innocent families in the street and forcing them into homelessness. But the Hero’s I speak of will go down in the history book as great defenders of the little guy’s who wouldn’t have had a chance against the Bankster without their help. Hopefully the Banksters board of directors will be indicted for massive fraud and forgery that has been committed all across this nation. Yes it’s sad that virtually none of the big payoff money went to repay people for the lost of their home. But even that may change soon if the right good men make a stand and put all that money back into the families who lost their homes to the Banksters. Have a great day and remember our Lord is on our side.
Ray Shelton
Trying to count the number of bank screwups during the foreclosure crisis is a little like guessing the amount of change in a huge jar: You can see that the answer is “an awful lot,” but without breaking the jar and counting by hand, there’s no way to know for sure.
On Thursday, however, just how much homeowner misery Ally Financial may be responsible for came to light after the Federal Reserve released a letter between the bank’s mortgage servicing unit, GMAC Mortgage, and its auditing firm detailing exactly how many borrowers’ cases may have been mishandled.
Ally, formerly an arm of General Motors, needed a $17.2 billion bailout to survive the mortgage crash. It repaid about $5.5 billion, meaning taxpayers own 74 percent of the bank. Earlier this month, the bank sought Chapter 11 bankruptcy protection for ResCap, its residential mortgage unit.
In response to the bankruptcy proceedings, which typically require a public disclosure of financial information, the Federal Reserve released a letterhttp://www.federalreserve.gov/newsevents/press/enforcement/Ally-plan-sect34-engagement-letter.pdf between the bank’s mortgage servicing unit, GMAC Mortgage, and the accounting firm GMAC hired to audit its loan files as part of a 2011 agreement with federal regulators.
The letter, dated Feb. 1 is from GMAC to its auditor, PricewaterhouseCoopers, and includes some details of the review. It also puts a number on some of the mortgages the bank may have handled incorrectly. Some highlights:
GMAC started foreclosure proceedings on 1,270 borrowers who were in some stage of the bankruptcy process, and thus should have been protected from foreclosure.
GMAC carried out foreclosure sales on 1,577 borrowers who were awaiting a decision about a loan modification. This is known as “dual tracking” and is one of the biggest complaints of homeowners and their advocates.
The mortgage servicer hired a law firm that was subsequently “delisted” to process 30,235 foreclosures. The names of the firms are redacted, but presumably include several of those accused of forging documents as part of the robo-signing scandal.
The mortgage servicer denied 50,030 borrowers for a government-run Home Affordable Modification Program, and then offered no alternative modification.
GMAC says in the letter that the number of borrowers subject to the review — those whose homes were in some stage of foreclosure in 2009 or 2010 — is 232,132. That’s a small share of the estimated 4.5 million borrowers whose loans were handled by one of the 14 mortgage servicers who signed consent agreements with the federal Office of the Comptroller of the Currency and other regulators in early 2011.
Those agreements with federal regulators require the servicers to reform how they manage troubled loans and also set up the Independent Foreclosure Review. The latter is a program that allows borrowers who think their servicer made a mistake during the foreclosure process to submit a claim for review. As The Huffington Post previously reported, most eligible borrowers so far haven’t applied, though they have until the end of July.
The deals also required the servicers to hire an outside accountant and perform an audit on loans with a greater likelihood of having been mishandled. The newly released document is the “engagement letter” between GMAC and auditor PricewaterhouseCoopers.
The court agreements require an audit of every loan in some instances, including situations where a home was foreclosed on while the borrower was protected by bankruptcy law. In other cases, the bank is required to have just a small sample evaluated for possible errors or misconduct.
Referring a loan for audit because it meets certain specifications doesn’t necessarily mean that the bank acted unlawfully. An Ally spokeswoman did not immediately return a request for comment Friday afternoon.
It’s not clear when the reviews by GMAC and the 13 other servicers will wrap up, or whether they will finally answer some basic questions about the extent of the foreclosure crisis. One of the great mysteries of the five-year ordeal is that no one really knows how often banks or other mortgage servicers screwed up a loan modification, made a costly accounting mistake, or illegally foreclosed on a homeowner. Anecdotal evidence from thousands of homeowners, and information from a few limited audits, suggest widespread misconduct, but the financial institutions that service mortgages have fought a true accounting.
Ally is also one of five banks that recently agreed to a $25 billion mortgage fraud settlement with the federal government and the attorney’s general of 49 states.
Marilyn, as a mortgage broker, we do not fund or sell loans. I requested info on more current (2011 – 2012) robosigners. I am currently researching area homeowners that have recently been served a lis pendens on their primary residence. I negotiate short sales and there are financial incentives ($2,500 – $30,000) for homeowners do do a short sale rather than allow their homes to go into foreclosure. If I see the assignments have been signed by a robo signer, there’s a chance I can put pressure on the bank to encourage them to accept a short sale with cash incentive to the homeowner.
@mortgage Maria
I looked at your wepage and it says
Home Loans at your convenience
and it also states
Licenses Mortgage Loan Originator since 1998
those two headings made me think you have an inside track to the Banks
and rather than thinking of you as a homeowner fighting for their property
you are on the other side .
I have heard via the grapevine that short sales are not really good for the homeowner
even when they are facing foreclosure because even after the property is sold
thru a short sale and the bank now free to sell the property -the original homeowner still owes the deficiency
and the b.anks comes after the homeowner afterwards for the deficiency.
t
mortgagemaria
May 26, 2012 at 8:46 AM
95% of Florida foreclosures in the past went uncontested. No matter how fraudulent or incomplete the documents were, the banks won by default. Many homeowners don’t have the money to hire and attorney and don’t feel comfortable with fighting pro se. They just want it all to be over and to have the banks stop calling them on their past due payments.
We do HAFA and cooperative short sales on primary residences. These short sales do not allow for any deficiency to be pursued in the future. In addition, many lenders are paying from $2,500 to $30,000 in relocation expenses to the homeowner. this is paid at time of closing. The Short Sale Agreement spells out all of the details – no deficiency, what the minimum sale price is to be, maximum closing costs the bank will pay and how much cash the seller will receive at closing.
So far, homeowners are losing in foreclosure court no matter how fraudulent their case may be. I do not encourage homeowners to short sale their homes but I do encourage them to not do anything! By selling their homes, getting a significant chunk of cash at closing AND not being pursued in the future for deficiencies is a win for the homeowner.
Last but not least, the Mortgage Debt Relief Act of 2007 expires at the end of this year. If a primary residence short sale completes by 12/31/2012, the seller does not have to pay federal income tax on the forgiven debt. This is HUGE as taxes are not discharged in BK and can add up quickly with penalties and interest. If a homeowner receives $200,000 in forgiven debt, he will be taxed on that amount after 2012 – anywhere from around $30,000 to $70,000 in taxes due.
Tim Bryant
May 26, 2012 at 4:34 PM
@MortgageMaria,
I am not pointing any fingers, so don’t take this the wrong way. I am wondering why you would be questioning robosigning, yet would still do a short sale on a house with a questionable chain of title?
Stay professional at all times. You are not a lawyer, so do not tell the judge how “unprofessional” the plaintiff’s attorney is. Be respectful of the court, as a “pro se” defendant is allowed more latitude in court. If you get on the judge’s bad side, he will not give you this latitude.
Your counter-claim should have already been filed. You should have requested a “leave” from the court for time to file the claim.
You need to follow court procedure. Procedure, for a pro se defendant, is just as important as the actual laws.
There is a good book to read called “How and When to Be Your Own Lawyer”. It goes into depth about how to go pro se.
Since you are a mortgage broker , mortgage originator and real estate person I am curious of your real objective in wanting to obtain copies of robo signers.
Could it be that in the past without you knowing it, you have sold or financed toxic titles. ?
Would love to receive most current links to 2011 – 2012 robo signer signature samples. Unbelievable (to me!) I am finding executed & recorded assignments filed after the lis pendens for bank #2 has been filed. If a FL attorney is that stupid than perhaps they also are using a known robo signer.
I have a pdf list of robo-signers but no way to post them- I will try to find the site I got it on if not we can figure out a way to send. What name are you looking for and I can see if it’s on my list.
mortgagemaria
May 25, 2012 at 2:22 PM
Many thanks for your offer. I have lists of “older” robosigners – up to around end of 2010. Looking for a more current list with samples.
fighting in Florida
June 13, 2012 at 5:32 PM
Can someone send me a copy or link to list of ROBO signers? Thank you.
Ray- Please keep us posted on how this plays out. Having a good attorney is key and it’s great that the Notary is acting honorably. Expert Certified Doc. Examiners who offer affidavits and to sit on the stand are great too. Sadly-I’ve heard that Judges and Courts have investments and retirements in Mortgage Backed Securities- and one would think that they would have to recuse themselves because of that.
Again-please keep us posted on your every step if you can.
Best of luck to you.
Hearing today 10:00 am MST: Motion – Reconsideration of Plaintiff Standing
Summary Judgment currently scheduled to be signed by Judge May 29th
Initial Hearing was March 26, 2012 on Standing and on Motion for Summary Judgment
I am trying to figure out what my best points are to make this morning in court. I plan to start with a short diatribe about how unprofessional it is that the Plaintiff Counsel is phoning in his participation.
Then I am thinking I will focus on standing based on things like points that indicate Plaintiff does not hold true note and that fraud is being committed by the banks, touch on issues of securitization, loan currently being paid by MY PMI insurance, does not show in default in pooling aggrement with Ginnie Mae, etc.
At this point would others point blank ask the judge to dismiss the case or should I move right in to how Discovery has not been completed such as exactly what has not been provided to date which is significant?
I am also filing a CounterClaim against the Plaintiff, his Counsel, and any other party involved in perpetuating the fraud in this case before my hearing at 10:00 today. Would you guys mention this as well in court?
AAAHHHHHA
– ok, deep breath (the hearing was only scheduled 2 days ago though I requested it April 5)
gari
The issue is really clear now: US Bank, SN Servicing and the opposing attorneys who are representing them in our case may have committed a forgery crime and fraud on the court and the court may have let them do it. US Bank submitted fake signatures on our documents that fact we knew for sure. The one thing they missed was one very important fact, WE SIGNED EVERYTHING IN ROYAL BLUE INK. And now the Notary has come forward and taken an oath that he and his wife witnessed that my wife insisted and in fact did sign in Royal Blue Ink. Note that during our summary judgment hearing our previous attorney told us that Judge Frances King of Marion County looked at the faked signed doc’s in black ink and said oh, “I do see blue ink”, our previous attorney said no it is clearly signed in black ink your honor then she just preceded to levy the summary judgment against us. It was very disappointing because the attorney felt like she was working as a partner or collector for the bank and not for justice for the little guy.
That’s all going to change now because we are headed to the higher courts for justice and we now have the famous attorney Jeff Barnes on our side. This guy is truly amazing and he is winning very important cases all across this nation. We fully intend to notify the FBI, the US Attorney General the Florida Bar and our local law enforcement, that a forgery crime and fraud on the court may have been committed probably on a massive scale all accross the country. I will name all the opposing attorneys the Board of Directors of US Bank and the owners of SN servicing as soon as Mr Barnes says go. Hopfully this leads to a very large class action suite. Ray Shelton.
Rusty: IF this is true (phony sig) you have a GREAT CASE….>BUT>…..if you don’t plead it properly, and use the motions; it could be ‘excluded’ as evidence…. Call Jason: 510-982-3001 If you are in California…!!!!!! You have a strong case IF you call EARLY…!!! People tend to wait until they file the NOD, Not of Trustee Sale or other recordings. THen IT’S TOO LATE…!!!
@Gari ….. Don’t get your hopes up Gari. I tried that and depending on your state, they will say that even tho descrepencies it is not hear say, so you will need to do a depostion. When you try that they wil fight like hell to keep you from deposing the affiant. Your best bet is to subpoena the affiant. Get it on the record if the magistrate/judge does not allow you to depose the affiant for your appeal if needed. But, fight like hell to depose whoever the affian is. You will win your appeal if it is not allowed. Keep Fighting God Bless!!
I have been a busy bee these past few days and did manage to get my small local court to set a hearing for me this Thursday for reconsideration of the judge’s past decision to deny my challenge to the bank’s standing. what i am currently planning to focus on is:
1. Plaintiff provided two different versions of the signature page of my note, the first with the complaint, the second with my discovery which now has a second signature (from whom they say the FDIC ‘took’ the note) as well as now being stamped ‘original’.
2. I am moving to Strike their Affidavit is support of their Complaint due to numerous discrepancies.
3. I served Judicial Notice on the frowning of my state on the use of Summary Judgment to decide a matter when there is any question by the Defendant that is reasonable.
The Plaintiff’s claim is that they have the ‘original’ note and that as the bearer of paper, they have a right to collect on my mortgage.
What would you do here folks? I don’t want to drop the ball on this and am hoping for the case to be dismissed at this hearing as otherwise the Judge’s SJ becomes active May 29th.
this group is just an interagency share group . as I understand it is just a front with no enforcement power behind it in terms of statutory law. just another bit of razzle dazzle just like the OCC.
If you are referring to the SSN usage on the MERS site, it is STILL there under the expanded search. I just checked it again last week. They use SSN as one of the choices if you want more than the name of the servicer.
I just got off of the phone with the Comptrollers office. She suggested that I go to this website site for even more information: http://www.ffiec.gov/ I’ve never heard of this website during my research of the NA Banks.
And remember, if your loan was securitized and sold, MERS can not maintain “legal title”. The PSA states that all “right, title, and interest” must be given to the buyer at the time of sale. If that was not done, the sale was not “perfected”.
Good Luck. I am in the same boat. A CW loan that nobody knows who owns, but BofA claims to service. My attorney even sent a 93A demand letter to BofA. There response was “This does not appear to be a servicing issue”. As the alleged owners agent, BofA breached the notices section of my note and mortgage, creating a collateral estoppel.
After a FCRA and TILA demand was sent to MERS, a BofA employee (Mary Ann Hierman), created an assignment under the guise of being a CoreLogic employee. It transferred the mortgage AND THE NOTE to BofA. Yes, MERS cannot transfer a note. The assignment does not state who it is being transferred from, so their is no dual acknowledgement, thus not a legal transfer.
@ Tim – are you in state court? what is CW? do you know who the investors were in your securitized mortgage and if so, how did you find that info?
Hell No, No More Bail-OUTS
May 22, 2012 at 10:57 AM
@ Gari,
If you can find the Trust your loan is supposedly in, you can frequently then find the PSA on the SEC Edgar site. I am not sure where you can get the list of investors. I do know that for many Countrywide trusts, there are less than 10.
CW is an abbreviation for Countrywide. Tim and I have discussed our issues with CW in the past. My own loan is one that does not name Countrywide in any way and there is no assignment from the NAMED LENDER (that did not EXIST outside of the DOT and NOTE). But CW was the entity that acquired MIN numbers for all “AWL CORPORATION” loans, per depositions of the former MERS secretary, RK Arnold.
MERS is then used to do the assignments and other document signings on behalf of “America’s Wholesale Lender Corporation” yet there can not be any corporate RESOLUTIONS between MERS and AWL CORPORATION. So anyone signing such a document has never been authorized as a signer for “America’s Wholesale Lender Corporation”. Any attempt to create any such authorization and back-date it will have to overcome a big problem: “America’s Wholesale Lender Corporation” did not exist as a corporation at the time of the loan origination. A corporation by that name was created later, after Countrywide ceased to exist. But it was also created by founder who had no connection to Countrywide.
The loans should be fought as VOID. CW tries to claim the loans based on the fact that they had a ‘D/B/A’ for “America’s Wholesale Lender”. Did you notice that there is no “CORPORATION” in that citation? That is because the needed reference to the loan as a Countrywide D/B/A loan needed to state that the “Lender is Countrywide Corporation d/b/a America’s Wholesale Lender”. That proper citation format was NO WHERE on the loan documents I’m referring to. Some judges have come to the same conclusion. Countrywide/BofA/attorneys for the servicers will normally attempt to convince the court that they do represent “America’s Wholesale Lender Corporation” when they DO NOT.
Tim Bryant
May 22, 2012 at 1:48 PM
I am not in any court yet. I went from being on the defensive, to going on the offense. Once I did this, BofA has not contacted me anymore, they (and MERS) have transferred my note and mortgage numerous times, to avoid responding to direct legal demands. The main thing to keep in mind, is to keep putting the pressure on the banks to answer direct legal requests. With all the acts they are doing, I stopped paying my mortgage 2 years ago. They created a collateral estoppel, as there is no privity of contract with any entity. They have all since refused to claim ownership.
CW= Countrywide. No, I do not know who the original investors were. In the last 2 years, it has been transferred to at least 3 banks.
Can the bank be both the investor and the servicing agent and if not, can you direct me to some case law that indicates this? I am in state court right now (New Mexico). We are in the 10th Circuit Fed Court I believe.
For the bank to be the investor it would seem that they never securitized your loan. Did you have anyone try to do any verification of whether the loan is in any trust?
Only a small percentage of loans were kept directly by the banksters from what I have read.
I would think that the bank would be allowed to be both investor and servicer, if they so chose. IF the loan was securitized, then the bank is not really the investor.
Frequently the banksters and their servicing arms are lying about being the investor. Not much help I know. You need to have this claim of who the investor is challenged.
Rusty
May 21, 2012 at 4:56 PM
Look on the 1st page of your Deed of Trust. Does it say MERS anywhere? if it does, your so-called loan was been securitized. Then look for this paragraph: “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender’ successors and assigns. MERS is the beneficiary of this document under this Security Instrument. MERS is organized and existing under the laws of Delaware. and has an address and telephone number of
P.O. Box 2026,
Flint. MI 48501-2026
tel. (888) 679-MERS.
You will see that they are in breach of their own statements.
Then look for Substitute of Trustee about 3-6 pages in wher e it starts with “the at its’ option may substitute the trustee….. ( another breach of their own statements.)
My statement of fraud:
Defendants are in breach of a contract due to their negligence to properly record the “substitution of trustee. DEUTSCHE BANK NATIONAL TRUST COMPANY lacks standing and is neither a holder in due course nor a beneficiary of the Deed of Trust as no “substitution of trustee” was ever recorded. Furthermore it is a felony to knowingly file false documents with any public office in California. Any so-called evidence submitted to the County Recorder’s Office or to the Courts constitutes fraud by the Defendant.
Hell No, No More Bail-OUTS
May 21, 2012 at 5:08 PM
@Rusty,
While most loans were securitized, the presence of MERS on the DOT is not proof in itself that a particular loan was securitized.And usage of the MIN number on a DOT will frequently only give you the name of the servicer.
If you want to use the MERS lookup of a MIN and supply additional info such as your SSN the MIGHT have more info about your DOT. But do you really want to supply your SSN over a non-secure connection? And they are in breach of various state and federal standards by using your SSN over any non-secure internet connection.
Sorry, I’m a stickler for accuracy if there is any to be had. So much is fraudulent
Rusty
May 21, 2012 at 5:21 PM
@Hell No, No More Bail-OUTS:
I was under the assumption that the DOT ‘s were all put together in a similar fashion. I am relying on my personal experiences over the last 18 months. Its users like you that can help and correct the comments made by others by relying on your own experiences as well.
As far as the MIN# I am off the grid since my home was already sold in a Trustees Sale or because Fannie Mae no longer has an interest in the so-called loan.
I did obtain the prospectus and PSA from the SEC that gives out detailed information. Its 10GB in size and the only reason I was able to research it on my own was from another user like you.
I learn something everyday. Thanks
Is anyone has a Carol A Compler as the Vice President Loan Documentation for Wells Fargo Bank N.A. verified your mortgage complaint? I want to fund out if she is robo signer or not. Also is anyone has her signature? We can compare.
paul i have joan m mills vp wells fargo bank it is a rubber stamp that endorsed my note. no date it was stamped. what do banks think they can do anything?
I have a couple of cases here in Massachusetts involving forged deeds, followed by huge mortgages (foreclosure rescue scam). The documentation for these mortgages is horrifying – I asked more questions when my daughter asked me for twenty bucks! Getting a big push back from the lenders of these mortgages, which will not permit the true owners to get restored title and just refinance for the original loan amount paid off when these crazy mortgages came on. One is a Countrywide loan and apparently now the ownership of the mortgage and note is split (can'[t foreclose it in Mass if that’s the case) Hard to believe that a Countrywide loan wasn’t securitized but have spent hours reading SEC docs and don’t see the loan in a prospectus. Any ideas how I could find out who really owns this loan?
While I do not have the ‘shortcut’ to finding any of the Countrywide loans, I can tell you from many PSAs that I have looked at for Countrywide loans, the list of loans is NEVER included in the PSA. Even KNOWING the particular Trust that my own mortgage is SUPPOSED to be in that is a CWABS trust, the PSA for the trust does NOT list the loans.
The experts can sometimes find them by apparently doing a search on the monthly reports for each trust. Those monthly reports are not listed on the SEC site.
As far a Countrywide loans not being properly securitized? Are you JOKING? Where were you when the KEMP case hit the knews? None of the notes were transferred to the respective trusts per the Countrywide employee flown in from CA just to testify.
Then there are all the loans that are written naming the ‘lender’ as “America’s Wholesale Lender CORPORATION”. Countrywide and BofA or BNY-Mellon fight to foreclose on those. Most people do not know that there was no such AWL CORPORATION at the time the loans originated. Sure, there is NOW a corporation of that name, but it came into existence after CW was absorbed by BofA. Countrywide and BofA try to claim that Countrywide had a D/B/A in the name of AWL. Well, the problem is that the D/B/A was NOT STATED and you do not state the D/B/A name as a CORPORATION existing in the STATE of NEW YORK.
There are a HUMONGOUS number of these AWL Corporation loans that should be fought as VOID contracts. There is NO WHERE on the ones I’m referring to that show that Countrywide is related to the named LENDER, AWL Corp. There in fact is NO RELATIONSHIP between Countrywide and any “America’s Wholesale Lender CORPORATION”.
Most forensic document examiners do not even check to see if the original lender named was in fact in existence. The examiners also fail to check to see if the entity did exist but filed BK before the foreclosure. With the “America’s Wholesale Lender Corporation” loans being VOID, they need to be fought.
Hell No, No More Bail-OUTS
May 21, 2012 at 1:25 PM
Another way to fight any America’s Wholesale Lender Corporation loan is to demand to see the corporate resolutions between “America’s Wholesale Lender Corporation” and MERS. MERS is stated on the loans but since America’s Wholesale Lender Corporation did not exist, there was NEVER any corporate resolution in the time frame when these loans should have been moved into the trusts.
Various documents are generated by Countrywide or BofA or their crony companies to assign the loans to themselves or to the trusts. But when you dig into it, they are self-serving assignments. In NY state, the Alderazi case looked into the attempt by BNY-Mellon to foreclose. The case was even appealed by BNY-Mellon in 2011 (or the servicers claiming to represent them filed). The court had asked to see corporate resolutions with MERS for two assignments of that loan, the first from “America’s Wholesale Lender Corporation” to Countrywide, the second from Countrywide to some other entity. Well, when they dug around in Simi Valley, they could not produce either corporate resolutions. The ruling did not specify which of the two assignments was the one that was ruled on, but there was not any corporate resolution between “America’s Wholesale Lender Corporation” and MERS that would allow anyone from MERS to assign the loan from America’s Wholesale Lender Corporation to any other entity. Likewise, they did not even find the corporate resolution between Countrywide and MERS to allow Countrywide to be signed for by a MERS agent. The court did not even have the facts in front of them that “America’s Wholesale Lender Corporation” was not in existence when the loan was placed and that the loan should have been considered VOID. That is because the court had taken the case up SUA SPONTE (I may have miss spelled that) on behalf of the borrower who did not even try to fight to keep the property! The borrower may have had no clue that he had a valid case. But the court held in the borrower’s favor both times
I have searched the SEC site many times and now I have specifically looked at the FWP file for the Trust that is supposedly involved. For CWABS 2005-10, I do not find a version of the FWP that lists the loans. But then again, the display I get to of the FWP file does not look as fancy as the example you provided for a CW trust.
SECURITIES AND EXCHANGE COMMISSION, Washington, D.C. 20549
Form 8-K, CURRENT REPORT Date of Report: September 20, 2005
CWABS, INC., (as depositor under the Pooling and Servicing Agreement, dated as of September 1,
2005, providing for the issuance of the CWABS, INC., Asset-Backed Certificates, Series 2005-10).
CWABS, INC.(Exact name of registrant as specified in its charter)
Delaware 333-125164 95-4596514
——————————- ———————– —————-
(State or Other Jurisdiction of (Commission File Number) (I.R.S. Employer Incorporation) Identification No.)
POOLING AND SERVICING AGREEMENT (September 1, 2005) for ASSET-BACKED CERTIFICATES, SERIES 2005-10
==http://www.sec.gov/Archives/edgar/data/906410/000095012905002897/v07105b5e424b5.txt
This is for similar trust CHL MORTGAGE PASS-THROUGH TRUST 2005-10
@gari The documents that they are talking about, is a PSA. They are between the seller and buyer of the securities. This rule has no element to your docs as borrower.
That being said, if you can find the PSA, there may be provisions in it that relate to how the individual assets are required to be handled. For example, if it requires all right, title, and interest to be transferred to the buyer, MERS cannot maintain any interest at the time of sale. If it does, the sale has not been perfected, thus void. The buyer would have no standing against you by virtue of their own contract. They will never tell you that, though. If you discover such an instance, you should also not tell them either. It will be one of your equitable defenses.
Hi Tim
I was led to believe the person that was asking for help with robo signer Mary Ann Hierman
identity was someone having their home foreclosed on, but I now have my doubts.
Mortgage Maria Said is a mortgage broker in Alamonte Florida.
No wonder their was objections to all the free information found on public sites.
@Tim – I don’t even believe at this point that the FDIC actually ever took the note. I found out yesterday that the FDIC ordered the original lender to dissolved and it was sold into parts. the mortgages were sold to Bank of Texas that then sold them to Bank of Oklahoma which I now recall. However, there is NO mention of Bank of Texas on any documentation provided by the bank. Any ideas how I might dig this up? Also, how might I obtain a copy of the PSA?
thx! g
Tim Bryant
May 22, 2012 at 1:29 PM
Since the FDIC took it into receivership, I would start with an FOIA request to FDIC. They will probably come up with some reason to withhold the info. I would at least go through the motions, so that you have a record that you attempted to obtain the privity of the owner of your note.
@ Tim – understood though I must admit that I get lost in these threads but will try to look a little closer here to get the lay of the land better.
So, what I am encountering in one of my points is that the Plaintiff is saying that the FDIC gets to bypass all of Carpenter v. Longhan because, well, they are the FDIC and yet I think there should be more to that on their part.
So what do you think about me using the following to claim that according to the FDIC’s own regs, documentation is required . . . .
2000 – Rules and Regulations
PART 360—RESOLUTION AND RECEIVERSHIP RULES
§ 360.6 Treatment of financial assets transferred in connection with a securitization or participation.
(3) Documentation and Recordkeeping. The documents creating the securitization must specify the respective contractual rights and responsibilities of all parties and include the requirements described in paragraph (b)(3) of this section and use as appropriate any available standardized documentation for each different asset class.
(i) Requirements applicable to all securitizations. The documents shall define the contractual rights and responsibilities of the parties, including but not limited to representations and warranties and ongoing disclosure requirements, and any measures to avoid conflicts of interest; and provide authority for the parties, including but not limited to the originator, sponsor, servicer, and investors, to fulfill their respective duties and exercise their rights under the contracts and clearly distinguish between any multiple roles performed by any party.
(ii) Requirements applicable only to securitizations in which the financial assets include any residential mortgage loans:
Another avenue available to people victimized by robosigning, and other frauds committed using the US Mail, is the US Postal Inspection Service. They receive, investigate. and prosecute complaints of frauds committed using the USPS. These are crimes under 18 USC Ch. 63. http://www.law.cornell.edu/uscode/text/18/part-I/chapter-63
welcome back tim!! you have been gone a while. i am the same, have been served waitng on my motion to dissmiss. during my modification process a fed ex package that was sent to wells fargo was lost. i folowed the tracking number and it was delivered but the info never put in the system, i wa actually told that nothing was sent. i was able to get as far as contacting the direct supervisor of the fed ex delivery guy, who delivered my package. i called to ask what she found out , get this. she called wells fargo and could not get anyone to answer the phone??? HELLO did i here that right no one answered the phone. what is the purpose of tracking # and a signautre when you try and find out what happened nothing is done, isnt that technicaly mail fraud?
ummm . . . WOW! Tim, do you have any connection with AFN (AntiForeclosureNetwork http://afnetwork.org/)? The folks there are awesome and more along the lines of your knowledge than mine. We sure could use you in our discussions and just in the fight to educate and reach out to others.
I cannot say enough how grateful I am that you take the time to be of assistance here!!!!
You can get diversity jurisdiction if you raise federal claims which the state cannot adjudicate. For example, say you claimed violations of RICO (18 USC 96, et seq), and as part of your claim, conspiracy to defraud the US Gov’t under HAMP, was part. The US Gov’t becomes a necessary party to the action.
Now, here comes the tricky part. You must state that the conspiracy was to defraud you AND the Us Gov’t simultaneously. If you cannot tie yourself and the govt as both being injured by the same actions, you could get tossed for lack of standing. I specifically used the RICO law because because it has a “private attorney general” provision. Like Qui Tam, it allows you to stand in the place of the US gov’t (if they choose to not get involved). If you have prima fasciae evidence to support your claim, it would be difficult for the RICO charges to get tossed.
You also need to know that you must have an attorney in federal court TO PROSECUTE a case.
Study the US Code and federal rules of procedure. You are correct, federal court is your best chance and because of HAMP, affords you many more avenues to support your case.
Thank you Tim for providing this info and link! I am adding it to my prolific notes. I do have several other avenues to pursue but I am still frustrated by this question of diversity. I am not foolish enough to believe that the NA of Banks cannot operate legally within any state of the union, rather I do not think that they can see relief as an state entity and therefore must pursue recourse in the federal courts. I reviewed what you provided and I still do not see that they can be considered an in state party but I could be missing that and please let me know.
While on one hand I realize there are strong arguments for not wanting to bump cases to federal court, in my opinion this is a federal problem. I am not fighting so much to keep my house as to help others keep their houses who do not deserve to be ripped off while the banks walk away scott free. I am pissed as I am seeing all of these poor people just being pushed out of their homes while the banks are getting bailed out over and over again. The entire modification / HAMP thing is bogus and for those who have not figured that out yet, I am so sorry but it isn’t going to happen. What is going to happen is they are going to foreclose on you and collect full pay from your mortgage insurance while you think they are being nice and considering working with you since you paid so much as a taxpayer to help them out.
What a world it is but yet I do know how lucky we all still are.
For any of you that are upset that robo signer Mary Ann Hiermans name was searched,
I want you to know it all comes from public records on the Internet
and I believe if every robo signer signature got the same scrutiny,
it would hopefully be to a foreclosure victim’s advantage.
Ty hell no and you are correct in that I meant to say filing bk, not foreclosure. Sadly that is a mistake I often make 🙂
I have fraudulent docs for sure and of course the average person would think that means justice would be served but those of us who have actually been inside of the courts realize nothing could be further from the truth.
One angle that I really need help with on these docs is regarding the FDIC stepping is as receiver for my initial bank. I know for a fact that my mortgage got moved to the current bundle and that it was securitized but for the life of me I cannot figure out what is required of the FDIC regarding documentation of this transfer from the initial bank to them as trustee/receiver to the current bank/Plaintiff. The only doc that shows anything about the FDIC signing over to the Plaintiff is all robosigned and junk but that alone does not ‘win’ my case as the courts are not really accepting the robosigning issue as fraud (yet) and that alone shows that justice is not served because if I did that shit, I would be in jail but alas . . .
Any direction greatly appreciated. I do have some regs on the FDIC as receiver that I have narrowed down but having a hard time understanding them.
National Banks are still organized/chartered under the National Bank Act (1864) and we have no authority to register them.
You can contact the Regulation and Licensing Bureau of the Financial Institutions Division to see if they have filed with them and have had their corporate articles approved by them. http://www.rld.state.nm.us/financialinstitutions/default.aspx
53-11-3. Purposes.
Corporations may be organized under the Business Corporation Act [Chapter 53, Articles 11 to 18NMSA 1978] for any lawful purpose or purposes,except banking, insurance, credit unions, savings and loan associations, railroads and waterworks organized under the Laws of 1887, Chapter 12.
Frank: You acting like a ‘classic’ deadbeat: Not paying merely for losing your job…. Giving all other homeowners who are READY WILLING and ABLE to keep their homes a bad name. Offer the bank ‘cash for keys’ & MOVE ON…!!!
I have not paid my mortgage in nearly 2 years as I try to work out some sort of deal with the bank using various help programs like HAMP, but I keep getting rejected. Amazingly, the bank has not yet foreclosed or auctioned my home or anything. It is just in limbo right now. I am still getting back on my feet after losing my job so I can use all the help I can get.
I stopped paying my HOA fees (townhome) about a year ago and they put a lien on my house for the amount I owe (nearly $10k).
Yesterday I got a notice in the mail from SBS Lien Services titled “NOTICE OF TRUSTEE’S SALE UNDER A NOTICE OF A NOTICE OF DELINQUENT ASSESSMENT AND CLAIM OF LIEN”. The letter goes on to mention me (the owner), the address of the property, and the claimant (the HOA). It then says that “said sale will be made…to pay the remaining principal sum…$10,300.00”.
There is a section titled notice to potential bidders that has a line “you will be bidding on the lien, not on the property itself.”
I am confused as to whether my home is being auctioned or just the HOA lien on my home of $10k. And if it is just the lien, why would somebody want to purchase the lien on my home? Can they sell my home or evict me or something? If it helps, I live in California. I can also post the entire letter if needed.
I am trying to ride out the process as long as possible before I have to move. All help is appreciated.
Screw goi for they do not know why you make the choices you do and if anyone is a deadbeat it is the banks.
To me it sounds lke just the HOA lien is being auctioned but keep asking around as I am still learning. No matter what, if I were you I for sure would plan to attend the auction and see who and what goes down. The bank will not be happy about someone else buying this lien so there is a very good chance that the bank is behind this action to get ahold of the lien because it will give them further leverage against you as then you would owe them two separate debts and they would probably pursue you on both.
Have you investigated foreclosure? In my state it buys you a few more months and if you list the house as unsecured, well then all hell breaks lose for the bank. I have some great support that I can share with you if you would like to contact me privately.
Best of luck and don’t listen to negative crap. You have enough to deal with.
Gari
Hell No, No More Bail-OUTS
May 20, 2012 at 12:24 PM
@Gari,
It looks like you meant to suggest that Frank look into BANKRUPTCY to protect his home. Insead your sentence said ‘Have you investigated foreclosure?”
Indeed, using BK and declaring the mortgage as unsecured and DISPUTED is something to consider doing.
Have you done any research into your loan and the loan documents? Some of the loans were written with a fake company named as the lender. That makes the contract VOID.
In other cases, the banksters are having their employees assign the loans to the servicing bank in order to foreclose. That is a self-serving assignment and needs to be challenged properly.
@tim
It hasn’t always been like this in the Courts. Many years ago when someone infringed on my copyrights,
my friends brother who was very well connected got me a state senator as my attorney and in the end I went to court against him on fees and won.
@tIM
May 19, 2012 at 12:42 PM
@Tim
I found the Church site which shows
Deacon Tony and Diana Garcia’s son married to Michelle Hierman with two children living in Altadena.
when I looked up Isaac A Garcia I found when he lived in Pasadena his relatives include Tony and Diane.
When he moved to altadena neither Isaac or Michelle’s relatives make mention of a Tony and Diane Garcia but there is a Beverly Kay Garcia and a Lawrence Z Garcia. Where is the Deacon
After my own court proceedings where I filed againt 3 banks and MERS…knowing the law and citing the law and digging in the law library, as I read so many of you on this site are actually doing, it has been my 2 year experience that the JUDGES ARE NOT RULING ON LAW….The Judges are just ruling in favor of the banks and no matter how much evidence you file, proving the fraud, citing the laws it violates and what this situation has done to your life, the JUDGES are ruling in error and forcing the homeowner to either file an Appeal or being evicted. Then the dirty little trick you will not know until it passes you by is….If you are going to TRIAL without a JURY (which are 99% of us)….there will never be a COURT REPORTER and you must file one on your own otherwise, you will have no evidence of what the Judge did wrong during that hearing. That trick is to hurt you so be aware if you continue to fight after the lower court Judges rule against the LAW…I stress that the JUDGES are not ruling on law!! They are violating the laws and nothing is being done to stop it!!!! NOTHING!
When someone gets Mary ann Hierman or Michelle Hierman Garcia on the stand I think they should inquiry as to what name she is employed under and whose social security they use on her W 2 or 1099 or whatever,( Is it Mary Ann Hiermans or Michelle Hierman Garcias number?)
@GOI
I have noticed your posting several times and that is wonderful for you
But your case is the rare exception or there wouldn’t be so many people
on this site exploring and learning about the giant ponzi fraud going
on at the banks. .
Most of us do not have the funds for an attorney
My case at this point is very simple. I was in Federal Court when the state court judge
without jurisdiction signed the two judgments. The bank present attorneys even understood
this and said we never owned her two condos when the banks previous attorneys auctioned them off
and it is indemnify Indemnify INDEMNIFY, We are stepping aside and the title attorneys are stepping in.
And I should have regained possession of my two condos
. HOWEVER the corrupt attorney Thomas Malone of Fidelity National Title
and corrupt attorney David K Fiveson of a sham title company he called Coronet Title
did not want to Indemnify their clients and wanted to be Intervenors instead.
and told the Judge We have Equity and she took it and ruled against the law.
What happens to an attorney that says a Judge is corrupt.
YOU KNOW THAT ANSWER.
i am not going to subject a good attorney to that fight,, nor do they want it.
The people need them for our fight against this massive ponzi scheme.
Michelle A Garcia
Michelle A Garcia
Michellea Garcia
Michelle A Herman
Mary A Hierman
Michelle A Hierman
42 Denver, CO
Altadena, CA
Denver, CO
Pasadena, CA
San Gabriel, CA
Wheat Ridge, CO Isaaca Garcia
Garry Craven Hierman
Garry Keith Hierman
Mary Ann Hierman
Sally Jo Hierman
@Tim
I found the Church site which shows
Deacon Tony and Diana Garcia’s son married to Michelle Hierman with two children living in Altadena.
when I looked up Isaac A Garcia I found when he lived in Pasadena his relatives include Tony and Diane.
When he moved to altadena neither Isaac or Michelle’s relatives make mention of a Tony and Diane Garcia but there is a Beverly Kay Garcia and a Lawrence Z Garcia. Where is the Deacon?
I found this on LEAGIN RE McLOYD
United States Bankruptcy Court, N.D. Ohio, Eastern Division.
April 5, 2012.
——————————————————————————–
Question No. 3: Identify Mary Ann Heirman (Ms. Heirman’s name is on the assignment).
ANSWER: Objection. This request is vague, ambiguous, and overly broad and burdensome; requests irrelevant, immaterial or inadmissible information or information protected by privilege and/or contains questions in violation of law, rule or regulation.
(seems like her identity is quite a secret)
You should still read the court rules, particularly procedural rules, and use them to your advantage. If you have a lawsuit pending, ask the court to issue a subpoena for this person and take her deposition. It will cost you some money for a court reporter, but that is how the issue of robosigners is preserved. There are depositions of robosigners on the internet already, so you can use the same questions.
That is very kind of you to give us that information
and I agree with you that we have to go
by court proceedure
.BUT the more prepared you are with information about the other side
the less chance they have to do it to you
and you are out the door.
Nope, I’m on this site because I had represented people who were foreclosed upon, and currently am helping with a class action (not yet certified) as to ReconTrust foreclosures in Washington State. I have filed responses to eviction suits, alleging “robo-signing” and got nowhere under Washington law. But Washington State’s Supreme Court is currently scheduled to decide two cases that may be important on the subject of wrongful foreclosures.
Since you are an attorney I understand why you object to the way pro se defendants
get their case together.
There are a few attorneys that are really on our side but most are trained not to fight the system
and in this massive ponzi scheme that has engulfed this whole nation , we the people must fight back.
This message string, looking for someone’s address, is silly. If you have a lawsuit filed, serve the bank, send interrogatories to obtain addresses for personal service, or send an official request to the attorney to accept service. Trying to get personal addresses just looks like you are harassing somebody.
I want to know everything I can about a robo signer, an attorney or anyone that has a personal agenda and is trying to take property from me. I know whose side I am on. I( would want to know the answer to why the California Public Record say there is only one Mary Ann Heirman in California and she is 71 and now that someone spoke to her father I doubt he could have a daughter 71.
I tried to send the direct link.and when I looked on message board it wasn’t there.
I pressed in alot of police sites till I got something for free.
That one had one report of something but didn’t say for what.
for a mary a hierman at an address on Paz Road Altadena
but I think it was a different house number – maybe something like 1723 Paz.
I am still searching for that FREE police site again I am getting everything but.
that one incidentthat I saw for Mary A Hierman could be anything from a parking violation to a felony.
Meanwhile what I did see was that a Michelle Ann Hierman could be Michelle Ann Garcia. about age 42.
That could be the daughter. I also saw that the Ruth Hierman listed as possible relatives died at 88.
This Michelle Ann Hierman has addresses in Altadena, Pasadena and Denver Colorado and was born in 1970.. She is on linked site that Tim is on. Prehaps he could get some more info if this Garcia is the same Michelle Hierman.
Tim Bryant
May 18, 2012 at 10:18 PM
Michelle Garcia is a CW employee in the Orlando, FL area. there is a facebook page for Michelle Hierman Garcia. I do not use FB, so I cannot view anything more.
Tim Bryant
May 18, 2012 at 10:21 PM
I could be wrong, but I believe they are 2 seperate people.
Tim Bryant
May 18, 2012 at 10:29 PM
Interesting….
“Their son, Isaac Garcia, is married to Michelle Hierman. They have two children, Malena (2½) and Rowen (6 months). They live in Altadena, California.”
@MortgageMaria
That is because I just keep pressing in all kind of phrases.
I started with pressing in Mary Ann Hierman at Intelius (people finder)
They say there is only one Mary A Hierman in the US
(i would poke into all the people finding sites)
I then pressed in California Public Records. They state Mary A Heiman is 71 and the only one in California records.
Start posting on the message boaqrd for all those with Mary Ann Heirman signatures and who is the notary, the date, the city and give the list to the California Notary assoc.
California Notary also states their is a fund for fraud victims. I am going to try to post this message and then I have something else to post.
I looked up B of A in Altadena and their site says they set up appointments for banking info even if you are not a customer.
Maybe your contact could go with a friend and ask to set up an appt asking for Mary A Hierman
( because she is very good to deal with.?
If lots of you went into all the banks trying to talk with her I have the feeling she would get nervous and might start to talk) the friend should have a cell phone with a camera.
I would call her house again maybe later in the day and if by luck you happen to get her on the phone, ask her directly ”
“are you a VP or whatever at B of A and did you sign my foreclosure papers.?
VIRGINIA PROPERTY- FORECLOSED ON 12/5/2008
FLORIDA PROPERTY- FORECLOSED ON 3/2010
RETIRED US NAVY PAID 15,000 DOLLAR S TO ATTORNEY WHO CLAIMS HE HAS MUCH EXPERIENCE WITH HOMEOWNERS. . UNFORTUNATELY, ATTORNEY DID ABSOLUTELY NOTHING TO THE CASE. ON 2/2011 I FILED A COMPLAINT AT D.C. BAR ASSOCIATION. AFTER I FILED COMPLAINT I FOUND OUT FROM THE BAR HE WAS NOT LISENCE TO PRACTICE IN VIRGINIA AND FLORIDA.
WE ARE HOMELESS, LIVING WITH RELATIVES, CANNOT AFFORD TO HIRE A COMPETENT ATTORNEY. NO ONE TAKE OCNTINGENCY CASES
I went back and looked at the California Public records and the only Mary A Hierman they have is 71 and most likely married to the Garry Hierman they have who is 73.
And their relatives seems to a Michele Hierman, Garry Hierman and Ruth Hierman. So prehaps this robo signer is using her mothers name .
Could her name be Michele? To me if it is established that there is only one Mary A Hierman ,it seems hardly unlikely a 71 years old women would have the stamina to travel and sign so many papers.
i don’t have Mary Ann Hierman on my papers. Waiting for a reply from the NY Court on my case
I’m poking around the Internet for those who do.
Since Sarafians is the Notary someone with her signature should call him and get him to ID the person.
Website: http://www.vazonotary.com
vazrik sarafians is a commissioned notary public and may notarize documents in any county of California. It is not permitted to use a notary public seal for mobile notary services outside California. However, if you find a notary or mobile notary that has a dual notary public commission in a neighboring state, then it would be legal for the notary public to use the commission for the corresponding state. Thank you for using NotaryCRM as your source for finding mobile notaries.
I also went t California Notaries but the list is long and I only knew how to scroll. Someone who is better with the computer might know how to check the list for a name..
The notary site alsd says there is a fund for victims of fraud.
Hi Tim
I was looking thru California Property Records and came across a Garry and Mary A Hierman on PAZ Road in Altadena Calif. I don’t know if it is the Mary Ann Hierman you are interested in but what got my attention was the big difference in declared property values between neighbors on that street.
I tried to post the page get it in the reply to you.
Hell No, No More Bail-OUTS
May 15, 2012 at 1:41 PM
@ Marilyn Lane,
That discrepancy between property values is not a ‘DECLARED’ value. Based on a PROPOSITION passed eons ago that is intended to keep people from being forced out of their homes due to escalation of property taxes, the VALUATION shown on property changes when there is a SALE. Between years of sale, the most the property valuation adjusts is restricted by Proposition 13.
Due to that proposition, I would tend to believe that the one property has been owned by the same owners for a longer time that the surrounding properties.
Don’t waste your time on this effort unless you can see that the properties sold in the same year. Even if there is a sale, an existing basis can be transferred in certain circumstances and even transfers between family are sometimes restricted in how much the property is re-evaluated for tax role listing purposes.
Like I said, this is not an area that you want to put lots of time into unless you dig into the rules regarding Prop 13 re-evaluations of property. My own property is taxed at significantly less than many properties near mine. Only the house next door that has never sold since before my own purchase has a lower tax bill than my own.
Knowing Tim he would check every piece out.
MortgageMaria -why do you think it is Mary Ann Hiernam parents? I went to Intelius and they say there is only one Mary A Hierman in the USA. That is related to a Garry Hierman, the other name on the property.
IF it turns out there is only one and these are very old property records search the records and see the signature.
In addition Intelius says Mary A Hierman has lived in Altadena and Pasadena.
I would not take Intelius word , I would go to all the people search engines and see if they know something more.
You don’t know what you don’t know.
what doesn’t add up is why the California Public records say there is only one Mary Ann Hierman and she is 71 amd Intelius says their is only one Mary A Hierman in the United States.
Do you know if all the people who have Mary Ann Hierman’s signature have a same notary?
How about all the people who have Mary Ann Hierman,s signature, post her notary , the date, the city,
and assemble a list to give to the California Notary assoc.
No intention of being offensive! There are many who do not. Keep up the great work!
Gari
May 20, 2012 at 11:54 AM
Hi John (and anyone else who might have an answer or suggestion to this question),
I am seeking diversity jurisdiction on my foreclosure case because I reside in one state and my bank’s ‘nerve center’ is in another. My bank has no registered entity in my state at all BUT I have been told inadvertently that they are given status in standing in state court because of their status as a National Bank. Believe it or not, this question is not easily transparent and the law that I finally got someone to provide does not even really say that. Here is what was shared with me:
National Banks are still organized/chartered under the National Bank Act (1864) and we have no authority to register them.
To me this does not give them the ability to sue in state court at all, it just says the state has no authority to register them. Is it my problem if they can’t be registered here? Seems like it should be the bank’s problem.
Mary Ann Hierman
Vasrik Sarafians
Bank of America – B of A – BOA
I’ve been compiling information re Bank of America, specifically info on Mary Ann Hierman, a B of A employee. I’ve been served foreclosure papers with Hierman signing a fraudulent assignment from MIT Lending. The Calif notary was Vazrik Sarafians. He hasn’t responded to my written request for a copy of his notary journal. Please send your executed documents by the persons listed above and I’ll send you info that I have.
You need to be escalating this with the appropriate CA state agency. It is possibly the Sec of State. But go online and find out which agency, then put in a complaint pronto.
The state CAN revoke the notary commission.
Hopefully you have proof of mailing that request
Meanwhile, do not expect this alone to stop the foreclosure ‘machine’. It is a step in the right direction but be prepared to then escalate this.
Looking at other aspects of your situation, do you realize that “MIT LENDING” is a D/B/A? IN fact, it is a d/b/a of a d/b/a as follows: “MortgageIT, Inc. dba MortgageIT.com dba MIT Lemding”.
The New York headquarters are located on a street that has become famous: Maiden Lane. Deutsche Bank acquire MortgageIT on or about January 3, 2007.
While Deutsche likely can show it is the successor to MortgageIT, it appears that the BofA employee is working for the current SERVICER. Frequently the servicers use MERS to attempt an assignment to themselves. It is likely the case with your assignment. You need to get into discovery in a legal case so you can demand further documents. Meanwhile, you may want to try writing to BofA asking for information on how their employee is signing for MIT Lending, via MERS. I suspect the loan should have been assigned to Deutsche. If BofA is attempting to assign it to themselves (par of the course), I’d be trying to get them to put more information in writing.
I have filed a written complaint with the Calif Sec of State about the notary not providing a copy of his notary journal. The SOS is at least 12 months behind in processing complaints. B of A is the servicer as well as the owner of my note. And, yes, I was aware of all of the dba’s. My loan originated with MIT Lending (the wholesale branch of MortgageIT) but assigned at closing to another lender, not Countrywide or B of A. I had everything on auto pay so somewhere payments started going to Countrywide, then B of A. The assignment from MIT Lending was executed 7/2011 from MIT Lending to B of A, long after MIT Lending went out of business.
“Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both.”
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both.
“A member bank or any subsidiary or affiliate of a member bank shall not publish any advertisement or enter into any agreement stating or suggesting that the bank shall in any way be responsible for the obligations of its affiliates”
Most of the docs I have seen, show her as representing to be an employee of CoreLogic, not BofA, and not MERS. So, she is not only robosigning for BofA and MERS, she is “robo-creating” docs for CoreLogic.
To Angel,
It was the Office of the Currency Comprtoller(OCC) that approved the merger of Chase Home Finance,LLC into JP Morgan Chase Bank, N.A. as of May 2011 Need more info, eugenevillarreal@hotmail.com
To: United States Attorney’s Office
Central District of California
312 North Spring Street Suite 1200
Los Angeles, California 90012
To: California Department of Corporations
Consumer Services Office
1515 K Street. Suite 200
Sacramento, CA 95814
To: California Dept. of Real Estate (DRE)
Mortgage Lending Unit
P.O. Box 187000
Sacramento, CA 95818-7000
To: Federal Bureau of Investigation (FBI) Los Angeles
Federal Report Division
11000 Wilshire Boulevard
Suite 1700
Los Angeles, CA 90024
To: Ventura County Clerk and Recorder
Mark Lunn – County Clerk Division
Hall of Admin., Main Plaza
800 S. Victoria Ave.
Ventura, CA 93009-1210
Consumer Financial Protection Bureau
Fraud Division
P.O. Box 4503
Iowa City, Iowa 52244
(855) 695-7974 Fax (855) 237-2392
.
The State Bar of California
Office of the Chief Trial Counsel Intake
1149 South Hill Street
Los Angeles, CA 90015-2299
To: California Attorney General
California Department of Justice
Attn: False Claims Unit
P.O. Box 944255 Sacramento, CA 94244-2550
To: California Secretary of State
1500 11th Street
Sacramento, CA 95814
To: The United States Department of Justice (DOJ)
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Comptroller of the Currency
Case # 02293650
1301 McKinney Street Suite 3450
Houston, TX 77010-09050
To: Ventura County District Attorney’s Office
Real Estate Fraud Unit
Michael K Frawley Ventura
Senior Deputy District Attorney
5720 Ralston Street, Suite 300 Ventura, CA 93003
VENTURA COUNTY SHERIFF’S OFFICE
Civil Unit
800 S. Victoria Ave. RM 101
Ventura, CA. 93009
U.S. Department of Housing & Urban Development
Office of the Inspector General
451 7th Street SW
Washington, DC 20410
(I posted this message to AFN just a moment ago so if you are on there, this is the same thing) . . .
The bank and I have been going back and forth for the past 10 months when they first served me with their complaint. As it currently stands we had two hearing on March 26th of this year (1) the first on standing (2) the second on motion for summary judgment. The Judge denied my question of the bank’s standing and granted summary judgement which could not be filed for 60 days and thus is set for May 29, 2012.
I ordered a copy of the transcript that day (March 26th) and spoke directly to the court recorder who later asked me for a copy of the notes she saw me reading from in court. To this day she has not provided me the transcripts stating that she has been busy with a jury trial that started right after my case on March 26th. I contacted her again yesterday and she said the trail is over and she will get them to me. I heard nothing from her today.
Meanwhile, the bank filed an objection to my request for reconsideration on April 24th, 2012 which essentially states the following:
Point 1) Judge has already found defendent’s motion without merit
Point 2) Defendant has not introduced not new evidence in Support of my Motion for Reconsideration
Point 3) Defendant’s claim regarding standing is based totally on heresay
Point 4) Bank claims to have physical possession of the original promissory note (which they waived around in court but never showed the judge and I but probably looks legit to the general eye)
Point 5) some junk about Section 55-3-301 NMSA and UCC Article 3 standing essentially stating that they have the right to collect because they hold the promissory note which is bearer paper AND
i. that Carpenter v. Longan – 83 U.S. 271 (1872) is invalid because it pre-dates both the negotiable Instruments Act and the Uniform Commercial Code
ii. AND is irrelevant in New Mexico as law because the question based on a decision fr
(still fighting in New Mexico and my post above was too long obviously . . . .)
con’t.
decision from another Distructs US Bankruptcy Decision (from New York)
iii. AND (under Point 5) that they will go after me for damages should the judge grants my Motion for Reconsideration.
I have not heard a peep from the judge himself.
I don’t know exactly what to do now.
Should I:
1. Ask the judge for more time to prepare because I have spent the last 40 (and counting) of the past 60 days waiting to get the transcript to prepare for my hearing on reconsideration
2. Ask if I am even getting a hearing for reconsideration
3. Pray
4. Bribe the court recorder with chocolate
5. Sue the bank for being such an ass or maybe better yet for payment on the house or for wasting my time and being greedy and indecent with my taxpayer dollars
My mortgage is not a MERS mortgage, rather it was scooped up from my original small local bank in a bundle, securitized under Ginnie Mae with a pooling and investor number, then magically placed into the hands of the current Plaintiff by a robosigned assignment of mortgage to Plaintiff from the FDIC as trustee and this is the only document that the bank has provided me in my discovery that says they are the ‘true’ holder of the note except for a photocopy of the note that has the word ‘original’ in the photocopy and the judge did not ask to see whatever it was that the bank was waiving around in court at the hearing as the original note.
One last concern: I went to see a very scummy young lawyer who did a quick search on LexisNexis and says that the 10th Circuit Court of Appeals (to which my case falls under as a New Mexico issue) is not recognizing Carpenter v. Longan stating that the note does not have to move with the assignment of mortgage or some mumbo jumbo but not sure how to make heads or tails of this claim really.
Thanks and so sorry to be long winded. Just don’t like getting so close to SJ date and not having a plan.
To Angel,
You may know this already that Chase Home Finance, LLC merger with JP Morgan Chase Bank, N.A. on May 1, 2011. Chase no longer exists. Have you checked the Freddie & Fannie website ? They will most likely tell you that (FreddieMac) owns your mortgage. If they(Freddie) does, go to their website, also, and for Seller/Servicer Guide Section 66.17, 66.54, 22.14. It will show you how they hide behind the curtain. Read ; http:/www.housingwire.com/news/freddie-mac-tell-servicer-not-foreclose-mers-name . Has a follow up link to an Oregon article.
interesting,so if they dont exsist how was i served a summons from chase home finance 4-2012??see without this site VITALE info would go un-known…Thank you,more proof of fraudulent behavior…& i will check out those web sites.
CONGRATS ANGEL…. I am still fighting in court. Don’t trust any settlement Angel. That is move to set you up for failure. I am going to trial and the bank has not filed anything in months. They have not even responded to my first set of interrogatories. I think they think I’m going to go to sleep on this and wait til it get close to trial to start demanding discovery. We have asked to examine the note in court, in discovery, and any other way you can think of but they have failed to present it. I guess I will be filing a motion to compel AGAIN!! ANY, LOVE THIS SITE ALSO. KEEP UP THE GOOD FIGHT EVERYONE. GOD BLESS!!
well after ALOT of research & still at it,our status 2day,I filed a cmplaint with,FTC,FHA,BBB,against CHASE HOME FINANCE,& would you know it my phone has been ringing from chase,& i’ve been 2half yrs passed around thru this company with NO RESULTS,now because i WONT back down,they want to work something out..i would be LOST had i not found this site,the info,is SO VERY HELPFUL!!!!!& i say to ALL dealing with madness from lenders,banks,mortgage companys..U ARE NOT ALONE..& FIGHT FOR YOURSELFS..dont take fraudulent behavior lightly,& u can win,maybe small victorys at 1st,but every voice will stop this modern day home invasions/theifs/liars wearing suits saying”trust us”..TRUST YOU!!!!!! THANK YOU FF.ORG!!!!you have been a god sent to us,
Isn’t there a way to help some fight thier foreclosures by having every Judge or Attorney that has a possibilty of any kind of making financial gain have to remove them selves from any kind of foreclosures due to bias , conflict of interest , an unethical behaviors for helping make themsleves any kind of profits
?
Currently involved in litigation where complaint alleges borrower never missed a payment, yet bank marked her as in default, filed a nod, nts, and performed a subsequent sale. The sale occurred about 2 years after the nod ebcause borrower entered into repayment agreement with bank, that they completed, after it was clear the bank was going to foreclose if not.
Suit has several causes of action, including negligence and negligence per se, but can’t seen to get passed a demurrer. Specifically, the duty requirement for a negligence claim. Bank keeps asserting only claim should be based out of contract, and if no duty then no negligence. Demurrer has been sustained twice with slight variations in the arguments.
I agree that a proper ‘Audit’ or Report of Findings would be invaluable in a Court of Law, IF done properly. We have been fighting Wells Fargo, (Agent for HSBC, Agent for Merill Lynch Mortgage Certificates, Series AF2-2006) for a few years now. (Were in Maryland.)
Did a lot of leg work and fought pro-se for a year and a half, but in the end, found an excellent attorney-(2 of them), and would not have gotten anywhere without them!) We got Wells to panic, and they went so far as to hire a high priced law firm, (behind the backs of their normal foreclosure attorney’s who handled it for them for over 2 years), and it just so happened that the firm they hired had the son of our Judge working for them. Of course the Judge Recused himself, and it got reassigned.
Wells new firm then piled a mountain of b.s. on us in an attempt to get us to join them in a dismissal. We refused. In the end we allowed them to dismiss the case, without predjudice.
Sorry for the rambling, my main point is that we introduced everything from the PSA (in its entirety), Allonge, Robo Signed Affidavits, and much more. Without the evidence, it would go no where.
I believe a properly done Audit could be instrumental in defending or suing. (Loan Level Data would be gold!)
We have not ordered one, however are seriously contemplating doing so.
Good luck to all. Fight the good fight! Challenge Everything! THEY LIE!
Forgot to mention, if anyone is fighting the good fight here in Maryland, and getting somewhere with it, let me know. I would love to compare notes, and contacts. Have a lot of people asking me for advice and help, in finding the right companies to deal with. (For Audit / Securitization Information and LOAN LEVEL DATA)
Can anyone explain about this scam of mortgage securitization?
“The Federal Trade Commission (FTC), the nation’s consumer watchdog, has publicly denounced the use of mortgage audits, even if they’re done properly and legally. ”
WHAT?… How can this possibly standup in Court with the FTC denouncing it?
@GOI….I 100% agree,i wont give up,the problem im having is im beyond “green” on law/lawyers..NEVER dealt w/suits..& the lawyers that have contacted me are ONLY talking about “modify” or re-finance…I think im not coming across right..what i can prove…NEVER missed pymts,NOT 1….forced ins.policys never needed….credit ruined over false claims,worked day/night with LENDER, trying to stop this,csr,ins dept,loan dept,loss mitigation dept,Home Lending Excutive Office & finally after being passed through that many depts & still 0 results except 2half yr papertrail of contidicting lies,so i tried Independent Mortgage Reveiw & 2date,we have (2) case #’s & its 5months later w/no results…I know we need a lawyer…but i feel we have 1shot at this & i need to find 1 as big as “lender”…or am i way off???
HammerTime
May 4, 2012 at 5:18 PM
There’s much more attention on the issue and banks are being exposed so they are being cut down to size. Your instincts are right that lawyers want to steer you to modifications or know as much as you do so you need someone that’s familiar w/ the issue. It was recommended to me that I sit in on cases which seems like a good approach. If you post your county, state someone on here may be able to refer you.
@goi-Are you sure it’s I who does not understand what is happening? No offense, but I have absolutely no idea what you are talking about and how it relates to me. You keep sending this scrubbed scribd case, which by the way, is a matter of public record- but you make no point. You say that the economy would collapse if everyone got their house FREE & CLEAR-[ as far as I can see the banks and their unethical practices managed to collapse the economy all on their own without any help from me ]- but I would suggest you review the Jerome Daly case and who the actual creditor is in regards to the actual alleged loans. Securitization and Monetization may be where you want to start as well. I guess it would make sense if the fact was that when you took out a loan for your house (which in your case- sounds more like investment properties and not homestead) there was equal consideration and that the bank or lender actually deposited your note in their safe and exchanged real money using the mortgage as collateral, but that is not the case. Banks do not and cannot lend money-they lend credit-credit which is monetized by your signature. This is part of the deception and misrepresentation that most are talking about and trying to fight. So far- I have yet to see any attorney comment or blog about this truth- but as officers of the court- it would probably not be in their best interest to do so. Why do you think so many only offer modifications? Here’s a little something for you to think about as well- did you know that the courts are corporations and that they, as well as, the judges have investments and retirement plans in MBS’s? Don’t believe me- look up your CDC on Dun & Bradstreet.
Congratulations on getting your house FREE & CLEAR- and seeing how it was probably already paid for 3x’s over when it was securitized- it’s too bad that the stock certificate YOU created did not pay you any of the proceeds that others made off of your MBS.
macy
May 2, 2012 at 9:43 PM
…If I misunderstood your point and that your point is that hiring a competent lawyer who actually understands what is really happening and offers foreclosure defense – I agree- no one should try and take this on by themselves (pro se). As they say- “A man who is his own lawyer has a fool for a client”.
My sincerest apologies for any misunderstanding.
My posts are just a sharing of information that I have stumbled upon.
@angel, please this has been done to all of us. 9/2009 i was unemployed from march and just found a new job and my husband was ill and could not work for a month could not get sick leave pay for him. asked wells fargo about the hamp loan. my gosh did a can of worms open. i also had never missed a mortgage payment from 1991 we are talking about . but some how i fell into the rabbit hole. my paper work was lost, the modified me higher then original morgage, found out i have a stated income loan , my income never verified. what happened to 25-27% of net income prevents defaults. but they wanted default any way they could get even if your paying they find a way. i had had paid 5 moneths on my mod and asked again for a hamp loan and then i was told NOT to pay my mortgage . induced into default. forged note, no assignments. please findd counsel do not walk away form your home. we are in the middle of a fraud scheme on us. please go to foreclosure hamlet ( i am saving my home in floridah) and living lies. all our stories are different but all pretty much the same. satay the course and you wil win.
Thank u for sharing,& srry your dealing with craziness,i pray 4 resolution for all dealing w/LIARS..but i wont give up,ever..it took us to long to build our credit,save for dwnpymt,& we never missed 1pymt & placed in default 3xtotal…..i’ve never in my WILDEST dreams guessed this would be a worry,i thought you buy a home,plant roots,live…not buy a home then get sold to crooks that ruin peoples lives & get paid to do it…im 41 but feel 5 when it comes to this much WRONG,i’ve had no voice,proof meant zip,were ruined & im NOT goin quietly
was placed into foreclosure w/out missing pymts,”lender” attatched ins,policys never needed,had my ins,agent call lender direct to prove,along w/faxes of entire ins coverage,still attatched 6 policys & depleted entire escrow acct,into neg amount,continued to pay mortgage until pymt returned,4-2011..have been in contact with lender providing proof,i’ve dealt with ALL depts,with 0 resolution except further in debt,credit ruined,filled out all paperwork for Independent Mortgage Reveiw to end this,we have a case #.& i thought this would end this nightmare but was served 3x in 1week,4-19-2012…summons is same as 2010 charges i’ve already proven FALSE,& states “lost” deed,& deed never placed with our county,CANT TAKE THIS!!!!! this has consumed me now 2half yrs…i dont know how else to prove this is BEYOND messed up,can ANYONE HELP??????????American Dream is a LIVING NIGHTMARE!!!!!!
Why is a Loan Modification not considered a “Foreclosure-related rescue service”.?
and-
If the Note/Negotiable Instrument has been bifurcated from the Mortgage/Deed of Trust and has been forever converted via REMIC from a UCC-3 Negotiable Instrument to a UCC-8 Investment Securities or Stock Certificate.
Would not the conversion and the separation of the two therefore make the contract null and void?
On my Mortgage/Deed of Trust it states “This Deed of Trust secures a Promissory Note”
In other words- if the Deed of Trust secures the Promissory Note- and the Note no longer exists-then would not the Deed of Trust be invalid?
So my main question is- How would anyone have any authority to Modify a Loan based on a contract that is invalid?
Could this be one way a loan modification could happen?
The loan becomes delinquent and then after 60 days the servicer becomes a debt collector. The REMIC writes the debt off and the servicer then buys back the asset as a non-performing, unsecured debt (toxic asset) for pennies on the dollar so that they can negotiate a loan modification. So the servicer has purchased a discharged asset.
Any help understanding this would be greatly appreciated.
You need to attend this Webinar and get anyone else you know on it. If you miss this please e-mail me and I will get you the time and date when we have the next one. Also, if your not using Audits or anyone in Foreclosure are not using Audits I would love to speak to you on how our Audits can help you discover the evidence and then seek Quiet Title. Even if you already lost your home in Foreclosure you can use one of our Audits and sue the bank for Wrongful Foreclosure. Any questions please e-mail me at: FreedomInvestmentSolutions@yahoo.com
Are You a Victim of Mortgage or Foreclosure Fraud (Potential Client Webinar)
Dominic Spinella,
Susan Chana Lask is a N.Y. attorney who “gets it” and WORKS for homeowners. Don’t know about fees, but I’m a member of Anti Foreclosure Network that helps Pro Se ligitants or help with info with those that have attorneys. Based in New Jersey but we have members from all over the country with monthly meetings and weekly teleconferences. Check out our website. http://www.afnetwork.org
i am in Calif and have Mary Ann Hierman sig on an Assignment of DOT, notarized by David J Mayo. I also have Mayo’s application for his notary lic from Calif SOS with his signature as comparison. I have filed a court acion against BofA and have subpoenaed Hierman to APPEAR WITH the MERS Board authorization granting her their authority to sign on their behalf. Trial is May 10, 2012. I will post the outcome. Trying to subpoena Mayo, but his company name keeps changing, but think I found him, so I can serve him to bring his Notary Journal (requied in Calif) to show Hierman signed in front of him. Don’t thenk she did. He is poss a robo-notary.
Where are you located…I’m in Florida. I recently had a victory against BofA…dismissed, but “without” prejudice…which means they can re-file. I would recommend the lawyer whi handled this. Rich
It seems like this is the latest charge lately. We have been hit by 2 lawfirms with sanctions cases. They cant argue the facts of course so let’s go for sanctions. These judges are tired of seeing us ProSe’s showing up in their courts… but I do think the Judges are starting to catch on to the Banksters and how they were part of bringing this Country to their knees. At the same time the Banksters were the ones to support the Judges in getting where they are today … their greatest supporters!
I am fighting HSBC on fraud on my note. My loan was sold 3 times since 2004, they will not work with us at all and actually raised our mortgage to almost 2400.00, feeling completely helpless, we just stopped the nonsense and stopped making our payments. We have since found out that there was never a signed endorsement on our note, and in actuality they forged an endorsement dated January 2011, and stuck our original 2004 signatures behind it. It was never caught by anyone including the judge until this week! We our now on our 7th appearance before the judge, and HSBC has now filed sanctions against us, to try to win, saying that we objected to a question that was asked of us. Any one else dealt with HSBC? I would like to know.
Angela, it sucks that we cannot turn to the legal system to get help and justice. With that said there is hope to get this resolved and then take this to an attorney to seek Quiet Title. I would recommend you do an Audit, we offer different type of Audits from x-bankers to Richard Kahn who has over 35 years as a certified Auditor and Expert Witness. Once the Audit comes back it will show the Fraud, many of the Audits come with an Affidavit outlining the findings and the Auditors credentials. We also have an Attorney than can do Quiet Title in every state. The team I work with have been using an Administrative Process to help people become Free and Clear, even though we have been successful with this process we are now starting to recommend every new person we help do an Audit first…. WHY? Because when the audit comes back it will provide direction as to what path to take. If it comes back exposing the fraud and the evidence YOU need you can then take the path to start legal action with Quiet Title or it doesn’t show any fraud or evidence of fraud you would an Administrative Process. Understand nothing is every GURANTEED although I will say we are finding using these audits from the beginning has helped many find the evidence that they only suspected and finding this gave them the knowledge they needed to take the necessary action.
Here’s some info on our Basic Securitization Audit: This audit is specifically designed for the Quiet Title. In order to have evidence you need to conduct an audit before ordering a Quiet Title.
You need to have evidence or just cause to move forward, otherwise you could be filling a frivolous lawsuit. This audit will illustrate the chain of title and review the Loan Application (Form 1003), the Mortgage or Deed of Trust, the Note, RESPA Transferring and Servicing Disclosure and much more. The Basic Audit can be upgraded to an Expanded Securitization Audit with Affidavit.
I hope this helps, if you want more information on the Audits and how they can help you please send me an e-mail to freedominvestmentsolutions@yahoo.com in the subject line insert, More Info on Audits or you can call 941-876-4755. We do have a Webinar this Tuesday and I’d be more than happy to send you the link so you can attend.
Rev Andrew john shebiw, l say that,lam free for loans now if it is possimble l need loans. please please support me loans now.
l said thank you for good massege from you friend. l say well come TANZANIA now.
Rev andrew john Shebiw
I’m about to goto trial with Capital One on fraud and wrongful foreclosure claims. The bank just might finally be held accountable in California. I’m not going away and this is about the big picture.
ON 5/3/2012 AT 8am
There is a planned protest outside of the Santa Ana Civil Courthouse, CA. This is during my mandatory settlement conference. Media will be in attendance.
ON 5/8/2012 AT 9am
There is another protest set in front of Capital One headquarters in McClean, VA. This is during their annual shareholders meeting. Media will also be in attendance there as well.
THIS IS ABOUT ALL OF YOU! Together we can make these banks be held responsible and start healing our families!
More info available on:
capitalonemortgagefraud.com
If you would please send me an e-mail or call me at 941-876-4744. We offer several different Audits which you’ll need to do Quiet Title. I also know of a Law Firm that does Quiet Title in every state. We have 6 or more different audits and some of the Audits come with an Affidavit that will help the Attorney present the case to the Judge based on the evidence that is found in the Audits. Once this is submitted the Judge should rule based on Rule of Evidence. An Audit should be the very first thing anyone in Foreclosure should do. Why do an Audit; because by doing an Audit first will provide direction as to what solution to pursue.
When the Audit comes back and there’s fraud you can seek Quiet Title action, if it comes back showing no violations or fraud then you should use an Administrative process and then later start Quiet Title Action. I hope this provids you with some direction. God Bless
macy
April 24, 2012 at 8:52 PM
Hi Steven-
I do not see your email address. Is it a Securitization Audit that you are talking about?
thank you.
Blessings to you as well.
A Credit Default Swap (CDS) is a financial swap agreement that the seller of the CDS will compensate the buyer in the event of a loan default. Typically and investor will file a claim in the borrower is 3 months late in payments. The CDS amount can be equal to the face amount of the original loan and sometimes greater. You do not have to be the owner of the note to purchase a CDS. In the early 90’s CDS’s began to hit the market and notes became securitized. In 2003 the amount of investors that purchased CDS’s increased at a great pace. This was due to the introduction growing number of Sub-prime and ALT-A loans. Theses were very risky loans, so investors wanted to make sure these Notes were protected. The CDS Report will identify if a securitized Note was protected, as well as the policy information. The Credit Default Swap Report is “The Smoking Gun” in a foreclosure case.
A Level 1 audit is required before a Credit Default Swap Report can be ordered. If you have an up coming hearing, will will include an Affidavit written by the auditor who performed the Credit Default Swap Report. This affidavit will be formatted for the hearing with the Plaintiff and the case number.
Basic Securitization Audit:
This audit is specifically designed for the Quiet Title. In order to have evidence you need to conduct an audit before doing a Quiet Title. You need to have evidence or just case to move forward, otherwise you could be filling a frivolous law suite. This audit will illustrate the chain of title and review the Loan Application (Form 10-03), the Mortgage or Deed of Trust, the Note, RESPA, Transferring and servicing Disclosure and much more. The Basic Audit can be up graded to an Expanded Securitization Audit with Affidavit Securitization Plus A
I’m not able to send you all the Audits, so e-mail and I’ll send you a list of the Audits
I confer Goi – I get the hire an attorney thing but most don’t know jack and no matter what we need to educate ourselves. Most people would have hired an attorney before they ever got to this board if that was an option for them.
Goi,
I really think your deceiving comments on these boards is getting a little old. This of course is a capitalistic society but most of the people coming to these boards are searching for information on how to deal with the banks not a bunch of SPAM promoting your attorney. Commissions and kickbacks? Let your attorney know that if he is serious he should put his money where his mouth is and take these cases on contingency and get piece of the pie when its all over. Maybe a 20% share in the value of the property secured by a trust.
I will continue to help people on these boards fight for their rights but its tiring to shuffle through all of your spam.
I concur Tired. A couple of posts from Goi are more than ENOUGH.
However, on the topic of attorneys taking the cases on a contingency basis, that contingency fee in should be the amount that the court will award in attorneys fees or a portion of any cash award, not a percentage of the property value to be set up as a new mortgage in favor of the attorney in the case where the existing mortgage is extinguished. If there is cause for the mortgage to be wiped out, there should also be grounds for collection of substantial attorneys fees from the opposition.
I’ve been told that, in my state, a contract that has the attorney collecting a percentage of the house value in the form of a new mortgages is not ethical because any resulting ‘win’ then puts the attorney in the position of being an adversary to his own client.
Yes, encourage the attorneys to really work on these cases, but beware of unethical contracts. We already HAVE an unethical contract with the banksters.
Hammertime
April 26, 2012 at 2:25 AM
Where can we find these contngency l;awyer creatures, Narnia? 😉
ruth ann traci: banks will NOT reduce principal to homeowners. IF they do, it will send all ‘currently paid’ homeowners into bank wanting THEIR principal reduced. You said ‘call govt, a..g., sec, etc. This will do NO GOOD and you’ll lose your home anyway. IF you have a case: CALL AN ATTORNEY. Banks will help, but only IF YOU HAVE A GOOD CASE. That is what ‘I did’ and got my house FREE & CLEAR… Here’s How I Did It:
Thankyou for your supportive report back to me, I owned more than one home, started with inheritance, and does it even matter now! When common sense for most kicked in and they were walking away or whatever I hung in; trying to maintain all, trying to save credit, etc. as alot did, to no avail! Couldn;t sell any property for even a breakeven and the banks wouldn;t approve short sell! Finally make decision to short sell after trying far too long for a modificaton, short sale pending!! on prime residence, move back to original residence, locked out and foreclosed; back to prime residence still pending short sale, finally approved!! purchase price 620 selling price 174, tenant given cash for keys, move back into that home, trying to work with lender, refuses any assistance, foreclosed 4/23 will be thrown out soon, have lost all three homes, due to medical, had no funds for attorney, nothing was offered, mod given on one property 4 yrs ago, perfect payments 3 yrs refused assistance, so for those of you that believe you are being given a modification and they are there for you just in case!!! do not believe anything they say! here I sit with loss of 3 homes, all 20 down+ just wanted a rate reduction!! 30/40 yr whatever loan, now I am on fixed income, will never be able to save that amount for down payment again, unless I live until 80 with no health issues, haven;t headed that direction so far! I think the banks need to take a real hard look as to who is minding the store!! the servier knew the home was owner occupied, something that I am sure was never communicated to their legal department, those with the attitude that we are a bunch of losers shouldn;t have the job of helping!! Loan Sharks? might be a good name for them!! Certainly at this point trying to win ones home back would be far too costly, and after all of the noise our Attorney General has made, it obviously isn;t making a difference, they continue on!
Hammertime
April 26, 2012 at 2:44 AM
To go from 620 to 174 is a real red flag for predatory loan. If your bank is one of the settlement banks or you qualify for indpendent audit I believe there was a case that stopped sale since independent audit is required before foreclosing. Definitely need a lawyer but you should file complaints w/ AG, Comptroller etc. If you need a QWR I could send you a copy of mine and hopefullt give you a hand though not legal advice, if you leave email.
ProSeWay: You are CORRECT. A Free House Argument is Not Good. Your comment indicates you didn’t read the narrative attached to the court docs awarding the free house….
HammerTime: My ‘co=titleholder’ had a BK; and we STILL lost a house.
On another one: The court gave me the house FREE & CLEAR. It all depends on the case you have and HOW you deal with the courts. MY RESULTS: I “WON” my house FREE & CLEAR in COURT…!
FIRST Rule: Don’t go into court ON YOUR OWN…!!!!
WInning the case and having the house free and clear could be a result. Not necessarily a “free house argument”. Need to avoid the “deadbeat” propaganda but be objective as well.
Great outline of foreclosure process! People in CA esp should review. Good examples of how results differ depending on case and legal assistance. Free and clear is not the goal but to hold lenders accountable when they’ve been abusive and if we haven’t received due process.
I was in foreclosure and had a sale date 10/2/11. The sale was cancelled and I didn’t know why. Went to county recorders office and saw that the bank filed a Rescission Notice of Default and Election to Sell Under The Deed of Trust. I received a notice back in July from Bank of America N A saying that BofA NA was not the owner of the note but all 2 1/2 years they were clamming to owners of it. And if I disputed this debt I needed to send them something in writing with in 30 day or they would assume that the debt was valid. So I disputed the debt! I was reading up on Fair Debt Collection Practice Act. I noticed that the law said if you dispute the debt within 30 days and ask for verification they must cease collection untill they send you verification of debt It’s been 6 months and they have not refilled notice of default. Has this happen to anyone else? I think it’s time to talk to a lawyer! Would love to have some thoughts on this if anybody knows about why would they not just postpone this? Why would they cancell?
I have gone through the same exact thing with them. I have been in litigation with them for over a year. They do nothing but deny and lie. I have am finding some very interesting and clever ways that they have overcharged borrowers for things that I don’t think anyone has really looked at yet. I am fighting them pro se as no lawyer willing to help. Did you apply for a mod or did you refinance? Feel free to drop me a private email if you want: kad291@comcast.net
HammerTime
April 22, 2012 at 5:17 PM
You may want to look at recent ruling against Wells Fargo where homeowner was awarded large sum from damages and I believe misapplying payments was a big issue. Accounting issues are more easily raised in bk it looks like. I’ll send you judgment report.
Bank of America cancelled all of its foreclosure in some states – sometimes it was using a Trustee that was not qualified, so they may have postponed the sale, just because they could not proceed. you should check the Bank of America settlement agreements with the OCC and you local state attorney general. The OCC, Office of Comptroller of he Currency, is performing an audit of a lot of these foreclosure practices.
You need to hurry and file a quick claim deed at the county recorders office, a commercial lien with the secretary of state and file it with the county recorder. I might even file a UD against them and let hem prove they have no rights to your property.
Bank of America sent me a notice in July that said this.
Fair Debt Collection Practices Act and State Law Notice.(CA)
(1) Under the federal Fair Debt Collection Practice Act and certain state laws, Bank of America , N.A.
Is considered a debt collector . Bank of America, N.A. Must provide certain information to you in order to make sure you are informed when a communication is related to debt. The purpose of this letter is therefore to provide you with information required by law, including the amount of debt.
(2) Debt Validation Notice
(a) The amount of the debt: As of July 5 2011, you owe $XXX,XXX.XX because interest and late charges, and other charges that may vary from day to day. The amount due on the day you pay may be greater. Therefore, if you pay the amount shown above, an adjustment may be necessary after we receive your payment for collection.
(b) The name of the creditor to whom the debt is owed: CIG-RESI HFI 1ST LIEN MORT
Please note that unless Bank of America. N.A. Is listed in 2(b) as the creditor of your loan, Bank of America N.A. dose not own your loan and only services your loan on behalf of your creditor, subject to the requirement and guidelines of your creditor.
(c) Unless you, within thirty (30) days after receipt of the letter, dispute the Validity of the debt or any portion of the debt, Bank of America N.A. will assume the debt in valid.
(d) If you notify Bank of America N.A. In writing, at the address provided you below within (30) day period, that the debt , or any portion thereof , is disputed, Bank of America N.A. will obtain verification of the debt and mail it to you.
(e) Upon your written request within the thirty(30) day period, Bank of America , N.A. will provide you with the name and address of the original creditor if it is different from the current creditor.
Jeff
April 17, 2012 at 6:29 PM
Their saying in their own letter,that their not the owners of the debt! So when I disputed the debt within thirty days of that notice. They had to cease the collections to comply with the
Fair Debt Collection Practice Act. And I think that why they filed
Rescission of Default and Election to Sell Under Deed of Trust. It’s been six month and they have not refiled the Defalt Notice. I need a good lawyer if anybody knows of one in northern CA. Bay Area please reply with your thought
Thanks
I had that happen and they sent foreclosure notice, revised auction date an additional 2 weeks, however sold at auction today, and no they didn;t send me anything!! and the lender refused any type of negotiation, and trying to save all 3 homes now losing all 3 homes, was just too exhausted and mentally incapable of fighting them, on fixed income; cannot afford legal counsel, all monies from not paying mortgage have been used for medical. I did try to contact approximately 7 for legal advice, all suggested the same thing walk away and file chapter 7; guess they new the banks were not about to help anyone; should have got off my bb and fought it myself! too depressed have contacted all government/am sure they just believe whatever the lenders tell them, if you are not just a single homeowner with children, lower income, hud is a complete waste of time, in fact they will tell you that they can’t help and send you to hope, who tries but no one listens!!! have lost everything! as many have
I am 69 years old and co I worked for closed down in 2009 also we lost most of our retirment in the market was behind on payments and trying to work out with the bank. they forclosed on us and sent the house to a sheriffe sale I was in the hospital with a heart operation our attonery notified my wife at 4:00 in the afternoon sale was at 8.:00 next morning we could stop it with $30000 cash to the bank by 5:00 we had the money but time ran out and bank would not wait other day. they have refused to work with us at all I belive they will make money off the place someone will sheriffe sent notice to be out by the 4/23/12 Does anyone have a angle to postpone them longer I am back to work and could get it paid off with a little more time.
Will need more info to come up w/ approach but focus of course on stopping eviction.
An approach can be to send demand letter to lender and trustee to stop eviction since it is a wrongful foreclosure and back it up with information you put together. Definitely get a lawyer I’d say since you have funds to avoid making a bad deal w/ bank in my opinion, not legal advice.
If you are in settlement state or not in Kansas I guess you could call their “settlement” number and make complaints to your attorney general and federal department of justice and others dealing w/ settlement. I’ll post list later. Good luck!
for you who needs more time; call the hope hot line or whatever it is called, call the ftc, call the govenors office, call the aigs office, if in california call fienstiens office, send a letter to the President, easier if you just send the same letter too all, then you must fib and tell them that you prefer a short sell to a foreclosure, since this will take a while, you will now have the time to hustle some cash, and then pray real hard that the reality sets in, when they see just what the appraisal is for your home, maybe if you keep praying real hard they will offer a modification, be very careful what you wish for, I was offered one 3 yrs ago elated, only to have numerous medical issues prevail, and even though it was in writing that they would assist after 2 yrs perfect payments, after 3 yrs perfect payments, and sending all paperwork in for seven months, they refused, defaulted, refused even a short sell, Good luck too you!
Bank Transfer Day sent banks a message that consumers have had enough. Yet, banks don’t seem to be to worried over 600,000+ customers taking their business to community banks and Credit Unions with an 11% overall drop in 2011. So, I feel, Exposing the Bad Banks across the Internet and launching a Bank Transfer Day, Ditch Your Bank, Dump Your Bank on the first day of each quarter will send them an even stronger message that if you F*** with us, the consumer, we will bring you down.
On our web site, http://www.exposebadbanks dot com we expose all the dirty deeds we can muster regarding the corrupt policies of not only the top tier banks, but from every bank on our list and any bank referred to us. We are glad to see sites like http://www.4closurefraud . com as well exposing these corrupt banks and policies.
What banks don’t want home owners to know is that they actually make a huge profit on foreclosures which is why so many home owners including us, have not been able to get our bank to modify our mortgage to a lower interest rate. The way the laws are written, it was more beneficial for them to foreclose than to modify.
These crooked Banksters need to know, we the people are not going to take this crap from them anymore and we will continue the pressure to downsize any crooked bank until it changes back to the founding principals of community based services or they will continue to decline.
Credit Unions are community based financial institutions and growing more in one month’s time then they did in all of 2011. They generally offer better interest rates, no fees or lower fees, home loans lower than banks, 100% increase in customer service, pleasant people to work with and more. Show your bank the door, while opening a new door with your Credit Union. IMO, You won’t be sorry you did.
We are fighting 2 foreclosures w/ Bank of America and some other non registered organization BAC etc. They have contacted my renters with copies of the paperwork on the Foreclosure and advised them to put their rent in an escrow account (like they are going to do that). Is this legal for t hem to do this? any recourse?
In CA tenants are supposed to pay rent under lease agreement unless title changes hands.
I’m dealing w/ similar tactics in CA. City has a program which is triggered by complaints to enter program where large percentage of rent can be “administered” by force. Mysterious complaint on my property after late QWR response and approaching settlement. New tactic to pit renters against landlords in foreclosure?
Some actually abusive landlords have challenged on search and seizure I believe. But mom and pop landlords? Ridiculous. I’m trying to focus on local government role and this can show they are working in bank’s interest at bureaucracy level if not policy wise and ignoring citizen’s and homeowner interest.
2 homes one short sell, the other rented, tenant given cash 4 keys even though current/home just forclosed today, was central mortgage/fixed 3yrs ago, only to go up 500 a mo. is federal loan, refused any assistance, goal was to take back; be very careful with your so called modifications, if the loan isn;t fixed for 30 don;t bother; owning more than one home? my rental property, rented out rooms when I moved back in to save home, all 3 tenants one at a time, unbeknownst to me were given cash for keys/ 30 day notice, all had been given their deposits back/ one was there for 7 months and wasn;t charged anything! locked out, in all 3 different occasions tenants were given cash for keys, now in last home, auction 192,000 was looking at $600,000? wanted rate adjustment, wanted to stay in my home!! senior citizen fixed income, good luck working with the banks
hamerTime: your question tells me U are going to ‘lose’ your house. In CA courts ProSe folks are ‘shown the door’. If you have a good case, you’ll still need a good attorney and good auditor. (I know, I’ve lost ‘2’ houses already and am battling on ‘3’ others. “1” i prevailed ‘free & clear’). These are the best I’ve found: Atorney Jason Estavillo (650-983-3001) and Auditor Lawrence Axuncion (650-355-8873). I am NOT being paid to tell you this; they are just GOOD at keeping folks houses…. If you call, tell them ‘Kris’ sent ya… The NOTS must be delivered in the proper manner: BUT the sale date will CHANGE and you will NOT GET NOTICE of this, and they’ll ‘steal’ the house with a quick Trustee Sale (ask me how i know..!!!???) Again, an attorney and auditor know how to ‘monitor’ this and they can’t get away with it… Being right/wrong is NOT good enough, you have to PROVE IT IN COURT…!!!! Do NOT go on this alone…….
I’ve been able to stay out of the court quicksand until now and stopped sales etc and have a strong case it looks like. Not typical securitization though. See response below.
I’m very close if I could get over the hump but like everybody else it seems in fc am in income trap and can’t afford an attorney even though I’ve offered my services as researcher and possible information/web site collaboration but everybody wants their pound of flesh up front. No offense to the good guys out there.
Appreciate the feedback though and will make my pitch again if I haven’t already w/ Estavillo. I’ve gotten two preliminary audits that verify alot of things.
I’m trying to avoid going solo at all costs but just as it looked like I would have some options the city has joined in the fight on side of lender it seems. Or could be they think it’s an oxymoron that an evil landlord could be in foreclosure!
Could relate to the “So it begins…” post. Someone sent a crazy guy to my house to pound on the door and yell obscenities on day of hearing w/ city. Good thing I wasn’t home but neighbor warned she has a gun. That night someone drained my truck of gas. Tenant had been co-operative but now is threatening to leave because of stress of making repairs imposed by city! So income will go to zero! That’s just for starters.
Steven
April 14, 2012 at 10:24 PM
If you would please send me an e-mail or call me at 941-876-4744. I work with an organization out of Jacksonville, FL that has an attorney that can do Quiet Title in every state. I use them because I
sell 6 different audits. When someone is not in my county where they can use the attorney I have for
Quiet Title I can still help them because I have an attorney that has agreed to a set Fee to do
Quiet Title in every state. If you want to learn more please e-mail me or call and ask for Kimberli or Steve.
HammerTime
April 15, 2012 at 12:14 AM
Steven,
Thx for response. Will call on Mon. about 1 east coast. I’m in CA.
There is a case in Colorado now before the Tenth Circuit Court of Appeal Challenging non judicial foreclosure in Colorado. It also may affect non judicial foreclosures across the nation. Appeal Number 11-1578. Mason L Ramsey & Judith Mae Neville vs Citibank and Citimortgage. Novel arguments.
I DO recall that post but as I recall, the ‘if’ was regarding the default – whether or not a default was KNOWN to have occurred. It caused the statement of the default having occurred to be doubtful, versus an alleged KNOWN default.
HammerTime
April 14, 2012 at 9:00 PM
That would make sense but I thought it referred to a specific document. Had me thinking as my first NOS in ’08 did not include the clause as I recall and it seemed to stick out like a sore thumb this time around actually in ’11.
Another question as I’m needing to get creative here. I’ve stopped minimum of 3 sales and had one rescinded. MERS records that don’t make sense etc. Latest pretender move has been sending acceleration letters. They claim they can set up sale at any time but so far nothing over two letters and about 3 months ago. Has anyone received such letters and has lender acted? Did they give any 30 day notice etc?
Hey, does the Note presented in foreclosure action have to be signed by a representative of the bank and notorized? I just notice the Note the bank attach is not signed by any representative of the bank or notorized. The note was executed in 93 but I guess no one ever notorized it. Or sign it. The mortgage is signed and notorized tho.
what has happened to I vent who enlightened many of us. I do not see any postings from her lately.
Also does anyone what has happened to Tim Bryant. Thanks.
I have been in contact with Tim and he is just busy. Also, just today, I saw a post on a site that was linked to by 4closurefraud where there was a short post by someone who signed as Ivent.
I have been battling with 3 Servicers over the last 4 years( HomEQ, EMC and Quantum) trying to save my home.
Due to family hardship I was unable to make my full mortgage payments to HomEQ. When I was aware that I wasn’t going to be able to, I contacted them to request some assistance and was told nothing could be done as I was not late. When I became late they would not take partial payments and told me my only option was to short sell.
They sold my mortgage to EMC 6 months later. I fight with EMC for 3 months and they put me on a ‘remodification’ plan. I made payments that were about $300 less than my normal payment for 12 months. Then I get a letter saying the modification was denied and by the way you are 18 months late. OH yea and we sold your loan to Quantum.
Quantum sends me paperwork telling me my monthly payment has increased due to the escrow. Apparently EMC force placed Insurance to the tune of $13,000 for a year. Never mind that I had sent them proof of Insurance twice and that I had been paying the entire time. Quantum has not offered to talk about ‘remodification’ unless I can pay 50% of the past due. This went on for a year and quantum just started the foreclosure process at the end of 2011. I have filed chapter 13 to try and save my family home but fear I will not be able to make the payment to the trustee. I am paying on my normal mortgage and the arrears amount. The payment is double my normal monthly payment.
I do not know where to begin. I have spoken to one attorney here that says he will take my case, but I have to be able to make the payments to the trustee for at least a year. I am unable to, due to the amount.
– Do I have any recourse against EMC? If so where do I begin?
– What is this I am reading about a sworn securitization affidavit and how can it help? Where do I begin?
– I am in Mississippi, is there any one local that can help?
Look on the first page of your deed of trust for the following information:
Original date of purchase?
Who was the original lender on the loan?
Who was the Trustee?
Who is the nominee for the lender?
Who is the beneficiary ?
Have you received a notice of default?
Is there a scheduled Trustees Sale?
Have you received a 3 day notice?
Have you received an Unlawful Detainer?
What was the date of your Bankruptcy?
The very first thing I would do would be to go to your county recorders office and get copies of all of the documents under your name, nick names, spouses name, and the original lender’s name. Save yourself a few bucks and do not get certified documents. You may need them in the future if you want to stay in the fight and I suggest that you do.
Write back to me at baldandrusty@gmail.com and put Michael in Mississippi in the subject line.
Rusty
Liz
April 13, 2012 at 3:45 PM
I am in the same boat, was recently hit with a foreclosure complaint, and filed the answer with the affirmative defenses and a motion to dismiss.
I agree with Rusty that you need to fight back. You just have nothing to loose if you keep a good fight for the right cause. Keep singing these famous lines from the Man of La Mancha and make yourself stronger, read cases similar to yours on , read and learn, read and learn. And of course, deny everything.
Good luck.
Issues with Wells Fargo’s tactics to force elderly Mother (76) in what appears to be late payments and rushed proceedings to foreclose. The issue at hand appears to be they have denied receiving payments that she has bank veriftication that payments were made. She has always paid no less than $75 over monthly mortgage fee that she was under the assumption was being applied to principle. Once she spoke with me I suggested she go through her bank ledger then speak with an account rep.
Mysteriously when the account rep from Wells Fargo called to up the pressure, Mother informed them that she had records showing where payments were received. They told her they were proceeding with foreclosure hearing and she could dispute issues at that time. She goes to hearing and it was cancelled with no reason given nor date reassignment.
My suggestion to Mother was find a lawyer, move find another lender to to take loan. Is there anything additional she can do as their reps are very abrasive. She has been greatly distressed and probably would have accepted their allegations of her mortgage being grossly in arrears had she not spoke with me.
We just found out our mortgage is signed by a Youda Crain and a Srbul Muradyan, with a Rene Rosales all name show up as Robo Signature. We are dealing with Bank of America. If anyone else has these names please send me a copy of the signatures and I will do the same. Also What is our next step we have a court hearing coming up in May. Any help would be greatly appricated.
Dear friends, many thank from me.
Thank you for massege boards. l say that l need funds from you now.
lam camper, promblems fancing me now is funds only.
Thank you for support me now.
Bereko from Tanzania.
This advice all sounds good, but without an AUDIT or an ATTORNEY, you will be outwitted and have your complaint whittled to a ‘nub’ before you ever get to trial and/or will go trial WITHOUT critical evidence. I have been through several attorneys and auditors who were ‘worthless’. If you’re in California, call Atty Jason Estavillo (510-982-3001) for Auditor Lawrence Asuncion (650-355-8873). These are the only ‘2’ I have found that have experience and credentials. Going to trial WITHOUT these folks will ensure you LOSE your house. If you call, tell ’em Chris sent ya (PS: I am NOT being paid to tell you this; they are just ‘good’…!!!) I am using them in ‘3’ cases now and we are ‘winning’….
A) Look it up in your states Rules of Civil Procedure, or Appellate Procedure, depending what court you are in.
B) In most states ThomsonWest and/or Lexus publish detailed annotated guides to the Rules of Civil Procedure. Most lawyers have them and most lawyers pay the subscription for the current years book.
If you have a pet attorny, butter them up and see if you can get their PRIOR editions of the book(s). While they may not be stamped 2012 the law, for most things, does not change much year to year, and the fundamental principles explained in the books stay mostly intact.
You did good, you found a lawyer to help you. Now do better and find one who knows civil procedure and specializes in foreclosure defense.
My house was in foreclosure for 2 1/2 years. I have been going back and fourth with the bank asking them to prove that they were the party of interest on my note and to prove it. To make a long story short I had a sell date of 10/12/11 and the sale was cancelled. I didn’t hear anything for months so went to the county and saw that they filed a Rescission Notice of Default and Election to sell Under Deed of Trust. So my question is now what do I do?
No idea, but it is STRONGLY SUGGESTED that people say what CITY and STATE you are in when posting a question. The law and local resources will vary from location to location. The law varies from State to State, and resources for defending a foreclosure vary depending on where you live. In small states a good lawyer or legal aid may cover most of the state, in larger states it is common for legal practice to be localized.
Good massege From Rev andrew john shebiw. Now now l say that my friends why up to now it is not support me funds what your prombems? l say from now l need now funds from you because my life le very denger now.
please please support me now
my Account no is 5751110117.
Account Name is Andrew john Shebiw.
Swift code EXTNTZTZ.
Bank Namr is Rxim Bank in Tanga Branch in Tanzania.
1. My loan was an A-paper loan with B of A but they sold servicing to SPS
2. I live in CA where FC is very quick and SPS referred my loan to an attorney for FC on 3/28/11
3. I’ve read on msg boards that SPS screws people over re: mods all the time by setting them up on “trial” payment plans then decline them at a later date even though SPS knows right up front that you wouldn’t qualify for a mod on the trial terms. I spoke to SPS yesterday and they set me up on a PITI trial at $3025 but I’m in an interest only at 2.5% with a payment of $2200 plus taxes $650 and insurance $104. How can the “trial” payment be realistic because the proposed P&I payment would be the same as my interest payment now?
4. The investor on my loan is US Bank. I know the pool is modifiable because I had a non-HAMP mod in early 2010. My loan won’t fit HAMP guidelines because the principal exceeds HAMP rules.
5. I think I might qualify for an FHA negative equity refi but I’ve heard my investor very likely isn’t participating because they have nothing to gain due to the fact the loan was A-paper
I am filing a Motion for Reconsideration regarding the Judge’s initial denial my question regarding standing of the evil bank 🙂 I am not sure what points to make because the judge seems really overwhelmed with the issues I have brought up. I am in New Mexico and we are way behind most of you.
The issues I have regarding standing are (1) my loan has been securitized, (2) there are several breaks in the chain of title such as there being no documented movement of my note and mortgage assignment from my initial lender to the FDIC as a ‘trustee’ as noted on . . . . wait for it . . . (3) the robosigned assignment of mortgage where all 3 sigs are robosigned. Another point would be the issue of Jurisdiciton Diversity but the judge is not allowing that either and I was informed that most likely because I was served initially about 10 months ago, it is very unlikely I can have my case moved to a federal court anyway.
Gari, You’re behind the ‘8 ball’ as a ProSe litigant in court. Judges ‘roll their eyes’ when they see one coming and would rather deal with attorneys. When you plead ‘show me the (securitized) note’, the court says ‘we’ll show you the door’. Just the way it is…. You MUST have a strong attorney OR an expert witness who can give you CREDENTIALS in the courtroom. Without these, you’ll lose…. [ASK me how i KNOW] I am using ‘Lawrence Axuncion’ for my securitziation audit AND he can testify in court [if needed]. This is PRICELESS as most of these type folks will only work WITH an attorney. Give him a call: (650) 355-8873. (I know he HAS helped win house FREE & CLEAR; albeit no-one can guarantee that) If he CANNOT help you, he may be able to refer you to someone in your area. (PS: I am NOT being paid to tell you this. He is just GOOD at what he does..!!!) Tell him Kris sent ya…
Gari
April 5, 2012 at 12:50 PM
Goi – I totally get what you are saying except that I am one of those on the fence – my house is worth so little ($135k +/- $15,000) that I fall into that group of folks who really cannot afford an attorney. It just breaks my heart how many folks are in my situation and have no idea how to fight, much less money to afford an attorney. I sat in court two weeks ago and watch poor person after poor person have their homes taken away and just begged for mercy which got them nothing but a synpathetic nod from the judge. What a system it is. Thank you for the number as I am willing to be open but am still paying off my attorney regarding my custody battle this year which though I was ‘right’ and i ‘won’ cost me dearly in more ways than one.
I deeply appreciate you response here and promise to consider it.
gari
Gari
April 5, 2012 at 1:01 PM
p.s. The Plaintiff’s Attorney did waive around something during the hearing that he said was the original title but he did not hand it to me to view. How can he have that if my note was securitized?
(The Mortgage Assignment from the ‘trustee’ FDIC to plaintiff has a pooling number as well as an investor number so it seems that it truly has been securitized)
gari
Gari
April 6, 2012 at 8:13 PM
goi,
i just spoke with lawrence and he was very helpful but can you give him a jingle and confirm that you referred me? you can also contact me directly at 505-750-2151 or my email if that is helpful.
Just be aware that under your states Rules of Civil Procedure, you may only have a few days for a motion for reconsideration and a few more if appealing the order. Depending on what court you are in, and what rules of Procedure apply it could be 10 days or 15 days for reconsideration and up to 30 days for an interim appeal of a non-final order – but be warned, local rules apply and the deadlines tend to be hard. Your state deadlines are probably diffrent than mine.
Gari
April 6, 2012 at 7:07 PM
I filed it yesterday and that was 10 days from the date of the hearing. I had an attorney look it up for me but even he wasn’t sure so he said 10 days would be best. How can this be so complicated that an attorney isn’t even sure of the procedures?!?!
This may not be the place to ask but I have a mortgage with BOA, originally a Countrywide loan that is in trouble. I have a first and a second balloon and the balloon is due May 1st and no one will refinance me on it for 22k. I am current on my payments and have a good job to pay it but it is a second home for me as it was my original family home. BOA has a program???? Any ideas?
Need advice!! I am currently selling my house in Texas and am relocating to Orlando, Florida. After my sale, I will have just over 100,000 in equity to purchase a new home. I have heard so many horror stories about the Florida housing market but the houses still look relatively cheap. Reports say another housing market crash is coming so ldont know if I should wait to buy and rent for now? Any advice would be helpful
I have searched the records and have found that the lender I am paying my mortgage to has not recorded the assignment when the original lender sold the loans to them. I am told that in Florida that means I qualify for the lender to be stricken and a quiet title action taken. I have called several real estate attorneys in the St. Augustine area today and no one has called me back. I would like to have an attorney nearby – do you have anyone in your group that can help me? My home is in St. Johns County. I own my own business and times have been very hard – I can’t afford an expensive attorney. Thanks.
Hey, does anyone know any good document examiners in the Ohio area. I really need to get one to examine the note presented in my case. I fso post it on here and I will contact you. Many blessing to everyone fighting these crooks.
You need a sworn securitization affidavit as well.Please contact me if I may be of help.propertyrightslawgrp,com. The bank will surely have one, you must also!
Does anyone on here know what the status is with the Marshall Watson office in FL and the Fannie Mae investigation? He is handling the sale of a foreclosure (former bank president that defrauded consumers was orginal owner) in FL that we bid and were succesful on, only to have him later say that he got a better offer AFTER it went off the market…… Something is shadey about this guy,
Fighting in Florida,
I had a securitization and title search analysis done on my foreclosure about two years ago for about $1,000 and it is sitting on the shelve collecting dust because at the time an affidavit(another $750) was not offered or included. I still cannot get an overpayment of $380 back from them.
I have since join this group, http://www.afnetwork.org that has an in house person that is able to do securitization searchs with an affidavit attached for around $750. Some companies searches are done for that price or more but, the important part is to get an affidavit included.
Florida has a lot of good attorneys and foreclosure advocacy groups. N.J. is the pits when it comes to advocacy groups and attorneys and that is why our group is going to change that around. We have members from several different states and we communicate with each other thru emails, teleconferences(audio) and soon teleconferences with video and audio which are free to members. Our group is ready to help anyone and we wish you the best.
Macy….We do the sworn affidavit and then consult with your attorney and advise him what the strategy should be. We have done this in many states, Florida included. We advise him on the winning strategies that we use that has enabled us to not lose one house.
fighting in florida. try whatliesinyourmortgage.com they have a team of auditors who do thorough securitization audits including bloomberg and will break the payments up over 3 periods and is one of the most reasonable out there. also check out gingolaw.com I hear that firm and Stopa are 2 of the better ones in Florida for foreclosure defense.
We have done a lot in Florida. We were on the Citizen Warriors radio show July 9 and Aug12 (link on our site) speaking as experts in the field from a legal and analytical perspective on securitization,. We do not just report facts, but build a defense. You must have a good case because if they could have taken the house, they would have. Please check out our site propertyrightslawgrp.com
We do sworn affidavits analyzing the chain, securitization and building the evidence getting ready for a suit for quiet title and coach your attorney,if you are not one of our clients.
We have been fighting since 2006 in the courts. We have not completed a securitization process yet. Who normally does these? Has anyone had one done? What are the approximate cost to have this completed?
Macy, 99.9% are wrongful(fraudulent) foreclosure. What is it that you’re looking for ? Are you in foreclosure ? What state ? There’s plenty of help available on the websites, just state a starting point and the rest of the info will follow. If no response, try our group at http://www.afnetwork.org. click on membership@afnetwork.org for initial contact and email Ari or John. You don’t have to signup for membership for contact.
We had a Mortgage with RCB Bank and then they gave the servicing rights to Suntrust Mortgage and now Fannie Mae claims to be the owner of the Note, but SunTrust Mortgage name is on the NOTE. If Fannie Mae owned the NOTE would Fannie Maes name be on the note and which trust out mortgage was in? Fannie Mae has sent us letters stating they are the owner, but all the documents we have says Suntrust Mortgage is the owner. What happened to a chain of title?
The chain was broken. It was sold several times.We see this all the time in our affidavits. You have a good case for quiet Title and I can give a sworn affidavit once I examine the facts. You are paying the wrong party and to do so will not satisfy the debt. You need to fight this in court. We do this daily. Please contact me. We can work with your atty and tell him how to use the affidavit and strategize for court. Propertyrightslawgrp.com
Scotty Simpson, this is a great website that offers a lot of good info for you, your family and your case. Whether you plan to fight your case as Pro Se or with an attorney, the decision is yours. Fighting the foreclosure is your first positive step and this website offers plenty of good advice. I’m also in foreclosure and also a member of Anti Foreclosure Network, http://www.afnetwork.org, and we have weekly teleconferences and monthly meetings, and a person that provides securitizations searches with affidavits attached. We’re working on teleconferences(video & audio) for out of state members, free, If we can help, contact Ari of John thru the director membership email. You don’t have to sign up to just contact them, it’s just an email.
Gio, we have a foreclosure advocacy group in New Jersey that has members from several different states. Within the group, we have a person that does securitization searches with an affidavit attached. If interested, you may contact Ari or John thru http://www.afnetwork.org. You have to (for now)click on the membership director to send an email and they will answer you right away. You don’t have to sign-up as a member. I believe you stated that you’re an attorney.
Richard
March 30, 2012 at 11:05 AM
Eugene, I need help. I have been successful pro se in getting my foreclosure case dismissed in Florida due to lack of prosecution against Countrywide/BofA. It was without prejudice and has recently been “transferred” to ING for servicing. I need to quiet title and get a competent lawyer to help. Please advise.
Also i would recommend u first find out if the company foreclosing is the real lien or note holder and named on the mortgage or assigns cause alot of banks are offering loan mods and asking for a copy of ur paperwork cause they dont have one and then when they get urs now they do./
That is exactly right…we attack STANDING in court and through our affidavits…NO client of ours has lost a house yet. Do not fight for modification or delays. We never say you do not owe money, but rather not to those CLAIMING you do….Citizens Warrior radio shows from July 9 and Aug 13 we speak of this and securitization.
It all depends on whos foreclosing on u in my case the lender that foreclosed wasnt the lender on record so it was dismissed. But i do know that chase was awarded wamu in jan 08,so u can go from there also u said that the loan was sold from chase is the new company forclosing or is chase cause if chase it then they have to prove the c ompany that bought the loan asssigned the rights back to them to foreclose or else u can argue the company foreclosing isnt the holder of the note or mortagage
Hi everyone,
I am fighting a foreclosure in NY since May 2010 and I am trying to settle.
My original mortgage was with City Then was sold to WaMu. Then after FDIC, Chase took over
and started the foreclosure proceedings with the law firm Lee Anav Chunk LLP ( lawyer Michael M. Yi)
Then on November 2010 Chase sold the mortgage to SBC ( Dan Herschberg- United Servicing).
Recently I went through MERS-Fannie Mae and Freddie Mac and there is no other party involved. But
in the city register I found through ACRIS that only the assignment from City to WaMu is recorded. After WaMu
the other assignments aren’t recorded. What is my next step?
Please do not settle for a modification, or delays…check out our radio shows that Citizen Warriors were gracious enough to allow us to speak on the importance of securitization and sworn affidavits. We want to help.
The NY courts are requiring an affidavit from the foreclosing parties that they have a valid right to foreclose (lay man’s terminology for what they have to file in your state). Make sure to dispute any such document that the opposition files since the assignments are not on record.
You need to check the NY laws on whether all the assignments HAVE to be FILED before filing the foreclosure in your state.
If they have to be filed, the foreclosure should be tossed out of court, requiring a complete ‘do-over’. (Of course plenty of cases that should have ‘do-overs’ never do because the documents do not exist.)
If they can just present them to the court, you will need any such documents examined. And, like Teri already commented, you need a securitization audit, tracking any assignments that can be found for your loan.
I do securitization/fraud SWORN AFFIDAVITS…audits are considered hearsay and usually not admissible. I give sworn expert testimony through affidavits. It is your ONLY defense to WIN. THEY come in with an AFFIDAVIT,,,you must also…..Listen to Citizen Warrior July 29 and Aug 13 shows to hear us speak on this subject and securitization.
Mike Manos,
You are getting a lot of good positive help here and I just to add our group’s help, also. We now have a person in our group that does securitization search for about $750.00 with an affidavit. Our group is based in New Jersey and we also have members from N.Y., Washington, Ca., New Mexico. We have teleconference calls on Thursday at 8:00p.m.,EST and monthly meetings. If you would like to check out the website and talk to Ari or John, they would be more than happy to help you. You don’t have to join to just talk to them. Our website is afnetwork.org and to contact Ari or John go to membership@afnetwork.org. We are all homeowners fighting foreclosures.
I am not an expert!!!!!
If you are dealing with a paper copy …. I am not sure you could
If you are dealing with a electronic copy ….. I’m pretty sure you can
If electronic load into a photo editor and magnify til the picture is pixelated ….. a bunch of colored squares
study the area of suspicion and look for anomalies as compared to those parts of the document near the suspicious area
Best to get the best graphics artist or photo shop person you know check it out.
If you the $$ have a forgery expert check it out…… One who can testify in court
GOOD LUCK
thank you all the same adeara! hand in there. i have given up so many times and then came across something that did actually seem to help and remember the system is broken but slowly it is getting a bit better, especially if WE WORK TOGETHER. there is no way any of us can do this alone.
I am in CA and my loan refi was in 2006. MERS is listed as nominee, successor…the same describ. given the the NY 9th district court, but the Ca Sec. of State suspended MERS in 2002. Can they still puppet my foreclosure or name a member of there agency too foreclose for them? Is my loan void for them being on my loan and conducting business while being suspended?
Folks!!! I filed the below document (see link) today and for the first time in over 200 calls that I receive daily from my bank called within less than 10 minutes of my eFiling this with the courts and said they really want to help me and know that they can modify my loan! HA – right but anyway, my hearing is Monday at 9:00 am MST and the judge granted the hearing be on Plaintiff Standing rather than on Motion for Summary Judgment so keep please give me feedback if you can add anything that you think will help me in my hearing on Monday with the bank.
I filed a Notice of Taking Deposition Dcues Tecum for BOA robo signer Laurie Meder. She failed to appear at the designated date and time. BOA says they cannot determine if she is an employee of BOA or not. Anyone have anthing establishing Meder as a current employee of BOA. They’re getting really desperate here folks. It’s only a matter of time. I’ll keep everyone abreast of the situation. testatime@aol.com
I just noted that on my bank’s complaint, they cite 12 U.S.C. § 1823(e) and case law following the U.S. Supreme Court Case entitled D’Oench, Duhme to support their claim that they ‘enjoy’ holder in due course status whether or note it satisfies the requirements of the New Mexico UCC as such.
Does this guarantee the bank standing in state district court even though they have no corporate entity in the state of New Mexico? (BOKF is based out of Tulsa, OK according to FDIC and NO corporate entity status or even close in New Mexico).
Why can’t I file for a remand to move my case from state to federal court due to diversity of jurisdiction since the bank is not an entity in my state? if i can do this, and do it before my hearing on Monday, will this suspend that hearing in state court and/or move it to federal court?
Thank you!!!!! Heading to the law library now. Wish me luck. Will definitely share whatever I find with everyone – including the 1948 above re: estoppel and then related cases on plaintiff waving right as it might apply to them being in open to consideration of the modification request while simultaneously and covertly moving the foreclosure machine ahead.
What and where is the best place for me to post the cases for others to access? (It is against the law for me to do so)?
Gari, If not registered to do business in a state, there is one or two cases fairly new cases, I believe, in Arkansas. Don’t know the exact cases. hopefully someone can pinpoint it for you.
Thank you James! If I could afford council, believe me I would and yes – that does bring into question can I even afford to keep this house as it seems that I could just turn my mortgage payment over and I struggle with that. I am knee deep in attorney’s fees for my custody battle that though I won, at the onset I had to decide what was more important – keeping the house or keeping my kids safe.
So, here I am trying to save the house now and wanting to pay all I owe but the banks of course want it yesterday and I am no genie. I am trying to make it to the law school today to get copies of the relevant cases I need. Where can I post what I get in a way that best serves /is available to others?
Post on Scribd. Then put the link to the post in a comment here.
Best of luck!
gari
March 22, 2012 at 12:08 PM
Here is the language I had in my original Motion to Delay Hearing of Summary Judgment (and yes I did get some free direction). Let me know if you want any of this posted as well as I am not currently sure what is readily available for free online and what I will need to actually pull by hand yet from the UNM law library.
Plaintiff’s actions, by accepting the Defendant’s application for a modification could be viewed as a waiver of the foreclosure proceedings. The Plaintiff’s actions could also be viewed so as to create a situation where the Plaintiff should be equitably estopped from foreclosing on the property until the adequacy or accuracy of the modification program compliance could be shown. Finally, Plaintiff may be in breach of fiduciary duties owed to the Defendant, precluding summary judgment at this time.
‘Waiver’ is the intentional abandonment or relinquishment of a known right. An intention to waive a right is ordinarily a question of fact. Chavez v. Gomez, 77 N.M. 341, 423 P.2d 31 (1967). In the present matter, the Plaintiff agreed to allow Defendant to apply for a loan modification.
‘Estoppel’ is the preclusion, by acts or conduct, from asserting a right which might otherwise have existed, to the detriment and prejudice of another, who, in reliance on such acts and conduct, has acted thereon. Miller v. Phoenix Assur. Co., Limited, of London, 52 N.M. 68, 191 P.2d 993 (1948). New Mexico case law requires some showing of reliance on the part of the other party, in this case, St. Paul, before estoppel is applied against the party making a claim. See Design Professionals Ins. Companies, Inc. v. St. Paul Fire & Marine Ins. Co., 1997-NMCA-049, 123 N.M. 398, 403, 940 P.2d 1193, 1198. In this case, Defendant absolutely relied upon Plaintiff to fairly and accurately perform the modification of her loan. Plaintiff is in the business of home loans. Defendant is not. Plaintiff was under a duty to fairly and accurately perform the modification process.
T
gari
March 22, 2012 at 12:10 PM
got it and will post on Scribed and put link here!
Has anyone had luck with the Estoppel regarding the bank suggesting and then granting a review for modification while simultaneously (and somewhat covertly) moving forward with foreclosure? here is a case that was shared with me: Miller v. Phoenix Assur. Co., Limited, of London, 52 N.M. 68, 191P.2d 993 (1948). I am located in New Mexico.
Also, does anyone have knowledge about jurisdiction regarding the bank suing in a state court but not being recognized by the state as an entity (corporate entity)?
With regard to bringing an action in state court – state laws vary – In Florida an out of state corporation can be forced to place a non-resident cost bond before proceeding. In general, the body of the complaint should state who the Plaintiff is, xyz cop. incorporated in abc state. This is an issue of capacity to sue, and would be clanged by a lawyer at the outset of the case. Often a failure to correctly challenge capacity at the start of an action will waive the issue. That is why you need competent foreclosure counsel.
The estoppel argument is an interesting one. I could not find the text of the case you cited on line. If you have it and it is relevant to foreclosure in the state of NM then I suggest you post the text online somewhere: For if it helps you it helps others. Also if a good NM attorny then uses it successfully in a foreclosure case your chances of prevailing on the same issue with the same case law increase, especially if before the same judge.
Yes I did an qwr and I got the contact log and the payment history. The don’t have payment history before 1994, I saw were the contacted Fidelity Default Services on the contact log. I guess anyone can file a copy of a doc in Ohio because we have contested the this and the magistrate has ruled that they it is a copy of a bearer note and I guess good enough for him. It is not a certified copy the copies of the note I pulled from the Clerk of Courts office are certified copies and there are no endoresements on these note. Yes we plan to subpoena the person who suppose to have signed the doc a MARTIN J. WIESS VICE PRESIDENT OF PROVIDENT BANK. Yes, we tried to depose the custodian and still are fighting for that even though she signed an affidavit in the case. We believe she does not exist or does not work for the bank. They have been fighting hard not to let us depose her. (Teresa S. Clopp). In an copy of a note is good enough to foreclose even when challenge. Attorney is fighting but is learning like I am. We are about to file more motions.
EVEN AFTER
ASTORIA FEDERAL S AND L ADMITTED IN nysc THAT THEY NEVER OWNED MY TWO nyc cONDOS WHEN THEIR PREVIOUS CORRUPT DEBT COLLECTOR ATTORNEYS MULLOOLY, JEFFREY ROONEY & FLYNN AUCTIONED THEM OFF, frank malone of Fidelity Title and his partner in crime David K Fiveson of a sham company he calls CORONET Title paid a bribe to Judge Alice Schlesinger to remain in possession of my properties with FORGED DEEDS they insured.
did you do qwr’s, debt validations, etc? whose endorsement signature is in question? what are the civil procedures regarding foreclosure and having the notes filed along with the foreclosure action- do they have to be original or certified copy? anyone can go out and make a copy of something- what are the rules regarding verification of submitted documents? have you looked into an audit? who is the custodian of your note and mortgage? I will keep back to you when i have been able to look at your case. it sounds to me that they have committed so many violations- i hope your attorney is being a fighter in your best interest. is there any assignment? if your note was securitized all of these docs would have had to be in the trust by the closing date which is one of the reasson why an audit is so important. does your attorney plan to subpoena who ever signed that endorsement? have you considered trust violations?
sorry for all the questions but these are some of the things you should be asking your attorney and it would help everyone here as well to have the answers. : )
Macy,
Do you do audits? If so, how can I reach you? I am interested in starting a quiet title action and believe I have most of those items in my file.
I am in Maryland.
Thanks for any help or information to point me in the right direction.
Oh, it is not an certified copy just a copy they filed with the complaint. Note was supposedly endorsed in 1993 however, I had foreclosure cases in 1993 and 1997 that were dismissed. When I pulled the copy of the complaint with the copy of the note there was no endorsement on these note from 1993. We are still trying to get a look at the supposed original doc.
No I have not had an doc. examiner exmane it the note yet because the bank has refused to let my lawyer see the document. I know the endorsemnt is fake because I pull a copy of the foreclosure cases I had in 1996 and 1997 and the no endorsement on the notes filed in each case and the bank is claiming the note was endorsed in 1993. We plan to have an doc examiner look at the note as soon as the bank will let us see the actual document. Two year of discovery and they still have not produced the document.
FightinginOhio- tried to follow your link but once I got to the site I wasn’t sure where to go from there. There was one search engine but it required name, etc. is there a link I should click once I am on the site link you provided to enter your case #?
Hey everyone. First I want to thank Lisa Epstien for this site and foreclosurehamlet. I have been fighting a foreclosure case in Montgomery County, Ohio for two years now. Case # 2010cv05946. You can pull the case up on this link. http://www.clerk.co.montgomery.oh.us/legal/records.cfm. I have been fighting a good battle against these crooks. The bank has used every trick they can believe me. But the reason I am so upset now is that the magistrate in my case has been doing everything in his power to help the bank. I just found out the judge in my case is out with terminal cancer so the magistrate has been pulling all the strings. I have filed many motions and now have hired an attorney who seems to know little more than I do, however we have proven the bank is not the holde/owner or the note. Now the bank has admitted they are servicers of the note after 2 years and the magistrate still refuse to dismiss this fraud the bank is trying to pull off. The have robbed me of $6400 with a fake modification/ mediation process now are trying to take my home with a fake endorsement on a copy of a note. WOW!!! I would be in jail by now. Anyway you guy can look at any motion I have filed and use them to your advantage. I am still fighting so their will be more. KEEP UP THE GOOD FIGHT!!!
Is it a certified true copy? how do you know that it is a fake endorsement? did you have a certified doc. examiner examine it and give you affidavits to the fact? If it is a fake endorsement be it a certified copy or not- and you can prove forgery- then the servicer and possibly even the opposing counsel who may have deemed themselves to be a debt collector- wouldn’t they have committed mail fraud? fraud upon the court and public record? have you had a securitization audit done?
FYI the banks are already introducing documents and affidavits giving the authority to others to use the stamps of michele sjolander and the judges are buyng it Unfortunately they ignore or nap when up on the bench and favor the banks bank rolling their future I had several variations of laurie meder and michele sjolanders signatures and a lawyer that knows her stuff and we still lost and now the journey ends and Im moving on so I wont have to endure this pain of not knowing where my family will go,I now have a plan and Im moving on and keeping my family safe from harms way
Deep down I knew that this was going to happen and its happening now and Im glad its over good luck
adeara: I read ‘number 5’ and don’t understand what your argument is with this code section. U must put it into intelligible argumentative format (ie: pleading) that LEADS the judge to a decision…. If this is difficult to you; GET AN ATTORNEY…. I use Jason: 510 982 3001. He is GOOD if you are in California…. He may offer a referral. my experience is good attorney will refer other good ones….. Tell Em Kris sent ya……. Also; GET and AUDIT from a compentent auditor…. THIS is a CRITICAL document leading up to litigation….
gari, You’re talking about a transfer of a deed (or note). Examining the docs for proper sigs, stamps and dates is important. GET AN AUDIT. (I suggest Lawrence IF you’re in California) 650 355 8873 (Tell Em Kris sent ya…)
He can also help you with attorneys AND understanding WHAT docs can HELP your case….
These steps are IMPORTANT before the bank attorney motions to EXCLUDE your findings…
what exactly am i looking for when the note and assignment of mortgage have changed hands legally?
all my bank’s attorney is providing so far is the
(1) Assignment of Mortgage from Legacy Mortgage, LLC and myself to Charter Bank (dated 10/29/2008)
(2) assignment of mortgage from Charter Bank to Bank of Oklahoma (6/272010) of which all three signatures on the latter are robosigners (Bryan Bly – Vice President, Vilma Castro, Asst. Secretary, and notary Christopher Jones).
(3) A copy of the note that has a stamp on the bottom that says ‘ORIGINAL’ (but we shall see)
And what is the difference between the bank that was assigned as the servicer of my loan (Bank of Albuquerque which no longer exists as it was taken over by Wells Fargo Bank National Association though prior was a holding of Bank of Oklahoma). My modification written exchanges are with Bank of Albuquerque but their responses vary back and forth from Bank of Albquerque letterhead and envelopes to Bank of Oklahoma though they both have the exact same mailing address in Tulsa, OK.
Two things I would do while working on the other stuff:
1.) Ckeck the county recorders office. Some have a printout of activity on your mortgage , follow thru
and check (my copies) each one.
2.) Check FannieMae, FreddieMac and MERS website to see if they are claiming ownership of
mortgage.
USDA CFR Title 7 1901.503 Definitions – (10) Insured note. Any promissory note or bond evidencing an insured loan regardless of whether it is held by FmHA or its successor agency under Public Law 103–354 in the insurance fund, by a private holder, or by FmHA or its successor agency under Public Law 103–354 as trustee.
hi adeara, thanx for the info above. i have been working on my case for most of the last 14 hours so my head is spinning – can you help me to get the gist of number 5, 1 (i)? i just don’t know what that means at all for us?
Yes, I do have the bank in writing saying they don’t have the note. I want to ask if anyone knows of the admission by One West Bank that they had lost over have of the notes when they took over Indymac?
Good to hear from ya: I could take ‘hours’ explaining my experiences with bogus realtors, self proclaimed expert witnesses, so-called forensic auditors and dozens of attorneys who claim to ‘make the banks cry’ while they try to be a ‘dining room table lawyer’. Most attorneys won’t even take foreclosure cases because the homeowner cannot afford to pay them AND they don’t want a reputation “defending deadbeats” (I’m sure there are many other reasons). , I prevailed in ‘1’ house and have if FREE & CLEAR. My only ‘loss’ was a ProSe (self represented); [got ‘out motioned’ by bank] Calif is the TOUGHEST for the homeowner.! READ THIS: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/18/MNMD1NGUO6.DTL I am defending ‘9’ houses; used 4 attys; 3 auditors & bought (& ret’d) many ‘Do It Yourself’ foreclosure defense courses. ALL of these were junk. DO NOT go into court ProSe against a well financed and experienced bank attorney. You will LOSE. Hire your own ‘competent atty’; get a good auditor who has an ‘expert witness’ in their pocket. The one’s that REALLY GET IT are: Atty JASON ESTAVILLO [510-982-3001] and auditor LAWRENCE ASUNCION [650-355-8873]. All others I’ve used were ‘worthless’ (but took my $$ anyway). With these guys the bank will negotiate when they see the strength of your LEGAL TEAM, specific AUDIT, expert witness and CASE documents..! BTW: I am NOT being paid to endorse these guys. They are just GOOD…!!! (Tell Em: Kris in ‘Cally’ sent you…) Winning a house FREE & CLEAR is a LongShot. The goal is to get the bank to negotiate principal reduction, reduced rate, longer terms or cash for keys. The Pre-Emptive legal Steps you take BEFORE foreclosure starts and the motions made during discovery will determine the outcome. I’ve been through enough trials to know this. Our paralegal has TONS of data on MERS and securitizatoin. Email me if you want to know more about the resources I found and — USE….
I do agree with you on certain points but a Pro Per Plaintiff will have more latitude in front of a judge when the Pro Per demands a trial by jury of his peers who most likely will sympathize with the normal guy being beaten up by the big bad wolf, The key is to not let a biased Judge decide,
Just my thoughts.
Goi, I NEED that info can you contact me. Anyone with a Successful Lis Pendent or Quite Title Action? I am in NEED of them to use as a sample. I am in Pasadena Ca and is willing to drive to view it. mrsbianchi@sbcglobal.net
RUSTY
March 20, 2012 at 1:12 PM
I will send them via email. There about 2 mb each. Keep in mind I am not successful yet I can just supply you with my wording… Rusty
Does anyone have a victory in CA for a Wrongful retainer and a Quick Claim Deed that I can use for a sample? I NEED to complete my docs and get it filed tomorrow before anything they serve me right? I promise not to invade any ones private info. In return I will share some great info I forgot I had. I feel it may help out in the end phase of us all kicking the crooks in the ass.
can you share this? if you need my email, just let me know! thx 🙂 i am scrambling to get ready for court, raise two school age children alone, and work about 5 jobs and court is Monday. 🙂 gari
We spoke to the Attorney that is on the Gomez case today and mailed our docs to him, but I don’t want to follow the buffalo’s running off the cliff. I feel that the UCC and the Common Law is where the Justice might come in to play.
I agree but still collect as much evidence as possible w/o focusing only on “note” and “free house” trap they try to pull. Few years now but I stopped sale and then had sale rescinded mostly on basis of complaints to agencies and having my case be given higher priority by lender. Along with what you’re doing make a strong complaint to servicer if you were in negotiations and send to Comptroller, Fed consumer bureau and local officials. You can also make a demand letter to trustee to rescind sale possibly using bad account #’s as basis.
Just went to the recorders office to file BK and was stopped in my traces when I found they sold the property back to themselves. I called them an asked them about the 9 digit loan number on the deed of trust yet they didn’t know anything about the loan number and told me the number has never been nor do they know to whom the number belong. I gave them the 10 digit loan number we were paying on and they pulled up info on our property, yet they foreclosed under the 9 digit loan number that is on the deed of trust. I recorded the conversation with the Supervisor and he stated “I don’t know what to tell you”
I am so agree with these crooks. Any more advise on strategic moves to buy time? Also does anyone know how to use a Commercial lien against them? We had one filed last year against them and the property but my help can’t really tell me how to use it at this time.
I wish I could save everybody but obviously I cant. What I can do though and anybody else looking for answers is send you my court documents and the order in which you should file motions and lawsuits. Have you been served with the Unlawful Detainer yet?
email me the dates of the following: Notice of default, Trustees Sale, Substitution of Trustee and the Unlawful Detainer court date.
Let it be known that I am not an attorney by any means, I’m just sharing my personal un-redacted information.
Best wishes to your family, rusty.can@verizon.net
If you don’t get a response, go to http://www.afnetwork.org and click on the membership email icon( you don’t have to register) and send an email to Ari and he may be able to help you or will know someone who will. Name your state. This guy is good.
In November of 2011, I started the process for a traditional short sale. Like so many other Americans I was laid off from my job and have had a hard time securing employment. It has been almost two years. My property is in California and I live in New York City. I knew I was going to run into a problem and had contacted the bank a year ahead of time but was continually told that I had to be 90 days behind on my payments before they would consider helping me. So I continued to run through my savings and pay the mortgage until September of 2011.
Like I said I started the short sale process in November. A week ago (March 10, 2012) I was told that the bank was doing the wrong short sale. Instead of doing a traditional short sale they were conducting a HAFA short sale, for which I am not eligible. They told me I would need to start the process over again. But since January of 2012, they have also been working on foreclosing on the property.
They ordered someone to break into my home, steal the appliances, and empty the pool. They have tried to make it seem like my agent or myself had not been communicating with them but we have been on top of everything, every step of the way. I have written to the CEO’s office from Bank of America and someone did contact me but they never told me that they were working on a foreclosure but that they wanted me to start the process of the short sale over again.
I’m at my wits end with them and I’m not sure what else I can do. I understand if you fall behind on your mortgage they bank will need to either conduct a short sale or foreclose on the property. But I’ve never heard of them doing both at the same time. Is this common practice? Is there an agency I can speak to that can help me, other than hiring a lawyer (which I cannot afford)?
I feel that I have done everything that they’ve asked and yet I find myself in this predicament. I’m frustrated!
am very interested in speaking with you. Are the defendant in Northern CA who was successful in the Unlawful Detainer action? My email is is rusty.can@verizon.net in case it doesn’t show up. Thanks for contacting me.
I have a stamped endorsement by Laurie Meder that appears so disingenuous that the court characterized it a “a copy and paste job. ” The signature was so small as to be hardly legible. If anyone wants a copy of has a similar stamped endorsement, please contact Joe @ testatime@aol.com. I hope to depose Laurie next week.
WRONG ! WRONG ! WRONG ! WRONG ! WRONG! WRONG !
The judges were wrong, the courts were wrong, the regulators were wrong the politicians were wrong, and now the government is wrong. It would be wrong for us to just give in. We have just started .
I have never been on your site before. I was brought here by Yahweh to see the info that is posted on here thus far and I want to THANK YOU ALL for being so honest and giving of the issues because many of the ? I had as well. My home was sold back to the back this last pass friday, but nothing has been recorded in LA cty Rec’s yet. I JUST found that the notary “Stacey F. Jones was witness and a part in fraud by allowing the agents of these banks to ROBO sign on the NOD, SUD. OF TRUSTEE, ASS. OF DEED OF TRUST, AND THE NOS. I mailed them 2 qwr’s and they refuse to send the info I request, but they did state that they “didn’t have the note for my home, but they don’t need it to sell my home.” Lastly, the loan # on the Trust and the loan # I was paying on is different and Indy or Deutsche, or the title company know why or where the number comes from. They all deny ownership of the loan # on the Trust yet they auctioned my house off to themselves for $200 least than what’s owed. Please suggest what to do RIGHT NOW to protect my family from being evicted and to regain a deed ?
If you are in Los Angeles, CA, File a Chapter 13 or maybe a Chapter 7 Bankrutcy BEFORE the documents from the sale are filed with the county recorder’s office. If you can’t find an attorney to get it filed on Monday morning, then get busy filing the ‘skeletal’ contents of a BK right away on Monday morning. The documents you need can be found online.
Print the forms out. You do not have to file all the schedules, or the PLAN, when you do the initial filing. You DO need to work up your list of creditors. You need to list your house and there are columns for indicating the debt is disputed, etc. I think there may be 3 different columns that you can check of that indicate a disputed debt, etc. In fact, you may want to list the house on the “UNSECURED DEBT” schedule because with the securitization, frequently the debt is no longer really secured by the house, regardless of the foreclosure occurring. From the sounds of it, your case is likely to fit this.
GET GOING WITH THAT FILING. Look up the Salizar case heard by Margaret M Mann in Southern District BK Court in CA.
You will need to pay $15 for a certificate of financial counseling as part of the package. I’ll try to put the link in here for the cheapest place I know of to get it. (I do not get any payment for this, it is not my link.) http://www.ypside.com
If you do not have the full filing fee available tomorrow, you can split the fee into two payments. There is another form for that. Ask the clerks at the BK court case submission window for the form if you can’t find it. You will need to bring cash for the filing fee.
DO NOT DELAY IN FILING. While you can not get the money back if you dismiss the case, getting the BK filed immediately will be you best chance of fighting to get your house back and, meanwhile the BK STAY will keep you from being evicted. If the opposition requests a lift of stay, You will need to get an objection filed. Also, you will be filing an adversarial case with the BK court.
Good Luck, GET GOING!
adeara
March 19, 2012 at 8:45 PM
Thanks for the help, but I was too late they sold it to themselves on 3/9 and files it on 3/15 with LA CTY. They funny thing is, if the Trustee is in Texas, signed in Texas, how did it get to and from and filed in 3 days? I mailed docs to the Recorder 3 months ago and they are still not filed. They said they are still being processed. The debt amount listed on the sale doc is $49K more than what the allege is owed. Should I do a Quite Title now? I am a mess today. Don’t want to be homeless with a 5 and 8 yr old.
Keep an eye on my progress. I am 4 months into it and 4 months ahead of you and still live on MY property. I an dealing with the same crooks you are. I will be posting my entire unredacted legal battle this week. I hope it will help many families in our situations .
g
March 19, 2012 at 11:18 AM
Rusty, When you say you are 4 months ahead, what do you mean as I am trying to keep track of people who are ahead of me. I have my hearing for summary judgment next Monday which I am trying to force the issue of lack of standing in and wonder how others have done with this. So far it seems like we the consumer are held to the letter of the law but not the banks. Interesting.
Also, has anyone heard of and/or tried to use The Doctrine of Unclean Hands? I found out about this on a website to assist those fighting foreclosure regarding robosigning and/or any issue that clouds the title (ie. MERS). I am pasting it down below and really need to see if there is any case law out there on this so far or any additional info folks have or can find.
I can only paste a little at a time so here is the first part:
The Doctrine of Unclean Hands provides: plaintiff’s misconduct in the matter before the court makes his hands “unclean” and he may not hold with them the pristine remedy of injunctive relief. The unclean hands rule requires that the Plaintiff not cheat, and behave fairly. The plaintiff must come into court with clean hands, and keep them clean, or he or she will be denied relief, regardless of the merits of the claim. Whether the doctrine applies is a question of fact.
Robo Signed Documents Are Intended for Use in Bankruptcy Court Matters. One majorly overlooked facet is the extremely active bankruptcy court proceedings, where, just as in judicial foreclosure states, the banks must prove “standing” to proceed with a foreclosure. If they are not signed by persons with the requisite knowledge, affidavits submitted in bankruptcy court proceedings such as objections to a plan and Relief from Stays are perjured. The documents in support are often falsified evidence. Conclusion
Verified eviction complaints, perjured motions for summary judgment, and all other eviction paperwork after robo signed non judicial foreclosures are illegal and void. The paperwork its
Keep an eye on my progress. I am 4 months into it and 4 months ahead of you and still live on MY property. I an dealing with the same crooks you are. I will be posting my entire unredacted legal battle this week. I hope it will help many families in our situations .
RUSTY
March 19, 2012 at 9:41 PM
g,
You are right on track with the Unclean Hands Doctrine. I researched that last week and it is great angle after a Quiet Title Action. The so-called lender Deutsche Bank has offered a settlement three times now. I did accept the settlement in the Unlawful Detainer because I knew I would lose anyway since we are in Non-Judicial State (CA). I simply settled for 60 days but since I filed my Quiet Title Action a week before the Unlawful Detainer judgement the Quiet Title Action is still on the docket. Now its the ex-parte tomorrow morning demanding a Temporary Restraining Order be placed on the Unlawful Detainer until my Quiet Title Action can be heard in the unlimited civil court. After the Quiet Title lawsuit is over I will be filing under the Unclean Hands Doctrine to sue again for punitive damages. Read this article taken from the attorneys website representing Deutsche Bank. You’ll see it is a solicitation to help the lenders fight the people who are demanding their Constitutional rights. http://www.mileslegal.com/docs/UTA-Article-Rich-Bauer.pdf
A decision recently was published, but I’m not sure which state, that held that a mortgage without the note is unenforceable. It had to do with being unable to ascertain material terms of the note with the mortgage alone. If you don’t know of this case and you need it, let me know and I’ll find it for you. Also, the often-cited Carpenter v Longan held that enforcing the mortgage without the note is a nullity. Google those two names and you will find the decision. The decision is very old but still relevant.
I hope you have it in writing or recording that they don’t have the note, but they don’t need it to sell your house. The UCC very CLEARLY states that the person entitled to enforce MUST be in possession of the instrument, and it defines its use of the word instrument as negotiable instrument. In the case of a lost note, the UCC requires the party claiming to be entitled to enforce the note to have been in possession of the instrument at the time it was lost. Thin air of nothingness is not a negotiable instrument a party can indorse and deliver.
If I were in your shoes, I would file a suit for wrongful foreclosure. Some are getting very high settlement amounts for wrongful foreclosure.
After a 3 year battle with the banks and MERS, I have come to the unbelievable reality that “NONE OF THIS MATTERS WHATSOEVER”….We are the educated group that is standing up to these crooks by taking them into the United States courts seeking justice because we have uncovered the fraudulent, robo signing illegal manner in which the banks and MERS are operating.!! It doesn’t matter….Truth is not the issue and just because you dug into the securitization and can “prove” the bank does not own your home in order to take it…it just doesn’t matter! The power of the Treasury has given orders to the FBI, the IRS, the District Attorney, the Attorney Generals, the OCC, the CFPB the COURTS & Judges and what other agencies were ever created to protect the American people from crooks to DO NOTHING!! Sit in any Courtroom in this country and watch your rights being abused. There is NO JUSTICE and no agency is doing anything but taking your Complaints and advising you to contacy HUD…or MAKING HOMES AFFORDABLE…I have sent all the above agencies the fraud, robo signing evedince and not one will do anything about it!!
With that said, I realize so many on this site are all helping one and other to go this way or go that way…none of it matters!! There is no Justice and there is no help to stop these crooks!
My suggestion is to cut a deal with the bank for a settlement…stop thinking millions, think thousands…take their money and get your lives back!! Something bad is happening and we don’t have the knowledge to stop it…so, get out of their ballpark, take whatever you can and start over…they have won…they have convinced the “powers” that they are too big to fail so we are falling instead. Live in your homes as long as you can and save those payments for yourselves.
My fight is finally over and I am moving forward as best as I can with the money I settled for. It’s not right but I truly believe…it is the only way out of our homeowners hell.
So I have a hearing on March 26th where the bank is asking for summary judgement and I am saying they do not have standing for the title was robosigned to them from my initial loan holder. I have an FHA loan but do not qualify for HAMP as they massage the numbers their way everytime AND they have no intention of reducing my interest rate or principal which is the only way I can afford to stay in the underwater very old home but I am a single mom so I am trying.
Ultimately I will probably lose with the robosigning thing though it might buy me some more time. I am now hearing about asking for a settlement and do not really know how to go about that or what my chances are. Can someone point me in the right direction here as to whether it is worth pursuing? I am 19 months behind now and my plan is if all else fails to just do bankruptcy right before the sale though the house is my only late/outstanding debt as I do not have credit card debt or anything of that nature.
Unfortunatly, when you contact any IRS, FBI, SHERIFF, OCC, DA, AG etc…all the entities we believe are the enforcers of the Rights we believed would protect us, they do nothing! None of them will do anything…What is happening is CRIMINAL (think Bernie Madoff) but the Justice Department is protecting the banks and MERS allowing them to steal homes they don’t own and the Judges are signing off on it!!
Try filing a criminal complaint…they won’t even take it or consider it!
It’s sad but true, we have been lied to our entire lives about the rights and freedoms of America…we are nothing but slaves and the only way to fight it is to join hands and refuse to pay taxes!! It cannot be done by a few, it must be done by all…that will make a difference, instead, we are receiving 1099 forms from the banks in order for the government to collect even more taxes from us…WE ARE IDIOT’S and we are fighting the wrong battle…
i have filed several Motions ie. ex-partes, TROs and demanded a trial by Jury in the Unlawful Detainer Case. I am now the plaintiff suing the service-r and the so-called lender in a Quiet Title Action here in CA. I am currently serving subpoenas on the robo-signers and notaries within my documents. After I get my property back in my name I will have already filed the (UCL) Unlawful Competition Lawsuit and receive the punitive damages that I am entitled to. I cannot stress enough that anyone in my situation read the UCC regulations. It will blow your mind! Also read the Trustees websites ie http://www.unitedtrustees.com/ and see what they are paranoid about you finding out…. I am a happy blue collar worker and a high school drop-out so don’t even think that I may be smarter than you. I have read more in the last 2 months than i have read my entire life. GET MAD and NEVER give up!!!!
adeara
March 19, 2012 at 12:50 PM
what sections of the UCC are you using, Who are the crooks you are fighting against,what court did you file in and where do you live here in Ca?
Maybe we can help each other. We are in LA near Pasadena, our crooks are Indy, MERS, Deutsche, Ndex West, LSI Title, and Equity Title. I have ROBO SIGNERS WITH Notary Public who witnessed the fraud. I plan to file Commercial liens on everyone involved.
goi
March 19, 2012 at 1:41 PM
Adeara & Rusty. You are in CALIFORNIA. You MUST get an attorney BEFORE they OUTWIT you with case law and motions. **** California courts; “Judges here will say somebody’s owed a debt and this is the only creditor in this room asking to foreclose on the property, and we’ll give it to them,” said attorney Tiffany Norman of TRN Law Associates, a San Francisco firm specializing in wrongful-foreclosure cases. Kent Qian, staff attorney with the National Housing Law Project in San Francisco, “California courts have not been receptive to cases that allege the wrong party foreclosed, there was fraud in different assignments (transfers of the mortgage) or (bank employees) didn’t have any idea what they were signing,” he said. Gomes vs. Countrywide, ” said you cannot (sue) to contest whether the right person has initiated the foreclosure sale until AFTER the foreclosure.” Gomes said: MERS’ has right to foreclose, California Supreme Court; it declined to hear the appeal. Courts often say a former homeowner “must tender the full amount of the loan to even assert their claim after the foreclosure sale,” One argument that has persuaded some California judges to let cases proceed is backdating of records – banks that sent a notice of default to kick off a foreclosure and only afterward filed backdated documents purporting to show they had the right to do so. biggest barriers for homeowners turns out to be the definition of “mortgage.” But nowadays, almost no home in California is secured with a mortgage; now we use a deed of trust. Calvo vs. HSBC Bank, said enders must record the transfer before they can foreclose does not apply to deeds of trust. Bankruptcy courts require lenders to show that they hold the note and are authorized to foreclose.” net result is just a few months’ pause before a foreclosure continues. But sometimes the lenders can’t produce the right paperwork. I’ve WON and LOST some of my houses…. ‘3’ are ‘ongoing’ now…
Nothing Ironic there…after working to steal as many poor peoples homes out from under them as possible, Price is suddenly worried about housing for the poor? As if we needed any more proof that the banksters have infiltrated and corrupted virtually every institution in America…Et tu, Habitat?
Has anyone seen an actual account history as maintained on servicer’s mortgage platform software? I have 3 years of entries from every department i.e., legal, foreclosure, customer service reps, borrower calls, and it is startling. Is it possible that none of the 49 attorneys general who signed off on the settlement agreement have never seen one? That would be hard to believe. Everyone should be requesting their account log. If you are trying to prove fraud, it’s in the log.
Pay special attention to Holders in Due Course. Best wishes…..
proseway
March 16, 2012 at 6:47 PM
Liz – Sorry that you have been served, but I urge you to make certain you file a contested answer to the foreclosure complaint. That is essential. My reports show very clearly that I was deceived into waiting for a HAMP decision for 12 months. For example, the report shows that on one day when I called for an up-date on my request, I was told I would have to wait at least another 8 weeks for the decision. The very next day it shows that my file was sent to the foreclosure department. The report also shows that we filed a complaint with the OCC and a message went out via the platform to have the servicer send the “standard response”. The legal department/foreclosure mills put reminders on the reports of important legal deadlines. I assume that’s to keep borrowers at bay while they jammed through the foreclosure. My point is, you must request your activity reports immediately if you feel you were a victim of this type of fraud. I am in New Jersey, if I can help you in any way.
HammerTime
March 16, 2012 at 8:17 PM
Liz – since procedures differ by state and judicial/non-judicial were you served for eviction or foreclosure sale if that makes sense.
If eviction is imminent you may want to contact moveon.org or other foreclosure activist groups that will put pressure on your lender to stop eviction and do a workout. Has worked in CA.
If you are in settlement state with one of the 5 lenders contact your Attorney General with any evidence you may have and if you have a predatory loan or servicing such as not giving you a modification if you made payments or others were given modification with same circumstances.
Possibly simpler than servicing software you can ask for a payment history through a qualified written request. This will give you some idea of what’s going on and if foreclosure or foreclosure amount is valid. If you see problems can be basis for demand letter to stop eviction.
There is great info at beingmiddleclass.org where you can see how others have dealt with your lender and look up ways to defend yourself and ask for help.
No kidding! Mine shows Ocwen reversing payments in June that were not made until August…putting payments into suspense until the 15th then posting them late and then charging a late fee…returning on time electronic payments and then when they are re-submitted (“late”) charging a late fee….Posting 10,000 three months in a row to the principle, etc – it is crazy – yet my regulator (NC BANKING COMMISSIONER) was like, nothing to see here, move along! They are so brazen it is breathtaking! You cannot make this stuff up…
proseway
March 16, 2012 at 10:10 PM
Hammertime: I think you misunderstood. Mortgage platform software is what the servicers, mills, lps, fidelity, etc all communicate on and post account activity. It’s not software you go out and buy. Anyone can get a payment history but what you really want is the detailed report. The QWR is worth a shot, but we didn’t get anything until the court ordered the servicer to produce the documents we requested.
Hammertime
March 19, 2012 at 5:34 PM
Thanks for the clarification prose looks like my resonses didn’t post. Whatever can help Liz the quickest is what’s needed basically. When lawyer with loan mod service requested history it was provided pretty quickly. I was looking at loan mod software actually so may have been on that track. Won’t post link if that’s what prevented post but Liz you can google it. QWR’s take more time even if lender is mandated to tespond but they have loopholes but helps in building case. How do you get the report and how quickly is it delivered?
no the bill did not pass! it was the effort of alot involved writing and calling stopped this bill. for example i lwork in pasco county florida i wrote mike fasano in fla senate that he knows his town is devistated by foreclosures and by no means should he help pass these bills . we need a mortitorium to keep the rest of the people in their homes and take care of the fraud. i told him that my note was aphotoshop signature by wels fargo and have it in writin g wells fargo put me in a stated income loan and all other frauds. so we were listen to. please check out foreclosurehamlet where you can learn and get much needed support.
THIS JUST IN
Honor system for foreclosure paperwork has led to illegal Colorado seizures, lawyer surmises
By David Migoya The Denver Post The Denver Post
Posted: 3/13/12 DenverPost.com
Thousands of Colorado homes were taken in foreclosure in recent years by banks that probably never had the right to do so because no one bothered to challenge the process, said a lawyer who worked for the state’s biggest foreclosure law firm.
Lawyers often blindly sign a document attesting that the bank they represent has the right to foreclose — allowable under Colorado law — without ever actually seeing the original loan documents, attorney Keith Gantenbein said. He worked at Castle Stawiarski, where more foreclosure cases originate than any other law firm statewide.
Gantenbein said he and other lawyers signed “tens of thousands” of documents known as statements of qualified holder. The papers certify lenders’ right to foreclose, generally with little more than an e-mail from a bank or loan servicer telling the lawyers to file the case.
“The discomfort was you had no way to verify the information they provided, and we found many bank errors, and you’re not 100 percent sure you had the right to foreclose,” Gantenbein said Monday. “It happened so frequently that there has to be a large percentage of homeowners who lost their homes to the wrong people.”
Gantenbein, 31, is expected to appear today before a state House committee taking testimony on a bill designed to end the practice and require banks to provide original loan papers before they can foreclose.
The bill, sponsored by Rep. Beth McCann, D-Denver, also would require judges to certify that foreclosing lenders have the legal right to take a property. Currently, they only attest that a homeowner is in default of a note and is not serving in the military before ordering a foreclosed home to be sold at public auction.
HB 1156 is scheduled to be heard at 1:30 p.m. today in the Economic and Business Development Committee.
Gantenbein
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Hello
In my pursuit to find the proper entity to serve notice on, I ran across some very interesting information on the California Secretary of State database. This could help a lot of people in this boat. Please refer to the links below in order. MAKE SURE THAT THEY ARE INDEED REGISTERED TO BE DOING BUSINEES IN YOUR STATE!
Type in “Deutsche Bank” and it will bring up 7 entities; I was sued by the first bank listed DEUTSCHE BANK AG in the unlawful detainer action.
Take note that DEUTSCHE BANK AG ‘s California’s registration has been forfeited.
•
Suspended or Forfeited: The business entity’s powers, rights and privileges were suspended or forfeited in California 1) by the Franchise Tax Board for failure to file a return and/or failure to pay taxes, penalties, or interest; and/or 2) by the Secretary of State for failure to file the required Statement of Information and, if applicable, the required Statement by Common Interest Development Association. Information regarding the type of suspension can be obtained by ordering a status report. For information on ordering a status report, refer to Information Requests.
Entity Name: DEUTSCHE BANK AG
Entity Number: C1656031
Date Filed: 01/09/1990
Status: FORFEITED
Jurisdiction: GERMANY
Entity Address: 31 WEST 52ND ST
Entity City, State, Zip: NEW YORK NY 10019
Agent for Service of Process: ROSS A HOWARD
Agent Address: 50 CALIFORNIA ST STE 1500
Agent City, State, Zip: SAN FRANCISCO CA 94111
This link is the CA Codes for doing business in California. I highlighted one of the many codes below that seem to be pertinent to my situation.
2104. Any foreign lending institution which has not qualified to do
business in this state and which engages in any of the activities
set forth in subdivision (d) of Section 191 shall be considered by
such activities to have appointed the Secretary of State as its agent
for service of process for any action arising out of any such
activities, and, on or before June 30th of each year, shall file a
statement showing the address to which any notice or process may be
sent in the manner and with the effect provided in Section 2111.
No foreign lending institution solely by reason of engaging in any
one or more of the activities set forth in subdivision (d) of
Section 191 shall be required to qualify to do business in this state
nor be subject to (a) any of the provisions of the Bank and
Corporation Tax Law (commencing with Section 23001) of the Revenue
and Taxation Code or (b) any of the provisions of this code or the
Financial Code or Insurance Code relating to qualifications for doing
or transacting business in this state or to requirements pertaining
thereto or to the effects or results of failure to qualify to do
business in this state.
A 1099A? You must realize those taxes have already been paid by the investors of your securitized loan. These crooks (the lender) are trying get you to pay for something that was already paid off when your so-called loan was paid off by 100+ investors.Remember there was never any money loaned to you, your signature was simply sold off to the investors.
Rusty, even the most conservative among us sometimes gets caught up in the moment. The taxes may have been payed but it’s up to the individual to deal with a 1099 and at times these are a great asset. After the robo signer walked off with my place, i was issued a 1099 and it goes a great way towards establishing the price that the institution valued the property. I am hessitent to offer tax advise since someone may follow it to their detriment.
Please notice the’case number’. This is the case number in the Federal Court where I introduced him as an expert witness after I PAID HIM. MAHER SOLIMAN WAS DISMISSED BY THE FEDERAL JUDGE in this case for providing FALSE CREDENTIALS and NOT PROVIDING a WRITTEN NARRATIVE to the court. I can provide PROOF and a JUDGES ORDER.
HELP!
I need to file for an ex-parte hearing for next week and I cannot figure out who or where to serve Deutsche Bank.
It turns out that Deutsche Bank’s appointed attorney is playing tricks on me by waiting until the last minute to tell me his not representing Deutsche Bank outside of the Unlawful Detainer. These crooks are unbeleivable…
Rusty
Pro Per
you can go to dept of state website for your state and look up registered rep for the bank on that website. then send your paperwork with a process server to that registered rep and get the return notarized by the process server . take the original to court with you to show the judge they were properly served.
good luck this is not legal advice. i am not an attorney . this is what I did and I can share it legaly with others.
alwyas consult with a competent licensed attorney in your state or other competent legal websites.
David
Rusty G
March 11, 2012 at 6:35 PM
David,
You are the one that expanded my horizons beyond the court system. Your (not) legal advise enabled me to find even more credible evidence to have my unlawful detain er action opened again. I will be submitting another request for an ex-parte hearing tomorrow morning and a Motion to Quash.
Hello,. what happens after u get a Master Order of Dismissal whts the nxt stp in the process how do u find out if it was a with or without preduice dismissal
i want to add that i have been reading some posts on other websites and there is still folks out there that do not understand what we do. that there was origination fraud, that servicers are just that servicers they do not own these loans, securitization fail, tax fraud, insurance fraud. these people think that document fraud is ok. they still think some of us chose not to pay the mortgage. why dont the people of our great nation know that we have all been swindled some how. wells fargo lost our paper work, put us in a mod higher then the original mortgage, told us not pay our mortgage to re apply for hamp loan and the denied to put in writing for us . found out during this time 2009-present that i did not have the conventional mortgage with the fix rate it is a predatory loan becuase they put us in a stated income loan but sent a letter stating this but tried make it seem like it was ok to forge my salary. i presented pay check stubs and 2 years of w2 forms as requested. how do these crooks get away this stuff? now of course wells fargo is trying to foreclose but they have been my servicer and i have no assignments attached to the foreclosure complaint. then the note they forged my signature. the pen used to sign the “mortgage” was darker and the title company typed my middle initial which i used when i signed the mortgage and probably the original note. the note they presented is my signature noted to be a much lighter inked pen, no middle initial and larger font. also you can see the gyrations of robo pen when signatur is examined up close. what the heck. thank god for these web sites i have counsel and am defending my home. everyone here deserves a pat on the back for educating me. I am trying to do my part. i was a food bank today and thank the people at the church for helping us and i gave them the name of all these web sites and my foreclosure hamlet name and not to leave their house until they get in touch with me. my town is being devistated by this foreclosure fraud. kids homeless living in tents. its awful. i want this to end. we did not cause this and why wont they help us.
I;m in almost the same spot with Wachovia as you are. When I applied for the loan through World Bank in Aug. 2006, I had no other income other than $560.00 monthly child support and a offer of employment to start in Sept. Yet they approved the loan! Now my hud advisor tells me that they servicing bank don’t really have to offer me hamp or inhouse mod. if the investor wants to foreclose. Why isn’t anyone helping thousands of victims of these corporate criminals. They pass these programs and settlements to look like they’re doing something, so with the foreclosures still growing at record numbers don’t they see that the banks need to be policed? My home isn’t underwater, I owe $53,000 and have well over $100,000 in equity and Wachovia could care less. I really not sure if I should bother reapplying for hamp with income increase.
Again this mortgage crash and the evil folks behind it are part of a mafia like group of folks. They have been protected by the government and allowed to do this. Regardless when an individual store owner has committed fraud and stole they are jailed, fined and put completely out of business.
They don’t sell their assets they are taken to pay back those they stole from. In this system these crooks are able to sell the assets that are fraudulent instead of resending the loans and those who were wronged based on loan repaid for moneys they paid back if there are massive fraud and errors in the loan. No notary present, interest rates switched, no true title search on property, fees charged multiple times for the same thing, income double in loans, or if the loans came from certain fraudsters that have a history of corruption.
Again these people are in high society and live big. Roland Arnall of Ameriquest/Argent was rewarded by George Bush becoming an Ambassador of the Netherlands after stealing & defrauding from Millions of people. There’s some question that someone else actually controlled Amerquest & Arnall was used as a highly paid front.
Many of the judges who should be drop kicking them to San Quentin seem to give them a pass. Check the home loans of these judges. Allegedly some have borrowed from the very corrupt demons that played the homeowners/ borrowers. Check your local politicians many of them borrow 2-3 times a year getting back to back home loans. This is a way to pay off folks and it never be suspected they are on THE TAKE. Keep in mind folks who appoints your judges.
This is why the crooks want certain folks in the white house & governor office.. These folks make appointments to the circuit, municipal & federal courts. Why do you think this evil has gone on so long. Clinton appointed many folks that weren’t going to do anything about this. This evil. the predatory loans started in inner city neighborhoods.
They holler folks got l”oans they couldn’t afford. There’s a new book out about this whole thing “Nutter the man behind the strings” & Deception Whose allegedly behind the mortgage crash”. These two books were real accounts of what really happened and how every detail of this was planned down to the Robo signers and selecting crooked law firms nationwide to foreclose & Fidelity National Financial buying up tons of title companies to close predatory loans. This gives the real names and folks are waking up to the truth. This thing is well documented about what really went down including where the 1st sub prime loans were given,
For Mortgage Lenders, Refusal to Follow the New Jersey Fair Foreclosure Act Began on Day One
By Adam Deutsch
In the nearly five months since the state Supreme Court effectively allowed six of the country’s biggest banks to begin filing foreclosures again, attorneys and court officials have been expecting a flood of new filings to hit the courts.
Except it hasn’t happened. Foreclosure filings are down 83 percent as of October this year, compared with the same time period last year, according to court figures, and there are at least 100,000 cases either pending in the system or waiting to be submitted.
Attorneys involved in the work in New Jersey point to at least one reason for the significant delay: a court case that has reached the state Supreme Court, with oral arguments on Wednesday.
The case, US Bank National Association v. Guillaume, is important because the court is asked to determine who must be named as a point of contact on the document that initiates the foreclosure process, known as the Notice of Intent to Foreclose. The state Fair Foreclosure Act requires identifying the lender and its contact information. But because the original lender has often bundled and sold the loans to investors, the current lender lists the servicer, a third party that collects monthly payments and dispurses it to the mortgage holder. In this situation, the lender’s attorney argued it was unnecessary to name his client on the notice because the servicer had been assigned the mortgage rights.
Attorneys for the homeowners, Maryse and Emilio Guillaume, said listing the servicer is not sufficient, should the homeowner want to work out a solution and stay in the house, and any foreclosure judgment without the lender having been named should be voided.
The Fair Foreclosure Act defines the lender as “any person, corporation or other entity which makes or holds a residential mortgage and any person, corporation or other entity to which such residential mortgage is assigned.”
Should the court side with the homeowners and determine what remedy must be made, it could affect pending or completed foreclosures and possibly change the process going forward, said Linda Fisher, a Seton Hall Law School professor who works closely with foreclosure cases at the school’s Center for Social Justice.
“The most immediate reason it’s such a big deal right now in New Jersey,” Fisher said, “is that there are over 100,000 foreclosures either pending or waiting to be filed, and since this Notice of Intent has to be met in every single case, what has to be included in that notice is fundamentally important to the status of foreclosure actions in the state.”
The Guillaumes are still in their East Orange home pending the outcome, despite a judge signing off on the foreclosure in 2009. That decision should be dismissed because the original notice directed the Guillaumes to their servicer, America’s Servicing Co., not the trust that now holds the mortgage, US Bank National Association, said Rebecca Schore, the Guillaumes’ attorney.
“It’s becoming increasingly important to borrowers to know who the lender is who actually holds their mortgage — who is the man behind the curtain, pulling the strings,” Schore, of Legal Services of New Jersey, told the justices.
“Keeping it opaque serves no purpose,” she added. “Making it transparent gives people an opportunity to do something about it.”
Mark Melodia, who represents US Bank National Association, argued that listing the servicer was adequate because it follows the statute, as it had been assigned the mortgage rights of the lender.
“We believe it literally complied — that is, that America’s Servicing Co., the mortgage servicer, is a lender for purposes of the Fair Foreclosure Act because it is the sole holder and sole assignee of all the mortgage rights relevant to the foreclosure process and the notice of intent,” he said. “It’s the only party that is empowered to act.”
The appellate and trial courts have ruled in favor of the trust, deciding it was appropriate to list the servicer.
But in August, a separate appellate panel determined in a ruling known as “the Laks decision” that the statute requires the financial institution to name the actual mortgage holder, and if it does not, the foreclosure complaint should be dismissed. With its Guillaume decision, the Supreme Court is in effect resolving the conflict between the two appellate rulings.
The Guillaume case was expedited through the courts, but there is no deadline for a decision.
And in the meantime, foreclosure filings to the court have all but ground to a halt. There are an estimated 60,000 cases pending in the courts, according to bank figures, and more in the pipeline.
“There are tens of thousands (of complaints) that haven’t been filed, that should have been filed over the past year, that are awaiting a process that can work, because we don’t have one right now,” Melodia said.
He added, “we believe the foreclosure system is in many ways broken, and this case in this court provides an opportunity that we can fix some of these issues.”
Sleuth: You are correct about MAHER SOLIMAN being a FRAUD. I asked for a refund after getting NOTHING to help my case. He emailed back saying he was going to report me to the Department of Justice for trying to ‘manipulate and expert witness’. What BS…!!! I have already filed complaints with the DOJ and the Calif. State Attorney Generals Fraud Task Force against him. If anyone has a location, we want to serve a civil suit against him for fraud, leading to (probable) criminal charges. Anyone else can do the same:
Can you please drop me a note directly at jasm.harris@yahoo.com? I think that I have a fix on Maher Soliman that might be very helpful to you.
Also, if contributor “goi” sees this note, I would like to hear from you about Maher Soliman, too. In fact, anyone with specific information about getting swindled by this con artist M. Soliman is welcome to e-mail me.
We believe that we have developed a very effective plan of attack that should result in the arrest and prosecution of the scam artist Maher Soliman. Collaboration and the provision of just a little more information should be sufficient.
Please e-mail me right away if you can help!!
Jim
Biz Coach
February 27, 2012 at 10:02 PM
James, I emailed you my phone number and have NOT heard from you. IF you are fore REAL, give me a call…. THX
Generally, I wouldn’t re-post links to fraudulent material Soliman puts up, but there are a couple of interesting things about these documents.
First, the seniors over at the Forum are just tearing Soliman up about various fraudulent representations he makes and the posted documents make for an interesting exposition.
Second, one of these documents appears to be a sworn declaration Maher Soliman made only two weeks ago in a Los Angeles Bankruptcy matter. In that declaration, he avers that his address is still the 711 South Olive Street address he was using three years ago. Either he is still at this address or he is lying to the Bankruptcy Court about his whereabouts.
Maybe this can help inform those looking for Soliman to serve him with either civil suit papers or to arrest him for his ongoing criminal activiity.
Chris
March 9, 2012 at 9:35 PM
He has posted his ‘resume’ as an exhibit into court. The case number Is the case in which he was DISMISSED by a FEDERAL JUDGE an a PHONY EXPERT WITNESS. I have a JUDGES ORDER where she dismissed him.
I have been fighting corruption in Riverside and nearby counties since 2007. I actually went to Law School because I found out over the previous 2 decades “If you do not have at least $50,000 to hire and maintain a lawyer – you have no legal, human or civil rights in this country. But, instead of Law School helping me fight for my BASIC RIGHTS, my knowledge and the FACT that I have stood up for myself when my rights have been PROFOUNDLY and INSANELY VIOLATED (by notorious nut case and bully racist law enforcement personnel) the entire system – including 50 or so attorneys, 20 or so judges, and countless law enforcement personnel have personally violated the LAWS of Our Country, Their Dutys as attorneys, judges, police officers, etc. My story would shock Steven King. I have been beaten and tortured in the Orange County, Ca. woman’s jail – on video, Blatantly railroaded by 23 attorneys (Public Defenders and Prosecutors) for the CRIME I WAS THE VICTIM OF, simultateously, my 10 horses were being starved by Riverside Animal Control. So now I have personally experienced how the corrupt system works. Please check videos of us at Pro per inc – Franklin and Trea Cleaves – they were done 3 years ago. so much has happenned as you can see from blog about tarek elsayed ayoub – everything is very well documented by police reports, animal control field notes court records, photos, videos and eye witnesses. THIS IS AMERICA!!! BE VERY CAREFUL – BECUASE IF A COP OR A MALICIOUS NEIGHBOR GETS A VENDETTA AGAINST YOU – YOUR LIFE IS TAKEN AWAY AND IF YOU HAVE RESOURCES – YOU WILL — USE THEM ALL UP TRYING TO DEFEND YOUR PROPERTY, LIFE AND FREEDOM. STAND UP AND STOP THIS GESTAPO TAKEOVER OF THE UNITED STATES OF AMERICA. EMAIL ME – I AM HIDING IN SOUTHERN CALIFORNIA – FIGHTING THE CORRUPTION IT SEEMS ALONE. IT IS VERY SCARRY. WE NEED TO UNITE BECA– USE THERE ARE GOOD PEOPLE OUT THERE. BUT THEY ARE SCARED OR THEY HAVE NO CLUE ABOUT WHAT IS GOING ON.
Last week’s historic $25 billion dollar joint state-federal settlement agreement with nation’s 5 largest banks, was ticketed to bring long awaited relief to distressed homeowners at risk of foreclosure and victims of deceptive foreclosure practices that have already lost their homes.
However one week later, as details of the national mortgage settlement emerge, a question regarding the true relief the settlement agreement will have on distressed homeowners also arises..
Why has Wilbur Ross Jr. NY Billionaire & owner of American Home Mortgage Servicing in Texas & Florida allegedly using Robo signed documents to foreclose on homes. In June 2011 60 minutes episode showed DOCXX & Lenders Processing using these companies to produce fraudulent assignment of mortgages. Documents reveal allegedly that AHMSI had Chicago Title a subsidiary of FIDELITY NATIONAL FINANCIAL in Jacksonville, Florida to allow DOCXX & LPS employees thru a Power attorney they filed at the courthouse to allegedly deputize these employees as Vice Presidents of various mortgage companies they bought assets of. These were Ameriquest Argent, Option One owned by H & R Block tax company & Citi Residential lending.
After they were exposed documents that exsisted with the various names of Brian Bly Crystal Moore and other Robo signers found on web sites were signed on to assignment of mortgage documents and to switch trustees of mortgages. Allegedly when mortgage notes weren’t available to prove ownership or if complaints came in concerning fraud with the origination of the loan from predatory lenders such as those listed. AHMSI would file documents with the courts to foreclose. Recently many people have come together to expose this fraud. Allegedly after Ross’ company was exposed the names of his own in house employees are signing off as attorney in fact and vice president of these companies to continue the alleged deception. There is a strong paper trail on these allegations.
FNF Title then used other companies in their network 1st American Title to send this alleged fraud to the law firms to summit to judges and courts to foreclose. While 60 minutes uncovered this fraud Ross AHMSI continued to use Lenders processing to do field inspections on homes they serviced loans on. At the same time filing suit in Dallas courts stating they had been defrauded by LPS losing money. Allegedly this isn’t true. ROSS ALSO WAS using 1st American Title to do personal Power attorney for his affairs. Ross has been deceiving many folks allegedly. He knew the loans he bought were in most cases tainted problematic from phony inflated appraisals, no title reports, no notaries based on visiting with hundreds of victims, documents were in most cases dealt with at brokers offices or signed at kitchen tables in America. Most of the documents were notarized later and loan documents mailed to borrowers. Many alleged never going to a title company, yet they were notarized by someone different that took the information. Many have switched interest rates and credit
may have been checked but all folks were going to get used to maximize profits.
Many folks saw HUD FANNIE & Freddie Mac listed and were fooled thinking these loans were backed by them. This is why so many people were trusting. These names were used in every predatory loan in America. Truth in lending states 360 months at a certain fee. This was a lie. All adjustable loans will not be what is stated on the payment sheet. Why did this happen.
No one who makes example $1,200 a month would agree to an Adjustable loan that would rise to $1,500 in 4 years. This is what happened. The loan states this set fee example of $400 for $360 months. Allegedly there a ton of attorneys that saw these Robo signed documents and saw multiple people pretending to be vice president & attorney in fact for multiple companies at the same time. Allegedly Ross’ AHMSI got so desperate his own in house Florida employees such as Emmitt Wilson III allegedly signed off as a Vice President attorney in fact for Ameriquest & Citi Residential Lending. Calls made to AHMSI revealed Wilson was an employee of Ross’ AHMSI FLORIDA OFFICES and never was a VICE President for any company. Argent & Ameriquest & Citi confirmed this after document calls went to them also. Records revealed that the majority of these predatory loans were closed through Fidelity National Financial Title subsidiaries Nations, Chicago Title & Commonwealth Title. 1st American brings up the rear and sends the alleged fraudulent assignment of mortgages to local law firms to foreclose.
These assignments would make Deutsche back pass thru series the trustee of these loans. No record before the foreclosures show Deutsche Bank involvement. There are many attorneys who stated working for AHMSI they know whats going on and have made good doing this. There’s several attorneys that will tell you about this if they thought they would lose their license or join Bernie Madoff. Just get legal newspapers their names are there. This Robo signing has gone on for at least 13 years based on interviews and records Ross is allegedly fooling Wall St. you and laughing all the way to the bank. Ross must be accountable he allegedly has cost this country dearly while continuing to operate AHMSI & other companies he owns on Wall St.
THIS MORTGAGE SETTLEMENT IS THE 1ST STEP.
NEXT SOMEONE MUST BE BOLD ENOUGH TO DEAL WITH THE ATTORNEYS THAT WORKED FOR THESE FRAUDSTERS AND ALLOWED THESE FORECLOSURES TO GO OUT IN THE FORMS OF SUMMONS NATIONWIDE TO FORECLOSE. THIS GROUP IS THE ATTORNEYS ALLEGEDLY ROSS HAD PEOPLE LIKE SINGER TARPLEY & JONES LAW FIRM THAT HAVE ALLEGEDLY BEEN INVOLVED WITH FORECLOSURES FOR 13 YEARS BASED ON RECORDS & ALLEGEDLY THE VAST MAJORITY OF THEM WERE ROBO SIGNED FROM THE BEGINNING. JOHN HALTOM, BETHANY HOOD, MATTHEW CLEVERLY WHICH AN IDAHO JUDGE STATED HE WAS ALLEGEDLY COMMITTING FRAUD WITH TAINTED ASSIGNMENTS OF MORTGAGES AND OTHER NAMES ON FRAUD DIGEST. SINGER, TARPLEY & JONES WERE QUITE SKILLFUL IN PASSING OFF THOUSANDS OF THESE DOCUMENTS IN COURTS. RECORDS REVEALED NOT ONLY DID THEY SIGN OFF AS DOCUMENTS BEING VALID BUT THEIR SECRETARY/NOTARY ALLEGEDLY.
LINDA TARPLEY WAS ALSO AN ELECTION JUDGE IN KANSAS CITY. ALLEGEDLY TARPLEY HAD BEEN A TRUSTEE FOR VARIOUS PREDATORY LENDING COMPANIES BASED ON DOCUMENTS THAT WERE SEEN BY HUNDREDS OF CONCERNING CITIZENS. WILBUR ROSS JR & DAVID APPLEGATE HAVE BENEFITED FROM THIS ARRANGEMENT.
THIS LAW FIRM WAS ALSO TAKING ASSIGNMENTS OF MORTGAGES THAT WERE FILED IN COURT HO– USES WITH DOCXX & LENDERS PROCESSING EMPLOYEES BRIAN BLY & CRYSTAL MORE THAT WERE ON 60 MINUTES ROBO SIGNERS ISSUES AND NOW ACCEPTING THEM TO FORECLOSE AFTER ROSS’ OWN EMPLOYEES APPEAR ON THE DOCUMENTS & ACCEPTING THEM AS TRUE. THERE’S A PATTERN. AND DEUTSCHE BANK WAS NEVER LISTED AS TRUSTEES FOR THESE LOANS FROM ARGENT, AMERIQUEST OPTION ONE OWNED BY H & R BLOCK & CITI RESIDENTIAL LENDING.
MANY OF THE LOANS THAT THEY ARE FORECLOSING ON BORROWERS ALLEGED NEVER SEEING A NOTARY. THREE DIFFERENT SETS OF DOCUMENTS FOR 1 LOAN ALL DIFFERENT INTEREST RATES, DOCUMENTS NOTARIZED ON SATURDAY WHEN TITLE WAS CLOSED, 5 CHARGES FOR TITLE POLICIES NONE NEVER GIVEN TO BORROWERS, IN ONE LOAN, LEAVING FAMILY MEMBERS ON DEED WHICH WOULD INVALIDATE THESES LOANS, LOAN DOCUMENTS FILLED 4 WEEKS LATER AFTER PROCEEDS WERE GIVEN OUT BY A BROKER AT MORTGAGE PROFESSIONALS A COMPANY OWNED BY STEVEN HOOKS WHO IS NOW IN TEXAS. NOTARY SIGNS DOCUMENTS FILLING IN BORROWERS SIGNATURES/ CUT & PASTE. HUD FANNIE & FREDDIE MAC NAME ON DOCUMENTS TO FOOL BORROWERS THEY WERE BACKING LOAN. PHONY APPRAISALS. AHMSI RECEIVED TAPES FROM BORROWERS THAT WERE RECORDED ADMITTING THE APPRAISALS WEREN’T DONE OR THEY WERE DRIVE BY COMPS IN NEIGHBORHOODS MILES FROM THE THE HOME.
TO DO JUSTICE THE ATTORNEYS, JUDGES AND TITLE COMPANIES MUST BE MADE TO COME CLEAN AND THEN BE PUT OUT OF BUSINESS..THE ATTORNEYS JUDGES AND THE TITLE COMPANIES HAVE BEEN IGNORED IN THIS FRAUD. MILLIONS OF PEOPLE NATIONWIDE ARE NOW AWARE OF WHAT REALLY HAPPENED AND EXPECT THIS NOT TO JUST STOP AT A FEW CROOKED MORTGAGE COMPANIES. ALLEGEDLY DOCUMENTS HAVE SURFACED THAT SHOW CHICAGO TITLE PROVIDING POWER OF ATTORNEY DOCUMENTS ALLOWING LENDERS PROCESSING & DOCXX EMPLOYEES TO SIGN AS VICE PRESIDENT ATTORNEY IN FACT FOR VARIOUS BANKS, LENDERS AND AMERICAN HOME MORTGAGE SERVICING AND OTHER SERVICERS. THESE DOCUMENTS WERE ALLEGEDLY MADE POSSIBLE BY FIDELITY NATIONAL FINANCIAL TITLE AND STATE TO SEND TO BACK TO CHICAGO TITLE AFTER RECORDING THE POA.
THIS IS A SOMETHING THAT 60 MINUTES MISSED ALLEGEDLY. THEN THE ASSIGNMENT OF MORTGAGES WERE ALLEGEDLY SENT TO 1ST AMERICAN TITLE AND OTHER FNF TITLE SUBSIDIARIES TO DISPATCH OUT TO LAW FIRMS TO FORECLOSE. JUDGES ALLEGEDLY SAW THIS FRAUD OF MULTIPLE COMPANIES WITH VARIOUS FOLKS AS VICE PRESIDENT OF COMPANIES THEY NEVER WORKED FOR. Nations Chicago & commonwealth Title closed billions in predatory loans for Ocwen, Ameriquest Countrywide, Argent, Saxon Mortgage, Citi Residential Bank of America Option One & other lenders
This revelation could have a sweeping affect by the securities Exchange Commission after an investigation of Fidelity National Financial Title, Wilbur Ross Jr. & American Home Mortgage Servicing and other enterprises they operate that on the stock market. If they were working together this could be another Bernie Madoff situation. FNF Titles, William Foley II & Raymond R Quirk were making plenty not only closing millions of sub prime predatory loans based on reviews of thousands of mortgage documents but also allegedly aided the Robo signers and mortgage companies to continue the deceit. Remember the title company is the last to sign off on these documents and review information…They didn’t become #1 title company in America by playing fair allegedly.
In recent months, there has been a tremendous upturn in the movement against foreclosures and evictions. From New York to California the Occupy movement, unions and many community organizations have organized direct actions at people’s homes and at the banks to prevent families from being thrown out of their homes by the banksters – and the federal government which bails them out.
However, as important as these actions are, they will be not enough to stop the two million foreclosures that already are being processed and the additional 3.8 million foreclosures projected to take place over the next 2 years. Along with continuing the direct actions it’s time to raise the demand that the government place a Two Year National Moratorium to halt foreclosures and foreclosure-related evictions. A Moratorium would keep people in their homes and stabilize our communities while a long term solution to the crisis, including reducing principal to the actual value of the homes, is developed and implemented.
In the 1930’s, 25 states enacted moratoriums on foreclosures. The Michigan Moratorium Act meant that anyone facing foreclosure got an automatic 5 year stay on the foreclosure, with a judge ordering a reasonable payment based on the homeowner’s ability to pay. These laws were upheld by the U.S. Supreme Court in the case of Home Building & Loan Building Association v Blaisdell, which held that the people’s right to survive during an economic emergency superseded the contract clause of the U.S. constitution. The moratoriums were not a result of the generosity of the legislatures or the courts, but were a direct result of the actions of workers and communities flooding the streets and preventing the foreclosures that were being carried out. The legislatures and courts essentially ratified the moratoriums that were won in the streets.
The demand for a Moratorium on Foreclosures has never been more timely. Today, with the federal government owning or backing 75% of mortgage loans through Fannie Mae, Freddie Mac and HUD, and paying the banks full value for the inflated, fraudulent and predatory loans, the President has the absolute authority to implement a two year moratorium on foreclosures and foreclosure-related evictions through executive order. And the President could immediately authorize a reduction of the principal to actual market values on all mortgages owned by the federal government.
The Moratorium Now! Coalition, which has been raising the demand for a moratorium on foreclosures and challenging foreclosures and evictions in Michigan for the past five years, invites all activists to come to Detroit—the city hit hardest by the economic war on the 99%—for a one day conference on March 31, 2012. The conference will be an opportunity to share our experiences fighting foreclosures and evictions through direct actions. We will share legal strategies in challenging the banks in federal and state courts. And we will plan a campaign to raise and win the demand for a National Two Year Moratorium on Foreclosures and Foreclosure-Related evictions.
ALL OUT TO WIN A TWO-YEAR NATIONAL MORATORIUM ON FORECLOSURES
Saturday – March 31, 2012 – Detroit, Michigan
Central United Methodist Church – 2nd Floor
23 E. Adams St. (at Woodward Ave.)
Registration: 8-9 am Conference: 9 am – 6 pm
Sponsored by:
Moratorium NOW! Coalition to Stop Foreclosures, Evictions & Utility Shutoffs
5920 Second Avenue, Detroit, MI 48202 313-680-5508
Class action complaint, filing for Washington State foreclosures by ReconTrust;
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
WENDY DOUGLAS, BIRCH ABRAHAM and DANETTE ABRAHAM, ELLEN L. ST. JOHN and MICHAEL E. ST. JOHN, DONALD H. WHITE and MELISSA D. WHITE, on behalf of themselves and others similarly situated,
Plaintiff,
v.
RECONTRUST COMPANY, N.A.
Defendants.
CASE NO. 2:11-CV-01475-RAJ
FIRST AMENDED CLASS ACTION
COMPLAINT FOR DAMAGES
COMPLAINT
Plaintiff complains of defendant and for plaintiffs various causes of action and alleges:
I. FIRST CA– USE OF ACTION
JURISDICTION, VENUE, APPLICABLE LAW,
AND CLAIMS COMMON TO THIS ACTION
1. Plaintiffs are persons residing in the State of
Washington.
2. Defendant RECONTRUST COMPANY, N.A. ( ReconTrust or
Defendant) is a for profit business entitled permitted by the U.S. Office of the Comptroller of the Currency as a nondepository, uninsured, limited-purpose national trust bank.
3. ReconTrust is a California Corporation and is wholly-owned subsidiary of Bank of America, N.A.
4. ReconTrust forecloses loans serviced by Bank of America, N.A./ and its wholly-owned subsidiary, BAC Home Loans Servicing., L.P., ReconTrust is upon information and believe wholly owned by Bank of America, N.A., Bank of America Corporation and other wholly owned subsidiaries of Bank of America Corporation as stated in the Corporate Disclosure statement on file with this court.
5. ReconTrust claims CT Corporation, 1801 West Bay Drive NW, Suite 206 Olympia, WA 98502 as its sole registered agent for service of process.
6. ReconTrust claims CT Corporation, 1801 West Bay Drive NW, Suite 206, Olympia, WA 98502 as its sole “physical presence” in the State of Washington pursuant to RCW 61.24.030 (6).
7. ReconTrust is acting as a foreclosure trustee in the State of Washington.
8. Foreclosure Trustees are responsible for conducting nonjudicial foreclosures, called trustee’s sales, in accordance with the Deed of Trust Act, RCW 61.24 et seq., and the terms of the mortgage transaction documents.
9. Foreclosure trustees must perform their duties in good faith and owe that duty to the borrower and the beneficiary, RCW 61.24.020.
10. Plaintiffs have had their homes located in the State of Washington foreclosed upon by ReconTrust and or have had title to their homes slandered by ReconTrust during the class period.
II. JURISDICTION AND VENUE
11. Plaintiffs upon information and belief are residents of the State of Washington, and property owners within the State of Washington who have had their homes foreclosed upon by RecontTrust, and or have had the title to their homes slandered/clouded by ReconTrust. (Slander of title for purposes of this litigation meaning, ReconTrust has unlawfully recorded documents clouding plaintiff’s title to property, including but not limited to, inter alia “Notice of Foreclosure,” “Trustee’s Deed”, etc.).
12. ReconTrust has engaged in the conduct set forth in this complaint in King County and elsewhere in the State of Washington, including foreclosing upon plaintiffs’ homes.
13. Jurisdiction in this Court is based upon 28 U.S.C. §§ 1332,1441, and 1446. This court also has jurisdiction over certain state law claims pursuant to this court’s supplemental jurisdiction, 28 U.S.C. § 1367.
III. SUMMARY OF CLAIMS COMMON TO THE CLASS
14. Defendant is now, and has been at all times relevant hereto, been acting as a trustee on thousand of deeds of trust throughout the State of Washington and is thus engaged in trade or commerce within the meaning of RCW 19.86.020.
15. Homeowners such as Wendy Douglas and other class members are captive to ReconTrust’s trustee services. Homeowners cannot shop around for another trustee, they cannot negotiate the cost of Recontrust’s services or the cost of the third party services ReconTrust chooses, and they cannot direct ReconTrust’s activities. This vulnerable situation is compounded for homeowners by the complexities of the foreclosure process, by the homeowners’ highly distressed financial circumstances, and the high stakes of the proceedings. Foreclosure sales are usually irreversible. Any defenses generally are only available before the sale. Because courts are not involved in foreclosures, homeowners’ only protections are the detailed procedures and requirements contained in the Deed of Trust Act, and a neutral foreclosure trustee who insures the procedures are followed to the letter of the law.
16. ReconTrust is a foreclosure trustee that has failed to comply with the procedures of the Deed of Trust Act in each and every foreclosure it has conducted since at least June 12, 2008, and it is a trustee who is wholly owned by the loan servicer seeking to foreclose.
IV. RELEVANT FACTS
17. Recontrust foreclosed upon/slandered (clouded) title to Wendy Douglas’ residence on July 22, 2011 as well as on other homes owned by members of the class, during the class period, individuals similar to Wendy Douglas.
Recontrust has failed to maintain an Office in the State of Washington as Required by Law.
18. Defendant has failed to maintain the statutorily-required physical presence in the State of Washington, with telephone service at that address. RCW 61.24.030(6).
19. By Issuing Trustee Notices, conducting trustee sales, and issuing Trustee Deeds without maintaining the required physical presence, Defendant has misrepresented its authority to issue such notices, conduct trustee sales, and issue Trustee Deeds, and further has financially damaged Wendy Douglas and other class member, similarly situated to Wendy Douglas.
20. By conducting non-judicial foreclosures, while failing to maintain a physical presence with telephone service, the defendant has unfairly:
a. Prevented homeowners from having face to face contact with their trustee.
b. Prevented homeowners from gaining response time to time sensitive foreclosure issues.
c. Prevented homeowners from homeowners from making payments in person to stop the foreclosure and insuring that payment is in fact received and acknowledged.
d. Preventing homeowners from delivering mortgage documents in person thus preventing defendant from denying receipts of such documents, which will stop a foreclosure.
e. Unlawfully clouding title to homes identified for foreclosure and sold at auction.
Breach of Fiduciary Duty: Recontrust Fails to Conduct Foreclosures as a Neutral Third Part With a Duty of Food Faith Towards the Borrower and the Lender.
21. As a trustee on deeds of trust, Defendant has a duty of good faith including a fiduciary duty to both the borrowers and the grantor on the deed of trust, as well as the beneficiary.
22. ReconTrust has breached its fiduciary duties and violated its duty of good faith and conducting trustee sales while failing to perform statutory requisites for conducting such sales as contained in the Deed of Trust Act, RCW 61.24.030 and .040.
23. ReconTrust has violated both its trustee fiduciary duties and RCW 61.24.030, by failing to maintain physical presence with telephone service at the address as required by law, thus conducting unlawful foreclosures and further engaging in unlawful and deceptive business practices by representing it had authority to conduct Nonjudicial Foreclosures in the State of Washington.
V. DAMAGES AND CLAIMS OF PLAINTIFFS
24. Plaintiff and class members have sustained common damages, including but not limited to slander of title (clouding title) by defendant, conversion of their homes/property without lawful authority by defendant, CPA damages by defendants deceptive business practice of asserting authority to foreclose on homes/property in the state the Washington.
CLASS REPRESENTATION ALLEGATIONS
25. Plaintiff re-alleges paragraphs 1 through 24 and further states:
26. . Plaintiff brings this action pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of the Proposed Class, which is defined herein.
27. Membership in the Proposed Class is so numerous as to make it impractical to bring all of the Proposed Class members before the Court. The exact number and identity of the Proposed Class is unknown; however, Plaintiff believes that there are approximately 18,600 persons in the Proposed Class with approximately 6,500 members of the Proposed Class having had their homes/property foreclosed upon by defendant. The proposed class consists of persons who have had their homes/property foreclosed upon and, or have had title to their homes slandered (clouded) by defendant since June 12, 2008. Plaintiffs are members of the Proposed Class.
28. There are numerous and substantial questions of law and fact common to the Proposed Class which control this litigation, and which predominate over any individual issues. Included within the common questions are:
Whether Defendant foreclosed on homes/property within Washington State without legal authority.
Whether defendant slandered or clouded title to homes/property foreclosed on and whether plaintiffs suffered damages as a result of clouding of title and conversion of their homes by defendant.
Whether Defendant violated the Consumer Protection Laws of the State of Washington.
Whether Plaintiff and the Proposed Class conferred non-gratuitous benefits on Defendants in the absence of a contract;
Whether Defendants retained such non-gratuitous benefits from Plaintiffs;
Whether Defendants maintenance of such non-gratuitous benefits is unjust or inequitable;
Whether Plaintiff and the Proposed Class are entitled to damages, restitution, equitable relief and other relief;
Whether foreclosure sales conducted by defendant should be voided.
The amount and nature of such relief to be awarded to plaintiffs and the Proposed Class.
29. Plaintiff’s claims are typical of the claims of the Proposed Class, and Plaintiffs has no interest adverse to the interests of the members of the Proposed Class.
30. Plaintiff will fairly and adequately protect the interests of the Proposed Class and has retained counsel experienced and competent to the prosecution of class actions and complex litigation. Plaintiffs are willing to appear at depositions, assist counsel in the prosecution of the action and subserve their own interests for those of the Class. Plaintiffs will give complete support to the vigorous prosecution of the entire Proposed Class claims.
31. Adjudications with respect to individual members of the proposed Class would, as a practical matter, be dispositive of the interests of other members of the Proposed Class who are not parties to the adjudication and may impair and impede their ability to protect their interests.
32. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. Absent a class action, the Proposed Class will continue to suffer damages and Defendants’ violations of law will proceed without remedy.
33. As a result as a result of defendants wrongful and improper conduct Washington Homeowners/Property Owners have been harmed as a result of the unauthorized foreclosures.
34. Most individual members of the Proposed Class have little ability to prosecute an individual action, due to the complexity of the issues involved in this litigation and the significant costs attendant to litigation on this scale.
35. This action will result in the orderly and expeditious administration of the Proposed Class members’ claims, economies of time, effort and expense will be fostered, and uniformity of decisions will be ensured. Defendants indicate that since June 12, 2008 the total trustee’s sale price of properties foreclosed upon exceeds $1.5 billion with an average trustee’s sale price of over $235,000.00. That ReconTrust has received over $8.4 million in trustee fees. The amount in controversy therefore exceeds the sum of $5,000,000 exclusive of interest and costs as required under 28 U.S.C. § 1332, Class Action Fairness Act (“CAFA”).
CONSUMER PROTECTION
(Violations of State Consumer Protection Statutes)
36. . Defendants have engaged in unfair competition or unfair, deceptive acts or fraudulent acts or practices in violation of Wash. Rev. Code § 19.86.010, et seq.;
PRAYER FOR RELIEF
Plaintiffs pray for the following relief:
A. Compensatory damages in an amount to be proven at the time of trial.
B. Special damages in an amount to be proven at the time of trial.
C. Consequential damages in an amount to be proven at the time of trial.
D. General damages in an amount to be proven at the time of trial.
E. For damages related to conversion of Washington homes and slander and clouding of title to those homes.
F. For all damages available under Washington Consumer Protection Laws, including punitive damages in amount allowable by statute.
G. Entry of an Order declaring all homes/property wrongfully foreclosed upon by ReconTrust as null and void.
H. That this amended complaint relate back to the time of the filing of the original complaint.
I. For attorneys fees and costs as allowed by statute.
J. For such other and further relief as this court deems just and equitable.
Dated this _13th _day of February, 2012.
/s/ Anthony M. Urie
ANTHONY M. URIE, WSBA#11711
Attorney for Plaintiff and the Class
Lead Counsel
LAW OFFICES OF ANTHONY M. URIE, PLLC
18130 Midvale Ave N Ste A
Shoreline, WA 98133-4536
(206) 542-4066
/s/Marja Starczewski
MARJA STARCZEWSKI, WSBA#26111
Attorney for Plaintiffs
Deadline Nears for Homeowners to Seek Independent Foreclosure Reviews
This week’s $25 billion dollar settlement between 49 states, the Federal Government, and the nation’s five largest banks [Ally Financial Inc., JP Morgan Chase & Co. Wells Fargo & Company, Citigroup Inc., and Bank of America Corporation] may have cast a shadow over an already existing foreclosure review mandate.
I am currently fighting a foreclosre case in Montgomery County Ohio. I have found out the bank (PNC Bank N. A. does not own my mortgage, filed a fraudulent note, used a robo-signer (Teresa S. Clopp) to file a fraudulent affidavit, and many other crimes. If I had committed the crimes I have proven in court that the bank has I would be in jail. The magistrate in my case refuse to rule and most of the motion I have filed and is trying to find a way to let the bank off the hook. I have done some investigating and found that they have been committing the same fraud for years. Using robo-signers Teresa Clopp, Mindy Mundy, and other funny names on documents. My case is currently in limbo with the magistrate refusing to rule. I hired a lawyer when it came time to depose the robo signer Teresa Clopp. We have subpoenaed her twice each time the bank has ignored our subpoenas. yes, the judge has let them get away with it!! So if anyone is in Ohio and reading these check your paperwork and keep fighting, I CERTAINLY WILL.
The Bank’s fraudulent actions are well documented in many State Courts, federal Courts and U.S. Attorney General Offices’ files and still nobody is stopping these banks to further victimize other people. It is a fact that for years Banks have used the so called robo-signers in fraudulent practices of foreclosure. My family and I among the many victims of Wells Fargo Bank’s fraudulent practices as, on August 8, 2011, our home was stolen from us by an act of “Fraud” by Wells Fargo Bank. Please, Go to:
Hi everyone,
I have a personal question.
I am based in New York and my mortgage is still under foreclosure which I am
battling from 2007 as fraud. The original note was with WaMu then after it went
bankrupt went to FDIC, then to Chase and finally Chase sold it to SBC, a hedge fund.
The note now has endorsements from WaMu to Chase to SBC. The lawyer of
SBC states that they have a power of attorney from FDIC.
My question is: Is the chain of the title broken?
Also does anyone know a good foreclosure lawyer in NYC since my lawyer isn;t
fighting hard?
Mike
Hi,
I am in litigation with PNC also. I would like to coordinate with you and/or your attorneys.
Below is the text of an e-mail I sent. My PNC robo-signors are: Trisha Payton, Janet L. Deringer, and George P. Lane III .
Michael T. Pines
204 El Camino Real, Ste. 602E
Encinitas, Ca. 92024
Telephone: 760-518-5867
Facsimile: 760-301-0093 michaeltpines@gmail.com
February 4, 2012
Eddie R. Jimenez (ejimenez@piteduncan.com)
Chad L. Butler (cbutler@piteduncan.com)
Erin L. Laney (ELaney@piteduncan.com)
Pite Duncan, LLP 4375 Jutland Drive, Suite 200
P.O. Box 17933
San Diego, CA 92177-0933
Re: In Re Michael T. Pines
Case #10-00296 (RS-1)
Demand for Discovery re Motion For Relief From Stay
Dear Counsel:
I am going to serve notices of depositions initially for Trisha Payton the Declarant, Janet L. Deringer, the person who signed the “Certificate” you submitted to the court as the “Assistant Corporate Secretary of the PNC ….”, and George P. Lane III the “corporate secretary” who signed the other documents you submitted to the court. Please let me know if you will accept service by fax or e-mail. However, I am serving them regular mail on Monday, Feb. 6, 2012.
I would like to take these depositions prior to the hearing date on the motion, which is February 22, 2012. However, I can be flexible on dates and times. I also intend to video the depositions.
If they turn out to be “robo-signors” I will publish the information on the Internet. Please provide me with convenient dates and times. If they are not within a few hundred miles, I may associate counsel in the area where the work to physically attend and/or would be willing to do a telephone deposition.
Given the pending motion, your prompt attention is necessary. Please provide dates and times as soon as possible.
I have PNC and Tereasa Clopp as well, and PNC tried to sell my house on the court house steps while I was making modification payments, and had a letter from PNC that they would not sell my house!! I have done many hours of research in Montgomery county looking for signatures on assignments, etc. I would be willing to share info, send me an email jill.pirillo@gmail.com
Read the 7th amendment in the Bill of Rights. You should NOT have your case heard by a judge. DEMAND a Trial by Jury. Judges work for the government not us.
I am looking for a little assistance. While researching a case for a friend I came across some docs on Scribd posted by acfield and the profile says they are a follower of this site. The docs concern a Michele Sjolander rubber-stamping endorsements for Countrywide. If anyone knows acfield or if you have any info or docs from Michele Sjolander or Laurie Meder please drop me an e-mail vf2319@gmail.com
Thanks
Vince
Goi, thanks for the info. You implied in your first blog that Maher Soliman got thrown out of court, and then you said something entirely different in the 2nd blog…so now I’m confused.
From what I ‘ve read of Maher’s information, he has a very interesting plan of attack., albiet all the lender/servicer, depositor, feds, debt collectors, etc parties involved made it so so complicated (but don’t good crooks usually do that?).
It’s difficult for us normal people, who aren’t used to those big securitization words, GAAP rules and IRS regs to understand and comprehend.
Maybe that was your problem?
My best friend and I found that even attorneys (and for sure attorneys aren’t geniuses) don’t want to take the time to study, listen and learn. They’d rather just take the money and run till it runs out and then say, “well, if you aren’t making your payments, what do you expect?” or, “why would you want to save that house if your’e under water?” little do they realize, most of the folks DID try to make payments and were forced into foreclosure by the servicer’s ulterior motives of steal the $$, lie about a modification approval, misapply funds.
ATTNYS THEY JUST DON’T GET IT DO THEY?
I know my best friend just wants everything handed to her on a silver platte too, but Maher told her that she needs to study in order to be able to understand what really happened and not be stupid and go down the path of “they lost my note” or even call it “the loan” because he keeps saying the loan is GONE. So I’ve been helping her by us both reading and studying. She doesn’t even bother to google things on the computer. Go figure.
In response, MAHER SOLIMAN was DISQUALIFIED by a FEDERAL JUDGE for providing FALSE CREDENTIALS and NOT FILING a WRITTEN NARRATIVE per COURT RULES. I don’t know how I said anything different in any subsequent blog entries. BOTTOM LINE: he is NOT an EXPERT WITNESS and an incessant blogger who takes credit for victories of others against banks. He cannot provide any verifiable cases in which he contributed to helping a homeowner. If anyone knows his physical location, we want to serve him a summons to get him into civil court as a defendant. Hope that is definitive enough… Additionally, there are NUMEROUS others who have posted online about his status as a FRAUD…!!!
You also mentioned that ‘judges’ need to be educated. If you’re in a trial, the judge decides. If you’re using a jury, it must be intelligible. I showed his BS to ‘3’ attorneys and ‘2’ paralegals. ALL SAID ITS BULLS****T with an inconclusive argument. Here’s more online info: http://www.scribd.com/doc/81305286/Maher-Soliman-Fraud-Links
MAHER SOLIMAN is advertising on various website and blog sites he is an ‘expert witness’ for people in foreclosure
I paid him $5000 and he gave me a resume of his ‘qualifications’ and a list of foreclosure cases he had ‘testified’ in. I filed these into Federal Court to introduce him as an Expert Witness. There was a deadline for him to provide a narrative of ‘what’ he would be testifying about. He never provided it and we discovered his credentials are phony and the court case numbers were bogus. The FEDERAL JUDGE DISQUALIFIED HIM as an Expert Witness and threw him out of the case. He would not refund my money after demands. TOTAL PHONY….
I am sorry to hear about your pain with MAHER Soliman a few years back he w on talk shoe radio google it and get in touch with the show host and tell her because she was standing behind his bull fortunately I am a yankee and I beware of things that seem to goos to be true especially when being spoken a foregin language as he would try to convince people that he had this hidden knowledge that the banks were afraid of but would never speak of what it was in referance to
Im sorry for your pain,what I have found in foreclosure is to look up the court of appeal cases in your state and see what attorneys are winning cases in your state that may help you or that are similar to your circumstances some of the best legal aid attorneys are foreclosure advocates that know the ins and outs of the foreclosure mess
Hope it helped
Brian
Goi, I would very much like to see a case # for that Federal Judge case that threw him out because my best friend has been talking to Maher, too. From what he gave her to read and learn in her case with Countrywide (now B of A) it seemed like they lenders didn’t have a leg to stand on. But since he isn’t an attorney she said she has had to get an attorney to work with Maher and wants me to get my brother (who is a reputable attorney) to work with Maher…..so I’d like to see if I can head them off at the pass if he is a phony so both my brother and her don’t get burned. do you have any more particulars about what happened in court?
goi
January 26, 2012 at 11:23 AM
Simple stuff: I paid him $2500, his charge to ‘1’ case against Suntrust (xfrg loan to Chase). He took my money and provided a bunch of confusing junk. I gave it to my paralegal, who said it was junk. I gave it to my attorney, said it as junk, and then to my ‘other’ attorney (I have ‘2’ foreclosure cases ongoing), who said it was junk. Throughout the process of “I promise I’ll get you something after I reseach”, he offered to give me a narrative on my other case for ‘more money’ (CW xfrg to BofA case). Again, nothing but junk provided. I set up a mediation meeting with the Bank Asset Manager and their attorney, provided him the date/time/location of the meeting to ‘call in’ and negotiate with me. He agreed, but then did NOT call back (we called him 6x over a 2 hour period during the negotiation). I have several other (junk) items to provide and have contacted the DOJ and CA Attorney General.
Hell No - No More Bankster Bailouts!!!
January 26, 2012 at 12:27 PM
Yeah, same experience with fee paid to Maher and only gobbledygook write-ups were provided by Maher. The crap could not be used by the attorney. I know of several others who got the same junk. He claimed he could file a whistle-blower case that we would get a share of. He never filed one to my knowledge. He kept claiming he needed to find a law firm that would represent him. Other whistle-blowers have managed to have insider cases heard already in the meanwhile.
Do not waste your TIME or your MONEY on Maher.
BTW, the gobbledygook he produces has chunks lifted from other peoples’ work that is available on the web. He makes a botched job of trying to slam the content together. It could even be that he is simply using a website ‘scraping’ tool.
I am also looking for information about Maher E. Soliman. I have information to exchange or share.
Can you furnish a copy of the resume he gave to you?
Biz Coach
February 21, 2012 at 1:53 AM
Here is what he gave me. NONE OF IT COULD BE VERIFIED. The case numbers don’t even match the numbering format in the courts that were called. When I questioned him about some of these, he said they were ‘gagged’ by the court, and he couldn’t give out details. (BS….!)
L Lopez: $50,000 /
Out of Court settlement
M Ramirez: $20,000 /Out of Court
Out of Court settlement / Offer
E Fanning: $25,000 / 120 Days Stay from Eviction
Out of Court settlement / Offer
Case Number: MCV202430
Matter: HSBC Bank vs. Lewis’
Trial: Judgment for Defendants
Court: Superior Court Napa / Santa Rosa
Judge: Gary Nadler
Case Number: 09Q00025
Matter: Wells Fargo Bank NA as Trustee Vs Goines, T
Trial: Judgment for Defendants
Court: Superior Court of CA / Los Angeles
Judge:
Case Number: O Munoz Offer Standing to Reduce Principal Balance
Matter Bank of America Vs. O Munoz
Trial Settlement $530,000 Out of Court
Hearing: Immediate Stay from Enforcement of Writ
Note: From $780,000 to $250,000 (four spate writs of attachments)
Case Number: Hp 08u01401
Matter U S Bank Nat Assoc. Vs Araujo
Trial: Judgment for Plaintiffs
Court: Superior Court of Ca Los Angeles
Judge: Daniel Lowenthal
Hearing: Motion to Quash Service
Case Number Ps08-2028
Matter: La Salle Bank Vs Spicer
Trial: Unlawful Detainer
Won Home at $1million
Court: Superior Court Of Contra Costa
Commissioner: Lowell Richards
Case Number Ps08-2028
Matter: First Franklin V. H Henderson
Settlement: $500,000 Mortgage Reduced
Court: Superior Court of Contra Costa
Case Number: Withdrawn For Out of Court Settlement
Judge: N/A
————————————————————————————————————
Case Number: UDFS900217
Matter: Matter: Bank of New York Vs Medina
Trial: Motion: Defendant – Set Aside Judgment
Court: Court: County Of San Bernardino
Judge:
Case Number: CV 09-00885 JFW JTLX
Matter: Deutsche Bank vs. K Russell
Trial: Court Trial Unlawful Detainer
Court: Superior Court Of Ca Santa Monica Div
Judge:
Case Number: 08u17459
Matter: WAMU Vs Sutherland
Trial: Immediate Stay from Enforcement of Writ
Court: Superior Court of Ca / Los Angels
Judge: William Dodson
Sleuth
February 22, 2012 at 9:56 AM
There is some interesting discussion about this Maher Soliman at the MS Fraud Forum within a discussion thread with subject “Who Is M. Soliman?”.
A couple of Forum regulars have really started to take this scam artist apart there. Soliman appears several times within the thread posting various rebuttals, but the regulars always tear him to shreads.
More recently, he seems to be using various shills or phony assumed names to post his responses. They still tear him up.
Maher Soliman is a fraud and a swindler. It is not merely a matter of his incompetence as an expert witness. Rather, he is a liar with no credibiity whatsoever, who preys upon distressed borrowers. He has a prior history of fraud and essentially no meaningful mortgage industry expereince, except as a swindler. Anyone who pays this man a dime is absolutely out of their mind.
Unfortunately, none in too many states and not enough in all states. They all want to represent the too big to fail banks. BoA has spent more than my house costs on not one, not two, not three but four law firms fighting me as one little pro se person. That’s how badly they want the house. It’s all too crazy for belief.
hello
it is all about economics. it has bee alleged in lawsuits against the banks in mississippi and other states that the banks are making huge profits from the bets against you to default on your mortgage. kentuckyforeclosuredefense.com talks about this in its brief filed against the banks in federal court in lexington ky. ms mckeever is the reponssible attorney. I have talked to her. the bottom line is that the banks make about ten times what your mortgage amount is when they take possession after foreclosure. and the law firms allegedly share in the profits. I am suing the banks for this practice under my fair housing act suit in HUD in region ten in seattle. as discriminatory under fair housing act of 1964 u.s.c 49 c.f.r. 150-200 .
they make more money on the foreclosure than to keep you in your home. this was all figured out by the banks before you even got your loan. in other words you were setup to fail allegedly. all of this is illegal but no one is complaining to their state and federal reps and senators. no one knows about this.
so if you mortgage is 100,000 dollars they make 1,000,000 on foreclosing from the derivatives and synthetic derivatives and hedge bets against you when you are foreclosed on. on to p of that they probably have your mortgage payments in the past or now going into their pockets under the veil of loss mitigation and paying their attorney fees out of your mortgage payments.
it is more complicated that this but that is the short overview.
The notes , separate from the mortgage, may be hypothecated, bundled, sold, several times making additional lenders potentially a claimant against the same defendant. A note is a financial instrument and as such can be sold.
A servicing lender may have the mortgage but not the note. They won’t tell the defendant. This is an ongoing crime for which the state AG’s ought to be suing the lenders on behalf of the citizens.
Today there are competent attorneys in almost every state that are working with homeowners, even reopening closed cases, and sending these vermin running. It is sad that one section of society (MainStreet) has to fight to get the other section (Wall Street) to downsize, but if that is what it takes so be it.
Does anyone have the site for a Foreclosure Trial and Sale in a Georgia Federal District case involving Bank of America and BAC fka Countrywide Home Loans? It also mentions Judges misconduct..
I have read most of these posts and none of them address the credit default swaps and bets and hedges owned by the banks that they cash in when a loan defaults and they take possession.
it is estimated that this amount of money is ten to one hundred times the mortgage amount and these bets and cds’s as they are called are owned allegedly by your lender and servicers.
we homeowners need to see the forest from the trees.
we are focused on our homes, the banks and servicers are focused on cashing in on trillions of dollars of credit default swaps. there is no regulation of this market by the states or the feds.
we all need to wake up. I have a petition before HUD SEC DONOVAN to ban this practice because it allegedly violates the Fair Housing Act of 1964 and 1986. I also have a civil rights case before SECHUD DONOVAN and believe me it is causing a big stir in HUD and my lender servicer. they just wrote me a new first trust loan that I didnt even apply for. so now I have two first trust allegedly first trust predatory loans.
I am not even allowed to know my mortgage balance and have no mortgage statements for either of the two first trust loans for the last previous 12 months from now to equal 24 missing mortgage statements. guess who my lender is. they foreclosed on 5,000 military familes and got fined $ 52 million by the feds for violating the service members civil relief act.
best regards
David
A.A., B.A., M.B.A., C.D.P., D.B.A.Candidate(Pending), DAVPRM(DOD), D.O.D./V.A./S.S.A. 100% Permanent and Total Disabled U.S. Navy/Cold War/Vietnam Era Veteran by VA & SSA(Adjudicated) DAVPRM E3/Midshipman, USNR/USN, USNA ’69, Annapolis, Md. National Security Agency, Ft. Meade, Md. ’63-’65, U.S.S. Drum SS 228, Silent Service, DE-680 Destroyer Escort, U.S.S. Loeser. Permanent Life Member of Disabled American Veterans & Vietnam Veterans of America, Member Uniformed Services Disabled and Retirees Veterans Association, http://www.usdr.org, Member of Veterans of Foreign Wars. In memory of Lt. Orrin F. Black, U.S.N. Retired & Deceased, WWII Combat Veteran Battle of Atlantic, U.S.N.A. class of ’31, Annapolis Md. (70199), Cdr. Richard O. Black, U.S.N. (ret & deceased) Class of ’57 U.S.N.A. Annapolis, MD. Vietnam ERA and Cold War Veteran, Sgt J.D. Black, U.S. Army/USAR Iraqi Freedom Combat Veteran, First Command Master Chief of the Navy Dilbert Black, E-10, U.S.Navy (retired, deceased), U.S. Supreme Court Justice Hugo Black, who taught me in his famous SCOTUS decisions and a distant cousin of mine, as a minority, Cherokee Indian and Disabled Veteran, studying and reading the law to become a lawyer in Virginia, about civil rights for EVERYBODY in the U.S.A.
@david the problem about the cds’s is no one knows about them unless you are awake and have researched this for over 2 years. but if you are new at this hole situation there is no way to no any thing. we were left clueless throughout our lives about secutitization. there is a great analogy for cds’s in a you tube video called the zeigeist addendum. its about knowing your neighbors son in a pyro maniac so you buy fire insurance on your neighbors house give the kid the lighter. the house burns down and you collect. i live in florida wells fargo was my originator and became my sevicer somewhere unknown until i called in 2009 for help (loan closed in 2006) all of a sudden they are my servicer they dont own my loan and the investor did not apporve my hamp loan. i found all my mortgage paper work and noted the mortgage broker lied about my income. an amout that i would not notice but witha job loss would make it difficult to afford this house. in writing i have that wells fargo motgage broker put us in a sated income loan??? even though i have 19 years as an RN with were so high no one would get approved fo rmortgages and besides they were selling the loans so they were not losing anything. how sad for homeowners to find this out now. i sent paycheck stubs and 2 years of w2 forms yet was placed in a stated income loan because i did not qualify fo rhtis house. oh to bad for me there were 2500 homes for dale in this florida county i am sure i could have found a home that i could afford. i had perfect credit in the 760’s my husband was unemployed we were moving from south florida to tampa bay area so my husband get have employment. we did not ask to put right in the middle of this fraudclosure mess. i was extremley ready. the lis was filed 12/16 signed with the lawyer a few days later 12/23 and i was served 12/27. in the foreclosure complaint was my “note” the signiture was 2 fonts bigger then the signature on the mortgage. the signiture does not containe my middle intial where one can see my name typed with my middle initial and i signed the mortgage with my middle initial why a few seconds before or after would my signiture change so dramatically. then the note is endorsed with the rubber satmp signiture of joan m mills from wells fargo. how can a family be tossed right into the middle of this and be at risk for losing their home. wells fargo told us that to apply for a hamp loan we had to stop paying our mortgage how can a bankl you have a contract with and are trying to foreclose on you tell you to break the contract by not paying the mortgage. doesnt that null and void the contract.
hello
please sign my petition to Obama and SECHUD Shawn Donovan to stop all this fraud by these servicers and lenders. they are making money of this. up to ten times our mortgage amounts from derivates and hedge bets against us that we will default on our loans. all of this in my view in my cmplaint to hud in regin ten in seattle is a aviolatio of the fair housing act of 1964 and it provides restitution to we homeowners. I must be right because HUD is really giving me a hard time to see an Administrative law judge in hud about m ycase.
best regards
please click link below and sign electronically my petition.
i signed the petition we can get this lawsuit through. this is just a horrible crime played on us. the new thing is that they changed the BK laws and deficiency judgement laws in time for this bubble to burst. i know alot of people who are short saling this year to escape a DEFICIENCY JUDGEMENT. this is terrible we did not ask for any of this to happen. so they take all the jobs, so we cant pay bills and need a bk, they try and steal our homes. TRY this chick aint letting anyone take my home. forged note and endorsement. wells fargo was hoping i was one of the unkowing i am not. the knowing peopel know this is all a scam. loans designed to fail. so sad my kids do not deserve this. homes needed to mortgaged to what people can afford not to default so the servicers can collect ist credit default swap insurance. doesnt this technically fall into insurance fraud?
1st false appraisals and mortgage application fraud to get us in the homes, then modification fraud to get us closer to default, then the ultimate scheme not to pay because we have to be in default to apply for hamp, then collecting the insurance on a defaulted mortgage that in all aspects is not defaulted because the homeowner asked for help. so we need to file suit for insurance fraud
RICO! Is this about a CRIMINAL NETWORK of SELF DEALING BANK LOAN OFFICERS/UNDERWRITERS (not ‘BANKS’), LOAN ORIGINATORS/BROKERS, Real Estate Brokers, AN INSIDE KING-PING?, VA LOAN GUARANTEE OFFICER? and a Protection racket POSING as LAWYERS?, A CRIMINAL RACKET that has here to fore been well concealed? If so, only to be exposed by the VA LOAN GATE? The VA Loan Guarantee Office is NOT a BANK, or the FDIC or Fannie Mae, or Freddie Mac. It is constructed differently. Thus, it takes a BRAZEN and very CONFIDENT and well organised criminal racket to conceal this type activity over time. Necessarily, it must be ‘go to the top’ of the judicial system, to cover up any leaks as they occur. The ramifications of this VA-GATE, to the lives of everyday Americans, especially in Georgians are unfathomable! How high and deep must the machine of corruption go to sustain such a BEAST? The VA Loan Guarantee officer swears an Oath to the USA not some inside operatives at BOA! RICO PROSECUTE THE ATLANTA VA LOAN GUARANTEE OFFICER! How/Why hasn’t the Atlanta VA loan guarantee officer NOT been prosecuted? Who is his LAWYER????? The answer to that question may be the key to unlock the box from HELL!
WE ARE A GROUP DEDICATED TO RESEARCHING, ANALYZING, REPORTING, EXPOSING, and DEBUNKING. WE ARE DEMANDING THE PROSECUTION OF A (now apparent & HERETOFORE) well concealed organized TREASON emanating from a ROGUE ‘CLIQUE’ operating from within the Atlanta Veterans Administration Loan Guarantee office. The VA Loan guarantee officer SWEARS AN OATH OF OFFICE to the USA not BOA! He is NOT a BANKER, and the VA is NOT a BANK! This is a sacred trust that the USA has with its veterans and taxpayers. Its VERY different in ALL respects to the FDIC, SEC, FANNIE MAE, FREDDIE MAC, at every level. DOJ: FOLLOW THE MONEY! WHY WOULDN’T/DIDN’T YOU? THE VA LOAN GUARANTEE OFFICER IS A GOVERNMENT EMPLOYEE! NOT LIKE FDIC AND FANNIE MAE AND FREDDIE MAC EMPLOYEES WHO NOT GOVT EMPLOYEES! SO WHAT IS GOING ON THAT THIS WE CASE WAS FILED IN 2006! 5 YEARS IS A LONG TIME TO COVER UP MAJOR CRIMES! FAILURE TO PROSECUTE IS TO BECOME AN ACCESSORY AFTER THE FACT! How can it be stated that this case was investigated since 2006, yet they do not know how much money was stolen? Can it be then understood they do not know to whom it went? WHAT GIVES!? The DOJ claims to know little of this case! Yet they have had since 2006 to decide not to prosecute based upon INVESTIGATION?.WHO INVESTIGATED THIS CASE? There has been too many years to implement a COVER-U , OBSTRUCTION OF JUSTICE. Why wait until 2011 to unseal the 2nd AMENDED Complaint! Money laundering and tax evasion on a massive scale. IMHO. “God help any bank that takes this case to trial,” Burns said. “A jury’s only question is going to be ‘how much do they have?’ ” – Damn RIGHT Mr. Burns! We DEMAND a CRIMINAL TRIAL on behalf of EVERY American Veteran and Taxpayer! It would APPARENTLY seem that this case is more likely about a racketeering enterprise involving the VA Loan Guarantee officer in Atlanta Decatur GA, high powered attorneys in Atlanta (Decatur-Dekalb County, GA), loan officers at banks, and loan brokers.case Why doesn’t the DOJ want to FOLLOW THE MONEY and recover the stolen funds for return to the US tax coffers? Why allow a law firm to handle such a Federal Criminal case. This really is serious. We all must demand that this case be prosecuted by the DOJ and we must get answers. Lawyers cannot be expected to put fellow lawyers in the cross-hairs of the Federal Govt! Its not right to expect them to do it! They would protect the lawyers. So if the lawyers are part of the racket, it would seem to make it impossible to get this case investigated! A lawyer involved in Federal Crime is not involved in state licensing ethics issues, or state legal issues.A lawyer involved in Federal Racketeering is a RACKETEER operating UNDER COVER OF A LAW LICENSE, thus he is not a lawyer at all in this regard. Only operating UNDER COVER OF LAWYER! Thus this APPARENT RICO CASE MUST BE PROSECUTED BY THE FEDS! None of this makes sense no matter how its looked at! This case MAY be the NEXUS that can break the grip of the Mortgage Fraud Racket. We need to demand that the ORIGINAL and 1st Amended Complaints be released! This is a different beast then Fannie Mae or Freddie Mac or the FDIC. Far different. IMHO http://deadlyclear.wordpress.com/2011/11/26/1448/http://www.washingtonpost.com/politics/suit-alleges-banks-and-mortgage-c… – PROSECUTE THE ATLANTA VETERANS ADMINISTRATION LOAN GUARANTEE OFFICER! https://4closurefraud.org/2011/10/05/unsealed-complaint-wells-fargo-bank-of-america-j-p-morgan-chase-and-gmac-mortgage-engaged-in-a-brazen-scheme-to-defraud-our-nations-veterans/
CHAPTER I: DEPARTMENT OF VETERANS AFFAIRS Part 0: Standards of ethical conduct and related responsibilities http://cfr.vlex.com/source/code-federal-regulations-pensions-bonuses-veterans-relief-1087
On Dec. 9, the court of appeals ruled in my favor setting aside judgment of foreclosure and sale of my home on a procedural issue (default judgment where there was no default). Less than two weeks later, I received a notice of default letter from Ocwen attempting to re-start the whole foreclosure process. Problem is that the foreclosure case is still active, with no further proceedings having been started since the court of appeals opinion was handed down remanding for further action. Isn’t this action by Ocwen a violation of the Fair Debt Collections Practices Act, harassing me with starting over when the first action is still going on?
Watch this video by an NY attorney that discusses a recent development about how courts are requiring the banks and their attorneys affidavits confirming that the foreclosure is NOT a defective foreclosure before commencing foreclosure proceedings. Interesting.
I find very few reasons to agree with the so-called “Tea Party” gang, but in this case, count me in. Governmental agencies that are designed to regulate, in too many cases, either are lagging in handling complaints or not handling them at all. They are not regulating.! That means that many of government’s employees, federal, state or local, are being paid to deflect, confuse or to make simple cases complicated, without providing aid and assistance to taxpayers and consumers. Take the Department of Labor, for example. You look on the Employee Benefit Security Administration (EBSA), website, and what you see are announcements of investigations they’ve conducted, new enforcement programs they’re starting up, or companies they’ve sued, followed by not so glowing results. On their website is a page for filing complaints, reporting a problem or asking questions. Try filing a complaint and see where it gets you. Shifted from one division to another, which ends back where you started. Write to the Seretary of Labor or the IRS Commissioner, as I have, and you get no response. Nothing! The Internal Revenue Service is supposed to investigate and take action against mortgage lenders who make money from refinancing mortgage loans or pay taxes. But so far, reported and acknowledged fraud among these lenders is on the shelf. Meanwhile, you and I, who have made claims, filed complaints, or sought help, are frozen out. I’m sure 4closurefraud.org knows exactly what I mean. We have no regulation, either of employee pensions, mortgages or loans, nothing, nada. Finally, as the Greenlining Coalition has acknowledged; if the IRS provided the response to yours and my claims for Mortgage Debt refunds, we would have no mortgage crisis. You and I wouldn’t be paying more for our homes than they are worth. Fraud causes this you know, along with government complicity and thus, acquiescence. As host of harperenterprize.com, and as a taxpayer, homeowner and consumer, I will be working alongside web hosts and others who want to expose this lack of regulation, and establish an effective regulatory force. First, make these agencies justify every penny they get in budget allocations; Zero-based budgeting. If they can’t, dissolve the agency, or exclude the excess. Time for an overhaul.
Wendell, you are right on the mark. While relying on the so called consent Order from the Comptroller, I sent a complaint and supporting documents against JPMorgan Chase Bank and how the bank was about the business of fraudulently foreclosing my mortgage and my home. My complaint was sent to the Comptroller’s customer service. When that happened instead of being referred to an investigate or enforcement arm of the agency, I knew then that my complaint was destined for the land of thanks for coming it file maintained by an agency that decides not to get involved with a citizen and his or her complaint. Sure enough about three months later, my thanks for coming in letter arrived. But the United States of America’s resourses in place to protect its citizens is even more egregious than agenices. It extends to courts. I can attest first hand based on my experiences with courts, that judges presiding over them see no duty to protect citizens who come before them. Judges resolve cases based on their personal ideology and views having nothing to do with the law. Attorneys accept such conduct for fear of retaliation by all judges before whom they make their living while pro per litigants are without recourse because our society trusts the courts and is with the general view pro per litigants are not sophisticated in the law. I have a proof positive case against four judges of the United States Court based on claims of fraud upon the federal court based on judicial misconduct by federal judges. The Case is under Williams et al vs. JPMorgan Chase Bank et al. USDC Nev. 2:10-00118-PMP-PAL. The federal judge who is taking senior status in a matter of days made a fraudulent Order authorizing Chase Bank to subject me to a foreclosure. After noting that there were no mortgage instruments presented by Chase Bank in my case period much less that authorizes Chase to foreclose my mortgage, the federal judge order simply includes wording authorizing Chase Bank to foreclose my mortgage without the mortgage or any other instrument whatsoever. When I brought the matter before the federal appeals court and apparently motivated by maintain the integrity and reputation of the trial judge, the appeals court three judge panel dismissed my appeal while covering up the Record of evidence showing the false and fraudulent order and the Record showing how the judge had mismanaged my case. Because my wife and I are ordinary citizens, we have not been able to get a response from a state or a federal agency – including the United States Department of Justice or the FBI. Chase Bank is openly and notoriously about the task of defrauding us of our home – doing so with the confidence that in America corporations rule. Washington Mutual Bank who apparently mismanaged my note was my lender, while the Record shows JPMorgan Chase Bank having nothing whatsoever to do with my note. A bank should not be able to enforce a foreclosure without the note or any other documents establishing a bank’s involvement with a note. But this is the case here. We fight on but this nation of laws has shown more to be a lawless nation, White collar crimes are more egregious than other crimes. They usually involve a much higher property value and often times leaves victims with no avenue of restitution. Yea, the white collar criminal sometimes is jailed, but the victim is left pennyless, We, the citizens being duped by the US system(s) of justice need to come together to create straw agences, much like the British has in place a straw government. Citizens with knowledge to do so in each of the respective fields should operate under straw agency counterparts to each and every federal agency, yes, including the courts. Private concerns such as the ACLU should provide a legal arm of the straw agencies created by citizens. Funds to facilitate all of this should come out of our pockets and any trust, endowment or grant that is out there. Right now citizens without counsel and sometimes even with counsel have no recourse when an agency or a court decides against enforcing a citizen’s right. There is so much corruption on the civil judicial process that it is no doubt in my mind that is spills over into the criminal judicial process. My personal experiences before state and federal courts are so extensive that I can, and if the LORD lets me live long enough, write a book. The book I intend to write won’t change the corruption taking place within courts or agencies of the country, but it may serve to notice citizens what to expect and how to mitigate fundamental violations of their rights as they seek redress and remedy from courts or agencies. I can independently be reached at rnwil3@aol.com. I am not kidding about citizen straw components if we are to ever be able to secure any kind of consistant justice. As I heard before, the United States of America is truly rapidly being converted into The United Corporations of America protected by America’s courts. Citizen United only scratches the surface.
I have an attorney in Minneapolis that will depose Joan M. Mills of Wells Fargo. She is a rubber-stamp-wielding robo-hobo endorsed-in-blank vixen. Seeking participants to defray the costs ($600-700). contact me at usedkarguy@yahoo.com and I will give you the attorney info to make your contribution. Put MILLS/DEPO/4FRAUD in your subject line. Once she is deposed, we can put it on SCRIBD for everyone to use (like the Jeffrey Stephan depo). Thanks all, RPR
One way to tie up lenders: If you are a borrower, file a 3949 form for “failure to report”. Mortgage Lenders, whether banks or otherwise, have not reported the income they received on mortgage loans or that have been refinanced, new homes purchased, or home equity loans. All lenders are required to report this income and to pay the taxes. If you have refinanced or taken out a loan, doesn’t matter whether it’s past the statute of limitations; what matters is that these lenders have not reported the loan amounts, the prepayment rider, points or other fees they received from the transaction. If you file a 1040x, or amended return, even when the lender is foreclosing, you will have a legitimate claim for all the loans you refinanced or took out. Try it and see.
Wendell, The banks and mortgage lenders do NOT LOAN a home borrower any money, because the Federal Banking Law prohibits the bank from loaning their money or credit or loaning any of their depositor’s account money so where do you think the mortgage Lender or Banks get the money to loan you? These so called mortgage lenders and banks get the money in the form of a FREE loan to them by your debt signature on the promissory note when they stamp an illegal allonge or alteration on your promissory note that turns your signatured note into a check and the lender or bank endorses your promissory note. You just gave them the FREE LOAN and the lender or bank gives it back to you as a loan so they do not have to pay Federal Income Taxes on the money you unknowingly, without authorization, and undisclosed by the mortgage lender or bank lent them. Read more at 1RealEstateHomes.com. So all the money including principal and interest that you have paid on your ‘mortgage loan’ is tax free to them. Are you going to let the banks and lenders get away with this fraud?
chapter 13 allows second trust lien to be stripped in bankruptcy in all states perhaps but in oregon and washington state for sure. http://www.olsendaines.com has more info on that.
Anybody have more information or documents regarding PHH in the State of Florida? Specifically looking for cases involving Shapiro & Fishman and their use of affidavits and notaries. Thankyou in advance for any additional leads. I am tracking several former employees which are starting to talk given their fear of depositions and such.
cant wait to read what the former employees are saying? are you going to post it? where can we send information to you on cases of fraud by shapiro and fishman and BAC/BofA?
I have a DOT with a loan number typed in and signed by me. Four days after it was signed the bank hand wrote on the DOT a DIFFERENT ACCOUNT NUMBER on the first page. The bank then recorded the document and the original was sent to a title company in FL. Not where the banks home office is located.
This was a HELOC and no money was ever loaned on the original account number however, all transactions and money were referenced by the hand written account number.
I am in court trying to prove that changing the account number is not legal (no notice and I did not realize it had been changed until after a foreclosure). All foreclosure documents and money refer to this second number. Nothing refers to the original account that is on all documents that I signed. I never signed any documents with the second account number.
It seems that this would be a material alteration of the DOT and or that the second account number was not secured by the DOT or note.
Is that the only grounds that you have because its similar to my case it appears that when the loan is being service is has a different number for some reason.
Jim in Dallas
December 12, 2011 at 10:30 PM
This was one area I thought was huge. I understand that it also means when the loan has been sold another number appears to collect again.
Also my DOT did not have a tenant in suffrage clause, which does not allow them to evict. Most DOT do have that clause on default.
My August 2007 FHA/HUD loan was with Lend America,then sold to Wells Fargo before first payment went out,found out 7 months later after purchase of home that the Appraisel was never finished on home,cause of no entrance to attic and no ventilation to attic.And in seller discloser they stated that Home was Contructed on site in 1988,but found out that the Home was Manufactured in 1981 and moved on site in 1988.The entrance to Attic was sealed off by seller to help hide the fact that their is structural damage and leakage and that it was a manufactured home.My Real Estate Agent was also working with seller of home in which they call it ” Dual Agent ‘. I have contact F.B.I. & Pa Enforcement & Investigations,and NO charges were put against these Criminal Act of Fraud.I had ask for legal Aid and was told that they were NOT permitted to litigate in these matters.now my Home Foreclosed on has been sold back to the Bank in Sheriff sale and I am being Evicted. How do I fight Fraudulent Activity without any Legal Reprentation ?
Just got a California Trustee’s Sale notice from MERS for American Brokers Conduit . . . anyone know of 9th Circuit or California authority discrediting MERS as a servicer and does anyone know anything about American Brokers Conduit? They seem to be defunct. Thanks for the assistance.
BofA is supposed to tell me exactly where my note is if I send a QWR right? RIGHT??? Because they’re saying they don’t have to (“your loan documents do not provide for such an inspection.”) Sounds like bullsh*t to me. We signed a mortgage with them, so they’re responsible, RIGHT?
I had to fight them because they only sent closing documents in response to my QWR. I complained formally to the OCC. Then I get letters from the “Office of the CEO and President” saying they have 60 days under RESPA when in reality it was amended to 30 days. I formally complained again to the OCC to let them know BofA was trying to pull a fast one. BofA responded AGAIN with only closing documents and gave me that “we don’t have to tell you this because your loan dox do not provide for such an inspection” line.
They say that FHLMC (Freddie Mac) owns my mortgage. How is that possible when it’s been transferred to MERS by public record? It’s bullsh*t is what it is. They don’t know where the note is, and Freddie Mac is merely the insurer. I want to know how my mortgage was securitized, because it was transferred to Countrywide and I am SURE they slopped chopped diced and sliced it up, and I want to know exactly WHO “invested” in my loan.
Any advice is greatly appreciated as I would love love love love love to take ’em for quiet title but I just don’t know at what point I’ll have the grounds to do so. More formal complaints to the OCC requesting specifically my note? I know I could take ’em to court for lack of response to my QWR.
I’m receiving the same run around…it’s been over 4 months with no response to a QWR. So, I sent another in depth detailed sheet to them…and now it’s been 2 months with no reply. My loan was originated by American Home Mortgage and I know which trust it went into, found the PSA using the EDGAR website. BOA can show up in court and produce fraudulent assignee docs or they can “Pound Sand” ala Justice Page.
Depending on your states laws (judicial vs non-judicial) you may have to drag them into bankruptcy court and have them produce all the documents, PSA, assignments…and then you’ll have them.
**Anyone who is working in Virginia with any success, please reply….I’m searching for additional causes of actions and strategies to thwart these thieves.
k.b.
December 7, 2011 at 10:55 PM
wow so you found your PSA! is it possible for an average person like me to do the same?
i am in a judicial state. i feel that because of the bank’s crap responses/blatant lies made to me, there’s no reason why i shouldn’t be concerned about my note and chain of title having been broken. my concern only grows with each day’s new lawsuit.
if it’s been so long and you’ve not heard a response from the bank, you should definitely file a formal complaint with the Office of the Comptroller of the Currency here: http://www.helpwithmybank.gov/
filling out the online form is very easy. you have 45 minutes or so to fill it out. so that i didn’t run out of time, i drafted my letter and pasted it into the form. be careful as I think there’s a character limit (though i had SO many more words to include 😉 they’ll assign you a number and you *may* get a better response! don’t even give them another copy of the QWR as you’ve sent it twice. if the bank gets back to you and gives you some “we have 60 days” BS, just fax another letter to the OCC, include your case # big and bold, and let them know that the bank isn’t playing by the rules 😉
go into mers and find out who the investor is. mers.org and have your mers number. then find out who your trustee is that is overseeing your loan. write the trustee and demand the trustee reports . in other words follow the money. and find out how many times they sliced up your mortgage. federal law required them to have your note and deed of trust i ntheir vault at all times. the original blue ink docs that you signed. I have heard from oregon attorney general bof a has been forging documents like the deed of trust and promissory notes and loan docs since they dont have them in the first place. I think the FTC or federal reserve and the new u.s.consumer financial protection agency in d.c. under richard cordary former ohio ag has the authority to compel them to answer you . his website for the agency is on the internet.
best regards
DAvid
k.b.
February 9, 2012 at 3:41 PM
something just “clicked” for me. i have received two QWR responses from the bank… and each time they wrote that the deed of trust was included. but, upon further review, both times I have not received a copy. unless i’m missing it each time i flip through.
wow. so i don’t know who the “trustee” is for my mortgage. unless the “investor” listed on the MERS site and the trustee are the same things? FHLMC is listed as the “investor” of my mortgage on the MERS site.
I purchased my condo in September of 2006. It was an ACORN Loan w/ BOA; minimal down payment and interest only for years 1-10 and a normal 30 year fixed at 6.5% years 11-40. I made 15K in improvements and I could easily add another 30K. But when the market bubble popped any more money spent may as well be flushed down the toilet. I am currently 50K underwater, more if you include the money i spent on improvemtents but I am current with my payments. I attempted a short sale and I thought we had it in the bag. I had a fair offer and I was ready to learn from this horrible experience and get on with my life. All indications from BOA were positive. In the final week before the closing the INVESTOR (BANA LAS HFI 1st LIEN) nixed the deal saying i did not have a hardship. Hardships are relative to individual circumstances. I have no incentive to perform the necessary repairs and any further improvements to the property. I can not make the property cash flow. It is a huge albatross around my neck. BOA and BANA LAS HFI 1st LIEN have placed me in a position where difficult choices are necessary. At this point I am inclined to strategically default. This is my first experience buying a home and I seriously doubt that I will ever do it again. For me renting is far more attractive and certainly less stressful. My faith in our government, Wall Street, the Banking Industry and our elected officials is non-existant. Their greed and failure to conduct business in an ethical manner has placed good people in this unfortunate position. Normally I would honor my financial comittments. At this time I feel no guilt or remorse in walking away. I, like so many, walked unsuspecting into this nightmare.
I am currently fighting a foreclosure here in Colorado and need case studies from anyone in Colorado that have been Successful with fighting MERS and secularization issue foreclosures. Colorado is the Worst in the nation
for standing up for the homeowners. Please I need any case studies as soon as possible. Thank you.
Clearly chase and the rest of these banks still can’t be trusted. It’s all a big joke to them. They are ignoring the law, and lying about changing their illegal tactics. They broke the contract with the government and just took our money and said screw americans, the government and america! Any judge who still ignores these facts is not fit to be a judge. I personally would be outraged as a judge for the lack of respect and the mockery they are making of our legal system. How dare these arrogant bastards piss on america and then try to tell us it’s just rain. A judge who allows this conduct to continue should be held liable for aiding and abetting and charged with treason. How much longer is our government and our so called regulatory agencies going to let these criminals make them look like weak scared idiots? To us and the rest of world! What lack of respect and nerve these people have. Committing fraud on the courts to steal our homes and rob us blind while our families and friends over seas sacrifice their lives for us, them, and this country! And then spit and piss in our faces for it. UNREAL!
Judge Phillip Pro, United States District Judge for the Nevada District.
About two weeks ago, I presented the 9th Circuit Court a complaint of judicial misconduct against the above identified judge. Its kind of a long story but I will make it short here. I sued Chase Bank, our trustee company and a law firm and employments for subjecting us to fraudulent foreclosure practices constituting fraud and also violations of several sections of the Fair Debt Collection Practices Act. The gist of our lawsuit was that Chase Bank could not enforce our mortgage note and trust deed for not being our lender and for not having possession of any mortgage instruments whatsoever (note, trust deed, assignment or servicing contract) establishing standing to enforce our note, subjecting us to foreclosure. What did Judge Pro do? He simply engaged in conduct proscribed under the HOBBS ACT by making an Order that provides Chase Bank an ARTIFICE they could use to continue to extort monies from us under color of our note and deed of trust, While the Order (falsely) reads that under the terms of our loan Chase Bank can collect payments and pursue foreclosure of our home, there are no loan documents in the federal Record providing this. Judge Pro unbelievably made an Order that stands alone as authority Chase Bank could rely to subject us to foreclosure. Fortunately the state of Nevada did better. Because effective October 1, 2011, a foreclosing entity is required to FILE documents properly endorse and showing chain of legal title authorizing a foreclosure. It is not by happenstance that on October 1, 2011, foreclosures were reduced over 50%. Two more things: Judges are public employees who rely on mortgage backed securities and other such securities to maintain their pension accounts in the black. Need I say more? It was reported that 80% of the houses now owned by foreclosing banks remain vacant. In order for a real estate transaction to be completed the seller must qualify the house for title insurance. Wonder why the houses remain not sold? Anyone knowing a lawyer who would like to come on board with is please contact us at 702 270-9937. We did everything in our federal case in pro per. We have a comprehensive and compelling record of document evidence that remains a public record under our federal action. It presents a roadmap to liability under a host of legal theories – including the Racketeer Organizations Corrupt Act. (RICO)
Do you know how many foreclosures have been made by the following banks:
Wells Fargo
Bank of America
Citi Bank
JP Morgan Chase
Thanks!
Lynn
January 14, 2012 at 9:55 AM
Go to your local Sheriff Sale page and you can start getting an idea of what is happening. My own home is in action with Wells Fargo right now, so I check my county page every day.
Trial for Eviction for forclosure imminent (Fr9), Have Forensic Audit concluding Loan Was Fraudulent, maileddemand letter to lender who did not respond in timely manner, finished w eviction lawyer procedings, what if any options to stay in home6197503838
Got an attorney for you ….. contact me at forensicforeclosureauditors@gmail.com. These attorneys know what they are doing. It does cost but let me tell you I am working with them now on my house and they mean business. I am going on 5 months without having to pay and still have not received a foreclosure sale date. They are still working on my case but I am happy with the results so far. Now understand there are NO GUARANTEES as with anything but you have to just be prepared to fight. Just be resolved as I always say with the wort case scenario – you can either walk away or file bankruptcy. If you are resolved with that being the worst case scenario; than you are ready to fight for you home. YOU CANNOT BE SCARED!!! That is what they want you to feel. You have to be strong, courageous and stand up for your rights!!!! That is what I decided to do and that is what I am doing. These lawyers work in all 50 states. But the cost to me is low….and worth every bit.
K. Dean
November 18, 2011 at 2:04 AM
Hi D. Perry.. I have been a victim of a balloon plan that has exhausted all my savings. My payments started at $900.00 per month in 2004. Now I am at $2,200.00 per month and its steadily going up.. I am about to lose my home of 16 years and I really do not know what to do. I think I have a pretty solid case, especially that I have signed the loan in 2004 for a fixed 5% rate. My loan started at $175,000.00 in 2004. In seven and a half years I payed the bank more than $110,000.00. Do you know how much I owe them now?? $178,000.00.. That is not fair. Now they are threatining for forclosure. Please help. http://www.prestige.fashions@hotmail.com
Got a notice from Wells Fargo a week ago..(we have been late on payments but making them…) they want to refinance etc…and offered to do so in this letter…..what should be our first move be (in DFW/Denton Texas area)? Anybody suggest a lawyer? I was just told about this site by a friend…SCARY stuff!!! What have I been working foor all these years?!? I only gave these folks money to get a note at the end…and now there might not be a note to have?!?! Fraud in the enducement?
The above federal statutes provides you the right to direct a letter to Wells Fargo demanding any information you may require concerning your mortgage and mortgage account. The Act requires a response by the bank to your letter within twenty days. The Bank also should be able to provide you a certified copy showing that they are either in possession of your note or is the duly representative of the person(s) or entities possessing your note, thus the right to enforce it. The most important document – particularly if Wells Fargo was not your original lender – are documents showing/providing a valid transfer of the note/mortgage but also that demonstrates the precise reason for the transfer – i.e. sales transaction, transfer of serving. Your state has its own version of the Uniform Commercial Code as does most all states. The Code codified under Texas statutes, dictates precisely the steps taken for a note and its benefits to be transfered. The paperwork in the possession of Wells Fargo must have been executed, transfered, etc. precisely in accordance with Texas Law – the codification of the Uniform Commercial Code. We are a couple who has proved not only JPMorgan Chase Bank as subjecting us to fraudulent foreclosure practices, but have also since proved that the federal courts adjudicating our claims – trial and appellate – as being complicit in the fraud. The problem is that the powers that be that the law provides us to go to simply won’t respond to our claims against a major bank, Judge Phillip Pro – a judge for the Nevada district court, or the 9th Circuit panel that covered up the judge’s conduct. I am poised to file a RICO complaint against not only Chase and its lawyers, but that also includes Judge Pro. As you can tell, my two and a half year efforts to vindicate our rights has taught me much. My Case is under Ronald Williams and Jann G. Williams vs JPMorgan Chase Bank, Chase Home Finance, California Reconveyance Company, The Cooper Castle Law Firm (and two individual employees – one from the bank and one from the law firm) USDC, Nev. 2:10-cv-00118 PMP and USDCA 9th Cir. 10-16102. On October 16, 2011 in an effort to nullify the cover up by the 9th Circuit of Judge Pro’s Order based on fraud, we filed a Rehearing Petition with the 9th Circuit that is pending. Another distressing point. Being a person with a 4 year degree in Political Science, I have always held the belief that Republican appointed judges leaned towards corporations over people and the opposite as it pertains to Democrats. That is until the 9th Circuit’s recent disposition of my Case. The Record partially set out by my rehearing petition shows three Clinton appointees of the 9th Circuit’s total and complete misapplication of the law – all for the purpose of shielding Judge Pro and JPMorgan Chase Bank from their fraudulent conduct. I can say all that I am saying regarding the judge and the bank because I have concrete evidence that in the form of the Record of my federal action. We are vigorously trying to shop our federal record to each and every agency – state and federal – to achieve vindication. I have drafted a comprehensive complaint under the RICO that identifies Judge Phillip Pro as an Associate In Fact who by his Order dated April 5, 2010, engaged in the last predicate act in furtherance of the fraudulent scheme (“Enterprise”) of the fraudulent takeover of our note and deed of trust by JPMorgan Chase Bank, commencing on October 10, 2009. Our complaint cannot be more emphatic and with more evidence than ours. The problem is our status as being ordinary citizens. The Wall Street and other sitins nationwide precisely respond to what is currently happening to us in our case: In broad daylight and supported by a Record for all to see: a major bank and federal court judges engaging in acts to facilitate the fraudulent taking of our house. Thus far, we have not been able to get anyone or agency to do anything about it. We are at rnwil3@AOL.COM. My RICO complaint while citing the federal Record as proof, is available for transmission to anyone or agency interested. 702 270-9937. Publicity appears to be the only avenue left to us.
Hi Mike…..I am a fellow Texan as well and the same thing happened to me but since I have educated myself so much with all of this fraud I decided to get a forensic audit done regarding my house. It was done through legal specialists and after getting the results of the forensic audit back….it was just as I figured from all the research I was able to do on my own…. the information I found on my house was on the audit and then some. After the lawyer went over what was on my forensic audit, my husband and I decided to fight back..:) We call it OCCUPY HOMEOWNER FORECLOSURE FRAUD. This is our way of fighting the banks by taking them to court. The lawyer for us is reasonable and we have not paid a house payment for4 months and the servicer has yet to send a foreclosure notice. Right now they have to show and prove. However, if they take too much longer it will be going to court according to our attorney. The funny thing about our situation is that this company had a cease and decease in California, Oregon and Georgia….. That is what I found out through my research. You have to make the decision you are comfortable with……some people want to fight but get scared and given in…. WE ARE DETERMINED TO FIGHT!!!!! You have to think about what is the worse that could happen either you walk away or file bankruptcy. If you are OK with that resolve than you are ready to fight. If you are ready to fight than I will be happy to give you the information of the people who are helping us. I am very pleased with what they have done so far. We were going to go Pro Se, however, we have so much information and proof on how the judges here in Texas are paid off and corrupt that we decided to fight with an attorney.
fraudstop
November 4, 2011 at 11:38 AM
D. Perry, curious what company you are taking about that was told to cease and desist in Oregon, California and Georgia. I live in Oregon and I haven’t heard of any lenders, servicers, collectors etc. with a cease and desist order here.
Elizabeth
November 4, 2011 at 1:11 PM
were are you in texas
D. Perry
November 4, 2011 at 4:22 PM
To Elizabeth…..I live in Sugar Land, Texas.
To fraudstop….. The company is one in the same they are NAD Acquisition 3 aka National Asset Direct Acquisition 3. They are also dba iServe Servicing Inc. the link to the cease and desist in Oregon is listed below…hope you can open it…….
Hi D…. Have a dear friend facing foreclosure here in Texas. Please keep
us informed of your case.. She can’t afford an attorney. Thanks, Paddy nrgymed@aol.com
N Oliver
November 8, 2011 at 10:20 PM
Can you please send any contact info for the specialists that performed the forensic audit ? Also, if possible can I ask for the attorney’s name. Truly appreciate the assistance.
Many Thanks
Be careful Mike….I had a friend almost lose his home because he accepted a lower payment program from BOA, a year in they yanked him from it though he never missed a payment, demanded all the “arrears” of the difference in payment then filed for foreclosure because he didn’t have the ability to pay it all back immediately!!
I am looking for a notary public Erika Reyes who’s commission # was 1455401 and expired 12/09/07
I think she was a new century or home 123 employee. I heard that anything these people notarized broke the CA notary law (they didn’t keep logs) and the assignments they notarized are void. I just had a mortgage assignment show up in my registry of deeds a few days ago that looks fishy and was made by the Richmond Monroe Group. It states that my loan went from home 123 straight into a scrutinized trust on 8/4/05. Any help please email me at : aladdin786@comcast.net
We began to take on MERS as’ nominee’ for Fremont Investment and Loan, in a Servicing and pooling agreement via CitiGroup (dated 5 mo after house note, and exists no where in my note). Changed lenders via a blank, except for the undated, not numbered, non-notarized, random signature page. Supposedly signed by a Steven K. Patton, Sr. ‘VP of MERS’- to HSBC But wait! First it went through Wells Fargo, while being ‘serviced’ by Litton, who was named as the ‘lender’ in some of my documents. The battle for the house started in ’08-just after filing CH13, just before they began to try to foreclose. Just as my husband went to Iraq, to work for a giant Department of Defense company – the only work to be found when our 20 yr old electrical business bit the dust.
Well, since he was making a good salary – working in a war zone, dressed in protective gear, half a world away, at 120 degrees…it seemed like a good way to “put away some money” at the time….Enter “The Re-payment Plan”, to qualify us for a modification – $4550/mo for 23 months on an $1800/mo note because of fees, penalties and figured in Payment Pyramiding. Loan loaded with masses of violations and blatantly fraudulent. My Super Great Modification?? A Re-Finance is what it looks like, 4.95%, 30 years, payment $1890/mo, and if there’s any left over, a Balloon Payment at the last payment date. What?!! Yep, on a $252,000 note, that I had just paid almost $60k into on top of the previous payments, I get to pay off $290,000 (+/- a few k) and for Another 30 Years! Something is definitely wrong with that! We signed it though, but I’m not sure why, as I’m not thinking they have any right to the note!
Too bad, I live in CO – non judicial and I can’t find a lawyer ANYWHERE! My BK lawyer took me to the cleaners but didn’t help on my cars or house one bit! Actually, left me worse off than I was! Had to get different cars – with horrid interest, of course! Wouldn’t deal with the taxes (had a bad audit I couldn’t defend, I could but it wasn’t allowed during bk – as only one Federal case at a time seems to be the rule!) And she didn’t put in about 15k in Medical Bills…sigh, cry, scream.
\
My husband came back, after his 12 month contract was up, and not renewed – project was done. Unemployed and looking hard for 8 months – did I say savings? There it went. I was told by Litton, at first that all the “laws weren’t in place yet” to help us, then that we had to be at least 3 months behind before we qualified for anything, and that we had “just had a modification”, and so much more. Asked for unemployment relief that I had read about, apparently the servicers and lenders don’t know about that yet. Well, thank God, he found a job!
But now we are a looong way behind on whatever mortgage there is on the house, doesn’t look like I can do this alone.
I did research, found the “rules”, figured out how to find the issues in my note(s), and wrote my responses to the Foreclosure we shouldn’t be in. HSBC filed NED on 5/3, Litton had given me (yes in writing) until 5/4- -yes, I milked it till then, but got it – the HAMP paperwork in-and verified. Next Day, a Notice on the door. Then, same old crap, No contact, Litton didn’t know why HSBC was involved, told me it would be on ‘hold’. Then that it wouldn’t be on hold, but no sale while they ‘evaluated’ (yup, recorded the conversations too).
So I went alone to 120 hearing, Plaintiff’s attny perjured herself in court, and though I objected, with proof, and objection was granted,…the Trustee apparently thought perjury in his court was okay. This is rich: So as they hadn’t shown on July 6th to our appointed 120 hearing (no she wasn’t fined for failing to appear, nor was the case removed), the 120 hearing was put off to late Sept., and again, I had all manner of proofs of predatory, usury, TILA, RESPA, even now HAMP violations, Flipping, Equity Stripping, Missing Docs, Incorrect PUD, over 10k in YSP on the 2nd for broker (2nd being 63k when Fremont split my loan in the ’05 refi) plus OH so much more.. I heard, “I see the procedural issues, but we aren’t here to discuss those.” from the Trustee/Judge.
So Trustee sets sale date for 11/2–while I am still being eval’d for HAMP, even got a HAMP double escalation to deal with Litton. Who sold my Seriously Upside down (try hse worth 225K, bought for 285k Fremont split into 2 notes at refi, so ‘only’ owe 286k on 1st – after 9 years.) Off Track, Sorry, Litton, just last week ‘sold/transferredd’ it to Ocwen–the same company Fremont sold the 2nd to, Ocwen then sold to Real Time, and now apparantly DB Structured Products owns what I though was washed in the BK! Litton AND Fremont claimed 286k each, and Ocwen claimed $68k, in my CH13 turned 7 (in 2/2011).
I’m thinking that’s not in Ocwens best interest to purchase a defaulted/foreclosing note, just as it wasn’t in HSBC’s when MERS ‘sold’ it to them (nor were we under 700 credit score, so should not have had a sub-prime ARM in ’05 to start with) – although it says FIL did the selling to HSBC in ’08, and somehow lists Litton as ‘lender’, but by that time FIL was no more – shut down by OCC so far as home lending goes before that confusing transaction.
Last thorn? I Just got off the phone with the HAMP rep. The supervisor that had helped me before wasn’t immediately available, so someone else was “going to try to assist me”. As soon as this first one heard that Litton was transferring the loan before the time frame for response to the “NPV denial” to the HAMP modification, she about flipped. She said something about how that wasn’t legal, and that she would need to speak with her supervisor about making a “trial case”(?). It was odd how alarmed she seemed with what I had told her, especially given that when the original supervisor called me back later she did not seem to think the time frames were odd or unreasonable. In fact, she said “the banks do it all the time”. Yes, my mouth fell open. I asked if that made it okay, or legal, or within the parameters of their contractual agreement with the government??!! “It’s a grey area, and the banks do it to make more money.”, Now my mouth had not just fallen open, but my face slid completely fell off my head!
During our conversation, I realized the NPV letter I received on 10/12/11, postmarked on 10/03/11, was dated 9/26/11. meaning, I have until tomorrow to get my NPV response to them! Of course I left Yet Another voice mail, As If That is getting me Anywhere! I’ve got a half dozen or so phone numbers to leave them on, they don’t get returned. I will try to call “Early in the morning when there is less call volume”, as the HAMP counselor so kindly suggested…LIKE I HADN’T THOUGHT OF THAT??? about a Year Ago!?
So I’m in a sh**storm. AND I NEED AN ATTORNEY!! I’ve been looking, calling, reading, searching for a month – no replies. Anyone Know Anyone Tough cost be damned at this point, I refuse to pay my mtg as I don’t know who, or how, owns it. I’d much rather pay an attorney – quiet title, and restitution for my injuries and my attorney’s time, would be the goal. I’ve gone from pretty sane and normal over the past 3 years to a diagnosed Major Depressive, with an eating and sleeping disorder! Wonder why.
I’ve recorded calls, names, times, dates. I’ve highlited, tabbed, and organized with law quoted, all (or most) of the violations in my Fremont refi turned MERS turned CitiGroup turned Litton turned HSBC, and finally (from Litton somehow) turned Ocwen. OMG! Really??? I’ll scan in my signatures tomorrow – unreal amounts of WT* kind of handwriting (oh, that’s a stamped signature on that non-notorized, date-free paper with three *** identified as the New note holder (kindly identified as *** is HSBC — UNDER the signature that resembles nothing in the name of the “MERS” VP).
Hate this. PLEASE SEND ME ATTORNEYS! I CAN NOT DO IT PRO SE ANYMORE! And I Will LOSE MY HO– USE TO THESE CROOKS ON 11/2/11! Even though the HAMP rep tells me there ‘has to be more time, as I have 30 days to read over the NPV explanation, then another 15? days for Litton (or Ocwen) to respond, then a little more time to re-respond, or re-apply” I never should have tried to do this alone! Silly me, all these laws broken and obvious, I ASSUMED that Justice Was Blind!.
Trustee’s just got a 25k raise from the Foreclosure Attny’s lobbying – not too mention their sweet vacation getaway funded by the same attorney’s – the one’s working on Stealing My House! The very same ones who sold the state of CO the computer program that Processes Each and Every Foreclosure – for a hefty sum + a swell Kickback from Every Foreclosure their system processes! (Info on raise and computer program courtesy of Denver Post).
HI – I am so sorry for all your efforts and issues involved. It’s so criminal.
Pro Se’s are only hurting the legal system and homeowners trying to fight these bad, unlawful foreclosures, as they are getting Motion Judgements against them, because there are so many issues with CDO’s MBS, REMICS and such and quite frankly, judges hate pro se’s. The cases the Banks are using are all in there favor because of Pro Se losses.
Contact me at tam1012@comcast.net and I need to get an intake form and can pass along the information to an attorney that can help. He’s fighting accross the country and winning. He also has cases in CO.
pro se way
October 28, 2011 at 9:56 AM
I really take issue with your statement that pro se’s are hurting our legal system. Don’t you think that foreclosure complaints should be answered regardless. The absence of anyone who mattered at 99% of foreclosure hearings is what has enabled robo-signing and rubber stamping. The judges and foreclosure mills knew no one was minding the store. Shame on you for blaming homeowners who are not in a position to pay $7000. retainers and $500/hr. Maybe you should start blaming the judges who have allowed all of this fraud to go on right under their nose all in the name of speed. And, if judges hate pro se thats too damn bad. You can’t blame bad decisions coming down on anyone but bad judges. By the way, I love law firms that are scouring these websites looking to solicit clients. So to anyone out there fighting pro se because it is your only option- go for it! Rolling over is not helping anyone!
Marie D'Laney
October 28, 2011 at 11:11 AM
Pro Se Ways….. Well good luck to you and your venue. I am not scouring websites to promote anyone or any attorney. Perhaps you may have overlooked the fact that I was in the same boat that Pro Se 4closure Fail was in. I couldn’t find an attorney to save my home in my state. Since there are very few that are well versed in the fraud of the banks and mortgages. I was trying to reach out accross the country to find help, because I was not well versed in the legal system and knew I needed an attorney. So when the state has hardly any cases fought with well versed attorneys, the state gets saturated with Pro Se losses, because people like me may try this avenue and can’t succeed.
Well, if you live in a Non -Judicial state and fighting Pro Se, beware, the banks will likely turn the case into Moot. and then refile under a judicial foreclosure AND also then they have the right to sue for deficiencies. So be prepared if you lose. You can lose your house and also gain a $300K judgement for deficencies as well. Then how does paying an attorney $250 an hour and a upfront $3000 retainer. For me it’s a no brainer to choose an attorney if a good one is found.
You are obviously very bitter about this. And it will no way help you succeed with that type of attitude. And before you spout off, some of us here were in a Pro Se situation and know that we need an attorney and we reach out on message boards to find someone who can help. So when I read ProSe 4closure Fail’s message, I know EXACTLY how it feels and would have given my eye teeth to have someone reach out to me to help me find an attorney.
Good luck to you.
cindy
November 8, 2011 at 3:06 PM
Hi! my name is Cindy. My sister and my brother in law have a problem with there mortgage company. They had Citigroup/ Bank of New York Mellon and my brother in law told me that one of the banks who got money to bail out the homeowners is one they had. So my question is how do we find out if there mortgage was paid off? Can you send me the name of the lawyer you know who’s helping ppl and winning? We are in Glendale Heights Illinois. Thank you
Marie – I am sure we have a lot of common ground in this fight and arguing with you was not my intention. I certainly wish you the best of luck but I cannot agree that every homeowner who is unable to afford an attorney should stay away from the judicial system so as to avoid a “bad loss.” That, to me, is too simplistic an approach and is exactly what the lenders and the courts want. Defaults are so much easier to process. If a pro se “bad loss” resulted in a court opinion, any good defense attorney should be able to deal with that. And, I also see no evidence to confirm your statement. Also, I will refrain from calling you a name, but you bet I’m bitter. Most of us on these sites have been abused and damaged from lenders and foreclosure mills and are hanging by a thread. And, for the record, I have no venue, you’re the one with the intake form.
Anyone out there from California? I see no change in handling of any modifications or foreclosures; pending modification, continued to foreclose, agent to reo??, declined mod/moved by to prior residence of 12 yrs./declined mod; house sold at foreclosure, locked out prior to date discussed/arrangements made 30 days prior with room mate who paid nothing for 7 months/received 3000, paid person 400 plus storage shed to move me back to upsell home pending short sell, that was 9 months ago, once again pending short sell approval of price/now wants to deny hafa &short sell, speed up too foreclose on Nov.16/2011. claims homeowner refused to let appraiser in??? has been appraised 7 occastions and no one has refused admission to home/ had 3 homes in area, will now lose all 3 to foreclosure, current home, home next door pending foreclosure now reo/ locks changed/ cash given to tenant $3000, unbeknown to homeowner, who re-embursed deposit $2000; unable to keep property without current tenant, unable to rent in mid school year/ called Crystal Mortgage/federal loan, modified loan has risen to $500+ returned from surgery only to get all of this dropped on my plate; called lender, this is obvious illegal, doesn;t matter now, you are deliequent now, guess so; they will continue with foreclosure and did I want to short sell, since they already are selling the property, so unbeknown to me after having the carpets cleaned, terminex, 2 doors repaired, lawn is green again, I now find out it was all a hoax/ Tenants left with 5000 moving expenses from home next door/ organized by Lucy Silva?? Reo team for Coldwell Banker???? this can;t be correct?? no forwarding address for tenants, and some stranger has keys to my home???? and at the time was not in default??? and this is America??? Quilty until proven innocent?? try to fix this one, going on third loss of home due too injury loss of income, income has dropped from 75000 to negative going on 3 years now??? one has too lose everything?? this is legal? As soon as you stop paying your mortgage, rather you can afford to or not, it makes no difference you are quilty as charged until proven innocent, good luck with that, laws are written to protect those that can afford to be protected the rest of you might as well set up camp,,,,,,,,,and this is California??? will any of your complaints reach the Attorney General? the Govenor? most likely not; far too many issues going on, homeowners are the last of their priorities and if you own more than one home makes you even more of a criminal needing no assistence. some of us are now ruined for life, far to late in the game to over come this situation; hopefully the younger generation will learn something from this if they don;t starve to death first.
usjustice4all
October 30, 2011 at 1:21 AM
I am in California. I know something that can help for the moment. Email me and we can go from there. I am not soliciting. I too am in the same boat as you. I’m single mom left with house in debt for a divorce, been working on a mod for 18 months. Reference this link for a prompt response. Blessings.
Ron
November 1, 2011 at 5:21 PM
Go to Youtube, search for How To Win The Foreclosure War, Part 1
Federal judges are quite protective of pro se litigants. They will go the extra mile,to protect your rights. Go to Youtube–search for How to Win the Foreclosure War, Part 1. I am a paralegal, with a JD, who has kept a client in his home, three years, after forelosure, and on his way to victory, on a dual track of state and federal court. You may verify the case, In the Circuit Court of Berkeley County, WV, Case No. 10-C-145, in the Office of the Clerk, Virginia Sine. Feel free to call me at 334-355-1077; or 334-316-0647; or contact me at: ronaldleewht661@gmail.com; ronaldleewht1953@gmail.com; or ronaldl.white@yahoo.com. Let me help you, or you can wait for the set of books I am writing, such that you may draft your own pleadings, and other court papers, following the templates. File your paperwork in federal court, where the judges are less corrupt. You will need to seek an injunction, to enjoin foreclosure and eviction. Even if you have been foreclosed, and evicted, you can still sue the bastard banks, for tortious breach of contract and fraud. Let me help you. My rates are quite reasonable, half of the $250 the attorneys want, my paperwork is first rate, world class. Look at the paperwork for the Plaintiff in Case No. 10-C-145. You can buy all the pages in the case,for $1.00 per page, and there are more than 5,000 pages. It will be a brutal fight, but winnable. I am the champion of the llitte guy.
This is in Washington state.
Refi with originator Alfund in April 2007
American Home Mortgage servicer
12/7/2010 Notice of foreclosure sale by Trustee First Fidelity National Title on behalf of MERS as beneficiary. Sale kept getting canceled and then rescheduled as we continued to send them the forms they wanted for Mod
We sent a letter asking for proof of Title and ownership in June, and sales stopped getting scheduled.
In July Washington passed the “Foreclosure Fairness Act” …BOA helped the politicians write it, so as you can guess it really should be called the “Foreclosure Facilitation Act” It contains stuff like copies of Title and Promissory note are ok, does not say Lender, but says Beneficiary and beneficiaries Agent. Also “Owner” of note can prove they own note by simply providing written affidavit saying they own the note.
Now on October 3rd AHMSI sent us a “Pre foreclosure” letter complying with the new Act saying that the beneficiary is now a trust called “Harborview 2007-5” When you look it up on the SEC.gov they list Deutsche Bank as the trustee.. well low and behold on the county records on Sept 5th 2011, AMHSI assigned the deed of trust from First Fidelity to Deutsche Bank. Anyway I have 30 days to respond to the letter requesting a mediation meeting with them. 90 days from the date of their letter they can file a new Notice of Foreclosure with the state, and hold a sale 120 days later. All these new trustees, and lenders are an admission that the current foreclosure is illegal.
My question is this… should I immediately file a suit against the first foreclosure which is still active and on the books before they can file the new one? Once I file, can AHMSI just drop the foreclosure, or will they be compelled to admit it was a false, illegal suit, and will it help me fight the upcoming one when they get their paperwork lined up.
PSA Side note.. the closing date of the trust was July 12, 2007, and all deficiencies had to be fixed by July 12, 2009. They just gave title to trustee Sept this year.
I can do this because I have absolute proof. On April 5, 2010, Judge Phillip Pro with his Order terminating my federal Complaint and on behalf of JPMorgan Chase Bank, made the Order that stands alone as providing JPMorgan Chase Bank to subject us to foreclosure. On October 10, 2011 after the Ninth Circuit affirmed Judge Pro’s conduct, I directed a Complaint by statements under oath directly against Judge Phillip Pro and indirectly against the Panel of circuit court judges that by their opinion covered up the fraudulent practices by the Judge. For those of you out there that know the ropes I will end with this: When Judge Pro made the Order, the closest thing to loan documents, as the Order characterizes, were the not certified copies of the originals that I had executed on October 30, 2005 in favor of Washington Mutual Bank. I had made the not certified copies part of the federal Record to expose JPMorgan Chase Bank’s and its attorney’s false pleading that Chase Bank was the servicer of our mortgage. In the world of robo-signers and others who dare to create false documents to support foreclosures, ours is the only case I believe where courts have determined standing in a bank’s favor without the bank having to produce mortgage instruments period. This is our federa record and anyone is invited to review it through PACER – Ronald Williams et al vs. JPMorgan Chase Bank 2:10-cv-00118. We are a senior citizen couple of Afro-American descent who appeared before Judge Pro to defend against his dismissing our complaint. We believe the Order based on evidence that is virtually non-existent was motivated by Race, Personal Greed on the Judge’s part, or an inexplicable bias in favor of JPMorgan Chase Bank. Being ordinary citizens has made it difficult to draw the public’s attention to our plight – a plight well documented by the public Record that is our federal case. In our case four federal judges took an active role in the cover up of by fraudulent foreclosure practices by a judge. Any referral anyone reading this provides us will be greatly appreciated. Our case in before the 9th Circuit pending our Petition for it to review what it did to us by dismissing our appeal. I may have mentioned earlier that I have also sent a complaint with all of my statements under oath against the fraudulent, racist practices of Judge Phillip Pro, United States District Judge for the District of Nevada. I can make this claims public against him because the Record absolutely supports the claim. I will shop our plight and the record around the nation until Jesus returns for all of us. The question why no-one has went to jail may be answered in the Record of mines and my wife’s case,
Ron
November 1, 2011 at 6:49 PM
Ronald,
The note is irrelevant. Even if the note is missing, it can be proven that the purchase money was provided by a lender, and you did not pay. However, when your inabiity to pay materialized, your lender had already made a separate unilateral contract, to give you options, in the event difficulty in making payments. When they reneged on that, that constituted fraud. File your lawsuit, immediatey, on that basis. If you cannot pay the $350 fiiing fee, make a motion for in forma pauperis status, and get the fee waived. Simultaneously, file a motion for an injunction to prevent foreclosure, if not already done, to prevent eviction, if the foreclosure is already done. This will keep you in the property, until your lawsuit reaches its conclusion. Do it, in federal court, despite difficulty, they are much less corrupt than state judges. Demonstrate, in the streets, against judicial corrupetion. Make it a major issue, in the elections, a year from now. We can have a peaceful revolution in this country. File ten million lawsuits, simultaneously, against fraudelent foreclosures, bring the foreclosure juggernaut to a screeching halt. Bankrupt the banks, and Wall Street, with a tsunami of lawsuits. We will win some, lose some, but most importantly, we will be heard! Let’s free our country, from corporatism, from the tyranny of Wall Street, and from corrupt politicians and judges.
SEC Charges Bank Executives With Hiding Millions of Dollars in Losses During 2008 Financial Crisis
======================================================================================== http://www.sec.gov/news/press/2011/2011-202.htm
Interesting information on how the Bankers are working on
responding to non-judicial foreclosures
(press in ABA Banking Journal for Oct 14 2011 -the author is Patrick M Roberts ESQ.)
»
How to resist borrower challenges to non-judicial foreclosures
ABA Banking Journal
Complaints filed by borrowers typically fall into the categories of wrongful foreclosure; quiet title; declaratory relief; conversion; fraud or negligent misrepresentation; unfair business practices; breach of written contract or of implied covenant of …
D. Perry
October 16, 2011 at 9:32 AM
Here is the actual link……Thanks for the information…..I will be giving this to my attorney so that he can see what more the banks are trying to do to wiggle their way out of pure fraud and theft….
Is there a way for me to retain the property at a reduced mortgage principal (current market value). Any suggestion or guidance is welcome.
I have a mortgage with Charter One Mortgage for an Arizona vacation home. I stopped paying the mortgage starting 2011 as CMM agreed to take the property back ‘In-Lieu’ of foreclosure. After many months of phone calls all I hear from them is that the legal department is working on it. In the meanwhile I am being harassed by the Home Owners Association (HOA) for dues as well fines for not keeping the yard per architectural standards. Is there any agency I can complaint to resolves the issue so that I am out of this deal?
I have a mortgage with Charter One Mortgage for an Arizona vacation home. I stopped paying the mortgage starting 2011 as CMM agreed to take the property back ‘In-Lieu’ of foreclosure. After many months of phone calls all I hear from them is that the legal department is working on it. In the meanwhile I am being harassed by the Home Owners Association (HOA) for dues as well fines for not keeping the yard per architectural standards. Is there any agency I can complaint to resolves the issue so that I am out of this deal?
Is there a way for me to retain the property at a reduced mortgage principal (current market value). Any suggestion or guidance is welcome.
2 days ago I received a Notice of Hearing for Motion of Summary Judgement to take place on October 25, 2011. Prior to this correspondence I received notice that “the original” note was filed with the court.( A request that I made almost a year ago) I went down to the court yesterday to file for an extension gfor 60 days so that I could obtain counsel and checked the case file and lo and behold no original note was filed only copies. I called the court today to find out the status of my motion and found out it was denied. I NEED AN EXPERIENCED ATTORNEY ASAP. My case is in Hernando County, Fl (Tampa Bay area). The “bank” Bank of New York Mellon is the plaintiff as successor trustee (never heard of them until I was servered) under Novastar and in the note it states Mers is the mortgagee. I also am in the middle of a sinkhole repair, actually they just started. Someone please help me with where to find a experienced attorney in this matter. Thank you in advance.
E-mail her right now she is looking for Bank of Mellon they have lawyers alll over and do not charge up front fees Attorney Preetpal Grewal pgrewal@cuneolaw.com (pgrewal@cuneolaw.com)
The Firm is:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
Until these judges stop them, our nation is furtile ground for banks and the like to steal homes by foreclosures based on fraud. Of the three branches of our government, the judiciary operates under the less scrutiny. Read my post dated October 22, 2011. Some how, some way and some day we have to deal with this collectively to stop courts from underwriting and authorizing the stealing of our homes by fraudulent foreclosures. The closest thing we have right now are the protesting against Wall street. I am at rnwil3@aol.com and am writing from southern Nevada, the number one foreclosure state. Food for thought: Judges are investors or at least make a sufficient salary to be an investor. In the area where I reside there is a law firm called The Cooper Castle Law Firm. It functions virtully as collection agency for Chase Bank and its defaulted on mortgages. The portfolio of Chase Bank and the law firm is no doubt bursting from homes where the homeowner was displaced in favor of investors. In my complaint against Judge Phillip Pro, a federal judge for the district of Nevada, I suggested that the Order he made that the Record shows to be an Artifice fraudulently conveying standing for Chase Bank to subject us to a foreclosure, may have been motivated by a direct or indirect pecuniary interest he has in the portfolio of empty homes maintained by Chase Bank and the law firm. You may be experiencing the same in your case. No matter how highly placed there are some crooks here. And it explains why no one has been sent to jail while hundreds of thousands have been displaced from their homes under questionable circumstances. We are spread out, and this is why banks, courts and the like can do what they are doing to us.
Lynn
January 14, 2012 at 10:12 AM
I am in a suit with Wells Fargo. Not only did my husband sign my name and take all the equity from our home, he attended a closing that I was never at. Then he took his life. The bank has gone for a dismissal. Now, they did this almost 3 months ago and the judge still hasn’t come down with an answer. My lawyer said that this isn’t right! I have 18 counts against this bank. Wells Fargo also broke into my home 3 times. They turned the water and heat off. I was living there 3 nights a week, they said I abandoned the house. WhenI filed criminal charges, it was dismissed said it was a civil action. I have now appealed to the consumesr affairs dept of the att. General of NJ. They are going look into my case. It doesn’t affect any other action you are taking. It is also free They want to help stop all this!!! The whole system is a joke, the judges are a joke. But, I am going to keep pushing until I get my home back. Check out everything you can!
Ayasha, forget about the note, file a lawsuit for tortious breach of contract, fraud, RESPA vioations, TILA violations, intentional infliction of emotional distress, defamatlon, etc. Look at Case No. 10-C-145, In the Circuit Court of Berkeley County, WV, Office of the Clerk. Or better yet, contact me. See reply above.
For some reason many have been discourage against Class Actions because they are claiming the Lawyers get all the money and they do not: THIS law firm pleads individual claims plus class so theat the lead plaintiff claims are not attached to what a class would recieved but will be determined on the individual plaintiff damages:
DAMAGES is the key to any lawsuit whether class or individual, if you don’t have the money for a lawyer all I am saying is that this is a top New York law firm that does CHARGE ANY UP FRONT FEES OR ANY FEES AT ALL
CLASS ACTION FOR THOSE PARTIES MISLED BY A CitiGroup or BOA PROMISE FOR A LOAN MOD: RESULTS IN AN IDEAL ENDING FOR WELLS FARGO. A HOMEOWNERS WITH RUINED CREDIT AND NO TIME SELL! (perfect victim.)
CLASS ACTION LAWSUIT Looking for lead plaintiff’s in Texas and New York
DID YOU BELIEVE YOUR MORTGAGE LOAN MIGHT BE MODIFIED?
DID YOU PAY AN APPLICATION FEE FOR A LOAN MOD?
DID YOU PAY AN APPRAISAL FEE?
DID YOU REQUEST A LOAN MODIFICATION?
DID YOU FAX FINANCIAL INFORMATION IN FOR A LOAN MOD?
DID YOU BELIEVE YOU WERE UNDER CONSIDERATION FOR A LOAN MOD?
If you would like to participate in this class action suit please contact the law firm at:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
They do NOT CHARGE UPFRONT FEES they get paid if you get paid so they have ainvested interest to work e-mail the lawfirm they are representing me with CHASE, if you have problems money is low e-mail her the lawyer not me your issues she will get right back to and let you know if she can help you.
Hello Elizabeth…….Thank you for the information. I sent an email yesterday and got a call back immediately. When I began to tell her about my situation,,,,,she said you don’t have to finish the story but she would listen anyway because she know exactly what was happening to me. She asked me to send her all of the information and documents that I have and then she would get back in touch with me. I thank you for the information you shared. It is not so much about the money to me it is more about the fraud and how so many hard working people are being taken advantage of…..we needed to be ailed out. We are still suffering and they are trying to find better ways to continue the fraud because they have the money to do it paid by our tax dollars. I hope she can help me……I really do……. Dee
http://www.cnbc.com/id/44776749
======================================================================================= Anonymous Threatens to ‘Erase’ the NYSE
At least the AG in California has enough balls to stand up for her citizens unlike the KS bozo. Tom Miller in Iowa has turned out to have no guts. His balls are in the hands of Jamie Dimon of Chase.
Miller said he would put bankers in jail — let me think about that — how many are there by his hand??? or anyone elses hand?? Certainly Obama and Holder are not searching out the evil thieves of homes.
I hope the protesters on Wall Street and now other cities get some action. The CEO’s of all of the Wallstreeters that were involved in the the fraud and forgery of loan documents should be in JAIL.
Start with Dimon of Chase, some asshole at Deutsche, Blankfein at Goldman, Fuld at Lehman, certainly Mozilo at Countrywide and Lewis at B of A at the time — Outright thieves Put their pinstripe asses in jail.
Yes the AG in Kansas is a lazy DICK. Try writing him and you too will just get a smart ass comment back. He and his staff have no sympathy for people being foreclosed on. Their feeling is “just pay up”.
As with most politicos in Kansas the only thing they care about is abortion and Bible thumping.
Send any of them a letter and you will get a form letter back on another subject. Worthless jerk offs that do not care about the citizens of the state —- only about being re-elected.
CLASS ACTION FOR THOSE PARTIES MISLED BY A CitiMortgage or BOA PROMISE FOR A LOAN MOD: RESULTS IN AN IDEAL ENDING FOR WELLS FARGO. A HOMEOWNERS WITH RUINED CREDIT AND NO TIME SELL! (perfect victim.)
CLASS ACTION LAWSUIT Looking for lead plaintiff’s in Texas and New York
DID YOU BELIEVE YOUR MORTGAGE LOAN MIGHT BE MODIFIED?
DID YOU PAY AN APPLICATION FEE FOR A LOAN MOD?
DID YOU PAY AN APPRAISAL FEE?
DID YOU REQUEST A LOAN MODIFICATION?
DID YOU FAX FINANCIAL INFORMATION IN FOR A LOAN MOD?
DID YOU BELIEVE YOU WERE UNDER CONSIDERATION FOR A LOAN MOD?
If you would like to participate in this class action suit please contact the law firm at:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
They do NOT CHARGE UPFRONT FEES they get paid if you get paid so they have ainvested interest to work e-mail the lawfirm it seft they are representing me with CHASE, if you have problems money is slow e-mail her the lawyer not me your issues seh will get right back to and let you know if she can help you.
Please consider helping us here in Cleveland, Ohio. Hundreds showed up to a BOA seminar to get help with modification process. I was approved right there on the spot, and verified qualification with HUD as well. Yet, BOA said they’d get back to me within a couple of weeks. —>Short story: They decided to set me up with a real estate person to sell my house Short-Sale and would give me $2,400 to relocate. Not one mention about the status of my loan modification. HELP! They are frauds and should be prosecuted.
We too live in Kansas. Been battling with bank since 2008; two pre- HAMPS and so on…I totally agree with your view; But this problem is nationwide. Kansas, however seems to have been sleeping under the banana tree while other states East and West coast notably have been noticing the holes in these defective mortgages, and some responding effectively.
Nearly all the attorneys here work for or with the banks, and are afraid to offend. Very few fighting litigators on the side of homeowners exist here. All the judges want to know is “Did you pay the mortgage?” Everything else is too sophisticated in law, I suppose. The AG is totally bored by the entire prospect it seems, and nothing ever is getting done in the interest of the people. Will they ever get it here? And what can be done about this?
The Fed Wants to Be Your Facebook Friend http://www.cnbc.com/id/44701381
================================================================================================================================================================================================================================================================================================================================================================================================================
I downloaded a copy of an ASSIGNMENT OF MORTGAGE that has the same signature of Michael Koch of Fremont Investment & Loan that I have on my own mortgage.
The party was Irene wood of brockton Mass.
I think she lost her home, but If I can get an admissable (in court) assignment, I will be able to show that
it is not really a signature but a signature stamp and since it must be in writing it will give me a good arguement
to deny their claim.
Anybody out there have data?
Also, is there a way of searching this website archives and the other foreclosure fraud website to find data?
All the emails from Michael @ 4closureFraud, Stop Foreclosure fraud, and Neil
are coming in blank for the last three days.
Someone doesn’t like my continous
postings about the origination fraud of the Banks lending us their credit
prohibited by Art 1 Para 10 Cl 1 of the Constitution making every mortage Ultra Vire.
I wanted to let you know about a new petition I created on We the People, a new
feature on WhiteHouse.gov, and ask for your support.
Will you add your name to mine? If this petition gets 5,000 signatures by
October 23, 2011, the White House will review it and respond! We the People
allows anyone to create and sign petitions asking the Obama Administration to
take action on a range of issues.
If a petition gets enough support, the Obama Administration will issue an
official response. You can view and sign the petition here:
Balance the asymmetry of knowledge between litigants and the judiciary before
ruling on issues of structured financing.
Structured financing is a dominate form of finance used to transfer risk,
support financing, liquidity, and the issuance of securities through complex
legal entities. This amalgamation has tremendous benefits but creates
uncertainty when the judiciary rules on issues not subject to strict letter
certainty of law.
Those who utilize structured financing, many of whom, dominate domestic and
global commerce, aware of these issues, exploit said benefits resulting in
massive private gain at the expense of public loss. This is arguably a common
denominator of our financial crisis.
As homeowners and securities investors continue to lose their investments over
what is commonly argued in court as securitization, uncertainty increases,
consumer confidence decreases, and thus, so does our economy.
If you are serious I need you guys to visit the petition I (WE) created and sign
it. Just get it done! I need you guys to forward this to the judges and
attorney’s in your cases, post and share it on your social networking sites such
as Facebook, Twitter etc., e-mail it to family, friends and colleges, blog about
it whatever. If you have any questions I am only an e-mail away.
Why should anyone respond to your petition you are one those type of homeowner who only look out for yourself many people have asked for your help with the information you have about MERS and was willing to pay for a copy of your certified copies to help with their cases and you just ignore them its people like you that give others a bad name who knows what that petition is really for I am sure its not to help anyone but you if I were you people beware of what you sign.
Fannie Mae cited for failing to stop robo-signing
Report says Fannie Mae missed catching law firms illegally signing foreclosure document
On Friday September 23, 2011, 12:06 am
WASHINGTON (AP) — Fannie Mae missed chances to catch law firms illegally signing foreclosure documents and its government overseer did not take the right steps to ensure Fannie was doing its job, federal regulators say.
The Federal Housing Finance Agency’s inspector general said in a report Friday that Fannie failed to establish an “acceptable and effective” way to monitor foreclosure proceedings between 2006 and early 2011. Government regulators then failed to ensure it was complying with demands that it clean up its programs.
Mortgage industry employees — including law firms employed by Fannie Mae — signed documents they hadn’t read and used fake signatures on foreclosure cases across the country. The practices, known collectively as “robo-signing,” resulted in a suspension of foreclosures last fall and a probe by all 50 state attorneys general into how corners were cut to keep pace with the crush of foreclosure paperwork.
In 2005, Fannie hired outside investigators to look into allegations about faulty foreclosure documents. A year later, Fannie received a report from the investigators that found law firms working for Fannie had filed false documents.
Fannie said it was developing a computer system to improve communication and monitor its attorneys but regulators said they found no evidence Fannie had made any improvements in overseeing its attorneys.
FHFA was created in 2008 to oversee mortgage buyers Fannie Mae and Freddie Mac. To make sure Fannie was doing its job, FHFA has the authority to fire and replace employees; issue cease and desist orders; and impose fines. To date, the agency has not taken any of those actions, the inspector general’s report said.
Fannie and Freddie own or guarantee about half of all U.S. mortgages, or nearly 31 million home loans worth more than $5 trillion. As part of a nationalized system, they account for nearly all new mortgage loans. So anyone looking to buy a home would be forced to pay higher rates on new loans.
The Bush administration seized control of the mortgage giants in September 2008, hoping to stabilize the beleaguered housing industry.
In a separate report released Friday, the inspector general says the FHFA lacks examiners to monitor Fannie. Just a third of its 120 non-executive examiners are federally accredited, the report found. Other federal regulators, such as the Federal Deposit Insurance Corp., usually require all of their examiners to be accredited.
I Am not 100% certain of where to start so i will start with a brief description of my situation and go from there.
In 2007 My Parents purchased a house in the City of Eagle Idaho, (Technically it was a family purchase as myself and my siblings all contributed but were not on the title).
later that year my father was the unexpected victim of a severe stroke. (he survived fyi)
In spite of all of that we continued to make our payments as well as make several home improvements, when the economic nightmare began to set in in this area we decided to be pro-active and alpply for a Loan modification which turned into a never ending slew of Indymac conveniently “loosing” paperwork (We never stopped making our payments) , then late one evening in November 2010 we get a knock on the door and get served foreclosure papers, The Nightmare Starts….
We immediately began trying to contact the company who took over from Indymac (One West) and flat out could not get a call to go through, every time we called we would jump through the automated hoops only to get put on hold wait anywhere up to 2 hours and then get hung up on without the call ever being answered, we later got a letter in the mail saying we were delinquent to a sum of approx $7200, we sent them a check to clear it and nearly 4 weeks later we got it sent back with a note saying “Unacceptable Form of Payment” we tried calling them again with the same results as before, and our next payment was returned with the same note, we got tired of chasing our proverbial tails and went to a HUD Attorney who eventually was able to get through to One West on a 3 way call, the One West Representative was not only “Completely Unwilling to Help at all” but was also needlessly Rude, Eventually we got connected to a supervisor and they said they would send new loan mod paperwork and that would stop the foreclosure, Both us and the HUD Attorney sent in copies of the completed paperwork, a few days later we called the one west supervisor again with the HUD Attorney, and they claimed that over half of the required paperwork that was sent was not received.
We sent it 3 more times with the same nonsense as the end result.
the HUD Attorney also had us apply for HAMP which we were denied, we called the One West Supervisor again with the HUD Attorney and were told that they would no longer negotiate & were pushing through the Foreclosure and also that the amount now required to settle the “Alleged Delinquency” was $30+K.
at that point the HUD Attorney said their was nothing else she could do to help us.
We Contacted our Title company’s Attorney after more unsuccessful attempts to contact One West, they put us in touch with the Trustee Company who was handling the Foreclosure.
To make a LONG Story shorter we ultimately found out that the “Excuse” for the Foreclosure was one payment being 5 days late, and also found out that the actual Loan agency was Freddy Mac.
I Sent notice for both to “Produce the Original Wet Ink Note” so we could verify their right to foreclose which was promptly denied in writing and they proceeded with the Trustee sale in which the Purchaser was “Freddy Mac”
We are still trying to fight this even though we are 1 month past the date the eviction notice had on it, we are still in the house because we cannot find a rental due to the high Volume of Local Foreclosures resulting in Landlords being extremely unreasonable in their “Requirements” to Rent.
We are currently at our wits end and with all of it my mother is under so much stress over the situation that she is getting physically ill from it, and it is also causing severe problems for my father who is disabled from his stroke and was just starting to recover when all of this started (his recovery has been set back roughly 2 years or more by this nighmare).
Any Help will be GREATLY Appreciated!
I’m Not about to let this BLATANT Criminality slide.
Your story is heartbreaking. I don’t know what to say, except that these banksters are heartless pigs. It really is criminal.
I would pursue media coverage. I would reach out to the office of the Attorney General in your state. Send the bank a notarized qualified written request under RESPA and ask for copies of any and all loan-related documents (including its servicing history) and don’t mention the foreclosure. CC your Atty General. See what the bank sends. By law they must be able to tell you where the note is and describe its physical location, if you ask.
From Section 1463 of the Dodd Frank Act: ‘‘(1) IN GENERAL—A servicer of a federally related mortgage [that’d apply to you as you have a Freddie Mac loan] shall not (C) fail to take timely action to respond to a borrower’s requests to correct errors relating to allocation of payments, final balances for purposes of paying off the loan, or avoiding foreclosure, or other standard servicer’s duties.”
Already they are in violation of Dodd Frank because you are actively trying to avoid foreclosure yet they are trying to kick you to the curb. Dodd Frank went into effect in July 2010.
The Dodd Frank Act also amends RESPA so that the bank has 5 days (down from 20) to acknowledge your QWR and 30 days (down from 60) to provide you with the requested copies. From that 30-day limit, they can only apply for a 15 day extension and must provide you with a reason for the delay. I think the best thing anyone can do right now is follow the paperwork until you can’t anymore. The more holes we can find in this shell of an industry, the better.
I have had very similar experiences with GMAC and WAMU.
ON PROPERTIES WITH LESS THAN 45%LTVS AND ALL HAVING 15YR NOTES.
Prior to anything EVER BEING LATE,, IN WRITING I FORMALLY REQUESTED MY LENDERS TO SIMPLY REAMMORTIZE TO A 30YR NOTE. ***EVEN OFFERED AN INTEREST RATE BUMP!!!
WAMU accepted money for mod and then decided they changed their minds.
GMAC ovvered amount to fully catch up… then sent funds back as they were a few dollars off. We corrected the amount, and sent back within days of receivend letter and funds back. They were sent back to us again AS THEY WERE NOT CERTIFIED FUNDS. MY ATTORNEY CONFIRMED… SENT BACK AGAIN,, RETURNED AS THEY HAD NOW FILED FORECLOSURE.
If you HAVE EQUITY,,, EVEN STILL,,, They really dont want your money,,, They are now getting paid our tax dollars by our government,, and they can still keep running up our tab, so they can steal when the time is right….
TRIPLE DIPPING..
Sorry that you an d your parents are going through this. I would recommend you get all your docs and any notices together and find a lawyer to review with. Not worth it to go through modification nightmare w/ your parent’s condition. Agree to let AG and everyone you can know and shame the hell out of these bastards. If you need to file bk to get in front of a judge. If there is a trustee and you can make case let them know they will be sued if it is an unlawful foreclosure. Look for demand letters on this site and others such as beingmiddleclass.org
The tide is turning against them and we have the law on our side.
I’m being foreclosed on by OCWEN, Deutsche, Morgan Stanley and Dean Whitter. OCWEN is the worst to try and work things out. No one speaks decent English in their Calcutta, India call – center and they DO NOT want to help – they want the property on top of their tax-dollars from the FED, tax write off, insurance pay out and title insurance pay out. I get diddly squat – even the FBI agent who contacted me when i sent their local office evidence of fraud said to me “But you didn’t pay your mortgage.” I told him that his grandfather probably worked for the 7th Cav under Custer and believed all the treaties signed with the Indians were devoid of fraud.
This is the biggest land grab since our Government stole the plains from the Natives.
At least my state AG has decided to look into my case.
Forget about the FBI. They are not looking out to help you. However, if you did the same thing to the banks, they would arrest and prosecute you. Just check out the press releases on their website.
I would even say that they are profiling for prosecuting borrowers, while ignoring mortgage fraud by the lenders.
Ronald Williams
October 28, 2011 at 6:51 PM
I concur about the FBI. I sent a comprehensive complaint against JPMorgan Chase Bank with proof alleging fraudulent foreclosure practices – up to and including a fraudulent default notice. Because Chase did not have anything to do with my mortgage – while the first page of the mortgage states previously closed Washington Mutual Bank was the concern demanding the foreclosure, in small print on the second page the Notice states that payments to JPMorgan Chase Bank would stop the foreclosure. There is a lot lot more. What did the Justice Department do? Directed me to the FBI to file a criminal complaint. What did I do? Went to the FBI and attempted to file a complaint. What did the FBI do, sent one of its agents to meet me in the lobby of their office. The agent stated that it was against FBI policy to accept any documents – resulting in the agent’s refusal to accept my document evidence. The FBI through the agent refused me access to an FBI supervisor. Folks, every citizen deserves a right to some sort of inquiry into a complaint. My complaint details conduct proscribed under RICO. I am a twenty year police officer veteran. Meaning that I certainly know how to gather and present evidence in pursuit and support of a complaint. And yes, I am familiar with both RICO and the HOBBS ACT.
Bank of America to pay fired whistleblower $930,000
Published: Wednesday, 14 Sep 2011 | 6:04 PM ET http://www.cnbc.com/id/44524991
WASHINGTON – Bank of America Corp must reinstate a Countrywide whistle-blower fired shortly after the two companies merged in 2008 and pay the employee $930,000, the Labor Department said on Wednesday.
The employee, whose name was not given, led internal investigations that found widespread fraud involving Countrywide employees. Reporting fraud to Countrywide’s Employee Relations Department led to retaliation, the employee told the Labor Department.
“It’s clear from our investigation that Bank of America used illegal retaliatory tactics against this employee,” Occupational Safety and Health Administration Assistant Secretary David Michaels said in a statement.
Bank of America disagreed. “We are disappointed with the ruling and plan to exercise our option to challenge the order,” spokeswoman Shirley Norton said by email.
“The bank’s actions to dismiss were solely based on issues with the employee’s management style and in no way related to the employee’s complaints and the allegations made in the complaint,” she said.
Bank of America has had a rash of problems related to its 2008 purchase of Countrywide Financial Corp, a major subprime lender accused of churning out loans to high-risk borrowers with little effort to check their incomes or ability to repay.
The Charlotte, North Carolina-based bank paid $2.5 billion to buy Countrywide, but writedowns and legal costs have pushed the estimated cost of that purchase to more than $30 billion.
The $930,000 payment to the dismissed employee includes back wages, compensatory damages and attorney fees, the Labor Department said.
Tim Bryant, I hate violence and am all for peaceful protests….many of these suggestions are great at this website but I think at this point our money is what will do the talking….I have believed for a long time that a nationwide tax revolt is in order as well as a nationwide boycott of the banks and use of their credit and debit cards, all credit use should be abolished by the people…..This has to be indivisible from sea to shining sea….. This tyranny cannot survive without all of us paying into their ponzi scheme and we all have to stop paying and supporting this tyranny to effect any sort of change….We also should boycott the MSM until they start telling the truth about the Wall Street financial crimes that have collapsed not only our economy but the entire world economy…..We must all work hard to expose and rout out the traitors of America that are hiding from within our own White House and Congress…..It is said that when America’s economy sneezes, the world economy gets a cold….well America now has pneumonia and the rest of the world is on life support, it is dying…..If WE THE PEOPLE stop paying the tyranny, the tyranny will get it in a hurry…….If AMERICA DIES, THE WHOLE WORLD GOES WITH US, AND THAT INCLUDES THE RULING ELITES EVIL PLANS FOR WORLD DOMINATION……THEY CAN’T SURVIVE OFF OF A WORLD OF RENTERS WHO ARE ALL WORKING 10 BUCK AN HOUR JOBS……AND NO ONE WILL WANT TO INVEST IN AMERICA ANYMORE….THE RULING ELITE, CHINA, AND ANY NATION THAT IS PROSPERING GOT THERE OFF OF THE BACKS OF THE AMERICAN PEOPLE…..AND WITHOUT WE THE PEOPLE, THEY WILL ALL WITHER AND DIE………NONE OF THEIR WEALTH COULD HAVE BEEN POSSIBLE WITHOUT THE AMERICAN PEOPLE, THEY JUST ALL GOT WAY TO GREEDY, TOOK ADVANTAGE OF AMERICA AND DECEIVED US MASSIVELY AND ROBBED AMERICA BLIND…….. FOR THAT THEY WILL ALL PAY A HEAVY PRICE…THEY ALL NOW HAVE LOST THE TRUST AND CONFIDENCE OF THE AMERICAN PEOPLE AND THEY WILL ALL HAVE HELL TO PAY FOR THAT.
We called Citi 7/2009 to discuss other options for escrow. We prepay a year, we pay taxes and insurance when do, etc. We were told it was a state law that we had to escrow. (untrue, but did not know at the time) My husband was going to be getting a pay cut so we were trying to be proactive, (we were and always have been at this point current on our mortgage) Citi told us that what we wanted was a loan modification and they would put us in that and that was the help we were looking for (sure, right) Of course, I had no idea what pandora?s box we had just opened. (no other options were ever presented or discussed with us.
May of 2010 we were denied HAMP. BUT, we were told that was good news, we were actually back to Citi for a traditional modification. Again, no other options were mentioned or discussed with us.
The next month we get a letter to call and make arrangements before foreclosure would start. Of course I called hysterical and was told as long as I was making monthly payments and in the modification process, Citi would not foreclose (haha).
August 2010, Citi mysteriously loses my automatic monthly payment information, does not take my August payment and files foreclosure.
We get served papers and file an answer. 2 weeks later we get offered a modification, my attorney calls their litigation department, and their local attorney (calls were not returned). Modification offer gets closed. (WHAT!)
Another court date is scheduled for foreclosure. I finally got the contact in the ERU dept. Executive Response Unit at Citi and they rush and we get approved for another modification (But worse terms, only lowers interest .6% instead of 2% like previous offer (all income and bills were the same) we sign offer to get foreclosure case dismissed.
After 4 months of on time payments with the modification, we get a letter from Freddie Mac that they do not approve of the modification because of our credit (What!) and a letter from Citi to call to workout arrangements instead of foreclose (short sale, etc)
So confused and no idea what is going to happen next. Just when you think everything is going to work out and you can breathe, it all comes crashing down again. Well, yes, after 2 years of lies, and the run around from Citi, our credit is ruined. (The only payment we did not make are when we called 7/2009 and they told us to make our 1st trial payment in 2 months, I even asked about the missing 2 months and was told they weren?t needed. Then August 2010 when they didn?t take our automatic payment. This is what they filed foreclosure on. (All while I was talking to them 2 ? 3x every week!) After reviewing a ton of blogs and sites today, I will be writing my story and sending it to anyone that will listen, OCC, State representatives, Washington DC representatives, news stations, all blog attorneys in EVERY state, etc, etc!!
Your story is heartbreaking, especially because you took proactive measures to prevent foreclosure. What you’re reporting is exactly what I fear for myself: The bank somehow “loses” automatic monthly payment information.
The Diane Rehm show has been increasing its coverage on the mortgage mess/lawsuits against banks. Their email is drshow[at]wamu.org. They may not cover your story specifically, but the subject is certainly getting their attention more and more.
CarrieM
September 7, 2011 at 4:23 PM
Thanks k.b. I have emailed the above address. That is what frustrates me, we were told not to pay for 2 months (automatically puts us in default, then the automatic payment issue) It has just been a run around nightmare for the last 26 months. This modification we are (or supposed to be) under was even done through the ERU (Executive Response Unit) department and not even through normal customer service or loss mitigation so I have no idea what is going to happen next, just posting away, and trying to find an attorney in Wisconsin to have a consultation with and be prepared in case we do end up going to court. Getting my ducks in a row you could say. 🙂
A letter sent to my Kansas Congressman, Kevin Yoder.
Hopefully you and the KS Senators have finally come to see the reality of the economy and jobs. Drop the religion and abortion issues and really work at putting people back to work, Brownback will keep trying to screw up Kansas.
The politicians from Kansas seem to be mute on the big issues of jobs and housing. Even the KS AG’s silence is deafening on foreclosure fraud. He wants it to go away, he just does not want to work on it. Why is it so hard to see that the foreclosure issue has to be solved favorably for homeowners so that housing can rebound. The banks caused the problem, LET them be penalized. Put some of the CEO’s in jail to send the right message. Forgery, fraud, conversion are all things ordinary people go to jail for —- why not banks? You are an attorney so hopefully you understand this. The banks are making you and other Congressmen look foolish — they are playing you. All they want is off the hook for all the wrongs they committed against America and its citizens. DO NOT LET THEM OFF THE HOOK.
Jobs CAN be created IF you work with the right people. People here will always want to start a business, BUT today as long as YOU let the banks right the rules, no businesses will start. The banks stole the equity from many homes, now those same banks and the SBA still require the same equity to get a loan to start a business — so how does that work??? IT DOES NOT!!!! THE RULES NEED TO CHANGE.
The rich continue to grow at the expense of others. They are not starting businesses, nor are they loaning people anything to start businesses. Giving them lower taxes will not work. HOWEVER, give them an incentive to invest in private companies — not to buy stocks in big public companies. Start a company, create a job — get a rebate or ??? Tie it together — not just a tax decrease. INCREASE TAXES BUT GIVE A JOBS TAX CREDIT OF SOME SORT. That will make the rich put their money where their loud mouth is.
Tell Romney — Companies are not people. While at Bain Capital he had the same problem — DUH. All Bain did was merge companies and put people OUT OF WORK. He has no clue how to create jobs at the grass roots level.
IF the jobs, housing and economy does not show improvement soon —- all of you who stand in the way of changes – will not be re-elected. The obvious arrogance of Boehner and Cantor is killing you. Trust me, I do not like Obama, but the Republicans need to own up to the problems they created and HELP FIX THEM. The Republicans right now are nothing more than a black eye on American politics.
I have just spent 40 or so hours investigating why we could not get a modification and through all of this research I to have written a paper that brings me to the same exact conclusion about what needs to be done and what has been done the hardworking middle class American citizen. I am hoping to send it to any one who will listen and meet with an attorney
The other question that I am asking is what happens to the homeowner who was in the MERS system and pays off his mortgage? If deeds were not handled correctly and assignments were done poorly, one day that homeowner might get a foreclosure notice from the original lender and investor. Now what? What happens when I go to sell my house that has been paid off and MERS is issuing the deed? I now have a clouded title.
Please let me know your thoughts .
Tim Bryant
September 14, 2011 at 12:50 PM
MERS does not issue your deed. If you sell your house, you will be signing over the deed. Your issue, as I am dealing with now, is that because MERS has not properly, or even fraudulently, broken the chain of title, you may be liable to the purchaser of your home for not transferring all right, title, and interest in the property. Sadly, you will be liable, though it is through no fault of yours.
This is the disturbing part of activist and/or ignorant judges who uphold MERS standing. They are perpetuating the fraud, and tossing into the homeowners lap.
Hello interwebs, turning to you all and looking for help!
A paid-off property in my family was foreclosed on by an HOA, without due notice. We received an eviction notice from the ‘new owners’ yesterday when we stopped by to check on the empty place that is being shown. We have such little time and any help would be so appreciated.
My Grandmother lived in and bought her condo 15 years ago with cash. Grandma died in 2010.
Her son, my father, was the Power of Attorney in charge Grandma’s estate. Dad was diagnosed with cancer in 2008. When he received notification from the HOA that Grandma’s property would be in foreclosure due to owing one years worth of HOA fees, he was weeks away from passing and was not coherent, so no one knew this was happening. The HOA says his spouse signed for the paperwork, as she was with him along with his children, providing hospice care to him in his home. Dad died in February, 2011.
In about January, 2011, the condo was placed on the market by my father, and was being shown to many potential buyers.
After dad’s death, my sister became the Personal Representative of Grandmas estate in June, 2011. This was after the first notice was sent in February, but before the foreclosure auction of the property which happened a few weeks ago. My sister was not aware that any fees were due, and was not receiving any correspondence from the HOA, because it was being sent to my dead father (The HOA personally knew my father and was aware both he and my grandmother had died).
My sister continued with the same realtor and proceeded to show the property through all of this. The buyer as well as the condo community came into the apartment, saw it was being shown, also used Open Houses from our own realtor, listed it themselves, then finally auctioned it off, all without every telling the realtor that frequently would talk to them as she came into the building to show the unit.
On August 31st, we discovered a note on the unoccupied unit saying there was a 3-day notice to evict. While we are inside reading the letter, someone uses keys and enters the condo stating that he is the new owner, and that he has purchased this unit a few weeks ago at a foreclosure auction. He looks shocked and nervous to see anyone in the apartment, and asks “Are you showing this unit?” We are clearly stunned…I believe they were hoping no one would come by the unit for those 3 days, but it was a huge coincidence we stopped by.
This man begins to try and bargain with us…he wants to “make us a deal” or “work something out” or “bless this sale” or that he is willing to take $10,000 for his time. He was trying to wheel and deal after he had legally purchased a property and seemed incredibly suspicious and nervous.
Obviously, the HOA took the fees owed to them and placed the small amount that was left from the dirt-cheap sale into a trust account for the estate. We have no idea how to proceed and need help quickly. Someone told us that because someone signed for papers in February, that we have no case. But it seems to me as if there was absolutely no other attempted correspondence, and that the realtor was purposely not notified, and that my sister was not at any of the hearings, that something illegal took place in the crazy world of HOA foreclosure.
Please – any direction to Colorado laws on this, articles, or advice will be so so so appreciated. Thank you.
Was re-organizing some things and sat down and re-read Chase’ QWR response received a few months ago. This is funny – in response to question in connection with assignments of the mortgage (which supposedly exist due to different foreclosure attempts filed in different names), Chase’ response was: Check with your local registrar’s office.
This was a “portfolio loan” so their file should show exactly who they assigned it to. Guess they don’t even know, huh? Nothing on file w/the registrar, of course. This would be funny if it wasn’t so sad.
Disgusting. I just went to the websites for the governor and attorney general of my state, and that of President Obama (Whitehouse.gov and then Contact Us) to let them know my stance. You, too, can take 10 minutes online to let your voice be heard. If you don’t let them know, they can’t hear you!
I have been reading all the posts and understand that I need to write to Bank of America, N.A. (California) and ask for the documents that create the securitization of my property including (I think) Mortgage assignment, mortgage, promissory note and whatever other documents I hope you all let me know I need. Many thanks.
I sent a qualified written response to Bank of America N.A.’s Customer Service Correspondence address, which was on a recent “Notice of Transfer” BofA sent.
I had my QWR notarized and CC’d many financial institutions (FYI, the duties formerly with the Office of RESPA are now being handled by the Consumer Financial Protection Bureau. However, after further inquiry, I understand the Office of the Comptroller of the Currency is handling RESPA requests, and the CFBP will take over “soon”). The OCC has a customer service address in Houston you can send a copy to. I could not find an address for the CFPB.
Also, please keep in mind the Dodd-Frank Act of 2010 amended RESPA so that the banks have 5 days to respond and 30 days to provide you with the requested documents/information regarding your loan.
AMAZINGLY, the bank got back to me the other day. However, they only sent a copy of the loan history — all the monies they took from us — but nothing regarding the note or securitization. Go figure 😉
You can find decent copies of QWRs online that you can add your own “touch” to, so to speak. Most importantly, though, I would have it notarized and make sure to include your loan number on all documents (I also included the acct number). I numbered and initialed each page. Good luck.
I have Bill Koch Documents as “document controller” at SPS. This is from a federal case:
Melanie Cornell v. Select Portfolio Servicing Inc
write me for a copy of the documents which are part of a federal case right now in Sacramento CA. Lot’s a good stuff, expert witness affidavit as to Koch’s various titles and status as infamous robo-signer.
I’m pretty sure the RESPA rules have officially CHANGED FOR THE BETTER thanks to the Dodd-Frank act. A lot of the amendments took effect July 21, 2011. My friend checked Westlaw and said it should be in effect now.
From the Dodd-Frank Act of 2010, section 1463 (the good stuff comes on page 809):
(c) DECREASE IN RESPONSE TIMES.—Section 6(e) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(e)) is amended—
(1) in paragraph (1)(A), by striking ‘‘20 days’’ and inserting ‘‘5 days’’;
(2) in paragraph (2), by striking ‘‘60 days’’ and inserting ‘‘30 days’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) LIMITED EXTENSION OF RESPONSE TIME.—The 30-day period described in paragraph (2) may be extended for not more than 15 days if, before the end of such 30-day period, the servicer notifies the borrower of the extension and the reasons for the delay in responding.’’
The rules were also amended to increase the amount of money a borrower can receive due to lack of response, from $1000 to $2000.
I have sent a QWR and never heard back. It’s been almost 20 days, so according to this they have just 10 more to get back to me with the requested documents, or 25 with an extension. WAY BETTER THAN 60!
Just wondering if anyone thinks the new law beginning in Nevada AB 284 Oct 2011 will have a adverse effect on MERS. It sounds like Nevada may be the first to hold MERS feet to the fire, comments…..
MERS should be affected and stopped, as best I understand it. Making Home Affordable Modification Program (HAMP) seems to be the more helpful way to go. My concern is that ab 284 doesn’t take effect until October of 2011.
My biggest worry is for the homeowner who is just fluent in his or her home country language, are still learning English, are citizensof this country and get hornswaggled into signed documents to save them from foreclosure simply because the company advertised in the Spansh media.
BTW, once you get as old as I am (71), you become suspicious of companies who advertise in another language but have the people so attracted by the ads, sign papers in English only.
I am suspicious of companies who just popped up in Nevada within the last 6 months, and seem to change the employees by name online every month. It appears that such a firm as PUBLIC INTEREST LAW is such a firm. I have nothing to do with them–thank God! I am just nosey. I have time. so, I do online research. I learn . Scarey firm. Not even accredited with the BBB. I say: beware. gh
I ReAlLy wish more people would tweet and post these articles. The more the internet is flooding with the posts the more attention we will get. This is one way everyone across the country can make us heard. What the non foreclosures don’t realize is they are ignorant to the ways of our country. America will be known (if not already) as “The Land to steal opportunities”
. None of these bank CEOs and Title Company’s CEOs and their boards should be able to abscond with their illegal gains from the citizens of this country.
This is what forfeiture laws are for. We must recognize the issue and unite. In the 2012 election, It is important that we all pay attention to every presidential candidates funding from banks, title companies and all the crooks that are wanting the Constitution of this country to go under.
usjustice4all
July 26, 2011 at 4:51 PM
If you have an account, you don’t have to “follow” it will give the option though. You should be able to just select “Tweet”, it works like the “Recommend” button for FB. Sometimes the “tweet” (it will post link to your twitter account) will be more letters than can be tweted, so I just take out some of the description but keep the link. Hope it helps, they track internet “chatter” Let them Hear us ScReAm.
Good question
I am not computer savvy with Twitter .
I am sure there are others like me.
I know I pressed the” follow me” button on the foreclosure site but I was lost
as to what to do when I got there, so I never did it again.
So Justice4all can you give us just what it is and how to use it.?
k.b.
September 7, 2011 at 2:11 PM
if you go to the Twitter website and create an account, it will allow you to ‘follow’ other Twitter users. for example, 4closurefraud.org has its own twitter username (also referred to as a ‘handle’): https://twitter.com/4closureFraud
once you are registered, you can ‘follow’ @4ClosureFraud on Twitter. Any time they post something, it will show up in your ‘Twitter feed’ (which is what you see at your Twitter homepage).
on Twitter, you can also send “public replies” to users by typing the ‘@’ symbol followed by their username. for example, to mention 4ClosureFraud on Twitter, just type in “@4ClosureFraud” and they will be notified of your tweet.
In light recent cases against MERS, MERS is changing its name in every state (to a different name in each state). It is important to find MERS’ new name in your state when researching controlling MERS-related case law in your state.
I do not have the official list of names. I just know that MERS is changing names in each state and is now known in Texas, MERS is now known as ALTEC PROPERTIES, INC.
Fidelity National Title is looking for help in reinventing itself,
since their fruaulent and forged deocuments are exposed
and on the firing line.
I would be on the lookout for similar corruption as Lender Processing Service
and LPS DOCX documents, under a new name.
Craig Eugene
December 17, 2011 at 4:16 AM
Loan Service Processing is/has changed it’s name in California to LSPASAP. On their website you must be careful when examing whether or not your house sale is pending, at the proper time and the actual date. Be Cautious they do not use the County issued, Clerk/Recorder’s filed TS# (Transfer of Sale). In many cases, they (LSPASAP tries to confuse the homeowner) by listing a loan number instead and NOT the County issues TS#. Thay have also left off the County TS# (using a false TS#, loan # or system generated number on their documents (I have 5-6 different numbers on separate documents generated by LSPASAP.) They do the same on their “posted” documents at the homeowner residence: They use numbers OTHER THAN the County filed TS#. They also have made “frequent” mistakes on their website) concerning dates and times of proposed sales that are wrongly posted on their website: It is notoriously inaccurate. You MUST check with the County where the sale is to take place and verify the information and document these mistakes. In CA these CAN BE GROUNDS to set aside proposed sales, or sales which were illegally held,) according to my attorneys. I fought like hell for 15 months to get my Mod from Wells Fargo. It’s approved and they have taken my house out of the foreclosure process for now. But, I watch these people like hawks and will NEVER let my guard down. I have fought like hell for my home and won’t stop until my attorneys convince me I am “out of the woods.” God Bless to all of you, The Very Best of Luck to all of you!!! American middle-class people are being robbed because of all of this craziness. We need to get rid of Obama, Congressmembers with over 4 years tenure and almost the entire Senate to return America back to the Americans who built this country before it is too late for our children and grand-children, to have a decent life. That’s NO JOKE! (my best, ce)
405 N.Lakeside Drive, Lake Worth 33460, was financed through MERS.Since then ,
vacant for 4 years,growing termites,rats and mold, as we are near the water..Subsequently wound up in the hands off David J Stern,P.A. of Palm Beach post reported under investigation
reputation, then Case , Court directed to be transferred to Ezra-ben Katz, after Case Management hearing, directed to Kahane & Associates,P.A. in same Town,Plantation Shopping strip.
An elderly couple(80 and 94) Mr.and Mrs. Valenti of Pennsylvania, signed for Kahane & Assoc.P.A.
in good faith, an
all Cash Contract for purchase of 405 N.Lakeside Drive, Lake Worth with $5,000,- cash deposit, which I faxed to Kahane &Asssociates, to that firms’ para legal, Caroline Marquez, formerly with David Stern.
This person referred me to a “Last” Mitigation org.???? with a non-working phone number, 808-737-1192 !
Then an extension 2400 which was not manned.I deal with real frail live humans.
For humanitarian reasons I am requesting your Honor,
that you direct this 3rd Lawfirm to effect the sale of above home to Mireille Valenti(husband Michael, is nearly totally blind , afraid of snow)
a.s.a.p., as they have not much time left, for questionable Law firms created delays.
Please direct them to do the necessary , to effect this purchase.,so that they can move here ,before winter!!
With my most gracious thanks,
I am,
Dee McNamara,Realtor at Realty of the Palm Beaches,Inc.
An elderly couple,clients of mine(80 and 94) has sent a Purchase Contract for 405 N.Lakeside Drive,L.W.33460
with a $5,000,- good faith deposit check to Kahane & Associates,P.A., which acquired control of it,after , removal from Daid Stern,P.A. then to Ezra-ben-Katz, then Court directed to Kahane Associated,P.A.
all in the same location.
This Contract was invited by their para-legal(formerly of David Stern) Caroline Marquez, to whom i faxed it.
She claimed submitting it to Bank United, she asserted to be the owner .
After 2 weeks I asked what progress was made. I was then referred to a”Last Mitigation???” with non working phone number:808-737-1192.
Then to extension 2400 unmanned number.We have no right to play with human lives.
Your Honor, I request for the sake of humanitaruin reasons , that you urge that firm to effect the sale
expeditiously, as my clients do not have much time left, and hope to spend the remainder of their lives in the Florida sun, not in their present Pennsylvania location,.
With my most gracous thanks,
I am,
Dee McNamara, Realty of the Palm Beaches, Inc.
Earlier I asked about Ginnie Mae.
I’ve found what I was asking about. If you need access Ginnie Mae to see if a loan is owned
by it, here is the link. https://www.ginniemae.gov/lendamerica/searchLA.asp
Has anyone seen their Indmac/Onewest statement and notice a charge of “Funds Advanced by IMS”?
The fees are enormous.
for example:
3/18/2011- Total Fees Advanced by IMS $86,048
4/20/2011 – Total Fees Advanced by IMS = $103,410 – (an increase in fees by $17,362)
5/20/ 2011 – Total Fees Advanced By IMS = $158,671 – (an INCREASE in fees by $55,261)
This has been going on since September2010. And getting bigger and bigger.
Sure I am in litigation and they have pulled the non-judicial foreclosure from federal court and refiled it in state court as a Judicial Foreclosure. They are suing me for the house and the amount of the house if they can’t sell it at auction for what is owed. Yes looks like a deficiency (which looks like it includes the IMS funds) So are they trying to double dip for attorney fees by padding my statement and then try to get awarded attorney fees? Any one have a clue on the Funds Advanced by IMS . It all started when I original filed the court papers.
Curious and ticked off about this. My attorney is planning on getting a deposition from the banks attorney on these fees. But in the mean time curious if any one else has seen this.
We were offered a no-cost refinance back 2009, by PNC, but we were told you had to be delinquent to qualify
Was anyone on here told that as well? or Does anyone have proof that when this Government , Making Home Affordable Program first came out, you had to be behind in payments. I know they changed the guidelines after the program was up and running, but I need this research for my case. Any help would be greatly appreciated,
Is anyone familiar with GInnie Mae? Is there a tool bar similiar to the ones at
Freddie Mac and Fannie Mae? I need to verify some information I just
discovered.
Paul D Rogers
Sounds like the court or plaintiff does not have your correct address.
Get a copy of the court docket sheet for your case from the clerk of courts office.
What to do next depends on what state you are in.
You probably need a lawyer as soon as possible.
My name is James. I go by JamesM on the foreclosurehamlet website.
I don’t want to post my phone number here so contact me through the foreclosurehamelt website, and I may be able to provide some insight on what you must do next, how to find competent counsel and how to get your act together. If facing a trial date you need to move fast.
James, I see your Member Page on the foreclosurehamlet website, but don’t see a way on that page to contact you. You can e-mail me @ pigeyex@comcast.net. Thanks! I am in Florida, like you.
ok, left you a Friend request with a message at the other site. I needed to wait to get approved. thanks! I’d love to work something out with BofA, but it would have to include a principal reduction, as I’m significantly upside-down on the house. I do notice they’ve been calling me more and more frequently in advance of this court date.
——————————————————————————-
Subject: Fw: Letter to a bank
Date: Mon, 27 Dec 2010 10:00:39
Sent: Sunday, December 26, 2010 8:05 AM
this letter was published in the NY Times. Maybe this woman could compose
a letter to send to the banks for illegal foreclosures.
Subject: Fwd: Letter to a bank
86-year Old Lady’s Letter to Bank
Shown below, is an actual letter that was sent to a bank by an 86 year old woman. The bank manager thought it amusing enough to have it published in the New York Times.
Dear Sir:
I am writing to thank you for bouncing my check with which I endeavored to pay my plumber last month.
By my calculations, three nanoseconds must have elapsed between his presenting the check and the arrival in my account of the funds needed to honor it..
I refer, of course, to the automatic monthly deposit of my entire pension, an arrangement which, I admit, has been in place for only eight years.
You are to be commended for seizing that brief window of opportunity, and also for debiting my account $30 by way of penalty for the inconvenience caused to your bank.
My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways.
I noticed that whereas I personally answer your telephone calls and letters, — when I try to contact you, I am confronted by the impersonal, overcharging, pre-recorded, faceless entity which your bank has become.
>From now on, I, like you, choose only to deal with a flesh-and-blood person.
My mortgage and loan repayments will therefore and hereafter no longer be automatic, but will arrive at your bank, by check, addressed personally and confidentially to an employee at your bank whom you must nominate.
Be aware that it is an offence under the Postal Act for any other person to open such an envelope.
Please find attached an Application Contact which I require your chosen employee to complete.
I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative.
Please note that all copies of his or her medical history must be countersigned by a Notary Public, and the mandatory details of his/her financial situation (income, debts, assets and liabilities) must be accompanied by documented proof.
In due course, at MY convenience, I will issue your employee with a PIN number which he/she must quote in dealings with me.
I regret that it cannot be shorter than 28 digits but, again, I have modeled it on the number of button presses required of me to access my account balance on your phone bank service.
As they say, imitation is the sincerest form of flattery.
Let me level the playing field even further.
When you call me, press buttons as follows:
IMMEDIATELY AFTER DIALING, PRESS THE STAR (*) BUTTON FOR ENGLISH
#1. To make an appointment to see me
#2. To query a missing payment.
#3. To transfer the call to my living room in case I am there.
#4 To transfer the call to my bedroom in case I am sleeping
#5. To transfer the call to my toilet in case I am attending to nature.
#6. To transfer the call to my mobile phone if I am not at home
#7. To leave a message on my computer, a password to access my computer is required.
Password will be communicated to you at a later date to that Authorized Contact mentioned earlier.
#8. To return to the main menu and to listen to options 1 through 7.
#9. To make a general complaint or inquiry.
The contact will then be put on hold, pending the attention of my automated answering service.
#10. This is a second reminder to press* for English.
While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.
Regrettably, but again following your example, I must also levy an establishment fee to cover the setting up of this new arrangement.
May I wish you a happy, if ever so slightly less prosperous New Year?
Your Humble Client
And remember: Don’t make old People mad.
We don’t like being old in the first place, so it doesn’t take much to piss us off.
Elizabeth
June 21, 2011 at 7:40 AM
What a creative witty piece of writing!
And how upset that we are treated this inhuman way.
So sad that it has become a new norm with TBTF.
Even though it needs to be somehow supervised, checked, and controlled, still it is impossible to control every setting and action of the companies we deal with.
Maybe we should forward it to FCC for their consideration?
Readdocs
June 21, 2011 at 8:46 AM
Those who run the automated world need millions of such introduced into their lives.
Also, excellent letter writing, with complete sentences no less!
It would be wonderful to wake up one morning to know that millions of folks all over this
blessed country have woke up, pissed off from being pissed on for generations.
We could use a nice tsunami of cleansing anger, root and branch cleaning
Many thanks to whomever wrote that wonderful letter!
Any time you call an 800 number
(for a credit card, banking, charter communications, health and other insurance, computer help desk, etc)
and you find that you’re talking to a foreign customer service representative
(perhaps in India, Philippines, etc),
please consider doing the following:
After you connect and you realize that the customer service representative is not from the USA
(you can always ask if you are not sure about the accent),
please, very politely
(this is not about trashing other cultures)
say, “I’d like to speak to a customer service representative in the United States of America.”
The rep might suggest talking to his/her manager,
but, again, politely say, “Thank you, but I’d like to speak to a customer service representative in the USA.”
YOU WILL BE IMMEDIATELY CONNECTED TO A REP IN THE USA.
That’s the rule and the LAW.
It takes less than one minute to have your call re-directed to the USA.
Tonight when I got redirected to a USA rep, I asked again to make sure – and yes, she was from Fort Lauderdale.
Imagine what would happen if every US citizen insisted on talking to only US phone reps from this day on.
Imagine how that would ultimately impact the number of US jobs that would need to be created ASAP.
If I tell 10 people to consider this and you tell 10 people to consider doing this – see what I mean…it becomes an exercise in viral marketing 101.
Remember – the goal here is to restore jobs back here at home – not to be abrupt or rude to a foreign phone rep. You may even get correct answers, good advice, and solutions to your problem – in real English.
If you agree, please tell 10 people you know, and ask them to tell 10 people they know….etc…etc
Inviting comment on the following prior to dispatch;
June 11, 2011
John McCormick
XXXXXXXXXXXXXXX
Las Vegas Nevada
GMAC MORTGAGE SERVICER
PO Box 969
HORSHAM PENNSYLVANIA 19044-0969
EXECUTIVE TRUSTEE SERVICES LLC
2255 NORTH ONTARIO STREET, SUITE 400
BURBANK CALIFORNIA 91504-3120
Dear Sirs;
This letter constitutes a Qualified Written request as defined by Federal Statute governing the mortgage lending and servicing industries. You are attempting to foreclose on my home at XXXXXXXXXXXXXXXXXXXXXXXX.
Question? You will please tell me in what form my promissory note of June 2006 is being held by the “lender” or “holder of the note” as defined in the note?
Question? Is the note being held in its original form or is it being held as a “Transferable Record” as described in Public Law 106-229, Title II Section 201 of June 30th 2000?
If the note is being held as a transferable Record [and I have good Reason to believe that it is], then I hereby demand my rights under Section201 (f) TITLE II of Public Law 106-229 of June 30th 2000. That is, I demand that you provide reasonable proof that you are in control of the transferable record. Since you have, in the past provided me with several disparate copies of the note and I maintain these in my possession, I further demand that you grant me “access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record”
Sincerely Yours,
__________________________________________
John McCormick
Hello Mr. McCormick, My name is Juanita and after a long and longer battle with mortgage fraud, I discovered MERS Jeffrey Stephan had signed as VP for MERS or GMAC one or the other. Because I had default judgments against all those involved in the mortg fraud ring, I needed only to prove that US Bank did not hold the original title to my home. Actually, the bank should have proven they held the title or note. Well, in the end it didn’t matter one way or the other. They only answered once that they rcvd the loan through a “grab bag” style process from GMAC. I had all my hope in thier case being invalid or dismissed but not here in California. The banks will keep you in paperwork, with questions and answers, depositions that cost me $3000 each time and just round and round until we could not afford to continue fighting a business with ATM machines. So now my family and I after fighting GMAC, Lehman Bro, and US Bank are unfortunately forced to end this and will be literally homeless in a couple of weeks. I did prove mortgage fraud against us, I did nothing wrong, but there is no justice for my family. I fought in civil court for just about 5 yrs now, i stongly suggest you have an attorney file a restraining order against anyone or entity that tries to foreclose on you until you’ve had a chance to prove your case. I believe its called a lis pendis. This will make it much better for you to fight your case without worry about the other side pulling sneaking stuff out on you. Like a bank we never heard of until 4 yrs later saying this is their home. It doesnt make any sense to me how a bank can claim my home with 1 piece of invalid paper. im told the cases regarding MERS are not the same here in California. I wish you all the luck and strength in the world. Dont Give Up!
HammerTime
June 14, 2011 at 3:10 PM
Good to see you are still positive and helping others.
It seems MERS may not be a strong case in CA unless there have been mistakes or cover up in recording process.
You may want to look at other issues such as predatory lending or fraud in origination process.
I Just want to vent a little here. I have been contacted by the FL BAR about a modification that was a joke that American Residential Law Group which is own by two FL lawyers Oscar Estevez & Joel Jacobi charged me $1395 and took the money and ran.
First thank you to the FL Attorney General who forward my complaint to the FL BAR. Thank you to the FL BAR for looking into this matter.
Now here is my vent. I am from GA. I have seen so many people on foreclosure sites from FL begging for help. Why is Florida not helping their own? Why is GA not helping their own?
.Two law firms from GA McCalla Raymer & Pendergast & Jones have now open offices in Florida. Are they not making enough money off of GA homeowners who are being foreclosed on?
These firms need to be kicked out of Florida. We all know Florida has enough of their own questionable lawyers they sure do not need ours from GA.
Pendergast web site list at least 100 foreclosure a month on their website http://www.penderlaw.com. I checked yesterday and only one did not have a bid. Who is buying these houses?
Kay Mixson Jenkins, Many of the foreclosures are being purchased by foreign interests. Here in Nevada there are many properties sold to Canadians. Did anyone hear the story on this morning’s new about the federals wanting to raise the minimum down to 20%? That will indeed help their plan to continue the meltdown. It’s time to change the name from “recession” to “Government sponsored depression”. The end game is to create a debt peonage in America. As we speak, the internationalists are attacking Northern Africa with the intent of creating a peonage in that area. It’s time to cut our ties to “free trade” the IMF, and the FED. Tariffs on foreign goods will force the factories ( and the jobs) back to America. Time to change our monetary system!
HammerTime
June 17, 2011 at 8:25 PM
I agree. The more I get involved the more contradictions there are. Politicians, academia, policy think tanks are all on board w/ pushing people out of their homes. This goes beyond class and party. Liberalism is dead in our institutions (small l) but not in us. We have to go beyond liberty of taxes but think of all of our rights to life and the pursuit of happiness. Strange day!
I’m here writing on behalf of my mother. She received a letter from BoA (constrictor) today stating her former Countrywide loan — now serviced by BAC Home Loans Servicing, LP — will “transfer to our parent company — Bank of America, N.A.” come July 1.
Her mortgage was with Countrywide, but according to Broward County public record it was transferred to MERS for $10 in 2005 a few months after purchase. She’s paying $2900 (w/ insurance) ALONE, BY HERSELF, every month. And it keeps going up. They even wanted to charge her $3000 to get her now ex-husband off the mortgage, even though she had a quit claim deed, divorce papers, etc etc.
These people are criminals.
She’s underwater by about $30K — not much, but it would help — and she is going to be paying this by herself for a long time, unless we work together. She’s got too much pride to stop paying. We shop smart, her credit is stellar. (To give you an idea of how she is with money, we were watching a Suze Orman special for the first time the other day and Orman listed ever money mantra we’ve always lived by.) My mom deserves better than this. I live at home and I hate to see how heavy this house weighs on her, in turn weighing on me. With my income, we just get by. But we are getting by.
Does this mean MERS will no longer “hold” the note? Is this going to be another $10 transfer, and quash my dreams of filing the paperwork to ask where the original note is? Because I am ready to begin the process.
MERS cannot EVER “hold” a note. That would be banking, and they are not a bank. They have even argued that they do not hold notes in court, to avoid having to be regulated as a mortgage broker and/or bank.
Submit a Qualified Written Request to the “note holder” at the address stated in the note itself. If that is no longer valid, too bad for the bank, because they are required to notify you pursuant to those documents, of where to send “notices”. You are abiding by the contract, they are not.
Unless he has died, only your husband or a court can get his name off the mortgage. If that was not specified in your divorce papers, the bank is SOL without his acknowledgement.
If you had a Countrywide loan, as did I, chances are the note and or mortgage docs were never transferred during the securitization process. They are either using info in MERS and / or public records.The probably want your ex-husband off the mortgage so they can draw up an “updated” contract, where you will essence sign away your legal rights to challenge that they have an instrument in the note or mortgage. That is what they do with loan modifications.
k.b.
June 13, 2011 at 2:40 PM
Thank you, Tim! I found a copy of a QWR to send from Scribd (looks like there are many to choose from). I’ve read through it a few times, and it seems sufficient. I’ll be mailing it off tomorrow.
Do you know of any language I MUST include in a QWR? And, more importantly, do you think it’s okay to have only one borrower sign the QWR? I can also furnish a copy of the quit claim deed in addition to the QWR if you think it would help.
Use whatever they have as a template. The wording should also reference your own state’s laws. Whoever is responsible under the note and mortgage should sign.
I am a victim of a loan mod/principal reduction scam. I was contacted in Sep 2010 when the Notice of Default was filed in the San Bernardino County Recorder’s Office. The company that contacted me was Goldenkey Financial Services at 255 E Broadway Glendale, Ca 91205 contact person Daniel Hernandez (818)536-7442 and (213)804-2165 dhernandez.goldenkey@gmail.com. Others there that were involved in the initial meetings and instrumental in the agreement process were Fabian Ramirez and Alex Munoz. We did not know the process at first, we were only told a generic outline of events of how the principal reduction program worked. We later found out that they were working with Qubelink Financial Services at 255 E broadway Glendale, Ca 91205. Other aliases are Globus Management Services, EZ Management Services or Foreclosure Stop. FBN Filing # 20110461339. Initially, we worked with Dante La Madrid dante_lamadrid@yahoo.com (no known telephone #) and then later Ricardo Ligad (818)207-5264 rick@qubelinkservices.com. We were told that the fee was approx $5000 per house to be involved in the program, but we had two houses and we received a discount and paid only $6000 for the both. Sometime later during the process I was asking my wife what was going on and what were they doing. She could not explain so she scanned/emailed me the documents (I was in Afghanistan) and I began to review them and was confused to what they represented. I began to research online particular wording on the documents such as, ‘Accepted for Value’, ’Returned for Value’ and ‘Exempt from Levy’. These particular phrases led me to the whole Sovereign, Secured Party Creditor Movement. I began to learn that they were attempting to, in essence, through the use of the Uniform Commercial Code, Admiralty Law, Trust Laws and Bankruptcy Law capture my “Strawman” account at the US Treasury Dept. in order to discharge my debt with Aurora Loan Services. At this point, I began contacting Qubelink trying to get answers to what this process was and copies of what they were doing. I was met with a brick wall. From the end of May until this date, June 9, 2011, I have been in contact with Ricardo who has been avoiding all my questions and when he did respond he was rude and inflammatory. This is when I ended our agreement and asked for a refund of $6000 that we paid upfront. To date, Qubelink has failed to cooperate or negotiate the return of our monies.
If anyone has any information about these companies or persons contained within please contact me at willsytyle1970@yahoo.com
“Short sales may be targeted for fraud
A study estimates that banks and distressed home sellers will lose more than $375 million this year when they sell undervalued houses to tag teams consisting of realty agents and investors.”
“But the bottom line here, as seen in the Connecticut guilty pleas, is that short-sale thievery is federal bank fraud. Realty agents and investors who participate in these schemes risk prison terms of up to 30 years, big fines plus restitution of the funds they stole.”
Here’s another short sell. …homeowner set up for a foreclosure, and offered a short sell to keep the foreclosure from ruining their credit. The real estate agents/broker and the investor are already set up.
The foreclosure nearly happens leading to the short sell. The investor is already placed, maybe already
put money on the table for the property. A threat of a lawsuit is the only thing that kept the foreclosure
from happening, due to the fact the property owners were never contacted and informed a foreclosure
is imminent.
The criminal act starts with the mortgage payments for 2.5 years being diverted from the account
assigned to recieve the payments. The foreclosure is attempted. In the ensuing 6 months an offer
is made to the owners, making up the missing payments and continuing to pay off the mortgage.
The payments are missing alright, going into another account to make it look the owners had gone into
default.
How many others has had this happen to them? How many have lost years of investment through no
fault of their own, having to walk away after being defrauded. This case happened back in 2005, and
still has had no resolution.
HammerTime
June 9, 2011 at 5:37 PM
That should be put up in a hall of shame! That’s what we need so people understand it’s not just bad homeowners, MERS etc. The fraud is deep and layered. Need to stay in your homes if it makes sense and verify if MERS or some other layer before you sign or do anything.
This was too funny not to pot. The Fed actually has a Mortgage Foreclosure Resources link on their website…. Does the devil have a link on how to get to heaven?……LOL………….
thank you tim!!! they are so funny arnt they. waht a flipping mess. i am so stressed over this. i should sue wells fargo for pain and suffering. thank you for all your help and support through this, the truthy is almost finally out there
Tim Bryant
June 8, 2011 at 7:04 AM
We need a little humor every now and then, because this is a very stressful situation. Don’t let it eat you up. Live to fight another day !!! We can learn to laugh at the most ridiculous stories associated with the cause. Consider it like a soldier who goes into war and gets a morbid sense of humor. It’s not that he is an abhorrent person. It’s a humor used for the brain to help deal with a very real high-stress situation.
I don’t like to talk about myself much, but, this one is for everyone on here. I know the effects of what a high-stress situation does to you, since I suffer from Post-traumatic Stress Disorder (unrelated to this mess). If I knew then, what I know now, things might have been different. You need to develop a certain sense of humor, not as any disrespectful or morbid behavior, but as a coping mechanism for your brain. There are worse things than losing your house….your family, your sense of humor, your ability to socialize, and if it gets carried away, your mind or your life!!
When we post some funny comments, or the laughing mouse, take it in stride. It is only a stress reliever. I see comments on here from people who REALLY need to step down and see what is happening to them…nothing is funny. If anyone here is at that point, you need to see a mental health professional. That is not a statement that you are crazy. It is a statement that the traumatic effects of your situation are having negative effects on your mental health. You need to recognize this and seek help. As I said earlier, you need to live to fight another day……OK, I am done.
Ha Ha…
That link was brought to you by………..
Yep The ugly hang together.
This information was prepared by the following federal agencies: Department of Housing and Urban Development, Department of Justice, Federal Deposit Insurance Corporation, Federal Housing Finance Board, Federal Reserve Board, Federal Trade Commission, National Credit Union Administration, Office of Federal Housing Enterprise Oversight, Office of the Comptroller of the Currency, Office of Thrift Supervision.
Tim
I am at the library. I hqave a new Dell lqaptop so it is not my computer that causses me troubles and now being able to post.I think Astirua Federal the bank that sold my property without owning it has a second computer on my Internet line enabling them to watchm alter, screen and delete whatever I do. Yipes.
That 2009 decision was the Appellate Div. covering up for Judge Schlesinger’s Dec 4 2008 decision. Both of those decisions read like an LLPS DOCX document altering the facts and the dates.
From the Appellate dec. I went directly to the NY Court of Appeals and Chief Judge Jonathan Lippman decided on Oct 15 2009 “Miotion for leave to appeal dismissed upon the ground that the order sought to be jappealer from does not finally determine the action within the meaning ofthe Constitution I could not get a final determination.
In 2009 I wrote a little book (19 pages) about what started out with the bank hiding 4 of my mortgage checks to fake a default and then their never ending conspiracy of how to steal property
I have a PO ML- box 154 WEST sAYVILLE ny 11796. if you could drop me a note how to contact you I would love you to read the transcript of what is hapening to me and the part the judges play in foreclosure fraud in NY (even tb c/o a candy store in your neighboor hood.) Thanks m.
I just sent this letter to NY AG Eric Schneiderman. It is another aspect that needs to be addressed;
Thank You. The following information has been submitted:
Form submitted on June 7, 2011 9:17:24 AM EDT
Personal Information:
Mr Tim Bryant
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
Comments:
As part of your investigation of
mortgage servicers, you may want to look
into “captives”. These are the banks
offshore facilities they specifically
built as part of the origination and
servicing operations. If they try to
deny their existence to you, here is an
article proving such… http://www.nationalmortgagenews.com/nmn_
features/vendors-bundle-outsourcing-
tech-1025059-1.html?CMP=OTC-RSS
Tim
If there were more Tims we could untangle this massive fraud quicker
I will get back to you on my concerns about where I go from here regarding fraudulent documents since Judge Schlesinger wrote her own fraudulent opinion and five appellate judges covered up for Judge Schlesinger and wrote an opinion with false information and false dates. They won’t care much that the attorneys lied, the judges did it too.(Judge Schlesinger is in the unique postition that should never would have been a Supreme Court Judge, if it weren’t for the fact her husband Tom Nooter is a criminal attorney and a leader in the democratic party and very much a part of the nominating committee for Judges. )
I just read the 2009 decision in your case. She was pretty brutal in her decision. Your appeal would be timely if it starts tolling from when you first uncovered the fraud….if you can prove it. She may have a different attitude in that setting.
Your link no longer works. The page has been removed.
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To report a missing link or to get assistance, please call our customer service department at (800) 221-1809, 8:30 AM – 5:30 PM (EST) or e-mail Customer Service.
Tim,
Off shore makes complete sense, Why would the servicer conduct their fraud here on American
soil if they had a choice.
So much has been exposed in the last 30 days, Keep the faith. The banks are bound to fail again.
Hopefully we Jail the head’s of the snake soon !
Thanks
And for those who think the government cannot take back the country from Wall Street, oh yes they can. They have a very powerful tool. It is whether they have the intestinal fortitude to use it for it’s intended purpose, and not to oppress the citizens…. http://en.wikipedia.org/wiki/Posse_Comitatus_Act
Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once.”
– George (the man with a plan) Washington
I feel like that Dan cat in the photo, complete with grimmace and with hand on sword, not weiner, sword. Speaking of A.W., ask our Congressman what he learned this week in show and tell. Specifically, it is always best to start with the Truth…Arnold, Mr. Edwards, would you gentlemen agree? Start with the truth…third grade stuff right?
Right Toni Francis, Bob Hendrickson, Donna Black, Mike Fischer, (v.p of Fraud) and assuming he exists and is a real, not just a robo, ‘executive’……and of course their attornies of Ringert Law, Laura Burri, and their sleazy real estate agent of Real Estate Royale, also of Boise, Idaho. RICO all the way. . . . MetLife is FretLife…known offenders / usual suspects.
Oh and did you see that Rep Bauchus of Alabama has suggested that American’s need less/fewer Federal Programs to help Americans avoid foreclosure. Huh??? Fewer than none? There is no value less than zero.
The Federally Funded Banks being paid to help you and your neighbors are just pocketing the coin…again, the answer is simple, let the People pay what they can afford to their Casino…..and the Casino accepts payments on 30/35/40/45/50 yr schedules and offers Flexpay Programs. No extortion, no perjury, no court cases, no false accusations, just pleasant streams of incomes…..because really, in the end, the Customer, is, once again, always right….. Or the whole system can Buffalo Jump off the cliff, think Road Runner when he Wylie goes just a bit tooooooo far. You know the scene.
Put some Federal muscle around this – Flexpay system and you have a game changer. Then find the last person holding the ‘bag’ on the securitizations ‘products’ (in the World) and offer them full value of their holdings. Then follow the paper/money trail back to the fraudulent ‘Debt Collectors’ trying to double and tripple dip and build a wall around Irving, Texas and ask that the ‘town’ be coverted into a White Collar Crime Conviction Center (no moving costs, most if not all guilty parties are already there).
Then the ‘Orphan Loans’ get picked up by the US Treasury Dept (we all call Timothy our Savior) and three things happen.
1. Trust is restored in the markets (here and abroad), Americans can travel safely again and with coin.
2. China takes a long sigh of relief and stops calling our Sec of State names.
3. The Gov’t begins to make interest income on the protection and restructuring that it provided. Think of it as ‘Medicare’ for the ailing Home Financial Sector – but a heathy (well heeled) version…….. a win/win/win…..hatrick. Complete with lessons for the future so it doesn’t happen again.
Some months you pay more, some months you pay less, alot less….when you pay less you are a customer longer……————-> more revenues for the ‘debt collector / investor / fraudster / thief’ but it is an expense you control, like an accelerator pedal or brake, there is control and flexibility in these times of instability and chaos….. Wouldn’t you would think more business is better??!!
I am not sure where these Casino Bosses went to Grad School, but personally i cannot think of any business to knowingly turn down another 15 yrs of a client’s spend if given he choice. Especially if the alternative looked less attractive by all standards, weights and measures. . . and was referrenced by the American People as “Camp Snoopy’ and “Enron Iron’….. “Killing the American Dream”, “Perjury”, “robo-fraud”, and was conducted knowingly and with malice. These acts should be treated as a most heinous crime. Ultimately, that WAS all we had here in these Unites States- the Dream of a better day and safety that the Courts and the Banksters would have a System of Checks and Balances – that no man was above the long arm of the law. Especially Banks, especially Nationally Registered and Civically Funded Banks. Can you imagine a wheelbarrow full of curreny needed to go grocery shopping…..help hold your legistltive Assymbly accountable for restoring integrity into our Housing and Financial and Judicial Markets. It’s their job. . . you pay them to DO this. Have a check in…..it’s healthy. Your Senators and Congressional Reps WANT to hear from you.
You have a voice, it works, use it. George used his…..
One thing to watch…If any of these federal agencies oversee the foreclosure process, then the “Equal Access to Justice Act” kicks in. You can read the specifics of that law here….
This especially applies to anyone who is being foreclosed on by Fannie or Freddie. If you dig into your securitization, and can find an agency (i.e. Treasury) who is an investor on your loan, EAJA kicks in. This is important to mention to any attorney you may consult with. If the government reimburses the attorney fees, you may not have to pay a retainer.
Elizabeth
June 6, 2011 at 10:58 PM
Tim, what do you mean by “dig into your securitization”? And how do you think it works, with attorney and Pro-se?
Tim Bryant
June 7, 2011 at 8:03 AM
You wouldn’t need to go pro se if the government would reimburse your attorney fees. This is how Social Security appeals work. You do not pay the attorney because they get reimbursed. It is worth discussing with an attorney. This would also apply if you apply for an exemption from the SEC under Sec. 29 and they made (or failed to make) a decision which disregards you as party to a securitization (i.e. my personal experience). This would also occur if you have filed a complaint with Treasury that the lender / investor violated the terms and conditions of HAMP. It is Treasury’s responsibility under its’ terms to correct the situation. This invokes EAJA and the Tucker Act, as a government agency has acted (or refused to act) on an issue which directly affects you negatively.
If you dig into your securitization, and find that the government owns your loan (which BTW is in violation of the Constitution), these would also apply. Remember, Treasury and the Fed bought $2T in MBSs. It is also worth noting that SIGTARP has directly blasted Treasury because they created TARP and HAMP with no intention of enforcing it’s protections.
Elizabeth
June 7, 2011 at 8:27 AM
“It is worth discussing with an attorney. ”
Tim, it is simply worth discussing. It can make a difference if we, and the attorney (G-d willing), as well as the judges in our courtrooms,understand the mechanics of this Code. Also, what kind of opposition, stalling, rejection/reversal it may meet?
Have you heard of any actual case where this approach was used and failed or prevailed?
Tim, you are G-dsent to us, “the deadbeats”. And we are proud to have you. Good job!
It seems that you went through thick and thin “acquiring” this.
You have my true respect for sharing.
Liz
Tim Bryant
June 7, 2011 at 8:41 AM
Should we register with the Federal Elections Commission as “The Deadbeat Party”?…..LOL
Sort of catchy, isn’t it?
Tim Bryant
June 7, 2011 at 8:47 AM
Here is case law describing how EAJA works. I will look for anything more specific to our situations…
I have found that Vets who have been aggrieved on (VA) home loan foreclosures can invoke EAJA in the United States Court of Appeals for Veterans Claims…..
Here is the case you have been looking for. This case is so amazing, especially in light of TARP and HAMP, and the current foreclosure crisis. Amazingly, it dates to the 1980’s. In my opinion, a foreclosure by Fannie or Freddie, or any entity who received TARP money and/or participated in HAMP, falls under the cloak of EAJA if the government intervention caused you harm. In light of the abuses of HAMP, millions would fall under this….. http://ftp.resource.org/courts.gov/c/F2/743/743.F2d.454.83-2677.83-2038.html
This has already started. And one of the systems that brought this idea about is Ithaca Hours.
Which has been around for many years.
You might want to share this, and see if it inspires others to use such ideas in helping oneself and others.
I found an interesting site that gives alot of information how Fidelity and its different companies run their operations. It is in a newsletter called The Summit for employees .
Encouraging PEAK PERFORMANCE IIN THE FIIDELIITY PARTNERSHIIP
(look how nicely they word this)
an example: .
With the introduction of Signature Required, we have
the ability to track documents and identify documents that
may have been misplaced and need to be re-executed.
Readdocs
June 4, 2011 at 11:31 PM
In many cases that problem cannot ever be fixed, as the statute of limitations has run out in getting
that paper work registered and filed before the state time was up. If they were supposed to be in a trust
this means the trust is either deficient or empty.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
June 5, 2011 at 1:45 AM
@ Readdocs
Litton and their embedded LPS employees can come to the rescue, regardless of those pesky rules in the PSA, regardless of the IRS rules, regardless of the NY Trust laws and even regardless of the actual content of the Deed of Trust.
LPS’s initials are on the area of the assignment of the deed of trust as the requestor of the recording. Document to be returned to Litton after recording. The document is dated and recorded 5 years too late. It is generated and recorded after the supposed default and after the NOD was filed. It was signed by Litton’s attorney Debra Lyman in TX. At least, it is supposedly her signature. The document is self-serving since LItton is working for the supposed CWABS trustee, BNY Mellon. It is also a document that was generated after litigation was in progress and appears to be a fraud upon the court. Tisk, Tisk.
That document has Debra signing as the nominee of a Corporation that did not exist in reality and assigning the mortgage to a CWABS Trust from FIVE (5) YEARS before the date of the assignment. The assignment alleges to ASSIGN the NOTE to the trust also. MERS just is not supposed to have that capability EVER. But LPS and Litton Loan Servicing to the rescue!
See? Those pesky problems that can not be LEGALLY fixed are never beyond the ability of LPS and Litton Loan Servicing.
An important point, especially in litigation, is to file a criminal complaint if a falsified document is submitted before the court. While you may think that it will not go anywhere, it is useful as a strategic tool against these perps. You can drag them to court, subpoena duces tecum, to explain how these new documents came to be. Here is the kicker…if you have an attorney, they would remind the witness of their 5th amendment rights as their is an active criminal complaint. How much do you want to bet they invoke that right? Once they invoke, you ask for dismissal WITH prejudice, as you have the right to prevent a defense and confront your accuser and their witnesses under the 14th amendment.
If they don’t invoke, then you get a transcript of the testimony and submit it as evidence in your criminal complaint. You also have proof that the crime was committed as part of interstate commerce, was a conspired act, attempted to corrupt the judicial system, and used the mails and/or wires. Voila, you have just proven racketeering. If you lose your home because of this act, you file a RICO action against not only the perps, but now the state and judge for furthering the racket under Title 18 of the US Code.
Tim Bryant
June 7, 2011 at 8:34 PM
In today’s HuffPost there was an article about Goldman selling Litton. Here is a very interesting part of the article…
“In March, Goldman said it was considering selling Litton, which the company acquired in 2007. And then in May, the New York branch of the Federal Reserve received a letter from a Litton employee, who said Litton was denying mortgage modifications to distressed homeowners. The New York Fed said it was looking into those allegations.”
We can only hope BofA goes bankrupt….LOL. The world would be a MUCH better place.
Trevor Hitchin
June 6, 2011 at 1:31 PM
So I thought I was dreaming…stranger than fiction and happening now…..
I get a UPS (thick) ‘please don’t call the po-po on us’ the Executive Office of American Home Mortgage Servicing , Inc. (now in Bankruptcy) of the soon-to-be infamous center of our ‘piggies at the trough who just couldn’t help themselves….or Fur Closure HQ – a.ka. Irving, Texas’. Let’s just say their ‘tone’ has changed. Incidentally, so has the tone of the Law firm (to be unnamed) of Colorado, hired to falsly est. basis to ‘collect’ on an ‘already sold’ loan. (repeat the ‘already sold’ for emphasis and accuracy. I believe as a songwriter or playwrite might include a 3X – 5x in the ‘director’s notes collumn’…….
Yeah so like we are all ‘6th Sensing’…..the tide has now gained momentun asevidenced by my little office chat with the (other RICO-esque party) Northwest Land Services (the foreclousre ‘executioner’, the ones who actually schedule the sale of your home.
They are evil spitited too, and usually say things like:
“Sorry Maam/Sir, there just insn’t a THING we can do, unless your (Servicers/Debt Collector – fill in the name of your favorite sleazy mortgage Co. / ‘Prank’ here) ”
“We are proceeding with the Sale of your home at the direction of (see above) and unless and until you come to us with final settlement of $(many thousands of dollars plus fees on top of fees on top of fees – think Signapore tax/tax/tax) we WILL BE SELLING YOUR HOME.
Yeah, you could of heard a pin drop when I told them they too were just reported (by yours truly) to the FBI et al…. they were like “you know about M.E.R.S.?……….(silence / prego pause / more awkward silence).
ME: “More than I should.”
THEM: “Oh. (silence)”
ME: (listening for pin drop) “Hello – are we clear?”
THEM: “Yes.”
Then I walk into the house and get this – no, I’m no lying – there is Andrea Mitchell of MSNBC covering the story of a (are you sitting down), a Sherriff’s Department Team of Officers raiding (still sitting down) a Bank of America upon receipt of a Court Order to enforce the collection and sale of (yes you are are starting to get it) the Bank’s Assets…..chairs, printers, file cabinets (frem the Atty’s mouth, my new hero). It appears Bank of America illegally foreclosed on a family, judgement was reversed with penalties and reimbursement of attornies fees, Bank of America tried to skip out on the Atty fee part, (huh, they just charged me $140 in fees and I had to pay, okaaaaaay?!) and the Defendant / turned Victor/Hero filed for Enforcement. So when the cops go into the Bank, BofA takes out a ‘new’ Songsheet, and begins singing…. I was LMAO, then I got up and LMAO again. I wondered if I could post about it….or was I censored and booted????…..and well here I am.
The message, if you think you are being illegally foreclosed upon, or if you would like to protect your RIghts and likely those of any party(ies) who may be holding a “Purchased Deed of Trust / ‘A Product'” or interest (financial or otherwise), well, you get it…..stop them from hurting themselves, report to your local Police Depart (with evidence and a ‘Victim Impact Statement / Sworn Statement’ get it notarized and offer it to your PD – they will appreciate it and your report will be more accurate then trying to recall all details in front of a man/and or woman with a gun and or taser….. get it down on paper first. Got it?
Ok… so let’s see what Bank of America has to say about losing it’s perverbial ‘shirt’ to the Sherriff’s Department. I am not making this up. I couldn’t. And the Universe also has a light side. Keep it light. and never give up. Ever. Now go watch MSNBC and see if it has looped. 12:31 = 7
Tim Bryant
June 6, 2011 at 1:41 PM
This is another prime example of the old saying, “knowledge is power”. These entities prefer to fight unarmed opponents.
Bank of America is now moving mortgage servicing from B0A Loan Servicing to Bank of American NA.
Cindy
June 3, 2011 at 5:05 PM
Has anyone here had their mortgages transferred to the parent company–from BAC to BofA, N.A.? Why is this happening?
With some BAC second mortgages, a transfer notice stated that the loan went to Bank of New York Mellon, but servicing remained with BAC. BNY Mellon called itself the “new creditor.” About a week later, BAC transferred servicing to the parent company, BofA, N.A.
Has the parent company EVER serviced loans? Why now? Why transfer loans already in foreclosure?
The interesting thing is that under the UCC, as I understand it, if a bank takes a loan already in default, the bank becomes a debt collector, and debt collectors cannot foreclose. (If this is incorrect, someone please correct me.)
Tim Bryant
June 3, 2011 at 7:00 PM
Cindy,
Send a QWR to BNY Mellon. Ask them for a copy of the sales contract for your loan including, the terms, conditions, and consideration. If no money was paid for your loan, it was not legally sold for value.
DT
June 4, 2011 at 7:44 AM
I have just received my letter from BAC home loan servicing, my loan is going to BAC NA as of July 1. Let me ask you this…..They did the first fraudulent assignment of mortgage from MERS to BAC home loan servicing, now what ? can I expect another fraudulent assignment to BAC NA ? Doesnt this further cloud the title of my house ? are they digging a deeper hole for themselves ? I just dont understand why they would be doing this, there has to be a reason !! The plaintiff in my case is BAC home loan servicing can they no longer foreclose on me since they no longer own the loan ? I am starting to get confused ! ha
Tim Bryant
June 4, 2011 at 10:11 AM
You said they were the “plaintiff”. Assuming an action is already in the judicial system, submit a motion for summary judgement as the plaintiff is not the real party in interest. They cannot do a transfer or assignment, after the action has been initiated.
You can research numerous cases which have been dismissed on these grounds. Usually, they are without prejudice. This means that they can refile.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
June 4, 2011 at 10:23 AM
I’m not certain if everyone here is on top of the fact that both SERVICING and NOTE OWNERSHIP are moved SEPARATELY. Servicing can move without any change of ownership. Ownership can change without a change of servicer.
As far as a change of the OWNERSHIP while someone is being foreclosed by the SERVICER. Hmmm. SOME courts do not allow the servicer to foreclose, some do. Documents may actually show the servicer is foreclosing on behalf of the owner. If it is being done by the servicer on behalf of the owner, and the ownership changes, the court might allow the docs to be amended.
Now if it is a BANK that is the new OWNER, you need to check the laws. I recall reading something recently about a transfer to a bank of a defaulted note falling within the FDCPA and that the result was the bank came into play as a DEBT COLLECTOR. The rule that was being cited did not allow collection via foreclosure. You need to check this rule. It is also in the BK laws about a debt collector I believe. Check the ‘strong-arm’ rule there.
Tim Bryant
June 4, 2011 at 10:26 AM
Hell no,
I just found an article on an industry website that is making me question whether the lenders EVER “own” the note. You MUST read this. It is very telling….especially the “offshore operations”….
Tim
My computer is hacked into I have to wait to go to a library to put my reply in to you.
Today being Sunday the library is only opened short hours and busy so not today.
thanks tim i sent a letter yesterday and today. about the securitization of these loans and not educating us about securitization was fraud and all our loans are null and void.
John McCormick
June 2, 2011 at 8:45 PM
Thanks Tim! Here is a copy of my note to the congressman.
Dear Rep. Cummings,
One over looked aspect of the foreclosure mess is the artificial support of housing prices in the US by the misreported and misidentified transactions between the foreclosure mills and fannie and freddie. Here in Nevada, the transactions reported by Fannie and Freddie as “sales” are not sales but merely transfers of interest between the parties. These “ sales” are reported at the price of the defaulted loan, rather than at the price of the property value. The “sales” are then picked up by AVMs Automated Value Models) ( think Zillow) and are used to support an unreal assessment of market conditions.
The issue is further complicated by Fannie and Freddie’s status as GSE who are or are not “private companies” . As a government agency the entity should pay no transfer (stamp) tax in Nevada. However just the other day Mr. DeMarco of FAHA stated before congress that Fannie and Freddie are “private” companies and therefore not subject to the FOIA mandates. (Page 8
Subjecting Fannie Mae and Freddie Mac to FOIA) http://www.fhfa.gov/webfiles/21318/Demarcotestimony52511.pdf
If they are private then they may owe us some taxes and if they are public then why are they not submitting to the FOIA mandates?
Is it not time that we returned to the American system of finance as described by Carey in the 19th century?
BTW more than a year ago I attempted to find the identity of the lender as defined in my promissory note by putting in a FOIA request to HAFA. I still have no idea who the “lender is” and I have a right outlined in the note to be conversant with the “lender”.
Thank you for your attention,
John McCormick
Tim Bryant
June 3, 2011 at 6:37 AM
John,
Great letter !!!
Tim Bryant
June 3, 2011 at 3:17 PM
Thank Bryan….he found the link and posted it for us.
Tim – I’m glad to see you posting. Last night when I watched the weather channel I thought about you and I’m sure alot of others did too knowing you lived up in Massachusetts. I sent Cummings my little book on my nightmare I hope they are really going to help us.Can’t they go faster than turtles.?
John McCormick
June 2, 2011 at 8:52 PM
I made an error in the last post. HAFA and FAHA should have read FHFA………… Federal Home Finance Administration
Tim Bryant
June 3, 2011 at 6:33 AM
Thanx, I live in a suburb of Springfield, so the tornadoes came our way. The only thing I lost was my phone and internet for a day. The next town over from me is a mess. When you see it, you realize how much your home means to you.
Thank You Tim, I am writing a complete letter. I hope everyone that can will just flood him with their cases
Tim Bryant
June 3, 2011 at 6:40 AM
I hope everyone visiting this site takes the time to submit their horror story. Also, any evidence of legal, judicial, or legislative misdeeds should be sent to that site as well. Rep. Cummings is the best defender we have on the hill.
Tim Bryant
June 3, 2011 at 6:07 PM
Mike,
You should submit an invitation to view this website to Rep. Cummings. He will see the mass of issues everyone is dealing with. It may be very informing.
thank you all! my husband has been silent through this because it is me that is on the internet fishing. trying to stay alive. we have alot invested in our home and i would not walk away. he has said to me on numerous occasions why we can not all combine on some facebook page like egypt. and try to get a protest together on each of our individual capiyols on the same day. stregnth in numbers. i feel when i go to court and have to stand of this judge i am alon and naked it can not be that way. wells fargo can be aloud to win a free house from me. what they have done is a federal crime. lieing , cheating and stealing to win a free house.. lieing at contract, lieing as a servicer and lieing in modification. lieing to all government entities to make it same like we are the bad deadbeats when they told us to stop paying. all crimes. please we need to find some way to combine efforts and stop this foreclosure machine.
Housing expenses, similar to other basic necessities, has to be a reasonable percentage of a person’s take home pay. But home valuations are still too high because of the bubble. The bad banks have to be forced to write down/off these overpriced assets. Only then can the prices come down to realistic levels.
The Oversight Committee is currently conducting an investigation into the foreclosure crisis and is interested in any information that may help further the investigation.
The Oversight Committee has the highest respect for confidentiality. As such, we respect your need to remain confidential and will use your contact information only to follow up with you regarding your submission. If you do not wish to provide contact information, you may leave the contact fields blank.
Message to Ranking Member Cummings:
This link to Nationwide Title Clearing’s website clearly shows how assignments and transfers are not done by MERS employees, or by the true party of interest in mortgages.
I spent nearly an hour on the phone with the FBI today (SLC – Regional) reporting my abusers (Robert Hendrickson of FretLife / First Horizon, Tony Francis formerly of First Horizon and Mike Fischer, also of FretLife). At the end of the conversation, I was not given a report number but was told that my $300,000 in losses and 10 yr sentence to Bad Credit Land was not really enough of a ‘loss’ for them to go much further, but the Duty Agent did say they would review it. I informed the Agent that although it was not a massive amount to the Bureau, they were my last stop toward Justice and the amount did represent 5 yrs of my blood, sweat, tears and over 26 yrs of my Roth IRA savings – spent on the remodel to save the house. I then said if we as Americans are losing billions to these scammers / criminals. Look for my book on the subject Fur Closure… the high cost of white collar sloth….
Board – this is the place, the battleground for saving this Country and what it stands for (stood for) when our grandfathers and grandmothers had their run in with evil – remember that? Had they lost that one, this text would be in German. Well, I would have been gased, I would have had no Rights. That is the bad/sad news.
The good news is that miracles do happen and well, at $15 Trillion in the hole and China et al. staring down the US (read: clean up your act America or we will do it for you) – times are changing and in the Year of the Rabbit, we need change to bounce/hop quickly then settle.
I am calling on all Law Enforcement to take our indivual claims seriously. Together they amount to global losses and issues – worthy of the Justice we as Americans stand for.
Tim, thanks for holding the tillar while I slug away. I am awaiting news about Emergency Federal Foreclosure assistance that I qualify for but that is being dolled out by Republican minds that don’t like to help anyone (read: I may get my day in Court afterall) – Fur Closure round II. Basically, am calling American Home Mtg Servicing on their bluff. They have no basis to accept my full mortgage payment and NOT apply it to my loan. I will be calling Boise Police Dept to file fraud complaints tomorrow. Keep the pressure on these criminals – all of them.
Also, if you bitch about America, remember, YOU chose not to vote. Teach the youth that only in America can you vote freely or run openly. . . Watch next fall, the election will go to the ticket that resonnates and today we can all see that Palin / Trump / Christie / and Boner are all a bunch of clowns…recycled losers letting the world down and those millions who have come to this land in hopes of being free from oppression.
Remember what I said a year ago, if the Casino was allowed to cheat (not stack the odds, CHEAT) then they would have the Nevada State Gaming Commission all over them. No winners, cheating houses, no casinos…..just sand. Keep that in mind. We are all very temporary – in the big picture.
Fight on! The rock is about to break – the sword is moving… Call you local FBI and/or police – let them do their job. Help take a bite out of (white collar) crime. I hope that Eqgyptian pig, that Italian pig and that French pig all get their full plate of Justice. They can’t help themselves but in America – we still have laws and fighters. . .
I hope you each have taken a bit of hope and courage away from this board, I have. Tim, you still rock. . .
Oh yeah, remember what was fought for in 1814 in Baltimore. Those merchants sank THEIR OWN ships to block the British….. then fought ALL night and yep, it was still there in the am. We got em on the run now… we DO. DONT YOU FORGET IT. T-bone -RA 777
what is happening to the United States is what happened in Nazi Germany.
Google the enclosed : ( it comes from CBS BNET)
Home / FindArticles / Reference / Vanderbilt Journal of Transnational Law / March, 2004
Imperfect justice: looted assets, slave labor, and the unfinished business of World War II
by Stuart E. Eizenstat Home / FindArticles / Reference / Vanderbilt Journal of Transnational Law / March, 2004
Imperfect justice: looted assets, slave labor, and the unfinished business of World War II
by Stuart E. Eizenstat – US Ambassador to the European Union,
Comments .12345678910…
15Next ..I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe–in Switzerland–to keep them out of Hitler’s clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of German and Austrian employers and were never compensated (most of these, by the way, were non-Jews in Eastern Europe); those whose hard work, businesses, and apartments were confiscated and never restituted after the war; those whose insurance policies were never paid; and more broadly, those whose entire culture was stolen from them. It is a story of how some of the world’s most powerful corporations were finally held accountable five decades after the end of World War II. It is a story of political intrigue, of diplomacy at the highest levels, involving our president and the heads of government of a number of European countries. It is a story of threats of sanctions by state and local authorities, and a story that involves a colorful cast of characters reminiscent of a Shakespearean play.
It started for me on a typically wet, dreary January day in 1995 when I was in Brussels serving as the US Ambassador to the European Union…..
Comments .12345678910…
15Next ..I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe–in Switzerland–to keep them out of Hitler’s clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of German and Austrian employers and were never compensated (most of these, by the way, were non-Jews in Eastern Europe); those whose hard work, businesses, and apartments were confiscated and never restituted after the war; those whose insurance policies were never paid; and more broadly, those whose entire culture was stolen from them. It is a story of how some of the world’s most powerful corporations were finally held accountable five decades after the end of World War II…
Well said. The people WE bailed out, spit on us. The people WE elected, ignore us. Now is the time to be more vocal, to them and the media, get the word out, WE demand to be heard !!!! Do not beg or plead for their consideration, DEMAND it !!! We are past the pleading, which we did to our detriment. Make these worms squirm.
I have been trying to find my “pool” in EDGAR with no luck am I missing something in here?
Chase funding Mortgage loan asset-backed certificates,series 2004-01 , is what it says on the assignment they filed in court.
I ran it under chase and could find a few but not the -01 for 2004
Hello! In connection with privacy issues and the release of information to third parties – it is also important to check service agreements & applications. Many firms will sneak in text that says the applicant agrees to the release of data to affiliates or non-affiliates that “may offer services of interest…” (or similar language). The applicant is then forced to opt out of the sharing…often is missed, of course. So, we have to opt-out later via an 800 phone number or letter. Often times, folks are thereafter surprised to find themselves being solicited by these other companies.
I’m not in the mortgage business (uh, I have a soul…), just work in the compliance field. Also the victim of fraudulent mortgage. I write privacy policies as well. It slays me when regulators will beat up small entities for privacy infractions (most are unintended errors) but these large entities seem to skate unless there is widespread issues/fraud involved in the data release.
Check apps/service agreements – report violations of the Federal Privacy Act (just another thorn to add in the violator’s side). Keep up the good fight 🙂
For those in Florida…
Is there someone who used the mediation. Would you want to share your experience?
The site http://www.rmfmp.com says: “Because of the high number of mortgage foreclosures in Florida, the Supreme Court of Florida has issued an administrative order to all lenders that requires them to seek mediation of the foreclosure proceedings prior to bringing the case to the courts.”
What is this? Mortgage Investors, Inc. offering refinance to newly mortgaged home owners. Without solicitation calling these new home owners refinancing without any real closing costs or credit check.
They are using the VA to obtain lists of new VA financed home owners, offering refinance of loans attached to the interest rate of government T Bills.
Is this just another round of mortgage fraud?
Don’t you get a kick out of all the unsolicited mail you get from other banks to refi, while your trying to do a mod or avoid foreclosure? Where do they get that info?
Elizabeth
May 30, 2011 at 2:31 PM
I have the same question. I receive a lot of similar offers stating that they got it from the “public records”.
This is especially strange because nothing has been filed in the Clerk’s office.
Then, where from???
Tim Bryant
May 31, 2011 at 7:00 AM
It is either coming from the banks themselves who have a fiduciary responsibility NOT to disclose your personal information, or the credit reporting agencies who are not allowed to allow access, disclose, or sell your personal credit information without your approval.
Elizabeth
June 5, 2011 at 9:06 PM
Tim, what steps may be appropriate now?
Also, if someone else is in the same situation in Florida, may we complain as “a class”, or better do it on the individual basis?
Tim, G-d bless you, your family, and all those who don’t give up fighting and defending.
It’s strange, this couple who just closed in October, and moved into the new house in March were contacted by phone by Mortgage Investors, The representative ask if he could come to their home and
explain to them why refinancing would be to their advantage. This is a brand new mortgage, and already they were being solicited, not through the mail, but via phone. Plus, since this was a VA loan, how did this company get their information. The VA does not give out that kind of information. And it was said the VA
gives them a current list of those who had used VA loans.
So where’s the wrinkle in this mess, and it’s there.
Tim Bryant
May 31, 2011 at 7:02 AM
BofA manages the VA loan program, so what else would you expect out of them?
Readdocs
May 31, 2011 at 11:44 PM
Wow! Thanks Tim.
They’ve got their fingers in every thing don’t they.
Readdocs
June 1, 2011 at 7:49 PM
Mortgage Investors, Inc., hires GMAC (Ally Bank) as the servicer.
Fox guarding the hen house.
Banks to pay service members for improper foreclosures
2 lenders agree to $22 million settlement with 178 families who lost their homes in violation of U.S. law that was supposed to protect the military.
A recent article, at Bloomberg.com contained the following:
‘Bad Things’
New York Attorney General Eric Schneiderman is investigating banks’ mortgage securitizations, and California Attorney General Kamala Harris announced May 23 that she has established a mortgage fraud task force.
“It’s clear that servicers have done a lot of bad things and they haven’t been called to account for it yet,” Eggert said. “A state attorney general who really wants to do some digging can find a lot of bad actions by servicers and the question has always been who is going to do the digging and who’s going to find what facts are there.”
Excerpted from http://www.bloomberg.com/news/2011-05-26/bofa-targeted-as-states-step-up-pressure-in-foreclosure-probe.html
Why do not investigative reporters ask simple follow-up questions? Questions demonstrating a pre-investigative grasp of the subject matter at hand? Why don’t they develop contacts at multiple financial and government organizations to pose these questions to?
Questions like “How Many of those ‘bad things” you just mentioned were in actuality “alleged illegal actions” by the banks, their mortgage servicers, or the multiple law firms who represent the banks and their sub-contractors?
(A side question: Do editors or the attorneys of publications “prevent” their “investigative reporters” from asking “certain types of questions?)
Follow-up questions like these?
Aren’t forgery and perjury prosecutable crimes?
If executives of financial institutions authorize or oversee the establishment of computerized, systemic administrative procedures that effect these crimes on a massive scale, subject to indictments for criminal action? Why or why not?
Exactly what are the “bad things” that have been done?
Is the destruction of mortgages and deeds to secure debt and/or the loan notes themselves some of these “bad things”?
Is the non-statutory circumvention of local property records a violation of the law?
Does the non-transfer of “anticipated” mortgages/deeds-to-secure-debt to “trusts” constitute an illegal action against investors who purchased “mortgage backed securities”?
What are the U.S. income tax consequences of not “doing things correctly”? Does the IRS have an actionable interest in pursuing tax fraud?
Have specific politicians benefited from a “conflict of interest” relative to our financial meltdown? What are their names and what are/were the conflicts of interests? Are these “bad things”?
Have taxpayers and homeowners suffered real financial loss at the hands of financial corporations or the executives of those corporations? What are the names of the corporate executives who have been complicit in these matters?
Is it illegal to name tens of thousands of individuals or corporations as “vice presidents” of companies if none of these individuals have received W-2 or 1099 income for their “services” or “labor” from these “employers”? Are there prosecutable crimes associated with this kind of “systematic manipulation” of financial transactions? What might those “bad things” be and what laws address such crimes?
Have “academics” been paid “paid” to publish papers or “opinions” that have been used by financial institutions and politicians to “justify” the financial actions that have imperiled the economy of our nation? Are there conflicts of academic ethics involved in this kind of “extracurricular entrepreneurship”? What are those conflicts, and what are the possibilities of liability to the individuals or to the “institutes of higher learning” who employ these “academics.” Are there other consequences that these “academics” could be subject to?
What organization(s) and which individuals created the “processes” that have undermined the legal titles of the homesteads of millions of property owners in every state of our union?
Why is there a dearth of answers to questions like these? Is it because “investigative reporters” haven’t learned enough about the issues at hand to ask “real questions” … the answers to which have consequences… or rewards? …like a Pulitzer prize?
It is Willliam P Foley CEO of Fidelity National Title, former Chairman of LPS DOCX that paid the key pivotal role in creating the processes and organization that stole millions of properties from the people.
How was this massive fraud accomplished? investigate William P Foley and his Fidelity entities, his network agreements ,his connection to the courts and to the land records and you will see how this fraud occured.
Great post! I’ve been trying to go in direction of basically doing our own investigative reporting and start holding officials as well as Wall St accountable. I’m still in development phase but getting close if I don’t have to keep fighting off the dogs! Fits in with overall information service I’m hoping to get off the ground. Any lawyers, non-profits, agencies would be target. Anyone that may be interested in developing or using information service let me know. Recent LA Times articles on double dip etc almost completely ignores fraud issues. Will be approaching smaller newspapers and work my way up.
I would like some help in this area as well, lending tree,countrywide,bac home loan servicing. The plantiff stated that the loan was not securitized but we all know that countrywide securitized 95% of all their loans and kept the NOTE !!
Tim Bryant
May 27, 2011 at 1:46 PM
I sent a QWR in September to BAC, no response. My attorney sent a RESPA / TILA letter in March, no response. Attorney has now sent a 93A demand letter for $350,000 in damages (93A is the MA Consumer Protection Law). If they fail to respond to that, it is treble damages. They have lied to so many that they are actually putting themselves in a corner.
can’t find mine in edgar any ideas?
Chase funding Mortgage loan asset-backed certificates,series 2004-01 is what it says on the assignment they filed in court.
Tim, is there equivalent demand letter I could write or have lawyer write in CA that you know of? Thinking I need to wait 60 days from 4/5 if no real response. Thanks!
Tim Bryant
May 27, 2011 at 8:22 PM
I’ll see if I can find anything for you.
Tim Bryant
May 27, 2011 at 8:31 PM
HammerTime,
Saw this state law while looking for Consumer Protection law. It seems specifically written to cover the banks asses. If you read it, it is so illegal and unconstitutional. It even states “negotiation” is effective even in the event of “fraud, duress, or mistake”. This is entirely contradictive of the UCC, and the 14th amendment. Someone should notify their legislators of the illegality of this provision.
COMMERCIAL CODE
SECTION 3201-3207
3201. (a) “Negotiation” means a transfer of possession, whether
voluntary or involuntary, of an instrument by a person other than the
issuer to a person who thereby becomes its holder.
(b) Except for negotiation by a remitter, if an instrument is
payable to an identified person, negotiation requires transfer of
possession of the instrument and its indorsement by the holder. If an
instrument is payable to bearer, it may be negotiated by transfer of
possession alone.
3202. (a) Negotiation is effective even if obtained (1) from an
infant, a corporation exceeding its powers, or a person without
capacity, (2) by fraud, duress, or mistake, or (3) in breach of duty
or as part of an illegal transaction.
(b) To the extent permitted by other law, negotiation may be
rescinded or may be subject to other remedies, but those remedies may
not be asserted against a subsequent holder in due course or a
person paying the instrument in good faith and without knowledge of
facts that are a basis for rescission or other remedy.
3203. (a) An instrument is transferred when it is delivered by a
person other than its issuer for the purpose of giving to the person
receiving delivery the right to enforce the instrument.
(b) Transfer of an instrument, whether or not the transfer is a
negotiation, vests in the transferee any right of the transferor to
enforce the instrument, including any right as a holder in due
course, but the transferee cannot acquire rights of a holder in due
course by a transfer, directly or indirectly, from a holder in due
course if the transferee engaged in fraud or illegality affecting the
instrument.
(c) Unless otherwise agreed, if an instrument is transferred for
value and the transferee does not become a holder because of lack of
indorsement by the transferor, the transferee has a specifically
enforceable right to the unqualified indorsement of the transferor,
but negotiation of the instrument does not occur until the
indorsement is made.
(d) If a transferor purports to transfer less than the entire
instrument, negotiation of the instrument does not occur. The
transferee obtains no rights under this division and has only the
rights of a partial assignee.
3204. (a) “Indorsement” means a signature, other than that of a
signer as maker, drawer, or acceptor, that alone or accompanied by
other words is made on an instrument for the purpose of (1)
negotiating the instrument, (2) restricting payment of the
instrument, or (3) incurring indorser’s liability on the instrument,
but regardless of the intent of the signer, a signature and its
accompanying words is an indorsement unless the accompanying words,
terms of the instrument, place of the signature, or other
circumstances unambiguously indicate that the signature was made for
a purpose other than indorsement. For the purpose of determining
whether a signature is made on an instrument, a paper affixed to the
instrument is a part of the instrument.
(b) “Indorser” means a person who makes an indorsement.
(c) For the purpose of determining whether the transferee of an
instrument is a holder, an indorsement that transfers a security
interest in the instrument is effective as an unqualified indorsement
of the instrument.
(d) If an instrument is payable to a holder under a name that is
not the name of the holder, indorsement may be made by the holder in
the name stated in the instrument or in the holder’s name or both,
but signature in both names may be required by a person paying or
taking the instrument for value or collection.
3205. (a) If an indorsement is made by the holder of an instrument,
whether payable to an identified person or payable to bearer, and
the indorsement identifies a person to whom it makes the instrument
payable, it is a “special indorsement.” When specially indorsed, an
instrument becomes payable to the identified person and may be
negotiated only by the indorsement of that person. The principles
stated in Section 3110 apply to special indorsements.
(b) If an indorsement is made by the holder of an instrument and
it is not a special indorsement, it is a “blank indorsement.” When
indorsed in blank, an instrument becomes payable to bearer and may be
negotiated by transfer of possession alone until specially indorsed.
(c) The holder may convert a blank indorsement that consists only
of a signature into a special indorsement by writing, above the
signature of the indorser, words identifying the person to whom the
instrument is made payable.
(d) “Anomalous indorsement” means an indorsement made by a person
who is not the holder of the instrument. An anomalous indorsement
does not affect the manner in which the instrument may be negotiated.
3206. (a) An indorsement limiting payment to a particular person or
otherwise prohibiting further transfer or negotiation of the
instrument is not effective to prevent further transfer or
negotiation of the instrument.
(b) An indorsement stating a condition to the right of the
indorsee to receive payment does not affect the right of the indorsee
to enforce the instrument. A person paying the instrument or taking
it for value or collection may disregard the condition, and the
rights and liabilities of that person are not affected by whether the
condition has been fulfilled.
(c) If an instrument bears an indorsement (i) described in
subdivision (b) of Section 4201, or (ii) in blank or to a particular
bank using the words “for deposit,” “for collection,” or other words
indicating a purpose of having the instrument collected by a bank for
the indorser or for a particular account, the following rules apply:
(1) A person, other than a bank, who purchases the instrument when
so indorsed converts the instrument unless the amount paid for the
instrument is received by the indorser or applied consistently with
the indorsement.
(2) A depositary bank that purchases the instrument or takes it
for collection when so indorsed converts the instrument unless the
amount paid by the bank with respect to the instrument is received by
the indorser or applied consistently with the indorsement.
(3) A payor bank that is also the depositary bank or that takes
the instrument for immediate payment over the counter from a person
other than a collecting bank converts the instrument unless the
proceeds of the instrument are received by the indorser or applied
consistently with the indorsement.
(4) Except as otherwise provided in paragraph (3), a payor bank or
intermediary bank may disregard the indorsement and is not liable if
the proceeds of the instrument are not received by the indorser or
applied consistently with the indorsement.
(d) Except for an indorsement covered by subdivision (c), if an
instrument bears an indorsement using words to the effect that
payment is to be made to the indorsee as agent, trustee, or other
fiduciary for the benefit of the indorser or another person, the
following rules apply:
(1) Unless there is notice of breach of fiduciary duty as provided
in Section 3307, a person who purchases the instrument from the
indorsee or takes the instrument from the indorsee for collection or
payment may pay the proceeds of payment or the value given for the
instrument to the indorsee without regard to whether the indorsee
violates a fiduciary duty to the indorser.
(2) A subsequent transferee of the instrument or person who pays
the instrument is neither given notice nor otherwise affected by the
restriction in the indorsement unless the transferee or payor knows
that the fiduciary dealt with the instrument or its proceeds in
breach of fiduciary duty.
(e) The presence on an instrument of an indorsement to which this
section applies does not prevent a purchaser of the instrument from
becoming a holder in due course of the instrument unless the
purchaser is a converter under subdivision (c) or has notice or
knowledge of breach of fiduciary duty as stated in subdivision (d).
(f) In an action to enforce the obligation of a party to pay the
instrument, the obligor has a defense if payment would violate an
indorsement to which this section applies and the payment is not
permitted by this section.
3207. Reacquisition of an instrument occurs if it is transferred to
a former holder, by negotiation or otherwise. A former holder who
reacquires the instrument may cancel indorsements made after the
reacquirer first became a holder of the instrument. If the
cancellation causes the instrument to be payable to the reacquirer or
to bearer, the reacquirer may negotiate the instrument. An indorser
whose indorsement is canceled is discharged, and the discharge is
effective against any subsequent holder.
Tim Bryant
May 27, 2011 at 8:34 PM
Check this one out as well. It may be useful to you….
It is a tangled web. Need to review in more detail. Here are sections I thought may apply. Need to understand more about how instrument is defined. Are signature “loopholes” cancelled out in sections dealing w/ fraud etc?
In my case thinking of demand letter of amount paid for total of 3 payments when I asked for modification from outset of loan on minimal end. Seems like can go to amount of loan (instrument?) plus fees, losses etc. Then 3x loan if damages or major RESPA I believe.
Potential fraudsters would be original lender, false or MERS official w/ no standing, and possible credit swap which may be evidenced in payment history.
Just thinking out loud here for best approach once I make a move.
Here are main excerpts I picked up on so far. Again needing to nail down definitions:
__________________________________________________________________
(b) Transfer of an instrument, whether or not the transfer is a
negotiation, vests in the transferee any right of the transferor to
enforce the instrument, including any right as a holder in due
course, but the transferee cannot acquire rights of a holder in due
course by a transfer, directly or indirectly, from a holder in due
course if the transferee engaged in fraud or illegality affecting the
instrument.
3405. (a) In this section:
(b) For the purpose of determining the rights and liabilities of a
person who, in good faith, pays an instrument or takes it for value
or for collection, if an employer entrusted an employee with
responsibility with respect to the instrument and the employee or a
person acting in concert with the employee makes a fraudulent
indorsement of the instrument, the indorsement is effective as the
indorsement of the person to whom the instrument is payable if it is
made in the name of that person. If the person paying the instrument
or taking it for value or for collection fails to exercise ordinary
care in paying or taking the instrument and that failure contributes
to loss resulting from the fraud, the person bearing the loss may
recover from the person failing to exercise ordinary care to the
extent the failure to exercise ordinary care contributed to the loss.
(c) Under subdivision (b), an indorsement is made in the name of
the person to whom an instrument is payable if (1) it is made in a
name substantially similar to the name of that person or (2) the
instrument, whether or not indorsed, is deposited in a depositary
bank to an account in a name substantially similar to the name of
that person.
3416. (a) A person who transfers an instrument for consideration
warrants all of the following to the transferee and, if the transfer
is by indorsement, to any subsequent transferee:
(1) The warrantor is a person entitled to enforce the instrument.
(2) All signatures on the instrument are authentic and authorized.
(3) The instrument has not been altered.
(4) The instrument is not subject to a defense or claim in
recoupment of any party which can be asserted against the warrantor.
(5) The warrantor has no knowledge of any insolvency proceeding
commenced with respect to the maker or acceptor or, in the case of an
unaccepted draft, the drawer.
(6) If the instrument is a demand draft, creation of the
instrument according to the terms on its face was authorized by the
person identified as drawer.
(b) A person to whom the warranties under subdivision (a) are made
and who took the instrument in good faith may recover from the
warrantor as damages for breach of warranty an amount equal to the
loss suffered as a result of the breach, but not more than the amount
of the instrument plus expenses and loss of interest incurred as a
result of the breach.
(c) The warranties stated in subdivision (a) cannot be disclaimed
with respect to checks. Unless notice of a claim for breach of
warranty is given to the warrantor within 30 days after the claimant
has reason to know of the breach and the identity of the warrantor,
the liability of the warrantor under subdivision (b) is discharged to
the extent of any loss caused by the delay in giving notice of the
claim.
(d) A cause of action for breach of warranty under this section
accrues when the claimant has reason to know of the breach.
(e) If the warranty in paragraph (6) of subdivision (a) is not
given by a transferor under applicable conflict of law rules, then
the warranty is not given to that transferor when that transferor is
a transferee.
Great article. I’ve been searching for the location of two notes for three years now and have no results other than a PSA that “may” be the correct one ;o( Thanks Hammer!
HammerTime, Tim Bryant or anyone with this knowledge
I have read that when an individual Grantor transfers the property, they have to bring proof of their identification to the table.
I realized that when the Strawbuyer’ Fang Li’ conveyed her forged title to the next fraudster she might had used my social security number. I have become aware that she used my social security number as her means of identifying herself on a 1099 form when she went to the motor vechicle department for a license.
Is there a way to see if she had used my social security number when she transfered her forged deed?
Tim Bryant
June 1, 2011 at 10:42 AM
They must show a form of identification to the Notary. The notarization must show what they used as the form of iD, i.e. drivers license.
HammerTime
June 2, 2011 at 12:35 AM
Marilyn – only thing I can think of is check with title co if one is involved? If notarized could check on notary record perhaps.
Good news for Florida residents….the Sun Sentinel reports foreclosures are losing their sales appeal. I am sure a lot of that is from everyone getting the word out about the fraudulent practices. Keep up the pressure !!!
Ours has been removed every month since September 2010. The one for June we did not get a 30 day notice and was told they didn’t have to because we knew from previous notices. I am in GA.
Received a call from Sheriff’s office wanting to see our “evidence” of fraud, they said they will investigate and if they find fraud they will turn it over to district attorney and GBI.
Will keep y’all posted on updates.
HammerTime
May 27, 2011 at 3:00 PM
Here in CA they usually note postponed and set new date for next month. Will try to nail down further.
I’m about to send copies of QWR to AG Harris and other local officials. Starting major task force on all aspects of mortgage fraud.
” ReconTrust Co. isn’t meeting requirements for carrying out foreclosures in the state, Utah Attorney General Mark Shurtleffsaid in a letter to Bank of America Chief Executive Officer Brian Moynihan. The letter, dated May 19, was released today by Shurtleff’s office.
“All real estate foreclosures conducted by ReconTrust in the state of Utah are not in compliance with Utah’s statutes, and are hence illegal,” Shurtleff wrote.”
Nongkoashie
May 25, 2011 at 8:43 PM
IS THIS APPLICABLE TO CALIFORNIA ALSO?
more and more lies
May 25, 2011 at 9:04 PM
and floridah oh we have rick scott and pam bondi guarding the henhouse. the banks must have been LARGE contributors to their compaigns. otherwise why would they bith have not done anything to help floridains yet. we are failling and cant get up. we are being scammed right and left by all the banks. yet the rape dontinuees. as each city and county receive less and less money due to lower property values no one wants to step in and there is never and media coverage about why this is happening on our tampa bay networks. they anounce they are cuttung 500 teachers from pasco school ststem, and they are going to closes youth parks. but still no one will come to ur rescue. recapping what we know…… robosigning, appraisal fraud, modification fraud, and fraud upon the courts. we have chief judges leaving to go work for the banks. yet the rape of our equity continues. what happens now to all our money that was suppose to help us when we retire. we made the decision to put 20% down to invest in our home and invest in our future. we did not know 5yrs later we would be facing foreclosure.
all kind of tricks going on. Read the whole article at MSNBC.com
Search ..Advertise | AdChoices
Bill would let appraisers ’round up’ home values
Lawmakers seek legal way to fight effects of distressed property sales
Below:
x Jump to discussion comments below
.discussion
x Latest market data DJIA +38.45 Stock search
related
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At the urging of such shell-shocked homeowners and real estate agents, lawmakers in four states sponsored bills this year that would direct appraisers to exclude distressed sales when they determine how much a house is worth. By Martha C. White
msnbc.com contributor msnbc.com contributor
updated 5/25/2011 7:15:27 AM ET 2011-05-25T11:15:27
Share Print Font: +-Pity the poor Nevada homeowner. With home prices tumbling there at perhaps the fastest rate in the nation, it has become nearly impossible to get a handle on how much a home is worth. Why? Because appraisers, who base home values on comparable sales, have to depend on the plummeting target of “distressed” property sales that dominate in the state.
Nevada state Sen. Mike Schneider is trying to fight back with proposed legislation that aims to set a floor under prices, which have fallen well over 50 percent on average in the Las Vegas area over the past five years. A few months ago, he sponsored a bill proposing a radical new mandate for appraisers: Stop paying attention to those “distressed” sales. Legislators in other states and industry executives are watching closely
I have discovered that on our Notice of right to cancel That our signatures have been forged. does everything become reversed. Is the REMEDY DESCRIBED IN THE DOCUMENT ITSELF.
Tim
If you buy what turns out to be a Forged Picasso, how long would it take for that Picasso to become good. ? A Forgery is never good.
A Forged Deed Conveys no title. There are no latches to a Forgery. Where ever that Forgery occured in the Chain of Title the buyers from then on got nothing. The purpose of a Title Search. is to verify that the grantor of the Deed really owns the property. Title insurers have to due dilegence to discover and devulge. Fidelitiy National Title was not doing that 100% They knowingly insured Forged Deeds. If the title companies did due diligence Mers and all those issues would have been out in the open years ago.
The true owner still owns that property.
Your ROD needs another job since he bought the story that the Title companies are pushing – time makes a forgery good.
Tim Bryant
May 24, 2011 at 5:55 PM
I only applied the RTC timelines. The criminal and/or liability aspect was not addressed. I thought she was wondering what the remedy was under the terms of the document itself. Your point is well taken, though.
What is the definition of FORGERY?
The Black’s Law, American College, and Random House dictionaries along with the court citations below define FORGERY as:
The making, drawing, or altering a document with the intent to defraud. A signature made without the person knowing of or consenting to it.
The law and the courts say:
The Modern Penal Code (MPC sec. 224.1) states that a person is guilty of forgery if:
a) a actor or person alters any writing of any person,
b) makes, completes, executes, authenticates, issues, or transfers any writing so that it purports to be an act of another who did not authorize the act or to have been at the time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or
c) utters any writing which he knows to be forged.
A person cannot acquire bona fide purchaser status, if one of the links in the chain of title is a forger
Tim, what does RTC mean?
Tim Bryant
May 24, 2011 at 7:35 PM
RTC= Right to Cancel, also called Right to Rescind.
Marilyn,
You are correct on every point. The problem with addressing this in court, is that you would really want a Questioned Document Examiner (QDE) to attest to the documents. His weight holds much more in court than a homeowners. There are many ways to detect a falsified document. If you want to learn more, I can send you links to the basics. Some, you can do on your own (but you cannot testify to what you find, since you would not be considered an expert). It is possible to discover if 2 documents came from the same printer. A QDE could even tell you the type of printer and the ink used. I am very surprised that they have not been used more in court.
I had all the documention to prove the deeds were forged upon void ab initio judgments but all that interested Judge Alice Schlesinger of NYSC was the” equity” that Fidelity National Title and Coronet Title had for her was real not counterfeit.
No one has heard the last of me yet, unless they find me in the river.
Tim Bryant
May 24, 2011 at 8:07 PM
Marilyn,
The object is for THEM to be found in the river…..LOL
All the people rushing to buy foreclosed property are most likely not getting good title and then the legislators will be looking to change Title Law and the law about Land Records. Fidelity National Title (remember them – parent company of Lender Process System -LPPS DOCX) probably has a hand in this.
read this article too on MSNBC.com
..Real estate on msnbc.com Search ..Advertise | AdChoices
Sales of foreclosed homes ‘astronomically high’ in first quarter
:
Tim Bryant
May 26, 2011 at 8:25 AM
Marilyn,
If you go to Vegasinc.com, there is an article about the newest fraud in the housing market, Title Insurance fraud. Las Vegas homeowners are suing.
Am I the only one getting sick of the media saying entitlements are destroying our country? How quickly they forgot about the largest entitlement plan ever conceived in US history, TARP and the bailouts. This just pisses me off to no end.
Same here, Sad to say it’s been a divide and conquer tactic that has mostly worked. Seems people are catching on. Kamala Harris going all out on all aspects of mortgage fraud in Cali!
“California Atty. Gen. Kamala Harris, saying that years of unscrupulous lending still haunts the state, is creating a 25-person task force to target mortgage fraud of any size — from small operations that preyed on troubled borrowers to corporations that sold risky loans as safe investments.”
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 24, 2011 at 2:49 AM
Just remember that Kamala’s predecessor Jerry is now the ‘govenator Moonbeam’. Jerry is beholden to the banking industry. His ‘AG MOD deal’ with CountryWide while his sister worked at CountryWide and then BofA was a fraud on all CW borrowers. Sister Kathleen is now in Goldman-Sucks management.
Kamala, I’ll believe it when I see it.
HammerTime
May 24, 2011 at 3:38 PM
Good info. On surface seems to be one of the first public acknowledgments that it’s not simply a “housing”/”greedy homeowner” problem or a natural disaster. As always we have to keep questioning and pressuring. Sure she’s a politician like the rest but my bet is this is the smart move and anyone that ignores it including President Obama can pay though the GOP has NO answers and is completely bought out.
Geez, just found out Timothy Geithner is the managing trustee of Social Security and Medicare. Does anyone else have the strange suspicion that some of that money went to Wall Street?
Tim Bryant
May 26, 2011 at 8:37 AM
Signatories to the Trustees Reports
Who is on the Board of Trustees?
The table below shows the signatories to Trustees Reports (Board members and the Secretary to the Board), ordered by the year the reports were issued.
The Board of Trustees currently consists of 6 members, 4 of whom automatically serve by virtue of their positions in the Federal Government. These 4 are the
Secretary of the Treasury (the Managing Trustee),
Secretary of Labor,
Secretary of Health and Human Services, and
Commissioner of Social Security
The other 2 members are appointed by the President and confirmed by the Senate. These 2 members serve 4-year terms.
Signatories of the Old-age, Survivors, and Disability Insurance Trustees Reports, 1945 and later
Year
report
issued Name Position
2011 Timothy F. Geithner Secretary of the Treasury, and Managing Trustee of the Trust Funds
Hilda L. Solis Secretary of Labor, and Trustee
Kathleen Sebelius Secretary of Health and Human Services, and Trustee
Michael J. Astrue Commissioner of Social Security, and Trustee
Charles P. Blahous III Trustee
Robert D. Reischauer Trustee
Carolyn W. Colvin Deputy Commissioner, of Social Security, and Secretary, Board of Trustees
Tim Bryant
May 26, 2011 at 8:40 AM
$2 trillion of the trusts assets are wrapped up in “US Securities”….i.e. our homes.
I thank everyone who took it upon themselves to attack that which they did not understand. A proper reading of my post should have been taken as an exhortation toward an in depth study of RE law in your respective states. Why is it so convenient to read a half sentence and then respond as though you read its entirety? The post does not say that there is no title to land. It said ” in the sense of a “title for a car”. If anyone who responded in the negative will please present your “house title” to the group we can all share the amusement. There is no such animal. You may have a deed as evidence of title but not a “title” in the sense of a automaotive title. “Pearls”
BTW Has anyone read the Taibbi article in May issue of Rolling Stone?
If you wanted to get your point across correctly, you should have said “physical title” as in a car. Everyone bashed you because you traveled down a different road, on your accord. Whoever, taught you needs to realize that their are 2 types of land claims, Title-theory state claims, and Lien-theory state claims. He also neglected to instruct you that almost every state is different in regards to Real Property law. A deed is only a claim as good as the validity it holds, which is exactly the same as a car. A car title does not represent ownership. It is in effect a deed for your car. If you owe on your car, you still have the title to it. This does not mean you own it free and clear of encumbrances. Whoever instructed you must not be familiar with how property is transferred, especially when it is bundled, sold, securitized, assigned, issued, deposited, guaranteed, warranteed, bifurcated, trifurcated, and my favorite…”only holding legal title” as nominee. Ask him to explain those legal theories to you.
If there is an Obvious Gap in the Chain of Title , why aren’t the registrars at the land records correcting it automatically so that the records reflect the true owners?
Tim, You indeed have a knack for addressing issues that have not been raised. You also respond on behalf of all of the board without their express agreement. And, at least in Nevada, you are mistaken about the ownership of an auto prior to one’s satisfaction of the encumbrance. You need not respond again but may be induced to believe that Land Title is in fact a “legal construct” regardless of the state. Here are the words from a legal issues web site. http://www.ehow.com/how-does_4646950_property-title-work.html
The original post was clear to anyone with a basic understanding of the English language who is not caffeinated to the point of distraction. Thank you for the suggestion as to clarifying it for the intended audience. From this point I will speakkk sloooly! :o)
Tim Bryant
May 24, 2011 at 1:16 PM
Marilyn,
My ROD in Hampden County MA states that they just are record keepers, and the courts are responsible for showing true ownership. While I find this very lame, it is their stance. Our states RODs are going after MERS to correct the records, though. It is more than I can say for many other states, so I must give them a pass on this one.
Tim Bryant
May 24, 2011 at 1:25 PM
John,
I am not arguing with you. You reiterated what I was saying, all states are different (including title to a car…LOL). Nobody’s statements here represent everybody’s, including mine. We are just trying to keep people from getting a false sense of security. I would even compound your claims, which you have now reiterated. Title is not a physical object, and in fact, is subjective. I would compound what you said previously, and add that title is only as good as the judicial system merits it, regardless of how good or bad it is. Many states such as FL have been abused in this aspect by judges with their own motivations, either judicial activism, corruption, getting a job with the foreclosure mills, etc. I think after we have both clarified ourselves, we are on the same page. No offense was intended, just caution. Sorry, bro.
i am truly sorry John and Colleen McCormick that I doubted your allegience to our cause of getting the banksters, title companies, and wall street racketeers exposed and indicted
.I have not gotten to read your case on Pacer yet but researching Title 12 & 15 of USC I know where you are coming from.
You and I were ahead of the curve . I went into District Court (southern District of New York)upon Federal Questions. 1. Can a Bank create money in direct prohibition of Art. 1 Para 10 Cl 1 of the US Constituiton.
2. Can a bank ignore the Federally mandated 30 day Notice?
The laws are there but the Judges don’t want to follow them. The Constitution gave our Judges their jobs. They want the Constitution to work for them but not for us. The racketeers are running the Government and the Courts.
Thank you Tim and Marilyn! i pray that i didn’t sound too defensive (snotty) answering your objections. It’s true that the post could have been better stated. And, if my “case” were better stated maybe it would have gone forward.
i started reading law as an amateur undertaking in 1968. About 1993 I took a position as a union (NALC) steward and became more familiar with the workings of the law.
At present I am finishing reading a great book that addresses the reasons for our present difficulty and offers a solution. See “Web of Debt ” by Ellen Brown JD
My 341 meeting is June 2 and I’m sure BoA will have filed a motion to lift stay. I’m working on my ‘prove standing’ motion but I’m confused. Our home was new; Ryan Homes was the seller and the title went as follows:
NVR/MERS sold loan to CW as soon as we closed. (NVR owns Ryan Homes or vise versa)
CW became BoA shortly thereafter.
Refinanced with BoA.
Received letter from Fannie Mae that they now own loan.
Satisfaction of mortgage prepared by Recon Trust, signed and notarized by Rodisha Higgins, Assnt. Vice Sec. and notarized in Marcopia Arizona.
New loan with BoA filed in county records. Interesting note: on the closing instructions to the title agent; MRC was listed as the beneficiary account? Never heard of them until I did some research. Don’t know how they came in as a beneficiary and the forensic loan auditor didn’t know either nor what it meant???
There is no help in Delaware, however, in my surfing for information, one site had a list of foreclosure defense law firms who handles these cases. Just a warning to everyone, be careful. I emailed him with a brief description of my case and asked if I could pay he for some guidance. He wrote back a one sentence reply;
BOA is my CLIENT and that would pose a conflict of interest. I can’t turn up any case law for Delaware. Trevino is the only case that remotely might be of help.
I plan to challenge legal standing in response to their motion to lift stay but I’m also thinking that there is a Quiet Title action based on the first loan never really being satisfied as MERS as no legal standing to render a payoff satisfaction. What are your thoughts on sticking strictly with the ‘prove standing’ for the first go around and where do I start the challenge…..from an improper chain from the get go or just go from the Refi with BoA. Oh Yea, I got a letter from another law firm now who claim they represent BAC FKA Countrywide on the foreclosure notice. In April I received a letter from a law firm referencing they represent BoA? That letter was in response to my two QWR’s where I mentioned based on the violations I found and my forensic loan review, I may be seeking a rescission of the refi. Their letter stated I had no grounds and my written request for a rescission dated Feb. 18 was herein denied. If you or anyone on this blog have any advice, I really need it. Thanks all.
The payoff statement shows that wired funds are to be sent to X bank for further credit to Y lender. If Y lender is different than the lender providing the refinance loan then it is not a refinance with the same lender. We have found this in Bank of America/Countrywide refinances. The Countrywide payoff statements instruct the settlement agent to wire the funds Bank of America and to further credit MRC. MRC is MMA Realty Capital. They are an investment firm. According to our research, MRC is the current lender, not Countrywide. Countrywide appears to be servicing the loan for MRC. This would not qualify for a refinance with the same lender exemption
Since MRC was not disclosed anywhere but on the title agents closing insructions, I would think that this would violate disclosure under RESPA or TILA somewhere. I have to search this.
It is interesting that I have not seen MRC come up in any of the blogs but I would bet that they are involved in a lot of these countrwide BofA loans. From my research so far, I think MRC is the servicer for the trust funds? But then I’m confused where does Fannie Mae come in. They are the owner of the loan so they tell me. Each and every transaction is constructed like a road with a dead end or it justs brings you right back to where you started from. They are indeed very clever! They are experts at keeping anyone trying to defend in a constant state of confustion which is part of their srategy. I am very fearful that I am going to end up sounding like a complete idiot in front of the judge and we already know that Delware does not want to mess with companies because they all incorporate here. Not much chance….but I’ll give it my best shot.
Forget I asked. Thought it might also be helpful for someone else with similar circumstances. I was under the misconception that this site was to help share info not to play acronym triva. My bad. I would remove the post if I could.
Tim Bryant
May 26, 2011 at 7:59 AM
Kathryn,
We are looking at this. MRC is a company that has not been addressed, so you can’t jump to conclusions as to what role they played in your deal. This is not a law office, so if you need answers immediately, you can pay $250/ hr for it.
It appears MRC was POSSIBLY the true party of interest in your mortgage, as they obviously had a pre-existing deal in place for your loan. I say possibly, because it may have already been sold before you signed your loan at closing. You need to send a Qualified Written Request to MMA under RESPA and TILA as to the chain of title from you to the current holder(s) of the note and mortgage.
MMA Realty Capital (MRC) provides market rate multifamily and commercial financings as well as real estate investment management services, originating investments for both institutional investors and for its own account.
MRC is composed of 2 distinct business units that work in concert to provide real estate products and investments to both our developer/owner customers and our institutional investor customers:
Investment Management – we manage high yield debt funds and whole loan individual accounts in both the commercial and multifamily space; and
Proprietary Investing – utilizes parent (MMA) company’s $3 billion balance sheet to provide custom tailored capital solutions for both our developer and investor customers (across all asset classes).
Our longstanding institutional capital relationships, combined with the strength and flexibility of MMA’s balance sheet, allows us to originate custom tailored capital solutions for developers and owners of real estate nationwide. Our willingness to take down deals with our own capital gives our borrower customers certainty of closing and our investor customers the comfort that we are making prudent investments.
We operate under the belief that by providing a wide array of capital products to our developer/owner customers, we generate a higher volume of investment products for our investor clients. Conversely, by providing more investment opportunities to our investor clients, we lower the overall cost of capital that we can deliver through to our developer/owner customers. This creates a virtuous circle that continues to drive the growth of our business.
From what I’ve read so far it seems as though many people are confused about the terms and theory of land ownership. The people who instructed me concerning ownership made clear the fact that there is no such thing as a “title” for property in the sense of “title” for a car. They said that our claim to ownership of real estate is only that. A claim.
There have been attempts to change the system to a “titled” system but all have failed to materialize.
The “deed” they said, was only an evidence of ownership, totally dependent upon our ability to defend our claim.
The form of deed is important they said, but only as it affects our “claim”. There is a wealth of information on the web about land acquisition and ownership claims. We would all be well advised to study the types and effect of the documents evidencing our claims!
marilyn, this is who I am. The case went on for months and you can read its entirety on PACER. In the long run the judge threw it out of court without reading it. The banks never answered it but instead attacked it on form. It is Pro Per
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
John and Colleen McCormick
Plaintiffs,
vs.
EXECUTIVE TRUSTEE SERVICES, Rosalie Solano,
HOMECOMINGS FINANCIAL, Elizabeth Cappuccio,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
Cindy Sandoval,
GMAC MORTGAGE CORPORATION, Michael Carpenter,
RESIDENTIAL CAPITAL CORPORATION,
David A. Marple,
John and Jane Doe. One through fifty
Defendants )
Case No.: 2:09-cv-02331-JCM-PAL
COMPLAINT PURSUANT TO TITLE 12 CHAPTER 27 et seq. AND TITLE 15 USC §1601 et seq. OF THE UNITED STATES CODE
Amended Complaint
Demand for jury trial
Tim Bryant
May 24, 2011 at 1:42 PM
John,
GMAC was (and still is in the form of Ally), owned by the United States Government. Can you readdress the issue using a violation of the Takings Clause? Also, they have a contract under TARP. This is a legally enforceable contract to which you are a beneficiary. You can also look into the “Tucker Act”. Then there is a challenge to the constitutionality of TARP itself. If the United States taxpayers are “shareholders” under TARP, as all the elected officials claim, how can you be foreclosed on without “piercing the veil” and opening up the government to be jointly and severally responsible, under the TARP language? I know for a fact, that under TARP, MERS was directed to be removed from all records showing they had any interest in the loans. If GMAC was the lender, then the US government was the trustee for the investors, the taxpayers.
This was be a perfect case to bring to the US SJC. It would sort out a lot of this mess, and send a chill down every TARP recipients spine (and Timothy Geithner’s). Can your attorney petition the court still?
I’ll see if I can find GMAC’s TARP agreement online.
Tim Bryant
May 24, 2011 at 1:47 PM
And don’t forget, TARP’s enforcement provisions were ignored by Treasury. SigTARP made a scathing review of this matter to Congress. In essence, surmising, Treasury put enforcement provisions in TARP which they had no intention of acting upon. This makes TARP questionable at best, as because of Treasury, there is a failure of consideration to the contract. This directly affects you. Just a thought.
There is definitely Title to property, that is why you have Title Insurance, which BTW is worthless in the case of a fraudulent foreclosure. Whoever told you there is no such thing, is either a college professor who is imposing his own version of Wonderland, or somebody trying to sell you a foreclosure.
If you still believe that, try arguing it in court, and see where that gets you…
Tim Bryant
May 23, 2011 at 8:57 AM
Maybe you are getting confused with “legal title” which MERS claims. There is no such thing in their case because they hold no interest in the transaction.
Too me John McCormick says some things that seem out of the box. Does he believe those things or his he trying to sway in another direction.
Tim Bryant
May 23, 2011 at 11:00 AM
Marilyn,
I share your same concerns.
l vent
May 23, 2011 at 11:31 AM
Tim, isn’t the deed the title to the house? It was conveyed to us at Origination. Then they are supposed to attach their lien to that deed to secure the collateral lien A/K/A the debt for themseles. That is how my county recorders office explained it to me. She told me under no uncertain terms that my house is paid for because of their lack of due dillligence in recording a lien in 19+ years. She told me the statute of limitations is 12 years for them and because of that she told me I could live in my home , sell it or do whatever I would like with it. . An ex-loan officer from a failed bank that I know told us yes, it there is a 12 year statute of limitations that is true, they have 12 years to record and assignment. Even that seems a ridiculous amount of time to give them to perfect a lien. What would we do if we were owed a debt That is exactly it, the debt was fraudulently created, it was all only a mere speculation that you would pay. Then a second bankster came along and you know the rest. I had an attorney tell me the title insurance attached to that deed is more important than that deed. It insures your deed to be true. The pretender lenders on the other hand have alot of nothing but fraud and false claims. They have no orignal notes or mortgages, no clear chain of title and no deed with their name inserted in the deed. The deception is as rampant as the fraud. Time to start dropping subpoenas on some of the fake bank ass vp’s and fake notaries on our notes and allonges. I have had enough of the b.s. from all of these fannie/freddie trolls, they are evil liars.
l vent
May 23, 2011 at 11:43 AM
The title search I had done by an attorney pulled up no Origination on title. No mortgage was ever recorded for 14 years. There is no collateral lien, anywhere that they can enforce legally. Then I have a $40,000 lien from the home builder recorded a year after the mechanics lien was paid by the second bankster on the title search. They are all cohorts. They even had the nerve to record a $20,000 business loan from the early 2000’s that was paid off years ago as a mortgage and the last party to have the note before I re-fied, I never had a mortgage with that bank. NO ASSIGNMENTS recorded, either. They have a release by MERS in ’07 but according to MERS, my loan is still active in MERS as of last fall. They have MERS conveying a release to me and then a fake mortgage that never existed recorded at the ROD office. .
l vent
May 23, 2011 at 11:55 AM
I forgot to mention I have a pretender lender trying to fraudclose with me on MERS in the fraudclosure complaint. Thank God for this website and its links. The truth is out there and it is really in plain sight.
Tim Bryant
May 23, 2011 at 12:07 PM
I vent,
The Deed represents the Title as you state. To be “legal” it must be conveyed properly, or the chain is broken. Your recorder explained it perfectly. The last person with a serious claim would be the last person holding a properly conveyed deed, in a broken chain issue. This is very important for anyone even contemplating buying a foreclosed property. (On a side note, you have to be nuts to do this in light of all we now know). I have, hopefully, a peculiar situation in that the deed was not properly conveyed TO me when I bought my house. It has since continued to be broken. When I go to court, AS PLAINTIFF, I have to unscramble this mess. Technically, my mortgage and deed, were never legally valid. You can see why I am irate about all this mess, and want to help others. Nobody should be in my position, EVER.
Mr McCormack needs to hit the books again, because he is so mistaken. Title is your claim to ownership, as the Deed is only as good as the title it conveyed. States vary with Statute of Limitations. In many, there is a waiting period BEFORE you can go for quiet title. You can, however, go after the sellers of the property, especially if it was a warranty deed. The warranty covenants demand the seller to defend against encumbrances to the Warranty Deed.
l vent
May 23, 2011 at 12:54 PM
Hi Tim. On title and at the recorders office I have the deed conveyed to my husband and myself by the builder of our home at Origination with now Origination to the loan on title. I think this is why they want us to sell the house. They have to create a new chain of title through us because they never perfected a collateral lien in 19+ years.
l vent
May 23, 2011 at 1:00 PM
Sorry, I meant to say no origination on title. No Original named lender. I have a friend who re-fied through the same failed bank when we did and has the same mortgage servicer. He told them he was going to walk away from the house and retire to the Bahamas. They told him NO!!! You can’t do that, you have to sell your home first!!! HA!! GOTCHA!!!!
l vent
May 23, 2011 at 1:14 PM
Chris Whalen said it in his Bloomberg video, the lien holder/trustee’s name has to be inserted in the deed for them to have standing. It is not. They never did their due dilligence. I have allonges to notes with fictitious bank v.p’s and asst. bank vp’s. Can you say SUBPOENA?????
Tim Bryant
May 25, 2011 at 7:50 AM
Under UCC, each party that had a beneficial interest must endorse any negotiable instrument. So, for instance, if your loan was securitized, the lender, MERS, seller, depositor, issuer, and trustee must all endorse the note along the chain of ownership. That is why most assignments by MERS are bogus. MERS cannot hold “legal title” ad infinitum regardless of who owns the note. Only the principle can create agency, not the agent. MERS must show that each entity assigned the mortgage to MERS. Again, there must be endorsements. Since we all know MERS is not a real company, and the “members” are acting as MERS employees, they don’t check endorsements.
If you pay cash for a foreclosed property, and you recieve a warranty deed several months later, is there a problem with the title? Wouldn’t you expect the Deed of Trust in paying the full amount with cash?
And where is the original deed of trust in a situation like this?
If you read the landmark MA case “In Re: Ibanez”, and the soon to follow landmark “In Re: Rodriguez, if you foreclose on a property illegally, or buy an illegally foreclosed upon home, you won’t be given title. In fact, the previous owner has a claim to get it back. We are a strict title theory state. That means these BS assignments are breaking the chains of title, preventing ANY future person from getting clear and free title. In Rodriguez, the court is now deciding who is responsible to fix it. Keep your eyes peeled for that one…
I am in New York , a title theory state. Wait till you see what happens when the Title Companies come in like Fidelity National Title and someone who calls himself Coronet Title who don’t want to Indemnify the Forged deeds (from fraudulent foreclosures) that the title companies knowingly insured but thought the true owner would not return to fight.
Rather than Indemnify the title companies PAY OFF THE jUDGE like they paid a bribe to Judge Alice Schlesinger of New York Supreme.
Readdocs
May 22, 2011 at 8:33 AM
That’s one thing I’m wondering about, how many times now have the title companies indemified a forged title? Don’t you need the Deed of Trust to indemify, Or are they doing this with a Warranty Deed?
to Tim Bryant
Here in New York I hold the Title and the Bank holds a lien,.So I have to make a correction.
So New York would be a lien state?
Tim Bryant
May 23, 2011 at 9:04 AM
I must say that for all the bads we have seen, it appears our courts here in MA were one of the 1st to catch on to all this mess. They have recently been siding for the homeowners, unless the homeowner’s attorney did not give a proper argument. Our Registers of Deeds are going after MERS for losses (now all of them are), Bristol County wants to sue MERS for torts, etc.
If our Atty General would join the band-wagon, instead of worrying about campaign contributions, we could move on from all the chain of title issues and move on.
If you possess the title, to property, and the bank has a lien on it….doesn’t that make it an unsecured
loan? If you’ve got title, then the bank who has the loan cannot foreclose. Can the state garnish your wages for suck liens?
To readdocs says:
In my case the bank( Astoria Federal S & L /Successor in Interest to Fidelity NY FSB )had gotten rid of their corrupt debt collector attorneys and had new attorneys who looked at the dates of the judgments and knew those judgments were void ab initio since they were state court judgments and on the dates they were issued my case was in the federal court and under federal jurisdiction.
….the bank knowing they auctioned off two properties they didn’t own said “Its Indemnify Indemnify Indemnify We are stepping aside and the Title companies are stepping in.
Fidelity National Title and someone called Coronet Title stepped in and did not want to indemnify but wanted to be Intervenors instead and be heard and what they told the court is time makes forged deeds good. Rather than indemnify their clients., they chose to pay the judge to rule against the law.
Everything was in the court records so when title companies do a search they saw everything.
I wrote a simple letter to Wm P Foley CEO of Fidelity National Title “what went wrong at FNT that your New York attorney Frank P Malone finds himself fighting for a Forged Deed”
And Fidelity’s answer to me was ” …It is Proper…”
Now that we all know that Wm. P Foley was chairman of LPS DOCX you can see why he thinks
Forgeries are good.
How many more people are in these circumstances I don’t know. Hindsite tells me the banks original corrupt attorneys Mullooly Jeffrey Rooney and Flynn are friends with the guys at Fidelity National Title. So long before anyone knew of how saturated the foreclosures were with fraud,, the banks and title companies were doing it.
The trouble is the banksters, the attorneys, the title companies are all connected behind the scenes.
But now that LPS DOCX, and Mers and Network Agreements and all the various frauds have come to the surface all the perpetrators are trying to run away.
William P Foley the founder of Fidelity and all its subsidaries, as more fraud is exposed, keeps giving up his executive titles at all his companies. But he is the person the Feds should be investigating.
He has caused more harm to more homeowners than all the banks combined.
Tim Bryant
May 23, 2011 at 9:14 AM
The lien “secures” the loan. You do not have free and clear title until the loan is paid off and there are no encumbrances. The bank can repossess the house as long as they maintain control of the lien. You are holding the collateral securing the mortgage. You do not own it ,per se , until you pay it off.
Readdocs, you are getting confused between title and collateral. You possess the collateral, but do not hold title to the property, free and clear of encumbrances. If you do not live up to the “original mortgage” terms, the bank can foreclose on the collateral. When it gets dicey is when they sell the loans, or split up the “lender” obligations under the contract.
To Readdocs says
I have to make a correction. I am in NY and I hold the title and the bank held the lien making this a lien state.
The forged deeds the title companies knowing insured were Bargain and Sale Deeds., not Warranty Deeds
Readdocs
May 22, 2011 at 8:53 AM
Marilyn,
So there’s forged documents on your property, that have been insured by a title company. Have you looked into suing the bonding company that represents the entities who have been forging documents?
Since I’ve just been lately digging into this kind of stuff, I’m still trying to familiarize myself with the different types of documentation and what kinds of states there are when dealing with these kinds of
legal problems.
This is good news. Commercial MBS defaults are rising. When businesses, who have much deeper pockets than us, start getting into the fray, it should be interesting….
Court clerk lays off 170 county workers
BY LISA DONOVAN Cook County Reporter/ldonovan@suntimes.com Feb 14, 2011 2:20PM
Cook County Circuit Clerk Court Dorothy Brown’s office handed pink slips to 170 employees on Monday, part of the belt-tightening in county government as officials work to plug a half-billion deficit.
Brown, whose office is the official record keeper of county court cases — from murders to foreclosure suis — didn’t say where the layoffs were happening.
In a prepared statement, she did say: “This is a painful day for all of us at the Clerk’s Office,” Brown said. “We did what was requested, but it’s not without realizing that people are being laid off during a tough economic time. This lay off will put a high strain on the Clerk of the Circuit Court’s ability to perform its statutory and constitutional responsibilities.”
Cook County Board President Toni Preckwinkle asked Brown and other county elected leaders to cut 16 percent. For the clerks office, that means slashing $12.4 million this year, according to Preckwinkle’s proposed $3.1 billion spending plan. Cook County commissioners have a Feb. 28 deadline to approve the final budget package.
Preckwinkle said in her budget address earlier this month that layoffs could reach 2,000 in a payroll of 23,700 employees.
Good ole Crook County. I watched a you tube video yesterday featuring a Crook County judge talking about fraudclosure. In his 11 minute video he spoke of how Crook County Il. has the highest fraduclosure rate in the nation. Funny you don’t hear that statistic on the local news here. He proceeded to talk about alot of blah,blah,blah. Like first thing you should do if you get served up a fraudclosure complaint is set up a mediation with the pretender lender through the Crook County courthouse. He failed to mention that these pretender lenders are a ruse and a sham and they have no legal right to fraudclose and they are stealing homes with no proof of standing or ownership. I asked for proof in my answer to the complaint. The fannie attorney came to court with no proof. What a sham. No title company could have ever legally insured their lien if the securitzation process never occurred. If they did not fulfill their own contract as PSA requires an unbroken chain of title which can only occur only in this order, Originator, to the sponsor to the depositor and to the trustee who becomes the beneficiary of the note on behalf of the investors? They never did this. That is the securitization. Mandelman said according to APX Title, the banks may own nothing. The title insurers have exited the business. There is noone to indemnify. Max Gardner said if an attorney ever finds a deal they did properly, that attorney should bronze that deal, and hang it on their wall. Chris Whalen talked about this in his Bloomberg interview entitled: FORECLOSUREGATE IS A CANCER . As far as the Warranty deed being recorded into a Trust Deed. I believe you can have an attorney do that for you and insure it.. The homes are paid for because of the Ponzi Scheme. They made trillions. There are no trusts, they don’t legally exist.
l vent
May 23, 2011 at 12:43 PM
I think the DOJ is filing ANTITRUST VIOLATIONS AS WE SPEAK.
I spoke to the mayor of our small town yesterday about the mortgage fraud nation wide scandal yesterday. She had not heard anything about it. I’m not sure she believed what I told her.
did you see these newly released photos of the Great Depression?
they are so poignant. history is repeating itself because of bank and wall street shenanigans.
we are living in the Greater Depression due to fraud.
are we all going to have to move to Pie Town, NM and live in dugout homes because we have been robbed?
To Fury
Even after getting Astoria Federal S & L /Successor in Interest to Fidelity NY FSB to state its Indemnify Indemnify Indemnify for selling my two NYC Condos they didn’t own (that took years of fighting) I was confronted by the fraud and corruption of Fidelity National Title , Coronet Title and the bribe the title attorneys paid to Judge Alice Schlesinger to claim their forged deeds carried rights Just like I am not giving up don’t you give up.
Fury
May 20, 2011 at 9:35 PM
yes, marilyn!
we have to keep going and fighting these fraudclosure criminals.
this isn’t a pressing issue in the scheme of things,
but could someone tell us how how to add an avatar image instead of having the generic gray person?
is it linked to facebook or something or is it a profile setting here?
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 12USC374a]
[Page 136]
TITLE 12–BANKS AND BANKING
CHAPTER 3–FEDERAL RESERVE SYSTEM
SUBCHAPTER X–POWERS AND DUTIES OF MEMBER BANKS
Sec. 374a. Acting as agent for nonbanking borrower in making
loans on securities to dealers in stocks, bonds, etc.; penalties
No member bank shall act as the medium or agent of any nonbanking
corporation, partnership, association, business trust, or individual in
making loans on the security of stocks, bonds, and other investment
securities to brokers or dealers in stocks, bonds, and other investment
securities. Every violation of this provision by any member bank shall
be punishable by a fine of not more than $100 per day during the
continuance of such violation; and such fine may be collected, by suit
or otherwise, by the Federal reserve bank of the district in which such
member bank is located.
(a) Use of interstate commerce for purpose of fraud or deceit
It shall be unlawful for any person in the offer or sale of any
securities or any security-based swap agreement (as defined in section
206B of the Gramm-Leach-Bliley Act) by the use of any means or
instruments of transportation or communication in interstate commerce or
by use of the mails, directly or indirectly–
(1) to employ any device, scheme, or artifice to defraud, or
(2) to obtain money or property by means of any untrue statement
of a material fact or any omission to state a material fact
necessary in order to make the statements made, in light of the
circumstances under which they were made, not misleading; or
(3) to engage in any transaction, practice, or course of
business which operates or would operate as a fraud or deceit upon
the purchaser.
Tim Bryant
May 18, 2011 at 8:59 PM
TITLE 15–COMMERCE AND TRADE
CHAPTER 22–TRADEMARKS
SUBCHAPTER I–THE PRINCIPAL REGISTER
Sec. 1055. Use by related companies affecting validity and
registration
Where a registered mark or a mark sought to be registered is or may
be used legitimately by related companies, such use shall inure to the
benefit of the registrant or applicant for registration, and such use
shall not affect the validity of such mark or of its registration,
provided such mark is not used in such manner as to deceive the public.
If first use of a mark by a person is controlled by the registrant or
applicant for registration of the mark with respect to the nature and
quality of the goods or services, such first use shall inure to the
benefit of the registrant or applicant, as the case may be.
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 12USC371c-1]
[Page 133-134]
TITLE 12–BANKS AND BANKING
CHAPTER 3–FEDERAL RESERVE SYSTEM
SUBCHAPTER X–POWERS AND DUTIES OF MEMBER BANKS
Sec. 371c-1. Restrictions on transactions with affiliates
(a) In general
(1) Terms
A member bank and its subsidiaries may engage in any of the
transactions described in paragraph (2) only–
(A) on terms and under circumstances, including credit
standards, that are substantially the same, or at least as
favorable to such bank or its subsidiary, as those prevailing at
the time for comparable transactions with or involving other
nonaffiliated companies, or
(B) in the absence of comparable transactions, on terms and
under circumstances, including credit standards, that in good
faith would be offered to, or would apply to, nonaffiliated
companies.
(2) Transactions covered
Paragraph (1) applies to the following:
(A) Any covered transaction with an affiliate.
(B) The sale of securities or other assets to an affiliate,
including assets subject to an agreement to repurchase.
(C) The payment of money or the furnishing of services to an
affiliate under contract, lease, or otherwise.
(D) Any transaction in which an affiliate acts as an agent
or broker or receives a fee for its services to the bank or to
any other person.
(E) Any transaction or series of transactions with a third
party–
(i) if an affiliate has a financial interest in the
third party, or
(ii) if an affiliate is a participant in such
transaction or series of transactions.
(3) Transactions that benefit affiliate
For the purpose of this subsection, any transaction by a member
bank or its subsidiary with any person shall be deemed to be a
transaction with an affiliate of such bank if any of the proceeds of
the transaction are used for the benefit of, or transferred to, such
affiliate.
(b) Prohibited transactions
(1) In general
A member bank or its subsidiary–
(A) shall not purchase as fiduciary any securities or other
assets from any affiliate unless such purchase is permitted–
(i) under the instrument creating the fiduciary
relationship,
(ii) by court order, or
(iii) by law of the jurisdiction governing the fiduciary
relationship; and
(B) whether acting as principal or fiduciary, shall not
knowingly purchase or otherwise acquire, during the existence of
any underwriting or selling syndicate, any security if a
principal underwriter of that security is an affiliate of such
bank.
Check this bill that is in Congress. It is under the guise of “Homeowner Abuse Prevention”. There is very little protection in this bill. In fact, it mandates the servicer to act only in the interest of the investor. OK, who then becomes fiduciary responsible to the homeowners for accounting on the borrowers behalf? This technically wipes out the legal entity known as a “lender” that is stated in every mortgage doc. This is because a lender has fiduciary responsibility to the borrower. This bill mandates wiping those terms to the original contract out. Another example of the feds not knowing WTF they are doing….
I urge everyone to submit theirs. If the Post receives them un masse, they will probably investigate the aspects that have not been reported, yet we all know on this site.
I have been mentioning the Takings Clause (Eminent Domain) of the Constitution and how the government cannot own any part of your property without due process and fair value. I have finally found a NY case that illustrates this as it relates to foreclosures….
A letter going out from Bank of America notifying clients the new servicer will be the bank proper itself, instead of BAC Home Loan Services LLP.
Does anyone have any inside information on why this change?
The letter has legally crossed all the ‘T’s and dotted all of the ‘I’s.
It does not give any other information, claiming that all pertinent information on the clients’ mortgage stays exactly the same, including the same mailing address for correspondence and business and account number.
If it is a trust, they cannot act as a servicer, under their tax-exempt status. This will be interesting.
Readdocs
May 17, 2011 at 8:40 PM
Don’t have the information on who is the investor yet. If it’s a bank that is the servicer, and the investment is a trust, they can’t legally be the servicer? What I’m looking at now is finding who owns
and holds the note for this mortgage.
There’s been some kind of a small adjustment been made to the mortgage itself by Bank of America,
and so far we’ve not been told why our payment was increased by about 60 dollars per month.
Readdocs
May 18, 2011 at 4:37 PM
Going back through all of the paper work, and online data, there is no information on who the investor is, and whether it’s a trust or not.
In the copies of the origination documents it lists Taylor Bean & Whittaker as the lender. If the mortgage was bundled by them and sold to an investor that is not in any of the documentation I’ve looked at. When B0A Home Loan Services LLP was instructed by the government to take over the business of TBW, where the note, the mortgage, and the DoT were or sent is unknown. It’s obvious it was not sent to B0A, as they are the service company only.
After being advised via letter recieved yesterday, the servicing was being changed to B0A NA with still no new added information.
I plan to keep researching for this information, not wanting to alert the servicer that I suspect a problem with this mortgage, giving them the advance of taking this borrower to court using the agenda of planning on defaulting on payments to the lender. That is not the plan, a guarantee there is a whole and clear title to this property is the intent.
Tim Bryant
May 18, 2011 at 5:01 PM
If you kept all your closing docs, there is a set called “Closing Instructions”. It will usually list it in there. If not specifically mentioned, check to see who is to receive return funds if the loan does not close.
Readdocs
May 18, 2011 at 5:55 PM
All of the closing documents are here, they listed TBW as the lender, if the mortgage was split up and bundled for investment TBW is the one who would have done this. They were the servicer and lender until taken over by the federal government and closed down. BOA Home Loans Servicers took over from TBW via instruction of the federal government in late 2009, Now B0A Home Loans Services will no longer be the servicer, that will be the bank proper, Bank of America NA..
While TBW was open and accepting mortgage payments, we were never able to contact anyone at their offices via phone or email. This might be on of those situations where the “lender” was a front for the real lender, and there was no personnel to contact, it was just a mail drop. My opinion.
Tim Bryant
May 25, 2011 at 7:29 AM
Readdocs,
Check the SEC website “enforcement actions”. There is a release concerning TBW.
Also, check your contract and see what it says in regards to a change in servicer, and if the note is sold. Usually, both the old and new servicers must give you notice of the change. Also, if the note is sold, they usually do not have to give you PRIOR notice. That does not mean that they do not have to tell you at all. Use your contract as your ammunition to get the answers you are looking for. Every time they violate your contract, notify them in writing of such breach. Send it to the address listed in the section that says “notices”. Remember, if the servicer doesn’t supply the answers, the investor or Trustee is responsible for their actions as well. The servicer is an agent of the Investor/Trustee.
i think that they are getting ready to try to limit liability against investor lawsuits.
they are trying to separate loans out —- they are trying to dump what they consider “toxic” loans into BAC
and put the others under BofA.
perhaps someone else could confirm this.
Tim Bryant
May 17, 2011 at 8:53 PM
My loan has all of a sudden been put in HSBCs name. This gets better and better. BofA cannot even prove to my lawyer that they have any interest in the loan, now they are selling it? It must be the $350,000 demand letter under Mass. Gen. Law Ch. 93A sent by my attorney. This is great, the banks are now hanging each other out to dry….LOL
Tim Bryant
May 17, 2011 at 9:01 PM
Also, save the envelopes that these docs come in. My denial of a mod was sent in BofA’s name on their stationary, but was actually created and sent by Stewart Lending Services. Ironically, this is a gov’t subcontractor for mod servicing Ginnie Mae loans, which I do not have.
Thank you Tim. More research shows the originator of the loan did not inform the mortgage was being sold to TBW before the mortgage was closed. . The originator mortgage broker informed at the very
time of closing the mortgage had been changed in two ways. The loan was changed from a pre approved VA loan to a USDA loan, and the loan had already been sold to TBW before the signing
by the borrower. We never recieved anything from this broker before or after the fact.
I’ll be checking out the SEC website.
Tim Bryant
May 25, 2011 at 11:03 AM
Readdocs,
If the loan was sold PRIOR to the closing, and TBW is listed as the lender, the mortgage contract would be a nullity. That is not good news for them or you. It would act as if the transaction never occurred. You should consult an attorney.
I just got a notice from attorneys on pending foreclosure. My refi was BofA but this letter states it is BAC FKA Countrywide, so mine got switched to BAC.
Tim Bryant
May 19, 2011 at 11:37 PM
BAC Home Loans was never known as Countrywide. BAC was formed after the merger, on July 1, 2008.
Thanks everyone! Maria – yes, it was Real Time Debt Solutions. Thank you kindly for sharing your input.
I’d heard these agencies purchase these smaller debts for pennies on the dollars – then try to harass to see if they can obtain settlement.
It sort of floored me initially that a debt contract secured by property (which is still there, not foreclosed upon) can suddently be demmed an unsecured debt. It seems like a unilateral change the terms of a contract…but the collection agency probably just steams forward assuming that every HELOC contract contains some sort of provision for debt collection vs. foreclosure without regard.
In any case, I will dispute via certified letter, etc.. B of A couldn’t provide any real data on this debt which they picked up from CW…which CW picked up from another company. None of the data is properly reflected in the county property records.
You are an amazing crew of folks, by the way. Thank you for all of your efforts in connection with providing data, sharing resources and for your time and kindness in replying to posters. I visit your site daily. Many blessings!
There is an interesting statement on the site, “The threat of legal action is more powerful than filing suit.” This is a blatant violation of the Fair Debt Collections Practices Act.
From what I can tell, it is for accounts that have been charged off or considered “uncollectable”….interesting.
Check to see if they are a registered debt collector in your state. If they are not, tell them to piss off. Transferring the debt to this firm makes it an unsecured obligation. It will be extinguished in bankruptcy or if you have a Homestead.
Tim Bryant
May 20, 2011 at 8:18 PM
I also find it interesting that BAC claims to have transferred the debt obligation, since MERS claims to hold it. This ought to really get judges pissed !!!
I wonder if they are a “servicer” under the US Code?, uh, NO they are not. So now you have no lender or servicer. Goodbye debt obligation..
A curious thing arrived in the mail today…first quick background:
Main mortgage is Chase. Fraudulent paperwork (they’re completed income and asset data is no where near mine and docs are signed by XXXX (seriously, all X’s) – So, they know that WE know the problems…have stalled the foreclosure (they did). Trying hard to get us to modify (of course – new paperwork…no way am I signing away rights, etc.). So, we sit in limbo for right now.
In the meantime, I’d found that the line of credit loan was never properly recorded w/the county records after it was sold to Countrywide then Bank of America. They threatened forclosure – then all was quiet for 6-7 months.
Today, I received an invoice from a collection agency. It looks like an unpaid medical bill – so assume Bank of America has decided to treat the debt as unsecured debt. Is there anyone else in MI or any other states that have received similar collection notices? Thanks so much!! Signed, Faithful Reader 🙂 Beth A.
Did you get this from Real Time Resolutions? BofA turned our 2nd over to them. They purchase these for pennies on the dollar from BofA.
IF it is Real Time Resolutions – don’t call let the statute of limitations run out… I have not contacted them for 2 years, and they threatened to sue about 5 mo ago. nothing occurred thus far.
I received the same thing a few weeks ago, the letter came from REDC default solutions. Of course the letter stated that I had 30 days to dispute this debt, and if I didnt it would be assumed valid. Today I received my reciept for my letter to them disputing the debt. 🙂
Let the lawmakers read these stories in the DC papers. Get the information out on the corruption we are facing. If we can fill their inbox with these horror stories, maybe someone in DC will act on our behalf. If not, they will continue to be embarassed by these flagrant violations of the law which our government is allowing.
well i guess we have to because writing the OCC and the individual senators is doing nothing. actually miller probably found out about modifications from us writing him. i will form aletter to post ans end it. the word needs to get out and this needs to stop!!!
Tim Bryant
May 16, 2011 at 2:37 PM
I just sent them a bunch of information to research.
How do you discover who the investor is on a note in MERS?
What standing does MERS have if you discover they have not registered a new servicer in a timely manner
in MERS? If a servicer was assigned in 2008, and a new servicer is then assigned in 2009, and it’s discovered
the original date of 2008 is still being used by the second server is that evidence of sloppy filing and registering?
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
You need to be looking for any recorded assignments of your Deed at the County Recorder’s office.
MERS may list who your investor is but it is not a valid source of assignment information.
MERS has NEVER had STANDING. MERS is a strawman.
The fraudsters and servicers can change information on MERS.
MERS is more likely to list who your servicer is than to list the investor. In some cases, the Trustee for the certificate-holders is listed without specifying that it is a trustee or what the name of the trust is.
For my own loan, Bank of New York Mellon is listed as the investor. In truth the supposed investor is a CWABS trust.
I was provided the name of my supposed investor by the servicer but only after legal proceedings had been started.
Readdocs
May 15, 2011 at 8:10 AM
The county court house has NO information of the current standing of my mortgage, it was never recorded there. I looked in MERS to find only the information of who is the servicer listed there,
the investor is not listed. Now how do you with such limited information discover who is the investor
without being sued by the servicer. Oh and MERS is listed as the nominee as trustee and beneficiary
of the mortgage as it stood under the original servicer. Since the new serivcer has not made the effort
to file and register at the county court house it is a question if MERS still has the same nominations
Also filed and registered at the county court house MERS was supposed to be the holder of the note,
the mortgage, and the deed of trust in original wet ink document. I seriously doubt they have possession of those orginal documents since this morgage has been securitized and now an investment. Wouldn’t the investor or the trust invested in be the holder of these documents?
This whole mess is sickening, and it’s a foregone conclusion an investment in a lawyer is in the future too.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 15, 2011 at 9:57 AM
You definitely do need to consult with a knowledgeable attorney in real estate law.
I realize you are stating that apparently NOTHING is recorded against your property with the county recorder. You need to have that verified.
However, per your statements about the SERVICER, you still do not understand that the servicers do not record anything.
Original loan documents are recorded on behalf of the LENDER as a normal part of loan closing after the borrower signs the documents.
Otherwise, documents are recorded with the county recorder to substitute a trustee (this has to be done in compliance with the terms for doing the substitution per the original Deed of Trust or mortgage). Also, assignments of the Deed of Trust or Mortgage are also recorded, normally.
NOTHING regarding servicing is recorded with the county.
If your original mortgage never was recorded, I suspect there would be problems trying to record an assignment or a substitution of trustee, since these documents are basically intended to record a CHANGE to the original stated parties. Such documents always need to refer to the original recorded document.
I’m wondering if here is any chance your mortgage was recorded in a neighboring county by mistake. I would hope that could not occur.
Who is the LENDER per your copy of that loan? Who is the original Trustee?
Before you go further with any contact with the servicer, Lender or original Trustee, contact a skilled real estate attorney. A statement from your country recorders office that they do not have your mortgage shown on your property would be good to take with you to that meeting. I’m thinking they could provide a ‘no such entry found’ document. The attorney may want a Title company to perform a search to determine if all prior mortgages were properly satisfied.
Get going. If your loan was not recorded, it was not perfected.
Readdocs
May 15, 2011 at 10:22 AM
The loan history is.
Applied for a VA pre approved load with a mortgage broker in a nearby local town. The day before closing the loan was changed to a USDA loan without our approval or knowledge, and at the closing discovered he had sold the mortgage before signing to TBW in Florida. In MERS it shows TBW as the assignee with no other information. The mortgage was electroncially filed and registered with the right county. I have copies of all the county court house documentation for this mortgage and the property.
In 2009 TBW was seized and shutdown by the federal government. We recieved notification to start sending mortgage payments to Bank Of America;. Bank of American never filed and registered the changes made to the mortgage in their name. BTW…in the county court house files…TBW is shown to be the lien holder and not the assignee as it is in MERS.
This is the total of the information at the court house and in MERS. We have no information on where our loan is, where the mortgage is, or where the Deed of Trust is.
I don’t want to pay this place off and be informed we’re getting a quit claim and that’s it. Or have some entity show up after it’s paid off foreclosing on the property because all of the payments were diverted to the wrong entity. The consumer has a right to know all of the details on the product they are purchasing.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 15, 2011 at 12:05 PM
I have read of problems with these TBW loans.
Bank of America is simply a servicer. You are mixing SEVICING moves – which are never recorded – with recording of assignments of the Deed of Trust.
You need to be clearer on this information before you interview an attorney. The fact that you are not being precise on the facts that you do have is potentially going to create problems for any attorney who does not review your information with care. Obviously your original mortgage is reflected with the county recorder’s office after all. You seem to be splitting hairs over whether TBW is the original LENDER or an assignee. Go by what is RECORDED. MERS database is not to be relied upon.
You need to either become more precise in what you are stating or else find an attorney to investigate this for you. Instead of relying on your input, he needs to rely on the actual documents you have.
If you were to give an attorney the statements you have made here, they would see several contradictory statements. The facts you give the attorney need to be correctly stated. It comes down to that old adage “Garbage in, Garbage out”.
Most likely you have a mortgage that ‘belongs to’ Fannie Mae or the FDIC, since the government takeover of TBW.
There is an online tool on the Fannie Mae site that allows a check for whether Fannie is the investor.
In one of your posts here you stated the original Trustee is MERS. I have never seen MERS in that role. You need to go thru your copy of the original Deed and write down several details on a separate piece of paper. The ‘actors’ that should be on the Deed are: LENDER, TRUSTEE, BENEFICIARY.
MERS will normally appear as the ‘nominal’ beneficiary.
MERS does NOT retain original documents.
Your original signed NOTE should be in the physical possession of the entity claiming to be the note-holder.
In some states, the Deed is presumed to ‘follow the note’. The documented chain of assignments for the DEED might be overcome in that way.
You might find that a service that can examine your title would be able to find out who the note is held by.
Tim Bryant
May 15, 2011 at 7:40 PM
Also, MERS can never hold a note. That would be considered banking, and they are not a bank under any law. This action would be void by operation of law.
I have posted the only information I’ve been able to find at the county court house and online at MERS.
Thanks for the tip about Fannie Mae tool bar.
One other thing. The originator of the mortgage the local mortgage broker sent a letter offering to refinance the mortgage, as he had checked our file seeing we could refinance for a lower interest rate.
Readdocs
May 24, 2011 at 9:59 PM
Thanks Tim for the link to the FBI announcement.
Tim, Thank you for the link to the FBI announcement.
Send them a letter, return receipt requested. Ask them who the investor is, and inform them that under the E-Sign Act of 2000, only the listed holder of the “transferable record” has the rights as a holder in due course, and only if previously disclosed to the consumer (you). Tell them as well that you are to be notified in writing, under the same law, if there is any subsequent changes to the investor.
The investor is responsible for the servicer’s acts, so worry more about pressuring the investor. They can lose their tax-exempt status due to their servicer’s behavior.
Readdocs
May 24, 2011 at 11:45 PM
From what I’ve researched neither Freddie mac nor Fannie mae are the owner of my note..
I’m a reporter looking to interview African-Americans who have lost their homes to foreclosure, or are at risk of being foreclosed. If you have a story that needs to be told, I can be reached at jwashington@ap.org.
” Lord, I’m still on the case. I’m still doing what Dr. King and Pops want me to do. I’m still on that freedom highway, and I’m going to walk on it until Dr. King’s dream is realized.”
While I am not a member of any ethnic group that you are seeking, I did notice a distinct pattern in the names of those being foreclosed on by CountryWide/Bofa in San Diego CA.
I saw a disproportionate number of FEMALE owners and also of HISPANIC and ASIAN surnames.
Since African-American surnames do not stand out just by their spelling, these other groups DO show up quickly in an online search I did of documents on file with the county recorder’s office.
Foreclosure fraud is blind to the colors of our skin but the mortgages offered by CountryWide DID target women and minorities with their PREDATORY loans. That is now showing up in the statistics of the foreclosures.
jesse,
these are the links that show the footage that reminded me so much of our current fraudclosure crisis.
the lyrics and mavis staples’ voice is like what we feel today – people of all races. it imust be especially frightening for hispanics who don’t speak english and were defrauded.
to I vent and all concerned with the future I was doing some checking on Fidelity National Title
and the heading on the page reads{
FIDELITY NATIONAL TITLE
Inland Empire
Jesse, here is the email address for The Rainbow Coalition. They are actually part of the fight against foreclosure fraud. You should contact them… info@rainbowpush.org
If you’re currently in foreclosure and your loan is being processed by one of the following foreclosure mills:
1. David Stern
2. Marshall C. Watson
3. Shapiro & Fishman
4. Florida Default Law Group
5.Kahane & Associates,
6. Daniel C. Consuegra
7. Albertelli Law and
8. Ben-Ezra & Katz.
Then this is urgent news for you. These firms are being shut down because of the Robo-signing scandals, and are in a massive state of flux..
Chances are, if you are one of the hundreds of thousands of homeowners who are being foreclosed upon (or have been foreclosed by) these crooks, then this post is utmost importance to you.
This opportunity lies in two points:
1) You are a victim of fraudulent documents, fraudulent assignments, and robo-signing. All your paperwork submitted into court should be challenged.
2) These firms are going out of business, yet they are still the “Attorney of Record” for the Plaintiffs (the pretender lenders).
If the above named firms are the people handling your foreclosures, you should contact the Florida Attorney General’s office and find out what complaint is being submitted against these firms.
You should then take this information and “Motion the Court to take Mandatory Judicial Notice” of these complaints. Now I have not yet found an attorney to do this, so if anyone does please let me know.
What this does is that it will bring doubt as to the validity of the documents that they have submitted into court for your case…forcing the foreclosure action to be dismissed. Remember, the burden of proof is on the Plaintiff. If the Plaintiff (in this case, the pretender lender) cannot produce valid evidence of proof of claim…meaning the documents they have submitted can be proven to be invalid, and then you can motion for the case to be dismissed.
I’ve heard several people in Florida who have had their foreclosure actions dismissed because they challenged the attorney on the basis of improper paperwork by the Plaintiff’s attorneys.
You should consult a lawyer to discuss this matter to see if this can be applied to you.
Quiet Title Action
Because your title has been assaulted by people recording false claims on your property, as the title holder of your property, you have an OBLIGATION to defend your title.
What do I mean by “being assaulted?” These foreclosure mills have recorded invalid and false assignments with no proof, no authority and no due process for the mortgage on your property. Remember, according to the US Supreme Court ruling in Carpenter v Longan, the Mortgage follows the promissory note.
What this means is, assignment of the Mortgage without control/ownership of the promissory note is voidable (read: meaningless).
The party wishing to foreclose on your property must control BOTH the mortgage and the Promissory note.
In most cases, since your note has been securitized (sold on Wall St to investors around the world), your pretender lender only controls the mortgage and tries to foreclose based on that alone; bringing fraud before the court. This is backed up by a recent Massachusetts Supreme Court Ruling in US Bank v Ibanez.
The promissory note MUST name the party wishing to foreclose AT THE TIME OF THE NOTICE OF DEFAULT. A faulty chain of title is like bad food, once gone bad, can never be fixed.
BLANK ASSIGNMENTS ARE UNACCEPTABLE proof of chain of title. Yet, blank assignments are STANDARD BANK PRACTICE. (read OPPORTUNITY)
Here’s the good news. You now have this limited time, once in a life time opportunity to potentially remove your mortgage from your property via a Quiet Title Action. Here’s the deal, these foreclosure mills are still the “attorney on record for the plaintiff”.
This means that if you were to start a Quiet Title Action against your pretender lender, you can serve the “attorney on record” the complaint and summons.
These companies are being shut down. They are firing all their employees. They are dealing with the Florida Attorney General for fraud. They have a lot of problems they are dealing with right now. So when you sue them, you are THE LEAST OF THEIR WORRIES.
Do you think they really give a hoot’s ass what happens to their clients (the pretender lenders) who have fired them or may fire them? Yet, being the “attorney of record” means they have a fiduciary responsibility to accept service for their client.
So, if you were to sue your pretender lender, and service this attorney on record…there is a GOOD CHANCE they will not respond. And if they don’t respond within 30 days, then you win by default.
What does that mean? It means if you win a Quiet Title Action by default, which means the Judge has to grant you a quiet (clean) title to your home. This means no one can ever come back and sue you for the foreclosure action. It’s done.
If they attempt to sue you for a foreclosure, they’ll have to fight the Quiet Title Action first.
Courts are not very forgiving on people who lose by default.
If your seeking legal help or you want to FIGHT to KEEP your HOME you might want to consider this
STEP by STEP program created by Dr. Fredrick Graves.
Rules of Court and Law of the Case > Whether you’re being sued or suing someone else, you must understand these two simple things – or risk losing!
Winning is really very simple! Every lawsuit turns on these two (2) simple things:
#1 … the law of the case and
#2 … the rules of court (evidence and procedure)
That’s all there is to this game we call court!
Winning is EASY once you see this simple truth! —- Anyone can learn what it takes to win!
You simply need to start with a clear view of the field of play, the object of the game, and the rules that control all the players … including judges and lawyers!
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I want to educate those people trying to do loan modifications. Many have called their lender asking for help, what they tell you. We cannot help you unless you’re late on your payment. To me that is providing legal advice and not a solution. They should legally be held accountable for that poor advice.
Here is why they tell you to be late before they can help you. Once you fall behind on your payments the service provider can purchase the debt for pennies on the dollar, they then hide behind The Fair Debt Collection Practicing Act. Yes, they tricked you again. They went from a servicer servicing the loan for the so called note holder to a debt collector. For them to collect the debt there suppose to be registered in your state as debt collector so you might want to see if they are, many are not. Now that they own debt they can do a loan modification, if you do a loan modification your giving them a reason to create a new loan and note, because they don’t have the ORIGINAL NOTE. So don’t help them STOP doing LOAN MODS, you’re playing into their hands. STAND UP AND FIGHT TO KEEP YOUR HOME. So you say Steve that’s not that easy, your right, but you still have rights. I don’t want to write a book here although I’m working on putting together a Foreclosure Defense Manual.
Here’s one way everyone can get resolution to their foreclosure problem. Contact your local Sheriff, before doing so watch these links;
Now send these links to your local Sheriff, your local Sheriff took an oath to up hold the constitution and has the power to stop these Foreclosure as you saw in the videos. When you send this to your Sheriff you’ll find out if they’re standing behind the oath or not, because if they are they will STOP all FORECLOSURE in your COUNTY.
If not, you need to pressure them, how, by blasting them on YouTube, Facebook, tweeter and other social media and ask them to step down, start picketing in front of the Sheriff’s Office, or make up a sign and put on your car, Impeach Our Sheriff for not Up Holding the Oath or something of that sort. I have a premade e-mail to be sent out if anyone wants to use it.
Also understand the owner of the Note is the only one that has Legal Standing to FORECLOSE, it’s not just about producing the note it’s about who has legal standing. If the note was Securitized and Sold to Wall Street then the Note was changed making it VOID..
What I mean is that the note got converted from a Note to a Stock and then sold to Wall Street as Shares… think of it as an Apple going into a Blender the end result is Apple Juice, you cannot convert Apple Juice back into an Apple. Nor can they convert the Note once it’s changed back to a Note… If it was sold as shares then only those share holders have legal claim to Foreclose, the question is who are they and how do they know they own your note. Even if they could don’t forget the point that the note was converted and VOIDS it out.
The problem we have are the Judges took an Oath to up hold the Constitution as well, Personally I believe they are not up holding there Oath as well.. search Judges Oath and you will see they are suppose to protect us from Fraud and up hold the Constitution which they are not doing,
The other concern I have and each of you should have is what legal process are we now operating under, there’s a flag now hanging in the courts with Gold Trim. People we are operating in commerce should you not understand the system? DO YOU? You need to understand that the constitution and money (gold and or silver) is long gone and that you are in a new system known as commerce which does not operate with money (gold and or silver) but with negotiable instruments. Is the system fraud, treason, satanic, corrupt legal but unlawful ETC.? It sure is but you are involved in it almost every day of your life. Now type in HJR 192 in your search engine. HJR stands for House Joint Resolution 192 and that is where this scam began. At this time the people gave up there gold and silver (money) for Federal Reserve Promissory notes.
But if you read HJR 192 and understand what it says the government also said that they would now pay your debts for you because you no longer can. That means if you understand the scam the government will pay for everything for you. When you were born and your straw man got his birth certificate you should have gotten a check book along with the birth certificate. I know you did not but you should have that is where the fraud starts. They had to do this so as not to be charged with treason at that time. Now do you understand why some of you may have had a judge tell you the constitution cannot be argued in his court? The court is not a constitutional article 3 court how can it be you have no money. You are in an administrative court with an actor acting as a judge in commerce not the constitution. And your straw man is before the court but you are there with the straw man so you become the surety for the straw man. The actor judge is not talking to you he is talking to your straw man.
America is under a system that is called commerce and commerce is a different system than the constitution. Trying to mix the two systems is like trying to mix oil and water you can’t so if you do not understand the system you will lose every or almost every time. One system operates with gold and silver (money) and the other system does not. Those who refuse to learn this, this system will destroy you and you will never know why. You still do have rights guaranteed by the constitution but only if you learn the system you are in WHICH IS COMMERCE.
In every court house in America there is now a flag haning there with a gold rim, the reason there is a gold rim is because of Admiralty Law. Whenever you see a gold rim on a flag it means you are accepting the use of Admiralty Law when you testify or have representation within that court. It basically is a set of laws that governs corporate actions. It is derived from Maritime Law. You as a person are a corporate entity of yourself in a Admiralty Law court. There is ALWAYS a monetary value attached to court decisions in this type of system. UK, US, Canada, Australia and other countries legal systems and governments are based on this Admiralty Law. Whenever you see YOUR NAME in ALL CAPITAL letters that is your “corporate identity”. Your drivers license birth certificate social security card and anything else pertaining to the government, debts, or trading of goods or services will have your name in all capital letters. This is not you it is your fake corporation set up at your birth to keep track of all your debts public and private.
I believe if these Judges did their Job and up held The Peoples right there would not be one home FORECLOSED up on. I’m starting to wonder if these Judges are being paid off by the banks..
Jail the Bankers and Jail the Judges are signs we all should be holding.
I’ve heard one can file a Lien on the Judges bond which would cause serious issues. Some other options the people may have is putting your home into a Land Patten or Alldoial tile and filing a UCC 1 on your property. I have to find out more about the UCC 1, I just spoke to an individual last week about this.
I hope this info helps shed some light. What I really want are the readers to take action with contacting their local Sheriff and getting him or her on board to FREE the PEOPLE from the FRAUD and STOP these FORECLOSURE though out the USA…
The Sheriff could be the key to resolving this but I have a concern and ONE question I want to ask these Sheriffs and it should be a question you too should be asking, that question is;
Do they believe in the Oath you took and do you have the Courage to Stand up for The RIGHTS of the PEOPLE or do you stand and represent the system?
Then Click on STATE OF MICHIGAN – BA-Group Home Page and down load, you must have Microsoft Word.
The expression from the book Modern Money Mechanics, published by the Federal Reserve Bank of Chicago that “deposits are merely book entries” is now easier to understand. I suggested you read the book “Modern Money Mechanics” by the Federal Reserve, you should be able to Google it.
God Bless you Steve Wagner – the first comment provided great instruction, however your second post is just a bunch of patriot babble and nonsense, except perhaps for some of what is shown about the duty of the Sheriff and the Oath, so please be sure and use your discernment as you walk in the spirit that will guide you in all truth.
The law is not the same in every state.
The UCC has nothing much at all if anything whatsoever to do with foreclosure.
Judges do not have to have bonds – at least not in Indiana, but may as did Justice of the Peace Office, that has been abolished by statute perhaps twenty years ago and judges everywhere are absolutely totally immune and besides that immunity, no bond covers violations of constitutional rights as all bonding companies would be out of business overnight for claims for rights violations, that are perpetual and overwhelming.
The concern about the gold fringe is a fantasy that is dangerous and worthless to argue about.
There are many other things that you have swallowed hook, line and sinker from a stinker that you need to clear your head about and concentrate on what you first stated, law of the case and the trials rules are the two things that you must focus on to win, not in the lower court but by the record made for appeal.
I have known the Dr of Jurisprudence for over fifteen years and he does have some very good instruction, although it is only as perfect as the student learns this information and goes beyond the instructor to be better.
Michael @ The “MIXED WAR” Room and The Trials of Life
My home in CA was foreclosed upon by Select Portfolio Servicing, on behalf of a First Franklin 2006 RMBS. In August of 2009, I was offered a “trial loan mod” as I was behind in payments. I had to pay an initial amount of $49,000 (not a full reinstatement), then nearly $5k per month. After accepting my payments for five months, and taking in all of the requested paperwork from me, they did not deny my mod, but rather said the “investor” now wants over $7k per month, but my income doesn’t qualify for the increased amount (but it did for the $5k). I re-submitted my income after renegotiating some partnership agreements I was involved in to show I can afford the $7k payment based on their DTI ratios. SPS never once argued about my income docs or questioned the amount. Their response? In order to review this further, I had to come up with an additional $13k. What? It gets worse, over the next four days, the amount I needed to pay them to review (without any guarantee of approval) increased to $126,000. The loan was over $1m. I told them I couldn’t, and wouldn’t pay this was not part of our agreement and was extortion.
SPS suggested that I make them an offer to short-pay the loan, which I had already done over a year prior. They even told me to not make any payments since we couldn’t agree on the amount. SPS “appraised” my home four times, kept me in foreclosure, forced me to file a BK to stop the sell, then ultimately foreclosed about a year later. After dealing with this for nearly three years, only a few weeks prior to the sale did they accept a short-pay (at a higher amount that I offered), but by then, my source of funds had dried up.
I have hired an attorney and we are suing for fraud. No lender has an obligation to modify the terms of a loan, however, if they put forth the contract, tell me what to pay, then accept all the payments, they do not have the right to simply change the terms of the contract at will.
Has anyone had a similar experience? I’ve read about a lot of broken loan mods, but never one like this.
you think you have been extorted? its about the same over here in florida. since 2009 i have been dealinf with wells fargo. didnt know much about the fraudclosures then. but i lost my job and asked for help that was my 1st intro to securitization. now i know why pwople walk away. i was told that i could not helped unless i get ajob when i did finally work and submitted all the paper work dozens of time because somehitng always got “lost” i madt to much even though i was unemployed for 5 months they gave me a wells fargo mod ???? that was hire then my original. i cried pleaded and begged for a lower payment they rold me either foreclose (which i should have then because i could have been coaught up in the stern shennanigans) or short sale. i then told her about my 20% investment. i find hard that they take our downpayment and when this happens thry dont want to help. then of course they new i had no more money reserves. i called to tell them the bp oil spill has left me under emplyed and my husband got sick and could not work. they told me i had to be in emminent default for them to help me. now the real fun starts, by oct 2010 all my paper work i should have had a mod approved when i was only 3 months behind right. nope i a call every week from wells fargo to tell me i was in review i would send them this and that . dec 2010 i get a frantic call fronm my loan processsor that her computer was hacked someone got her passcode and moved my file out of review to the next “cog” or level. by 1/11 she was off my case never heard from her again. i received a letter from wells fargo asking for more paper work byy feb 14th. i sent it fedex feb 4th, on feb 16 i receive a letter that i was denied a hamp loan because failure to send in proper paper work. by feb 21 i was sent to a foreclosure lawyer in orlando florida. by this time i found out about the hamp fraud and had it with them. i tried to complain to the OCC ect and they just keep dishing out lies that i did not do what i wass uppose to. i am sickened. i saw a case in michigan someone sued their bank for fraud and won. i wish i couold sue them no one in florida wants to help can not get a lawyer to call me back. i feel like i am in the twilight zone.
Tim Bryant
May 11, 2011 at 8:22 AM
You noted one of th major problems, when you complained to the OCC. The federal government will not backup homeowners, whether they are in the right or not. They have repeatedly shown they are only trying to preserve the wealth of the top 2%. You cannot rely on the government, but you can hound the s**t out of them for not doing their job. In my recent SEC exemption requests, I was told by Katherine Hsu that the SEC “does not know what to do” in this matter. The problem is, they know we are in the right and there is no obligation between a homeowner and an investor or trustee. The seller of the securities is the guarantor of the contract, not the homeowner. For a legal contract, one must be given consideration. There is no consideration offered or paid between an investor and homeowner. The lender gave the consideration. The investor is not a successor in interest. The are bona fide purchasers of a debt obligation on collateral held by an entity not party to the contract. In essence, they purchased nothing.
Investors in 99% of RMBS are created under New York law. If you read your mortgage docs carefully, the mortgage is under the federal laws, and the laws of the jurisdiction of the property. The RMBS is not valid unless you live in New York. The trustees and investors have no standing, if properly plead by a “competent” attorney who actually reads your mortgage docs. Their only recourse is against the seller, who is the guarantor. The SEC knows this but will not put anything on paper stating such.
The other federal agencies are the same. Hell, the FDIC took over a bank and was caught in filing false affidavits themselves. What everyone needs to do is keep pressure on these agencies, and your state and federal legislatures. Being from MA, this seems to be working. Our judges have caught on to the shady practices of the financial institutions. There is also a statewide investigation of MERS, which has caused one of our counties to pull their money out of Bank of America, because they use MERS. The dominoes are close to falling. We need to keep HEAVY pressure on our elected officials to act appropriately.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
I have a permanent mod from CountryWide that was offered under the streamlined processing called for by the “CA AG Modification stipulated agreement” that CW and BofA agreed to with the CA AG.
I returned the agreement with my signature notarized and the required paperwork. The Fedex as delivered on time, the paperwork was checked and I was verbally told that the paperwork had been VERIFIED. The modification was supposedly “MINE” I was told. The next steps were to then enfold that agreement into the actual loan. I was supposed to await sending the first payment until I received a payment coupon matching the modification. Supposedly it could take another 60 days or so for the final processing and the payment would possibly be adjusted for any payments due during that delay. Only problem with this picture was the notification of servicing being sold that I received. That mod had supposedly been effective as of April 1 with a first payment due on May 1 (except for the instructions I received differing). Now this new servicer was to take over on the very day that the first payment was due on the mod but there still was no payment coupon for the new amount. The new servicer claimed they would adhere to any COMPLETED modification. CW/BofA claim they never completed the modification. The new servicer refused anything but the full payments. They claimed to have no cause to comply with the mod that had already been notarized. BofA never recorded the document.
THEY offered the mod. I complied. They never reported any reason to me that the offered contract was not valid in a timely manner. Even after the servicing transferred, I was being told the mod was still being processed. More than 2 months after the transfer, I was simply told the mod ‘NEVER HAPPENED”. That is a breached agreement. A Superior court judge found cause to hear the case. BofA argued that financial documents MUST have the signature from BOTH parties. That same argument would allow me to claim the original mortgage documents were not valid since they are offered by the ‘lender’ but never counter-signed by the lender. There is not even a place for a lender to sign on original mortgage documents.
It became apparent that I was better off questioning the validity of said original mortgage rather than try to pay legal fees while also making sizeable modified payments per the court. It amounted to paying more than the original mortgage payment.
The replacement servicer has only made things more interesting by first claiming the mortgage was securitized into a particular trust, then nearly a year later, after I moved the case to BK court, that servicer’s employees created and recorded the assignment that attempts to put the mortgage AND NOTE into the trust that it SUPPOSEDLY was already in. (MERS can not assign a NOTE, but the bozos had to try. CA courts are now ruling that MERS can not assign even the Deed.)
The servicer is actually in the role of a debt collector and they are helping give the debt collectors a bad name with these attempts at self-serving assignments and attempted fraud on the court all packaged together.
Tim Bryant
May 11, 2011 at 8:27 AM
Call BofA and have them show you that they have any successor interest in your Countrywide loan. Tell them if they do not give you that within 30 days, you will send a notice of dishonor claiming that they are not a party to your contract with Countrywide, after you have given them proper notice under the contract, and they refused to state a legitimate claim to any ownership interest..
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 11, 2011 at 10:12 AM
Shhhh. Even ole’ CountryWide is not my LENDER. My lender is a supposed corporation that was never formed by CountryWide in New York. The Deed very clearly states that the LENDER is a New York Corporation called “America’s Wholesale Lender”. Even the later attempts by Litton employee’s claiming to be the MERS nominee are signing as the nominee of “America’s Wholesale Lender – A Corporation”.
Now to seal the fate of ‘AWL’, another group DID incorporated that name in NEW YORK state at a later date.
The LENDER on my documents NEVER LEGALLY EXISTED. AWL did not register as a lender with my state as required.
CW has been using ‘D/B/A’ filings in numerous states to bluff there way through this mess. If the DOCUMENT claims the entity is a CORPORATION, the subterfuge of the D/B/A will not work with a competent attorney and any court that truly hears the pleadings..
Because Litton has filed that assignment into the ‘Trust’, BofA is not claiming any involvement at this time.
That assignment is a hoot.
Tim Bryant
May 17, 2011 at 8:22 PM
Hell no,
I found this for you. It is a CT court decision stating AWL, as a “trade name” for Countrywide, and not a legal entity, has no legal standing to foreclose….
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 17, 2011 at 9:23 PM
@ Tim Bryant,
Yes there is the Silberstein case and also the ‘Pagano’ case. In EACH case, CountryWide attempted to foreclose in the name of the LENDER named on the Deed and Note which is “America’s Wholesale Lender – A Corporation”. There is also a Texas case that was similarly decided and even references Pagano.
In each case the courts ultimately ruled that the corporation does not exist and never did exist.
My mortgage is exactly like the ones cited in that the mortgage documents, on their face, claim that the “America’s Wholesale Lender” Corporation is a New York Corporation.
No such corporation existed in 2005 when my mortgage was originated and that is also the same year the Connecticut cases were decided on Appeal. In 2008, another group created America’s Wholesale Lender Inc in New York. This serves to prevent CW or BofA from renaming some other of their corporate menagerie as the missing AWL Corp. to try to fool people to believe that the corp did exist.
Unfortunately, people are not hearing that this false LENDER situation is an open invitation to eventually doing a ‘quiet title’ after dispatching the pretenders.
CountryWide is bluffing the situation. In some cases, they attempt to convince judges and attorneys that they can use a “D/B/A” to overcome the problem of these badly written documents. GET REAL. To use the D/B/A, it needs to be STATED ON THE DEED AND/OR NOTE.
On some newer mortgages, at least the NOTE reflects the LENDER is “CountryWide D/B/A America’s Wholesale Lender”. Notice the difference that those do not show “AWL Corp” at all.
My documents are of the earlier variety that do NOT reference any D/B/A. My documents clearly reference the never-formed AWL Corp.
It is then outrageous to realize that CW claims to have securitized my mortgage into CWABS 2005-10. To add to the false documents, they never generate the assignments that are required by the PSA.
These loans are a clear rip of both the borrowers and the investors in those CWABS certificates.
In truth, no corporate entity exists to ever give a valid satisfaction of these mortgages should they be paid off or refinanced.
As I noted earlier, CW uses the not-in-evidence D/B/A or else they bluff the usage of MERS. Another tactic is to have the servicing moved to Litton and have THEM generate the necessary FRAUDULENT foreclosure documents.
Tim Bryant
May 17, 2011 at 9:37 PM
I would say that by all these cases, BofA has no successor interest on a trade name which it does not own. You should go for quiet title.
I also sent an email to some media contacts about this scam. Wall Street is just continuous bulls**t. I really feel that Stock Exchanges should be made illegal. There is so much fraud, and dark pools, etc. The SEC is totally incapable of regulating it (even if they actually wanted to).
i can’t find the actual thread where he posted but it was a slam
at michael about his moderation.
yes, i have been taken aback at some if the language used sometimes
but i am pretty strung out, exhausted and furious at what my family has been through in court.
if mr. lvcopman or whatever his nic is thinks that he can moderate or produce a better blog, go for it.
it is easy to criticize when you are not in charge.
michael redman and lisa epstein have been a lifeline for family during this horrible debacle of fraudclosure.
they are frequently at the courthouse.
the websites of michael, matt w., denniger and lisa
have provided information that we desperately needed.
with each filing, we hope that we are helping not only our family but those who who are scouring the internet in support of their own cases.
i think that politically i may the polar opposite of some of these posters, but they have been so generous to me and have helped me hang in there, giving me support and encouragement
when i have felt so low and exhausted,
so mr. las vegas dude, start your own website. it is not an easy task.
or use your scroll bar, man. really. grow up.
Very interesting court decision. BofA claims there is no successor interest from Countrywide in regards to investors and RMBS. This would mean that anyone who had a Countrywide home loan has no more obligation. BofA just cut their own throat….http://shortsaledailynews.com/california-judge-rules-for-bank-of-america/
Anyone who has lost their home by BofA, if they originally had Countrywide, should contest a wrongful foreclosure.
Can't Lose it All
May 18, 2011 at 3:57 PM
Omg, I’m text book to everything that’s been said, And lost beyond. I started with cw which we all know is BofA now. Asked right away in 2007 how to refi was told to hold off. Then I was told I should get behind a few payments to show I needed the help. BofA is short selling my home right now. Auction maybe at the end of the month. Can’t breath having trouble knowing what to do. I have a hard time talking with people and sticking up for myself. Just lost my mom, my business,my husband now my home…Do I really have rights to keep my home? The acting realtor says I have no chance at all. I know I sound whiny. Your comments are the 1st hope I’ve had.
Who is then responsible for the Countrywide liabilities?
Tim Bryant
May 8, 2011 at 10:51 AM
That will probably be answered when Countrywide borrowers who had their houses foreclosed by BofA, go back to court challenging the foreclosures. The court obscured the lines of successor liability, so BofA would need to show that the CW securitizations were not “de facto”. That would be nearly impossible for them to do given the PSA language and the 25% investor resolutions needed to approve a merger under an RMBS.
Where the biggest question comes into play on this decision, is in respect to MERS. The membership in MERS by CW would be a “de facto” merger under the judges decision. That would mean MERS authority for the mortgages, as nominee for CW, ceased effective June 1, 2008. Since BofA is not mentioned in the mortgages, and they are no longer automatically a “successor”, neither MERS, nor BofA, nor any trustee / investor have standing as a successor in interest, unless and until THEY can prove they have standing.
BofA did homeowners a tremendous favor with this decision. The ball is in our court now. BofA needs to prove standing. Any homeowner facing (or faced) an action by BofA or MERS (if they had CW originally), should file motions to dismiss due to lack of standing, citing this case. If you thought the doc fraud was already bad, wait until BofA is creating false docs showing any type of de jeun mergers, for RMBS and MERS.
Sally
May 8, 2011 at 1:02 PM
When you refer to borrowers who had CW “originally,” would that include the loans that were sold to CW for servicing before BOA bought CW?
Now it comes down to whether that subsidiary is the entity that supposedly never transferred the loans properly. If that is the case, could the investors try to go after the only possible remaining assets in CountryWide, those improperly transferred mortgages?
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
The whole is a stack of lies. If they claim no liabilities then there is no successor to the mortgages.
MERS cannot have legal standing, no matter what, they’re a database holding only, not a financial entity.
The mortgages were then floating out there in mid air with no owners. Wow.
The noise of the fall will be loud when the mortgage fakers finally collapse under their own weight.
Tim Bryant
May 8, 2011 at 8:18 PM
MERS would be the prime example. Under the decision, there is no de facto merger created by a MERS membership. Therefore, CW’s membership with MERS would not carry over to BofA.
The decisions go to the heart of the DE laws which both CW and BofA are incorporated under. What is BofA’s successor liability for CW under the DE articles of incorporation? The more important question is, how can BofA play both sides of the field depending on what is most convenient to them at the time.
Tim Bryant
May 8, 2011 at 8:34 PM
Sorry, that should have read PLAINTIFFS lost standing
It should be clear that BOA’s liabilities are not limited to CW. BOA issued scores of RMBS themselves.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 8, 2011 at 11:21 PM
And then there are the loans written as “America’s Wholesale Lender – A Corporation”. They also claimed right in the Deed of Trust that it was a NEW YORK corporation. Well, on the dates when most of those loans were recorded, NO SUCH CORPORATION existed as yet in the state of New York. Eventually a corporation WAS formed in New York in that name. However, no connection really exists between the corporation named on those loans and the corporation that someone eventually decided to register at a later date.
Do NOT get fooled by the D/B/A status CountryWide filed in many localities claiming AWL to be it’s trade name. If your loan says CountryWide D/B/A America’s Wholesale Lender, only then is it possibly the valid usage of the D/B/A status.
If the mortgage asserts that AWL is a CORPORATION, then the D/B/A entity claimed by CountryWide is NOT the same beast.
Just like there are dangers for BofA to have claimed it is not the successor to CountryWide, so too are there dangers for a company that tries to assert that a tradename is a corporation without any such proper filings of said corporation.
Tim Bryant
May 11, 2011 at 8:34 AM
From how I read the decision, I believe AWL would also be a de facto merger, and invalid for successor liability.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 11, 2011 at 11:50 AM
@ Tim Bryant
“From how I read the decision, I believe AWL would also be a de facto merger, and invalid for successor liability.”
If you are dealing with a loan that documented the lender as the “D/B/A” of CountryWide, I agree with you.
IF the loan instead documents the lender as “AWL – the Corporation”, I disagree strongly.
A corporation that was never FORMED? This lender is a non-entity. If CountryWIde could have claimed a ‘de facto’ merger with it’s erstwhile offshoot, it would not have ended up with such cases as the ‘Pagano’ and the ‘Silverstein’ decisions against it’s usage of a TRADE NAME on these loans.
You see, years ago, when CountryWide was issuing these same mortgages in the name of this never-formed corporation, it tried to foreclose in the name of “America’s Wholesale Lender”. Since that time it uses other ruses, typically either the false usage of the ‘D/B/A” or even an assignment via MERS. They are all ruses.
Tim Bryant
May 11, 2011 at 6:54 PM
Hell no…
Your point is spot on. The decision clearly states that an entity formed after the de jeun merger would not have standing as it was not part of the merger deal. Not even being incorporated at the time would be far worse. If the loan was securitized, it would be an SEC violation for fraud in the sales and representation of securities. BTW, the SEC has already disgorged CW for this, and there is a prevention order to cease and desist.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 11, 2011 at 8:20 PM
@ Tim Bryant
If that SEC order has any teeth to it, do you realize how many of these “AWL Corp’ loans are out there and how many are being foreclosed on?
Do I search the SEC site?
BTW, I started hammering on MERS on another thread, questioning why no one has gone after MERS for allowing a CountryWIde to acquire MIN numbers for the “AWL Corp” loans.
Since AWL Corp never existed, there is not a shread of a possible way for MERS to be a nominee for a non-existent corporation.
Why not also get a ruling against MERS?
Do you have a link handy for that SEC ruling on CW?
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 12, 2011 at 8:10 PM
@ Tim Bryant,
For all those others out there with these “America’s Wholesale Lender – A Corporation” loans: The deed and the note BOTH list the corporation, AWL, as being a New York Corporation. (Absent Without Leave is such a good acronym fro these loans)
Now if you go to the NY site, don’t give up when you see that the IS a listing for “America’s Wholesale Lender Inc” shown.
Check the FULL content of that listing. It is entered as of 12/16/2008 which is AFTER most of these WILD loans.
Also, note that the information on who formed the corporation is not related to CountryWide or to Bank Amerifraud at all..
What BofA uses is the CountryWide attempt at a ‘D/B/A’ or the generation of blatantly false documents like I have thanks to Litton.
BTW, given that ‘my’ phony assignment was generated after court proceedings had begun, these documents are very intentional attempts to mislead the court and commit fraud on the court.
Even if BofA tried to acquire this other ‘AWL Inc’, it is of the wrong VINTAGE for most of the loans in question. This AWL Inc was even formed AFER the date of BofA’s take-over of CountryWIde.
IF people don’t LOOK to hard, ALL of the fraud just flies by.
I have a “Countrywide” loan – (serviced by BofA), but it’s actually AWL.
On the 2nd page of my Deed of Trust (dated 07/26/06) it reads:
(C) “Lender” is:
AMERICA’S WHOLESALE LENDER
Lender is a CORPORATION
organized and existing under the laws of NEW YORK
Lender’s address is:
4500 Park Granada MSN# SVB-314, Calabasas, CA 91302-1613
An attorney has already told me this “Lender” is not really a corporation.
The only place on my Deed of Trust where the name Countrywide appears is on the first page above the “recording data” line (it reads):
After Recording Return To:
Countrywide Home Loans, Inc.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 9, 2011 at 8:32 PM
Yes, TC, welcome to the ‘AWL’ club.
It is a club that could have a LOT of members if people were to wise up. We don’t even have to worry about CW/BofA doing a late creation of the AWL corp in NY. Someone else already did that.
My own ‘AWL’ is from the prior year but thanks to BofA resisting the CW mod (an ‘AG mod’), my servicing was moved to Litton.
Litton created an assignment 5 years too late. It is quite a creation in terms of impossibilities. Since WHEN can MERS assign both the deed and the NOTE? This impossible assignment document is very fitting since the lender never existed,
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 9, 2011 at 8:38 PM
Also, TC. I would recommend you always refer to that as an ‘AWL’ loan.
You do not want an attorney working for you to refer to it as a CW loan in dealings with the court. Unfortunately, there have been attorneys who blundered in court.
CountryWide was only your previous SERVICER, never your LENDER.
Tim Bryant
May 11, 2011 at 8:10 PM
Here is an interesting case naming AWL, CW, BofA, etc. It is pretty vivid in it;s descriptions of these companies. May be one to watch…
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 11, 2011 at 9:30 PM
@ Tim Bryant,
While that case you cite is of interest, I did not find any mention of “AWL Corp” or “America’s Wholesale Lender” anywhere in it. Was there possibly a separate ‘AWL’ suit?
I would think that the other attack mentioned earlier here regarding AWL not being formed as the claimed corporation as a far easier attack on AWL loans.
Tim Bryant
May 11, 2011 at 9:34 PM
Anyone who wants to look up SEC info on a person or company, here is the link…
You will like this one. Read the first notice carefully, and see how AWL, now defunct, appointed a substitute trustee to a loan in which they are not any part of the RMBS…The 2nd link is the actual PSA.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 12, 2011 at 2:50 PM
@ Tim Bryant
Since “America’s Wholesale Lender” is listed as a corporation yet the one that REALLY exists by that name is unrelated, will BofA try to avoid reporting the funds from that sale on its books?
How can they handle this without an IRS problem themselves, or possibly on the part of the company that was formed in NY in 2008?
I know this is hardly a blip on their corporate balance sheets but I’m still wondering how they can take in money in the name of a TRADE NAME?
Tim Bryant
May 12, 2011 at 7:20 PM
Hell no,
Does AWL list anywhere the state they claim to be incorporated. This info could be looked up on that Secretary of State’s site. If they are not actually incorporated, or were not at the time, they have no authority to operate as a business. This could create an estoppel by operation of law.
thanks Tim Bryant-I have not lost to CountryFried yet….Your post is very uplifting for me.
My lis pendens was served Jan. 2009-Marshall Watson Firm-my county court Judge has been changed
three times. 2009 One of the Judges retired early-was quoted in the local news as saying he was “tired of
South Florida Lawyers, smoking Cubaleros (spelling?)-not even responding to his court with Phone In priviledges”. Judge John Doyle.
Aug 2010- My Pro Bono-God Bless him- Attorney filed a Motion for IN CAMERA INSPECTION OF DOCUMENTS NOTATED TRADE SECRET-these so called “Trade Secrets” were used on most of their answers to “Discovery Motion”. The new Judge sent them a Lack of Prosecution Notice to even get their
response-they filed/faxed- non-answers-the very last hour of the deadline !
June 2010 My Attorney said Watsons Office- “answered/responded” to this Discovery (13 questions) with NON ANSWERS which are totally unacceptable-not even a mortgage balance !
Aug 2010 my Attorney had to file a NOTICE OF ADDRESS-watsons Office was sending his mail to the wrong address-which is on file with the court.
So here I sit here hoping the Sheriff will not come or come home to find changed locks.
Thanks for any info on Countryfried/BOA/MERS-Mortgages & Note-which are BIFURCATED. I did not sign the NOTE-I did sign the Mortgage-Homestead Tax Exempt for ten years.
Tim Bryant
May 11, 2011 at 8:40 AM
In light of the recent CA decision, you should contact your attorney again, and have BofA provide documents showing that they have successor interest on your mortgage. If they do not prove this, go to court for quiet title. MERS definitely has no successor interest to CW. I do not believe that BofA could prove successor interest in a mortgage from CW assigned to MERS as nominee, as MERS claims to hold the legal title as mortgagee. If BofA has no successor interest, you are no longer liable to anyone, as MERS, is bankruptcy remote and cannot hold any assets on their own.
enough already of this b-ll sh-t
May 11, 2011 at 1:04 PM
@tim bryant I have no assignment of mortgage recored in my county yet wells fargo has called them selves my sevicer since i started this in 2009. can you explain this. on a post someone told no AOM because wells fargo prob has the original, but since they are the servicer there is needs to be an assignment giving the right of my note back to them am i correct?
Tim Bryant
May 11, 2011 at 8:14 PM
enough already…
Who is the original lender and/or servicer?
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
Does anyone know if the “MERS” corporate stamp is actually optional?
I have seen some documents where the wording indicated the document was not valid unless it had that corporated stamp. At the same time, I have seen other documents, also generated by Litton employees, that had no stamp and no reference to any such cheap stamp. (It costs all of $25 to buy it from MERS. I guess Litton either wore theirs out or did not buy enough of them.
There is another area of law to look at with respect to MERS…..labor law. There are numerous “joint employment”, “employee misclassification”, and “underground economy” laws. MERS members are signing as MERS employees. Nowhere on the docs do they state they are employees of their real employers, with membership by MERSCORP, Inc. They are claiming to hold actual employee positions, which they cannot hold for both companies. Not only would it be a conflict of interest, it would be joint employment, which would hold MERSCORP, Inc regulatory responsible for the same employee (i.e. employment taxes, etc.)
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 5, 2011 at 7:22 PM
I commented about this issue of ‘dual employment’ in an additional light on another site over a year ago: frequently the person is claiming to be an employee of a bank or other regulated institution. These regulated companies can have requirements that any ‘dual employee’ has to have specific approval from the board of directors.Even Judges have not initially realized the document signers were neither an employ of MERS nor an employee of the company which MERS was supposedly allowing the person to sign for as a ‘nominee’.
I never saw anyone take an interest in that argument either. Not only do these people not typically even have the credentials they need from MERS, the banks that they are signing for have never recognized these people as their employees, much less a ‘dual employment’ situation.
Even for state-regulated banks, there are likely similar rules, especially when the employee is signing such supposedly important documents.
So, I would actually say these signers need to be truly recognized as employees of ALL the institutions they are signing on behalf of. I don’t think the boards of all these banks can have this many multi-hate-wearing employees. I think the norm is to have just a person shared with one other company, not the multi-headed beast that MERS employees seemingly are.
Tim Bryant
May 6, 2011 at 10:12 AM
I submitted a complaint to the Massachusetts Task Force for the Underground Economy and Employee Misclassification. This Task Force was created under Governor Deval Patrick by Executive Order 499. I will let you know if anything transpires.
Is MERS planning to outsource their storage of database to another nation? The database is located in the
D/FW area….is this to be moved out of country? B0A has some of their banking call centers now located out of country, are more banks planning on doing the same? If they move their data out of country, how will investigations involving search warrants gong to work?
Did you ever try to get your computer repaired talking with an agent in another country? They don’t know what you are saying and you sure don’t under stand what they are saying? That is probably the reason they are going to out source.
Great point! Exactly what’s been going through my head. Isn’t outsourcing supposed to be about efficiency? Prob applies more to what Marilyn is saying about call centers. Isn’t all this tech supposed to remove the human labor factor? Guess they’re planning to fake more docs or another toxic loan boom.
Katheryn
May 4, 2011 at 6:34 PM
I’m not sure about the efficiency, but what I do know is, it is about MONEY like everything else. Companies that outsource jobs to other countries that are highly profitable companies still don’t want to pay US wages when they can pay a person in a third world country $50 a month. Just like the destruction banking and fraudstreet caused, unemployment keeps rising due to the outsourcing. Companies that do this do not care about this country or the folks who live here. In addition you have machine technology replacing the need for humans. This is all while inflation is rising. The country needs a total readjustment!
HammerTime
May 5, 2011 at 6:17 PM
Like I said SUPPOSED to be…it’s how they’ve sold every politician and avg Joe that everything will trickle down and it’s good for us. Beyond blatant corporate welfare types. Efficient in terms of numbers, quality not so much. And added bonus no whistle blowers!
I am looking to see if anyone has any docs with signatures of a Linda Hall. I am researching a possible forged Warranty Deed and HUD-1 settlement statement. Any help would be appreciated…..thanx
That is a crock, of finding a path of least resistance instead of going after these entities for criminal action.
A mere slap on the wrist that allows them to set up new scams to take the rubes. They need to have the fear of God and death put into them. It needs to be put in such terms they’ll never contemplate going down that
path ever again.
In the old days, this used to be called obstruction of justice and witness tampering. Nowadays it is just “technical issues” with “negotiations”.
Another clear showing that justice is no longer blind. Her scales have been shifted by the weight of campaign contributions being received by the attorney generals.
I think justice is only going to come at the hands of the people……a sad state of affairs!!
What is this? A new game in town?
Friends bought a house last November, using a VA loan. They have been approached by a broker with Ameribank offering to refinance them with no origination fee, or other closing costs with the mortgage interest
at 3%. The broker is coming to their house to persuade them to the refinance. There are flags, but I am not
able to ascertain as I am not familiar with Ameribank.. I have been scanning excerpts where branches have
been closed down to over extending on loans. Is this just a new layer to the same old mortgage scam?
She’s wanting to know what kinds of questions to ask, so she’ll not be blindsided later on by some thing popping
up as a problem.
Alot of people can be fooled by alot of things. And here is another believe it or not.
The Paramount law for stopping Foreclosures is written in our Constitution.
Art 1. Para 10 Cl 1 – …no state shall coin money, nor emit bills of credit…
So, when you signed your mortgage if the bank that wrote the check to you based it on their
5% or 10 % reserve rule – the rest being the bans credit, THAT MORTGAGE CONTRACT
IS ULTRA VIRES – ILLEGAL.
There is not a bank charter that allows a bank to lend its credit. A bank can only lends its money.
This truth is a very unpopular issue with the banks, with many judges, with the regulators, with wall street and all those maing alot of money from this scam.
It is us, we the people who are going to lose from this massive ponzi fraud, IF WE LET THEM.
Has anyone heard of or dealt with a “Susan Smothers” from Cal Western Reconveyance? Does anyone know if she really exists or has been accused of forging documents?
Still seems very odd given the fact she signed my documents in May of 2008 as “Assistant Secretary” and then signed your docs in November of 2008 as “Assistant Vice President” (at least that what I think AVP means). How do you go from Assistant Secretary to Assistant VP in 6 months?
Thanks for posting. Good to compare. Mine shows blank or AUTHORIZED SIGNATURE instead of signature which can help my case. May help yours in overall inconsistency or maybe focus on assignment?
Alan
May 13, 2011 at 6:41 PM
Please let me know if you find anything out of the ordinary with her or Cal Western. I would appreciate it.
There are different ways in which we can bring about free market reform and really solve the mortgage problems that many of our citizens are battling.
1) Fight the fraudulent filings in Court .
2) Take collective action to shut down the wrongdoers on Wall Street. Only the wrongdoers mind you.
Please take a look at this url: http://www.youtube.com/watch?v=RvlvejSxBVQ&feature=player_embedded
While the steps may seem extreme, when no one else is willing straighten the house, we the people have to speak out loud and clear about rightsizing the “players” on Wall Street, and remove the nexus between them and our elected officials.
please let us know we all want to be involved. wells fargo must be vrought down to. i am under so much diress right now. the lies going on for 3 yrs already. i have had enough!!!
Check the market ticker for his latest on the Arizona bill that disappeared and who is actually responsible for
this bill disappearing. http://market-ticker.org/akcs-www?post=185027
So there’s two scenarios on how hundreds of millions/billions are being made off of home mortgages.
Being used to defraud the home owner and the investors
Or bundled, split to be sold again as derivatives shorted (bet/insurance) that the majority of mortgages
would fail.
Then all they needed then was the right bait to lure the rubes in to bite and get taken to the cleaners.
hey DOC+- thank you for telling it like it is . so where is our president why does he allow this to keep goingg on. if this is fraud. fraud upon us we need to find away to stop this before we all lose our houses. wells fargo is trying so desparatly to get me out of my house. they are lieing to the OCC, lieing to me. losing my paper work. its enough i have had enough. please what can we do to stop this.
Hydesdocs
April 29, 2011 at 3:16 PM
I’m no lawyer, but if the bank is already getting aggressive with you, write them a letter asking who owns
your note? Also you need to lawyer up. If they don’t have/own you note, who does? The consequences of this wide spreading with a chance of your home ending up without a clear title ever.
Plus remember you are not alone, there are millions out there just like you.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 5, 2011 at 7:30 PM
OUR president? OURS? He is bought and paid for by Wall St and the banks.
He wants the ‘dead-beats’ to move on so they can ‘clear the backlog’ of foreclosures. Selling these homes with their clouded titles is supposed to improve the economy.
If that is supposed to work, they need to speed things up: latest figures for unemployment are just in and they are BAD.
I’m in eminent default on my Tampa, FL home. I have not been served foreclosure papers, yet, but I expect it’s forthcoming. I appliend with BOA for a HAMP home modification in Aug 2010. I sent them a RMA, hardship letter, P&L from my startup business. On Jan13, 2011, I received a letter from BOA stating they needed a 4506-T & Utility Bill from me. The letter dated Jan 13, 2011, needed the info from me by Jan 6, 2011 or the file would be closed. Why this was post dated is unknown to me. I sent the info needed to them via certified mail. On March 4, 2011, I received a phone call from a BOA customer service rep. She stated they needed a copy of my RMA, P&L and hardship letter to qualify me for HAMP. She stated they needed this by Saturday, March 5, 2011 in order to process. I got her email address in order to try and comply with request. I emailed the BOA rep and got no response. I called and got no answer. I emailed again and got a message the email was no longer valid. What happened to my P&L, RMA, hardship letter previously sent to BOA? I received another letter from BOA on March 10, 2011 stating I was no eligible for HAMP because I “did not provide BOA with documents requested”. I contacted BOA about my HAMP request and another CS rep stated my file was closed and she would not speak to me on HAMP. She did suggest a Short Sale option, Deed in Lieu or Foreclosure. Why is my bank treating me like this? I followed directions, tried to keep communications. It’s like doing business with Mafia. Anyway, I found a gentleman that has developed an analysis of the financial impact to the mortgage company/investors of the alternatives to foreclosure compared with the cost of foreclosing on your property. It’s called a R.E.S.T report (Real Estate Services & Technology). A Rest Report is a “game changer”, when it comes to obtaining a loan modification, as you come armed with the same documentation that the mortgage company and U.S. Treasury Department will examine to determine your rights to a mortgage modification. The REST report has helped give me knowledge & understanding to speak with the bank, keeps me from getting transferred from dept to dept and has lowered my stress by giving me options and determin a plan of action as regards to my home. This guy is passionate about helping home owners and WILL NOT let the “banksters” overlook the irrefutable facts that may support a HAMP modification. His name is James Aitken @ (813) 333.6530. He well worth a call to give ALL homeowners needing help with their home loans. By the way, I’m still fighting with BOA but I have a clear understanding of how I’m going to handle my home loan. Thanks, Rodney W. Adams
hi rodney i have had the same treatment from wells fargo bank. have you ever watched the movie the inside job? all our loans have whats called derivitives, or aka insurance on us failing. 30 yrs was t olong to wait. if our loans fail the inveators get millions of dollars. the run around is on purpose. to make you move out. once it is determine oyu have moved out. the wolves move in . it is an uncontested foreclosure. BAM!! moola and losts it. if we stay the course and hire an attourney and defend they have to spend money to they dont liek that. and if oyu have fraud like we do eeven better. i also have been through the ringer with wells fargo. in dec 2010 the loan proccessor working on my file had her computer password hacked and they moved my file. then they took her off my case. then feb/20011 they wanted my financials again. i sent it fed ex have the tracking # and signee. they lost it and also denied a hamp loan for failure to submit the papers ork. i complained to OCC. wells fargo lied to them to. then to make matters imcredibly owrse wells fargo puts the loan proccessors whose computer was hacked back on my case. man this is an incredible story except he name shave not been changed to protect the innicent. keep plugging join foreclosure hamlet.com still in my house and i have an attourney now. good luck
During the 1980’s S & L Scandals William P Foley Ceo of Fidelity National Title, former Chair of LPS DOCX,
FIS etc. was associated with a S & L, does anyone know which one?
William P Foley is at the helm of all the racketeering going on and at the heart of 95% of all the fraudulent foreclosures.in this country..
CLASS ACTION on forced placed insurance!!! BOA and several other banks for Balboa Insurance can even be back as far as 2006 Go look at http://www.consumerclasslaw.com
Has info to contact them on website. They are getting ready now to file so you can still join the class action.
Thanks Mrs Doutfire I looked at the Class Action but I have a different issue with William P Foley. My issue was not that I bought Title insurance from Fidelity. (although I did buy it from Chicago Title before they became part of Fidelity Title
I have come along in the process of getting my two properties back.
Astoria Federal S & L sold my two condos without ever owning them and when the new attorneys from Astoria looked at the facts and the dates they knew that Forged Deeds meant that the title companies that knowing insured the forged deeds had to indemnify their clients.
The Title companies did not want to Indemnify but wanted to be iNTERVENORS INSTEAD AND BE HEARD; and what they told the court was Time makes Forged deeds good.
Fidelity and Coronet attorneys told Judge Alice Schlesinger ” we have equity” and the only equity they
were speaking of was money under the table for Judge Schlesinger of New York Supreme Court and she ruled against a famous US Supreme Court case Elliot v. Piersol.
It was then I wrote a simple letter to William P Foley CEO of Fidelity National Title.
“what went wrong that your NY attorney Thomas Malone finds himself fighting for a Forged Deed?”
I(I will have to wait to go to the library to post the rest cause again I have a hacker on my computer”
.”Mrs. Doutfire (cont. my unfinsihed post)
Fidelity’s answer to me “…it is proper…” made me know I was dealing with a racketeering company.
title companys have the obligation to discover and divulge before issuing title insurance.
When true owners get their properties back they will have a second fight against the title companies that insured the bad titles for the people in the properties.
It doesn’t how much they Paid someone, if they did buy it from the true owner they have nothing.
In my case the title attorneys knew they were insuring forged deeds but never counted on me getting on my feet again and what they didnn’t know is what a fighter I am.
HammerTime
April 29, 2011 at 4:26 PM
Greta info! This is where we need to connect the dots. Where was the due diligence?
When I think of Brian Moynihan or Barabra Desoer, I think of the song by John Lennon called Piggies:
So if it walks like a piggy, talks like a piggy, by golly it’s a PIGGY!
.
WHERE IS MY LOAN MODIFICATION BANK OF DESTROYING AMERICA!
.
BofA and it’s CEO Brian Moynihan reminds me of that song by John Lennon and George Harrison titled “Piggies” I invite you to listen to this song on youtube and see if it appropriately fits.
. http://www.youtube.com/watch?v=ovD9rTzs2q4&feature=player_embedded
.
Have you seen the little piggies
Crawling in the dirt
And for all the little piggies
Life is getting worse
Always having dirt to play around in.
.
Have you seen the bigger piggies
In their starched white shirts
You will find the bigger piggies
Stirring up the dirt
Always have clean shirts to play around in.
.
In their ties with all their backing
They don’t care what goes on around
In their eyes there’s something lacking
What they need’s a damn good whacking.
.
Everywhere there’s lots of piggies
Living piggy lives
You can see them out for dinner
With their piggy wives
Clutching forks and knives to eat their bacon.
.
When I filed my lawsuit against Bank of America, I thought of the many others out there in the same situation. It was then that we decided to educate the public on what these piggy banks are doing, as well as unite us all together as one voice. Please help me turn this David vs. Goliath modification process, into a Goliath vs. Goliath.
.
Please stand with me and Brookstone Law Firm, and send an email to Bank of Abusing America that states that we will no longer tolerate their potentially illegal, fraudulent, irregular and abusive business methods.
.
So please send your email directly to Bank of America and include the following:
.
1. Your name
2. Your complaint concerning your experience with Bank of America.
3. Please end your email “I support John Wright vs. BofA Lawsuit!”
4. Please send a copy of your email to piggybankblog@earthlink.net
5. Please send your email to BofA CEO Brian Moynihan: brian.t.moynihan@bankofamerica.com
.
I HAVE HAD ENOUGH AND I AM FIGHTING BACK!
.
I have created piggybankblog.com for all of those who have been abused by Bank of Destroying Americas potentially irregular, fraudulent and simply abusive home loan modification process.
.
Divided we might have fell America. UNITED WE MUST STAND!
. http://www.youtube.com/watch?v=PoOJMr7OJ0s
.
My name is John Wright AND I AM FIGHTING BACK!
.
John Wright
piggybankblog.com
Lucy,
Great reporting. I am originally from Hawaii, with most of my family still there. It still amazes me to hear the kind of things I hear going on there. Are there any attorneys there who are able to help the homeowners? People, you must contest EVERYTHING. No note, speak up. No originals, speak up. FIGHT EVERYTHING. Conceed nothing.
We have been fighting the fight here in Maryland, and actually getting somewhere. Robo signers, forged ‘orignal’ notes, un-dated, blank, assignments (allonges).
I believe the tide is turning, albeit slowly.
Good luck to all, and if anyone knows of good legal representation in Hawaii, please post contact information.
Aloha.
I am the editor of the Honolulu Weekly and just did a cover story on the Foreclosure Fraud in Hawaii by Bank of America. Go to honoluluweekly.com to read cover story. (4/20/11). I would appreciate any feedback and might be able to use it as a letter to the editor. Aloha! Lucy Jokiel
Very thorough article Lucy!
The Census Bureau reports that 11 percent of all U.S. residences are now empty, that’s an astounding 18.4 million homes, and projections show millions more in the foreclosure pipeline between now and Dec. 2012. This huge inventory of unsold properties will take years to unload while the tsunami of empty units steadily drives down the value of all homes, pushes more borrowers underwater, keeps homebuilders hamstrung, and qualified buyers waiting until values “hit bottom.”
The only answer is to force lenders to modify upside-down mortgages back to current market values — allowing homeowners to remain in their homes making payments they can afford while rebuilding their equity. This will slow the overwhelming onslaught of foreclosures, reduce the flood of empty homes onto the market, keep neighborhoods from deteriorating any further, and offer some hope that real estate will one day recover. Without this approach the downward death spiral will continue and the nation will not see an economic turnaround in the foreseeable future.
@jstick (and the rest of the forum): You said in your post of April 22, “The only answer is to force lenders to modify upside-down mortgages back to current market values — allowing homeowners to remain in their homes making payments they can afford while rebuilding their equity.”
Modifying mortgages is not the answer. Today’s (and tomorrow’s) global financial crash is the planned result of the ongoing criminal conspiracy of the banksters. Would you ask Al Capone to give you a better deal on your extortion payments? The answer is to expose the criminal banksters and all the co-conspirators they have bought, put them in jail, confiscate the wealth they stole, and find a way to equitably redistribute this wealth to the victims—which includes every American who’s not in their “club.” A big job, but we must make it happen or we will all die as their slaves.
Yes, a nice article indeed. As someone else pointed out, the profits predicated on higher interest rate payments led to the artificial inflation of home prices everywhere. Add to this the unemployment caused (again) by the actions of the financial industry over the last decade and you have the unfortunate situation faced by many of the good residents of Hawaii. All of us have to join hands in this fight to restore balance in the various sectors of our society. You should urge those residents who have been subject to fraudulent foreclosure practices to engage an attorney and get their foreclosure filings dismissed. At least that is what we have done in Ohio. Keep up the good work.
BofA is attempting to blur the statistics by having the foreclosures occur in the name of the servicer. While some part of what is now BofA was the original lender, the servicing that BofA or CountryWide originally retained can be moved off to some low-life, hell-bent on foreclosure ‘servicer’ cum-debt collector such as Litton Loan Servicing. This also seems to keep these foreclosure actions from getting the attention garnered by foreclosures done in the name of BofA.
Litton uses MERS to replace the original Trustee with some place such as ‘Quality Loan Servicing’ and then Litton (agan using MERS) will concoct the assignment of the Deed of Trust, even after the replacement Trustee files the NOD.
Litton uses MERS to do that Substitution of Trustee, even where the Deed of Trust very specifically states that ONLY the LENDER may replace the Trustee. Where the named LENDER on the DOT no longer exists, Litton forges ahead with these fraudulent documents.
That DOT also fails to specify WHAT the NOMINEE role conferred on MERS by the LENDER is to have MERS perform.Also, the NOMINEE role is legally SUPPOSED to end when the LENDER ceases to exist.
Cases have already been settled on the restrictions on what MERS can do. Even in CA, certain judges have ruled MERS can’t assign. PERIOD.
Now to see that the DOT did not allow MERS to substitute the trustee, yet this replacement Trustee is the one filing the NOD, raises the question: Should the attorneys start suing under the FDCPA claiming that the NOT is an illegal act reflecting on the borrower’s credit when there was no just cause for this entity to make the assertion?
Is there anyone that would like to meet in or near Columbus Ohio for a happy hour get together? I’ve met a few folks whose homes are in the foreclosure pipeline but are too confused or afraid to fight back. Collectively we do a better job of fighting these rouge banks who are out to #%*^@ the average citizen.
OMG Anyone watching CNBC, Erin Burnett…Squak on the Street. She has an executive of Deutsche Bank and a politician on. I did not catch names, however, in the five minutes of viewing this is what I caught.
The solution to the housing glut is to bulldoze all foreclosed houses down. According to Burnett..by the time these houses get re-sold, potential buyers will not like the paint colors, appliances, lighting fixtures, etc., in these outdated or not kept up properties. It would be more cost efficient to let builders come in a build new homes for potential buyers who can actually afford to buy. It will make these buyers “feel” better to be getting brand new up-dated homes. The dufus from Deutsche bank was grinning from ear to ear saying she was exactly correct and the only solution to the falling home prices is to clear them out and start over. He said they have been pushing this idea but the gov does not want to put the cost of this project on the taxpayers. So the politician chimed in with his 2cents and said that the owner of record that was foreclosed upon should bear the cost of the house being buldozed down. That is the only fair way. The boob from Deutsche said they agree, however, what if you can’t get the money from them? The politician boob said the gov. could handle that. I really could not believe what I was hearing and at first stopped to listen as I was cleaning my house thinking that they were not serious….however, they were very serious. So be on the look-out at this new proposed solution to the housing crisis. It was hard to listen to this Erin, airhead. She is the news commentator and all she could talk about with any intelligence…was buldozing houses down because of the outdated decor. I guess being a tv commentator beats the salary of an interior decorator!
“Curiouser and curiouser” said Alice! And, is this beginning to sound like wonderland?
After dozing the unattractive, will we then move on to dozing the antiquated? Great times in court with the histerical preservation pitted against the dozer army.
Katheryn
April 20, 2011 at 5:45 PM
Maybe I’m the one who needs the pills cause if it is not wonderland then it’s gotta be the Twlight Zone. I can’t believe not one word out of any of the three bozos mouths to do with the displaced men, women and children or anything. Just build pretty new houses for the pretty new buyers and lets just push this dust under the rug and get on with our lives. I can’t believe anyone could be that stupid to broadcast that even if they believed it.
@ TIM THANK YOU GREAT LETTRE.
need some info when i did an in house mod with wells fargo, i went to my local wachovia branch. the notary there signed with me. i heard an employ of the entity giving you the loan can ot notarize. so it was fraud conflict of intrest
The notary although hired by the bank and as an employee is non the less a commissioned public officer of the state usually prohibited from double dipping or getting paid twice and required to have a bond in the performance of the duty to be a witness to signatures and that the person has personal knowledge of the text that their signature is undersigned or if being duly sworn the notary is authorized to administer oaths subject to the penalties for perjury when someone is actually being duly sworn such as when taking the stand and nothing in the essential elements is neglected in duly swearing someone under oath.
If the notary charged you anything for this in house service convenience then that might be illegal, but witnessing anyones signature is not a conflict of interest as all the notary is doing is confirming that the person that is signing is the person by looking at a state issued photo id when not personally known to the notary to be who they say they are when signing.
The notary is first and foremost a public official of the state.
Has anyone looked at the issue of MI? Most borrowers are made to pay for insurance for which they have no access to the policy. Who is the beneficiary on your MI? A mortgage insurance must be the same as any other insurance. It must have a purchaser (me) and a beneficiary. (the lender?) Who is the beneficiary of your mortgage insurance? The lender>? The servicer? the loan shark on the corner? If I pay for it am I not entitled to the copy of the policy? If I’m about to buy a horse am I not entitled to look at its teeth?
It certainly begs the question: Who is the real master the Finance Industry or the citizen?
Repost of my comments posted on The Columbus Dispatch:
When a Bank (broker/originator/servicer/trustee/investor/whoever) offers a product where excessive profits are collected up front, leaving the citizen who signed on the dotted line to spend a lifetime paying off those collected profits, that is very clever.
When the same folks decide to string out a homeowner collecting payments for 12-13 months on a 3-month trial modification and then foreclose on him, now that is diabolically brilliant.
To clear up any misunderstanding, the servicers (not the investors) actually make money on a foreclosure.
As an aside, Bethany McLean was on the Dylan Ratigan show pointing out that [paraphrased]….”the people [main street] did not simply buy these sub-prime loans, they were SOLD these products…and there is a significant difference….”. McClean who earlier wrote “The smartest guys in the room” has a new book out called “All the Devils are here”.
The only incentive for the Mortgage Brokers, who have no money of their own, was to do the bidding of the Banks and then collect their hefty commissions up front. I know a person who did not qualify for a sub-prime loan but was told by the broker that he would get them into a no-doc loan, AND he would help them refinance in 3 years when the rates reset. This broker has since lost his license in the State of Ohio. As far as affordable mortgages, for years on end people lived their lives with regular loans. Today loans are unaffordable because 1) prices of most items are inflated as a result of the housing bubble (deflation is already underway in the housing market), 2) society got used to living their whole lives on easily available credit (you are right about the sloppy consumer).
The Banks still believe they do not have to work with anyone. That is why consumers have decided to stop being naive and are taking matters into their own hands – by deciding who gets to play (or not play) with their money (taxes and savings). It is strange that the finance industry which is supposed to play a facilitator role in our capitalistic system has grown to take in 35% of all business profits (http://www.businessinsider.com/too-big-to-fai… ). This could explain why more kids these days are opting out of engineering careers and looking to go to Wall Street. These imbalances are really at the root of the problem, everything else is a symptom.
Tim Bryant
April 23, 2011 at 10:54 PM
Here is a good online book that explains the interactions between all parties to the subprime loan mess. It also gives you hints as to the leverage borrowers can exert on some of the parties…
while searching through the SEC filings for my mortgage, national city closing date august 2008, I found this in the prospectus section?
anyone else trying to find their mortgage in these filings? Any tips would be greatly appreciated..
Modifications
The Servicer may modify the terms of a Mortgage Loan if such modification is
consistent with the servicing procedures that (i) the Servicer customarily
employs and exercises in servicing and administering mortgage loans for its own
account and (ii) are in accordance with accepted mortgage servicing practices of
prudent lending institutions servicing mortgage loans of the same type as the
Mortgage Loans in the jurisdictions in which the related Mortgaged Properties
are located. However, the Servicer is not permitted to modify any Mortgage Loan
if such modification would:
o forgive principal owing under such Mortgage Loan or permanently reduce
the interest rate on such Mortgage Loan;
o affect the amount or timing of any related payment of principal,
interest or other amount payable thereunder;
o in the Servicer’s judgment, materially impair the security for such
Mortgage Loan or reduce the likelihood of timely payment of amounts due
thereon; or
o otherwise constitute a “significant modification” within the meaning of
Treasury Regulations Section 1.860G-2(b);
Tim Bryant
April 14, 2011 at 7:48 AM
Check this statement against your mortgage docs. Your mortgage is a contract, and it cannot be changed unilaterally. This would be a defense for breach of contract. It is also a tort for interference with contract.
If the wording is the same as you mortgage, no harm, no foul.
enough already of this b-ll sh-t
April 17, 2011 at 4:05 PM
well if all our PSA”S say this they are all illegal thank you we shall see told my lawyer we need to get a hold of my PSA cnat wait, bet they were not aloud to modify me and stole the maoney i gave them. they said it went into a separate account ???????? and all the lost paper work was a front to scare me out of my house hmmmmmmmmmmmm i get it
Tim Bryant
April 19, 2011 at 10:41 PM
Here is a formal letter that I have submitted to the SEC. You may do the same….
U.S. Securities and Exchange Commission
Office of the Secretary
100 F Street, NE
Washington, DC 20549-1090
April 8, 2011
Tim A. Bryant
XX XXXXXXXX XXXXX
XXXXXXX XXXXX, XX XXXXX-XXXX
(XXX) XXX-XXXX
Dear Sir or Ma’am;
In accordance with Section 36(a) of the Securities Exchange Act, I am requesting a public, formal, written exemption for myself and others similarly situated, from Section 29 of the Securities Exchange Act. Any mortgage backed security sold as a true sale, where Mortgage Electronic Registration Systems, Inc. (“MERS”) is the Mortgagee of Record, cannot by contract with the borrower, ever be perfected. MERS maintains inoculation against subsequent assignments. As such, they maintain the mortgage documents, which are required by the PSAs to be endorsed through each party, to the purchaser(s). This can never be satisfied, for if MERS did endorse up to the purchaser while maintaining the Mortgagee status on record, it is a breach of the instrument, and a violation of of state public land recording law.
In addition, many of the PSAs have clauses written into them, specifically prohibiting public recording, and retaining MERS as Mortgagee. A sale on these securities is invalid, as the note and security instrument cannot be bifurcated, thus making the debt unsecured. The investors/trustee in effect, hold the note with no proper chain of title to enforce it. Here in Massachusetts, all transactions are required to be recorded in the public land records. This recording, more often than not, never occurs. These REMICs claim to hold title to assets, but avoid at all cost, any documentation of such, either with the borrowers or the County Recorders.
Lastly, no seller of a mortgage has any legal or constitutional right to do so through a securitization. As a seller, they assume the debt obligation as the guarantor in the PSA. There is no privity of contract, EVER, between the securitization purchasers, and the original borrowers. The borrowers contracts are under the laws of the state the property is located. The securitization is under the laws of the state of the securitization. The PSA also is in fiduciary conflict with the lenders obligations under the original note and security instrument. The PSA dictates that the lender, now a servicer under the PSA, only has the servicing authority granted under the terms of the PSA. This too, nullifies the original terms and conditions of the note and security instrument between borrower and lender.
In effect, securitization nullifies the original debt obligation. As such, only the seller should be obligated under a contract through an MBS.
I am formally requesting that the SEC exempt borrowers from any obligations resulting from Mortgage Backed Securitizations. They have no privity of contract, have no contractual obligations under the Securities Exchange Act, are not legally bound in any manner to the rules of the Securities and Exchange Commission, and receive no proceeds of from any sale of their debt obligation which is secured by the collateral held by the borrower.
This issue has gone on long enough. The SEC’s silence in this matter is deafening. Now is the time to address the situation head on.
I was sent to the quiet corner by the board a few (many) months ago. I was over exuberant for the tidal shift here… I guess you might say I saw it early….responded with a bit too much fervor.. and was rightfully told to chill out. Story of my life… more on that later. Okay…..enough with the intros… I just read Mr. Bryant’s post and was motivated to walk the cold path to the shed….boot er up…. and chime (back) in. Nothing like putting yourself in a 6 mo timeout, eh. (or 20 yr timeout for that matter). some may get the joke.
So listen. I got raped and pillaged by FretLife / doing-thievery-as First Horizon (get it…first horizon of the NWO)….. well anyway… I was robosigned…kicked….promised a loan mod….got one….signed/notarized/returned (with thank you card – I was raised well) only to find…
Let’s just say the title of my soon to be released book about the perils of Texas Mortgage Companies is…..ready for this………………….
Fur Closure
with the little ‘um lot’ thing over the u for special emphasis.
I shall save my barking for the appropriate tree but seriously I lost $300,000 NPV of my equity (for which I invested my roth 401k 30 yrs early to save the house from a previous owner and Boise city ‘oversight’….I couldn’t write this comedy of abuses so I will write it (make sense). It REALLY happened. So if you see this and know anyone who can track down Tony Francis (former VP First Horizon) and/or Donna Black and/or Mike Fisher V.P FretLife …. please hit me up at trevor.hitchin@gmail.com or reply all for appropriate visibility.
The gist of it is that our City’s Mayor’s brother (Federal Judge) was not even at the Federal Summary Hearing, he dialed in….I said, ‘Your Honor, I would like it known that I have evidence of perjury, collusion, and false signatures to present to the Courts….’ again.. he dialed in and would not take the evidence. I asked for a continuance….he said no…….. I will now write my book….. oh and while your eyes are here…
I told American Home Mortgage (holders of my current mortgage and also industry abusers) to produce the note and well they sent the original docs and well, knowing what I know now (thank you / blessings Mr. Tim) I feel like I won the lottery.. .it is a M.E.R.S. situation on my current home. I mean if they sold my loan and got paid (sercuritization) shouldn’t I be mailing most of my mortgage payment to a municipality in Sweden or a Retired Union Workers Pension Fund in Portugal? I have no problem paying my debtors, I just have a conscience. . . who are my debtors this week? And well, why should AHM get paid 2X, 3X for basically what amounts to as double and triple dipping…..
Imagine the chaos at Albertsons (or fill in your neighborhood grocer) if you just bought a juicy Tbone (you went large) and then once you left the store, you went back in to the butcher counter and helped yourself to another steak and walked out saying “no sweat Joe ‘A.’, I already paid for it” and wave the receipt in the air behind you……uh????
Or rather if you sold your car to someone and then sold the 30 yr promise of payments of the car to someone else, only to continue to collect payments on the same car (house) from YOU – the honest American who thoughts banks were safe (FDIC….Federal this…..American Flag that….guaranteed….Snoopy-ing Commercials, 140 years of honest reputation blah blah crap…. Just like the 3 Cups Goofball – does anyone have a conscience anymore?. .. . I hate the word scrupples but you get it right?… As a society we are going shirtsleeves to shirtsleeves in three generations and that just might be the name of book 3 (post Fur…. with um lot)
I say we roll ’em up boys (those sleeves). Isn’t that what America is all about after all? The right to fight for what is right when it is right (undeniable). Tonight we crossed a threshold. Like the night that gal (you are out there) posted that the Judge granted the TRO on her abuser (fill in the Mortgage Fraud Co).
Here’s an idea since if I btch I like to offer up a ‘here’s what we can do about it’….
1. Federal Mandate to ALL mortgage industry players (NEW SHERIFF IN TOWN)
2. Confirm ALL got the memo
3. Instruct ALL to offer 40 / 45 / 50 year repayment plans AUTOMATICALLY, mortgage payer’s choice/delight
(for all you thinking….but won’t the investors get mad if they don’t get their money (AGAIN) for 45 v. 30 yrs….the short and long answer is NO. They would rather stay criminals and get paid then go to prison and get called out for selling your car/loan once already…..getting paid once already….double dipping again already… you get it….
4. Instruct ALL non-compliant parties (N.A. Banks or not) to forfeit collection rights of all monthly mortgage payments to Federal Government to avoid prosecution by US Citizens (fraudulistic immunity)
5. within 60 days from tonight, ALL US homeowners would breath a sigh of relief, likely get down from the rooftop, and get a good nights sleep… the repayments could be afforded and adjusted as necessary and without 11 month loan application processes that fail, lead to fraud, reward criminal activity and in the end make our Federal Courts and Communities look like a joke.
The World is not only watching, they have been laughing (and crying) for America. The world wants (NEEDS) the US to rise (fly) again. A hey before you shoot a hole in this, remember the ‘investors’ holding the notes to 80-90% of ALL residential mortgages were ALREADY paid (in full) for your (our) loans. Make yours PROVE they are above board and operating with integrity. If this is our most important monthly purchase ( can’t we as Citizens DEMAND an airtight Federal Policy to stop the madness). Tonight there are 250-300 foreclosed homes in my city (300,000) and with an average cost of 10,000-20,000 per and a horrifically lower property tax basis for all going forward…..we end up paying them for the abuse, then suffering with the side-effects….my credit is ruined for 10 years thanks to FretLife….and it was 700+ for 15 yrs prior. Can’t even get a BlockBuster card even if they hadn’t gone under…… you get the point.
In ranching terms… it’s time to take our abusers to the woodshed. Team meeting…..I just called it.
Peace all… sorry for typos.. cold here in Boise tonight and Bob Hendrickson and the Banksters at FretLife stole all my money… and well….from the hip is how it goes for now. You made me an honest writer Bob… karma is circular.
Keepin’ em Honest in Boise and beyond.
“Remember Folks, LOVE your haters (abusers/fraudsters), then report them to the proper authorites………”
TBONE-RA / 777
Trevor Hitchin
April 19, 2011 at 11:44 PM
FOR CLARITY
So if you see this and know anyone who can track down Tony Francis (former VP First Horizon) and/or Donna Black and/or Mike Fisher V.P FretLife …. please hit me up at trevor.hitchin@gmail.com or reply all for appropriate visibility.
This was for ROBO-SIGNING evidence only . I want to be clear….. very clear. Any others out there in http://www.land who have seen these ROBO-SIGNATEURS… please send me an email.
This was why I posted in reply to a ROBO search. Pce all. Thanks WordPress for letting me clarify post re-read. It’s late…
Tim Bryant
April 22, 2011 at 8:51 PM
Sent By:
“Katherine Hsu” On: Apr 04/21/11 10:09 AM
Hi Tim,
I’d like to discuss your April 8, 2011 letter to the SEC. Could you please send me your phone number? Thanks.
Katherine Hsu
Office of Structured Finance
Division of Corporation Finance
U.S. Securities and Exchange Commission
We’ll see what happens….
Tim Bryant
April 26, 2011 at 8:13 PM
I spoke with Katherine Hsu at the SEC today. She stated the Commission is unsure what action they could take in this matter. After explaining that mortgage contracts are under the laws of the states they were created, and not the laws of the state which the security was offered, and then point-by-point explaining how the PSA wipes out the original mortgage docs, she did not know how to respond. I also pointed out sections of PSAs that specifically call for state land records to be violated, as well as hiding assets under the guise of other companies to “avoid liabilities and creditors of the sellers”. This is criminal in my home state. It is written right into the PSA. She seemed taken aback by this. I really believe that the SEC does not read these documents submitted. They are riddled with racketeering activity clauses. I believe that this matter will be made known to regulators at the SEC.
Any thoughts on this. Think it goes along the lines of what Tim is saying about AG’s and their “negotiations” w/ banksters. From Comptroller web site on possible cons.
“”Your lender never had the legal authority to make a loan.” Do not listen to anyone who claims that “secret laws” can erase your debt and have your mortgage contract declared invalid. You are being conned if someone claims that you are not obligated to pay your mortgage. ”
It is not “secret laws” It is the Constitution.
.
The Federal Court has original jurisdiction of who can CREATE money
pursuant to Art. 1 Para 10 Cl. 1 of the U S Constitution.
…no State shall coin money
This money issue is the prime reason that the United States changed from the Articles of Confederation to the United States Constitution.
Tim Bryant
April 13, 2011 at 10:27 AM
Marilyn is absolutely correct. There is nothing secret about these laws. They are the Constitution, the United States Code, the Uniform Commercial Code, and state laws. These are the same laws that the banks have skirted, and then have used as their defense.
Remember, Comptrollers are directly tied to the banks. They are not there to protect you. Take what they say with a grain of salt.
I agree. First reaction was it is propaganda for the banksters. I understand they cannot “help” borrowers but they are supposed to be a neutral party and prob funded by tax payers.
Anyone from West Virginia? Non judicial state, Attorney General says I am the only complaint on file for forged documents on my mortgage. I have searched through all counties in WV and have found forged notary signatures in all counties. Notary signatures are always forged. Cant find an attorney to take my case, and I have money to pay???????????? I just need some legal direction?
USC Title 18 § 493. Bonds and obligations of certain lending agencies
Whoever falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners’ Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States, shall be fined under this title or imprisoned not more than 10 years, or both.
Whoever passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to the provisions of this section, shall be fined under this title or imprisoned not more than 10 years, or both
enough already
April 12, 2011 at 8:55 PM
HI TIM , NO ONE IS GOING TO JAIL, and no one is getting fined. but we are losing our houses. our fraudulent appraaised homes bought by us in good faith, when the sub prime mortages fail it brought dawn the econom. i had a standard loan 30 yr fixed i was working paying mortgage anf boom it struck us like a lighening bolt. unable to sell our home now worth 180kk bought for 260k 2009. we asked for help from wells fargo little did we know it would send us on the journey of modification hell. and lost paper work. i am done playing their game. i retained a lawyer. if you can get someone in congress to listen to you and help save our homes please do. write whoever will listen, i tried it myself. all it got me was more of the same. lies, deceit and cover ups. the last straw wells fargo lied to the OCC thats it
Tim Bryant
April 12, 2011 at 9:29 PM
Enough already….
If your lawyer is worth what you are paying him, he will have the judge take judicial notice. If you admit defeat, you have already lost. If your attorney requests this, the judge MUST take judicial notice for his decision, and any subsequent appeal. It is called preserving your rights. You can only argue on appeal that which you have brought up in the original action. If he has not discussed this with you, ask him why not.
Bryan Hufford
April 12, 2011 at 9:35 PM
Tim,
Thanks for your continued help…..
I have started the process,QWR, Docs from the county. No lawyer I have found is willing to help without digging deeper. A lawyer later, when I have the paper in order.
If this is a securitization, FL law does not dictate standing of the Trustee, New York law does. The trustee was not created under FL law, and does not exist under FL law. It must first prove it is a legal entity under the terms of the PSA. The Trustee can only act in the capacity with which the PSA allows. Most PSAs are governed by NY law. The trustee only exists under those laws, thus the judge should not have granted them standing without proof of chain of title dictated by the PSA, under the laws of the state the PSA falls under.
This decision should be appealed, if it was a securitization, as the judge did not rely on the legal document showing the legal status of the trustee, and its authority under the PSA. If the transfers took place after the timelines listed in the PSA, the Trustee no longer has the legal status as a “trustee”, therefore, no standing in FL against the borrower.
A little more research would be in order on this one. We recently had a MA decision where the judge reversed his original judgement for the investor. The homeowner subsequently discovered that the transfers took place after the fact, and this information was withheld during discovery. This was the first case I have seen where the judge reversed his own order.
Hi all – forgive me for this silly question.
I’ve got a Countrywide Loan (actually, America’s Wholesale Lender is what my paperwork reads as the lender.)
I’m looking at my QWR response Deed of Trust copy from B of A, and I notice that my “Trustee” is listed as CTC Real Estate Services (with the address of 400 Countrywide Way, Simi Valley, CA). It seems like CTC Real Estate Services is/was a part of Countrywide (?), or the two organizations are/were part of the conglomerate.
Now to my question: Can the Trustee also be the Lender?
If the answer is yes, the Trustee can be the Lender, does this pose complications for B of A if they eventually try to foreclose on me?
P.S. – this is a MERS loan.
My lawyer said if they try to foreclose, it’s probable that MERS would try to do it in the name of the Trustee.
Thanks in advance.
This sounds similar to my situation. No silly questions in this rabbit hole. Would be interested to know if they provided all documents you requested.
Some potential issues:
– verify on Note or Deed who trustee was (if blank may be an issue in itself)
– compare who they claim is current trustee or check on any notices
– check MERS records for who investor/lender is
– review any substitution of trustee
My understanding is beneficiary (usually lender) assigns trustee but if blank then borrower can assign or needs to be informed if trustee is assigned or substituted. Review w/ lawyer. From CA code I recall.
There has to be a valid chain to assign MERS as trustee. Another point would be that any assignments have to be between MERS members. This will be getting down to the details but any assignments between subsidiaries, other trustees have to be valid. From what I understand have to be valid under MERS rules and county recording. That way you aren’t just arguing it’s a MERS loan.
From there can work back to trusts etc or review if they provided under QWR. Others here can provide info on trust issue. My case has taken on a focus on assignments so depends on case I believe.
Obtaining Due Process in Non-Judicial Foreclosure States
By George W. Manto
In California, judges have been isolating on a small portion of the California Civil Code, 2924, to the exclusion of other applicable law, and have been dismissing “produce the note defenses” on the grounds that 2924 contains “no produce the note” requirement.
The stated intention of the code is: “(1) to provide the creditor/beneficiary with a quick, inexpensive and efficient remedy against a defaulting debtor/trustor; (2) to protect the debtor/trustor from wrongful loss of the property; and (3) to ensure that a properly conducted sale is final between the parties and conclusive as to a bona fide purchaser.”
…Nor are foreclosure statutes intended to be exclusive. It cannot be the intention of non-judicial foreclosure procedure to deny aggrieved parties access to remedies or trump other rights intended to protect consumers.
2924 by its own terms, looks outside of the statute to the actual obligation to see if there was a breach. Being entitled to foreclose non-judicially under 2924 can only take place “after a breach of the obligation for which that mortgage or transfer is a security.”
TC
April 12, 2011 at 8:04 AM
Awesome info HammerTime. Thanks so much!
Just curious – you’re in CA also. What county if you don’t mind me asking?
HammerTime
April 12, 2011 at 3:09 PM
Thanks. I’m in Los Angeles County.
HammerTime
April 12, 2011 at 3:33 PM
Last piece of the puzzle then is whether MERS has proper standing to substitute trustee to third party to foreclose. Reconveyance, Inc. etc THEN you can ask if they are owned by lender etc. So not quite last piece of the puzzle!
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
May 11, 2011 at 11:00 AM
@ HammerTime
Do not be so fast with stating the substitution of TRUSTEE can be done by the beneficiary.
In the typical “America’s Wholesale Lender Corporation” loan, there is a specific paragraph on this topic located near the end of the DOT.
It amazingly states that the LENDER is the one that can do this. It even overrules the usage of anything else in the DOT to try to give any other way to do that substitution.
READ your Deed of Trust!
The way mine is written, even MERS’ usage of its supposed role as beneficiary can NOT substitute the trustee.
Since AWL does not actually exist, and NEVER DID, AWL is deader than entities that filed a BK and went out of existence. CountryFried can NOT claim a successor role to AWL because it never formed the company.
CountryFried has been bluffing with filing ‘D/B/A’ papers. A document that claims the lender is a corporation can not have that agreement ‘taken over’ by another entity claiming the ‘D/B/A’ usage that was never in evidence on the paperwork. The business has to be ONE OR THE OTHER, not conveniently BOTH or even ‘slide’ from one to the other.
I have a simular loan deal, my loan was with home loan center and they are on the note, the note transferred to countrywide home loans. Now the mortgage was sent to MERS, after doing a search on MERS web site Fannie Mae is my investor. I called fannie mae and asked if they owned the loan, they of course told me to call the servicer who just happens to be bac home loan servicing.
I believe the mortgage and the note have been Bifurcated, and there is no way to join them back together, true ? Also my assignment of mortgage was dated after the lawsuit was started, means for dissmissal in FL ? also if you look down about the third paragraph on the assignment you will see that MERS is assigning the note allong with the mortgage, well hold on…..mers doesnt own the note, another reason for dissmissal ? And finally I have the usual robo signer from BAC who’s VP in the forclosure department just happens to be a vp with mers, capitol one, courtywide etc.
I brought up the Bifurcation of the mortgage and note in my initial response to the court and david sterns lawfirm among other issues. But they dont seem to want to answer my question, they only have answered the easy question.
Anyway, that is my story I would appreciate any comments, advice, thoughts.
enough already
April 12, 2011 at 8:37 AM
CAN YOU EXPLAIN BIFURCATION , I STILL DO NOT UNDERSTAND HOW THEY DID THAT.
enough already
April 12, 2011 at 8:38 AM
i do not have any assignments yet when does that occur. i found my loan on fannies web site but not mers
I would suggest joining The National WAMU Support Group, even if you don’t have a WAMU loan. They have many members in FL who are very knowledgable. Their link is on the right side of this page, and here: http://www.wamuloanfraud.com
Tim Bryant
April 12, 2011 at 2:18 PM
It is against MERS, Inc’s articles of incorporation to assign a note. That action is considered “banking”, and they are not registered for this activity. Call you Commissioner of Banks and ask for a copy of any legal documentation on file for MERS, Inc as a fiduciary. Of course, there won’t be any.
They cannot assign notes because they were specifically created to remain “bankruptcy remote”. To assign the note, they must at some point, hold the note. They are a Delaware Corporation and this activity is specifically prohibited under the DE laws for corporations. The law also restricts other entities from using the MERS, Inc. name.
Alexandria Monge
April 13, 2011 at 10:42 AM
I have the same situation for the past 2 years already. My file was with David Stern and now today I saw a notice of appearance, which i believe is the new law firm that will be following up with the case. My assignment of mortgage came many months after the law suit initiated, Mers shows like they are the ones making the assignment and the same robo signing issue. As many mention not all lawyers are willing to dig up all the dirt until something can be done. But even though i have my attorney, i just called the ice legal office, to schedule an appointment, because i beilieve my file as well has fraud like many others out there, But it is only when we all join and come together and do something about it that maybe a big change can be accomplished on behalf of Floridas homewoners during that case being taken to the Supreme Court of Pino vs Bank of NY Mellon. I’m actually calling some other friends i know have the same situation with the firm of David Stern and I believe that with a couple of cases being filed under the same circunstances will help greatly for all.
Not planning to leave this still…many people out there are currently serving jail time for fraud, so why would this have to be the exception in our system. For this firm and many others that deliberately took advantage of those that didn’t have the resources to get a defense on their behalf. I’m pretty sure the Ice Legal firm would be very happy not only to take many other cases but especially those with the same situation that would help them back their case at the Supreme court. Don’t you think?
now we all understand the bifurcation of the note and the mortgage. can assignments and allonges be explained please. why are these defenses not use more???
HammerTime
April 12, 2011 at 3:27 PM
IMO it seems there has been too much emphasis on MERS alone as an argument esp in CA. In layman’s terms assignments and allonges are used to substitute trustees and beneficiaries. This allows loans to transfer hands without knowledge or authorization of borrower. Though there are possible exceptions such as blank trustee in Note/Deed POSSIBLY. At this point not illegal in CA EXCEPT if fraud is present in recording or other aspects of loan transfers, negotiations. Can be used to show broken chain of title in foreclosure process. Seems allonges apply more in cases where trusts are involved; can show broken chain in MERS etc “earlier” in process if that makes sense; as TB shows with his excellent work fraud can occur at SEC level under NY laws. On top of all this as in possibly my case lenders don’t have the proper info or mistakenly categorized loans as MERS etc and as we see are making mistakes in trying to go back and cover their title tracks…trying to put toothpaste back in the tube.
In general seems no one strategy. Need to find inconsistencies and get a good lawyer.
If the loan was securitized, check the PSA. This defines how the assignments can be legally applied to the loan. I have included an actual PSA section of a CW security. You will notice how complicated and twisted this issue is….
ASSIGNMENT OF THE MORTGAGE LOANS
Pursuant to the pooling and servicing agreement, on the closing date,
the depositor will sell, transfer, assign, set over and otherwise convey without
recourse to the trustee in trust for the benefit of the certificateholders all
right, title and interest of the depositor in and to each Closing Date Mortgage
Loan and all right, title and interest in and to all other assets included in
Alternative Loan Trust 2005-52CB, including all principal and interest received
on or with respect to the Closing Date Mortgage Loans, but not any principal and
interest due on or before the initial cut-off date, and amounts on deposit in
the Supplemental Loan Account and the Capitalized Interest Account on the
closing date.
In connection with the transfer and assignment of a mortgage loan, the
depositor will deliver or cause to be delivered to the trustee, or a custodian
for the trustee, the mortgage file, which contains among other things, the
original mortgage note (and any modification or amendment to it) endorsed in
blank without recourse, except that the depositor may deliver or cause to be
delivered a lost note affidavit in lieu of any original mortgage note that has
been lost, the original instrument creating a first lien on the related
mortgaged property with evidence of recording indicated thereon, an assignment
in recordable form of the mortgage, the title policy with respect to the related
mortgaged property and, if applicable, all recorded intervening assignments of
the mortgage and any riders or modifications to the mortgage note and mortgage
(except for any documents not returned from the public recording office, which
will be delivered to the trustee as soon as the same is available to the
depositor). With respect to up to 50% of the Closing Date Mortgage Loans, the
depositor may deliver all or a portion of each related mortgage file to the
trustee not later than thirty days after the closing date and not later than
twenty days after the relevant Supplemental Transfer Date (as defined below)
with respect to up to 90% of the Supplemental Mortgage Loans conveyed on such
Supplemental Transfer Date. Assignments of the mortgage loans to the trustee (or
its nominee) will be recorded in the appropriate public office for real property
records, except in states such as California where in the opinion of counsel
recording is not required to protect the trustee’s interests in the mortgage
loan against the claim of any subsequent transferee or any successor to or
creditor of the depositor or any seller.
The trustee will review each mortgage file relating to the Closing
Date Mortgage Loans within 90 days of the closing date (or promptly after the
trustee’s receipt of any document permitted to be delivered after the closing
date) and the documents relating to the Supplemental Mortgage Loans promptly
after the trustee’s receipt thereof after the related Supplemental Transfer Date
as described above, and if any document in a mortgage file is found to be
missing or defective in a material respect and Countrywide Home Loans does not
cure the defect within 90 days of notice of the defect from the trustee (or
within such longer period not to exceed 720 days after the closing date as
provided in the pooling and servicing agreement in the case of missing documents
not returned from the public recording office), Countrywide Home Loans will be
obligated to repurchase the related mortgage loan from the trust fund. Rather
than repurchase the mortgage loan as provided above, Countrywide Home Loans may
remove the mortgage loan (referred to as a deleted mortgage loan) from the trust
fund and substitute in its place another mortgage loan (referred to as a
replacement mortgage loan); however, such a substitution is permitted only
within two years of the closing date and may not be made unless an opinion of
counsel is provided to the trustee to the effect that such a substitution will
not disqualify any REMIC or result in a prohibited transaction tax under the
Code. Any replacement mortgage loan generally will, on the date of substitution,
among other characteristics set forth in the pooling and servicing agreement,
o have a principal balance, after deduction of all scheduled
payments due in the month of substitution, not in excess of, and
not more than 10% less than, the Stated Principal Balance of the
deleted mortgage loan (the amount of any shortfall to be
deposited by Countrywide Home Loans in the Certificate Account
and held for distribution to the certificateholders on the
related Distribution Date (referred to as a “Substitution
Adjustment Amount”)),
o have a mortgage rate not lower than, and not more than 1% per
annum higher than, that of the deleted mortgage loan,
o have a Loan-to-Value Ratio not higher than that of the deleted
mortgage loan,
S-26
o have a remaining term to maturity not greater than (and not more
than one year less than) that of the deleted mortgage loan, and
o comply with all of the representations and warranties set forth
in the pooling and servicing agreement as of the date of
substitution.
This cure, repurchase or substitution obligation constitutes the sole remedy
available to certificateholders or the trustee for omission of, or a material
defect in, a mortgage loan document.
Notwithstanding the foregoing, in lieu of providing the duly executed
assignment of the mortgage to the trustee and the original recorded assignment
or assignments of the mortgage together with all interim recorded assignments of
such mortgage, above, the depositor may at its discretion provide evidence that
the related mortgage is held through the MERS(R) System. In addition, the
mortgages for some or all of the mortgage loans in the trust fund that are not
already held through the MERS(R) System may, at the discretion of the master
servicer, in the future be held through the MERS(R) System. For any mortgage
held through the MERS(R) System, the mortgage is recorded in the name of
Mortgage Electronic Registration Systems, Inc., or MERS, as nominee for the
owner of the mortgage loan, and subsequent assignments of the mortgage were, or
in the future may be, at the discretion of the master servicer, registered
electronically through the MERS(R) System. For each of these mortgage loans,
MERS serves as mortgagee of record on the mortgage solely as a nominee in an
administrative capacity on behalf of the trustee, and does not have any interest
in the mortgage loan.
Tim Bryant
April 12, 2011 at 2:03 PM
Pay special attention to the 2 sections that specify the recording of the loans. In many states these clauses are illegal. Using this MBS as a template, you would notice that the securitization was specifically used as a special purpose vehicle for illegal activities;
1. You cannot hide assets to avoid creditors, which is specifically mentioned.
2. A loan cannot be sold “without recourse”, while maintaining MERS as mortgagee through the process. This is not a true sale. This particular MBS negates itself. The agreement calls for the original security instrument to be delivered to the trustee, but calls for MERS to remain the MOM. MERS cannot claim to hold the security instrument while it is in the possession of another entity.
3. The Depositor (who is a different entity than the lender) must assign and transfer all rights, title, and interest to the trustee. If the assignment you are provided by the bank shows an assignment from the lender to the trustee, the chain of title is broken, and the trustee does not have good title to enforce the note or the mortgage.
4. This PSA demands that the assignments to the trustees be recorded in the county records. The only exclusion is CA. There is no legal definition of “states such as CA”, therefore that clause has no legal meaning. That clause is also inserted for avoiding any liability resulting from the selling and transferring entities.
5. The trustee had 90 days to review the mortgage docs for any defective paperwork. They then had an additional 90 days for the docs to be corrected. Any defective documents that are attempted to be corrected during a foreclosure, are invalid under the PSA. This PSA also states that the sole remedy for omission of, or defect in, any mortgage docs are repurchase or substition. There is an omission or defect in nearly every set of loan docs. The PSA has even more stringent requirements. This clause is legal evidence to show the trustee has no legal standing in court, unless all the stated docs are free from omissions and defects.
6. The last sentence is the caveat for any MERS mortgage. Read it carefully !!! It allows the Master Servicer, at its own discretion, to deviate from the terms and conditions previously set forth. Since the Master Servicer has no interest in the note or the mortgage, they have no legal standing to unilaterally assign either. This is part of all the rights, title, and interests required to be transferred to the trustee as perfection of the agreement.
In the MERS system, the investor should show as “Mortgage Electronic Registration Systems, Inc., or MERS, as nominee for the owner of the mortgage loan.” The investor, in the MERS system, should show as one of these 2 entities.
The very last sentence is the “defect” in the mortgage docs stated above. It requires MERS to serve as mortgagee of record. THERE IS NO LEGAL ENTITY KNOWN AS MERS OR THE MERS(R) SYSTEM. MERS is the electronic recording system. The legal entities are Mortgage Electronic Registration Systems, Inc. “MERS, Inc.”, and MERSCORP, Inc. These are the only 2 legal entities that can “hold” any interests. MERS cannot serve as a mortgagee of record, as it is not a legal entity.
The PSA then states that MERS “does not have any interest in the mortgage loan”. This wipes out your MERS mortgage. Under the PSA, MERS no longer holds “Legal Title” as it claims, as that is an interest in the loan.
This should show you how important it is to find, and carefully read the PSA language. I will state unequivocally that there is not a single mortgage that is enforceable if MERS is involved, and the loan has been securitized.
Tim Bryant
April 12, 2011 at 7:17 PM
As another tidbit, robo-signing through the use of MERS is a federal offense. If you are in foreclosure, and this occurs, make sure your attorney has the judge take “judicial notice” that this is a federal crime. The attorney should then ask that the perpetrator be given a Miranda warning, and / or remanded into custody. This will change the attitude of the banks as far as this practice goes….
USC Title 18 § 513. Securities of the States and private entities
(a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title [1] or imprisoned for not more than ten years, or both.
(b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both.
(c) For purposes of this section—
(1) the term “counterfeited” means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety;
(2) the term “forged” means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents;
(3) the term “security” means—
(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) of the Electronic Fund Transfer Act, money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property;
(B) an instrument evidencing ownership of goods, wares, or merchandise;
(C) any other written instrument commonly known as a security;
(D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or
(E) a blank form of any of the foregoing;
(4) the term “organization” means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect interstate or foreign commerce; and
(5) the term “State” includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.
Tim Bryant
April 12, 2011 at 7:21 PM
USC Title 18 § 514. Fictitious obligations
(a) Whoever, with the intent to defraud—
(1) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States;
(2) passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or with like intent possesses, within the United States; or
(3) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, to transmit, transport, ship, move, transfer, or attempts or causes the same, to, from, or through the United States,
any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be guilty of a class B felony.
(b) For purposes of this section, any term used in this section that is defined in section 513 (c) has the same meaning given such term in section 513 (c).
(c) The United States Secret Service, in addition to any other agency having such authority, shall have authority to investigate offenses under this section.
Tim Bryant
April 12, 2011 at 7:38 PM
Pay special attention to paragraphs 2 and 3 on this one….
USC Title 18 § 1005. Bank entries, reports and transactions
Whoever, being an officer, director, agent or employee of any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) [1] of the Federal Reserve Act, without authority from the directors of such bank, branch, agency, or organization or company, issues or puts in circulation any notes of such bank, branch, agency, or organization or company; or
Whoever, without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment or decree; or
Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Reserve System; or
Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives (directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution—
Shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
As used in this section, the term “national bank” is synonymous with “national banking association”; “member bank” means and includes any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks; “insured bank” includes any state bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; and the term “branch or agency of a foreign bank” means a branch or agency described in section 20 (9) of this title. For purposes of this section, the term “depository institution holding company” has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act
Tim Bryant
April 12, 2011 at 7:41 PM
USC Title 18 § 1021. Title records
Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both
Tim Bryant
April 12, 2011 at 8:05 PM
USC Title 18 § 2320. Trafficking in counterfeit goods or services
(a) Offense.—
(1) In general.— Whoever; [1] intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, shall, if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, be fined not more than $5,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000.
(2) Serious bodily harm or death.—
(A) Serious bodily harm.— If the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for not more than 20 years, or both.
(B) Death.— If the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for any term of years or for life, or both.
(b) Forfeiture and Destruction of Property; Restitution.— Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.
(c) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense.
(d)
(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
(2) Persons permitted to submit victim impact statements shall include—
(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense;
(B) holders of intellectual property rights in such goods or services; and
(C) the legal representatives of such producers, sellers, and holders.
(e) For the purposes of this section—
(1) the term “counterfeit mark” means—
(A) a spurious mark—
(i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature;
(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered;
(iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and
(iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; or
(B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 220506 of title 36;
but such term does not include any mark or designation used in connection with goods or services, or a mark or designation applied to labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.[2]
(2) the term “traffic” means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of;
(3) the term “financial gain” includes the receipt, or expected receipt, of anything of value; and
(4) the term “Lanham Act” means the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (15 U.S.C. 1051 et seq.).
(f) Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.
Hell NO - No More Bail-Outs or FALSE Modification Programs (Ahem or A-hamp)
Your lawyer is not ‘up’ on the tricks they will try with these flawed AWL loans.
Their likely first step will be to TRY to pull a fast one with the MERS ‘beneficiary’ role being claimed as the party that can name a substitute trustee. If your DOT is like mine, there is a nice clause a couple of pages from the end of the DOT entitled ‘Substitution of Trustee”. Imagine that. What that paragraph states is that the LENDER reserves this action for itself. NO mention is made of MERS and the paragraph goes on to over-rule any usage of any other clause in the document to supercede this paragraph. MERS can’t do the substitution!
The servicer minions will conveniently overlook that paragraph. Then that replacement bogus Trustee will file the NOD and the NOS.
Eventually, the servicer will use MERS again to assign BOTH the NOTE and the DOT. CA judges are starting to catch on that this is not valid.
Been under the gun with my property issues. Good news is I stopped sale though I wasn’t able to come up w/ legal funds. Worked w/ great researcher on beingmiddleclass.org to put together strong QWR.
Used following Pursuant to California Civil Procedure 2943(b)(1) to request all title documents etc to allow to review or would file against unlawful foreclosure. Haven’t been in touch w/ lender but trustee site changed date.
I think that the ACLU will need to take this on in its entirety not just for the State of FL. I am thankful that they have gotten involved, but this is happening in every state and it it plainly and simply unconstitutional. That is what the ACLU is about, upholding the U.S. Consitution. We need rulings from the Supreme Court that will make the lower courts uphold the law and do what is fair and just. The ACLU is large enough to take on the battle for the sake of the people as well as our Constitutional rights.
i hope so. i hope they get involved and shut down foreclsoures. foreclsoure were appropriate back when you could still sell your home. no one should have went into foreclosure before 2008. you find your expenses drop and you sell. i had to in 2006 .i had just bought a new home and my husband lost his job. i cried but put the house on the market because i new i could not handle the mortgage by my self and he was unemployed for over a year. so we sold and moved. this time around there are way to many foreclsoures. there is obviously a reason. not on eof the government agencies has delt with the root cause. how couls they allow this to go on. millions of empty houses our country. devistated communites. just in my neighborhood alone in fla stand thousands of empty homes. unkempt lawns, fires, vandalism. beautiful homes in an area that is so nice to live. close to the gulf, near disney/busch gardens ect. great schools. so its not about the neighborhoods. there is not enough buyers fo rhtese homes. so keep the present families in their homes at this point .
reduce mortgages to property values and the people that have already lost their homes to fraud can appeal.
i think it is time for foreclosures to stop. you can have appraisal fraud have it addmetted byt eh oversight committee and stiill foreclose. the admission of guilt is out. our courts need to kno this. we need to save our homes . we need to end foreclsoures. these are not cars these are homes people live in with children please somone here my plea.
Katheryn
April 11, 2011 at 6:38 PM
The fact that you can’t sell and reduce your living costs has really compounded the foreclosure debacle. We had to scale down about 15 years ago, but we had no trouble selling our home and we bought a less expensive house and re-grouped. People do not have the option of re-grouping now which clogs the system with even more houses sitting. It is maddening that the courts are not only not ruling in favor of the homeowners but are also giving them cart blanche to continue with fraud on the court as well as homowners with not even a reprimand. I read some of these rulings where there is admitted fraud and forgery and the judge rules against the homeowner like he didn’t hear or see a thing wrong. It just makes me want to SCREAM, but that won’t do any good either. Just keep fighting one by one and hope that there are those somewhere working for us that we just are not aware of.
enough already
April 11, 2011 at 11:33 PM
@ Kathryn I have been trying to hamp mod with wells fargo since 2009. they gave me a mod that was higher then the original mortgage. i know dont ask why did i sign it. well alot of us decent folks want to stay in our homes so sad no one see’s this. then when the sh-t hit the fan again. i have now been trying to get a hamp loan since 9/2010. from 2009 and now 2010-2011 wells fargo has sytemically lost my paper work what is wrong with that company. then i heard as with the fraud of hamp that the servicers higher outside companies, give them employee pass codes and move files. well in dec 2010 i get a call from a frantic loan proccessor that someone hacked he computer and moved my file. here is the funny part i didnt here from her again until wells fargo lost my paper work again and i started complaining about my hacked file. they send me back to this owman. no iam not going to resend anything until the mediation in ocurt. I feel any judge in my county if he listens to my story will be on my side. if not there is always appeals court i will save my 1900 bucks for appeal court. if the judge is for the banks then i appeal. i just feel you can be this big conglamerate bank and consistently lose paper work and then lie about it to the OCC. yes that to.. i have the tracking number and signee for proof. i am over this BS
one thing i notice, other than james M letter in texas , no lawyer has gone after securitization. a few cases here and there. i want my lawyer to prove that this default is a vicitim of the economic bust , appraisal fraud, loan origination fraud and servicer fraud. that prior to my job loss in 2009 i had excellent credit. nver even late on a credit card., i want to prove that brr approved for this mortgage wells fargohad access to all my finacial statements (never lost one hmmmmm…..makes you think now i have no money ) we sold a house and they told us before we could get approved for our loan we need to pay off all our outstanding debts. we are usually good seeing into the future i guess we felt it was better to not have these monthly payments, but we were set up to liquidate out bank accout. so wells fargo set us up for this failure. if ihad monthly obligations, vs a mortgage payments which would you pay 1st. i once had to “refinance” a car loan yeras ago to stay in my home. i could have done that, why `make us pay all these debts off at once leaving us with out a cushion. we were so set on buying this home do not know why. i guess we thought intrest rates were going to rise we never thought we would lose our equity. we deserved the truth to buy a less expensive home not pay off our existing debts. that was our money we were already putting the 20% DOWN. . IT SAD THAT THEY — USED THESE TACTICS TO APPROVE PEOPLE FOR LOANS. AND I AGREE I SHOULD NOT HAVE PAID THEM OFF.
I’m confused. Who provided the incentives to start with. Not the potential homebuyers. Who provided the funds. Not the potential homebuyers. Who made loans based on fruad and deceit. Not the potential homebuyers. Perhaps the IMF should go back to basic economics and try again. It is like putting little children in a room filled with candy but telling them not to eat it. Then once the candy is eaten they blame the children for a global candy shortage. The IMF has one concern…keep the American dollars coming their way.
HammerTime
April 11, 2011 at 2:53 PM
Yes, and how about connecting the dots to jobs and a sound economy!
Max Keiser reported today on his show the Keiser Report that the IMF is one of the BIGGEST SHAREHOLDERS IN FANNIE/FREDDIE. AHA! PROOF of the TREASON and that THE NEW WORLD ORDER is behind the THE FORECLOSUREGATE HOLOCAUST. OUR U.S. CONSTITUTION OVERULES THEM. OUR U.S. CONSTITUTION is the only thing standing between our FREEDOM. OUR NATIONAL SOVERIEGNTY AND THEIR TYRANNY. The U.S. CONSTITUTION is the only thing keeping the NWO from FLOUTING OUR PROPERTY RIGHTS AND STEALING OUR RIGHT TO BEAR ARMS, BANKRUPTING US, and then completely taking America over. OUR FOREFATHERS HAD THEIR NUMBER AND HAD OUR BACKS WAY BACK OVER 200+ YEARS AGO. Check out the latest KEISER REPORT at: http://maxkeiser.com/ DEATH TO THE BEAST! WHO IS THE UN/NEW WORLD ORDER TYRANNY!NATIONAL SOVERIEGNTY WILL PREVAIL!
why should we give up our our homes that we worked hard all of our lives to a ponzi scheme?
sometimes i think i could live out in the wilderness to get away from the unbelievable stress.
could i just have one night’s sleep without worry?
that unrelenting nightmare has all been caused by the fraudclosure criminals.
why should i have to wash my contact lenses in a stream and live in tent because some fraudsters developed a sophisticated ponzi scheme to defraud my family?
no!
hell no!
we are not leaving our home. this our home. it does not belong to a flim-flam artists.
I would love to live in the wilderness, but I want a travel trailer over a tent! At least in the wilderness there are general rules of survival and you know what they are….not so living in the world of “Oz” where nothing is as it should be and what common sense tells you is really is not. It causes one to remain in a constant state of worry and anger. Life should not be this way in a free country like the US. I don’t think the founding forefathers meant free as in (free to rob the people of everything).
To the Attorney Generals…..you are spinning your wheels. You have no Constitutional authority to enter into any agreement with the banks that prohibits homeowners from denying that a bank owns certain loans.
Article 1 of the Constitution-
Section.10.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
Good one Tim, Do you think the AG has read the constitution ?
I believe this is another extortion attempt by the states, remember the huge payout by the cigarette company’s ? remember the states tried to go back for more ?
we all should form our own city, grow our own food, use solar, wind and other natural resources for energy and live in the peaceful law abiding way we deserve without being made slaves to their need for power and money, money and moooooo money. Just withdraw from this crazy world…kind of like the Amish people. We’ll come up with a new religiion that suits all and then we are exempt from paying taxes and money will be lent within our own little community. We will not have to be slaves to wallstreet and banksters.:) One can dream, right!
I am with you. in Israel they call commune living kibbutz. we need to start kibbutzim in america. we all work to hard to be losing our houses. i agree we need to all start our own place. where all the homes are owned by all. we buy food for all. no fear of losing everything because it is all owned by all. well just pick a place and we are there. we should be the pioneers
After Astoria Federal S & L’s attorney Arthur Walsh stated in front of Judge Schlesinger of New York Supreme Court” It’s indemnify indemnify indemnify” (for my two new york city condos, Astoria auctioned off to straw buyers without ever owning them) “-we are stepping aside and the Title companies are stepping in.”.
The Title companies did not want to indemnify, but wanted to be intervenors instead and be heard. And what they told Judge Alice Schlesinger of New York Supreme Court is – time makes forged deeds good.
The Title attorneys, Judge Schlesinger and I all know a forged deed has no equity and the only equity corrupt Thomas Malone of Fidelity National Title and Corrupt David K Fiveson of Coronet Title were speaking of when they stated to Judge Schlesinger “we have equity” was the equity under the table for Judge Schlesinger and Judge Schlesinger’s ears perked up, she looked at me and said “it doesn’t look good for you” and ruled against the law.
The Title companies are silently behind the scenes minipulating much of the foreclosure fraud., and with a Judge like Judge Schhlesinger that takes a bribe the title companies are getting away with it.
the banks are now trying to shutdown help websites that are exposing them. this is just becoming to much and its time people really start taking into consideration that nobody is going to help us. only we have the power to stop this at anytime. we have the power to control the markets the banks and even lower gas prices. we have the power to insure our rights are not violated and to throw these corrupt bastards out of any position they hold.
what is the oil company going to do if people actually decided this is going to stop and stop now? 1 week of people coming together and not buying gas would throw their silly asses in a panic and prices would be forced down.
what would banks do if people came together and said screw them enough is enough no more doing business with them. not 1 more damn dime on their mortgages, credit cards, bills, or anything? imagine the horror and fear and feeling of helplessness these bastards would feel. the same feeling we have is what they deserve. not us.
what would the all high and mighty courts do if people realized the system designed to protect us from this crap will not? what if the people decided if the courts will not even follow their own rules and laws to protect us and instead harm us then we no longer have a use for them. period!
what if people decided the officials and leaders we elected are not doing their jobs, are abusing their power, and enjoying a free ride at our expense? we hired them we fire them just like we are supposed to do when someone we hire steals from us!
or are we supposed to just sit there like helpless victims while they break the laws we have to follow? just sit there like cowards while they steal from us and harm our families!
what if we demand our rights. start video taping our court cases. that is our right. get it on video and start posting this. the public own the air waves and we can broadcast what we want when we want. that is not going to far. what they are doing is going to far. we didn’t do anything they wrong they did. and they should not be rewarded for it.
they will continue to bully us 1 at a time until eventually we all lose. but together they will bow down and cower like the real b****** they are.
we either continue to just sit and allow this or we come together and figure out a way to stop this crap.
we live here. we work here. we grew up here. our families are here. this is our lives not theirs. you do not sh** were you eat and they are. there is no law that says you have to laid down and allow someone to defraud you.
america does not work without us. they live here and work here just like we do and should follow the same rules.
30 years ago people protested and fought for less. 230 years ago people protested and fought for more.
308,745,508 people in the u.s. theres not a court system, police force, or military force big enough in the world to force us to just lie down and allow us to be defrauded.
our rights were fought for. our laws should not have to be. if our system will not work for us then why should we.
The challenge is getting everyone on board, thus the reason to do all that can be done to expose them all through broad range media. We should not stop with 60 minutes. Try to convince any and every source you can think of to help expose what is happening in this country. I saw Jessie Ventura on the Pierce Morgan show. Pierce Morgan told Jessie in so many words that he has a screw loose. Most people refuse to believe that their government would conspire against them in such a way and that laws would be obsolete for those whom they choose but strictly enforced against the common people. How sad it is.
They have probably already prepared for a mass up-roar by the people. It is rumored that is the reason the FEMA camps are still set up. When banks have to pay lawyers big bucks to shut down websites that are exposing them….then that seals the reality that the truth is being told and they will stop at nothing, even destruction of our first amendment right, to continue their fleecing of America while our govenment and legal systems turn and look the other way to help them wipe out the middle class. Two party political system and a two class population.
Very seldom do I make comments about what who is doing what.
Scared people resort to unusual tactics usually out of desperation.
Many know my name, very few know what’s in process.
Place all emotion aside, take care of the business at hand.
The banks legal machine has no emotion.
Katheryn
April 11, 2011 at 3:48 PM
We are all trying very hard to take care of the business at hand. Unfortunately, most out in the general public are clueless. We are a handful of peons up against the elitest giants as well as our corrupt government whose job is to protect us. We need the rulings of the Courts to give us a fighting chance. It does not appear that the justice (injustice) system is ruling in accordance with tbasic law. I sincerely hope that whatever is “in process” will help us in our fight as well as exposing the fact that this is not just about homes but goes much deeper and is far more sinister. II am no lawyer but I do know that any judge who rules in favor of a bank when there is clear factual evidence of fraud and forgery is breaching his oath of office. I pray that you may be the James McGuire I think and who will help to make a difference for the families who have been hurt as well as how much impact this fraud has had on our economy.
I’m done with the credit cards. Late on a payment and they sent me a letter raising the interest rate to 29% even on the balance not just going forward. They can kiss my bumper. I agree, let all the middle class just stop spending, take money out of the banks and tell them all to just kiss our bumpers.
Can someone help me as my so called attorney will not answer me, in how to file a objection on a motion to dismiss. after 22 months of being on the plan, in Massachusetts have less then two weeks to go
also can respond to Tomuchbull61@yahoo.com.
Unreal how much people understand about this ongoing fraud. Yet we continue to here the Government state that the too big to fail Bansksters deserve to continue foreclose on us ” Dead Beats “…………..
Read this if you don’t quite understand the chain of title
New CEO of MERS, Paul Bognanno. He is also Chairman of the Board of Radian Guaranty, Inc., Director of First Federal Savings Bank of IA, Director of North Central Bancshares, Inc, and a self-employed consultant whose main customer is CitiMortgage. Geex, I don’t see any conflicts of interest!!
I would love to make a difference where it would help others also, however, even Brad has checked with attorney friends and there is not one attorney in DE that wants these cases. If I have guidance, I will handle it pro se, which is what I was going to do anyway.
Greetings – I hope everyone is having a nice weekend!
My husband just shared this story with me…(see link below) and I have to tell you that despite the fact the the homeowner admitted knowledge…this is just amazing. The lengths to which the IRS agent, etc. went are amazing…especially when there are bigger fish to fry…this is how that agent chooses to use the government’s money (and apparently enjoys his hobby of snooping on people when the whim strikes). I’ll bet that IRS agent has a list of people who are untouchable….
Apparently mortage companies are exempt from fraud – they are coated with Teflon..but the little guy? They fry him..
My mortgage docs are wrought w/fraud – including initials and signatures that are NOT mine. Yep, and the mortgage disclosure doc copy the company provided with a QWR response? Blank – not signed by yours truly. Also, the verification of income/assets interview was conducted by someone named “XXXXX”, yep, litterally all X’s. I didn’t sign the doc – someone signed it for me. The assets and income are way out of whack – nothing I would ever sign in a million years! For example, I’ve never even had rental income in my life — imagine my surprise to see an asset listed that receives rental income? That’s just the start.
We need to work together to reduce the size and influence of the Financial Industry before it sucks all the blood out of our fragile economy. OK, now for the action part: For anyone in the Central Ohio area that has been a victim of Foreclosure Fraud take a look at these links and follow up if applicable:
Hi Hank
I know all about responsible money management, in 2009 my FICO score was in the high 7’s. It took years to get to where my wife and I were. We chose like all others in this country to invest in our home. We had allot of our own money, as well as sweat equity when we built our home. Our jobs/ income had not changed in over 10 + years.
point is when my wife and I lost both jobs in about 60 days apart, we continued to be on time with our mortgage, until we entered into a government program called HAMP.
Thats when we cashed in and paid the IRS 30* withdrawal fee. this was done because, because we believe in paying our bills on time…..
Here’s my point, the Bank has allowed us to pay a modified payment while promising a mortgage modification. We were told we had it 9 months into it and 5 months later they claimed they don’ have any paperwork from us although we notarized these docks and to what end, we are 11 months behind broke and without any response from Chase
Go somewhere else a preach your Pay Cash to someone who cares……….
To TC- If you’re behind on your mortgage or in the redemption period — the bank is trying to determine if the house is abandoned. If it is determined that the owner has left – they speed up the redemption and get your house that much quicker. If you’re not behind/in redemption…that is scary.
We’ve been lucky – the people around here who seem to take these jobs are too scared / polite to come to the door – so they leave notes in the entry drive (on the address sign).
I know a lot of people cannot afford an attorney for foreclosure defense, neither could I. I am offering this information for aiding you. I am not holding out to represent any attorney or plan. I absolutely recommend that you first find a “pro bono” attorney. If that does not succeed, you can look up the following site http://reachingu.net/
They are a non-profit that helps cover costs through the Freedom Legal plans. I am using them, so I can say that it is not a scam. Instead of paying the obscene fees charged by attornies, you pay a flat monthly rate. You can give that a try as a second resort. It can’t hurt to inquire.
I just want to restate, I am not recommending them, I am offering it as an avenue for people who have no other options.
Thanks again, Tim. This could be a great help. I may have found a “warrior lawyer” here in southern California. They were direct but did not minimize the potential fraud and irregularities by bank beyond TILA etc. If I can scrape up $1,500 I should be on my way. They charge $3,000 and $500 or $1,000 a month for full case. “Non-profit” wanted $5,000 to $8,000 up front. If they pan out will pass on info.
TC
April 9, 2011 at 12:41 AM
@HammerTime – a warrior lawyer in southern California? – this is what we so desperately need!
If/when you can share more info, I’m interested. I found a good BK down here, but my loan is really my biggest problem – not too much other debt. I’m in Orange County, CA.
Is this weird? – While I was at work today, my spouse said a man from Bank of America showed up at our house just to find out if I really live there….once this man got the answer “yes”, he just left. No other questions.
Dang, I wish I would have been home to find out why he needed to know that (and get his employee number and car license plate#). I’ll never trust that bank, or any of the TBTF
I get that once a week from BofA as well. We actually chat and joke. These contractors do not even know why they are doing it, other than knocking on the doors and taking pictures.
Beau Biden is my state’s AG. I wrote to him and sent documentation but I never got any response whatsoever from him or even one of his office flunkies. I just wrote a short letter to the Govenor and stated that perhaps he could get my message to Mr. Biden as I have had no success. I sent him a link to this site, specifically to the March 29 meeting. I also let him know he might be interested to take a look around this site as he may learn something. I better be careful or I’ll end up getting audited or some other awful thing like that. They wouldn’t have much to review, it would now be a very quick audit, thank you to BofA. LOL
I hear ya, BofA here as well. When Wall Street tries to steal your house from you and your family, there is nothing the state can do to intimidate you. Myself personally, I will do whatever it takes to keep the banks away from my house, legal or otherwise. Anything that happens is on the states hands. I have attempted every legal way to address the situation. The state and feds could care less.
If the state does take you to court civilly as retaliation, check to see if your state has anti-SLAPP laws. A SLAPP is “Strategic Litigation Against Public Policy”. You know, now that I think of it, homeowners who have been taken to court because of fraud can claim this as an “equitable defense” for having the case tossed out.
That was a light bulb moment….LOL Check those laws out !!!
Tim Bryant
March 24, 2011 at 1:09 PM
Sorry, SLAPP is “Strategic Litigation Against Public Participation” in some states.
Up-date: I did get a response from the Govenor’s office. They are very sorry for my Bank of America problems and would forward my complaint to Beau Biden. I won’t hold my breath.
If you have a MERS mortgage, you might want to tell Mr Biden that MERS is acting outside the scope of their incorporation. Send him a copy of William Hultman’s deposition, and tell him to compare that to Delawares laws for Corporations.
TITLE 8
Corporations
CHAPTER 1. GENERAL CORPORATION LAW
Subchapter I. Formation
§ 102. Contents of certificate of incorporation.
(e) The exclusive right to the use of a name that is available for use by a domestic or foreign corporation may be reserved by or on behalf of:
(1) Any person intending to incorporate or organize a corporation with that name under this chapter or contemplating such incorporation or organization;
(2) Any domestic corporation or any foreign corporation qualified to do business in the State of Delaware, in either case, intending to change its name or contemplating such a change;
(3) Any foreign corporation intending to qualify to do business in the State of Delaware and adopt that name or contemplating such qualification and adoption; and
(4) Any person intending to organize a foreign corporation and have it qualify to do business in the State of Delaware and adopt that name or contemplating such organization, qualification and adoption.
The reservation of a specified name may be made by filing with the Secretary of State an application, executed by the applicant, certifying that the reservation is made by or on behalf of a domestic corporation, foreign corporation or other person described in paragraphs (e)(1)-(4) of this section above, and specifying the name to be reserved and the name and address of the applicant. If the Secretary of State finds that the name is available for use by a domestic or foreign corporation, the Secretary shall reserve the name for the use of the applicant for a period of 120 days. The same applicant may renew for successive 120-day periods a reservation of a specified name by filing with the Secretary of State, prior to the expiration of such reservation (or renewal thereof), an application for renewal of such reservation, executed by the applicant, certifying that the reservation is renewed by or on behalf of a domestic corporation, foreign corporation or other person described in paragraphs (e)(1)-(4) of this section above and specifying the name reservation to be renewed and the name and address of the applicant. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the Secretary of State a notice of the transfer, executed by the applicant for whom the name was reserved, specifying the name reservation to be transferred and the name and address of the transferee. The reservation of a specified name may be cancelled by filing with the Secretary of State a notice of cancellation, executed by the applicant or transferee, specifying the name reservation to be cancelled and the name and address of the applicant or transferee. Unless the Secretary of State finds that any application, application for renewal, notice of transfer, or notice of cancellation filed with the Secretary of State as required by this subsection does not conform to law, upon receipt of all filing fees required by law the Secretary of State shall prepare and return to the person who filed such instrument a copy of the filed instrument with a notation thereon of the action taken by the Secretary of State. A fee as set forth in § 391 of this title shall be paid at the time of the reservation of any name, at the time of the renewal of any such reservation and at the time of the filing of a notice of the transfer or cancellation of any such reservation.
MERS cannot give out the use of their name to other companies. Only the Secretary of State for Delaware can. I have included a link to Delawares Corporation Laws. The incorporation must also be for a legal purpose. I don’t see how having a “shadow registry” qualifies as a legal purpose.
I am surprised that nobody has challenged their legal standing as a Delaware corporation.
Just thought of this one and wanted to pass it along..
If MERS is the mortgagee of record, and those records are entirely recorded by employees of the “members”, as MERS “certifying officers”, than the records of the members must also be in MERS name by operation of law.
§ 122. Specific powers.
Every corporation created under this chapter shall have power to:
(5) Appoint such officers and agents as the business of the corporation requires and to pay or otherwise provide for them suitable compensation;
MERS DOES NOT PAY OR COMPENSATE THEIR OFFICERS AND AGENTS. YJRY ARE EMPLOYEES OF THEIR MEMBERS.
§ 126. Banking power denied.
(a) No corporation organized under this chapter shall possess the power of issuing bills, notes, or other evidences of debt for circulation as money, or the power of carrying on the business of receiving deposits of money.
(b) Corporations organized under this chapter to buy, sell and otherwise deal in notes, open accounts and other similar evidences of debt, or to loan money and to take notes, open accounts and other similar evidences of debt as collateral security therefor, shall not be deemed to be engaging in the business of banking.
THIS MEANS THAT THEY CANNOT BE THE “ISSUER” OF A SECURITY INSTRUMENT. THEY CAN BUY, SELL, DEAL IN, OR TAKE THEM ONLY. THEY HAVE NO POWER IN THEIR INCORPORATION TO ISSUE ANY EVIDENCE OF DEBT, SO BY OPERATION OF LAW, CANNOT BE THE ORIGINAL MORTGAGEE, WHICH WOULD BE “BANKING”.
Katheryn
March 28, 2011 at 8:00 AM
@Tim
Your such a good guy Tim! Thanks. I actually almost have a law library in my house on Delaware laws and codes trying to figure the best way to go. I have my file ready to send to Brad Keiser for a loan analysis. My original mortgage was a MERS. Then we got the rip off refi and they sold the loan to Fannie Mae where it was pooled into the bond market. The satisfaction was prepared by Recontrust and signed by Rodisha Higgins, Assistant Secretary, MERS. They also violated our 3 day right of rescission by not giving us the 3 day right to cancel. I’m just not sure which way I want to take this. The way I see it, I demand a rescission where they have to undo the whole loan. I will also ask for damages on each and every violation that is found. Then I wonder if I could seek quiet title based on the fact that MERS should have no legal standing pursuant to Delaware Code.
I will wait to see what the loan analysis shows and go from there. I know yours was BofA also. Which direction are you going with yours?
And, how is the neck doing?
Tim Bryant
March 28, 2011 at 8:18 AM
Katheryn,
You could be in the position of having a landmark case. Since you are in DE, you could challenge MERS, Inc’s certificate if incorporation as being fraudulent. If you succeeded, MERS would not have standing anywhere. Let’s see if we can get you some help.
EVERYONE WHO SEES THIS….Let’s try to see if we can find some legal assistance for Katheryn. This could be THE most important case concerning MERS. Let’s all get out there and help her. Find any cases in your state dealing with MERS, and call the attorneys involved. They may help point us to the right people.
Who closed down DOCX?
Why haven’t they closed down Fidelity National Title? New York land records as well as Florida land records have infiltrated by Fidelity National Title’s attorneys and controls many of the county land records. They have used their forged deeds, their forged affidavits and have also used them retroactively to insert them into the county records.
I know Fidelity National Title still exists because they insured a forged deed from property I own and in Astoria Federal S & L v. Marilyn Lane. after Astoria ‘s Attorneys said It’s Indemnify, Indemnify Indemnify. -we are stepping aside and the title companies are stepping in., the title companies Fidelity National Title and Coronet Title did not want to indemnify but wanted to be intervenors and be heard and what they told the court is time makes forged deeds good.
The Title companies, Judge Alice Schlesinger of NYSC and I all know that when the title attorneys told her “we have equity” for their forged deeds the only equity they were talking of was equity under the table for Judge Schlesinger and she ruled against the law {US Supreme Court case of Elliot v. Piersol)
As for DOCX I see that after they were sanctioned by a US Bankruptcy Judge, Diane Weiss Sigmund
and partially admitted there were faults in the documents, they closed the Alpharatta Georgia office but continue to mass produce replacements from their Jacksonville Fla and Dakota County Mn. offices.
Not only should ALL the LPS’s DOCX producing offices be closed, but so too Fidelity National Title as they have infiltrated and control many of the county land records. with their false documents.
Tim Bryant
March 25, 2011 at 1:03 PM
Here’s an interesting article about Nationwide Title in FL. They are now suing their critics. These are the types of cases that are considered SLAPP. If the state has anti-SLAPP statutes, the defendant can file their own claim to have it dismiss, as it is a frivolous lawsuit to suppress speech.
Pg 11 – “Although HAMP has produced a large number of trial modifications only a small portion of those modifications have been converted to permanent modifications to date.” DO YOU THINK?
Pg 17 – “Schneider Kenneth et al vs Lender Processing Services Inc et al….The complaint essentially alleges that the industry practice of creating assignments of mortgages after the actual date on which loan was transferred from one beneficial owner to another is unlawful. The complaint also challenges the authority of individuals employed by our document solutions subsidiary to execute such assignments as officers of various banks and mortgage companies…” THE INDUSTRY PRACTICE?
“Recently during an internal review of the business processes used by our document solutions subsidiary we identified business process that caused an error in the notarization of certain
documents some of which were used in foreclosure proceedings in various jurisdictions around the
country, The services performed by this subsidiary were offered to limited number of customers were unrelated to our core default management services and were immaterial to our financial results We immediately corrected the business process and began to take remedial actions necessary to cure the defect in an effort to minimize the impact of the error.” I DIDN’T REALIZE A JUDICIAL PROCEEDING WAS AN “INTERNAL REVIEW”. PUBLISHING DOCX PRICING TO CREATE BOGUS DOCS ON THE WEB, IS OFFERING IT TO A LIMITED NUMBER OF CUSTOMERS? GOOD THING THEY CAUGHT IT AND TOOK REMEDIAL ACTION !!!
Greetings everyone, this is my first time to post with this message board, although I have been reading things here for several months.
I have previously left a reply about a month before and also about a week ago telling my story as a legally blind tenant locked out by vendors five months before the bank got a deed at the Sheriff sale to be the owner and my new landlord pursuant to Protecting Tenants At Foreclosure Act of Congress.
I made dozens of calls over the past six months trying to regain the rental and have access to personal property, but US BANK and FIVE BROTHERS MORTGAGE SERVICING AND SECURING, INC refused to speak with me. All my several attempts at court action were dismissed or denied and last week I took pictures of the same vendors returning and stealing everything, with consent of the police, that have repeatedly threatened arrest for trespass, after being arrested for trespass, although not on the property and held in jail for six seeks under excessive bail and then the charges dropped by the prosecution just three days before jury trial when ordinary people would have heard this horror story.
I know that we can not depend on anyone in government to do the right things and that we can do it ourselves and so I invite you all to spread the word to have others see what is at my new URL:
where I drafted a proposed legislative agenda for cities and counties everywhere to enact local legislation to take back all these foreclosed properties from the BANKSTERS for code violations that will profit all the people. This is a killer and grassroots at its best if you all help us pull it off!
I have so much to tell and will be adding googles of resources for everyone..
Those of you who would like to join this effort and help fine tune the draft, please let me know so that I can give you access to my google docs to let you edit with me and derive a more or less final version to disseminate to local legislative bodies throughout the US.
Also please start compiling a list, as I am doing, of all the email addresses of local governing body members, to send this proposed legislation to, besides email addresses of newspapers and charities, like habitat for humanity, that you and I can determine should also receive this information.
Would any of you like to link to me?
Do you know of anyone to contact to suggest that they link to me?
You can reach me at my phone line: 574.804.0006, 24/7, as I sleep very little, as I wake up constantly to sit down at the computer and keep at it to – bust all BANKSTERS!
Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life
Tim Bryant
March 23, 2011 at 10:34 PM
I am a little curious. How did you get a government domain name?
Also, you stated, “… and last week I took pictures of the same vendors returning and stealing everything, with consent of the police, that have repeatedly threatened arrest for trespass, after being arrested for trespass, although not on the property and held in jail for six seeks under excessive bail and then the charges dropped by the prosecution just three days before jury trial when ordinary people would have heard this horror story.”
Simple question…..if you were arrested for trespass last week, how were you held in jail for 6 weeks?
Your story is too sad………………………to be true.
Catherine Mc Manus
March 24, 2011 at 9:26 AM
MICHAEL -LYNN, “TRILLIONS OF DOLLARS IN FRAUD BLOG”
Your url link does not work ! did you make a typo?????????????????????
I agree with Tim Bryant your story is confusing and “too sad to be true”.
What is up with your domain name registry extension “.us>-will search that too.
I will be doing some some research to determine if you are legit.
No I have not and will not bother to call your telephone numbers but will verify them in reverse directory.
If you are legit and trying to use this Message board to help others-you should clarify and prove it
My domain name was set up by my web designer that is a company with this URL:
web(dot)com
I think that .”us” is only a country name and not a government name which in this country would be
.”gov”.
Sorry that it was not clear about when the lock out occurred, which was September 29, 2010 and the arrest occurred October 10, 2010 and I got out of jail when friends bailed me out finally on November 24, 2010 and then the trespass was dismissed three days before Jury Trial that was to occur on January 13, 2011.
It is very sad and much worse than what you know from the short version of this tale, such as this fact that the vendors and police and local animal control shelter all knowingly allowed five cats and kittens to remain locked up in the house for eight days before I saw that they had figured out how to squeeze out of a loose fitting board over a broken basement window. No one would even go place a live trap inside the door with water to catch them. I had PETA call and that also did no good.
Thanks for your inquiry …
Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life
Please help me instead of beating me up. It is not easy to do this being legally blind and on less than $700 a month to live on from SSI and disability. It is costing me $85 to have this webpage each month that so far everyone seems to be having trouble linking to besides me and I do not know why, but will be discussing the problem with my web host/designer, i.e., web.com.
It is easy to make a typo and not see it myself and you will find that my phone number is correct as stated and in my name: Michael Goble and I now live in North Liberty, Indiana in an apartment of a friend with three cats and not much else, since everything else was stolen by the vendors. Seems that someone here would be sympathetic and outraged about all that US BANK has done in disregard of PTAF and other law.
Would you please help me understand how to put the URL in here like I see that you sometimes do so that others can click to it as I don’t seem to know how?
Could you tell how to simply post the proposed legislative agenda here with 4closurefraud from my email account with yahoo where I composed it – I am not very computer savvy?
Thanks,
Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life
Tim Bryant
March 24, 2011 at 1:25 PM
You must help yourself. We do not sponsor, nor condone fraudulent or criminal activities. THAT IS WHAT WE ARE FIGHTING.
Your background, whether you like it or not, will always come back to haunt you (and you do know what I mean). Considering that, you may want to find some consolation in another location. There is no pity here for fraudsters.
If you continue with this nonsense, I will gladly post the public records of Indiana relating to those activities….CAPECHE?
From what I gather it was dismissed without prejudice and IndyMac had to pay Machado’s attorney feed. When it is “without prejudice”, he can be taken back to court for foreclosure. This could start all over again for him. That is a bad place to be.
I really do not like these do-overs. The judges should dismiss “with prejudice”. It should not be the homeowners fault that the wrong party claimed they owned the note. It should be tossed permanently, and then the true noteholder can go after the fake noteholder for damages. That would make the most “equitable” sense. In this way, the fake noteholder pays for all injury and damages. This would also send a signal to others who want to game the system with claims of owning the note.
Bryan Hufford
March 23, 2011 at 10:55 PM
Tim,
If I have a less the 12th grade education and fully understood the obvious criminal activity in that deposition, then one would have to question the Judge in this case.
My America has just been robbed of the rule of law !
When will the people of this country learn.? Were on way to hell in a hand basket.
I was raised by Men, sad how we have changed…………Very Very Sad.
Tim Bryant
March 23, 2011 at 11:24 PM
Let’s see, an employee of a bank in FDIC receivership making a false affidavit….
18 USC § 1021. Title records-
“Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both.”
18 USC § 1007. Federal Deposit Insurance Corporation transactions-
“Whoever, for the purpose of influencing in any way the action of the Federal Deposit Insurance Corporation, knowingly makes or invites reliance on a false, forged, or counterfeit statement, document, or thing shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.”
I could think of better things to do than 30 years in prison, which is what we would get if we tried that.
Pretty ironic how the government and 50 state AGs want to sweep this under the rug, now that everyone knows the FDIC was in on it. Geez, what do you call it when the government submit false affidavits to the courts in an attempt to defraud homeowners? Oh yeah, “technical issues”.
It’s good to know our government has our back (sarcasm inserted). Anyone know if Erica Johnson-Seck still has her job? What am I thinking, she probably got promoted, or got a higher paying position working for Tim Geithner.
Catherine Mc Manus
March 23, 2011 at 11:04 AM
50 State Ags are still in settlement talks with the banks…..it is not over yet !
PLEASE visit and participate in a NATIONAL CALL IN DAY MARCH 29th 2011.
Visit the website…….. http://www.crimeshouldntpay.com/countdown-to-march-29
CALL CALL CALL EVERYONE PLEASE CALL
Tim Bryant
March 24, 2011 at 11:35 AM
It is NOT over yet…they are starting to pay attention.
By J. Scott Trubey
The Atlanta Journal-Constitution
5:15 p.m. Tuesday, March 22, 2011
A bill to expand the investigative powers of the attorney general and district attorneys to cover foreclosure documentation fraud on Tuesday cleared an important state Senate panel.
The Senate Judiciary Committee approved House Bill 237, the centerpiece of new Attorney General Sam Olens’ legislative package, by a vote of 8-2. It now moves to the Senate Rules Committee for scheduling on the full chamber’s calendar. The House passed the bill March 2.
The bill would criminalize falsifying foreclosure documents, not simple typos. Senior Assistant Attorney General David McLaughlin said his office has seen instances of back dated foreclosure documents, apparently forged notary signatures and other abuses.
The bill also would give the attorney general and district attorneys subpoena power. The bill, if passed, would go into effect July 1, and would not be retroactive.
18 USC § 493. Bonds and obligations of certain lending agencies
Whoever falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners’ Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States, shall be fined under this title or imprisoned not more than 10 years, or both.
Whoever passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to the provisions of this section, shall be fined under this title or imprisoned not more than 10 years, or both.
1. “The selling agent is a member of the Financial Industry Regulatory Authority, Inc. (“FINRA”). Accordingly, the offering of the notes will conform to the requirements of FINRA Rule 5121.” – Let me get this straight, a regulatory authority who is benefiting from a security, is going to “independently” regulate it? On their website, “FINRA is the largest independent regulator for all securities firms doing business in the United States.” This must be the regulatory equivalent of MERS !!
I wonder if this is going to be the new norm for MBSs as well.
BofA must be nervous…they have posted 35 SEC statements so far today.
Katheryn
March 21, 2011 at 1:17 PM
Warren Buffett dumped BofA stock a couple of weeks ago. Hmmmmmmmm
Tim Bryant
March 21, 2011 at 1:39 PM
Five BofA execs dumped stock a couple of weeks ago as well. I believe back in the good ole days of regulation, they would call that insider trading…LOL
Katheryn
March 21, 2011 at 1:47 PM
Hows a come Martha had to do time???? lol
Tim Bryant
March 22, 2011 at 1:37 PM
The stocks involved with BAC / BOA largely appear to be Municipal bonds. Will the Feds disclosure show that states have even les money than they think? Also, this is a great site for viewing the actual SEC documents. http://www.secform4.com/insider-trading/70858.htm
USC 18 § 644. Banker receiving unauthorized deposit of public money
Whoever, not being an authorized depositary of public moneys, knowingly receives from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law is guilty of embezzlement and shall be fined under this title or not more than the amount so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Here is info on MISMO (Mortgage Industry Standards) web wiki (editable database). You will find alot of interesting info here. There are many items clearly explained, which the industry has stated they do not do….
Found this one real interesting as it pertains to “Noteholders” Remember, a noteholder must have physical possession of the note. This is an admission of bifurcating the note, making the debt an unsecured debt.
“eDoc Custodian – A financial institution that contracts with a lender to maintain custody of certain electronic and paper mortgage documents on the lender’s or investor’s behalf.”
I like this one…Read #2, then tell me what is wrong with that statement !!!
“eNote Clause – Also referred to as eNote Language. Additional terms that must be included in the text of an eNote to comply with E-SIGN and UETA requirements. It has two parts: 1) Ensures that borrowers acknowledge they are signing electronically, and 2) Informs any holder of the eNote that legal ownership can be determined by consulting the eNote Registry.”
Mrs Doutfire
March 21, 2011 at 11:48 AM
Great Info!!! can anyone help me to the sec link to get a psa for # NC2005he8? I just cant find it 🙁 The loan was taken out July of 05. I need to find the cut off date to it. Any help is great!
When a company becomes a MERS Member, they are assigned both a Business Integration Resource and a Technical Integration Resource to help integrate MERS in their organization. As a part of your initial integration process, your Business Integration Resource will discuss the possible interfaces with the MERS® System. Should you wish to take advantage of one of the system-to-system interfaces, your Technical Integration Resource will guide you through the process and provide assistance with connectivity.
Most MERS users do not set up VPN software on each workstation, but that would depend on how you implemented MERS in your existing application. Besides flat file and EDI interfaces, and our browser application, we support XML Registration and Inquiry transactions using MISMO request and response envelopes.
If you are a vendor, there is a flag on the system that allows MERS to designate that you wish your client to be billed for transactions. If this flag is activated on your profile, the client member is billed for any MERS transaction you perform on their behalf. If this flag is not activated, you will be billed monthly for all MERS transactions you perform.
For more specific information about integrating with the MERS System, please call our corporate office at 800-646-6377 and ask to speak to our Membership Manager.
Anyone who is fed up with the organized criminal activities of Wall Street, and the seditious conspirators who work in the government aiding and abetting them, please follow this link and join in…….
I have that list, but having a hard time finding a referral within a 100 miles. I keep searching
Katheryn
March 20, 2011 at 8:02 PM
have you looked at the Vondran law firm. if none of their offices are near you, I bet they can give your some referrals. If you have not checked there, it’s worth a try.
Bryan Hufford
March 20, 2011 at 8:07 PM
Thank You,
I am in AZ working, they are very close. I’ll call them
Everyone is so helpful, Bless you !
Looking for some GOOD lawyers in California near Santa Barbara.
Same as everyone, I think I need to get ready sooner than a notice of sale. Any names to get started.
For Bryan Hufford :
Besides livinglies.word.com, there’s also gingolaw.com has Ca. lawyers listed. foreclosuredefensenationwide also has associates in Ca. Fees ? These are lawyers who “Get It .”
Article in LA Times for Mortgage service bill of rights. Thinking along these lines w/ recent discussions. Haven’t reviewed in detail but wanted to get it out there.
I read it, and it is crap. There are already state settlements with the lenders that call for the same mandates. They have not been abided by. I live in MA, as part of the Countrywide settlement, there was supposed to be principle reduction. This has not happened, and our AG does not and will not follow through with the settlement agreement.
The only way the banks are going to pay attention is when they start getting locked up. Until then, the agreements are not worth the paper they are written on.
That’s just my personal view.
HammerTime
March 20, 2011 at 9:04 PM
I see your point. Seems a bill of rights puts a different context. What you are saying about MA and Countrywide could be part of the case for it and points out weaknesses of this version.
Tim Bryant
March 20, 2011 at 9:11 PM
In MA, the AG is in effect, making a settlement, for violating a prior settlement, for violating the MA state laws. Hey Martha Coakley, can you be a little more blatant in your attempts to cover up for the banks?
Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land protecting individual persons from the state. When a government harms a person without following the exact course of the law it constitutes a due process violation which offends against the rule of law.
Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so judges – instead of legislators – may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government shall not be unfair to the people or shall not abuse them physically.
This paragraph came right out of the “Constitution of the United States”. It would seem that what is happening with the bank’s unlawful seizure of property belonging to citiziens of the US and then laws being enacted and changed to accommodate these illegal activities would be a really good case for the ACLU. Isn’t that the basic purpose of the ACLU defense of basic constitutional rights? Just a thought.
This is what the government thinks of the Constitution…
Rex 84, short for Readiness Exercise 1984, is a contingency plan developed by the United States federal government to suspend the United States Constitution, declare martial law, place military commanders in charge of state and local governments, and detain large numbers of American citizens who were deemed to be “national security threats”, in the event that the President declared a “State of Domestic National Emergency”. The plan stated that events that might cause such a declaration would be widespread U.S. opposition to a U.S. military invasion abroad, such as if the United States were to directly invade Central America[1][2][3][4][5][6]. To combat what the government perceived as “subversive activities”, the plan also authorized the military to direct ordered movements of civilian populations at state and regional levels.[7]
Rex 84 was written by Lieutenant Colonel Oliver North, who was both National Security Council White House Aide, and NSC liaison to the Federal Emergency Management Agency (FEMA), and John Brinkerhoff, the deputy director of “national preparedness” programs for FEMA. They patterned the plan on a 1970 report written by FEMA chief Louis Giuffrida, at the Army War College, which proposed the detention of up to 21 million “American Negroes”, if there were a black militant uprising in the United States.[1] [8] Existence of a master military contingency plan (of which REX-84 was a part), “Garden Plot” and a similar earlier exercise, “Lantern Spike” were originally revealed by journalist Ron Ridenhour, who summarized his findings in “Garden Plot and the New Action Army.”[9]
Rex 84 was publicly mentioned during the Iran-Contra Hearings in 1987. [10][11] Transcripts from the hearing in the New York Times record the following dialogue between Congressman Jack Brooks, North’s attorney Brendan Sullivan and Senator Daniel Inouye, the Democratic Chair of the Committee[12]:
[Congressman Jack] Brooks: Colonel North, in your work at the N.S.C. were you not assigned, at one time, to work on plans for the continuity of government in the event of a major disaster?
Brendan Sullivan [North’s counsel, agitatedly]: Mr. Chairman?
[Senator Daniel] Inouye: I believe that question touches upon a highly sensitive and classified area so may I request that you not touch upon that?
Brooks: I was particularly concerned, Mr. Chairman, because I read in Miami papers, and several others, that there had been a plan developed, by that same agency, a contingency plan in the event of emergency, that would suspend the American constitution. And I was deeply concerned about it and wondered if that was an area in which he had worked. I believe that it was and I wanted to get his confirmation.
Inouye: May I most respectfully request that that matter not be touched upon at this stage. If we wish to get into this, I’m certain arrangements can be made for an executive session.
Exercises similar to Rex 84 happen regularly.[13] For example, from 1967 to 1971 the FBI kept a list of over 100,000 persons to be rounded up as subversive, dubbed the “ADEX” list.[14]
The basic facts about Rex 84 and other contingency planning readiness exercises—and the potential threat they pose to civil liberties if fully implemented in a real operation—are taken seriously by scholars and civil libertarians.
Katheryn
March 20, 2011 at 9:30 AM
A retired judge I know warned about these FEMA camps 2 years ago. He also warned me of many of the things you and others have warned about concerning our freedom as well as our monetary system. Unfortunately, taking away our basic freedoms can be easily hidden under the infantesimal layers of “so called” protection. Just as the government needs spies so do the common people to protect us from our own government. How very sad.
Tim,
I saw the article about the consumer board you posted. Honestly that really is the mentality of our government.
You want to protect our neighborhoods from crime ? Hire a parole they certainly have a great resume !
Mr. Mullings is President and CEO of the Mortgage Electronic Registration System, Inc. (MERS), established in February 1996. MERS is a national registration system that tracks mortgage rights for the benefit of consumers and the real estate finance industry. The idea was conceived by a technology committee of the Mortgage Bankers Association of America (MBA).
It’s like whack-a-mole. Every place their ugly heads rear up, you have to bash them back down….LOL
losing my home in florida
March 18, 2011 at 8:18 PM
@ tim do you think ben ezera the lawyer in florida who has not turned their files into fannie mae is trying to start a law suit against fannie mae and the big banks for making them falsify documents. maybe they refused the pay off stern refused. the probably told stern to take the brunt hit and we will give you so much money. maybe ben ezera got the same letter and refuses the pay off. he knows all thes people have been scammed the appraisals were all fake. to many people in jail for mortgage fraud but no one from the big banks that told the appraisers if oyu do not come in=at selling price no work. basically what happened to ben ezera stern ect. if oyu do not fudge the paper work we are missing no work
so ihope ezera does not cave and gets a lawsuit going. that would be great. my daughter makes a wish eveyr day on 11:11 am or 11:11 pm please make a wish for all of us this is going to be a long laboriious road fo rme and my family.
Tim Bryant
March 20, 2011 at 5:40 PM
I believe that they MAY be using this information as leverage against Fannie Mae. Fannie will only be able to proceed so far in this complaint if there are fraudulent practices involved. For those 15,000 homeowners, I hope this stays in court for years.
So now we get to what this is possibly all about. I’m thinking out loud….the government sits back and lets the banks make billions of dollars defrauding the homeowners and investors.
Huge profits are realized and pockets are well lined.
They take home ownership away from the middle class grabbing up the homes now from the banks. Banks don’t care have already made triple on each home.
Banks turn homes into rentals forming huge coroporations that will make tons on investment properties that have been revalued down to nothing, therein owing less property tax and will have all kinds of tax shelters.
Poor sorry middle class will now become renters who will now have their largest tax deduction taken away. Shabazz….brilliant…..look at the upped tax revenue. Again, as always in this country, off the backs of the middle class!
I really hope that I am way off base……..!!!!!!!
TC
March 18, 2011 at 11:29 PM
Katheryn – I think you’re spot on (unfortunately)!
The only part that still puzzles me a bit, is why there aren’t more Congress people fighting for the tax losses in their repective states from declining property values. (?)
TC
March 18, 2011 at 11:33 PM
Oh yeah – and with every foreclosure, it attempts to wipe the fraud off the books. I think that’s why Timmy G and Obama want this dealt with quickly.
Tim Bryant
March 23, 2011 at 11:10 AM
I think we need to find out how the transactions between the banks, trusts, and/or investors legally transfers the property to the government. Does HUD do a complete title examination? Is the property already contracted for during the course of the proceedings? (then the government would be the true owner, and any foreclosure action would be a violation of the Takings Clause). Do you ever get the feeling MERS is hiding this as well.
I think I may move to Canada. They don’t seem to have these issues…..LOL
@ TC great point on tax revenue issue to raise with Congress. One of my goals is to use high cost loan data to put a spotlight on foreclosure impact on areas. Tried to use in local election but hope to address with Maxine Waters and own congress person. Hopefully can develop further as I’ve been saying. Difficulty is we are all working on our own “dual tracks” trying to survive while trying to raise the issues.
I am furious. I was in my office when I heard a voice and went to see who it was or what it was. I walked into the living room and there was a woman leaning over my husband who was a sleep on the couch, he is recovering from cancer and had his voice box removed 06/08/2010 everything that could go wrong did and he did not get out of hospital until 11/10/2010.
He can not speak or hear, he was looking around for me like a caged animal. This woman turned around a handed me a flyer and said “You Need To Call U.S. Bank” I said “no” she said she would tell them.
My seven yr old told me in told her to come in. Well he knows better, but thats not the point, Where I come from you don’t go in anybodies house without an adult inviting you.
Have they been in here before? We live in the country never lock the doors, but I will now.
Called the sheriff, they were really nice but son let them in, so they can’t do anything.
I’m so sorry for your family. That is horrible! There is going to be some really bad incident and someone really getting hurt or worse if the banks continue to behave this way. I feeeeeeel it coming!
The SEC is attempting to make the mortgage mess even worse. They are proposing “risk retention” in securities, where issuers retain an interest in the loans. Add another party that will have their hands in your mortgage.
I am amused by this statement in the proposal..”We understand that the isolation of the assets comprising the pool from claims of other creditors is important to ABS investors.” The SEC wants to help hide assets? Then they toss in this statement, “The proposed shelf eligibility condition would be to hold an interest in all the securities sold to investors and not the underlying assets directly nor the residual interest. ” This must be their MERS proposal where an unknown interest is held, except the principle or interest. Can anyone define yet what this unknown interest is, if it does not include the assets or interest? This will make the MBS shell-game worse than it already is. Uncle Sam has your back!!!
What is bemusing is, given this proposal, there will never, ever, be a TRUE SALE. The SEC is setting up investors to take a pounding. Go for it !!!
Interesting along w/ agreement below on assumption of valid signatures etc.
And w/ post on MERS…what a tangled web…interesting it’s dated ’97. Would be interesting to connect the dots from previous scandals, the players to politicians/policy.
@ Katheryn I’m w/ you 100% esp on your comment to Losing Home in FL. I would just say it’s beyond Republican/Dem and we need to see how much power corporations have taken the past 10 years and control of media, campaign financing etc. It makes you wonder but there are some good people on both sides of the aisle and in courts that hopefully will be part of the fight.
Interesting article today on WaMu exec lawsuit. Raises lots of questions along these lines.
You are correct. There are good and decent politicians and legal professionals out there. The sad fact is that they are goldfish swimming amonst the sharks and it is hard to stay in the game. We should all make an effort to single these folks out and let them know we recognize their efforts. A little recognition goes a long way in showing that we appreciate them. Sadly, I feel there are far too few, as the good ones get out of the ocean of sharks before being eaten. That is what our political system has come to….no longer for the people by the people. That’s what we need to take back but the real problem is HOW?
HammerTime
March 18, 2011 at 6:10 PM
Exactly what I’ve been thinking about. Hoping I can use my data resources to single out main offenders by local community. If an area was abused we single out any lender or politician it corresponds to no matter if they’re Repub, Dem or a nice guy or gal! The thing we have left is public pressure. And they will worry about perception. We should all write a letter or call in to Kay’s bank and rep and post wherever we can!
Katheryn
March 18, 2011 at 6:26 PM
If you need help in writing letters or research or anything, give me a shout. My strength is not taking the lead at things, but I’m a good helper!
HammerTime
March 18, 2011 at 7:45 PM
@Kathryn – Will do. There’s some good people on here. Could make a good team and help people out. My meeting w/ lawyer is tomorrow and I’ll be assisting a family w/ their case. I’m working on some ideas and will run them by you. How should we exchange emails?
Katheryn
March 18, 2011 at 8:46 PM
@ HammerTime I’m working tomorrow so I might get to read your up-date, but I probably won’t be able to answer. Do let us all know how the meeting goes. You mention meeting with your attorney and a family. Are you with a mod company? I agree there are good people on this site and hopefully we can do some good while making some progress against these horrible banks. I was also giving more thought about this “deadbeat” homeowner mentality of just wanting a free house. The fact of the matter that in many cases these banks have committed crimes tends to get lost when compared with some deadbeat getting a free house. I guess to many, it is like the killer who walks free based on a technicality. The anger attached to the killer getting away with murder makes one loose sight of the legal protections behind the “technicality”. That is why I keep saying we need to get the information out there that shows the negative impact this has on everyone in far reaching ways. We also need to publically shame our politicians and court systems who are turning a blind eye to outright crime. A good start could be a letter to each state’s county clerks on how much revenue has been lost due to MERS along with a copy of the letter to all local newspapers of each county. This is how you get the general public roaring. There are so many out there who would not have a clue what MERS is. If you asked people at random on the streets, you would probably get answers from a “planet to a new candy bar”. They are clueless that it has allowed banks to reap more profit at the expense of their county services. As painstakingly as this process is, it is how you get to the local people. Can we get 60 minutes or one of these news shows do a segment on it. My background is marketing and as trite as this may sound, you need a really well coordinated marketing campaign against the “deadbeat homeowner” mentality. This is not an easy task!
In our examination, we have assumed the genuineness of all signatures, the authenticity of all documents submitted to us as originals, the conformity of all documents submitted to us as certified or photostatic copies to the original documents and the authenticity of such documents. We have assumed that any documents executed by any party other than the Company are the legal, valid and binding obligation of such party. As to any facts material to the opinions expressed herein that we did not establish independently or verify, we have relied upon the truth, accuracy and completeness of the statements and representations of the Company, its officers and other representatives, the Trustee and others. Whenever the phrase “to the best of our knowledge” or “of which we are aware” is used herein, it refers in each case to the actual knowledge of the attorneys of this firm involved in the representation of the Company in this transaction.
We express no opinion as to the effect of the laws of any jurisdiction other than the laws of the State of New York, the General Corporation Law of the State of Delaware and the federal laws of the United States of America.
I agree 100%, strength is in numbers. However, I can’t agree with the focus of your efforts. In know the theory that honey gets more….but there is also the knowledge that a bully only knows one thing…to be bullied back into place.
I was turned down for mods several times but was approved for a HAMP refi. Our ratios were 48/85. They charged us over ten grand in points and fees to lower our payment a couple hundred dollars a month. They knew when our savings ran out we would default. They were also given TARP money for funding this refi. This was a travesty. I would like to know how we could possibly been approved for a refinance which added money to an already underwater loan balance, but not qualified for a mod. Steve – do you honestly, in your heart,, believe that they did not know exactly what they were doing? Do you honestly believe that I could be a supporter of any government supported program with regards to the banking industry? A real mod would have made a real difference then. This is along with all the other fraud and errors in my loan docs. I saw one of your posts Steve, wherein you mention the courts don’t yet understand the whole bank fraud concept yet. I’m am sure there are lots of cases that come before courts, wherein the judge must get himself/herself up to speed. This is not an excuse to completely turn the other way and rule in favor of those blatantly breaking laws left, right and sideways as they continue their escapades. What in the world would make you think that they would suddenly be trustworthy when they have gotten away with so much. Do you think that had Bernie Madoff just quietly walked away with billions because the legal systems just didn’t understand how his ponzi scheme worked he would not have continued with another money fraud scheme? People and corporations that will steal anything from anyone do not suddently wake up one day and say..wow, I hurt a whole lot of people, I will not break the law anymore. Riiiiiiight. I’m sorry, there needs to be punishment and redress not additional ways to rip off already down and out folks. You should focus the efforts on letting the public know just how corrupt their government really is and how this effects all of them even if they are not in the midst of their own foreclosure crisis.
I’m don’t mean to be offensive in regards to your cause, I just feel it is misdirected, overtrusting and far too mamsey pamsey in regards to how truly criminal their actions have been and will continue to be.
I mostly agree with your post but I would say we need to aim our energy at the “big banks” and the corporations sponsoring the corrupt politicians and judges and not over reach and focus on government in general.
Katheryn
March 18, 2011 at 12:58 PM
I’m sorry to disagree and wished that I could disagree but the facts lead me to believe that the government was and still is protecting the banking industry as well as the judges and politicians. We the people expect a government to uphold the constitution. This is what we expect and this is what we pay hard earned tax monies for. If I were to believe the premise that the Feds had no idea that the banking (notice I didn’t use American before banking) industry was riddled with fraud and abuse…then it seriously needs to go. It really doesn’t have the wherewithall to even run a peanut stand, much less the USA. I believe the Republican stance that the government is far too big to be efficient; the right hand has no clue what the left hand is doing in most cases. That is very frightening. On the flip side, I do not agree with the Republican stance that there needs to be less regulation. How could there possibly be less regulation then there is now??????????????????
We need to CLEAN up and CLEAN out the current system. You cannot have less regulation and this situation and the Enrons and the Madoffs…are the reasons why. For the most part neither individuals nor corporations “just do the right thing” when it comes to the almight dollar. They just don’t. That was back in the day….not now. Sad but a fact.
Your position that I should blame the banks more than the government. Lets look at that closely. If you owned and operated a big corporation and suddenly found out that the middle managers of your company had embezzled lots of your hard earned money and that of your employees through their stock in your company. Do you think that your employees would just blame your middle managers or would they hold you accountable. Would you take the same position and cry “that isn’t fair, I didn’t know”, or would you stand up and shoulder the blame also? In this analogy I use the premise that you really did not know, but you would still be accountable.
I assure you that too much has come to light and been proven to suggest that the government knew what was going on and for whatever reasons, let it continue. My example above is not entirely on point in that the government does not own the banks but it got envolved and did nothing to address, stop or correct the biggest ponzi scheme ever, which does fall under the governments jurisdictiion. No, I’m sorry, no pity or going light on the government. I actually feel they are even more at fault. Unless I hear or read factual information that changes my mind, I have lost all respect for our government.
Tim Bryant
March 18, 2011 at 3:29 PM
Found this on the Fed’s website. It was too funny not to pass along. Let’s see, the CEO of MERS was on the Fed’s Consumer Advisory Council? Because when I think of protecting consumers, I think of MERS….LOL
If the banks are allowed to settle for their criminal acts, maybe Madoff will petition the court to “pay off” the rest of his jail time, and he will enter into a “settlement agreement” with the state AGs to rid himself of those pesky claims of investors who were swindled.
Re: Difficulty in finding trust data via SEC’s EDGAR system —
The trust listed in our foreclosure notice (where our mortgage supposedly was placed) has EDGAR data filed up until 2008. Thereafter, the trust filed notice w/the SEC that it was eligible for an exemption from reporting under an Act of ’34 rule (Securities Act). I looked up the Act and it looks like if the offering involves no greater than 300 investors (if I recall correctly), it is exempt from reporting. So, that can make finding data difficult, for sure.
I am a compliance “geek” by trade but not an expert on securities offerings…but can manage to wade thru rules and regs on that side of biz. If memory serves me correctly (and as middle age sets in…it doesn’t always), I think these smaller offerings still have to be filed w/the various state securities regulators (where offered) and I think if the investors number over 100 (? may have changed)…so these state regulatory offices may be a helpful resource in locating smaller trust info. JUST A HUNCH….
California Foreclosure Losses in Billions, Lawmaker Wants Banks to Pay
03/17/2011 BY: JOY LEOPOLD
According to a community advocacy group in California, home value losses from foreclosed homes in California have cost a minimum of $632 billion, and could end up costing as much as $1 trillion.
The Alliance of Californians for Community Empowerment (ACCE) released a report on Thursday detailing the cost of the foreclosure crisis in California.
California is considered one of the “hardest-hit” states in the country, and according to the report, one in every five foreclosures in the United States is in California. Nearly a third of mortgages in California are underwater, and there have been 1.2 million foreclosures in the state since 2008.
The alliance says the loss in property tax revenue is nearing $4 billion, amounting to a $2,058 property tax loss per foreclosure. Not only that, the group estimates that foreclosure-related costs that get kicked back to the government amount to $17.4 billion, or more than $19,000 per foreclosure.
The advocacy group is doing what it can to stem the money that seems to be endlessly hemorrhaging from the state.
ACCE has teamed up with a California assemblyman who is proposing legislation that would force lenders to pay $20,000 for each home foreclosure they initiate in California.
Assemblyman Bob Blumenfield (D- San Fernando Valley) said the money would go to local schools, fire departments, and other community services, in an effort to make up for lost property taxes and other state expenses that arise from foreclosures.
According to the ACCE report, 53 percent of property taxes are allocated to school districts and community colleges. The other 47 percent is allocated to community services through special districts, cities, and counties.
The group said there was an estimated $627 million loss in property taxes in California during the 2009-2010 fiscal year.
This is the reason we all are losing our homes. Government fines would do nothing to help the homeowners in foreclosures. If the morons had just been that concerned about the bansksters………
Politicians are not doing anything to help the millions of homeowners that are underwater. They just keep thinking of ways to line their own coffers, It’s just Sad !
The most frightening of all of this and what the general public does not realize is the fact that there really are “NO” Laws. Laws are created or absolved by the Federal Government. That is true dictatorship when the common citizens really have no right to due process unless given permission by the government. What is a crime for an independent citizen who would be tried and prosecuted would be no crime at all if committed by those (people/corporations) of wealth. Next will be once we are charged, our right to a trial will be taken away.
A crime is a crime is a crime.
This is absolutely insane and a new press campaign should also be aimed at getting this message out to the general public. The more general public rage and anger the more pressure it puts our dictators. Perhaps it is too late and there is no hope 🙁
@ kathryn thank you you are right i feel so alone. lawyers dont even want these cases. they know we have fraud. they the big banks semm they could do what ever they want to us. this is so stress ful . how can a bank constantly fraud the same person. why are they doing htis to me. i know they want the money from hamp, they want the foreclsoure money, its so sad they are trying to double dipp i have finally cought on.
scared thought . love where i live do not want to lose my home buti will fight
Katheryn
March 17, 2011 at 7:34 PM
don’t feel alone, you’re not. So many of us. Do the best you can but never never ever let them take your spirit. A house is a house, where you live is where you make it Home! We all need shelter and we will all fight the good fight. One way I cope is that I’m am a planner. I feel more in control when I have plan B in the works if plan A fails. I also have a deep belief in god and I never feel complete despair as I always trust that things will work out one way or another. Where one door closes, if you let it, God will open another. I’ve been through worse situations and usually come out standing on my feet! A bit wobbley, but nonetheless, standing.
I know there are no lawyers in my state that will take these cases. Who knows why, money I guess. But you are in Fl and I think there are more resources and lawyers there that can help. Keep searching, ask for strenght from above and you will get through this.
TC
March 18, 2011 at 11:57 PM
You’re definitely not alone. There are a few million of us. Unfortnately not everyone has the stomach to fight.
i’m sure you’ve heard of the National WAMU group – they are fantastic! even if you don’t have a Chase/Wamu loan. Some of the wonderful people who belong to that website group have been fighting this battle for a few years. When I joined them, I felt like I suddenly had several hundred friends who all understand what I’m going through.
there are angels amongst us. thank you for your words of wisdom. actually god provided. before imoved to this part of florida 300 miles north of miami , i lived there for 30 years moving north from miami to hollywood, fl (you can see the city on the east coast near ft lauderale) we had bought anew home about 25 miles west of miami and fl has a strange tax law with new houses. the 1st year you pay for the mpty lot the 2nd yr your reassessed well we got a 7k tax bill. yes i cried and new we had to move. we sold. and moved here 300 miles north and now here i am going into foreclosure because the job market has been horrible. but on the positive side foreclosing down south where would we live some disgusting roach infested duplex?? thats all that would be affordable here in hernandp county there are new homes being rented for 800-900/month about 500 dollars less then my mortgage . there is a community not far from where i live with nice homes even where i live there are homes that price. so its not all bad its just me and my husband put our 20% down we do not want to walk away but the modification process was more than i could handle. losing paper work , putting me in foreclosure, the lieing. i am a wreck, i told my husband that is is positive because he needs to retire in 10 yrs and this house would have been to expensive. so now i just have to find a good attorney to take our case. i cant get one to call me. florida is just so corrupt our judges other then a few allow them to take our house so now we have such a decrease in property values. noone gets the relation or they but its ignored. so thank you for advice i am just not doing very well. this has consumed my life.
Katheryn
March 17, 2011 at 8:03 PM
We also put down 20% and that is gone plus we are still underwater. Even foreclosures are not selling. They are not being truthful about how dire the real estate market really is. So many of us have lost our retirements as well as our savings. I’m still alive, healthy, maybe not always happy but fairly content even in the hard times. Keep your chin up, always try to be thinking of a back-up plan and don’t give up. I know it’s hard…believe me I know…but I look for the things to be thankful for so I am not always dwelling on the bad 🙂
Everyone, there are very knowledgeable people on this site passing on their information to help others in these very difficult times. I applaud their efforts, research and analysis which can help many people. I support these efforts but I look at it a little differently with regard to what can we do. Unfortunately many people do not have the financial resources to take legal action – its a shame but that is the reality of it.
We take the approach of let’s change what can be changed to try and save our homes. Action needs to be taken quickly to help as many people as possible including yourself. These action must be achievable, they must be focused on the people that can make these changes. Hopefully all these legal challenges will have an impact at some point but there are obstacles in the way before new rulings in the courts will impact in great numbers.
18 Senators sent a letter on Mar 3rd to request changes in the modification effort. A bill (S.489) was introduced by Senator Reed from RI that is pretty good legislation. These Senators need our support and they need it now. Our SAVE OUR HOME effort is an attempt to support both of the above actions. The Senators have a plan for implementation in their hands.
We need thousands of people to let these Senators know they have support. We must convince other Senators, than the House to join this effort. We the people can make that happen if we try but it takes effort on our part. We have a plan to bring this pressure but we need the numbers to be effective.
This is not just call your Senator or Congressman campaign because your Rep may not be that important at a specific time. Your efforts will be better spent on a specific Senator who can make this happen. I invite everyone to visit and join our effort at http://aahmp.blogspot.com/2011/03/what-we-need-for-soh-to-succeed.html
Some people may think we have small goals – they feel we have to bring down Wall Street and make them pay both financially and criminally, this may be true but it is not going to happen anytime soon. Let try to change what can be changed.
Just for some people who disagree with modifications, Senate bill (S.489) includes a provision where a owner does not give up their rights if they get a modification.
You are correct. Your right to a trial will be next. You need to research “Rex84” on the net. The government already has plans to suspend the Constitution and declare martial law. http://en.wikipedia.org/wiki/Rex_84
While this may scare you, it should be noted that it would never work here. There are some critical contingency plans that were overlooked. Military forces only operate functionally on foreign soil, where their identities (and families) are unknown to the force they are trying to suppress.
In some states you have the authority to do a “citizen’s arrest”. Each state varies on it’s requirements. I could not do that here in MA as the requirements are very strict. May be worth checking out. Remember though, you assume all the liability for a false arrest.
CUSIP (owned by the American Bankers Association) letter to the Treasury Dept…..January 2011…..Statement on Legal Entity Identification, and Data Record Keeping for Financial Contracts
If the security instrument you sign with MERS, already has a MERS MIN assigned to it, hasn’t the lender already assigned the loan to MERS without you consent? What is the actual purpose of the security instrument when this occurs? Also, by that point, it is an adhesion contract. The deal has been done before there is any agreement between the borrower and MERS. So then, where is the assignment from the lender to MERS?
This would seem to be an equitable defense (only against the assignment). This would also open up discovery as to how the assignment occurred prior to the contract. Also, did MERS transfer the mortgage BEFORE the deal was done? If so, was the stated lender on the note, even the true beneficial owner of the note at the time it was signed? I just noticed this while going through my docs……curious
http://www.sec.gov/ This is the site to the Securities and Exchange Commission. There is a lot of good info to look at. This includes EDGAR filings, and disciplinary actions that may affect your case (such as injunctions, restraining orders, etc.). You can even contact them or file a complaint. You can read the laws that they enforce. If you read them, they are so vague that “a person” can be defined as a borrower / homeowner”.
If you have a Countrywide loan between 2004-2007, look at the Settlement Agreements that were made between the SEC and the Execs, and the bank. There is an estoppel created by some of these orders. There are other banks as well.
http://occ.gov/ This is the site for the Office of the Comptroller of the Currency. They are the overseers of the National Banks. There is a lot of good information in here as well.
Thx for the posts; hope you’re doing well with your surgery.
Tim Bryant
March 17, 2011 at 5:20 PM
Thanx for asking and the support. I have to stay in the fight. This country is going to hell in a hand-basket because of all the corruption in our government.
I would like the 50 state AGs to tell us what laws actually apply anymore. These bunch of idiots should just resign and let people with a lot more intestinal fortitude take over.
Sorry if I sound pissed, but I really am. These AGs need to be publicly disgraced. What a worthless bunch of individuals. They prosecute the average Joe for some really stupid violations of law, but when a huge criminal racket is exposed, they want to negotiate with them? Give me a break.
When the rule of law is gone, so isn’t the ability to govern it. I haven’t read in any law that fraud could be negotiated. Can any other crime that we are not aware of? To all state AGs, tuck your tail between your legs, and crawl back under your rock !!!!
I read your views on the AG, and my AG was about as much help as a box of cut hair. He never responded for the longest time, then I was given a “mediator” who PNC didnt respond to then they referred me to a Consumer Advocate lawyer in West Virginia, that we made too much money to obtain????????????? Then they gave me an attorney from the referral list, and he would not take my case? and I have not heard from his office yet? PNC sent me an 8 page letter after the AG contacted their office, stating that everything that happened was my fault. BIG help? I filed a complaint with the OCC, they called me on Oct 8/2011 and PNC offered me a deal on Oct 9/2011
There are federal laws relating to transfer of land title. 18 USC s. 1021, makes it a crime for,
Ҥ 1021. Title records
Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both.”
Here is a link to the Fraud and Falst Statements statutes under the United States Code….
tim do you know anything about these hamp mods. i heard people are gettting approved so the bank gets the 1k and then we pay for 1-2 years and in the mean time fighting foreclsoure anyway. they are stealing your money in the process. i told to wells fargo that because i asked to be taken out of foreclosure before i reapply for hamp (they denied me because they “lost” my paper work” ) she sadi they can not do that they approve people for hamp and foreclose at the same time common procedure.(dual tracking) she had the audacity to tell me that if you end up losing the house they refund all the money you paid into hamp.????????????????????????? ditsy blonde i guess
now i have wells fargo calling me off the hook. i have been scammed “lost paper work” so they can deny me, put me in foreclosure. put me back in loss mitigation so i can reapply for hamp and they collect another 1k. doesnt obama know whats going on its all f raud. how are the judges taking this crap and what do i do about wells fargos calls do i submit paper work and play the game? i called 3 lawyers waiting for a call back help me
ps hope your feeling better hope it wasnt anything serious because we need you around here
Tim Bryant
March 17, 2011 at 12:46 PM
Depending on who your lender is, and whether you believe in their promises plays a large part of the process. READ the entire loan modification proposal.
I still believe that you should treat a mod like any other mortgage doc. Have a lawyer look at it, and explain what it means in YOUR context.
Dual-tracking does happen. Legitimate mods also happen. You should try to negotiate the terms of the mod to prevent them from dual-tracking.
If you call you state bar association, they usually have a referral line. You could have a consultation free of charge. I would at least start there.
Hope everything is OK and you feel well soon! Please worry about yourself right now and get lots of R&R. You spend so much time helping everyone….just take the time you need to get better.
Temporary Restraining Order against a mortgage companyIn nonjudicial foreclosure states, mortgage companies do not have to bring a lawsuitagainst homeowners in order to sell the house at a county auction. If the borrowersbelieve that the foreclosure is not warranted, they will have to bring a lawsuit themselvesagainst the bank and prove that the house should not be sold. Obviously, this makesdefending the lawsuit impossible, as the owners would have to bring the fight into courtfirst and the bank would be on the defensive.But bringing a lawsuit against a lender to stop foreclosure can be a costly and confusingprocess for most homeowners. They will have to follow a number of steps just to havethe sale initially halted, and then attempt to prove that the foreclosure should not beallowed to go forward at all. This involves bringing a lawsuit, getting a temporaryrestraining order, posting a bond, getting a preliminary injunction, and finally getting apermanent injunction against the bank. The first few steps will be examined in thisarticle.This is almost certainly an area of the law in which homeowners would wish to hire anattorney to represent them or, at the very minimum, have attorneys do research to helpthem build their case. Unfortunately, though, foreclosure situations are one of the times inmost borrowers’ lives where they can least afford to hire a personal lawyer. Bringing alawsuit initially against a bank will be an in-depth process, and doing only the first fewsteps may only result in a delay of a few weeks.To begin the lawsuit against the mortgage company, homeowners must sue both thelender and the trustee. They must also request that a judge stop any foreclosureproceedings until the homeowners are able to argue why they should not be allowed to goforward at all. The first step will be to request that the court grant the owners aTemporary Restraining Order against the lender, barring it from moving ahead with theforeclosure.It may be quite simple to get a Temporary Restraining Order against a mortgagecompany, since the basis for granting one is that the party requesting it would suffer “irreparable injury” if it was not granted. Losing a home to foreclosure is usuallyaccepted as irreparable injury to homeowners, but this action usually only puts theforeclosure on hold for a period of a couple weeks, at most.However, some courts may require that homeowners post a bond for the TRO to begranted, and if the bond is prohibitively expensive, it can hurt the borrowers’ chances of getting a fair hearing in court. The bond is designed to protect the bank against economicharm if the owners do not have any legitimate reason to request that the foreclosure behalted, and they can be costly, in some instances.
Thankfully, homeowners who have suffered a financial hardship may be able to get thebond requirement waived. Having low income is one convincing argument for a waiver.But borrowers will also have to show that the lender will not suffer unreasonable harm if the foreclosure is delayed, or if it can be protected some other way (like if the ownersmake reasonable monthly payments while the lawsuit is ongoing). Also, if the validity of the mortgage is in question, a waiver may be granted. Banks suffer no harm as a result of the homeowners’ actions if the mortgage is not valid in the first place.Once homeowners are granted a TRO and have their bond requirement waived by thecourt, the next step will be getting a preliminary injunction against the bank. If this isgranted, the homeowners may have already won the war, as the rest of the legal processmay take several years. But the final step would be to obtain a permanent injunction,which would not allow the lender to pursue foreclosure against the house
To Mixson Jenkins :
Thank you for the information and I hope homeowners will benefit from it. With pressure being put on foreclosure mills, maybe those lawyers can now help homeowners fight the good fight. Foreclosure lawyers helping homeowners is the Honorable job. There’s no more Honor left in the courts.
Side-note; Even in “non-judicial” states, there has to be notice given to the court by the person seeking foreclosure. As soon as you become aware, get copies of those docs. You may need them at a later date and time.
Tim Bryant
March 20, 2011 at 5:03 PM
One may even claim that NJ foreclosures are illegal under the 14th amendment. The constitution requires due process for the judicial branch to strip you of your property.
Lawyer I spoke w/ yesterday mentioned if my previous loan was w/ WaMu can’t seek damages due to settlement w/ FDIC. Not clear if it applies to me yet. May have also only referred to RESPA. Another thing to look out for.
To John ;
Seems like we both did the same thing before we invested more money into the whole package. The Ann Arbor Suit is just the generic printout on the Title Search Report that everyone orders. If you go to the luminaq.com and look at the Title Report Search SAMPLE, you’ll see the Ann Arbor Suit there on page 7(?). The same one we both received. In today’s , livinglies.wordpress.com there’s comment as to why the TRUST NAMES are NOT pinpointed. It would make sense if we didn’t pay for that info, but I would hesitate to keep purchasing if the TRUST on my LOAN was not more PRECISE.
I had so much faith in Neil Garfield’s packages,but I’m hoping this problem will clear up.
Loan origination 2006. California. American’s Wholesale Lender (Countrywide, but on my loan docs as American’s Wholesale Lender)- is MERS, securitized. 10yr. Interest only loan with 20% down.
Original trustee: CTC Real Estate Services, Loan is now serviced by Bank of America. Applied for mod – denied 2X in the past. After not paying mortgage for several months and sending QWR, B of A sent a trial mod offer. I haven’t claimed bankruptcy (yet).
Trial mod offer I just received (barely affordable and lowers my payments by not quite 1/3rd) outlines 3 payments of trial but doesn’t state ANYTHING about what is principal, what is interest, what is escrow. It also states that there is no guarantee even if I complete the trial mod and get approved for a mod what the eventual payments will be.
Loan is underwater by approximately $170,000.00.
I am really wary of signing this trial. Wouldn’t signing it admit my original debt?
Primary questions –
Can I / Should I counter the trial offer?
If I file a Quiet Title, what are the ramifications?
Does a Quiet Title close all back doors if BofA can’t prove they hold the title?
Any recommendations for finding a lawyer in southern California who helps with Quiet Title? I’m not confident enough to file this on my own. I don’t want to jeopardize my chance to save my home.
Please share your thoughts on this trial mod offer. I know “Dual Track” Foreclosures are still happening.
In my experience with a 3 month forbearance agreement…the lender offering you this option, probably cannot show you the note or mortgage, thus, they cannot offer ANY loan issues whatsoever….but they will take your money and decline the mod after you made all payments, on time and accepted!!
Why? Who the hell knows, this is just what the lenders and their servicer’s are offering to get every drop of money out of us!! It’s a scam and it’s so not right but we homeowners have to fight them in our Courts around the Country in hopes that the Judge assigned to you case…”GET’S IT”…some do and some don’t…it’s a crap shoot in a crappy situation we find ourselves in!
Fight On!! but don’t sign anything!!
LOL
Elyse
HammerTime
March 16, 2011 at 3:13 PM
Exactly! Don’t sign anything has become my internal motto!
losing my home in florida
March 16, 2011 at 3:34 PM
well found this web site to late. i signed a mod with wells fargo 1/2010 after being turned down for hamp after months of applying and lost paper work and resending all to rack up 10k. they denied me and put me inthis take it or leave it mod that they newi could not afford. so i defaulted again in sept when my husband got sick. now i tied to apply for hamp again. same run around lost paper work. running up my totals. i think we are done. going to take them to court. i cant stand the constant ineptness of losing paper work it is such a scam and hte people that work for them are like hitlerss henchmen. helping these evil people. now i know way to much. they should have approved me for hamp f=befroe i ofund out he scam. didnot know people were approved and then pay 1-2 yrs and then denied and foreclsoed on. no not happening to this chick. they can have the house before they commit fraud on me the dogs. the person of contact wants me to “resend” my fed ex with a tracking # , signee. just so they can approve me now that i am in foreclsoure and get every morsel of money out of me i am truly scared fo rmy life please help
First thing you do is find a lawyer who ” Gets It .” Jeff Barnes has associates in Ca. and his law firm Gets It .” http://www.foreclosuredefensenationwide.com . Also, Paul Nyguyen(?) is winning cases for homeowners. Fees ??? Read these Posts, people will help you.
This may or may not help you. It came out today.
“Ca. Judge Grants “TRO, Servicer Questions Respect To Fraud Claims”, Cruz v. WaMu.
For quiet title, you must also prove that you were the last person with clear title. You may find some snags in this if you do not research the transactions that occurred prior to your purchase. That is why I have not done it. MERS has so screwed up the title on my home, that I cannot even claim clear title due to previous transactions.
TC
March 20, 2011 at 8:23 PM
Thanks Tim! – wow, I didn’t think of that with Quiet Title. The homeowners before me were only in the house for like 2 years (early 2000’s – probably MERS). I bet that wasn’t clear either, and they had a WAMU loan (more fun).
Hope you’re feeling better.
Thanks Eugene and everyone for your responses. Good advice!
Tim Bryant
March 20, 2011 at 8:32 PM
Thanx TC,
Even disc replacement surgery in my neck isn’t going to shut me up…LOL
To Doug :
While looking for Chase Home Finance, LLc (Servicer) Loans I came across Countrywide Loan that CitiGroup( as Depositor to Trusts) has Countrywide, Well Fargo, Green Point, Litton etc… Loans within the Trusts. In the past, I have seen Countrywide Trusts that were listed as (Trusts) CWxxxxxxxxxxx.I’m no expert or novice but they may have been the Depositors to the Trust. These firtst two Trusts have a lot of Countrywide Loans. the rest are Wellas Fargo , Litton, etc……. mixed originator(?) loans.
CitiGroup Mortgage Loan Trust 2007-AHL2
” ” ” ” ” -AMC1
– 2
-6
-AMC3
-AR1
-AR5
-OPX1
-WFHE2
-WFHE4
-AHL1
-AHL3
-AMC2
– AR4
-AR7
-WFHE1
” ” ” ” ” -WFHE3
Hope this will help you.
Which kinds of institutions (banks, S and L’s, Credit unions or mortgage brokers) have been the most frequent participants in selling the loans prior to the real estate closing? Any and all answers will be greatly appreciated.
If you look at this link from the SEC, it appears to have been an industry-wide practice. They mention it 4 times, but not once that there was anything wrong with it.
Has anyone who has Chase Home Finance as a service provider been able to definitively identify the trust or security where your note went? If so, what trust was it and how did you find it?
I have had no luck finding out the trust for mine. I’m tempted to bite the bullet and pay Luminaq/LivingLies for the “just give me the name of the trust” service but I’d like to exhaust all other options first.
Doug
March 16, 2011 at 6:39 AM
I havent had much luck finding my “pool” but here are some of the pools I did look into on the sec.gov web site. My loan (was, is) with countrywide. Countrywide issued these CWABS, CWMBS,CWALT,CWHEQ and finally CHL.
Are there any such pools from Fannie Mae ? I tried to find my loan in the 8K filings in the pools above but couldnt. My loan number was 162972XXX
Eugene Villarreal
March 16, 2011 at 11:03 AM
To John : I purchased the Title Report Search & Commentary from luminaq.com/ livinglies.wordpress.com and waiting to clear up a few items. I had assumed that you had purchased a report and wanted to compare notes. When I do get some info, I’ll pass it on to everyone.
John
March 16, 2011 at 11:41 AM
To Eugene: I did buy the Luminaq title report/commentary. It said they thought my note was securitized, and I should that check that Ann Arbor Class action lawsuit against Citigroup. Exactly what you saw in your report. That was not enough for me to know for sure what trust my note went into.
So my options seem to be:
1. somehow find the trust on my own
2. pay for the full Luminaq securitization report
3. pay for the Luminaq “give me the name of the trust only” report
(State or Other Jurisdiction (Commission (I.R.S. Employer
Of Incorporation) File Number) Identification No.)
Tim Bryant
March 20, 2011 at 5:33 PM
When you speak to Chase, tell them that if they do not disclose the true owner of your loan, it is constructive fraud, as it is their fiduciary and legal duty to disclose this information to the borrower under a legal contract which Chase voluntarily entered into on (date). Make sure this is all in writing. Also put them on “notice” that the owner they are representing will be held liable, along with Chase, for any “equitable relief” granted by the court, due to their “extrinsic fraud”. As such, Chase and the Holder have prevented you from knowing and asserting your rights or defenses, and have carried on, with an evil intent, a scheme to prevent you from having a fair opportunity to present, or litigate, such rights or defenses, in a court of law. Failure of Chase to respond to these legal and fiduciary issues will create a mutuality of estoppel, which will bar the holder from any claims against you, though they may seek relief against Chase, as a guarantor of some unknown contract between the two parties, to which you do not have privity to.
What this means in layman’s terms= Chase, you better tell me who holds the note, to which you assumed a fiduciary responsibility to me, which you entered into voluntarily with me on such date. Should you fail to respond, the holder cannot claim any injury against me, since I am not part of your contract with the holder. Because you are willfully hiding this from me, I cannot fairly defend myself or assert any rights which I may have had with the holder. The holder is therefore prevented from asserting a claim under any agreement, which I cannot myself assert any right or defense under. The holder is on notice that they, along with Chase, can be held legally liable for their actions which is an extrinsic fraud, under the law of equity.
Spoke w/ seems like a good lawyer today. He mentioned pattern today specifically of various inquiries w/ Chase and same QWR letter. Seems like something’s up.
If you’ve seen vampire guy interview where he foreclosed on Wells Fargo lawyer explained that is in urban legend category. It was ironic and QWR letter was effective to allow “reverse” foreclosure but Wells Fargo only had to pay a couple of thousand dollars in the end. Almost seemed like a joke w/ Fox & Friends making homeowners look ridiculous. Or just a coincidence and should give guy his due.
He explained RESPA is basically good for lawyers as lender pays for violations and lawyers get to collect fees.
Should be seen as tool in arsenal as there is no magic bullet.
On good news front he said lender can’t go back on published date of sale. Meeting on Saturday.
I have seen RICO as possibly stronger tool and unfair trading practices I believe. If you have missed payments it seems fighting on breach of contract terms is a losing battle.
To HammerTime, & other Chase :
Good for you.
Remember that you didn’t breach your contract with the Pretender/Lender. In your non-judicial state of Ca. I don’t know how it works, but I have noticed that a lot of homeowners have their attorneys file a TRO if their notice of sale isor has been posted (?).
In my case, STANDING is the main issue. Without STANDING, the Pretender/Lender cannot (but has) the right to Foreclose. In New Jersey, with 95% of the foreclosure cases have been UNCONTESTED because homeowners do not know that they have rights like DUE PROCESS and have been lead to believe by lawyers that they don’t have a chance to WIN. The other 5% CONTEST the foreclosure but are hampered by the blind,deaf and dumb judges who pretend that they don’t know the written laws. It’s an uphill battle. With only 5% of the cases, New Jersey doesn’t have a ROCKET DOCKET because the judges make sure it doesn’t get out of their control. They now who butters their bread, the banks. Their favor question is ” How many payments are you behind ?” The answer should be ” It doesn’t matter how many payments I’m behind. It’s not to these Pretender/Lenders that I owe, they don’t own the NOTE/MORTGAGE .”
The Request for Modification and Affidavit form Chase is the first personalized modification letter I have received from them and because they have the Chase & FreddieMac logos on the letterhead tells me that FreddieMac may be the investor owner of the note/mortgage. Maybe just the Note.
HammerTime
March 17, 2011 at 3:42 PM
Exactly my thought process and possibly in my case all of the above. If people stay in the fight without signing off on their rights chances are getting better. Maxine Waters is fighting for stop to dual track, full chain disclosure and legal support for homeowners among other things. Before the Bush/Clinton years I believe there was money set aside for legal support for victims of fraud.
With CA hopefully your post on TRO shows progress as well as challenges to CA judges that are looking at only one fragment of code that favors lenders while ignoring parts calling for due process. Hopefully I can track it down.
Thank you!!!! Yes, ours was 2006 (and closed here in MI).
Thanks for narrowing down the Edgar filngs for everyone…my eyes were crossing reading these reports over the weekend.
To John :
Thanks to Tim Bryant and others, Finding the Trust Name is the hard part in your search. Finding your Loan Number within the Trust is Part 2.
Go to http://www.sec.gov
Under Filing & Forms Click on ” Company or Fund Name……….”
Tpye Name of Trust in Company Name box, ” Example: CtitGroup Mortgage Loan Trust 2007-2″
Click on ” Find Company ”
Look for ” K-8 ” on left side. There may be more than one K-8.
Look for the K-8 that has PSA (Pooling and Servicing Agreement) and Click on Red area to the right.
PSA has a lot of good info.
Scroll down on the Table of Contents and at the very bottom you’ll see Exhibits.
The last item is usually the Mortgage Loan Schedule ( In the Table of Contents).
So you will scroll down to the beginning of the Loan Schedule.
Within, the Loan Schedule is divided into different categories.
One will be with The Loan Nimber and Cities/Counties. (Counties may be misleading)
Another will be with the Loan Number and type of Dwelling
And so on.
You may be able to narrow it down by city or just the loan number.
If you have more than one Trust, Start from the Top.
Good Luck and I hope this helps you. If you find a shortcut, Post It. Thanks.
Do you have an example of loan list for Chase? I found one for Wells Fargo but am only coming across credit card trusts it seems for Chase trusts or I’m missing something.
I actually seem to find pretty good info using CIK looks like 10 digits or 9 digit xxx-xxxxxx commission file number in google search and can add date etc.
I wonder if I can’t see forest for the trees or whatever the saying is. I understand I still need to ask for note etc but holding off if I can’t get on my own. If you saw post below my case took another twist. Rec’d 2 letters one that account MAY be closed and ENCOURAGES me to ask for RESPA qualified written request and other offering another loan modification.
What has hit me is that there is a substitution of trustee of loan that is ALREADY supposed to be PAID OFF! Isn’t this different than merely being securitzed or a MERS loan etc. THEN it gets more complicated whether it is a MERS loan or not and why did MERS sign notice of sale etc.
Anyways, going forward but throw out any ideas if you got them. I spoke to legal non-profit and they said pro-bono wasn’t available to me since lawyers that do it work for banks!
Eugene Villarreal
March 15, 2011 at 8:12 PM
To HammerTime :
To B Anderson :
To John :
Semms like all four of us have Chase Home Finance, LLC Loans/Servicers. I wasn’t able to find the Chase Loans within the eighteen Citigroup Trusts that my loan was suppose to be in, but I’ll inquire again to narrow it down or just maybe I missed something,also.
I also received a letter from Chase Home last week. They wanted to let us know that we could request a QWR. They haven’t answered the one I requsted two years ago.
Today, I received another letter from Chase asking for us to sign a Request for Modification and Affidavit if we wanted to apply for a Modification at a Homeowner Assistance Event. It’s on a Chase form with Chase and FreddieMac logos. How’s that for convienance ?
To B Anderson :
I received a Title Search Report & Commentary from LUminaQ.com (livinglies.wordpress.com) about my loan with Chase. It seems that it’s been securitized and in a class action suit, City of Ann Arbor Employees Retirement System v. CitiGroup. There’s about eighteen Citigroup(Depositor) Trusts and I’m going to see if I’m able to locate my loan number in one of them. If I find it, I’ll still let LuminaQ.com do a Securitization Report because I think the courts will take a harder look at their report than my copy from the website. Our loan closed 10-06-2006. If your loan closed around that time, I’ll be glad to pass on the Trust Name with the Chase loans.
John
March 15, 2011 at 1:18 PM
Eugene,
I have the same exact notation in my Luminaq title commentary for my Chase loan. Can you please tell me exactly how you go about trying to find your loan number in the trusts? I’d like to do the same. Thanks.
Going to try again this week to see if there is a way to provide foreclosure database I have for potential advocacy as service or work with potential partners.
I guess your loan is with Chase Home Finance, LLC ? You can check the web for class actions in your state and also look to Legal Aid for help. There are affordable lawyers that can help you but you have to find them. You need a lawyer who ” Gets It . ” Don’t give up and keep reading all these Posts that may help you. If I can help you with any information, I’ll be glad to do so.
If anyone attends, ask the Mr. Birotte why fraud perpetrated by the banks is not being prosecuted, but mortgage fraud by homeowners is. Why is there a lack of equal rights under the law?
To HammerTime :
Just received our Title Search & Commentary fromLuminaQ.com (www.livinglies.wordpress.com) and it shows that our loan with Chase, closed 10-06-2006, has been securitized and the Trust is in a class action suit. City of Ann Arbor Employees Retirement System v. CitiGroup. There are eighteen Trusts in the CitiGroup suit. If your loan closed around that time, I’ll be glad to pass on the name of the Trust that has the Chase loans.
HammerTime
April 11, 2011 at 2:58 PM
Not sure if I answered before but my loan closed 11/07. May be good to review as I’m working with a very good researcher. We were able to put together a strong QWR and stop sale this month as I couldn’t come up w/ legal funds. Will review more on here when I get a chance. Thx!
Hello there –
I located the instrument only because it was listed in the legal description of ownership (in the foreclosure notice)…so it may not be accurate since it is data the bank listed…but there are a few dozen trusts listed in the class action. I’m still researching to dig for more info…(interestingly in the “pre-foreclosure” notice this trust data was missing). But, I’m thinking that based on Chase’s actions since our finding fraud in the mortgage docs we may be on the right track – If I can find any other interesting info – I’ll be sure to pass it on in case it is helpful to anyone.
To B Anderson :
Just saw this on the web today. Norwood v. Chase Home Finance( Chase Bank USA, N.A. was the Pretender/Lender). Report and Recommendations of the U.S. Magistrate Judge to U.S. Senior Judge. It’s about a home in Texas who challenged Standing. It was in the homeowners favor. Judges are like politicians, they will put a spin on a case and most of the time it will be in the banks favor.Fortunely, the spin on this one was correct because of the Assignment. It’s worth a read.
Tim Bryant
March 14, 2011 at 9:02 AM
Here is the link Eugene was mentioning for Norwood v Chase. The good thing about this decision is it was from US District Court (in TX). I see more and more federal judges kicking bad assignments out of court. This is a positive sign.
Many non-judicial states still require the banks to file with the land court. You may find some additional info there. I have found interesting stuff there. A great tool when doing manual searches is buy an IConnect portable digital image scanner. They are about 100 bucks, but you can scan the pages by moving the “wand” over the page. No need to ask for a copy, or write all that info down by hand. It requires an SD card. It will save a vast amount of time.
Hey Tim…thanks for all your hard work and all the links. I know we all appreciate it. Please keep us posted if any information is leaked tomorrow with regards to our favorite bank….BofA. 🙂
To Catherine McManus :
As a homeowner in New Jersey, I’m glad to contribute any information that may be helpful to anyone, anywhere in foreclosure. Asking “the Litigation Dept when they call” who owns the note/mortgage or asking answers for Discvery Motions or asking for a Motion To Compel are not jokes.
A while back, someone on the web suggested to homeowners to ask ” who owms my note/mortgage.” I did ask and Chase Home Finance, LLC told me over the phone that FreddieMac owned the mortgage. So, I went to FreddieMac’c website to verify and it showed that FreddieMac was the owner of the mortgage. My original pretender/lender was JP Morgan Chase Bank, N.A., but Chase Home Finance, LLC filed the Foreclosure Complaint stating that Chase Home Finance was the owner of the mortgage/note. Two different entities claiming the same mortgage/note. By just asking, I was able to find out this information just like you found your loan number on Scrid- SEC/Investor lawsuit.
Even though the Banks are suppose to tell you who owns your note/mortgage or answer your Motions, doesn’y mean you will get it. With a full proof case, doesn’t also mean you will win your case because you and I have the same problem. THE JUDGES. Each and everyone is reluctant to open the gates to judicial justice and Due Process and close the gates on all the foreclosure criminals.
You’re right about Modifications. You’ll not only be signing your rights away, but also acknowledging that the Banks are the owners of the mortgage/note. I have never signed a modification.
By the way, this may be of interest to you, indirectly, FreddieMac pulled the loan files from Marshall Watson which means that FreddieMac owned the securitizes notes on the loans. Which means that Marshall Watson filed Foreclosure Complaints on behalf of the Pretender/Lenders( because FreddieMac was not able to foreclose on the Securitized Loans which were bifurcated ).
I only have one question for you. How were you able to find Securitized Trust with your loan number ? I know if you know the name of the Securized Trust ( in Edgar’s/Sec) you can find the Loan Schedule, if available, and the Pooling and Servicing Agreement (PSA). This information is very helpful to all homeowners.
Let’s all help each other. Thanks
Thank you for your post and others as well. I have a similar scenario at the short sale level. I was denied HAFA short sale after I wouldn’t sign arm’s length agreement. May be result I end up with but trying to keep property if at all possible. Income issue and legal affordability is issue now. Trying to decide this week what my final options are.
Potentially being squeezed by “non-profit” I’m working with as well.
Without asking, lender said I was accepted for short sale but again I cannot stay on property or “benefit” in any way. They lowered price additional $100k while dismissing around $300k deficiency. Offer ignores additional $200k in missed payments and fees.
I’m hesitant to sue pro se though I’ve uncovered various issues though not clear if I have “smoking gun”.
Lender postponed sale date and set new date for early April on trustee web site. They are threatening to sell at any time though if I don’t sign short sale offer.
Any ideas or referrals for lawyer to work on contingency or reasonable terms would be appreciated. In southern California.
Has anyone worked through a HUD counselor to get investor/beneficiary info etc?
HammerTime
March 13, 2011 at 9:44 PM
Actually meant similar to BAnderson’s case but thx to everyone anyway!
Catherine Mc Manus
March 15, 2011 at 10:28 AM
yes ! Two years ago- after several appointments and my Certified HUD Counselor trying to deal with BOA (she even had a personal friend there) she was told my Account Number was invalid.
BOA said I would have to get permission from the “new Account Holder” to have access to the account. BOA referred us to CCC (Consumer Credit Counciling) or to file Bankruptsy to save my Homestead home of 10yrs. This took another 30 days which made me 60 days late.
Yes, just 60 days late, caused by BOA- mixing Account numbers they aquired from CountryFried
one thousand stinking lousy dollars. CCC helped with financial records to prove I was wiling and could pay as I had been all along. I was advised & set up a Trust account to deposit mortgage payments.
With help from 3 agencies-After locating the “investor account number ” and faxing notorized permission to access this new Account-I was still denied access, payments refused and advised to hire an Attorney, which I could not afford and Legal Aid advised me to file BK. I did not and found a
second Pro Bono Attorney that was aware of FRAUD 2 years ago. He is still fighting for me.
Eugene-sorry for the delay in replying to you…I have had computer problems-running out of memory because of saving so many pdf files and other docs. I had to stop printing all of them-too much wasted Ink and paper. Unfortunately I have not been backing up my files, now they are gone.You asked how I was able to find my mortgage #… Since your question I have been back to scribd two days and so far cannot locate it again. The suit was INVESTORS SUING on MISREPRESENTATION of Loan Values, very detailed of Securitized MISREPRESENTED Loan Values & Appraisals, also Performing & non-performing loans.
This “list” was attached to the court complaint as an EXHIBIT and UNREDACTED- VERY LONG LIST (no names or addresses) that I read for over an hour. I located mine reading line by line-by the year-then the $ Amount, then saw my loan #. This is my original Loan # that BOA says there is “no such account” and refused to accept my payments !! Somehow I will locate it again and post it to you. Also,Yesterday I found that some case & Doc numbers from my hand written notes-have been removed/deleted.
Never noticed this on Scribd that files have been removed ?? this maybe why I cannot find it again.
It has thousands of Mortgage Numbers that were in this particular Exhibit. That is why I did not print it
or save the file-I’m out of memory on my computer and my tiny brain. Thanks for your posts and helping others too.
Follow-up note: I should also mention that based upon the current county assessment, our mortgage is currently upside down by more than a few hundred thousand dollars.
Please refer to my post from 3/10 concerning Chase suddenly postponing a foreclosure and sticking a note in our entryway to contact them — without notice from us, they’re pushing for modification and the person on the phone suggested the investors don’t want to foreclose due to the loss they’d incur.
Specifically – kindly refer to the data provided on fraudulent paperwork — THIS MAY BE HELPFUL TO YOU – this was a no-doc loan w/Chase “interviewer” misstating our assets and income (plus in QWR response they provided a copy of an unsigned disclosure doc). Here is what I’ve learned since:
After a little Internet digging, I.found something very interesting: Our mortgage is part of a trust – a string of which have been named in a class action suit for securities act violations. Investors claim violations of prospective and registration documents – loans were be conservative, etc. — and Chase went way outside the box with riskier mortgages + confidential witnesses in the suit (underwriters, etc.) claim paperwork was fudged, etc. Well, that’s what clearly happened in our case…because in looking at the “phone interview” by Chase interviewer whose name was “xxxxxxx” (literally, all x’s on the signature line) misquoted our monthly income by thousands and thousands of dollars and our assets by more than 3 million!!! We would have never, ever, ever have provided that data nor would we have signed off on it. If they did it to us — surely they did (and other companies did it) to other people.
I’d noted in the earlier post — we think Chase was given a heads up that we are aware of their fraud and are considering legal assistance to bring this to the attention of the court and the regulators (via my fishing for legal help – I’d supplied our general info via email to a few law firms to review — 3 of those law firms then said they couldn’t take us on as they also represented Chase…then susicously within a week our foreclose was postponed without our knowing it and Chase is suddenly very interested in having us fill out paperwork for a modification).
We had called the Chase # provided in the note left — and when I told the Chase rep, “Unsure what you are looking for – other than maybe a confirm we are still here – but our foreclosure date was last week.” He said, “Uh, no – actually, it was postponed.” Hmmmm…(must’ve been done in a bit of a hurry).
So – I’m thinking that this ,may be helpful news to others —
Iif there is anything “funky” about your loan docs – and your loan was made part of an investment where the investors have filed suit, etc. – you may find yourself with a negotiating tool. In fact – we’ve considered going to the law firm handling the class action suit to let them know that we’re surely just one of several homeowners where the firm knowingly and recklessly skewed paperwork to suit their purposes.
Hope this helps – we need to stick together. These firms hurt us and they hurt investors.
To B Anderson :
Many homeowners are not aware that their loans were Securitized. If you could post how you were able to find your Securitied Trust, I’m sure they would be grateful and they would also know how to proceed in fighting theor foreclosure. Thanks.
Decoding the GOP Argument Against Punishing Banks for Their Mortgage Crimes
By ABIGAIL FIELD Posted 12:00 PM 03/11/11 Columns, Economy, JP Morgan Chase, Bank of America, Citigroup, Wells Fargo & Co, Real Estate, Credit
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Now that the mortgage mess settlement proposal has been made public, with its very basic demands that mortgage servicers follow the law and competently service mortgages, the push-back has begun. Cheynne Hopkins and Rob Blackwell of American Banker report on the first major effort by the banks’ allies to weaken the proposal.
I use “the banks” and “mortgage servicers” interchangeably because according to a list of the ten biggest mortgage servicers compiled by Reuters last fall, the top five are: 1. Bank of America (BAC), 2. Wells Fargo (WFC), 3. JPMorgan Chase & Co (JPM), 4. Citigroup (C) and 5. GMAC/Ally Financial. Not coincidentally, those banks were Nos. 5 through 9 on the list of recipients of federal bailout money, according to Pro Publica, for a total of $160 billion of your tax dollars. It’s irrelevant that all but the $16 billion given to GMAC/Ally has been paid back. What matters is that when the big banks needed help, the taxpayers had their back.
So who are the banks’ allies? In the Senate, their leader is Richard Shelby (R-Ala.), who also lead the opposition to the creation of the Consumer Financial Protection Bureau. In the House of Representatives, the banks’ allies are the Republican leadership, including Financial Services Committee Chairman Spencer “Washington and the regulators are there to serve the banks” Bachus (R-Ala.), and Rep. Scott Garrett (R-N.J.).
Among Rep. Garrett’s largest campaign contributors recently and throughout his career have been Bank of America and the debt collector trade association ACA International. Incidentally, Garrett has taken large campaign contributions from a hedge fund — and now chairs the subcommittee overseeing hedge funds. Both Bachus and Garrett were also fierce opponents of the Consumer Financial Protection Bureau.
Campaign cash aside, why do these people oppose forcing mortgage servicers to do things like “ensure accuracy and timely updating of borrower’s account information, including posting of payments and imposition of fees” and making sure that those fees are “bona fide, reasonable in amount, and disclosed in detail to the borrower”?
I mean, can you imagine if your bank handled your checking account this way, failing to credit your deposits and charging you outrageous fees without telling you about them? You’d change banks in a heartbeat. But therein lies the rub: Borrowers aren’t the mortgage servicers’ customers, and borrowers have no way to change servicers.
Decoding Senator Shelby
Let’s start with Senator Shelby. Here’s what he has said, according to American Banker article linked above. Missing words (…) are not Shelby’s, but are rather things like “he said.” I follow each quote with a sincere effort at translation:
Quote 1. The term sheet is a “regulatory shakedown” to “advance the administration’s political agenda.”
Translation: The Obama administration wants to coerce banks, under threat of prosecution, to obey the law and deal fairly with borrowers in good faith. I think that’s bad policy. It’s akin to blackmail and is purely political.
That must be what he means since the settlement explicitly tells the banks to obey the law either explicitly or implicitly at least 11 times.
As to good faith and fair dealing, the lack of both was so extreme that beyond making many specific demands for fair dealing — e.g., no foreclosing while a modification application is pending or a trial modification is under way, no telling people to default if they want the bank’s help, no telling credit reporting agencies wrong information, and so much more — the proposal includes a blanket requirement:
“Servicer shall have a general duty of good faith and fair dealing in its communications, transactions, and course of dealing with each borrower in connection with the servicing of the borrower’s mortgage loan.”
Indeed, the lack of good faith on the banks’ part has extended beyond borrowers to communities. That’s why the proposal also would impose a duty to: “ensure that vacant, abandoned, [bank owned], and charged-off properties do not become blighted.” The proposal also tells banks they can no longer abandon properties by failing to complete foreclosures, dumping them on struggling municipalities.
Quote 2. Sen. Shelby also said: “Under the guise of helping homeowners hurt by improper foreclosures, regulators are attempting to extract a staggering payment of nearly $30 billion for unspecified conduct … Setting aside for a moment the attempt to end-run Congress, I question whether removing $30 billion in capital through a backdoor bank tax is the best way to jump-start lending. The long-term consequences of this settlement could be even more serious. It would politicize our financial system.”
Translation: Well, it speaks for itself. I’ll note though that the settlement isn’t just about improper foreclosures. Framing it that way is simply a political tactic to make it seem like the remedies are disproportionate to the problem. In fact, the settlement proposal targets a huge range of illegal and abusive practices that have been well-documented for years, practices that the servicing industry knew weren’t kosher at least since the 2003 Fairbanks settlement. As to the $30 billion, well I hope Sen. Shelby’s right about that — it’s more than I’ve otherwise heard floated.
And what might Sen. Shelby mean by “politiciz[ing] the financial system?” That such a settlement would trigger even more campaign contributions and lobbying by the banks? The settlement surely would, as the only way to overturn it would be through legislation or regulation. But how is that different from any effort by government to put the interests of consumers before the interests of the big banks?
Quote 3. Regarding the Consumer Financial Protection Bureau, Shelby said: “Just last year, I warned that the new bureau of consumer financial protection would prove to be an unaccountable and unbridled bureaucracy. I did not expect to be proven correct so quickly …The process by which it is being imposed is potentially far more concerning …The proposed settlement would fundamentally alter the regulation of our banks. Yet this would be done without congressional involvement. Instead, it would be done by executive fiat through intimidation and threats of regulatory sanctions.”
Translation: Shelby seems to be railing against the idea of a corporate compliance agreement being used by law enforcement agencies to resolve corporate law breaking. Odd, since that’s how prosecutors typically deal with law-breaking corporations.
He couches his defense of the banks as a concern over the usurpation of congressional power, but the proposal is no such thing. Congress explicitly gave the Consumer Financial Protection Bureau jurisdiction over mortgages. This settlement is about mortgage servicing, and its compliance provisions are overseen by the bureau and the states’ attorneys general. It doesn’t “fundamentally alter the regulation of our banks” in any sense.
Quote 4. “The administration and our financial regulators are clearly hoping the banks will consent to these new regulations …The precedent these strong-arm tactics could set, however, should be of concern to all citizens. If these tactics can be used successfully on financial institutions, they can be used on any business.”
Translation: I realize that the big banks aren’t sympathetic victims, so imagine Big Government coming after you, forcing you to accept rules you don’t like. Oh, please ignore the fact that before you face any risk of that, you’d have to break the law so thoroughly that you got all 50 state attorneys general, the Department of Justice, and your regulators angry enough to take action against you.
A more honest warning would have been: “Hey, any company out there that is routinely breaking the law, take heed: The government might actually come after you and try to force you to change your ways.”
Decoding the Banks’ House Allies
Reps. Bachus and Garrett, among quite a few others, have sent a letter to Treasury Secretary Timothy Geithner complaining about the deal and asking a series of questions. American Banker posted the letter. Below are some of the questions. I’ve provided my own versions of the answers Secretary Geithner might consider giving the representatives.
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Q: What specific legal authority grants federal and state regulators and agencies the power to require mortgage principal reductions when the House and Senate have voted down such proposals?
A: An agreement is just that. If the servicers don’t want to do principal reductions, they can choose to face prosecution. Law enforcement doesn’t need Congress to pre-authorize contract negotiations, particularly not plea-bargains.
Similarly, state attorneys general don’t need Congress’s permission to choose the remedies they seek for the violation of their states’ laws, absent Congress’s preempting state action. And when Congress decided not to require mortgage principal reductions, it didn’t preempt anything.
Q: What specific legal authority grants federal and state regulators and agencies the power to effectively legislate new rules and standards for the mortgage servicing industry?
A: See first answer. This deal would be an agreement between banks and regulators, not legislation. The reason its effects seem to resemble legislation is the scale of the lawbreaking. Nobody called it legislating when the Federal Trade Commission made a similar deal with a single lousy servicer in 2003. The substance and the process are the same this time — the only difference is scale. And it was the banks, not the law enforcers, who determined the scale through their lawless actions.
Q: What role did persons associated with the [Consumer Financial Protection Bureau] have in drafting the proposals in the term sheet? What specific legal authority permits an official associated with an agency that does not have regulatory or enforcement authority to participate in settlement negotiations?
A: This is silly. The Consumer Financial Protection Bureau has been given jurisdiction over mortgages, and will naturally enforce any agreement reached. The agreement is necessary because of the way the servicers have mistreated consumers, after all. The fact that the agency doesn’t go “live” until July doesn’t change the fact that the substance of the settlement will fall squarely with in the Bureau’s jurisdiction. Surely it makes sense for the agency that will enforce an agreement to participate in shaping it? In making some of these same arguments, Adam Levitin at Credit Slips notes a lot of this stuff is a “witch hunt” against Elizabeth Warren, the woman charged with setting up the agency.
Another question — which I won’t include in its entirety — makes the same political framing move that Sen. Shelby did, and defines the settlement purely in terms of foreclosure violations. It then notes that mortgage principal reductions aren’t foreclosure related, and asks: “What is the legal basis for using funds collected in an enforcement action to benefit parties who have not been harmed by the purported wrong doing?”
A: First, the wrongdoing extends far beyond foreclosures to servicing more generally. Second, the banks’ risk-shifting securitization machine fed the housing bubble to otherwise-unreachable heights, which resulted in the sharp decline in housing prices that has left so many homeowners underwater — a harm that is a direct consequence of the banks’ actions. Third, funds collected under enforcement actions are used to help people not directly harmed by the wrongdoing so often, there’s a legal term to refer to it: cy pres.
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Q: Have the officials who drafted this term sheet considered how its terms could affect the safety and soundness of the financial institutions bound by it?
A: Good question. It’s true that a settlement that left banks requiring another bailout would be counterproductive. But how can that not have been considered? Similarly, federal regulators right now are deciding whether or not to let banks pay higher dividends to their shareholders, which the banks insist they are stable enough to do. Surely the regulators will take the proposed settlement into account in making that dividend decision.
Q: Will forcing servicers to fund principal reductions for underwater loans they service affect the incentive of mortgagors to stay current on their loans?
A: YES! And in fact, that’s an argument in favor of principal reductions. After income loss, one of the biggest predictors of defaulting is being substantially underwater. Reducing people’s principal will make it more likely they will stay current on their loans. Negative equity leads to more defaults in other ways too, as the Center for Responsible Lending’s recent congressional testimony shows. Homeowners with negative equity can’t sell to escape a mortgage they can no longer afford. (As the many homeowners who have tried to get banks’ permission for short sales have discovered, foreclosure typically results instead.)
The next question asks if fixing the foreclosure process will delay the housing market’s recovery and further erode investor confidence, and if fixing foreclosures would deter private investment in the housing market.
A: Delay recovery? Yes and no. Yes, because foreclosures will be even slower to process, and until the foreclosure glut is processed, housing can’t really recover. No, because fixing foreclosures will stem the clouded title problem, which is already a major obstacle to a housing recovery. After all, how many banks are going to make loans so people can purchase properties the title insurers won’t insure? Fixing foreclosures now will at least cap the problem at damage already done.
As to fixing investor confidence, I presume the letter means investors in mortgage-backed securities. Those investors are often better served by modifications than foreclosures, so forcing the servicers to modify should increase their confidence, not reduce it. As to deterring private investment in the housing market, the clouded title issue will do that more than anything else. So again, foreclosures need to be fixed.
The last question notes that 11 million mortgages are underwater, and says they can’t all be written down. How, it asks, will banks choose?
A: The term sheet sets some parameters, but gives the banks lots of discretion. Do these members of Congress want that discretion taken away?
To sum it all up: Any time anyone objects to this settlement proposal, hand them a copy and ask them to highlight which provisions bother them most. Then have a real conversation. But don’t just take politicians at face value when they try to tell you what the settlement is, particularly not those members of Congress who see themselves as there to “serve” the banks.
I have stumbled across something that may be nothing at all but I want to put it out there.
BofA did my refi. Nations Lending Services (affliate of BofA) did the closing and provided the lender’s title insurance. Told me I didn’t need Owner’s Coverage.
On my recorded mortgage, the “return to” Bank of America was crossed out and handwritten in was return to Worldwide Recording, 9801 Legler Rd., Lenexa, KS 66219. There was also, I assume, a new file number written on the mortgage containing both letters and numerals. The letters were WR….. This is the mortgage that is recorded and was also sent to me in regards to my initial QWR and which recordation date was 3/10/10. Then I get another set of docs, that I called directly to Nations Lending Services who overnighted what is the final and executed file copy and there is my mortgage, ink stamped and initialed as “true and final” mortgage without scratched out handwritten return to Worldwide Mortgage, with the handwritten file number. This mortgage retained the original type that said “return to BofA”. Will the real mortgage please stand up?
Being curious about who Worldwide Recording was, I started searching on the web. I can only find one link to this company which claims to be a document storage company. I asked around on some of the blogs, but no luck with anyone knowing anything about Worldwide Recording.
I am receiving documents from BofA in bits and pieces since my first and second QWR. It took them a month to start responding and it seems I get something each week now.
The interesting thing is they sent a copy of my file from closing as we had never received signed copies of anything. They were sent via FedEx and the return address is: Nations Lending Services, 9801 Legler Rd., Lenexa, KS 66219.
It would seem that Nations Lending Services is also Worldwide Recording unless they share the same building, which I doubt because why would my mortgage be returned to them. There is something very fishy going on with this Worldwide Recording. Did BofA find a new “hiding” place.
If anyone knows anything about Worldwide Recording and its connection to BofA please post. As I said, this could be nothing at all or could be something of importance…I don’t know how to find out.
Neither Nations Lending, nor Worldwide Recording are fiduciaries. They cannot enter into an agreement on a mortgage. They are all part of Nations Holding Company. I have attached a link below. Is the “Lender” BofA on your paperwork? I don’t mean to scare you, but it looks like you may be on a “dual track”. That means they are offering you a mod, but will foreclose at the same time. Nations Holding offers more services for foreclosures than anything else. Does your docs have a MERS MIN number on it?
I would definitely attempt to get an attorney. Also, look up the Bert J Harris Private Property Protection Act. It is a Florida law. I don’t know if it applies in you case.
Don’t give up. Keep fighting. Don’t be timid with them either. Assert your rights in stern manner (but gain some knowledge to back this up). Don’t let them trample on you.
Thanks for the link Tim. I see Nations Lending and Nations Signature at the 9801 Legler address, however, nothing on Worldwide Recording, yet one of the copies of my mortgage says to return to Worldwide Recording which was hand written in where BofA was scratched out. Worldwide Recording’s listed address is the same as Nations Lending and Nations Signature Closing.
Here is the link for the only thing I can find on the company http://www.wwrecording.com/ You can see it lists the same address as some of the Nations Companies?
My original mortgage was a MERS with min. id no. Prior to closing we were informed that our loan had been sold to Countrywide, then was sold to BofA When my income went down, the mortgage payments were too high so first we tried to sell our home to scale down. Luckily then, we had a good amount of savings and excellent credit. We couldn’t sell so for 2 yrs. we tried to get a mod. They yanked us around making us reapply over and over and never ending up with a mod. they gave us one excuse after another. One excuse was because we had never missed a payment. They suggested if we got behind we could reapply for a mod. stupid fact of the matter is that we qualified for their refi with a 48 % front ratio and an 86% back ratio at a higher loan amount because they charge us over $10 grand in points and fees and got government money for doing the loan on top of that. The short of it is we got ripped off as well as the taxpayers got ripped off, and, yes, I am fighting!
It sounds almost exactly my tale with Countrywide and BofA. I ended up ending my payments as of last October. Here are a few things to consider;
1. They are probably sending you a mod so you sign a waiver against any missing or defective paperwork (read it carefully). Once you sign that, they will foreclose on you.
2. If you were denied a mod because of the loan to value ratio, it is probably because Countrywide way overvalued the home in order to secure the loan. (this means it is comparative negligence). The other significance of this fact is that if the loan was not properly originated and underwritten, the sole remedy to the certificate holders or trustee is by repurchase and substitution of the loan. If this occurs beyond 90 days of the original sale, they lose their tax-exempt status. A buyback also requires 25% of the investors to sign onto the buyback. The chances of that happening are slim to none.
3. BofA probably does not own the loan at all. They MAY be a servicer for a trustee on behalf of investors. It is important to find this out. If you can get this info, you can look at the EDGAR filing for the securitization. The MERS as nominee ad infinitum security instrument nullifies the purchase under the Pooling and Servicing Agreement (PSA). These PSAs require a purchase “without recourse”. That means that the lender (and its assigns), have no further rights. It also happens to mean that the borrower is no longer liable to the Lender (and its assigns).
4. If the investor / trustee has not been recorded in the public land records as purchasing the security instrument and note, the MBS has not been perfected. MERS, by their sole officer, William Hultman, has stated that it was not meant to be a “legal system of record”. (You can find his 2010 deposition online). That is significant, because it means that the sale has not been legally recorded.
5. If you do your research, and gather these facts as they pertain to your loan, THROW IT IN THEIR FACE. Also tell them that you will be filing a complaint against them with the SEC for fraud in the offering and sale of securities (which are 2 seperate violations). Include that Countrywide and its successor BofA have an SEC injunction, in full force as of 2010, preventing them from further violating these laws as part of the Mozilo, Samon, and McLaughlin settlement agreements with the SEC.
United Nations Universal Declaration of Human Rights;
Preamble….”Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,”
Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 17. (1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
thank you tom bryant. i wish you were on the phone when wells fargo calls me telling me lies to bye time. they lost my paper work, by mircle in appeared but hey aleady put me in foreclosure , today they call wanting me to reapply for hamp??? so i can get approved pay 3 months and then foreclose on me any way so now i pay ythem and the lawyer. i told her i cant reapply until weells fargo takes me out of foreclosure. oh my g-d the woman had no ifdea wa dual tracking was. i told her i need a letter from wells fargo stating that i will not repply (i guess they get money for each application) until i am sent a letter. i am not playing against time modification or foreclosure which one fiest yes this tyranny att its greatest against women , men, children breaking up FAMILIES, this is dispicable what do we do tom bryant you are not going to be with me as i lose my house to this entity
Tim Bryant
March 13, 2011 at 12:40 AM
You already know how they play the game, and they now know you have this knowledge. Stand your ground with them. If you are already in foreclosure, but they want you to reapply for a mod, it means they know they are in a bad position judicially. Tell them you will reapply for a mod, only if they dismiss the foreclosure action “with prejudice”. This will bar them from taking you back to court, if they are dual-tracking you.
If you have a MERS security instrument, tell Wells Fargo that if they proceed with the foreclosure, you will file your own action to claim title, since nearly every MERS transaction breaks the chain of title. See how they respond to that. They are all in a panic, since the deposition of William Hultman of MERS. He let the cat out of the bag.
Everyone keep their eyes peeled on the net. The group Anonymous is going to be posting some real damning info on Bank of America.
For anyone who doesn’t know about this group. They are activist hackers, “hactivists”. BofA hired companies to hack their sites, as part of the Wikileaks threat. If you read what happened afterward, it didn’t go so well for HPGary, or their owner. Anonymous has assumed an active response to this incident, which is good for us (and everyone else for that matter).
I look forward to the disclosure. I also applaud their efforts. Since the government is protecting the criminals in Wall Street, we need groups that operate “outside the lines” to attain redress. I just hope that someday they hack MERS. That would make all the dominoes tumble.
This article states it will show, “BoA order to mix loan numbers to not match it’s Documents. to foreclose on Americans.”
If this is as damning as we think, the US Government , as well as BofA, will be facing HUGE lawsuits. This will prove racketeering , and everyone who sues BofA, can also go after the Treasury Dept, SEC, and possibly the Federal Reserve, among others (MERS). If you have lost your house to BofA, pay attention to this release. Depending on what is disclosed, look for a law firm that handles RICO lawsuits.
Anyone have any info on “Angelique Jamieson”? She allegedly worked for Countrywide or ReconTust. I cannot find this person in existence at all through an online search. She is the one who submitted 2 sets of closing docs in my case. She fudged all my info, without any confirmation as to its accuracy, to originate the loan.
The closing docs (which represented to be the origination docs) were all of a sudden more accurate. The note has never been recorded, the MERS assignment was falsified, and the info in MERS is completely different than every other record. I would love to call her personally to see who owns my house.
SEEMS WE ARE OFFERING SOLUTIONS HERE THIS WEEK…..WELL…..HERE IS MINE!!
IMPEACH ALL THE SENATORS AND CONGRESS PEOPLE….WE DON’T NEED THEM….THEY ARE NOT SPEAKING FOR US, OBVIOUSLY….
SET UP PHONE BANKS OPERATED LIKE AMERICAN IDOL, DANCING WITH THE STARS…..LET WE THE PEOPLE VOTE VIA PHONE CALL, TEXTING OR ONLINE!! LET US SPEAK ON WHAT IS BEST FOR THE PEOPLE…
Ryan Seacrest mentioned last night that 30 million votes came in on Wednesday night in just 2 hours!! I had a lightbulb moment when he said that and thought that could be our “solution” as well….
Give the people their voting power and get rid of the lying bastards in Washington who are not interested in what we want!!
That’s my solution!! Now how do we put it together???
Hello?
I have a case where my client signed a note and mortgage solely with her name. She filed bankruptcy and discharged the debt for the note and mortgage. Next thing she knows, Suntrust is foreclosing and suing her corporation for the debt. She was served with Suntrust’s complaint with the mortgage and note attached. She brought them in to my office and they do not match the note and mortgage she received at closing which are in her possession; specifically, her corporation’s name has been added (in very different font) on the note, mortgage and notary certificate. I have just managed to have the default vacated and am getting ready to propound discovery. Does anyone have suggestions and/or forms for interrogatories, request for production and request for admissions? I’m also going to subpoena records from the title company and possibly depose the title agent and hopefully someone at Suntrust. Any ideas and suggestions would be greatly appreciated. Thank you.
There is also an enormous amount of information on http://livinglies.wordpress.com
you may already be aware, but hope this will give you some additional help
That has occured in my case, My wife never signed note or security instrument The day of closing, all the closing docs were filed at the Registry, except the note (which has never been recorded), and the security instrument (which they recorded 5 days later, with my wife “handwritten” in). It was a Countrywide Loan, of course. I wrote a formal letter stating the details of events, why the recorded instrument is false. They are required (in theory) to put that in the record for the land court.
I think your first step is to find a “Qualified Document Examiner” (QDE). He can take an exemplary (first-hand) sample of her handwriting, and compare it to the docs she was served with. They can also tell whether the entry was added after the fact. They can even identify what type of printer it came of off (if its an original). Without originals, they may only be able to “exclude” the above.
Ask them to show the Certificate of Corporation provided as part of the loan. Does she have authority to enter into such a transaction without a corporate resolution?
I don’t know what state you are in: That makes a difference.
First check the mortgage recorded in the pubic records and get a CERTIFIED copy from the custodian of the records, which will probably be the clerk of the court for that county. This may be all you need.
If you believe that the company name was added between the closing and the recording in the public records it gets more complicated.
Check every assignment of mortgage. Assignments often state on the face of them who the borrower is according to the mortgage. Get CERTIFIED copies of them too.
If you don’t have enough to blow them out of the water at this point, then go for the discovery. In addition to the requests to produce, do interrogatories too. Asking who has personal knowlage of the facts or documents, and asking them to name any and all parties who may be holder of originals or copies.
Also think about careful requests for admissions. Note that in Florida a request for admission as to the truthfulness or veracity of a document cannot be combined with an admission as to the contents. 2 separate admissions.
It is quite possible that opposing counsel does not realize there are two versions of the note or mortgage. You may want to attach a copy of the true document to a request for admissions, ” The xxxxxx attached as ‘Exhibit A’ is a true copy of the xxxxx”
If they admit that fact, which they probably will without carefully comparing to the document they have, you will save a lot of time and money issuing subpoenas and taking depositions of other third parties, and then battling to get that admitted into evidence.
Your request for admission that your copy of the document is the true copy may be less obvious if served along with a number of RTP, Some Interrogatories and a few other requests for admissions.
I don’t know how the rules work where you are, but in FL it becomes difficult for a party to withdraw an admission at a later date. These become established facts in the case. Note that only affirmative admissions can be used not denials.
In FL a falure to admit on a request for an admission can then be used to recover all discovery costs in proving that admission. So if they deny that your copy of the document is the true copy then any effort and expense you expend in proving up your copy as the true copy is recoverable. This makes the request for admission a powerful weapon which ever way they answer it.
Obliviously an admission is better for it allows you to directly move on to a motion for dismissal of their pleadings w/P and an award of sanctions. (This is assuming you are in a judicial state and they are the Plaintiff)
My advice should NOT be construed as any sort of competent legal counsel and is intended only as a suggestion to the poster in question, who appears to be a licensed professional. My name is James M on the ForeclosureHamlet and here too. You can contact me on the Hamlet if you want to follow up or share document samples.
James M
March 12, 2011 at 12:26 AM
Realize I mis-spoke – got it wrong. I said ‘In Florida a request for admission as to the truthfulness or veracity of a document cannot be combined with an admission as to the contents. 2 separate admissions. ”
WRONG it is the admission that the document is the copy of the genuine document that should be separate form an admission as to veracity of contents of document. You need the former but in your case probably not the latter.
OK…Here’s a bazaar twist. About 10 days before our foreclosure was scheduled, I contacted several attorneys w/details concerning how our Chase mortgage docs were fraudulent. In response to our QWR, Chase had returned a copy of an unsigned disclosure statement and get this: An income/asset statement that I did not sign (is not my signature) — the data was “gathered” by phone by a Chase employee named “xxxxxx” (yep, all X’s). It said I had over $3 million in assets – which I do not and I NEVER would’ve said I did. Well, 3 of the 6 law firms indicated they couldn’t help because they worked w/Chase. OK…so, with this in mind – our foreclosure date came and went here in Michigan. We assumed the home was sold at auction.
Suddenly, there’s an envelope in our entryway – more than 2 weeks after the scheduled foreclosure sale. It’s from Chase – asking that I contact them. We figured they wanted to make sure we were still in the house.
Guess what? We were told that the foreclosure had been postponed – we were never notified – so imagine the surprise.
Purpose of the contact? They wanted us to apply for a modification. The person on the phone said the Chase “investors” didn’t feel they wanted to sell the property at auction – that they’d not get adequate dollars Yeah, well, probably because a home similar to ours hasn’t sold in this area in at least a year. Hmmm, I’m wondering if one of the law firms I’d contacted tipped off Chase to let them know that I was interested in possible litigation in connection with the original mortgage docs.
I’ve searched the Internet and asked around – I can’t find anyone who has had Chase seek out a modification twice (pre-foreclosure) and then postpone the sale – only to seek us out to try to get us to fill out a modification package.
Anyone else experience a postponed foreclosure w/subsequent bank contact that you did not initiate? I’m really wondering if its because they’ve researched the file and know they’ve got a problem w/the docs. Thanks!
That is because they are trying to get you to waive your rights in regards to the defective documents. Read the mod really well. You will find that clause. BofA tried that on me. I told them where they could shove the mod proposal.
If you sign that mod and waive your rights, you WILL be foreclosed on shortly thereafter.
To B Anderson :
After two years, Chase has sent us a letter stating that we may submit a QWR. That’s two years after we sent the first one and at that time they said it was too early for them to answer. We’re appealling to the New Jersey appellate court and all the courts are waiting for the 50-State Attorney Generals Settlement to gel or for a do-over if it doesn’t gel. Don’t give up.
To B Anderson :
When they (Litigation Dept.) calls you, just ask them ” who owns the mortgage/note ?”. They will tell you.
Catherine Mc Manus
March 13, 2011 at 11:17 AM
@ Eugene ” when a Litigation Dept calls you” ha ha you must be joking……
Anyone that signs any agreement to MOD is being suckered again.
Sign a MOD is signing away your rights.
As for asking them “who owns the Mortgage/Note” they would not tell you even if they know who holds the Mort./Note. I tried to pay my mortgage-they would not accept payment saying there was
NO SUCH ACCOUNT NUMBER.
My Attorney filed a Discovery Motion-they answered with NON-ANSWERS.
They also used a term “Trade Secret” and refused to respond on that basis.
Attorney filed a Motion to Compel on the TRADE SECRET, then filed MOTION TO COMPEL INCAMERA-for Judges review of all Docs.
My loan was CW/BOA/MERS/MARSHALL WATSON.
Finally I found my original loan number on Scribd -SEC/Investor lawsuit- pages and pages of Security Instruments/ Bundle Numbers on a SEC document but still do not know who the true owner is ??
Tim Bryant
March 13, 2011 at 1:59 PM
Catherine, I am interested. On what grounds did they claim “Trade Secrets”? That is a new one. Your local Registry of Deeds may be interested in that claim. If beneficial ownership is protected by Trade Secret provisions, the property can never be recorded !! Those provisions also bar the disclosure to ANY future purchaser. It also bars the debt obligation on your part, because it necessarily implies that there is no “privity” of contract between yourself and the entity claiming this privilege. You may be looking a gift horse in the mouth.
Go onto the MERS website. Where it says “MERS for Homeowners”, there is a “Fair Debt Collection Practices Act” request submission. Submit a request demanding what part of the Security Instrument is claimed under the Trade Secrets Act. Do not tell them why you are submitting the request. This is because MERS is not a real company. It exists only on paper. There are no employees. One of 3 things will happen;
1) They will not respond at all, which will create a defense in equity for you.
2) They will say nothing is privileged, to which you would now have evidence that there is no Trade Secret.
3) They will come up with some outlandish claim, which will provide an equitable estoppel for not only you, but everyone else who has a MERS security instrument.
HR830 is a joke…
These Republican idiot’s making false statements that the FHA modification program has only helped 45 homeowners!!!!
Are they kidding?
Loan Modifications CANNOT happen because the banks DON’T OWN THE LOAN TO MODIFY THEM!!!
To listen to these bastards in Congress say the foreclosures are “OUR” fault is just beyond my patient’s!!
I feel like the famous line in Butch Cassidy and the Sundance Kid….”WHO ARE THESE GUYS?”
If the people don’t wake up…we will be the homeless society living in FEMA trailers before you know it!
we need solutions, we understand what you are saying we need solutions, we can individually fix what is going on http://armorypress.org/Reports.html
solutions is what we need please find solutions
Elyse Del Francia
March 10, 2011 at 4:25 PM
The only solution is to sue the lenders!!!
I am in my lawsuit for one year now and paying my mortgage to the Attorney’s for Wells Fargo Home Mortgage!! Wells Fargo has nothing to do with my loan…however, the Judge told me at the very beginning to pay until there is a decision….
What I am seeing when I am in the Courtroom are people loosing their battle because they haven’t paid anything in years!!
If possible, and I know many do not have that option, pay the Court or put your mortgage into an account in case this happens to you!!
Filing a lawsuit and going through all the motions and pleadings is a process but it’s a process I hope to remain in until a trial…or a decision…or something to happen!!
Another solution is to STOP VOTING FOR THE REPUBLICAN’S….Please! These guys are a nightmare and they represent the Wall Street Banksters!!
Get our heads out of the sand and LOOK what is happening because of their agenda to eliminate the middle class ……
If it takes a Revolution, then I’m in!!
These bastards must be stopped!!
Steve Gillan
March 10, 2011 at 6:28 PM
There is solution and it has been presented in Oct 2010 to Treasury and everyone else that matters. We have to take the sole underwriting authority out of the hands of the servicer when possible.
Please read
I have been thinking of another solution. We ALL no the government will do nothing to help homeowners. They will help out investors though. If you can find out what securitization you loan was in, try sending the investor a copy of all your issues. Chances are that they have no idea what is going on. Tell them you will assist them if they should file a complaint with the SEC. It would probably put both parties in a better situation. The servicer and trustee can’t do their BS if you are in direct contact with the investor(s).
I am trying this tactic myself. Since Countrywide was sued numerous times regarding the pool my loan was in, it’s fairly easy to find a place to start.
that is the problem we cant afford the mortgage. i was underemployed and have no cash reserves , i do not have money just sitting around. the mortgage was to high is why we asked for help. the bp spill caused a lower percentage of visitors to the tamps bay area which lowered hospital cenus. we are not unionized in florida so we were canceled. a nurse i used to work is going through the same thing. we cant afford the mortgage to high. i had to leave the job where i was under employed and the job i have now is 9 dollars less and hour. i should in all purposes be able to sell my home. we put hte 20% down we were suppose to. i do not hinkit is right of any servicer to make any of us folks foreclose or short sale we have an investment in these homes. we did what we were suppose to, we did not ask t obe part of a ponzi scam to inflate properties values. now servicers and the trusts need to do what they are suppose to and help the home owners. we did not ask for no wage increases, higher medical insurance, higher food prices, higher gas prices, higher closthes prices even a movie is unafordable to the middle calss right now. this is fraud purpatrated upon us and we need this fixed. these are our homes.
Tim Bryant
March 10, 2011 at 6:19 PM
I am for the revolution myself. If we have to resort to that to protect our homes, so be it. The government is causing it. They are only doing investigations if a Lender or Investor loses money. If a borrower does, screw them.
I would love Wikileaks or Anonymous to hack MERS. I bet they would cause the collapse of Wall Street, which I now believe would be a good thing for our country….Just my opinion.
Catherine Mc Manus
March 13, 2011 at 10:54 AM
Did you discuss or file your documented losses with BP ?
If so did BP offer help or reimburse you for lost wages ?
Turn on C-Span right now. Barney Frank is actually standing up to keep the funding of foreclosure programs. He is for once making a rationale compelling argument.
Barney Franks announced he is filing a “new bill” this coming week. March 14-18
Can’t wait to see what this bill says…..
I will be glued to CSPAN and watch this live presentation and debate.
Congress, Banks, Wall Street Traders- BEWARE THE IDES OF MARCH !
Tim Bryant
March 13, 2011 at 1:39 PM
As I have stated before, everyone needs to take action to effect change instead of waiting for it to happen. Whining serves no useful purpose to anyone. If there is a particular person or agency you want to address, do it. Before you do, think about what the motivations are of the person you are seeking action from. You need to put your complaint in a light where to not act would be detrimental to THEIR interests, not yours. Everyone here will tell you, that except for Elijah Cummings, nobody is motivated by YOUR plight. It is unfortunate, but true. We can all piss, moan, complain, and cry that the law is being broken. Frankly, the government, the banks, and the regulators don’t care. It doesn’t effect THEIR interest at all. Neither does complaining on this website or any other, WITHOUT TAKING ACTION. You need to empower yourself. We can aid you with that here, but nobody can do it for you !!!
Now get out there and start kicking some ass!!! You are stronger than you think. Stop being defensive, and go on the offense. Nearly every mortgage is legally defective because of MERS. Do some research, see what you are dealing with, and fight. Chances are, if your argument is properly structured, that the bank will back down.
Steve Gillan
March 13, 2011 at 2:26 PM
Catherine, Barney Frank can put any bill he wants but the Republicans control the House therefore it would never get out of committee.
Tim, if you have visited our blog for S.O.H. effort you know I am a proponent of HAMP and modifications. I have been reading yours and other posts with regard to signing a mod which you argue signs away your rights.
Walk me through something – the argument is the MERS issue, note following deed, right to foreclosure, etc…
Lets say this legal position is correct – here are my questions;
Will a local judge #1 understand the argument, #2 will he rule in the homeowners favors?
How long would the process take.
Does the courts have the capacity to hear millions of cases?
What happens during the process – do people pay their mortgage?
If the judge does rule in favor how does that help the homeowner? Excuse my ignorance but does that mean the homeowner does not owe anyone any money for their mortgage and the property is legally theirs?
If in fact this is the case – according to your info on the MERS people they are saying that 50% of all mortgages fall under this category – that is 27.5 million mortgages. If we take just for argument sake the average mortgage being $200k that is – I think $55 trillion. Is your position that those would be the loses to the banking/investment/insurance community? Does anyone think the government or the court even would ever let that happen?
Please explain to me what I am missing in the overall picture.
Tim Bryant
March 13, 2011 at 5:00 PM
Steve, I am not against mods. I am against mods that contains clauses that require indemnity against lost or defective documentation in order to get the mod.
The answer to your question about MERS and judges is YES, they will and do understand. See “In Re Agard”….
“The Court recognizes that an adverse ruling regarding MERS’s authority to assign mortgages or act on behalf of its member/lenders could have a significant impact on MERS and upon the lenders which do business with MERS throughout the United States. However, the Court must resolve the instant matter by applying the laws as they exist today. It is up to the legislative branch, if it chooses, to amend the current statutes to confer upon MERS the requisite authority to assign mortgages under its current business practices. MERS and its partners made the decision to create and operate under a business model that was designed in large part to avoid the requirements of the traditional mortgage recording process. This Court does not accept theargument that because MERS may be involved with 50% of all residential mortgages in thecountry, that is reason enough for this Court to turn a blind eye to the fact that this process doesnot comply with the law.”
Judges were initially dumb to what MERS truly is. I do not believe that is any longer the case. I believe that the Judicial branch of the government is the only avenue of redress available to homeowners. And yes, I believe the judges will allow it to happen, no matter what it entails. Do you think they want to keep that contagion within their courts ad infinitum? Doubtful.
The scenario I see occurring is the chips will fall as they may, and the government will put the largest banks in receivership (which is what they should have done instead of TARP). Mortgage backed securities will no longer be legal, and the public land records will be corrected.
Here in MA, MERS has lost the support of the judges and the Registrars of Deeds. In fact, one is demanding $22 million from MERS in back fees. Our AG is worthless in this regard, so she is the weak link.
Don’t get me wrong, I have NO faith in the Executive or Legislative branches of the government. I also believe that if they do any oppressive acts to obstruct the proper decisions of law, that this would render redress impossible. It is also my firm belief, based on the statements of our founding fathers, that it is every citizens right and obligation to fight against oppression and tyranny by any means necessary to maintain the democracy.
Question? If the investors are the note-holders for the debt obligation, how can they receive an award for monetary losses on the debt obligation, without the debt obligation being completed through “accord and satisfaction”? Those of us who had loans in these securities need to get a class-action to get our mortgages discharged.
why aren’t we pursuing something?? If BofA is admitting or new the odds were against them in prevailing so they settled, why does the same wrong doings not apply to the defrauded homeowners? Inotherwords, my understanding of some of the charges made by the investors included misrepresentation, inducement by fraud, etc., the same things done to individuals. Why are the individuals losing in the courts more than prevailing. I’m trying to understand all of this and I also need to know as I am taking them on myself.
Tim Bryant
March 10, 2011 at 1:40 PM
I also read the SEC settlement with the Execs of Countrywide. The penalties (over $70M total) will be returned to “harmed investors”. The settlement was based on fraudulent MBS offerings and sales.
“This settlement will provide affected shareholders significant financial relief, and reinforces the message that corporate officers have a personal responsibility to provide investors with an accurate and complete picture of known risks and uncertainties facing a company.”
The shareholders are the Note Holders of our debt obligations. The SEC also issued a permanent injunction to prevent further violations by with anyone involved with these transactions.
The rewards were given under “disgorgement”. This is forfeiture of money received through ill-gotten gain. This settlement agreement gives rise to “Accord and Satisfaction”, between buyer (or guarantor) and seller. This decision must be viewed in that light. If not so, then all the proper parties were not involved in the matter (meaning us), since it was not criminal, but civil. CW, and it’s successor cannot legally receive monies from borrowers that are in direct violation of these securities laws. I am contacting the SEC to amend the settlement for the Release of all the Mortgages and Deeds, whose payments would be in direct violation of the settlements provisions. The holders of the collateral are deserving of disgorgement payments as well, based on these transactions.
Fraudulent loan origination practices were the main focus of this investigation. Countrywide was a “related party” in this matter. It specifically accused borrowers of lying on their applications. (as a side note: I have both copies of the loan origination docs CW used. The one I signed at the closing, and the one dated a week earlier with totally different info, used to originate the loan. This was mailed “accidentally” by the settlement agent, instead of the ones used at the closing. Of course, we never saw any of them, but we must have lied, right?) The agreement enjoins all CWs agents, employees, etc. from participating in further violations.
Tim Bryant
March 13, 2011 at 8:57 PM
I am researching, and creating an Excel spreadsheet with investors who have sued and prevailed against BofA and Countrywide. It will include amounts recouped by investors on a debt obligation. It is my belief that these funds should be applied to the debt obligation as well as to the investors. Once complete, we can look at finding a class-action law firm.
In the meantime, if you find any cases like this, please forward the link to me at tbryant80@comcast.net…………….thanx
I am not a FL resident, but it may be of interest for those residents to review the BERT J HARRIS PRIVATE PROPERTY PROTECTION ACT OF 1995.
Interesting legal questions arise;
1. If you default based on reliances of HAMP, does this qualify?
2. Fannie Mae requires recording in MERS. If MERS negligently, or fraudulently causes you to be foreclosed on, does this qualify?
3. MERS is a known nuisance. If the FL AG fails to abate that nuisance, does this qualify?
5. Does a homeowner, who lost their home due to the actions of David Stern, decided by the judiciary, have a claim?
5. Is a mortgage-backed securitization, regulated by the SEC, a “government action”?
These would be interesting legal issues to ponder.
From their own mouths….1) MERS never holds a note, and 2) Investors are active participants in MERS making transactions (why are they tax-exempt?)
“Q. Does the MERS® eRegistry store eNotes?
A. No. Organizations that are in the business of providing
eVaulting services store eNotes on behalf of the investor.”
“Q. If I want to originate eNotes, what do I need to do?
A. There are two scenarios for originators of eNotes to interact
with the MERS® eRegistry, one is direct, and the other is
through a trading partner.
In the first scenario, you close loans on eNotes that contain
the MERS® eRegistry language and a Mortgage Identification
Number (MIN), and register them on the MERS® eRegistry.
This requires you to have
• connectivity with us (a VPN or Frame Relay connection)
• the ability to create the XML transactions required by the
MERS® eRegistry
• the ability to sign those transactions with a digital certificate
provided to you from a SISAC-accredited issuer
In the second scenario, you close loans on eNotes that contain
the MERS® eRegistry language and a MIN, and immediately sell
them to an investor who will do the registrations for you. This
is called a Broker/Delegatee relationship. MERS will set up your
profile (as the Broker) on the MERS® eRegistry so that it allows
another party (your Delegatee) to name you as the initial
Controller (holder) and then do a transfer of control to itself.”
If you don’t think that Justice is a purchased commodity in the United States, check these staggering numbers. This is only PAC contributions….
Finance, Insurance & Real Estate
PAC Contributions to Federal Candidates
Election cycle: 2010
Total Amount: $62,335,865
Total to Democrats: $29,317,048 (47%)
Total to Republicans: $32,752,617 (53%)
Number of PACs making contributions: 458
Accountants: $6,263,257
43% to Dems / 57% to Repubs
Commercial Banks: $8,914,909
39% to Dems / 61% to Repubs
Credit Unions: $2,786,118
57% to Dems / 43% to Repubs
Finance/Credit Companies: $3,503,095
45% to Dems / 55% to Repubs
Insurance: $21,018,320
47% to Dems / 53% to Repubs
Misc Finance: $2,045,629
40% to Dems / 59% to Repubs
Real Estate: $8,912,366
51% to Dems / 49% to Repubs
Savings & Loans: $59,340
76% to Dems / 24% to Repubs
Securities & Investment: $8,832,831
54% to Dems / 46% to Repubs
Based on data released by the FEC on February 28, 2011.
Feel free to distribute or cite this material, but please credit the Center for Responsive Politics. For permission to reprint for commercial uses, such as textbooks, contact the Center.
America is currently repeating it’s past mistakes. I shall provide you a link to a little history lesson. This incident led to the formation of the Constitution.
Ironically, the destruction of the rights under the Constitution, is leading back to another inevitable incident just like it.
“And what have we to oppose them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable, but it has all been in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not already been exhausted? Let us not, I beseech you, sir, deceive ourselves. ”
“…There is no longer any room for hope. If we wish to be free, if we mean to preserve inviolate those inestimable privileges for which we have been so long contending, if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained, we must fight! I repeat it, Sir, we must fight! An appeal to arms and to the God of hosts is all that is left us!”
Patrick Henry, Speech to the 2nd Virginia Convention, March 23, 1775
(The infamous “Give me liberty, or give me death” speech)
My house is in Delaware. My mortgage was a MERS before MERS and one of its robo-signers filed a satisfaction of lein after my refi. There were several transactions in which there was no public recordation fees paid to the county in which I live. MERS incorporated in Delaware. Would it be safe to assume that your company must be in good standing within the state of its incorporation? I don’t know exactly where I am going with this, as there is no official stance that MERS has done anything illegal. I am wondering what I could challenge to our fine Delware representatives and our AG, Beau Biden with regards to avoidance of revenue payments to the very state of which it is incorporated.
If your state law requires public recordation, and it has not been recorded, the electronic assignment by MERS is void under The E-Sign Act. The E-Sign Act is the tool MERS uses to show they have standing. If you read the Act carefully, it actually shows they DO NOT have standing. An electronic transaction is only legal if the specific requirements of the Act are met. The fees are irrelevant, its the recording which is important. It is specifically stated in Section 104(a). “(a) FILING AND ACCESS REQUIREMENTS.—Subject to subsection (c)(2), nothing in this title limits or supersedes any requirement by a Federal regulatory agency, self-regulatory organization, or State regulatory agency that records be filed with such agency or organization in accordance with specified standards or formats.” If MERS tries to argue around that, also mention that they have not met the requirements of Sec. 101(c) which states, “(C) the consumer—
(i) prior to consenting, is provided with a statement of the hardware and software requirements for access
to and retention of the electronic records; and
(ii) consents electronically, or confirms his or her consent electronically, in a manner that reasonably
demonstrates that the consumer can access information in the electronic form that will be used to provide
the information that is the subject of the consent”
EVERYBODY,EVERYBODY,EVERYBODY must read Title II of the act !!! MERS cannot be the assignee ad infinitum. Only the person asserting control can add or change an assignee. When a transferable record is transferred, MERS is no longer an assignee of the new controlling entity. Also, if requested, the person seeking to enforce the instrument, must show proof of control (i.e. proof as holder, or an assignment from the holder). Further, there is nothing in the Act that allows any entity to circumvent the recording requirements of your state.
Before you go to court, put pressure on your local Registry of Deeds to maintain the legal “public” land records which they are charged with doing. Tell them you demand to see each transfer. You may have to do an FOIA request. Then, send a letter via certified mail, return receipt requested, stating a claim of “estoppel in pais.” You may have to pay recording fees. Specifically state your basis on the grounds of acts and omissions committed by MERS, in violation of your states land records statutes, and your contract with MERS as the recorder of all such transfers of interest.
EVERYONE FACING FORECLOSURE !!!! WE ARE BEING ROBBED!! A VERY SMART MAN, ALVIE, HAS FOUND HOW WE ALL HAVE BEEN VICTIMIZED BY THE MORTGAGE COMMUNITY.
Please, go to SCRIBD.COM and read ALVIE EXPLAINS IT.. I have been doing so much research, thanks to my deceptive, pathological, narcissistic jerk of an ex husband, and have discovered so many laws are being broken daily. The problem is —- it is almost ALL of American banks, mortgage lenders, etc., wanting a cut. They all know what they are doing is wrong. Look in your local county records and see how many people are facing foreclosure. Is 300 in 1 county acceptable? What happened to Obama’s to making homes affordable, what happened to modification? That process alone, takes literally months and months. I have watched my mother try to get her modification, which she started 8 months ago. America – learn this word BIFURCATED … Fight for your home. These so called “trustees” are lawyers in the same firm. Do any of these names sound familiar: “Stephen C Porter, Stephen Porter, John Latham, Toby Latham,” … in Texas, the law firm ” Barrett Daffin Frappier Turner & Engel in Addison Texas.. The so called “trustees”, usually NOMINATED BY MERS, have no authority to sell your home at the door step of your county courthouse. Mr. Alvie Campbell has discovered how we (most of America) are getting screwed by the banking system. Google “Theft by Deception” and see if that looks familiar to you… Don’t give up. Also, MAKE THEM SHOW YOU THE ORIGINAL BLUE INK SIGNED CONTRACT YOU SIGNED WHEN YOU FIRST PURCHASED YOUR HOME. Not a copy, not an electronic copy, but THE ORIGINAL. Chances are high they can’t find it.. So, if they can’t find it, who do you really owe? Check out your county public records, do a search on yourself (The Grantee or Grantor) and see how many times things have been filed behind your back. If your note was sold to another investor, don’t they HAVE to tell you, so you know who to pay? WHO OWNS YOUR NOTE???? The Deed and the Note are different. I did not know any of this until I had to fight my ex-jerk and learned soooo much.. Really, do your homework.. it’s YOUR HOME! SHOW ME THE NOTE!!!! prayers to you all, in the similar situation I am in.
Katheryn
March 8, 2011 at 11:27 AM
It is all really great information and thank you for sharing. The only problem is that there is no support; not in the courts and not by our politicians, so how do you fight. I do not even have access to an attorney in my whole state. They don’t like what the banks did, but they hold the homeowners more accountable. The way I see it, until the courts start up-holding the law and slapping down the banks on a consistent basis, nothing will happen.
Philip West
March 19, 2011 at 10:04 PM
I say the same thing on line “theft by deception” I caught them in the act and have a civil complaint filed as we speak. Stephen C. Porter is a lawyer for this firm. I now have the deed of trust they forged in the 366 district court in Collin county. I filed a Motion for Judicial Review of document or instrument. Which only cost $15.00 to file. If you find your Deed of Trust was signed by Stephen C Porter or any other robo signer. Cut and paste this and file it in you district court.
MISC. DOCKET NO. __________ In Re: A Purported In the _____ Judicial District Lien or Claim Against In and For Collin County, Texas
Notice of Correction Re: Motion for Judicial Review of Documentation or Instrument
Purporting to Create a Lien or Claim
Now Comes Philip West and Michelle West and files this motion requesting a judicial determination of the status of documentation or an instrument purporting to create an interest in real or personal property or a lien or claim on real or personal property or an interest in real or personal property filed in the office of the Clerk of Collin County, Texas, and in support of the motion would show the court as follows:
I.
Philip West movant herein, is the purported obligor or debtor or person who owns the real or personal property or the interest in real or personal property described in the documentation or instrument.
II.
On 02/15/2011in the exercise of the county clerk’s official duties as County Clerk of Collin County, Texas, the county clerk received and filed and recorded the documentation or instrument attached hereto and containing 2 pages filed 4 different times. Said documentation or instrument purports to have created a lien on real or personal property or an interest in real or personal property against one
III.
Movant alleges that the documentation or instrument attached hereto is fraudulent, as defined by Section 51.901(c)(2), Government Code, and that the documentation or instrument should therefore not be accorded lien status.
IV.
Movant attests that assertions herein are true and correct.
V.
Movant does not request the court to make a finding as to any underlying claim of the parties involved and acknowledges that this motion does not seek to invalidate a legitimate lien. Movant further acknowledges that movant may be subject to sanctions, as provided by Chapter 10, Civil Practice and Remedies Code, if this
motion is determined to be frivolous.
VI. Movant would like the court to review the Instrument, Nominee-Mortgage Electronic Registration Systems, inc. (MERS). Which is not a ” Real Party in Interest”
.
VII.
Movant would like for this court to review the signature of Stephen C. Porter, Assistant Secretary (MERS). But in reality is a lawyer for Barrett, Daffin, Frappier, Turner and Engel, LLP, collection company, and that movant has a Civil Complaint filed against such collection company Case: 01-JC-11-00015.
PRAYER
Movant requests the court to review the attached documentation or instrument and enter an order determining whether it should be accorded lien status, together with such other orders as the court deems appropriate.
Respectfully submitted,
_________________________
(b) The completed form for ordinary certificate of acknowledgment, of the same type described by Section 121.007, Civil Practice and Remedies Code, must be as follows:
THE STATE OF TEXAS
AFFIDAVIT
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, personally appeared_____________, who, being by me duly sworn, deposed as follows: “My name is _________________. I am over 21 years of age, of sound mind, with personal knowledge of the following facts, and fully competent to testify. I further attest that the assertions contained in the accompanying motion are true and correct.” Further affiant sayeth not.
_____________________________
SUBSCRIBED and SWORN TO before
me, this _______ day of _____,
______.
_____________________________
NOTARY PUBLIC, State of Texas
Notary’s printed name:
_____________________________
My commission expires:
It seems that those of you in Florida are having a particular problem with the court system. MERS uses an electronic assignment in blank to an entity, which you do not have access to. This is a violation of the E-Sign Act. You can read more about this here http://www.ftc.gov/os/2001/06/esign7.htm.
Since MERS claim as nominee is strictly for electronic recording, there are disclosures which they must meet as part of your agreement with them. There are anti-fraud provisions of this act. Please read this, and make your attorney aware of the act. They should challenge the records as not legal documents under the act, as they do not meet its requirements, as mandated by Congress.
What is the government planning on doing to resolve tax issues created by MERS? Many of our loans, such as mine, were sold and securitized before they were ever signed. In my case, the property has been encumbered by at least two prior MERS transactions which were fraudulent. By operation of law, they are void, and create a tenancy-at-will. I have been paying taxes on a property I have never legally owned any interest in. I have retained an attorney, and shall be applying to get those taxes back, since I was not the party legally responsible to pay them. Since many of the responsible parties are trustees and REMICs, they are tax-exempt. The US government is looking at possibly billions of dollars in lost tax revenues. MERS has had their hands in so many securitized mortgages, that this could bankrupt many states, and possibly the government. The SEC has known about this practice since at least January of 2003.
Tim
I assume the reply that you posted is just the acknowledgement they received your letter. Do you expect to receive a written response ?
Your postings are very well structured. America needs your help
Thank You
Tim Bryant
March 6, 2011 at 9:31 AM
I have received replies from Representative Elijah Cummings of Maryland. He is the probably the most receptive member of Congress to this situation. He truly is fighting for us, and doesn’t believe the garbage the banks are telling congress. That is where we all come in. We need to counter all the BS that the banks are telling Congress.
When Brian Moynihan, the CEO of Bank of America, came out and said there was no fraud in their foreclosure processes, I sent him an email personally inviting him to my house so I could show him. Of course, he did not respond. This means he is openly committing SEC violations by making intentional public misstatements, which the shareholders rely on. When the “House of Cards” collapses, there will be enough ammunition to take action.
Congress cannot back them forever. The courts are kicking MERS out, at a steady pace recently. That is why MERS’ execs are retiring suddenly. It is collapsing. We need to keep the pressure on them. If anyone needs contact information for any entity or person related to foreclosuregate, they can feel free to email me. We need to keep our voices heard, in a fashion that they will hear it.
Steve Gillan
March 6, 2011 at 9:55 AM
Tim,
You are correct about Mr. Cummings support for the people. There is a hearing on Tuesday in Baltimore to kick off his investigation into the matter.
I agree with everything you are saying however even though the pressure you mention must be maintained we have a situation of grave concern taking place this week. Please read the post below yours with regard to the vote to cancel HAMP. Regardless of what anyone thinks of HAMP – if it is canceled a clear message will be sent to the Banks/servicer and all other investors that the Federal Foreclosure effort is over. This will leave the only the courts which will take a long time and cost money the troubled homeowner does not have right now. We need action literally today as I point out in my post. I hope you will agree and recruit anyone you can into the effort which needs to start today.
Thank you
Tim Bryant
March 6, 2011 at 7:51 PM
I will do everything that I can do on my end. Stay strong, it is very frustrating and maddening. I hope the tenor changes when they actually have to vote on it. It’s amazing they don’t think TARP was a big waste, huh?
If they do cancel it, I will look into the “influence” received by each member who voted against it. I will get the word out as much as I can. They need to be publicly embarrassed. I doubt any of them are voting on “conscious”.
Tim Bryant
March 8, 2011 at 8:22 AM
Steve, Let’s look at the motivations behind the House Financial Services Committee. Let’s start first with Spencer Bacchus, the Chairman. (I will address everyone of them, one-by-one). Here is the campaign contributions he has received in the 2010 cycle, as of Feb 7th.
“In Washington, the view is that the banks are to be regulated, and my view is that Washington and the regulators are there to serve the banks,” Bachus told The Birmingham News in an interview.
As far as all the programs to help homeowners, he said, “It’s time to pull the plug on these programs that are actually doing more harm than good for struggling homeowners,” he said. “These programs may have been well-intentioned, but they’re not working and, in reality, are making things worse.”
This is amazing since he has championed TARP, which has created more destruction on the economy. It has created such a moral hazard that the government will be paying for bailouts ad infinitum.
Thank you for your e-mail regarding your concerns with the MERS system. It is my understanding that courts across the country are still sorting out the many legal issues and claims that have arisen with respect to MERS, including tax and similar issues that you raised in your e-mail. The Panel’s November 2010 Oversight Report addresses some of the legal issues surrounding proper foreclosure documentation, and the report includes a brief discussion of MERS and its legal implications on pages 19-22. More information about that report can be found at http://cop.senate.gov/reports/library/report-111610-cop.cfm.
It is possible that in the coming months some legislation may come forward from Congress to resolve the issues related to MERS, though I have yet to see anything specifically addressing the tax issues created by MERS and home loan securitization. On the other hand, reforming the servicing industry (along with the broader project of reforming the government’s role in housing finance) has been a topic of interest in Washington recently. In any event the Panel’s limited authority does not allow us to advance specific policy proposals or make changes to existing law to address the issues you raise. As such, I would encourage you to contact your Congressional representatives and inform them of your concerns, as any changes to existing laws would have to come from Congress.
Please let me know if you have any further comments or questions, and I wish you all the best.
Regards,
Adam
———————
Adam A Berkland
Staff Assistant / Director of Correspondence
Congressional Oversight Panel
Office: 202-224-9925
E-mail: Adam_Berkland@cop.senate.gov
The Financial Services Committee passed a bill today (Thursday) to end FHA Short Sale program and EHLP. That is $8 billion in foreclosure prevention help. The only reason HAMP was not canceled is because they ran out of time today. The vote is next week. If HAMP is canceled every investor and banker will see it as the Government has given up on a National Foreclosure effort – than God help us all. Please go to
It is easy to find out if your loan was sold and securitized BEFORE you signed your mortgage docs. Get a copy of your “Closing Instructions”. Look for the section that says “Return of Funds Upon Failure to Close”. If there is a bank listed other than, or in addition to, the lender of record, you “debt” already belongs to someone else. The effect is, your mortgage docs are void by operation of law. These documents do not secure the debt, because the bank does not own the debt to enter into a security agreement for it. You are now in an “at-will” relationship. You do not have to pay the bank of record ANYTHING. Neither the bank or the trustee will want to go to court over this. Even if they did, they could not do anything with the property because the title is so clouded because of their own fraud. The flip side is, neither can you. You will never get clear title by paying off the loan. Only the courts can remedy this situation.
Dear Honorable Mr. Cummings,
Dear Honorable Mr. Rangel,
I would like to submit this request on behalf of the citizens of the United States, for Congress to invoke their powers under the Posse Comitatus Act (18 USC 1385). This invocation would be limited to the National Security threats listed at the end of this email.
As background, I would like you to review the following report on the Financial Terrorism and Economic Warfare threats facing our country through “dark pools” in the Financial Industry;
Economic Warfare: Risks and Responses, Analysis of Twenty-First Century Risks in Light of the Recent Market Collapse, by Kevin Freeman of Cross Consulting and Services, LLC. This report was published in June 2009 as part of a contractual arrangement under the DoD’s Irregular Warfare Support Program.
In this report, it specifically states that “lax regulation may well have provided vulnerability to economic attack”. The major concern of the paper was the risk of “Financial Terrorism/Economic Warfare” which “justifies very serious consideration”. This is part of a 3-phase attack, to which he states we are in phase 3 (as of time authored).
We are currently witnessing one of the aspects of this phase. That would be “bear raids” on the markets, in which he specifically identifies the oil market. The report describes how the operation works, as told by a former hedge-fund manager. These raids are illegal, but as many of the sources quoted state, happen regularly. Mr. Freeman was on the mark with this analysis.
SEC Chairman Christopher Cox testified to Congress on September 23, 2008 that Credit Default Swaps are completely unregulated. He further claimed that nobody had authority over these transactions, and the market “is ripe for fraud and manipulation.” Another vulnerability to our system, was noted as “naked short selling”. This is selling of a security not actually owned. The report notes, the SEC virtually ignored 5,000 complaints of naked short selling. Another serious issue noted is that hedge funds are not only unregulated, there is no transparency and even the investors cannot be identified by the IRS. Even the Treasury’s Financial Crimes Enforcement Network has stated, “the lack of controls is conspicuous”. There is a real concern that these instruments are being used by suspect entities, in violation of the anti-money laundering provisions of The USA Patriot Act.
This is where MERS comes in. MERS is a vehicle which is used, with impunity, to hide ownership of a security. MERS claims to be an assignee/nominee, servicer, trustee, note holder depending on the circumstances that are judicially required for a given event. They also have created a “shadow registry” of public land records which are manipulated to the investors needs. Their membership rules describe the assignment shell game that is required of their members. Their internal documents state their purpose is to “advance electronic trading of mortgage rights for the real estate finance industry.” In fact, I can personally attest to this. The property I own has a cloud on the title because of MERS. Because the actual holder of the note and servicer were hidden by MERS, the documents submitted to our Registry of Deeds were void. At some later time, MERS corrected the database to show the true ownership. Ironically, they are doing the same thing on my current mortgage, for the same trustee who clouded the title originally. The Pooling and Servicing Agreement which my mortgage was in, actually called for some of the notes to be recorded only in MERS to avoid liabilities of the sellers of the securities, and creditors. For others, it was required to record the documentation in the respective jurisdictions registry. To this date, MERS shows a financial entity who has never had any rights or interest in my mortgage, as both the servicer and investor. Since it is explicitly stated in the PSA, all of the participants in this security, including the certificate holders, insurers, and especially the SEC, are complicit in this “dark pool” racketeering activity.
In 2009, a Director at the SEC admitted that they cannot give accurate volume statistics, because of “dark pool” trading activity. The vulnerability of economic sabotage to the United States is real and must be addressed. Mr. Freeman noted in his paper that the FBI and Homeland Security did not mention this National Security issue in their Joint Report.
It is an unfortunate reality that the lack of regulatory, and criminal, enforcement of the anti-money laundering provisions of The Patriot Act greatly assisted in the economic collapse of 2008. As a result, the american tax-payer had to cough up hundreds of billions of dollars, to maintain many of these criminal enterprises. Now that courts have repeatedly shown that MERS was nothing by a straw man for the financial industry, MERS is backtracking on there member rules. There is an imminent mass conflagration in the legal system. It has been rearing its ugly head gradually over the last couple of years. Investors suing Banks, Homeowners suing Banks and MERS, states demanding repayment of fees hidden by MERS, and the perverse practice of MERS and the banks producing falsified documents upon our courts. The common denominator is MERS !!! They continue to operate with impunity. They also maintain a subsidiary, DocX, that was proven in court, “created” documents that never existed, for a fee. Where has the FBI been in this matter?
The next economic collapse will be far broader than the last, and is imminent. Not only will there be a crisis in the financial industry, but there will be a collapse of the legal system. Many, many cases will be able to be reheard on the bases of fraud not known at the time. This will be in addition to all the foreclosures that will be declared invalid, lawsuits based on Title rights and ownership, and “private attorney general” RICO lawsuits. These lawsuits will be devastating to the economy. Defrauded homeowners, including myself, can name every entity involved in mortgage origination, securitization, and regulatory entities who aided and abetted by nonfeasance, malfeasance, and misfeasance. This also opens up the already hurting states to numerous violations, be it nonfeasance to maintain public land records, or malfeasance by elected officials changing the laws to legitimize MERS’ standing.
The US Government also has liability. TARP and HAMP were contracts with the US Government, funded by taxpayer money. MERS hid the true beneficial owner of many properties. This prevented homeowners, such as myself, from pursuing HAMP related claims in court against the noteholder. The HAMP hardship affidavit requires reporting of waste, fraud, and abuse to SIGTARP, as part of the “contract”. This has been done. SIGTARP has stated that the Treasury Department has not taken action against a single servicer, in congressional testimony. It is Treasury who is the principle in TARP and HAMP. They have many subcontracts under these programs, such as Fannie Mae and Freddie Mac. These entities in turn have subcontracts. One of these is Mortgage Services. They issue letters in the name of a specific servicer, using their stationary, acting in a mortgage servicing capacity. There is no statement anywhere on the letter that it is actually from Mortgage Services. Mortgage Services also has access to information on the actual noteholder / investor, not available to the borrower (even upon request or demand). This makes them active participants in this “shadow registry / dark pool”. Since the Federal regulators and law enforcement will not take action in this matter, the civil courts are the only avenue for relief. Under the Tucker Act, there is no immunity. You can imagine the totality of the circumstances.
Many states are now attempting to enforce their own “Economy Acts” such as the one the federal government imposed in 1933. That particular action caused the government on July 28th to attack its own citizens who were protesting. General Douglas MacArthur and Major George Patton, attacked (with tanks) and torched the encampment. Several persons were killed, and hundreds were injured in this suppression. As a result, Congress was forced to flee the city, as outraged veterans stormed the Capitol en masse. This is a part of American History rarely told, but MUST be learned from.
The citizens expect protection from their government. They expect the maintenance of their Constitution rights of equal protection of the laws, due process, to be secure in their possessions, and to have a form of redress for grievances. When that fails, all hell breaks loose. The Department of Defense, along with numerous other federal agencies, are aware of the threat facing us. Federal Law Enforcement has failed to mitigate this threat. There is a “perfect storm” brewing in the United States. This is a National Security issue that MUST be subdued.
I pray and request on my behalf, and for the citizens of the United States, that Congress invoke their powers under the Posse Comitatus Act (18 USC 1385), for the restoration of law and order, and for the National Security to;
1. Seek and apprehend, with or without warrant, individuals actively violating the anti-money laundering provisions of the USA Patriot Act.
2. Seize and disband, with or without warrant, entities actively violating the anti-money laundering provisions of the USA Patriot Act.
3. Invoke Martial Law at all US trading facilities, the Securities and Exchange Commission, and any other entity or location involved in active trading of, maintaining records of, or holding interest or authority over, Mortgage-Backed Securities and/or Credit Default Swaps. This would be to prevent the real threat of obstruction of justice and National Security threats involving “suspect entities”.
4. Report to Congress all persons and entities owning any interest, trading in, reporting or non-reporting of, Mortgage-Backed Securities and Credit Default Swaps.
5. Identify, and report to, Congress, the Central Intelligence Agency, and the Defense Intelligence Agency, all transactions involving “suspect entities” posing a threat to our National Security
6. Seek and apprehend any individual, with or without warrant, employed by, with disregard as to current status or whether elected or not, or contracted with, or holding themselves out as agents of, the United States Government, and any political subdivision of, whom participated in, aided, abetted, received proceeds from, and/or used their official authority to further, active violations of the anti-money laundering provisions of the USA Patriot Act.
Sincerely,
Tim Bryant
80 Bradford Drive
Feeding Hills, MA 01030
(413) 789-1368
Five execs of Bank of America dumped stock on Feb. 28th, in SEC filings. This includes;
Brian Moynihan, CEO
Joe Price, President of Consumer and Small Business Banking
David Darnell, President of Global Commercial Banking
Barbara Desoer, President of Home Loans and Insurance
Thomas Montag, President of Global Banking and Markets
You seem to be quite knowledgable about the fraud cases going on within BOA. I know of at least 2 cases where the modification loan was approved with BOA (after all kinds of fee’s) and then within 30 days (just before first payment was due) the morgage was sold to another agency.
This other agency has absolutely no record of the modification, was given false information stating the property had not been paid for 10 months, when in fact it was only 6 weeks behind, (5 months of payment are not recorded) and BOA erased all information in their records and claim ‘they have no knowledge’ of the transaction of modification.
Are there any attorneys in SC who would take such a case Pro Bono? It’s so sad.
Tim Bryant
March 2, 2011 at 1:34 PM
Find out if the loan was sold “without recourse” in the Pooling and Servicing Agreement. This means that when a loan is sold in a security, the “seller” retains absolutely no rights to the security (property). If so, the only person liable to the “bona fide purchaser” of the loan, would be BofA. The original debt of the debtor to BofA is extinguished.
Was the loan sold during the 3-month trial period, or a Permanent Modification?
I don’t know about Pro Bono is SC. You should be able to research that online. You can also see if there are any class-actions in SC against BofA. I have used Freedom Legal. They are a non-profit that charges a flat monthly fee for your attorney. It’s about $750 per month. If you know how much attorneys charge per hour, you can see how good of an opportunity it is. I personally do not recommend any particular attorney or service.
My story is, I did all the right things under my loan. Countrywide started over-escrowing me. They did it for 2 years. CW never responded to my concerns, which is their fiduciary responsibility. BofA claimed the loan, and immediately put me in default. I went through HAMP, called HOPE, went through NACA, and got nowhere. Just collection calls, while ignoring my account concerns.
I ended up getting to the point where I was pissed, and wouldn’t take it anymore. I stopped paying my mortgage until they showed me that they had any interest in the loan, and who owned it. They ignored those requests. At that point, I started ignoring them. The state and fed will do nothing to help you. It’s a bad joke on the American public.
I retained an attorney. BofA does not bother me anymore. I have further action planned.
Sorry folks, I just could not resist. I came across this post about MERS, where the borrower posted a record that was found in the land records for the property. The story is funny in itself. The most amusing part is what MERS claims their interest is in the property.
Tim, would you be interested in helping with a check list to follow on how I can fight? i have an attorney but he is not familiar with this situation. I would love to talk to you via email or phone? let me know if that is something you would consider. My mortgage is through PNC and they dont use MERS, to my knowledge?
We received a loan modification but are still troubled with how things happened, not to mention my credit is still destroyed. I want action now and I am prepared to do whatever it takes,
Just so you know, I am not an attorney. I have worked in the military / law enforcement for the federal government (that’s as much as I will disclose). Let’s just say that they pissed off the wrong person, to fuel their greed.
I will do whatever I can for you in a “non-legal” capacity. PNC must use MERS, since they are a stockholder in MERSCORP (per OCC filings). Your email seems a little incomplete, but I assume that PNC “dual-tracked” you. You did the mod, and they either foreclosed on you, or are attempting to foreclose upon you. The bad news is, if you signed that mod, you probably signed away alot of your defenses. Did you read it carefully before you signed it? These mods are being used to get you to waive any claims to lost or defective paperwork. They are from everything I have seen and heard, no other purpose. That may be your equitable defense to reinstate your rights, “fraud in the inducement”.
Shoot me an email and I will see how I can help you.
I have been fighting foreclosure with OneWest and Deutsche Bank. My attorney originally filed the case in state court. The Defendents – One West removed the case to Federal Court – citing Diversity Jurisdiction. This was done in July of 2010.
So we go through discovery and all these Summary Judgements, Response of Summary Judgement and so on an so forth.
The Judge finally stated that he wanted the a Ceritifed Question on MERS to go to the Supreme Court just last week. The Judge also told the defendents – One West – that if they objected – he would over rule and still push this to Supreme Court.
So now after 6 mo in Federal Court – the Defendents have decided they want me and my attorney to dismiss and go BACK TO STATE COURT!
Is this even allowed? Also I will not allow a dismissal since the Judge already ruled NO BOND, NO PAYMENTS. The defendents want to go back to State Court for Judicial Foreclosure (since we are a Non Judicial State.
I think the Judge would possibly object – since they removed this to Federal Court in the first place and stated their claims for Diversity Jursidiction. But perhaps the Judge might Remand this back to State. But why when the Defendents thought they would get a favorable decision in Federal Court. They can’t have it both ways!
Just curious if this has happened to anyone else and what was the outcome.
I know they are afraid that if this gets ruled in Supreme Court that MERS has no standing – the Attorneys for the Banks are screwed since they will lose business from the Banks at that law firm. Plus MERS is so unsettled and this law firm doesn’t want to be the guinea pig and trying to save their butts.
Are they offering a settlement otherwise doesn’t make sense, though I’m no lawyer, that they expect you to go back to state court. Banks and their legal teams try to run out the clock until we go broke or go completely lose it.
Sounds like they are on the defensive though. Depending on your situation you may be in position you want to be and force them to settle.
Marie
February 28, 2011 at 6:29 PM
Nope no offer
That can’t compel me to abandon the Federal Court to go to State?
I wouldn’t think they could
Clearly I think they are between a rock and a hard place.
I was just curious if anyone had had this happen.
This attorney got his way to pull the case into Federal Court – and the Judge has been favorable to me. So why in the world would I do such a thing and allow it back to state….. hmmm they must think my head is a bag of rocks.
Have your attorney amend his complaint to add a RICO “private attorney general complaint” for racketeering. This will keep it in federal court, since they retain jurisdiction over RICO. He will have to request joinder of MERS as a defendant. If either One West or Deutsche Bank is a TARP recipient, and you participated in HAMP without results, you can add harm created by operation of law and/or government contract under the Tucker Act (28 USC s. 1491). In fact, you could add the US Government as a defendant. There is no sovereign immunity under the Tucker Act. If MERS hid the true owner of the note, have your attorney force “judicial notice” that this is a violation of the anti-money laundering provisions of the USA Patriot Act. This puts the judge on notice that he could be in violation of the Act if he furthers any transaction where the proceeds would be coming from illegal activity.
As lead of the 50 state Attorney General investigation of the foreclosure crisis, I would like to respectfully submit this statement in respect to such investigation.
I would like to add to my original email. Please be advised that the Mortgage Electronic Registration Systems, INC (MERS), is an entity solely created to act as a straw man and bucket shop, in order to avoid Federal and State recording and taxation laws, on the part of investors and financial institutions. This entity does not record the proper beneficial owners of of both investments, and land interests. Both of these are required to be available publicly. MERS uses the internet, fax, mails, and access devices to further their fraudulent practices against individuals, towns, counties, states, and the federal government. These acts include;
bribery (s. 201)
counterfeiting (s. 471-473)
extortionate credit activities (s. 891-894)
fraud and related activity in connection with access devices (s. 1029)
mail fraud (s. 1341)
wire fraud (s. 1343)
financial institution fraud (s. 1344)
retaliating against a victim, witness, or informant (s. 1513)
Fraud and misuse of visa, permits, and other documents (s. 1546)
Interference with Commerce through threats and violence (s. 1951)
Racketeering (s. 1952)
Illegal Gambling Business (s. 1955)
money laundering (s. 1956)
monetary transactions in property derived from specific illegal activity (s. 1957)
unlicensed money transmitting business (s. 1960)
transportation of stolen goods, securities, moneys, fraudulent state tax stamps, or articles used in counterfeiting (s. 2314)
trafficking in counterfeit goods and services (s. 2320)
fraud in the sale of securities under Title 11
As such, they are part of “racketeering activity” as defined by 18 USC C. 96, S. 1961, The Racketeer Influenced Corrupt Organizations Act. RICO can be prosecuted both civil (private attorney general statute) and criminally. It is in the United States Governments best interests to be prosecuted criminally. This is because the Treasury Department (especially Timothy Geithner who already has an existing pattern of tax evasion), United States Congress, Securities and Exchange Commission, Federal Reserve, and all the financial institutions which administer, are shareholders of (which includes entities of the US Government), or use MERS are part of an “enterprise” involved in “racketeering activity” under the Act. Further, because of the use of taxpayer money under TARP and HAMP, which were obligations issued by the Treasury, there is no sovereign immunity of the United States Government, its agencies, or any states or other political subdivisions, under the Tucker Act. This would cause tremendous embarrassment to numerous agencies and officials who would be labeled as racketeers, but also as aiding and abetting terrorism under the anti-money laundering provisions of the Patriot Act.
If this is not bad enough, there is exposure of state and federal judges who aided and abetted such racketeering activities. In any civil RICO action, ANY judge who made ANY decision in MERS’ favor, is in violation of both RICO and The Patriot Act. It would be in everyone’s best interest to immediately seek injunctive relief in each of the Attorneys General individual states, preventing MERS from seeking relief in ANY court, as an entity claiming standing. It would further be in everyone’s best interest to order a “cease and desist” order, preventing MERS from operating in each jurisdiction. The AGs should also review the Treasury, SEC, and the state legislator’s, actions in furtherance of this racketeering activity. This includes;
Amendments to existing laws to allow standing for MERS in state courts
Amendments to the Alienation of Land laws
Amendments to the Land Record Laws
Amendments to the Public Record Laws
Amendments to the Election / Campaign Contribution Laws
Recission of bucket shop laws (which is also a Constitutional violation, as it relates to MBS transactions)
Amendments to Securities Laws
Campaign contributions showing a pattern of racketeering activity
If the 50 state attorney generals proceeded in this manner, this would avoid tremendous;
1. political embarassment
2. judicial embarassment
3. mounting costs of TARP and HAMP associated with private rights of action against the State and Federal governments
4. billions in lost revenues from land recording and taxes associated with such
5. inaccuracy in records of the Land Courts and Registry of Deeds, opening up the states to liability to private rights of action.
6. inequality of protections under the laws. States require taxes and recording fees from individuals, but through MERS, the states allow avoidance of these laws by any entity using this system. This is a Constitutional violation.
7. anti-trust violations
8. RICO violations
9. Patriot Act violations. This is especially disturbing that this law is being ignored. It gives the impression to Americans, and rightly so, that the act is being used as an instrument to destroy Constitutional protections of it’s citizens, instead of preventing Terrorism.
10. Tax frauds
11. SEC violations
12. TARP / HAMP violations under the authority of SIGTARP.
13. Prevention of another economic meltdown associated with the mortgage industry.
14. losses in revenues, by putting homeowners back in their homes, that were foreclosed on due to racketeering.
15. falling housing prices by reducing foreclosures, and reducing unoccupied properties
The writing is on the wall that you cannot avoid this issue forever. No amount of campaign contributions or rewriting of the laws is going to stop the inevitable. NOW is the time for the 50 state attorney generals to take action. Let the chips fall where they may, and restore faith in the financial system, the judicial system, law enforcement, the housing market, and government.
Thank you for your time and consideration in this matter.
I have previously written to you about immediately enforcing our state and federal laws, specifically RICO, in regards to the mortgage and financial industry.
I am writing again because I am very concerned about the apparent influence being bought in connection with this matter.
The Democratic Attorneys General Association has been receiving extraordinary amounts of campaign contributions from the very institutions you are allegedly investigating.
In my home state of Massachusetts, this is criminal.
(MGL 268A@2 and @3). I am sure it is in every other state as well.
Under Title 18 of the United States Code, Chapter 11 @ 201, @205, @208, and @212, these donations would be criminal as well. The AGs are authorized to enforce HAMP, under the laws of Congress, and to examine financial institutions. The acceptance of these campaign contributions is illegal under @213.
Their contributions to DAGA is also a violation of the Federal Election Laws Sec. 441b. For those under TARP and HAMP, it is a violation of Sec. 441c.
The AGs are walking a slippery slope by accepting campaign contributions from institutions they are investigating. This can also cause Conflict-of-Interest problems in the land courts, when the Democratic AGs are receiving financial gifts, directly or indirectly, which gives the appearance of purchasing influence.
The American people deserve impartiality. I am asking you to call on a moratorium on these campaign contributions. Further, the contributions should be returned. I fully understand that no criminal charges will come from them, but you should at least give the appearance of fairness.
Private loan. No power of sale in the Real Property only the Note and Mortgage, Acceleration clause limited to the conveyance of real property or the divestment of title. No Default at the time Default was wrongfully taken. When these issue were raised to the Trustee and the debt was disputed. Lender and Trustee provided a false accounting that was not certified by a fact witness that maintained the account that was recalculated 5 weeks after default was taken. I filed for wrongful foreclosure and quiet title etc., court took 24 days to authorize lis pendens and authorization was given same day trustees deed was recorded. None of the prerequisite notices required in the contract or CivCode 2924 were complied with and no notice was ran in the newspaper. Unlawful Detainer “U.D.” was then secretly conducted by an attorney that is known for denying U.D. Defendants their due process rights and it was discovered that the Clerk of the Fontana District of the Superior Court took 11 days to mail Notices required by Cal.C.C.P. 1161.2(c) which are required to be mailed within 48 hours and also allowed the Process Server to use Substituted Service the same day the Complaint was filed. Court has refused to allow me to file a Notice to Vacate a Void Judgment , A Motion to Quash, A Motion to Compel, I was put in jail for 15 for CVC12500 and held on $910,000 bail, which two judges refused to lower including the one who is denying me my rights in this case. The FBI only investigates title theft when the amount is more that $1,000,000, my property is worth $500,000 with three units on 1 lot, the DA only takes complaints if it involves loan modifications which are passed on to the Attorney General. However, if I was caught with a still of gum allegedly stolen from Walmat and I couldn’t account for my whereabouts and did not have a receipt I would very likely be prosecuted.
The problem is this – The state retains the ownership of all property, not the banks. It is not that the State is on the Banks side its the Bank working for the state. The state also created a fiction whose name is like mine. The state make up all the rules and creates the environment in which we suffer injury and uses the banks, the tow companies and anyone else that’s ripping us off as an excuse – they just don’t want us to know that America is a communist county because as the experiment between USSR and USA proved – the perfect slave thinks he is free!
I had a Russian woman move into my home and she put things like this…
“You American’s are slaves just like we were under communism…the only difference is your Government gave you credit….Now they have taken it away!!
Live & Learn!
figgjax
February 22, 2011 at 5:21 AM
That really funny, cause I’m from England, but I’ve always said USSR and USA were an experiment – one was told they were NOT FREE and they didn’t go anywhere the other were told YOU’RE FREE 2 GO ANYWHERE BUT BE CAREFUL CA– USE EVERYONE KIDNAPS AMERICANS, so they took their 2 week vacation going to 10 different counties or else they too stayed home. Both were kept pretty isolated from the rest of the world and for 50 or so years both sides made amazingly great advancements in every area medicine, sports, weaponry, outta space, etc., each one thinking the other was the boogie man. And the objective of the biggest science experiment the world has known to date was to see if the: THE PERFECT SLAVE THINKS THAT HE’S FREE!! and just like in Trading Places some rich uncle made a buck or two on proving that theory – the problem is neither one is that good without the other – and there’s something that the Actors in my case have forgotten about and that is – United We Stand – But if You Fall You Fall Alone, Cause the Show [State] Must Go On!
Elyse Del Francia
February 23, 2011 at 8:22 PM
Anyone from California will need to read this…
Not good News!!
Elyse
Here’s a little different situation. We received a notice of foreclosure in Dec., 2008. We immediately called Citimortgage (CM) who offered us a “Homesaver Advance” loan for our back balance. We began regularly making our normal payment and 6 months later the additional payment on the Homesaver loan. We thought all was well and good.
Several months into this we received notification from our insurance company that our homeowner’s policy was being canceled for non-payment. We called CM and they confirmed that the premium had not been paid because they still showed us in foreclosure. Multiple long phone calls later, CM assured us that they had fixed the error and would get the payment out. 90 days later we got another notice of cancellation from the insurance company. Phone calls, assurances, check is being sent, etc. 90 days later…this went on for about 18 months before the insurance was finally paid and our home was covered! All this with the money just sitting in escrow!
That should have been a red flag…but just over a month ago (this all started in 12/08) we prepared to sell our home and contacted a real estate agent. She pulled up the county tax records only to find that CM owns our home according to the tax rolls! So she pulled our credit report and sure enough it shows a foreclosure on our report! We have received monthly statements showing principal and interest, escrow balance, amount paid out of escrow for insurance and taxes (yep, we paid the taxes for property they say they own!) When we called CM they readily admitted their error and have sent letters to the 4 major credit agencies, but they haven’t yet rectified the tax rolls!
Has anyone else had this type of issue??? I’d love to hear from you…
I am looking for any information about David Perez, whose name appears on MERS/BAC Mortgage Loan Servicing ASSIGNMENTS OF MORTGAGE as “Vice President” of MERSCORP. If you have an ASSIGNMENT OF MORTGAGE with David Perez’s name on it, as a signatory in any capacity or if you have any information pertaining to David Perez in this regard please do email me.
I am battling a foreclosure action in Florida and suspect that the ASSIGNMENT OF MORTGAGE recorded in my case by Attorney David J. Stern (before he was terminated as BAC Home Loans Servicing’s attorney) is a fraudulent, manufactured document and need documentable proof that it is. Thank you.
Go to foreclosure hamlet and hit the “depositions” tab on the tool bar…there are depos there from Cheryl Samons and Tammi Lou Kapusta…Sterns office procedures are well explained and you just enter those as Exhibits so it is entered into evidence.
There were hundreds of signers, use what has already been deposed!!
Good Luck…
Tim Bryant
March 13, 2011 at 12:35 PM
Joyce,
I have more info on MERS for you. Look for the deposition of William Hultman of MERS, online. He is the sole officer / incorporater of MERS. He admits that MERS was not meant as a “legal system of record”. It also shows there was never a corporate resolution to make any “vice-presidents” or “assistant secretaries”. He doesn’t even have the authority from MERSCORP to do that. In fact, all the “true” and “certified” copies of the “corporate resolution” date, are added as needed. There is no such animal. Since that deposition, Mr. Hultman, and the CEO, R.K. Arnold are flying the chicken coop. The house of cards if falling with regards to MERS.
I can appreciate wanting to have evidence that a particular individual who signed an assignment of mortgage as a Vice President of MERS did so fraudulently, but do you realize the fact that it was assigned by MERS is in of itself enough to constitute fraud ? If you do more research on MERS you’ll see that MERS has no beneficial interest in mortgages and therefore has nothing to assign. The information at their own website supports that.
We had a complaint filed against us on April 15th of 2009, one day after a fraudulent assignment was executed by Cheryl Sammons (14 year employee of David J. Stern) supposedly assigning our mortgage from MERS to GMAC who happens to be the servicer on our loan.. The assignment stated that it was “effective” as of March 11th, 2009, which undoubtedly was the date Stern received the foreclosure file from Fannie Mae. (A Plaintiff cannot file a complaint in a foreclosure case unless they have legal standing to foreclosure before the date of the complaint.) Clearly the assignment was created in order to create legal standing for GMAC to foreclose. We’ve answered everything that has been filed in our case and have fully addressed the MERS issue. MERS, despite their claim to be both the mortagee and the nominee for the mortagee, has no beneficial interest in the security instrument or the promissary note and therefore has no legal standing to assign anything. Therefore the entity to which our mortgage was assigned has no standing. If you don’t own something you have no legal authority to give it to someone else. And when you do, it’s commonly referred to as stealing.
The last thing that was filed in our case was in December of 2009. Since then we have heard nothing. If you know how to refute anything that’s filed in your case you can hold them off and in my opinion, eventually they won’t want to answer you anymore, because it’s incriminating and to expensive.
David Perez works for the “Document Execution Team” at BofA in Plano, TX. Here is a deposition in MA where the BofA employee states he informed her that the DET was “trained” to recognize signatures. Follow the link..
I would be very interested to learn if anyone else has looked at their Chase (or other firm) mortgage loan documents and found that certain pages seem to have been swapped out — because my initials clearly were copied into the document (done poorly too) — even the bottom parts of the letters in my initials are missing and are not on the signature lines. This involves more than one page.
When I printed off the documents from the county – I about fell out of the chair.
Chase has refused to provide evidence that they own the note…they sent me copies of the mortgage loan docs (same as those filed w/the county) – that was it – and warned me that they are going to enforce the debt.
Should I send these obvious fraudulent papers to Freddie Mac / OTS ? What might the best course of action be? Thank you so very kindly for any suggestions / comments / similar stories.
Right, the copy you get of the mortgage should match the copy recorded in the county records. That is normal. What you want is a copy of the PROMASORY NOTE. It is the note which is evidences of a debt. The mortgage is just an ancillary document that allows foreclosure if the conditions of the note are not met, (i.e. payments, etc)
You may want to think about filing a Qualified Written Request. You also want to know who holds the note and who is the owner of the note. I doubt that Chase is the owner. I suspect they are just the servicer, who collects your money, and then sends it on to someone else. Your note is probably owned by some trust based in NY.
Getting competent legal counsel BEFORE you are foreclosed, who can bring an action to quiet title may be a smart first move in a non-judicial state.
Hi , i had world savings than wachovia bought world than wells fargo . I have 2 mortgages with same banks . They foreclosure on the 2nd mortgage . Now what happens with the first ? Also in the records both mortgages are in world ?? I dont see no assignments ?? And the plaintiff is saying in Pa. they are not require to conduct any action to transfer in Pa. 15 Pa. C.S ; 1929 (b) .
any advise
Here are the names on my loan , world savings , wachovia , wells fargo
pam wilson from world savings , e guzman vp of loan docs of wachovia , robert hussmann vp of loan docs at wachovia . only notary is mark codina from texas , agency is american association of notaries , surety co. western surety co.
wells fargo na is America loan service as there servicer .
I am scheduled for a Wells Fargo foreclosure next month, March, 2011, in Georgia, a non-judicial state. I can find no mortgage assignment. My original mortgage started with HomeBanc in 2007. After they filed bankruptcy, many of their assets were sold to CountryWide Financial. The servicer was EMC for a few months, than went to America’s Servicing Company (supposingly owned by Wells Fargo). Wells Fargo claims they own the loan. I have tried for several months to get a loan modification, to date no success.
Anyone have any suggestions on a good foreclosure attorney. So many of them take money, and do so very little. I would like to know of any Georgia success stories in this foreclosure crisis. In Georgia the lender can just take the property, no court hearing, nothing.
hi what you are experiencing is dual tracking. i am also waiitng on a wells fargo loan. no assignment with county, just wells fargo whom sold my loan they are the servicer. i just read a post on this web site that said that if you are still being considered for a mortgage modification and the “dual tracked” you and now you have a foreclosure sale pending, take the modification paper work to court. the judge will diss miss the fore flrosure for now. that will give you more time to find an attourney. please check out http://www.foreclosurehamlet.com there are alot of people on that site that know laot and can help you. please good luck i feell for oyu. going through the same in flroid. please also check all your mortgae paper work for annomalies. i found appraisal fraud!!!!! the jugde is going to love that.
I am in Savannah, we stopped our foreclosure by contacting Freddie Mac and telling them that US BANK would not produce the note, the lawyer did not check the assignments and we had proof of fraud.
Freddie Mac made them cancel foreclosure and start modification.
Did you check the clerk of court web site in GA to see what they have? They charge you to look, I have an account and would be more than happy to check for you. My email is kmj0120@gmail.com
KAY MIXSON JENKINS
February 6, 2011 at 1:05 PM
The GREAT AMERICAN “PUT UP OR SHUT UP” FORECLOSURE SOLUTION!
This is very simple.
The LAWS dictate that the bank (or pretender lender) must offer PROOF of OWNERSHIP.
DEMAND a “pre-trial settlement conference.” Mediators are not allowed.
Make this an all or nothing wager. (Wall Street likes betting with other peoples’ money, right?)
Give the bank (or pretender lender) 60 DAYS from the initial hearing to produce the ORIGINAL NOTE (EVIDENCING THE ENDORSEMENTS IN BLANK or NO ENDORSEMENTS for TRUSTS?) – PLUS the ALLONGES, and ORIGINAL MORTGAGE.
Modern forensic analysis – to be paid by HAMP – would verify the credibility of the documents. Ink and paper can be time-dated with modern technology. Furthermore, hand writing analysis techniques and forensic computer technologies are also available and very refined today. Furthermore, The CEO’s (of the employees who “VERIFY” the accuracy of their own signing authority as evidenced in their own affidavits,) would be “sworn in” for perjury and other related potential criminal actions. This would also perhaps eliminate forgeries and criminally manufactured documents by the banks (or pretender lenders,) their foreclosure mill attorneys, and/or their default document preparation firms… To further GUARANTEE and ENSURE fairness, the Homeowner would choose the forensics firm who would operate under the penalty of perjury and fraud.
This simple wager would be established as follows:
1- The pretender lender would “sign off” at the initial “pre-trial settlement conference” on the mortgage and note, (FREE AND CLEAR with clean, marketable title, including the pretender lender’s assumption of all future liabilities for “John Does’ 1- 1000.”) The homeowner would then drop all future claims and counterclaims, and own their home free and clear. Further criminal prosecutions would be dropped for this individual case.
2- IF the pretender lender would NOT “sign off,” then the FORENSIC TESTING RESULTS – OR pretender lender’s NON-COMPLIANCE … in the following 60 days … would determine the FINAL OUTCOME of their claim.
3- At the end of 60 days at the NEXT summary hearing, (held exactly in 60 days,) IF the bank CAN LEGALLY
PROVE THEIR OWNERSHIP by producing the legally necessary documents to the court, the HOMEOWNER has 30 days to peacefully surrender the premises without any further litigation.
4- At the end of 60 days at the NEXT summary hearing, (held exactly in 60 days,) IF the pretender lender COULD NOT PROVE THEIR OWNERSHIP to the court, the HOMEOWNER would receive the HOME – FREE AND CLEAR – (and FREE FROM ALL FUTURE LIABILITIES from “John Does’ 1 – 1000″ ….) PLUS, the homeowner would additionally receive FIVE MILLION DOLLARS CASH ($5,000,000.00) from the pretender lender now proved to be a criminal. Mandated criminal prosections and incarcerations would then follow for corporate parties found guilty of fraud, perjury, RICO Conspiracy, etc….
This MOST CERTAINLY, WITHOUT ANY DOUBT, would:
A) END “AB– USE OF PROCESS” and “FRAUD ON THE COURTS!”
B) END LOAN MODIFICATION SCAMS BY ALL ENTITIES!
C) END THE TYPICALLY UNFAIR AND DECEPTIVE PRACTICE OF QUESTIONABLE FORECLOSURES – and, so far, MOST (if not ALL) FORECLOSURES are questionable! (… Let’s not forget about the RAMPANT MORTGAGE FRAUD by the BANKERS in the lax and irresponsible origination and appraisals.)
D) END UNNECESSARY LITIGATION COSTS to homeowners, who cannot afford litigation in the first place. Only 5%(?) of homeowners are litigating and many of them are going bankrupt to merely protect their legal rights. There is currently very little JUSTICE for most homeowners.
JUSTICE is CLEARLY NOT AFFORDABLE!
Long and protracted litigation, through slick, legal maneuvering by attorneys (on both sides) – is demonstrably immoral and unethical.
E) END The strain of COURT COSTS to the TAXPAYERS and STATES!
F) END EMBARRASSMENT by many Judges, Bar Associations, and GOVERNMENT AGENCIES who have aided and abetted, at the very least, unethical behavior, or at the very worst, criminal behavior – regarding foreclosure fraud and mortgage fraud by the banks!
G) END The MISTRUST by citizens of law enforcement, regulatory agencies, and governments who have been wholly negligent of thier DUTIES to PROTECT and SERVE the citizens (who pay the “PUBLIC SERVANT’s” wages and benefits through taxes!)
H) END the WASTE and FRAUD perpetrated on America by worthless government and social policy programs!
I) END the CERTAIN DECLINE OF OUR ECONOMY. Millions of FREE and CLEAR HOMES would RE-START our economy with legitimate (and immediate) equity based lending!
J) END CLOUDED, UNMARKETABLE TITLES that will clog up the legal system for years to come!
K) VALIDATE and REAFFIRM OUR COUNTRY’S COMMITMENT TO FACT, LAW, JUSTICE, FAIRNESS and TRANSPARENCY!
L) UPHOLD THE SANCTITY of “our” U.S. and STATE CONSTITUTIONS!
.. And WHY COULD this NOT OCCUR?
You may call this:
the GREAT AMERICAN “PUT UP OR SHUT UP” FORECLOSURE SOLUTION!
ISN’T THIS WHAT AMERICA STANDS FOR…FAIRNESS, JUSTICE, and EQUAL PROTECTION under the LAW?
HammerTime
February 7, 2011 at 6:33 PM
Great post on put up/shut up.
I would just add some damages maybe a couple of year’s worth of income instead of possibly huge damages they can be liable for.
We need to track where all homeowner support money went. Mortgage law prev had funds set aside for homeowner legal fees until first Bush or Clinton.
Any Depositions on Leticia Quintana? I see other have commented on her signature for Recontrust in AZ. This occurred in the Pacific NW also. Need the Depo for current lawsuit. Thanks in advance
I am looking for any info, signatures, or depositions for Liquenda Allotey, Shoua Moua, Laura Hescott, and Karen Pancuk. I am also looking for a Network contract between LPS/FIS with their legal firms and title companies. Anything is deeply appreciated. (most specifically as it relates to the year 2007 and 2008)
There are several depos for LPS officers, Shoua Moua is fully compromised with good depos, I do not recognize the rest. Look at the depositions link from the menu above.
What state are you in and are you on the ForeclosureHamlet website? Knowing what info you are trying to get at, or fact you are trying to prove may help direct you to the right nugget of information.
Michelle
February 2, 2011 at 1:43 PM
Thanks so much for the response James.
I am in Ohio and we are a judicial foreclosure state.
I signed a loan/mortagage with a lender in California in April of 2007. In June of 2007 a servicer sent me a notice stating that they had acquired the servicing rights to my mortgage from the lender as of June 28, 2007. My initial payments were to start July 2007. I contacted my lender to validate this servicing agreement and they said that they would send along doc to confirm. Neither the servicer of lender responded by sending documentation. in November the servicer started foreclosure proceeding because of default. With the complaint they filed a copy of the mortgage that was posted in our county recorders office. They subsequently submitted court documentaion of an unnotorized and undated allonge signed by Karen Pancuk as proof of ownership of the note. The date at the top of the fax says December 12, 2007 and it is sent from a number in California. I have verified that this number is FIS. I also have affidavits and notorized signatures for that date from LPS in Minnesota. (Liquenda Allotey and Shoua Moua) Also signatures from Laura Hescott and Christne Allen on other documents. It looks as though all these documents were prepared by Lerner Sampson and Rothfuss law firm.
I am trying to track how my mortgage can to be serviced by the servicer. How and wen did the servicer acquire my loan and mortgage from the original lender? Why Liquenda Allotey signed an affidavit stating that MERS was acting as nominee for MERS who I had a loan with? I never signed a loan with MERS. How can I have documentation regarding my loan signed on the same day by LPS in Minnesota and FIS/LPS in California? If the mortgage was reviewed to be true and correct by Liquenda on that day and he had all the documents where does Californoia come in?
I understand from reading the LPS has a network agreement with several law firms and title companies. How can I find a copy?
I understand a good bit of the MERS / LPS / FIS stuff, at least I try to. Your story of a free floating allonge is interesting. They can’t be free floating, they must be attached to the note in question. I would like to talk to you about this further.
You can contact me when I am on the ForclosureHamlet website. If you send me a friends request, after I get that and respond you can send me a message and then we can exchange email and phone info.
I am looking for depositions for the Callaro’s, Kwiatanowski and John Kerr all with GMAC. Does anyone know where or how I can get these if in fact they have been taken?
Chase Home Finance, LLC
Whitney Cook
Beth Cottrell
Margaret Dalton
JPMorgan Chase
Lender Processing Services
Long Beach Mortgage
Stacy Spohn
Christina Trowbridge
Washington Mutual Bank
Action Date: September 30, 2010
Location: New York, NY
On September 29, 2010, financial giant JP Morgan Chase announced it was suspending 56,000 foreclosures because its documents may have been “submitted without proper review.” To assist JPMorgan Chase, Fraud Digest suggests that it dismiss those actions where the Affidavits or Mortgage Assignments were signed by the following robo-signers:
Beth Cottrell, Whitney Cook, Christina Trowbridge and Stacy Spohn from the Chase Home Finance office in Franklin County, OH
; Margaret Dalton and Barbara Hindman from the Jacksonville, FL office of JPMorgan Chase;
and any of the Lender Processing Services robo-signers from the Dakota County, MN office including Christina Allen, Liquenda Allotey, Christine Anderson, Alfonzo Greene, Laura Hescott, Bethany Hood, Cecelia Knox, Topako Love, Jodi Sobotta, Eric Tate, Amy Weis and Rick Wilken
. In particular, JP Morgan Chase should look at those cases where the bank has supposedly assigned mortgages to WaMu, WMALT, Long Beach Mortgage Company and NovaStar trusts years after the closing dates of these trusts.
The number of questionable or fraudulent documents is likely to be much closer to 560,000 than to 56,000, and that will only be a good beginning.
I am trying to modify BOA/CW loan on investment property after I got HAMP on the primary.
The bank is very reluctant to do so, especially when I am not delinquent. The property is deeply underwater and refi is not possible. I am in Florida.
Thank you.
Michelle,
Thrilled to see the Associated Press is interested in writing a little something about the worst criminal attack on some 62 million American homeowners in the history of the United States!!
Somehow the media began to report on it some 3 months ago and I’m sure I speak for many of us…we were jumping up and down with hope!! However, it stopped as soon as it began and we came to understand the very banks that are stealing our homes also own the media!!
There are millions of stories to tell but they will all read the same…THERE ARE NO LOAN MODIFICATIONS!! The Banks lost the notes and MUST get us out in order to re sale them and create a new note to cover up their crimes…
That’s the story…
How about discussing MERS and how that computer has defrauded every county recorders offices in all 50 States creating all States going bankrupt!!
That’s yet another story NOT BEING REPORTED!!
Want more? elyse@gte.net
I’ve got 62 million of them!
Seemed as though I was a perfect candidate at one point but then all the rules changed while the lenders allowed the economy to tank. I feel the whole process needs to be looked at and how homeowners have been scapegoated. Willing to share my story if can dedicate time.
I thank God everyday that I was “not qualified” for HAMP HOPE or any modification program. You requested info from “Perfect Candidates” perhaps I’m not “perfect” and so relieved to be imperfect.
The Mods are just another underhanded way for the banks to take the last dollars you have-do not apply the payments towards the Mortgage loan, receive more Gov. payments to them just to string you along while they create more fradulent docs.
TWO YEARS AGO the reason I got a pro bono Attorney (another miracle) was to request a Loan Mod.
Florida even has a REQUIRED MEDIATION PROCESS-which I did not qualify for (my Lis Pendens was prior to recent rulings)
Now my Attorney says-we do not want or need a Loan Mod.
We have plenty of ammo with Fradulent Docs
Have filed motion to Compel-In Camera July & August of 2010. No response from BOA/CW servicers. Lets us all pray they get rid of this MODIFICATION PROCESS ! BOA says they have the NOTE & Mortgage- not so- just copies and improper MERS assignments-robo signatures-back dated docs-fake Notary Stamp Dates ! Thank you for your request to garner valuable info from those of us fighting the banks.
Luis
February 3, 2011 at 3:34 PM
Great post!
I’ve bought another 30 days. I wasn’t able to get pro bono attorney since most of them work for the banks!…I was told by non-profit.
What state are you in? I’d like to refer info where pro bonon has been done for homeowners.
I am a B of A customer. In August 2009 they sent me lon modification application. We filled it out and gave them everything they asked for. Our “trial payments” started in September 2009. In March 2010 we received a letter via FedEx stating that we had been approved for a permanent loan modification and “to be on the lookout for final documents”. It is now February 2011 and I still don’t have documents and B of A is now stating that in June 2010 they reconcidered the modification and denied us… They also state that they sent us a letter in June 2010 stating that fact via FedEx. No signature was gotten and we never received the letter. I can’t find a class action accepting new plaintifs, can’t find an attorney that will take on a civil suite on conting. Any help would be appreciated. It is time someone stopped these banks from doing this……HELP
I am in Ohio and had my home foreclosused on in 2009. I have just recently, two weeks ago, found out that the mortgage servicer, Saxon, did not own my mortgage note until 2 months after they filed for foreclosure on my home. The attorney that worked with me was disbarred for 18 months for failing to service clients in the foreclosure process. I was only one month late due to bills coming to me at the same time from my original lender, Accreditted, and Saxon who said they were now servicing my loan. All the documentation filed withthe court is fraudulent and from LPS.(Fidelity something back in “07) Liquenda Allotey, Shoua Moua, James Morris, Laura Hescott, and Christine Allen. Representing law firm was Lerner Sampson Rothfuss.
My question is simple…do I at this time have any recourse????
I purchased my home in a coastal California city in Santa Cruz County. Pretty simple transaction, $70,000 down and a mortgage loan of $250,000 from Countrywide. This was not a ‘liar loan’, ‘no down’ or ‘overappraised’ home purchase. I put my down payment money into escrow and closed on the house to move in.
After one year the home values started to drop. I received a from Countrywide about a ‘modification’. I called them & they said ‘we can’t help you’. Painfully I kept making my mortgage payments knowing my mortgage balance was well OVER my home value. CW was eventually bought by Bank of America. I thought ‘great’, now BofA can modify my loan.
In preparation of the modification process I started to send demands to BofA to produce loan documents using a ‘Notarial Protest’ method. This technique eliminate the ‘we never received that’ defense later (tip I learned from a book I picked up at CleanYourCreditFree.com) I also sent other type demands (tips I got from YOUR Emails & website message(s) and the Bank Fraud Victim Center: http://mortgage-home-loan-bank-fraud.com)
I was very nervous about the [legal] process but began to feel empowered as I learned more from your Emails and articles, plus info from these sites and that great little credit cleanup book, etc. There were may ‘A-ha’ moments….
Not getting any return contact from BofA I stopped making mortgage payments to get their attention. I also made phone calls to BofA asking for help. I had surrendered to the thought that they’ll eventually come get the house. Hey, they’re a Big Bank with LOTS of money and lawyers. I’m just a homeowner who has lost $70,000 in home equity and no money to hire expensive attorneys.
I received a court summons from the banks attorney. They wanted a ‘constructive trust’ formed and filed for a court order to compel me to re-sign a mortgage note and Deed Of Trust (DOT), telling the court these documents had been ‘lost’. (Perhaps in the move from CW to BofA) I attended the first court hearing and demanded to see the Note, DOT and Deed documents. The bank attorney said he didn’t have them, so my case was continued (to give them more time to find them).
I went to the county recorders office to get copies of the (lost) documents.
It was then I discovered that the title company had NOT recorded the mortgage note, DOT…..NOR….my Grant Deed (publicly recorded title document in California). My house was still under title to Washington Mutual Bank, who had foreclosed on the previous owner, and who I had purchased it from. ‘WAMU’ also no longer existed and is now owned by Chase Bank. I sent demands to Chase Bank, again with no response. I tried to contact the Title company who handled my house closing; they are also ‘out of business’. So my situation was:
Bank who sold me the house as gone (no-one to issue new grant deed); Bank who provided the mortgage funds is gone (no-one to issue a new mortgage note), Title company that insured the title as gone (no insurance company to sue) and my house was NOT in my name (I was technically ‘homeless’). BofA didn’t care about MY title document. Their court case only wanted to get THEIR documents recorded (ie: Promissory Note & Deed of Trust) so they could foreclose. What they were saying to me was: ‘You must owe somebody, it might as well be US’.
At this point I ‘could’ have filed an insurance claim to the title company for not completing the transaction (costing $1000s in attorneys fees) and hope to get money from a company that no longer existed but instead chose to continue the ‘bank’ court batle.
After ‘3’ court hearings over 9 months: me demanding loan documents and bank attorneys saying ‘we don’t have any’; the court issued an ‘Order To Show Cause’. Faced with this ‘court order’, the bank attorney filed a CASE DISMISSAL ‘without prejudice’ (meaning they could still file a lawsuit against me later).
I then filed a ‘Motion to Dismiss WITH Prejudice (ie: they can never sue me again for this issue), served the summons on the BofA attorney and arrived in court for the motion hearing. The bank attorneys did not even show up, and the judge granted my motion: ‘DISMISSED WITH PREJUDICE’ (ie: they cannot ever sue me for this issue again)
Net Effect: the Note and Deed Of Trust are gone. I’m getting a Deed Copy from the archives of the defunct title company and will record it into the public record. I ‘finally’ received a response from Chase Bank which said ‘we don’t own this property’ (perhaps lost docs from WAMU to Chase).
My MANY THANKS go to your website, the Bank Fraud Victim Center and the CleanYourCreditFree.com manual. I was able to eliminate my mortgage WITHOUT using an ATTORNEY and spending large amounts of money on legal fees.
My credit is still pretty beat up because of all this but the tactics in the free credit cleanup book I mentioned are being used now. I expect my credit scores to increase over the next few months as these negative items are removed (Again without using debt counselors or attorneys who charge money)
I am happy I did not lose my home and now live with no mortgage payments. I am not proud of the outcome and never wanted to ‘cheat’ a bank (or anyone else). I was ready, willing and able to continue to pay for a fair mortgage if BofA (or who-ever owned the mortgage) would have modified it to current market levels.
As I no longer have to expend money for housing, I’m directing a percentage of what I used to pay for this to homeless projects locally. Hopefully I can make a difference for others who may not have had the outcome that I experienced.
MANY THANKS to your website writers and message posters.
hi thank you, you are an inspiration for all of us whom have had mortgage fraud . my home also is
also only publicly guarateed to hells forgot (my new name for wells fargO) HOMW I COULD GET MY HOME. waiting for a loan mod too.
hi chris hope you are still receiving updates in your email. can you please contact me. i iam in your situation. got one mod from wells but they stole 10k and tacked it on an already up side down mortgage. waiting for a hamp mod now. would pay a reasonable amout monthly. wells who closed on my loan in 2006 is the only recorded mortgage, and my deed is recorded. apparently according to well my loan was “sold” and i am listed on fannie mae web site with wells still listed in county records. also i reviewed all my paper work. i have the deed signed and notarized an original, also one is with county. The mortgage and note are blank!!!!! i am terrified how can a tiltle insurance company do that????? anyone can show up with a note and mortgage and say its the original, i do not have my own to compare. i am so sick to my stomach. on top i have appraisal fraud committed. straw buyer on a comp they used to appraise my house in 2006. so email me can use some advice. i just sent my 2nd set of paper work to wells. playing the game. jodiandre@yahoo.com thanks
I am in CA and have been fighting lender for more than 3 years. My case is unusual but I was able to stop sale 3 times but have sale date for 2/4 and basically on last legs. I ended up in high interest loan with crash in ’07. I had business at that time, but needed funds, and was told I could have loan changed as soon as things settled down. At same time I was told I wouldn’t be able to get better loan unless I paid off second.
From first payment I was told by Chase that I was a good candidate for loan modification. After a few months when nothing was done I started going through loan mod services and eventually a lawyer. I was offered a forbearance plan where my loan was to be cut in half and amount owed was going to be pushed to back of loan which at that time wasn’t bad.
I was happy to hear this but business had started to suffer so I asked for documentation, as they were asking for $8,500 payment, which lender would not provide. The lawyer tried to assure me I should go ahead and pay but I refused unless the lawyer would provide me with documentation and recordings.
In the end lawyer stopped returning my calls and I fought off sale with help of paralegal and twice more challenging lender with extensive documentation I kept and with complaint filed with Comptroller. At one point they sent people to evict and had to rescind sale. Within complaint I offered to settle to have loan reduced from $600,000 to $500,000 to achieve lower payment I could afford at that time. This was never acknowledged. Now for sale for less than $400,000 and they attempted to buy for less than $300,000 but now can’t show income.
Comptroller recently seemed to side with lender so I had to get postponement of sale in Dec, though I expressed need to wait until February, and went into short sale process.
Goal was to get an investor and do a lease buyback with time to show income. There’s a slim chance I will be offered a job but could be the end of the road if not. Legal/real estate group I’m working with had investor that had done such deals but not clear that effort was done to get investor. HAFA prohibits but there have been such arrangements so may have to force lender.
Group is suggesting and seemed to be pushing I go with short sale anyway and go with “fresh start”. Wondering if they are acting in my best interest as broker disappeared and replaced and after reading comments here.
As I said at the beginning my case is complicated and has characteristics of predatory lending, unfair lending practices as well as abuses in stringing me along, unreasonable interest, and illegal attempts to evict etc.
I get the feeling postponement attempt will fail. I have basically no funds for legal help. Will be approaching family this week if not tomorrow. Not having income and long period of trying with no luck as others on hear has me on the defensive though I’m starting to get second wind with sites such as this.
I’m hoping to figure out if legal non profit/broker are on the up and up.
They are charging $1,100 for formal request
$2,850 for TRO
$7,500 to start lawsuit and say could be $20,000 if it goes to court but most likely get settlement.
Another service is offering applying for class action for $3,000. Other group also charges about the same but didn’t offer. Class action group claims sale will be stopped and there will be no more late charges etc (over $200k at this point)
Any advice and tips on filing paper work in Los Angeles county will be appreciated.
My background includes real estate data and demographics for market research. I have a very good foreclosure database at neighborhood level for national level and point data for CA and possibly other states.
I believe I can assist non-profits, local governments, homeowner groups and legal groups to do outreach and strategize to deal with this issue.
Propose to work with or co-develop for legal help.
Luis, before you spend anymore money, have you check the your records at the county where records are recorded ? Make copies there. Look at dates, signatures, assignments and anthing that’s not in your original documents. Compare them to your copies. As a homeowner myself and not an attorney we don’t know everything we should be looking at, but making copies of the important papers helps. If your loan was securitized, I would check http://www.livinglies.wordpress.com/ website that has several securitization packages that you can show to an afforable attorney who “Gets It”. Just recently, http://www.foreclosuredefensenationwide.com website has established offices in Ca. because that’s a state where attorneys who “Get It” will have a lot of business and this law firm is one that helps homeowners across the country. They also offer securitization packages (?), but I don’t know any of their fees. Livinglies has a package for around $359 (?) that will check your title and check SOME securitization info (Not a complete detail, but enough to aid your attorney who may or may not be up to date on the securization issue. Hope this may help and others will add more info for you and your family. Don’t give up.
Luis
January 24, 2011 at 3:40 PM
From previous loan mod services the lender produced copy of note of refinance which seemed to imply they could produce the note though never told that directly.
Lender also contradicted itself by saying investor couldn’t approve loan mod then saying they were the investor and it was good for me!
Sounds like people should be told to do chain of title if that is the case.
Will try to do what you suggest in time I have while looking at options to stop sale. Thanks for the info and encouragement.
Luis, Just ask The Lender/Servicer who owns the note and mortgage. They have to tell you. You probably have a copy of your mortgage and note, but that doesn’t mean you have the originals somewhere. Go to FannieMae, FreddieMac or Mers websites to find out if they have/own your mortgage and/or note. It’s free. Chase Home Finance, LLC kept telling me about the investors until I asked them who owned the mortgage and/or note. They told me it was FreddieMac and their website confirmed it. Get a lawyer.
Luis
January 25, 2011 at 1:59 PM
They contradicted themselves before so I’ll double check. My loan was in 2007 and they claimed to stop using MERS in 2008 from articles on internet.
Hi
Has anyone dealt with Vanderbilt Mortgage? They have loans for manufacured homes, mobile homes, RVS. they do not offer loan mods ( would not do one anyway) and have a horrible reputation. Accusations of forgery, taking homes while people still in them (homes that are able to be towed away). This company is owned by Warren Buffet.
Their interest rates are very high, shark rates. Our loan was sold to them. Our origianl lender promised to refi us at 5-6% what ever the prevailing rate, they lied and sold us.
Long story, I am tryng to find other vanderbilt clients so we can get together.
Thanks
If you can find a good foreclosure lawyer who also does class actions, or is involved with a legal firm who does them you may have some benefit in collecting a group. Otherwise affiliation with others who are in the same state may be better. You do not say your state. Depending if your are in a judicial or non-judicial state your course of action will probably be diffrent.
We purchased our house in April 2000. The note was to Ameribank
In Dec 2000 there is an assignment to Wendover from MERS with the loan executed to Century South dated 10/2000 filed 12/2000
March 2001 Wendover gives it back to MERS
In July 06 we began receiving paper work from Beverley a paralegal with McCalla,Raymer LLC stating that they represented our mortgage company Crescent Mortgage.They needed us to sign limited power of attorney over to them to convert it to real property, We have never paid a payment to this company,
Now US BANK is foreclosing on our home. 2/01/2011
Who owns the loan? This is so confusing and we don’t know what to do.
If there is an attorney out there in Savannah, GA that will help us please contact me
Yes you need a lawyer. I suggest you DO NOT sign anything to help any party who is probably going to use that document against you or to FIX a problem they have.
Look at the public records in your county to figure out the RECORDED history of your mortgage.
Look at the documents you have to figure out the probable history of your mortgage.
Write a summary and get it to a lawyer who is skilled in foreclosure defense.
MERS cannot assign to Wendover as a “sole nominee”. Only Ameribank can do that. And MERS membership rules prevent them from assigning any prommissory note. They carry no insurance, so cannot be involved in a transaction of an asset. If your loan is securitized, this is a violation of the PSA, since each PSA has an assigned “Master Servicer” who is insured under the MBS. MERS is not. Find the PSA on the EDGAR filing. See who the insurer is. Give them a call and tell them you are giving them notice of the illegal transfer of the note, and that you will notify the SEC of a violation of PSA servicing agreement, to which you have suffered an injury from. Also, if it is a pooled loan, the transfer to Wendell outside the requirements of the PSA no longer allows the tax-exempt status of the trust.
Kay Mixson Jenkins
March 13, 2011 at 9:58 PM
Our battle has more to the story. The note is in Ameribank’s name but it was sold to Crescent before we closed ( We learned this at closing).
On Feb 1, 2011 US BANK filed an assignment/transfer from Ameribank to US BANK. Ameribank was closed down in 2008.
We have a letter from McCalla Raymer stating Crescent owns our mortgage dated 7/2006. This bank was closed last year.
A letter from US BANK dated 08/2011 stating that our loan was transfered from Wendover to US Bank 3/2002 and now an assignment from a defunct bank to US BANK in Feb
We have a copy of an email from Pendergast & Associated saying they were sending the note, we are still waiting 45 days later. US BANK said they were sending it in 30 minutes been 14 days.
Friday we received a call from the District Attorney & The FBI. They want all our paper work to see if there is fraud.
Tim you are working your hiney off helping all of us. I hate to ask but if there is any advice you can give on how to handle the FBI, I would greatly appreciate.
Thank You
Kay
Tim Bryant
March 14, 2011 at 8:33 AM
Kay, if the loan was sold to Crescent before you closed, and the note was not in Crescent’s name, the note is void by operation of law. At the time you signed the note, Ameribank had no legal interest in the note, so was not a property party to it.
2nd, who did any assignment from Crescent to US Bank? The assignment to US Bank from Ameribank is void as stated in the previous paragraph.
Send a RESPA Qualified Written Request to Ameribank and Crescent asking for the dates of assignment and purchase between the 2 banks. Yes, I understand they do not exist. It is a formality. Send them to the address required under your note and/or security instrument. It should state the proper procedure under “Notice of Grievances”. Send certified mail, return receipt requested. It may come back as undeliverable. This is your proof that you followed the terms of the agreements. If you read your docs, they are required to give you notice if there is a change on of address to submit these notices. YOU ARE NOW IN FULL COMPLIANCE, THEY ARE NOT.
If you need to go to court, you use these to show you followed the terms set forth under the agreements to file a notice of grievance, and that Ameribank and Crescent did not “perform” as required. Your defense will be that Crescent was the true party of interest in the note, not Ameribank, and you attempted to rectify the issue in accordance with the agreement. Neither party has responded and are now defunct. You will then submit a “counterclaim” for release of the lien with clear and free title as a successor in interest exists does not exist. With that, you submit a motion for “summary judgement”, as the proper parties no longer exist, you could not ascertain that there was a successor, and therefore there no longer exists any obligations.
This throws the ball in US Banks court. Once they are forced to show the 2011 assignment from a bank that closed in 2008, The judge will probably issue a “Show Cause” order to US Bank. They will be ordered to show why summary judgement should not be granted. If they file an affidavit, it will be so outlandish that the judge will not believe it. He may grant you summary judgement giving you clear and free title to your home, with no mortgage payments.
Get an attorney, even if you have to beg for the money from relatives. You have an excellent chance, based on if your statements are accurate, to prevail. There is a fair chance that US Bank may not contest the issue, as every fraudulent exhibit they submit, exposes them to further liability.
Good Luck
Tim Bryant
March 14, 2011 at 8:46 AM
As far as the FBI goes, stick to the evidence. Don’t complain that they screwed you. Show them the evidence, and provide a clear image to them of how the transactions occurred. There are specific elements that need to be met to charge somebody with a crime. As far as federal crimes, these can be found in the United States Code. The GAO has the codes online that you can view. If they ask you questions that “offend” you, don’t be. They are doing there job, and are making sure that you did not assist in the fraud. That is what they do. You can even tell them to view this website and the others we mention, to get a more clear picture of how this fraud works.
Look at the SEC litigation reports, and OCC reports, to see if any of these companies have prior actions against them. They may even have injunctions already in place. This would mean that they violated the terms of their settlement agreements, and opens them up to further prosecution by those entities.
You can also see if there are any civil lawsuits which allege the same complaint as yours. This would show the FBI that the fraud may be “systemic”.
They may not immediately take them, but keep them on hand, in case they do at some point. Also realize that they may not keep you informed of the investigation, and the larger the investigation gets, the longer it will take. They usually don’t do indictments or arrests until all the perps are identified.
Good Luck, let us know how it goes. If I can assist you through the process, just email me at tbryant80@comcast.net.
Wells Fargo had a Final Summary Judgement in 2007, however they kept delaying the sale. Then in 2010 they filed an Amended Motion for Final Summary Judgement which went through. I heard there is a one year time frame to contest the validity of the Foreclosure based on Fraud (which we have the infamous Cullaro and Xee Mousa as well as others). I’d like to know if the one year is based on the Original Filing or on the Amended Motion? It is based in Florida.
Contact an afforable attorney ! That’s an attorney who “Gets It”. They may tell you something about the “Amended Motion for Summary Judgment” time frame, if any. Get yourself informed. It’s the only way to continue fighting a foreclosure. Read about the Ibanez/LaRace court decision in Massachusett (last Friday). It’s about STANDING and the securization process and TITLE.
You do not state what state you are in. In Florida the time runs from the last judgement in the case. If your motion is over newly discovered evidence, made under something like rule 1.540(b), then you best have it filed and docketed before one year from the judgement expires !! – But even then you can have it denied if you did not file it in a timely way after you discovered what ever it is that gives rise to your motion.
I am not sure that they could have moved for an amended final judgment in 2010 when the Final Judgment became FINAL in 2007. The only thing that would have been proper would be for them to make a motion for the final judgement to be vacated, and then they would probably have been ordered to RESERVE you with a revised complaint.
Just as you have a limit for appealing or reversing or changing a summary judgement so do they. If their judgement was final in 2007 how did they get it back before the court for revision ?? Under what rule or statute??
You NEED a lawyer. The questions I would have are:
(a) Was it improper to ask for a revised final judgment after the prior one had been final for a couple of years at least.
(b) Is the second revised final judgement valid at all?
(c) do you attack the revised judgment on procedural grounds – something like court no longer had jurisdiction to amend since judgement was final and recorded – AND / OR do you attack it for being invalid based on newly discovered evidence or something under rule 1.540 ?
Get your court file in order (full copy of every document indexed just like the court’s docket sheet) you should have most of them but get from court copies of anything you don’t.
Put index tabs on key documents, like complaint, first summary judgement, motion for revision of SJ and revised SJ.
Do a summary of what you think the issues are. Set as simple bullet points – ONE PAGE ONLY
Then you are ready to go interview some foreclosure defense lawyers.
I suggest putting your file in order and bullet pointing possible issues BEFORE wasting lawyers time which you will probably be paying for.
Get thee to a lawyer, or five. Interview a few. Have someone go with you to take notes, so you can think and talk and they can make the notes (just much simpler that way) and afterwords the pair of you will retain more of the information the lawyer gave you.
Yes, I had indicated in the last line that it is in Florida.
Thanks to the 2 comments. Ice Legal has agreed to represent us. I am hopeful and will keep you posted.
James M
January 18, 2011 at 12:35 AM
Please talk to the user on the Hamlet called Shirley Jones. She has had TWO summary judgments overturned. One looks a bit like yours may be.
I think she also has some suggestions on representation and how to prepare attorneys for effective for SJ reversal.
The 1 year time does not start “tolling” until you become aware of the fraud. If you just became aware of the fraud, you are within the 1 year timeframe.
Listen, GEORGIA PEOPLE If you have Bank of America as your servicer, you need to understand they are not going to give you a permanent home modification. PERIOD.
Save those payments & get an attorney!!!!
They are going to continue to suck you dry & move in for the kill when they think they have you broke.
Their Number one rule to qualify for their home modification is you can’t be late on your payments to qualify.
They are suppose to tell you if you qualify in the first 3 month trial period. They are stealing from you!!!!!!
If your loan come from Countrywide they do not have a SECURED NOTE!!!! They want you to leave your house.
Their own employee has testified in court that their practice is not to send any notes to the trust.
You don’t have to pay them a dime, must less beg them to modify. If you are wanting to pay someone, pay somebody that is actually going to help you!!!!!!!
I have a lot of information that might help you if you want to e-mail me. sonya36767@yahoo.com
What about modifications created by the Ocwen Mtg Servicing Corp. who are supposedly servicing Wells Fargo on behalf of a Trust benefiting Deutche Bank? I don’t feel right just sending money to folks who will not provide me with any signed documents nor at least respond by e-mail.
Who are some experienced foreclosure fraud or assignment fraud attorneys in the the Atlanta are who have successfully represented homeowners in this “non-judicial” state? How can one seek to settle for a lump-sum, reduced principle amount with the “real owner/investor” without being told one can only work with the loan servicer?
I’m convinced that an investor is much better served by accepting 50-60% of the principle amount than risking that I will not default again (even in the near future) or for 20plus years hereafter and have to foreclose when home prices are plummeting and hyperinflation is possible.
Paying off in “cheaper dollars” over several decades might be “good” for me if I (as a 66 year old) with limited retirement income, but… An investor getting a “present value” as a payoff from my obtaining a Reverse Mortgage should be far more preferable financially and will get the investor “off the risk” of my “toxic loan”….. I just cannot get to a decision-maker for the investor that does not have the “conflicting but vested interest of the servicer of my mortgage.”
Tim Bryant
March 13, 2011 at 9:44 PM
Write to the trust and have them explain how you owe them any money if the debt obligation was sold “without recourse”. If they say based on the MERS security instrument, ask them when MERS assigned, sold, or transferred their interest to to the Trust and it’s certificate holders. If they say MERS remains the mortgagee of record under the security instrument, remind them in that case, the sale was not completed “without recourse”, and in fact has not been perfected in accordance with the PSA. If they give you a hard time, tell them you will file an SEC complaint for a Violation of Fraud in connection with the Purchase and Sale of Securities, section 10(b) of the Securities Exchange Act”. AND THEN FILE THE COMPLAINT WITH THE SEC.
hi all i have a wells fargo loan waiting 6 months for a home mod. i get calls stating they have all the needed paper work and still nothing. i get a call 1 mo ago from my “home preservation specialist’ aka “loan negotiator” her title changed over the past 6 months. that “someone” got into her computer files while she was off and “pushe” my application foward to the next “cog” she went on to say that i would not underst and what a “cog” is, and that it means my loan was pushed foward before it was ready and if she did not fix it i could be denied. well i have not heard form her since. whats my recourse here if wells fargo forecloses on me. can she be “telephoned” deposed because she is in anpther state. “who” accessed her private computer account. please help jodiandre@yahoo.com
The more American homeowners lose, the greater some bankers profit. Logic dictates that banks would want to mitigate their losses and resolve troubled loans with borrowers. But the reverse is true for those bankers who bet against the bonds backed by American families’ homes and who make even more as the bond values plummet. Unwittingly, millions of American families became racehorses on the subprime racetrack. By saddling the horses with as much debt as possible on terms that made the load increasingly overwhelming to burden, there was little chance of anyone crossing the finish line. Even so, bankers gussied up the horses and took wagers from unwitting MBS investors such as pension funds and smaller banks all under the noble pretense of providing homeownership opportunities for all. And in the backroom, Goldman Sachs, Deutsche Bank and Paulson & Co. were betting billions that homeowners and MBS investors would fail spectacularly.
Now millions of families are falling apart under the burden of failing in a game they could never have won. Admirably but foolishly, some of the families borrowed from friends and family, took on second and even third jobs, and ran themselves to exhaustion trying to find a stride to the finish line. But the incline on the track increased with each interest rate adjustment, and the track at points became as steep as that of a mountain pass in the Rockies. At this point, government officials feigned assistance by designing a program in which they promised to level off the track by temporarily reducing interest rates, but only if the nearly-exhausted families could prove their worthiness through a three month “trial”.
However, when the incline remained intense even after the first three months, they were cheered on. “Just make it a few more months and then you will reach the Promised Land”. That was the message, yet the Promised Land remained an illusion for 9 out of 10. The survivors did not fare much better. They were only allowed to continue the impossible journey if they were saddled with even more debt and forced to remain in the race an additional ten years. Ultimately, there will be few if any survivors. Instead, the wreckage is immense, with families crushed, divorced, homeless, and/or staying in the basements and garages of friends and family. They are drained physically, mentally and financially.
Equally bamboozled, the pension funds and smaller banks lost billions on their bets. Much like a nerd who thought he was making friends with the football team, M&T Bank ponied up $82 million to Deutsche Bank in February 2007 to invest in Gemstone VII, a bond issue backed by subprime loans. Internal emails from Deutsche traders at the time referred to subprime loans as “the plague” and stated “these bonds are going much, much lower.” Still, they pretended to befriend M&T, took their money and betrayed them. Ten months later M&T had lost 98% of their investment, whose value had dropped to just $1.9 million.
Tragically, American International Group insured many of the wagers made by Deutsche, Goldman, Paulson and others. In late 2008, AIG had insufficient funds to cover the wagers and the federal government bailed out AIG, including $800 million earmarked to pay Deutsche Bank for their winning bets that American families had failed. Thus, in a true molestation of American capitalism, the families who had struggled and lost were made to pay those who made the twisted bets against them. To make sure they did not get caught, these Wall Street titans infiltrated the enforcement positions at the Treasury Department and Securities & Exchange Commission. Most notably, SEC enforcement Chief Robert Khuzami was lead attorney at Deutsche Bank and signed off on Gemstone VII and hundreds of millions of soured subprime bonds. As a result, they get to keep their ill-gotten loot by paying protection money disguised as campaign contributions, gifts through lobbyists and a paltry fine here and there. So, when your servicer tells you they lost your paperwork for the fifth time, denies you a modification even though you have made a year’s worth of “trial” payments perfectly on time, or even denies a short sale and proceeds to foreclose and then sell your home as REO for a lot less money, recognize that your banker may succeed the most when you lose the most.
Recording date 11/02/10 page 0862 Notice of pendency of action was filed in Sacramento County with the recorders office. The civil case 2010-00072319 was dismissal without prejudice, it now becomes an aiding and abbetting, illegal foreclosure, eviction and sale.
GMAC relied on MERS, which is a software that EDS (at one time a General Motors company)created for the mortgage industry. In order to be valid the assignment must be recorded California Civil Code 2932.5
I can file suit under the fair debt reporting act.
Recording date 10/22/10 Buyer Name Lorenz William H. price 160, 000.
Document # BK-PG 20101022-1257 document type: Grant Deed
Seller Name GMAC Mortgage LLC
The only one time a attorney actually signed for gmac was Jennifer Vizgirdas, from the LPS Default title and closing. A division of LSI Title Agency Inc.
Legal Description Lot 95 Map Ref MAP5 MB 125
City/Muni/Twp Elk Grove
Prior transfer:
Recording date 02/16/2010 Buyer Name GMAC Mortgage LLC price 184, 500.
Document # BK-PG 20100216-1086 document type: Trustee’s Deed
Seller Name Lawson Timothy L, Lawson Genevieve P
Legal Description Lot 95 Map Ref MAP5 MB 125
City/Muni/Twp Elk Grove
Foreclosure Record:
Recording date 01/11/2010 Notice of Sale, (aka Notice of Trustee’s Sale)
Auction location 720 9th Street Sacramento CA
Document # BK-PG 20100111-0257
Foreclosure Record:
No one has the right to claim ownership of something and foreclose in the same month, date and year.
Recording date 10/09/2009 Document type: Notice of Default
Beneficiary Name Proffer Financial
Trustor Names Lawson, Timothy L; Lawson Genevieve P
Trustee Names ETS Services LLC
Was signed by a Trustee Sale Officer Geoffrey Allen with ETS Services.
Recording date 10/09/2009 Document type: Substitution of Trustee
MERS Mortgage Electronic Registration Systems Inc. as nominee for Proffer Financial was the original beneficiary under the said deed of trust dated 5/15/2006 and recorded on 5/24/06 as instrument no in book 20060524 page # 0324 of official records in Sacramento County.
Was signed by an Assistant secretary Cindy Sandoval from MERS.
Recording requested by LSI Title Company Inc.
Beneficiary Name ETS Services LLC
2255 North Ontario Street, Suite 400
Burbank, CA 91504
Document type: Substitution of Trustee:
Recording date 09/01/06
Beneficiary Indymac Bank
Recording requested by: T.D Service Company
1820 E First Street, Suite 300
Santa Ana, CA 92708
From Commerce Title Insurance Co.
Was signed by an Assistant Secretary Gina Arreola in Orange County, CA
Recorded July 18, 2006 book no 20050729 at page # 0899 in the official records of Sacramento County.
The following is our response to a letter from GMAC As for the UD, the attorney that represented us Jonathan Stein, is now a part of a lawsuit filed by the AG for his part in a scam company US Loan Auditors that ripped off homeowners. It is very hard to cloud the title in a UD, when you can’t show the proof u need, they are very one sided (the banks). It only took gmac 6 weeks to sell that house because it was in mint condition for a foreclosure. Prior to the auction date 2/5/10 there was never any big yellow signs posted at the house.
gmac is not listed anywhere on the property profile for 8704 Milo Ct. Elk Grove CA 95624, yet GMAC shows up on my credit report when they were not involved in the transaction.
gmac failed to explain why we were denied a loan modification in Sept. of ’09. gmac already knows what type of loan this was, it qualified for a 30% principle reduction.
There still is no mention of the illegal foreclosure, gmac did not assign the mortgage and used mers to foreclose. Mers has no legal rights in the State of CA. gmac still has not produced the original loan docs, because they were destroyed by the banks to cover up their crimes. I have seen house of cards and plunder the crime of our time. Where does the ceo live? We would like to park our trailer at his house since we don’t have one anymore.
I am preparing to file a lawsuit against greenpoint, aurora, lehman brothers, gmac for aiding and abetting, illegal foreclosure, eviction and sale of our property. 9 out of 10 foreclosures are legal, ours was the 1 of many that were done illegally.
I went throught the same thing, kept paying they refused to send mod docs. Then i find out the title was screwed up, they couldnt forclose. Had an attorney said I could fight it for 10K i dont have. Got an offer from the tiltle company for 23,000. That would pay arrears. I was still upside down. Moving right now better to give up. This was in PA. Half the forclosure docs were screwy, and they were all signed by that Stephans guy tou know the robo signer. Good luck fight em they are crooks!
i live in new york our home was forclosed by jp mogan chase SN Servicing was the servicer and MERS has handled and processed all of the paper work in the courthouse please contact me and let me know if you can help i know that they took our home illegally and have all the paper work to prove it my family went through hell because of these places and i will do anything to bring this ti lite and hopefully prevent them from putting any other familys through what my family went through. thankyou
I have a question… How many public pension programs have been “investors” in the securitized mortages that are at the base of this fraud? Phrased another way, If this whole house of cards comes tumbling down, how many of the bureaucrats who are depending on their pension funds solvency will end up persnonally “paying the piper” for simultaneously lobbying for “cadillac pensions” and not doing their jobs relative to regulating the actions of the culpits?
Is this all intentional? Is it a calculated effort to turn the public employees of every city, state, and federal institution against the “land owners” of our nation…. Do they not see, that they will finally be the “victims” of this fraud?
For those of you who own real estated and vote in Florida, this information was just e-mailed to me:
Top GOP Leader Signals New Taxpayer Bailout of States
Enter Congressman John Mica (R-FL) to the rescue of overpaid, under-worked government employees! The incoming chairman of the House Transportation Committee, Mica is a powerful backer of continuing the Obama Administration’s backdoor bailout of bankrupt state governments.
This state debt nationalization scam is officially known as Build America Bonds (BABs). Its insidious effect is to enable financially reckless states to borrow even more from bond markets rather than be forced to address their bloated budgets.
Insolvent states such as California are enabled to pawn off their reckless decisions on American taxpayers through new markets created by these federally-backed bonds (taxpayers are on the hook for 35% of the lifetime interest payments). BABs implicit guarantee from Uncle Sam enables state governments to build their $2.8 trillion debt pyramid even higher – in concert with another $2 trillion in unfunded worker pension and health-care liabilities.
In December, Mica told The Wall Street Journal that “I can almost guarantee” that the program for subsidized bonds will be funded next year. So the federally-guaranteed muni bond market is set to expand, big time.
Of course, when it comes to future state government financial difficulties, many Republicans are likely to support back-door bailouts because the GOP has captured huge numbers of seats and majority control of many state legislatures (as well as governorships).
Bottom line: There will be massive pressure for the GOP to help their newly-won states avoid the messy accountability of bankruptcy, no matter the cost. This has massive implications for hard money investments since this new debt will ultimately need to be monetized through new money printing.
The investors will recover their money by the SEC. What will happen is that the seller of the MBS will be “disgorged” of the proceeds. However, there are a few interesting scenarios with this.
The first is, the debtor should be able to go after the investors “disgorgement” award. They purchased a debt obligation. If they recover, for instance, because a seller originated loans with an overvalued appraisal, then the debtor can recover with the SEC on the same legal principles. The violations do not say an investor has to be injured, it says “a person”.
The 2nd issue is, if a government entity was an investor, the true beneficial owner, how can they foreclose in a non-judicial state without due process and for value? This is a violation of the “Takings Clause”. It is the same law that prevents the government from seizing your home through eminent domain, with consideration.
I would argue that a government entity violates the Takings Clause just by purchasing an MBS. They are taking claim to your property, and the consideration is paid to the wrong party. I find this an interesting equitable defense from foreclosure. I have yet to see it, because all investors hide behind MERS. A subpoena duces tecum for a complete list of investors, served upon the Trustee would disclose this.
ANNOUNCEMENT: New Jersey investigates, prepares for remedial action, and probably will suspend foreclosure proceedings. Looks like tough action which is long overdue. Orders and rule changes:
Go to
My service provider says Fannie Mae is the trustee of my note. Is there any way I can determine what trust my note is in? I’d like to investigate the trust documentation but my service provider won’t tell me anything.
Are there any settled cases where the home has already been foreclosed and sold where the homeowner has sued a couple of years AFTER the fact? If so, what were the grounds of the suit?
You generally only have ONE year from entry of the judgment itself, to file a motion to setaside the judgment that ordered the sale of your home. If you can show you were never served with the
foreclosure complaint, and never filed any papers in the case, then you are not usually timed barred at all.
It means that if you have an Attorney you should go to http://www.livinglies.wordpress.com and check out the securitization packages they offer to get more details on your loan and show it to your Attorney. Read more and don’t be kept in the dark about the foreclosure process. Let your Attorney know that you are updating yourself to the newest events in fraudulent pretender lender crisis.
I’m in California, already in foreclosure, trustee sale date January 19, 2011…we owe 100k more than what its worth, but we need to stay at least another 4 months so we can have money to relocate. We filed a chapter 7 to be able to stay longer, but i dont know if it will work….grateful for any advice…Carmen
Hi Carmen, I’m in Cali too. Our sale date was in July 2010. Although we did not file BK, we did file a TRO(temporary restraining order). Contact an attorney. This can also buy you some time.
We return to court Jan 14th. We are trying to fight this because we were in the process of doing a modification when they just sold the house. Don’t know if any of this applies to you, but you guys may want to look into fighting if it’s worth it.
Contact an affordable Attorney who “Gets It”(an Attorney who knows how to fight for your home against fraudulent pretender lenders). If you need more evidence, go to http://www.livinglies.wordpress.com website go get more information about securitization on your loan ( if appicable) . They have several packages that are affordable and I think will help you very much. Please, please , please read all of these comments and more on this website and other websites because they are here to help you the homeowner.
What county are u in? Find an attorney who will file a Notice of Lawsuit Pending, in civil court and with the county, it stops the pretender lenders in their tracks.
From what authority does a Circuit court Judge use to avoid compliance of Florida Rule of Civil Procedure 1.510(e) for the Plaintiff while also holding that Lee County isn’t adhearing to the rule? Isn’t this blatent disregard for due process and evidence verification cause for removal of the judge or dismissal of the case?
Thanks in advance to anyone who takes the time to read this – I am a new member as of today – joined specifically in hopes of getting some input. Bank is foreclosing – a couple months ago they filed the Assignment of Deed of Trust. I am 99% confident that the person that signed as VP of the Bank was not actually the person that they signed as. In other words – it was a forged Assignment. I say this because I was able to look at 25+ other assignments signed by this same Bank VP and all of those signatures looked identical – except the signature on my assignment. It was obviously a different person. The real Bank VP was either home sick that day, or at lunch, or in the bathroom – and one of their assistants or co-workers likely forged this VP’s signiture in their absence. It is obvious if you compare signitures. My deal is a can’t afford the house. Period. Already moved out. In fact I was completlyl ready to just let this go through the Foreclosure process until last week the Realtor who was trying to short sell the place called me with a short sell offer and in the process we figured out that this assignment was forged. So my question is – what is the best course of action. The house is scheduled to sell at auction next week. 7 days from today. But I have a cash offer to buy the house that I will gladly accept – but it is 1/2 of what I owe.
I figured if I just let the foreclosure go through and then after they take back the house if there is ever a State AG settlement fund set up I could submit my claim after the fact and try and collect a few token $$’s.
But now that an offer has been made to buy this place and foreclosure could be avoided through short sale I’m thinking I should contact the bank and inform them of their employees forgery (and the notorization of the forgery) and try and use this as leverage to get them to accept the short sale offer?
Any suggestions? Any experiences with similar situations? I have not had time to look through this website – is was suggested to me by another. Thanks.
I read your comment and it makes me realize how far I have come from where you are now!! We are all in the same process here…nothing makes sense, illegal activities are everywhere and still homeowners are talking to the banks!! THE BANKS WILL NOT HELP YOU TIM!! Calling them out on a forged Assignment is as much a waste of time as hoping the Goverment will help….there is absolutly NO help from those we think will…
My suggestion is to NEVER LEAVE YOUR HO– USE! In most situations, they do not own it to take it…Do Not Short Sale it!! You will be charged for the shortfall and if you are concerned about your credit, it’s already shot I’m sure.
The only way is to file a lawsuit and fight the bastards in Court! It’s not easy by any means and you really have to do it yourself because many, many, many Attorney’s still DON’T GET IT…they will pull every penny you have and leave you alone when it really matters!
Go to your local Recorders and get copies of every single document you can afford to buy….then call your Title Co (or any of them) and ask for your documents on all that they have…then organize them by dates and that should provide you with a clearer picture of what the bank’s have done. Then, my hardest suggestion I now extend to suffering homeowners just becoming aware of this injustice is to go into Court and sit there for as long as you can…you will eventually hear your story and if you don’t, go to another Courtroom…It is the best education you can give yourself because it will explain what the process is and what you need to fight…you cannot fight them without the knowledge you will need to get any relief.
It will take most of your time to fight them in Court, however, if you do not fight them…THEY WIN!!
Don’t go down without the fight of your life…otherwise, you will never be able to buy a house, your credit is shit and you left the house they probably don’t own….you will feel raped!!
Fight Tim…be strong and know there are millions of us in the same boat…
Good Afternoon Tim,
What’s your State ?
There are websites that can help you locate an affordable attorney that “Gets It”. If you really want to save your home, hire an attorney that may submit a Motion or a TRO that will give you time prepare and
access your options. You do have plenty of options available to saving your home. Not all foreclosure attorneys are attorneys who “Get It” (who try to save homeowners from fraudulent pretender lenders). Go to MERS, FannieMae and FreddieMac websites to see if your loan claimed by them. MERS will direct you to the owners ???? That’s a start. This websites and others put out great information to help you save your home.If you find out that your loan has been securitized, check out www. livinglies.wordpress.com.
They have several packages that may help you later after you STOP the SALE with an ATTORNEY.
START NOW ! Good Luck !
FLORIDA RESIDENCE, PLEASE BE AWARE OF THE FLORIDA MANDETORY MEDIATION PROGRAM THAT FLORIDA COURTS REQUIRE YOU TO ATTEND BEFORE THEY CAN PROCEED WITH THE FORCLOSURE OF YOUR HOME. THIS IS AN ABSOLUTE WAIST OF TIME AND SEEMS TO BE ON THE VERGE OF COLLUSION BY THE MEDIATION FIRM, COLLINS CENTER FOR PUBLIC POLICY, AS ONCE YOU SHOW UP FOR THIS “MEDIATION” TO SAVE YOUR HOME; YOU WILL BE INFORMED BY THE BANK’S ATTORNEY THAT THEY “DID NOT” RECEIVE YOUR DOCUMENTATION; THE BANK WILL TELL YOU TO RESUBMIT YOUR HEMP PACKAGE THUS ALLOWING THE COLLINS CENTER FOR PUBLIC POLICY THE LEAGAL RIGHT TO INFORM THE COURTS THAT AN AGREEMENT WAS NOT REACHED AND TO MOVE FORWARD WITH THE FORCLOSURE. I ASKED SUSAN AT THE MEDIATION; ” WAIT HERE I EVEN SENT ALL DOCUMENTS CERTIFIED SO THEY COULD NOT SAY THEY WERE NOT RECIEVED AND SINCE THERE WAS NO OFFER FOR AGREEMENT SHOULDN’T THIS MEETING BE DEFFERED FOR A LATER DATE.” AND WAS INFORMED THAT THERE IS NO BOX TO CHECK FOR FURTHER MEDIATION. THIS IS A ONE SHOT DEAL EVEN THOUGH THE BANK AND THIER ATTORNEY “DROPPED” THE BALL ON THE DOCUMENTS AND WERE NOT PREDPARED TO OFFER ANYTHING FOR THIS SO CALLED MEDIATION OF THE PROPERTY. I ASKED SUSAN IF I COULD WRITE A RESPONSE TO THE “NO AGREEMENT REACHED,” AND WAS INFORMED NO! THIS IS IT; COLLINS CENTER FOR PUBLIC POLICY GETS PAID EVEN THOUGH THEY ARE AWARE THAT THE BANK AND BANK’S ATTORNEY FAILED TO DO WHAT THE ORGINAL INTENT OF THE MEDIATION BILL WAS DESIGNED TO DO. SO TO RECAP, WE SHOWED UP FOR OUR MEDIATION WITH THE COLLINS CENTER, BANK AND BANK’S ATTORNEY KNOWING THAT THEY LACKED THE INFORMATION TO EVEN OFFER A SOLUTION. THEY HAD ALL DOCUMENTS SENT TO THE CERTIFEID MAIL BY ME, NO ONE CALLED TO INFORM ME THAT THEY, ONCE AGAIN, LOST THE DOCUMENTS, AND THE COLLINS CENTER GETS TO CHECK A BOX STATING NO AGREEMENT WAS REACHED. THE HOMEOWNER CANNOT RESPOND WITH THE TRUTH AS TO WHAT ACTUALLY TOOK PLACE IN THE MEDIATION AND EVERYONE IS HAPPY ACCEPT THE HOMNEOWNER WHO IS BLINDSIDED WITH THE COLLUSION OF THE THREE. UNBELIEVABLE THAT THIS IS GOING ON.
There is no way you will win with the BANKS or their Attorney’s. If you have not filed a lawsuit, do it now…if the Judge ordered mediation, file an appeal with that Judge. File a Complaint with the AG in your State…the more complaints on the same issues…loosing the certified documents you sent over and over and over…call your Congressperson….contact the TEA PARTY….yell as loud as you can and the millions of voices will be heard eventually…hopefully we will not be a homeless America by then but yell and fight!!
Yes, it is more unbelievable that this is happening in our Country…however, it’s a planned attack and we must get our focus on the fight…not the shock that it’s happening!
God Bless America!
losing my home in florida
December 27, 2010 at 2:12 AM
I am waiting for a home mod with hamp through wells fargo 5 months and counting. i understand the inevitable. they want their 80% cut now from fannie mae. until the brakes are put on folks like me and my husband with good credit our whole adult lives will continue to be victims. i am trying to educate myself. i do not want to lose my hose but it may happen, i have to face the fact we are up against a bigger animal.
it scary and i wish we cam all be in one room together to hug and fight this disaster. i jsut do not understand how the courts the sheriffs are allowing this continue.
Larry: I am currently engaged in legal case to save my home from MERS, versus Chase Bank. We get our hearing in Yavapai County Court, Arizona, on Dec. 22, 2010. Am I eligible to join your Class Action Lawsuit if I am already fighting a fraudclosure case and have retained counsel already? Or should I wait for the outcome of my case first.
Had mortgage with Chase where I started the application for mod. loan. after sending & re-sending documents they ended up transferring my loan around the mid towards the end of Oct. 2010, to IBM LBPS, whom I’ve never heard of until they transfer my loan to them. I can give more detail at later date but for now thy did foreclose on Dec. 07, 2010 and believe me, we were hopeful right up till the very day or evening before the foreclosure was to take place the next morning. We were strung along and given false-hope throughout this process and this is one of the most unfair things I have ever heard of or definitely been a part of. It just so happened that I retired 5 day’s before the foreclosure (will also explain this in detail upon request).
Thanks,
Terry L. Page
Am in default on a BAC home loan of which the bank cannot or will not furnish proof of ownership or of standing. . . so, I am considering suing BAC. Does anyone know the address of BAC or BofA and names of officers with BAC?
check on your deed of trust for a MIN# then go to the http://www.mers-servicer.org punch that number in and see who the investor of your loan is also got to fannie mae loan look up tool and put your address in and see if fannie owns a loan on your home you can do the same with freddie mac also what state do you live in?
some states are judicial or non judicial non judicial all they need is a power of sale clause in the deed of trust in order to foreclose but in a judicial state they will sue you to foreclose and you will be time limitted to respond,so get your facts in order and if I can help let me know I live in a non judicial state and am preparing to sue Bank of america as we speak
BU victim
December 13, 2010 at 12:22 PM
Brian. . .am in same situation as you. . .would like to compare notes. . .deadline this week. . .e-mail address traber.lj@att.net. Larry
Read your monthly statement. It will tell you where to send inquiries. Remember, if you are in default with BAC, you must name them, not BofA. BAC might be the master servicer under the PSA, whereas BofA may not be involved at all. I know it sounds like it is the same company, but under the law, they are separate.
My loan is owned by Fannie Mae and serviced by PNC/National City. There is no assignment of mortgage on record in the county clerks records. In fact, there is hardly any assignment of mortgages in these records by PNC/National City but tons from other banks? Could it be possible that Fannie Mae is the investor and my loan never made it into MERS, the loan has not transferred to anyone else, and PNC is the servicer? Should I pinch myself?
Asking for “documentation of ALL payments you have ever made” in a QWR seems insufficient to me. You will get just that. Ask for the above, plus documentation of who received what % of each payment and who was liable for income taxes on those payments, ie., who was taxed on income from those payments as income on debt.
If tax law was good enough to get Al Capone, it ought to be pretty good here….
I am a strong proponent of using the power under RESPA ( Real estate Settlement Procedures Act) to submit a SUBSTANTIAL list of important things you want as part of the qualified written request.
Making the list both comprehensive but relevant to your specific case is crucial.
It is just as important that you:
a. indicate WHY you are sending it –by stating what you think is the problem with your file or what you
hope to accomplish
b. send it to the correct individuals(all of them, including any atty or judge involved in your case)
c. send it in the proper manner (certified, signature requested)
For general information there are several hundred entries on the web which will be valuable.
For some FREE advice from a an experienced consumer advocate, check out all related entries at: http://www.HomeOwnershipMatters.blogspot.com
For a step-by-step tutorial on HOW to create a comprehensive qwr, with all the specifics you MIGHT wish to include, you may be interested in “Avoid Foreclosure Using a Qualified Written Request”. Available for a small charge at http://www.DovePublishingHouse.com. You can do it yourself and save thousands in attorney fees and still get the job done. Read the available preview and decide if it seems to be what you need.
GEORGIA RESIDENTS:
Possible CLASS ACTION LAWSUIT
Is Bank of America trying to foreclose on you in Georgia?
Contact us & tell us your case. sonya36767@yahoo.om dfg@guldenschuhlaw.com
706-295-0333
GEORGIA RESIDENTS: If Bank of America has been trying to bully you out of your home. Sending Intent to Foreclose Letters & people to your home to check for occupancy even though your not late on payments, Putting a lender placed Insurance on you, charging extra fees on your escrow or anything else, making your payments late so they can charge you a late fee, etc.. Contact me, I might be able to help you. sonya36767@yahoo.com
Q – I understand that the MHAP does not require you be 90 days in arrears, but that you have to be 30 days late for 3 consecutive months to apply. ( in essence – only 1 month late 3 consecutive times) On another note, I have a question w/regards to a “Produce the note” letter. Should this letter ONLY be sent once a foreclosure has been filed, or should people be doing this prior for the sake of safe record keeping?
Mortgage-trading system gets aggressive defense
WASHINGTON – Nov. 22, 2010 – The financial services industry has launched an aggressive campaign on Capitol Hill to bolster the legality of the way companies have turned mortgages into securities and traded them across the globe in recent years.
The companies have opened wide their wallets for lobbying and are flying top executives to Washington for one-on-one meetings with lawmakers. They are holding briefings for key staffers, including an event last week that drew more than 60 aides. And they are blanketing Congress with white papers, memos and other documents that lay out their arguments.
The focal point of their efforts is Mortgage Electronic Registration Systems, or MERS, the controversial, privately run electronic database that is used by practically every lending institution and investment company to track the transfer of the ownership of mortgages as they are packaged into securities and traded at lightning speed around the globe.
But MERS does more than just track the trading of loans. In the vast majority of mortgage documents at local courts and offices across the country, it is listed as the holder of the loans. That allows the financial industry to trade mortgages as much as it wishes without spending the time and money to refile the paperwork.
The industry is seeking legislation that would effectively affirm MERS’s legality and block any bill that would call into question what MERS does. MERS has spent more than $1 million in lobbying since fall 2008, when lower courts around the country began to rule against it. But MERS had kept its name under the radar until the recent uproar over foreclosures revealed broad problems in mortgage paperwork.
If successful on Capitol Hill, the industry could in one quick swoop make all lawsuits related to MERS across the country moot and remove one of the key uncertainties dangling over the mortgage industry. On the flip side, lawmakers could create a new federal registry, effectively killing MERS’s business and forcing the industry to submit to greater oversight.
In recent years, MERS has become the target of numerous legal challenges from homeowners in foreclosure who allege that mortgage transfers made through the system are invalid because they bypass local recording laws. MERS, the lawsuits contend, does not have standing to foreclose because it is only a database and not the actual holder of the mortgage.
The liabilities could be astronomical for MERS. One lawsuit in California alone is seeking recording fees that could cost the company from $60 billion to $120 billion. But the consequences for the financial industry are even greater, as challenges to the validity of transfers done by MERS call into question the entire process of how loans were securitized and could render the 66 million mortgages in its system foreclosure-proof.
In the wake of such controversies, lobbyists for Reston-based Merscorp, which runs MERS, have been floating the idea of legislation that would establish the firm as the national registry to track the transfer of mortgages.
The MERS database “is a powerful tool that can be harnessed by the Congress and the industry to improve the mortgage finance system,” R.K. Arnold, Merscorp chief executive, told members of the Senate banking committee this week.
Tom Deutsch, deputy executive director of the American Securitization Forum, an industry group that defended the validity of MERS in a recent paper being circulated on Capitol Hill, said establishing a centralized tracking system would resolve much of the confusion resulting from the patchwork of local laws governing mortgages and their transfer.
“There’s a lot of validity in the idea of a national mortgage registry that is complete and unambiguous about legal title to loans across all 50 states,” he said in an interview.
In its paper, the forum argued that although there have been “several minority decisions” in the courts that have taken issue with MERS, “not one of these decisions has challenged MERS’ ability to act as a central system to track changes in the ownership.”
Consumer advocates say such legislation would retroactively bless all mortgage transfers made through MERS – and eliminate one of the strongest legal arguments that homeowners in foreclosure are using to challenge their cases. There’s also concern among state officials that such a bill might permanently remove some of their power over property law and place it within federal jurisdiction.
Some of the advocates are referring to the idea as the “great MERS whitewash bill.”
“Fixing MERS on a federal level to give them a free pass from complying with what we have known as the law for many years because the banks screwed up is really a bad precedent,” said Ira Rheingold, executive director of the National Association of Consumer Advocates.
The industry is also facing skepticism from Democrats such as Rep. Marcy Kaptur (Ohio), who is known for her strong opposition to the federal government’s bailout of Wall Street.
Kaptur plans to introduce legislation that would prohibit government-controlled mortgage financiers Fannie Mae and Freddie Mac from buying new mortgages that are in the MERS system. “It was invented by the most powerful financial players in the country while regulators were asleep at the wheel,” Kaptur said in an interview.
Kaptur is not opposed to a national system for tracking mortgages. She’s asking the Department of Housing and Urban Development to study how a federal land title system could operate in a way that would protect states’ rights. But she said there needs to be more transparency and regulatory oversight over such a system.
John Taylor, head of the National Community Reinvestment Coalition, said he, too, supports the idea of a national tracking system because it could force the industry to be accountable for mortgage paperwork. But he doubted whether MERS could fill this role.
“MERS was the personification of the darkest period of American finance, where Wall Street dictated to people in the real estate world the fact that they didn’t really care about underwriting standards anymore,” he said.
Lobbyists working for MERS include people who were prominent legislators or federal officials: former U.S. representative Bob Livingston and his former chief of staff, Allen Martin; John M. Duncan, assistant secretary of the Treasury for legislative affairs in the George W. Bush administration; and Arnold Havens, a former general counsel at Treasury.
MERS is also under scrutiny by the Office of the Comptroller of the Currency, which oversees national banks. The OCC is taking the lead in an interagency examination of MERS and the accuracy of the information in its database. The agency is also sending personnel to look at the foreclosure process at large mortgage servicers and how they use MERS.
Trevor, with all due respect, what’s with all the unrelated videos you’ve posted? And why do you keep going on about what you would teach all the 3rd graders of the world? We are NOT 3rd graders! Maybe you need your own blog…?
This is an email I would like to send to PNC, the foreclosure attorney and HUD Councilor, but I am worried about giving them to much info? I would appreciate anyone’s input
Below are clips of information I have gathered from the Secretary of State, in Ohio, the state in which PNC is headquartered.
The notary that signed my Substitution of Trustee, from RIck Pill, to Vance Golden, is Lori Ann Wysong. I looked her official signature up under the county she is registered (Montgomery) and the signature on my documents does not match her official signature. (I have copies of all signatures which I will forward upon request)
I posted her signature on 4closure.org and many people posted her signature as well. None of them match.
Therefore, I have a huge concern over the validity of this document.
I understand that I am in the temporary period of the trial modification, but last week my husband caught someone on the edge of our property, taking pictures. Foreclosure still looms over our heads, and according to the court documents I have been reading, regarding the foreclosure mess, people who are making trial payments are still getting foreclosed on.
I would like reassurance from PNC, that this will not be the case. I have asked for the NPV value in a previous email and now assurance that my documents have been verified, income etc. and that if we make all the trial payments on time, we will have a permanent modification. And if we get a permanent modification, I will require a document stating all fee’s, escrow analysis, etc, on how the money has been applied and how much will be added to the back end of the loan.
I feel in light of the current situation in the foreclosure mess, we find ourselves in a vulnerable situation. We do not want to loose our home, and will make every effort feasible to keep it.
Please advise, and copy my HUD certified councilor on all emails, Jackie Goff – jgoff@criss-crosswv.org
Thank you for your time
Secretary Brunner made the following statement on the situation:
“Mortgage foreclosure documents must be notarized according to the
law. Requiring this is not an afterthought or an exercise of form over
substance—the law must be followed when taking away someone’s home,
regardless of the circumstances.
REFERRAL OF CHASE HOME MORTGAGE AND MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. TO FEDERAL PROSECUTOR: Secretary Brunner, in two letters
dated Aug. 11, 2010 and Sept. 1, 2010, referred matters of alleged
notary abuse in thousands of home mortgage foreclosures by Chase Home
Mortgage and the Mortgage Electronic Registration Systems, Inc. to
U.S. District Attorney Steven Dettelbach in Cleveland. Citing two
depositions, (one & two) of Chase employee Beth Cottrell, taken in
Columbus in May of 2010, and a deposition of MERS Secretary and
Treasurer, William Hultman taken in New Jersey in April of 2010.
These depositions contain sworn testimony that at Chase Home Mortgage,
18,000 documents per month are executed and notarized per month by
eight people, with admissions that:
1. it is the notary and not the document signer who gives an oath
who fills in numbers in the affidavits used in court ordered
foreclosures,
2. no oath is administered for the signing of each document,
3. notarized documents are not verified by the person signing and
giving oath that they have personal knowledge of the contents of the
documents, but rather, signers are relying on verification by others,
4. documents are signed in bulk and notarized in bulk separately,
5. notaries know this at the time they notarize documents in this process.
I would contact your AG Office tomorrow and then I would contact the FBI and possibly the Dept of Comptroller if PNC is Nationally Registered, and I suspect they are. Establish your complaints and suspicions. . . I know I type a lot of blah blah here but seriously, you need to document/report if you suspect fraud. Lori Ann Wysong may or may not even know if she is or is not part of series of white collar crimes that may or may not have been committed. Like Reagan was known for, ‘trust but verify’…. establish evidence. . .
I would reach out to Lisa, maybe a TRO is in your future. Maybe they, PNC, gets it and will work with you to establish a reasonable cure period. … Best of luck. T
tortelli
November 29, 2010 at 10:07 PM
I saw a posting before about filing a TRO and a LIS PENDENS if there hasnt been one,
I hope that will work for Lisa
Jackie, I am not an attorney, just a regular woman who fought off my mortgage company in foreclosure court for 11 months in 2008 before they eventually wore me down. If I had known then what I know now (as more aspects of fraud have come to light on top of what I was already aware of then), I would have WON. I still have not given up the idea of suing them and have filed a case with the Florida AG.
That being said, if I were in your shoes, I would keep the letter short and sweet, and if you want to send an email, make sure you also send a letter via CERTIFIED MAIL with SIGNATURE DELIVERY CONFIRMATION so you have proof that it has been received. Honestly, if I were you, this is all I would say:
Dear PNC,
I am a very astute and informed homeowner who keeps up with all the latest news, hearings, and discoveries of fraud in the foreclosure/home modification debacle occurring in the US today. You have told me that I will be given a loan modification. You and I both know that millions of American homeowners have been told this by their banks, only to be foreclosed on after all, with extra fees in the process as well.
I do not know what you are planning, but I have seen someone on the edge of my property taking photos of my house. I can assure you that I will use every legal remedy available to me to stop you from foreclosing on my home illegally and fraudulently. Be prepared for a long and strenuous case in court if it comes to that.
Please know that I am also aware that your notary is an infamous robosigner. I have proof of this in my possession. I will most certainly include this proof in the discovery process if you attempt to fraudulently foreclose on me after making a show of dragging me through the modification process.
I expect a response from you within ten days from the date of this mailing or I will get a Temporary Restraining Order against you. Furthermore, at the first sign of defrauding me in the loan modification process, I will file suit against you.
Please also note that I am sending a physical copy of this letter to my state’s attorney general’s office and to (and fill in the names of any other officials you want to include).
(and then type your name here and sign above it, and then underneath that type):
I certify that on this ____day of November, 2010, I have mailed a copy of this letter to (put the name and address of your contact at PNC) via Certified Mail with Signature Delivery Confirmation.
tortelli
November 29, 2010 at 10:05 PM
that sounds better, thank you so much,
and I have filed complaints with
1. OCC
2. Hamp escalations division
3. SIGTARP
4. Attorney General
5. Congressional Oversight Panel – Which I did get a response from Ted Kauffman
6. FBI
Plus I have a HUD councilor, and a direct line to loss mitigation in PNC, her name is Shelly Patton. She actually gave me her email address so I email her, the foreclosure lawyer, and my HUD councilor all together.
I contacted state officials in West Virginia, and numerous attorneys that will not take my case. Our state is out of the loop on this one? I have been told by a few attorneys that I know more than they do? yikes….thank goodness for these blogs, I have read and looked up links, and investigated things that I have read on here.
I have done everything I can think of? The sad point of all of this is that we only wanted to re-fi to a lower interest rate and PNC advised us to let our mortgage go 2 months deliquent and we would qualify for a “no closing cost’ re-fi? and here we are knee deep in bull..you know what
If you have not already done so you also need to send a comprehensive “qualified written request” which is well thought out and tailored to your specific needs.
First, do some general research on the world wide web for “qwr’ or “qualified written request”.
Then, search http://www.HomeOwnershipMatters.com for some clarity.
If you need some concrete help with HOW to prepare one you can get some specialized help by purchasing
“Avoiding Foreclosure Using a Qualified Written Request” for a small fee at http://www.DovePublishingHouse.com.
I strongly advise you to use this tool immediately. It is a good idea for ANYONE in default to use the qwr as a way to use a federal law to give you the authority to :
a. demand your note
b. demand an accounting of fees, etc
c. ask for documentation of ALL payments you have ever made
Send certified mail, signature require, demand answers and put the bank in a position where they will be forced by law to comply.
Don’t ask; demand with authority.
You may (probably won’t get what you asked for). You will for sure get their attention and put them in a position where they will be willing to work with you since they will feel uncertain of your next step. If they don’t have what you are asking for with federal law as your back-up, then them are:
less likely to proceed to foreclosure, and
more likely to act reasonable.
Give it a try; it has worked for hundreds of folks in my foreclosure intervention training classes. In fact, no one has ever told me it didn’t work
This morning, we were just granted a TRO against Fanniemae until middle of Jan. I now plan on researching to find out who really owns our note and getting all evidence together to continue fighting.
Not for standing up for yourself, but for coming back to this Community Wall and saying “we won”. You came back to say to share the news with others – that is what this is all about.
I would be VERY interested if you could share with us a small write up… I mean did you file a formal complaint with your AG? Did you have time to file with the Courts before your Hearing? Was the Judge informed? Could you share the demeanor of the Bank’s representatives (assuming Counsel). What I would have given to be a honey bee on that wall?
Congratulations for standing up for your Rights, which as said before, are a small slice of our Rights.
What great news…. really.
Now remember, CSPAN will air the next round of Geithner lead updates the first week of January. It will air in the middle of the night so as ‘not to wake everyone at once’ and this update will hold information that the Judge will expect you to call out to the Courts….he/she cannot say that he/she is asking for this but suffice it to say if you Hearing was moved to early Jan, try to ensure that it is AFTER the CSPAN updates – as far AFTER as you can land – the Courts are likely acquiescing to the Federal Government, specifically the Executive Branch (the Obama Administration) and the Justice Department with litigation that may make its way to the Supreme Court – in 2010 anything is possible. Fascinating. And you (we) are part of it, also fascinating. . .
I think today’s secret word shall be:
ac·qui·esce /ˌækwiˈɛs/ Show Spelled
[ak-wee-es] Show IPA
–verb (used without object), -esced, -esc·ing.
to assent tacitly; submit or comply silently or without protest; agree; consent: to acquiesce halfheartedly in a business plan.
Now please tell me you will have a mini celebration in your home tonight, a beer, a toast, a candle, something – pause and cheer. You can call me crazy (and it wouldn’t be the first, or last time I will hear it) but let the house know you are fighting to save it and you just might be surprised to know that the house/townhouse also knows….let “it” know you won today, share in the good news.
What you did today, in the hillbilly vernacular ‘aint nothin’ or said alternatively, IS SOMETHING. No I am not a HB.
Lisa, you stared down a freight train this morning and forced it to stop. I am thinking of that scene many moons ago when a student stared down the tank in T Square, with the entire world watching. In so many words, you did the same today. And you will not end up in some imprisonment as a result, welcome to America 2.0. We still got it. Right on!!! – 777
ps- Mrs. Clinton is on a flight as I write this, travelling many miles to see and visit people who aren’t sure what the United States thinks of them, or worse, is certain that the world will see what the United States thinks of them… and it might not be flattering. Think of it like a Dancing with the Stars final score….. drum roll……… and it is unsettling.
Will the world read that someone (maybe even her) said things about them that are embarrassing, shameful, damaging….. oh this is a day for our planet for sure. Silver lining? go back to what worked, like the County Recording and $25 per fee, slow and consistent, rules by which we do business…. or in the world of Foreign Policy, be truthful, say nice things, trust those who trust you, and most of all, remember what we were all taught in the 3rd grade (go back to what worked), if you can’t say something nice about someone, don’t say anything at all…..
Like the impending M.E.R.S. meltdown, this foreign policy mess could have been avoided – can you imagine if the cables held flattering comments about World leaders? What if the King of Saudi Arabia was called brave, noble, generous and a pleasure to be around. A real asset to humanity…. you get the idea.
Overnight our relations would have strengthened. . . you get the idea. The Universe rewards the lighter side of Sears…. (wink). It rewards the species that gets along….. tolerance, coexist, respect ALL. Compliment in public, admonish in private (just not so private that its secret…, over a drink, or cup of coffee, over a beer, in private……….think President Obama over a few beers during the Boston Cop / Professor debacle, it can be done. I am sure the first words out of his mouth were, you both *&^$# up, smile and let’s get through this, please……thank you).
Those words, p & ty still work too by the way. 3rd Grade Wisdom. . . . .
Now if Hillary happens to see this, have her please stop embarrassing our Country further, have her wear a public button or pendant of shame and have her promise to pull out the 3rd grade moral code and write on chalkboards in every Country, in front of 3rd graders, in English but first in the Country’s language.
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all………….”
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all…………. ”
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all………….”
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all…………. ”
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all………….”
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all…………. ”
7,000,000 times….. or 14,000,000 if you consider the other language as a separate effort. Separate but more important to the healing process.
She has a ton of nation building to do, again…. Our castles were made of sand, our diplomatic ties fragile. . . and last night they were washed away. foreclosed upon.
Oh and the NYT received ALL the cables so more than anything, the fear of the unknown is what will make this a challenge for her. …. Ah, could someone ring the flight attendant, there seems to be draft on the plane. . . . .and I thought it was cold in City of Trees today. Brrrrr…..
Change happens folks and Lisa stopped a freight train. Mr Builder if you are out there and you helped too, feel good – nice work. It takes a “digital” village….
pss – I would not be making fun of Kim Jong il (in his five inch heals) even if it is funny.. I just wouldn’t.
It’s called having respect for the ‘other’….
namaste. -777
Trevor Hitchin
November 29, 2010 at 4:14 PM
The other golden lesson I would teach 3rd Graders Worldwide:
Just becasue you CAN, doesn’t mean you necessarily SHOULD.
“vivre la differance” / “no fighting” / “mir” / “peace” – the message is the same….see Hillary is teaching the Village, the Global Village. If you can’t be a good example, be a very bad one. Teach.
Trevor Hitchin
November 29, 2010 at 4:30 PM
miracles happen everyday………. another 3rd Grade Golden Rule.
This just happened today…….. think about this for a second. Museums are happy if they have (one) Picasso….. who knew? The Planet’s hidden museums… they are somewhere. Ha! I love it. . .
” I will not commit espionage or ask others to do the same, especially the people working for me.”
Call the White House or check out their email/contact page. I just suggested we replace Mrs. Clinton as Sec of State, this is too much – if true. Hillary, say it isn’t so…..
“Excuse me King, is that your frequent flier number on your suitcase there…., or, no really King, put your credit card away (after I make note of the number), I got this round…”
WHAT THE DOCUMENTS SAY
Espionage
– Sunday’s release of diplomatic cables include what seems to be an order from U.S. Secretary of State Hillary Clinton to American diplomats to engage in intelligence gathering, directing her envoys at embassies around the world to collect information ranging from basic biographical data on diplomats to their frequent flier and credit card numbers.
– The State Department denied its diplomats are spies.
Lisa
November 29, 2010 at 8:05 PM
Trevor, first off thank you and Brian…you have been very encouraging & HELPFUL to say the least. Today was a small victory, but a victory indeed. I sense there is still an uphill battle. Here’s a short version of MY story, that I’m sure is very similiar to many:
We have not paid our mtg in over 2 years, not because we are deadbeats, but because my husband lost his job. We went through savings, ran up credit card balances, 401k, home equity loan & the only family member that could help-my mom just to stay afloat. Surely, there would be another job on the horizon soon, right? NOT! We literally had NO income(and to this day I thank the Lord for sustaining us).
I should note that my husband is now an attorney(a babe among wolves). He had just passed the bar May/June of last year and we breathed a breath of fresh air thinking “finally income” After countless resumes, networking everything imaginable-absolutely NO jobs offers. Keep in mind, I had been fervently searching for work as well. Hubby finally decided to take the plunge and work for himself.
The tide started to turn for us. We finally had some income! We had always communicated with ACORN(when there was no money and when we had some savings), immediately contacted ACORN again to start mod process.
In Sept 2009, Acorn was able to postpone sale date, but remember we still had no income. Early this year, we filled out HAMP via Acorn, sent them over 50 pages of financials SHOWING the income. In June/July ’10 we got notice of default notice, soon after 3 day pay or quit and a month or two later the lawsuit against us.
One of our contentions is they DID NOT even look at our HAMP app, never replied and foreclosed in the middle of everything. So we gave an answer to their complaint and filed a demurrer(which we knew wasn’t going to work but to buy time). We then filed lawsuit against Fannie, Mers, Deustche Bank, Fremont Investment claiming fraudulent practices, et al( I dont have complaint in front of me now).
Of course, their answer to this is they own the note and they have right to foreclose. We files tro last week so that we can relate the cases(I’m not using all the technical terms correctly).
Fannie’s atty showed up and the argument was ‘they haven’t paid in over 2 yrs’. Hubby’s argument was we were in middle of mod and they did not properly follow HAMP procedures and that title is clouded. Hubby says that the judge initially was going to deny tro stating that none of that matters because you are still in DEFAULT, ou have made no payments in 2 yrs. My hubby kept making the case and judge granted it.
No, he was not able to file complaint before court nor a formal complaint with AG, we will do that now.
ever notice sometimes when you’re driving, you look up and see a little bird chasing a much bigger bird away…. sometimes the little bird wins
. . . and I smile.
M.E.R.S. – It’s Not a Planet
City of Trees 11.28.2010 – Trevor Hitchin
I would like to ask that you read the message below, with a slow eye, until it makes sense. Then read it again.
At the end of the day, M.E.R.S. is not a planet, it is a Corporation, born in Delaware, United States not too long ago. It doesn’t have tentacles, it can’t come out from under your bed at night, it is just a Tax ID number like you and me, staffed by Americans like you and me…. Again, it is just a group of men and women using telephones and computers to try to make a living – it is not Death Star even though it seems like it – it is the psychology of the naming device. Don’t take the bait (wink). It is just a company.
Are you still with me people? M.E.R.S. is an Organization with people on a payroll paying Federally required taxes, it is a Company, an entity, just a place where people work, hoping to make more in revenue than it costs to produce their goods or services – whatever those may be. They don’t do anything. Personally I think this is fraud and so have spoken up to my Attorney General, Mr. Wassden of Idaho.
Can you imagine telling a jury that as a Corporation, you exist only so that others can claim that you are okay with listing your name to a County Recorders Office, to accept that on a Loan Packet it says you as a Company are okay with another Company listing your Company as a name only to allow….. ad nausiem… No, you are correct, it doesn’t make sense, see my point, there are no goods, there are no services: fraud.
That would be funny, call M.E.R.S. and ask what they do? Then ask what they sell. Record it, I am curious how they would answer.
“Uh hi this is M.E.R.S., can I help you?”
“What do you sell, what are your goods and services and how do I know that I need them, or don’t need them?”
“Uh, we allow you and your loan originator to tell your County Recorders Office, just once, that it’s okay to put our name down so that they can quasi-legally try to sell that which they just Recorded somewhere else in the World and hope they don’t get sued, investigated, or sent to Camp Snoopy as a result.”
“Cool, why would my Loan Originator and I want to buy this right to list your name on a bunch of pieces of important looking paper Sir?”
“Uh, uh, to help you save money on the ‘management’ of the loan, over the life of the loan”….”like the commercial, there is an egg-managment fee, and our fees are cheaper than it would cost your Servicer to record each time they sold that thing they are Recording with our name on it. To be honest, Sir, I am not really sure what we do here, but I have a nice computer and a cool desk and a Herman Miller $2,300 chair that spins around fast and looks neat.”
“What did you just say, something about management of my loan? What? Huh?”
“Yeah well we expect to save your Company $20 – $40 dollars per loan but the future holds no promises. It may be that we actually will be a toxic partner in all this, an accessory, perhaps and then be forced into bankruptcy. http://en.wikipedia.org/wiki/Accessory Ironically, costing you your home and your Servicer their home too, meaning, it could be that we help steal your home if we have too but as a result of our existence, we are then forced to give people back their homes, the same homes we never really owned or wanted in the first place. We were just cardboard, we just looked tough… Yeah, I am not really sure what we do here to tell you the truth, Sir,”
As a Corporation, M.E.R.S. must obey laws like Nike, Target, Louis Vuitton, USA, Chevron…. It has to file important documents throughout the year, to officially state how much money was received for allowing its name to be listed on the documents, yawn….
Snoopy just opened the mail and cashed the checks, he didn’t own the loan… does this makes sense? For me MetLife didn’t own the note, they just received my check, made sure the funds were there, distributed to my home City and State for taxes and then made payments TO the Trusts and other parties who had then packaged up the assets in the other Trusts and sold them as something else…… how many times does a fifty dollar bill change hands during its life…. gettin’ it?
Sold and resold and resold and never recording who owned the promise to be paid as it set sailed down the river of shady Fraud Street practices. Just stocks and other shiny things in pretty boxes with fancy ribbons, in Tiffany blue and Wall Street Red (I think I just made up a color)…. Absolute lunacy, unbridled greed is a dangerous beast.
I know what a big Mac looks like but a 10 Piece Chicken-McMortgage with extra sauce, what exactly does that look like? Think a pile of stocks, what does that look like? Its a Certificate with numbers on it and likely not even that anymore, it is an ‘account’ in a system somewhere.
When our loans were aggregated, they became shares which replaced Notes and Deeds, like trading currency for ‘ownership/stock’ in something that claims to have owned what was morphed. Like when the real estate agent turned into the banker who then turned into a wall street thief, who then turned into a securities sales representative in another Country who then was sold on the idea of owning a piece of the American Dream without really having to leave Norway or Sweden – the ultimate in virual experience.
Well, even the best crafted plans ……
So here’s a concept, let’s say that to have the American Dream Theme Park Experience, you have to have the experience in the Park, you cannot barter it abroad – you have to empty your cup here, no roadies. In other words, the note stays with the original investor, hold them to the same standard as the borrow – do not allow them to assign, sell, transfer – period – or AT LEAST NOT WITHOUT YOUR APPROVAL AND NOT WITHOUT PROPER CONTROLS IN PLACE.
Contracts and Notes need to work both ways, for both parties. Power (back) to the People. Gonna stop here, but again, M.E.R.S. is just a business model, Incorported and held to the same laws and standards – no free lunch.
So we are taking a field trip to learn about a ‘shell’ Corporation, established primarily as a ‘front’ to allow the securitization of America’s mortgages to be boxed, wrapped and sold around the World as “very solid investment grade solutions” for these “unstable and unpredictable and ever so sexy market turbulent times”. Think guy with unibrow on the commercial, so serious…. but you get the idea.
Remember all the bonuses the banksters on Fall Street were making just a few years back around the Holidays? So again, think of M.E.R.S. just like a cutout of a big tough guy that the Servicing Companies used to drive along with in their car (your loan). You know, like those “Big Guy” life size rag dolls that were once sold in California so women could feel safe in their cars and others could enter the diamond lane for instant carpool status. You know what I am talking about here, right?
Think of M.E.R.S. as that, just a cutout of a big tough (technology driven system) that was never supposed to be more than a (technology driven system), a deterrent something never meant to be challenged. But if challenged, not to worry, it sounds like MARS, is a technology driven system and therefore all knowing – when we now know that it is not. M.E.R.S doesn’t know anything, it never wanted to know anything, that was the point. It was like the 77 year old security guard at a mall, the big guy with a radio but no gun, a deterrent.
And if it ever was it would shown that really it was just a few people running a business model, making money, trying to follow the laws, and now, likely going to be investigated and sued like the others. I mean when the final data is collected, will M.E.R.S. really have saved the Servicers $20-$40? Maybe they will have cost them $20 – $40 Billion? ? ? We simply don’t know, back to my earlier point. How much is integrity in the market worth? Fund that and let’s get on with it.
A shell company listed in your Original Docs to avoid paying $20-$40 more per loan. A fee paid so to avoid having to do it the old way, the way that worked, the way that was actually designed NOT to be a Casino. The way that worked, the way that was…….. Yes it was boring, repetitive, but it also worked. At the rise of the American prosperity push of the 80s and 90s, banks were not casinos, your home loan in Idaho was not being bought by a small municipality in Finland as an investment grade instrument to protect the village in perpetuity. Our homes had not yet turned into Casino Chips….
Slick Rick from the NYC wasn’t selling your Home’s Note six times around the world, making bonuses, Christmas Cash and Commissions each time. Think gift giving (or selling) and then repackaging and selling again, you get the idea. . . in real estate terms think about the person who sold you your home, the agent, then informing a ‘BIG TIME INVESTOR’ that he/she knows of ten homes/loans that were just transacted and maybe he wants to be the owner of those notes (from behind the curtain). You starting to get it? Becky the Real Estate Agent morphs into Brian the Wall Street mortgage hooker, and in no time, your Note/Deed of Trust has just been super sized like a cow on a train, heading for a processing plant – from New York with love – suckers. Well, the joke is now on them.
Okay, what happens next is interesting and will be addressed in posts to come. From this I want you to know:
1. M.E.R.S. is not larger than you, it is actually not a place, a thing, or a person. It is some documents that were filed in the State of Delaware to allow your loan originator to list this Corporation in the County filings.
For this they take a fee. I am sure their inventory is low and must be a cash rich Company, at least for now. What was their cost of doing business, a $2.93 rubber stamp for the doc packets?
M.E.R.S. did have foresight to write about the possibility of going bankrupt. Yes, they filed an acknowledgement that business comes with certain risks, up to and including bankruptcy… my point is they knew they were operating a Casino…and things don’t always go as planned.
M.E.R.S. is not a software system when used tonight in this context, it is a company just like Vons, Ford, any company usa…..
Okay try this, the real people who own our mortgages don’t exist, I mean ultimately if your ‘Doc Package’ has M.E.R.S. on it, it might as well say MARS. It doesn’t mean anything except that they were involved in allowing your loan to be sold without registration, without a clean paper trail.
Think about this, your loan could be sold tonight, and might just, on an exchange far far away, and if you called MetLife and said “Who do I REALLY owe this promise to pay my $732,990 dollar note to, or ($73,292 note same/same), they would say don’t know, and the reason they won’t know is that what has happened over the past few years was never meant to happen.
We are in new waters… life jackets should be worn at all times. Remember, gills and fins. In my case my abuser, MetLife (FretLife) announced less than stellar earnings over the weekend, so it looks like all this hassel is catching up with them. Their stock is down 15% in as many days and well, like BP, they should put the cameras on themselves and give people back their homes.
Or if you would like, you may think of M.E.R.S as just an idea, and from the looks of things… not a very good one
Goodnight all. Glad I got that off my chest.. . thank you Angels, you know who you are.
UNIVERSITY OF CINCINNATI
LAW REVIEW
Volume 78, No.4 Summer 2010
FORECLOSURE, SUBPRIME MORTGAGE LENDING,
AND THE MORTGAGE ELECTRONIC REGISTRATION SYSTEM
Christopher L. Peterson
……………..The loan is then assigned to a seller for
repackaging through securitization for investors. Instead of recording
the assignment to the seller or the trust that will ultimately own the loan,
however, the originator pays MERS a fee to record an assignment to
MERS in the county records. MERS’s counsel maintains that MERS
becomes a “mortgagee of record” even though its ownership of the
mortgage is fictional. 64
64. R.K. Amold, Yes, There is Life on MERS, 11 PROB. & PROP., July/Aug. 1997, at 32, 34.
Arnold explains:
When a mortgage loan is registered on the MERS System, it receives a mortgage
identification number (MIN). The borrower executes a traditional paper mortgage
naming the lender as mortgagee, and the lender executes an assignment of the mortgage
to MERS. Both documents are executed according to state law and recorded in the public
land records, maldng MERS the mortgagee of record. From that point on, no additional
mortgage assignments will be recorded because MERS will remain the mortgagee of
record throughout the life of the loan.
2010] FORECLOSURES AND MERS 1371
Although MERS records an assignment in the real property records,
the promissory note, which creates the legal obligation to repay the debt,
is not negotiated to MERS.65 Everyone agrees that MERS is never
entitled to receive a borrower’s monthly payments, nor is MERS entitled
to receive the proceeds of a foreclosure or deed of trust sale. MERS has
no actual financial interest in any mortgage loan. MERS does not even
provide lien releases of the mortgages it purports to own, instead
referring title attorneys, refinancing lenders, and consumers to the loan’s
servicer. 66 MERS’s revenue comes not from repayment of the loan or
the disposition of collateral, but from fees that the originator and other
mortgage finance companies pay to MERS. Once a loan is assigned to
MERS, the public land title records no longer reveal who (or what)
actually owns a lien on the property in question.
After a few years in business, MERS decided it could help mortgage
financiers pay even less to county governments by doing away with the
first assignment to MERS, and instead listing MERS as the mortgagee in
the original mortgage. Figure C provides a graphic representation of
sub prime mortgage loan origination where the parties record MERS as
the original mortgagee. Once again, MERS does not actually advance
any loan principal to the homeowner, does not have the right to receive
any payments from the borrower, and is not the actual party in interest in
any foreclosure proceeding. Nevertheless, the actual mortgagee pays a
fee to MERS to induce MERS to record the mortgage in MERS’s name.
By eliminating the reference to an actual mortgagee or the actual
assignee, MERS estimated it would save the originator an average of
$22.00 per loan.
67. MERSCORP, MERS Frequently Asked Questions, http://www.mersinc.orgl
why_mers/faq.aspx (last visisted June 9, 2004) (“[Y]ou’ll save $22 or more per loan when you specifY
MERS as the Original Mortgagee (MOM) of Record in the mortgage or deed of trust.”); Mullen, supra
note 19, at 65 (“The good news for companies embracing the system changes was that using MOM
[MERS as Original Mortgagee], as the practice has come to be known, provides an immediate cost
reduction of approximately $22 per loan.”). Early estimates suggest that the average cost reduction
when MERS acts as an “assignee” were between $15 and $17 a loan. LIPTON, supra note 26, at 2.
More recent estimates suggest that using MERS saves lenders and servicers approximately $40 over the
entire life of a mortgage loan. David F. Borrino, MERS: Ten Years Old, USFN, May 11, 2006, http://imis.usfu.orglResources/ArticleLibrary/1733.aspx (last visisted July 13,2006).
Once again, MERS does not actually advance
any loan principal to the homeowner, does not have the right to receive
any payments from the borrower, and is not the actual party in interest in
any foreclosure proceeding. Nevertheless, the actual mortgagee pays a
fee to MERS to induce MERS to record the mortgage in MERS’s name.
By eliminating the reference to an actual mortgagee or the actual
assignee, MERS estimated it would save the originator an average of
$22.00 per loan
Look closely, accountability is being demonstrated. BP might be saying “we screwed up, we hurt people, things, ecosystems, animals, livlihoods, credit ratings, things that matter to the people in the communities in which we do business and the broader stakeholders if you will. BP might also believe “we got off easy, we had insurance (assets) we are now selling them to pay for our behavior and failed policies (the fines) and now let’s move forward…. I think that is the message.
So if really big, powerful corporations (BP) with billions of cash to pay claims and fines must be held accountable (put it all on the line), you’d better believe that some of these mortgage players are going to be writing checks… if Mama has to pay, YOU have to pay too. No free lunch. That is the message.
Wasn’t The Art of War based on this principle – the battle is won before it is ever started. In this case, pollution in the ocean/nature is affecting abuser and victim in real time, and in real time, reparations are being made…. welcome to the future of conflict resolution. May this BP article help to see that by making good, a company ensures its survival amongst the herd. The universe rewards restitution. I mean come on, what if it wasn’t BP that did this, what if it was a company that did not have $20 Billion to pay for damages, who would have paid then? Silver lining?…. verdict is far being reached
BP to sell stake in Pan American Energy for $7.06B
BP agrees to sell stake in Argentina-based Pan American to CNOOC, Bridas for $7.06 billion
Gregory Katz, Associated Press, On Sunday November 28, 2010, 3:08 pm EST <——— pretty close to 'now'
Gregory Katz, Associated Press, On Sunday November 28, 2010, 3:08 pm EST
LONDON (AP) — BP PLC is selling its 60 percent stake in Argentina-based oil and gas producer Pan American Energy for $7.06 billion as part of its strategy to sell of tens of billions of assets to help pay for the massive oil spill in the Gulf of Mexico.
The British oil giant said Sunday that Argentina's Bridas Corp., which already owns 40 percent of Pan American, will buy out BP's stake. The deal is expected to be completed in the first half of 2011. BP announced this summer that it would sell up to $30 billion in company assets as cleanup and response costs mounted and it faced billions of dollars in government fines and legal claims.
Did I say $20 Billion. (Fact check!!!) I meant $40 Billion. Time (and money) flies when you’re cleaning up. I also think Corporation and the Finance VP they hire would all agree that securing installing a $250,000 mission critical part is much more in line with stakeholder expectations (global expectations) than spending $40 Billion (and counting?) on claims for damages. Repeat, the culture of bending or breaking the rules must change so that the Corporation can be given a fair chance to do what it is designed to do, to make investments, decisions, sell goods and/or services with the best interests of the shareholders as paramount to all other activities. Get it? Follow the law, be cautious when dealing with the Earth and others’ livlihood, check your Greed (or you will write a check). Here is the update:
“BP expects to spend nearly $40 billion to handle the Gulf oil spill, which was sparked by an April 20 rig explosion that killed 11 workers.”
The real question is this, can your Servicer afford a $40 Billion hole in the US consumer confidence Index? I doubt it too…
what do you mean a tro against fannie mae?
the servicer is not foreclosing on you fannie mae is ? I didnt think fannie could do that
first I would check with the secretary of state to see if fannie is registered to do businesss in your state
I have a fannie mae loan but it got sold to fannie and then fannie sold it to an investor but my bankster is thinking there going to foreclose you can email me if you like mrbuilder11377@yahoo.com
Lisa
November 28, 2010 at 12:48 AM
Temporary Restraining Order against FannieMae. Our servicer was Indy/Onewest(crooks). Our house was foreclosed on in July and we were informed that it now belongs to fannie. TRO is also against mers, etc
Make sure you respectfully inform the Courts FIRST THING MONDAY AM(yes before your appearance – read on) Type and sign (maybe even throw some purple ink on there too with a notoraized signature even(but make sure it’s you signing). If you feel this way, mention in your letter to the Courts / Motion etc…. that with the current 50 State AG Coalition, you would move the Courts to honor your request for a stay, or TRO or cease and desist on all foreclosure activity, or ????. I am not using the right terms, just bloggin’, but you get the drift.
Again, get to the Courts and immediately file a Letter / Concern to the Courts in general with your case number etc… (or address it directly to the Judge if you know him/her) and write as a concerned American doing your Civic duty to report suspicious behavior to the authorities (have you filed a complaint with your State’s Consumer Protection Depart? Do you plan to ? I think a copy of that Complaint would make a strong and compelling case to the Courts to ask their help now to protect you…. make sense?
Maybe you too are concerned you are, or have been, a victim of white collar fraud – the same abuses being reported from Coast to Coast and bahavior that is being investigated and now prosecuted within the same National scope.
I believe you are the first wave into the Courts who can lean over and point to 50 US Attorney General Offices and a 17 member Federal Alliance and and say, “Your Honor, I think we have cause for concern here. You may even in writing mention the timing is remarkable. Can you please support this period of Discovery on bahalf of “We the People……”, on behalf of those coming forward (yours truly). At least ask for a Continuance if that would be a secondary and acceptable position for you. 180 day Continuance while the States do their Discovery would be fair. Time helps you here… let’s the AGs do their work and support (likely) your claim of abuses.
If you strongly believe you have had crimes committed against you (if this is how you feel….not putting words in your mouth) then I encourage you to file a complaint with your AG (before Monday), make a copy for the Courts (before your hearing) Oh and file your letter before your hearing, did I mention that, even if is 30 minutes before your hearing. This is all breaking news but learn from my mistakes, file your letter of concern and/or request for Continuance (TRO) before going into the Courtroom. He/She will say they would have appreciated you doing this 10 days ago, to which you will reply it is breaking news, happening now, and CSPAN is reporting the facts (watch Geithner and Co on CSPAN), what is going on and you think you may be a victim of fraudulent foreclosure practices. Hope this nudge helps…. Oh, and bring a copy for the Judge AFTER you file Monday morning this letter of concern….. Make the effort to process a filing… and if your hearing is at 8:00 and you will not be able to file your letter before seeing the Judge, see if someone can file your letter while you are in the Courtroom, with a Power of Atty if necessary. Do this and please learn from mistakes… you CAN do this. My Judge would not see my documentation the day of my Summary Judgement Hearing. The Judge was not in the Courthouse. I was scolded for not having done this ahead of time. My evidence was not included in the Judgement. Six months later, the Attorney Generals stepped in.
Good luck. Also, google any news on your lender that you would include with your letter as evidence of this type of behavior, abuses etc or whatever is factual to your circumstances – only you know. Your AG may have even posted an update on his/her investigation efforts to date. Likely too soon, but you get the idea… support your suspicions with documentation. . . Go get ’em.
Lisa
November 28, 2010 at 12:58 AM
Thanks Trevor, You provided a wealth of information that I definitely will follow up on. Our hearing is at 8am, I’ll do what I can in that area regarding the letter of intent. Again, thanks.
Trevor Hitchin
November 28, 2010 at 2:16 AM
You are most welcome.
One last item, obviously make copies for the Plaintiff too and if possible you can always serve them in the lobby of the Courthouse, before your Hearing, surely enough to get their immediate attention. Whoever shows up on Monday from the Bank is NOT going to want to be there, trust me. Not now, it has all changed. Law of diminishing returns.. your’s is the 100,000th foreclosure, they are not belly aching… I suspect, you tell us on Tuesday. You will be amazed at how easy agreements can be made in this new phase of the foreclosuregate-I suspect you will be heard next week. Don’t take this shift of luck for granted, you have a responsibility, you are plugging the foreclosure well so to speak, the first cases to jam and possibly permanantly hault an injust cog. We will be watching and lending virtual support.
Please let us know how it goes…
Lisa
November 28, 2010 at 1:02 PM
Also, Trevor our trial is set for Oct. 30, the day after PRAYERFULLY, we are granted TRO. I will inform you guys of the outcome.
I bet if you do a little more research you will find that indy could not foreclose and that fannie was the investor which also means that your loan was probably put in a trust and if that was the case the only ones whom could foreclose would be the certificate holders of that trust
Lisa
November 28, 2010 at 12:59 PM
Brian, how do I go about finding this out? Is it the county recorder office? I live in San Bernardino County in CA.
hi lisa
send me your telephone number via email my eamail is mrbuilder11377@yahoo.com I will explain how i know and how you can look up what you are lookin for then do an affidavit witnessing what you found out and get it notorized and bring it to court with the tro send me an email ill explain on the phone
Trevor Hitchin
November 28, 2010 at 3:54 PM
Just now reading this follow on thread Lisa and want to say that some angels have delivered 5 documents to me – for distribution, answers to the deeper layered questions, the ones that will hold up in Court. These are MERS specific and have many of the answers you will want to have available for your case.
I see the need is NOW so before just throwing them out there I want to alert you that I have them this should all make sense shortly. I will send them over to Mr. Builder and if you guys have spoken, or can speak about them, they just might be the missing link, or at least a piece of the chain.
Lisa, if you want to send me your email to trevor.hitchin@gmail.com I can confirm that you have what you need and/or send the files to you directly. They are what you want in your briefcase….
MB, files are heading to you and if you can get them to Lisa that’d be cool. Be well.
Thanks for this wonderful-informative-very helpful website.
Very late last night I heard a statement on TV about The FEDERAL RESERVE.
WOW I did not know it is not even “Federal”…. it is a corporation.
The President of the USA does appoint the 12 members of the FOMC
It has a 7 memer board of Governors (not state Governors) that act on behalf of Banks Advisory Councils.
There is also Private & Public Partners -ONLY FIVE BANKS VOTE on monetary policies.
US Treasury prints money used by the Fed, sells it to banks at PRINTING & Manufacturing costs
ALL MEETINGS ARE HELD IN SECRET !
It is voted on by Congress. Proof that BANKS DO OWN CONGRESS & SET POLICIES.
This tells me the Banks will win at all costs to the American Families & Taxpayers.
Every President, or Administration that has ever tried to demolish, disrupt the FED RESERVE has been killed or never heard from again. just google it-WIKI it-for the sickening truth. BANKS HAVE THE POWER we the people are all just pieces of worthless paper in the way of their profits.
I now believe I have a 7th degree black belt in the identification of mortgage fraud and how to successfully navigate and survice the gauntlet; pre-during-post the abuse. Knowledge is not knowledge until it is shared.
I welcome comments. I would STRONGLY encourage anyone involved in this game of cat-mouse to invest in a digital phone recorder and send written letters, with evidence, comments, transcripts to your Senator / Congressman/Congresswoman / Mr. Geitner / Mr. Holder with a copy to your State’s Attorney General. Thank them for treating this as a National crises, which it is, with impacted victims worldwide. . .
Mr. G’s Committee has the green light to tally the damage, identify the offenders, propose systemic system-wide changes and begin the process of restitution. This will not be comfortable for those at the top, but it will be necessary for those at the top, middle, and bottom of the pyramid. The bottom supports the middle, the middle supports the top… simple physics. Remove middle and/or bottom, and what happens to the elitist ‘gangsters’ at the top, they would fall – hard. Simple physics….
There is so much more at stake here than just your/our ‘nest’ and life savings, we are talking about the institutions of our young (and sometimes dumb) Nation, the same beacons of hope and justice that summon the worlds’ downtrodden, hopeful and brave to come to our shores and take a crack at the American Dream. To have shelter and know that it cannot be stolen or thieved from you unlawfully like it is done in other parts of this planet is a differentiator – what makes America greater than say the Germany of the 1940’s.. As someone who is now having to dive to the bottom of the lake to retrieve the boat, my boat (or house) that sank in the foreclosure storm, I will be the first to say that IF MetLife and First Horizon had taken my house legally, I would not have a leg to stand on. But they did not…. so I will fight, year 3 now… ding-ding.
So here goes: CSPAN aired last night the State of the Fraudcloser Crises, from the Eagle’s view. In case you missed it (why would you? it was on at about 1 am MST this morning), the Obama Admin. is coordinating and directing 17 Agencies to flush out the fraud/cancer AND they want to see those who broke the law punished, and that restitution is made by those criminally liable to those materially impacted. The Committee has teeth, is hungry, and smells ‘Thanksgiving Dinner” cooking in the Fraud Kitchen, along with the books. They will meet again, on camera, early January for a briefing. Don’t miss it, even if is on v. late to keep the rest of America resting quietly.
Now, notice how much White Collar / Camp Snoopy Crime operations are being busted lately. Put it this way, if the rest of World loses confidence in our markets/institutions (whether they are financial, ‘Justice’, enforcement, consumer protection, whathaveyou….) if THAT happens, more than it has already, the real risk then is that the “Coming to America Story” the same one that fuels the world on many of these ‘stages’, will be a lie. . .a fraud, a fixed game. Nobody plays games that are rigged, where the rules are not enforced so to speak.
In layman’s terms, if I knew the Casino was cheating, I wouldn’t play THERE, I would play where the house did not cheat, had a reputation for not cheating, and well, provided a fair and value-added entertainment and lodging service. Repeat, if I knew the Casino was cheating, I wouldn’t play THERE, I would go somewhere else. Yes the House can play the odds, you play them too, but after the odds (or consumer protection laws, anti-racketeering laws, etc) are what they are, they cannot be altered – or in NV, the Gaming Comm. closes them down a la Lefty and early Vegas… The message: The consisent adherence to the laws that govern the game are more important than any one player’s ‘take/profit/revenue/bragging rights/egos’. Crime doesn’t pay… paying from playing pays. Crime = no playing = no paying. Again, crime doesn’t pay.
So try that hat on, think of MetLife and First Horizon as the Casinos of the 50’s and 60’s (literally think Joe Pesci, Stardust, Flamingo, Robert De Niro and the other characters – even Bugsy….) you get the idea. Now, when ‘other’ Casinos saw their buddies fall (Federal raids…, chains on doors, guys with 3 big yellow letters on dark windbreakers with lots of tape and boxes and guns and badges), well, they cleaned up their act(s), STAT. It was survival instinct that kicked in.
A closed casino makes no money. Repeat, a closed casino makes no money. An open Casino makes much more than a closed casino, and a casino that treats people fairly, pays out, provides excellent service, makes you feel the love, well, those places survive and thrive – through the storms and all. If you think you will be robbed in your hotel room, you stay somewhere else. Right?
Now back to Fraud Street, NY. When the biggest fish decide they want to take their ‘chips’ elsewhere, to Casinos that don’t tweak the odds (in our case, Mortgage lenders or financial exchanges that have no-fraud rating like Qantas Air has a no-crash all-star rating, like a cafe has a ‘A’ Grade cleanliness rating…..) well, are you starting to get it?
There will NEED to be raids, arrests, trials, convictions, MASSIVELY OBSCENE RESTITUTION to Main Street victims (otherwise the penalties are just, ‘blips’ and motivate companies who’s profits far exceeded the penalties for damages caused by product/service to continue to go along about their gambling and wanton thievery…). We are heading into new, uncharted territory with this mess and anyone who tells you otherwise, is not paying attention.
Predictions – The American people living warm and safely in their fraud-less mortgage-serviced homes will see that the work done in late 2010 and 2011 was painful but necessary and was done with one reason in mind – to restore gloabl investor consumer confidence in the United States. Like being a landlord or an employer, being a home loan servicing Agent comes with a massive amount of trust and responsibility. They essentially play ‘god’ – with a little g – with your shelter, especially if bumps are hit along the road; job loss, auto accident…. life. Usually ‘they’ decide if you live in your house or on the Street in depressionistic times like these. . . This responsibility and the trust we place in the hands of people like Mr. Hendrickson, CEO of MetLife, and others like Tony Francis of MetLife / First Horizon, along with the Consumer Protection and anti-corruption laws we have in place, combined is too big to Flail. . . so it won’t. This system is too big to fail and too broken to continue to flail. When a plane won’t fly safely, it is grounded. America’s mortgage industry is grounded.
Email me directly at trevor.hitchin@gmail.com and I will share what I can, scars and all. If I can help one person save their home from foreclosure, it will be the beginnings of a silver lining forming on this tragedy. Peace all and thanks for reading. I hope it makes enough sense to you and was worth the time… Happy Thanksgiving. I give thanks this week for living in a Country that cares enough to want to clean house, radiate, kill the cancer. Oh, and we have clean and fairly safe drinking water here – billions around are Planet today cannot say even that much. As Mr. Rogers once sang, “if you’re gonna play the game boy…..you got learn to play it right”. Cheers.
Trevor, thanks so much for your encouraging post. I too sense that we are about to turn a corner, a big corner that will finally bring justice to We the People. I’ve been following this very closely, as I’m one of those who already lost my home to foreclosure in June 2008 after putting up a valiant fight representing myself in court for 11 months. My case is a picture-perfect case scenario of all that variations of fraud we’re hearing about now, from changing the loan terms after I signed docs at closing, to reassigning the mortgage without the note, to affidavits being signed by robosigners, to finally, my house being “sold” at auction as an inside job to New House Title LLC, which is affiliated with Florida Default Law Group, for a mere TEN DOLLARS.
I like that you used the word Restitution. That’s exactly what I’ve been calling it! Lady Justice awaits!
Have a blessed Thanksgiving, and thanks again.
J A
Trevor Hitchin
November 25, 2010 at 4:25 AM
She does indeed. . . You hang in there too. It is NOT over for you and I would suggest you get registered with you AG right away, if they will hear you and they should.. Your story brings back memories of my experience and if robbing and selling stolen goods to your buddy for $10 isn’t Camp Snoopy worthy, then I’ll eat my words. I was Foreclosure Fraud Class of 2009 but I am sure your AG would like to know your story and when restitution is secured, you would have a legitimate claim to a percentage. Watch the 3-4 year statute on fraud window and get that AG paper trail going. Your task for the first two weeks of December if you are still willing to press it and assuming you have not already. Thank for your reply. Represented yourself too, I like your style.
I will be 1 month late with my mortgage as of Dec 1st and have already been sent a NOTICE OF DEFAULT and FORECLOSURE for my October payment (which was late and I managed to satisfy) I went to the county today and copied everything in my file – guess what? The recordings stopped in 2005 and my mortgage has been turned over twice since. Another interesting note – my last mortgage document states that “MERS is a separate corporation that is acting solely as a ‘nominee’ for Lender and lender’s successors and assigns. MERS the ‘mortgagee’ under this security instrument.” While perusing through my file, it seems MERS had recorded, previous to 2003, each assignment and they are what appears to be legit transfers; except my last signed original thru my current lender.
I’m investigating all I can and just wish I could find some attorneys here in NJ to assist with a class action. So many are not /home for the holidays’ and wish I could find a way to get others w/credibility to spread the word. My Thanksgiving wishes will include everyone who is sharing such valuable information here. I also contacted Michael, as I would like to get this site and some info out on the radio.
Warm regards,
SC
Trevor Hitchin
November 25, 2010 at 1:34 AM
SC,
Hey thanks for the very nice reply and I am sorry you are in this situation but I want you to know that you are VERY lucky to have to deal with this in Nov. 2010, not anytime sooner. I know you are frustrated but re-read this first line. You are very lucky. There is wood behind the arrow now but you are not out of harms way so to speak. You will need guides and this can work. I write this with an intent to help, not harm.
In real estate they say ‘location, location, location” …… when it comes to standing up for your Rights and specifically if you feel they are being violated (which is to say you are willing to fight within the boundaries of the law for Justice, your Justice, which is really just a piece of our Justice), the saying might be shifted to “timing, timing, timing”.
Now is good timing. SC, if I could yell through these fiber optics I would yell “now is good timing!!!” Breathe, you are going to save your house. The nightmare will end. Repeat, you are not going to lose your house, do not quit, do not let your guard down. We, and I speak on behalf of others reading this, who may or may not reply, will NOT let that happen if you also will NOT let that happen. They have cut to the bone, others have lost before you, the thievery is reckless, senseless, and criminal. You have a great chance, don’t give up, dig.
Read on and the front end stuff must be said. There is a pre-flight announcement on any commercial flight, so please take the following in the same light. It is a Journey, and you must be prepared. Cool? Cool.
Step one: learn to use the voice notes on your cell phone or buy a digital recorder and from this point forward, EVERY person/company you speak to with regard to your home’s rescue must be recorded and you will want to check on your State’s laws, but in one-party states such as mine, only one person must know (in this case you), but isn’t the first thing you hear when you call them is “this call may be monitored?” You get it and yes, you have the Right to use technology to capture evidence, see how this has shifted?? Buy a speaker phone and make your calls from a land line, record with your cell phone. Mel Gibson is seeing how effective this can be in establishing a crime, are we clear? You will feel better and more empowered as you begin to see progress in the ‘tone’ your lender will take with you. Take detailed notes and log them safely, where you can retrieve them if and when necessary.
Many who have had this fight, or are in it now (like yours truly), or who have been steamrolled over the past few years BY the process, will tell you the road is long, the pitch is steep, there is little oxygen at times, you will be tired, you will want to quit, you may find yourself being lied to, misdirected, ‘forgotten at a bus stop”, scared, angry, breaking telephones, throwing pens, yelling, I mean you may be humiliated, made the subject of false police reports, and I am just getting started…. but then again, you may be able to resolve this situation with a telephone call. Whatever happens, the fight is worth having and the principles and the home are worth fighting for, yes, even in this time of great uncertainty (there has always been) and yes, even in this time of great change (there has always been) you can win this fight. I am just saying there is a range here…. you can appreciate this right?
It’s kinda like this, you know bullies are going through neighborhoods stealing houses, not returning calls, lying under oath, doing all sorts of horrible things, using lawyers on the take, appraisers on the pull, real estate brokers on the scam, I mean there are lots of characters that may come into play and the more that enter (think juggling and the complexity of adding a fourth and fifth ball to the first three) the more likely the train can derail. But like in Wizard of Oz, the house does fall on the wicked Witch and the town comes out from under its cloak of fear, the nightmare ends in their town too. Let us hope then that this should be the next step in America, the house dropping on the Witch, “ding dong…. the wicked witch….well, you get it.” How ironic, it was a house too…. hmmmmmmm in-ter-est-ing.
SC, these are dangerous waters, sharks everywhere, and until you are on the other side, wear that life preserver and be prepared to hit one on the nose (HARD) when it gets too close. Like Nat Geo will tell you, “they don’t like that”. You will need to do the work, but you have coaches/guides. Collectively we will all be stronger together, you just let us know where and when you need help and communicate, more is better than less and sooner is better than later. Again,if there were a time to get this cleaned up, it is now. We have all we need. Let’s proceed.
Now, saying all this. I want to know what State you are ‘calling’ from. The property resides in ? The State matters as you obviously know each State has its own version of Foreclosure Laws it must adhere to, despite or because of Federal Investigation(s) and Jurisdiction that may or may not be at play. At this point I think it is safe to say that your lender has someone looking at them very closely. They are likely not having a peaceful Thanksgiving dinner, those people who have treated you poorly. Let’s just say heartburn will hit them before the dinner and likely already has, these are stressful times for them too and tonight you are in a position of strength. Again, you are in a position of strength. Use it. Here is how.
Your indication of a MERS suspect file (transferred but no record post 2005) leads me to think there is good reason to believe that if asked next week by your State’s Attorney Generals Office and/or Federal Courts, to show clear title/Deed of Trust and to produce a current and valid title package, that one could not be produced, which if the case is VERY common these days. Not here, not there, not anywhere – it doesn’t exist much like the tooth Fairy. The loan was sold, then sold again, then again, and then……..into the mysterious ownership waters you go and those waters have been cycled many times in the past 6 years.
In the game of Blackjack, this will be like holding a King + 9 and the Dealer (your lender) has a face card up and you can only hope there is a 9 or less under – a push or a win. What I mean is that if you just were to do nothing and hope the Coalition Investigation will thwart your foreclosure, that’s risky, you may lose your house. Do more, here are some ideas.
If you file in your District Court a Motion in Response to your Foreclosure Notice, you will be given the chance to formally request a stay of foreclosure, or terminology like it, google, ask, the info. or terminology and exact steps are at your disposal. Ask the Courts Assistance Office for an understanding of what you can do now, on your own, to make a forward motion to petition the Courts – someone can walk you through it and it is not very expensive. You now know more than most attorneys about the current state of the crisis and what you can do congrats, now. Keep going…
You may ask the Courts to intervene into your case considering your State’s AG is involved and possible investigations could be happening tonight, in your State, on the Defendant, your Servicer wherever they may be based (you just turned the tide). If you do nothing else, contact your AG Consumer Protection Division and print, complete, make copies, sign both and send one set back into your AG’s Office. Follow all directions and perhaps call first as this is a ‘hot’ National issue and nobody wants to mess this one up. Walk slowly, ask for help, let them guide you in your State, report though, today-not-tomorrow (TNT). Or Friday or Monday. Create the paper trail and come forward, they will not retaliate, it is past that, much bigger now.
Whether you know it or now, you are already likely involved with white collar crime, as a victim. Let the authorities decide, but you must do this documentation step with your allegations, it is called ‘leverage”. In martial arts I believe with regard to self-defense, the same term is used. Theme: protect yourself, don’t get hit, get out of the way….let the house fall on those responsible. There will be time for class action but you have not lost yet, you are playing for a permanent and immediate halt to your foreclosure.
You need say little more than that you believe you are being falsely foreclosed on through illegal practices by Servicing Agents (your lender) who you believe are being investigated by a Coalition of 50 AG Offices and a Federal Investigative 17 Agency Task Force / Committee lead at the direction of our Secretary of the Treasury., Mr. Geithner.
As rambled above, document this with your Courts and if you have to file a claim next week do it and fear not, there are those here who can help you with that. No you do not NEED an attorney to file a complaint with the Courts. I would do as much if I were you, and the sooner the better. In the area on the Suit / Complaint / Motion you will want to cut and paste everything you said in your message on the board. You can find Court Docs where others, without Counsel have filled out the paperwork to the expectations of the Courts, said in another way, you CAN do this. Include all attempts to resolve this, names of those you asked to speak with, letters perhaps that were sent to you, copies of letters sent by you to them, attach all you can and you just might see that your lender will suddenly be returning your calls.
If this is too much to consider right now, even with help, you will want to type a letter to your Servicer and to the Law Firm sending you the notices. You will need to budget a few bucks to get the letter notarized but in it, write what feels comfortable to you to most accurately describe why you request an immediate confirmation of a permanent loan modification and immediate termination of ALL foreclosure activities. You will also include in this letter or Complaint with Courts, that you are seeking, on behalf of all those harmed in your State by XYZ Mortgage Co. immediate consideration of a credit for all Foreclosure charges that may have accrued to date.
What I am saying here is that you will need to get your Mortgage Co. to inform you how much they have charged your account for foreclosure activities to date. It could be $0 , it could be $8,783 or more. Just find out. Then you will include this in your demand for immediate foreclosure relief….. I want you to think in literal terms. Instead of asking “are you guys charging me thousands to be foreclosed on illegally?” say “please give me exact figures that have been calculated for this foreclosure and placed onto my loan and/or account, please?” Civility works when gathering information, and to be fair, the Customer / Loan Rep you speak with is likely not the offender, just someone stuck in a nasty industry at the not-so-cool time to be stuck in that nasty industry…. have compassion.
I will stop here and wait for your to even say if you are interested. Let me/us know. The point is, get a recorder, budget some time, 3-5 hrs every few days min., as remember this is happening NOW and next week could be too late. Please know that I do this not to try to be some foreclosure superhero but rather to say, this train is leaving the station and when an abuser is caught, victims, past & current, have an obligation to help others, to reduce the pain for others, to help enact change for the right reasons so that there is integrity put back into the system. I cannot think of anything that could be better for this Nation than to have ordinary citizens help the Country rid itself of crime, whatever color collar it may wear.
I would also encourage you to watch CSPAN from this time last night if you can find it. You can learn so much by just the body language (and note passing). Please let me know if this was helpful. It is a first start but a safe step in the right direction. You will not lose you house. Believe this.
Now go to you youtube and google one of my teachers, Martin Sexton “In the Journey” and play the one with the most views. “it’s in the Journey where we gonna find we can’t do IT alone”…. enjoy.
Happy Thanksgiving to all from the City of Trees. Brrrrrr….
Trevor Hitchin
November 25, 2010 at 4:17 AM
Got the radio, Michael reference so will guess NY. I have spoken with a very professional contact in NY AG Office. I want to say his name is Mathew but if you call the NYC / Consumer Affairs Executive Offices New York City Office Phone / 212-459-8850 / Fax 212-459-8855 they should be able to help. If this is not your best first stop, try 1-800-771-7755 and mention that you would like to register with the Foreclosure Fraud Investigation Team. Someone will help you.
ps- just re-reading through my Non-Uniform Covenants in my Deed of Trust (you may have one of these or an actual Mortgage, likely the later considering NY??). On my original documents, under “Acceleration; Remedies” in my case, to be clear, both Borrower (me) and Lender (them) agreed to a 30 day cure of default period. Considering this 30 day period is industry standard for home loans, I would give your Peanut Gallery 30 days to:
1. perm halt all foreclosure efforts on your property (and if you are not going to claim for the property in full, as damages, then you need to get current on your payments – work out a 90-180 repayment plan but have them wipe the foreclosure charges, they were fraudulent to begin with and you will not be telling them something they do not already know. They just won’t expect you to know…
2. have them provide in writing this commitment to you for your records, verified with evidence from a Default Services Corportation (the ones who would schedule your sale). This is NOT your loan Servicer. Make sure you have written confirmation from both, insist it. Remember fins and gills….
3. have them produce evidence of the last 3-5 owners of your note/loan abck from 2010 – 2005 ..as in most current to first – they will not be able to.
So again, not only will you assert that you are not in default as you realize now your loan/deed of trust / mortgage is likely fraudulent, but that you would like: x y z for your troubles and being exposed to such a sloppy and liable instrument. You may have a perfect argument for them handing over the collateral and you coming out a rose. Get it in a complaint form from your AG – this is a must and your next stop if you feel comfortable coming forward and if this is truly what has happened, stay truthful, that is all we have left and I hope something here tonight will help. Be patient and brave. Cheers. . .
the language standing out on in my Deed of Trust is this, that I, as Borrower have “the right to bring a court action to assert the non-existence of a default”. To me, if your small print in the back of your Agreement said that if they threatened foreclosure and asked you to remedy in 30 days, you would hypothetically have the right to say “I am not in default because you have not performed to register the sale / trust deed of my note as you said you would, after it was sold, and then again….” and as a result, seeing that this is likely a fraudulent instrument now, you would like to ask the property to be placed in your name, without a mortgage as partial restitution for their abuses…. and protected from any other present or future claims made to the proerty. Yes I believe you could make a case that the house, or apartment is technically yours and want a clean and $0 based mortgage balance in 30 days or you will sue them. I might be using this in my complaint, so thanks for making me dig a little deeper too.
I emailed you this morning and am grateful for your help.
I had a chance to read your post and highlight steps you indicated. The notice I received after 30 days past due was an intent letter – would now be the time to send this letter?
I live in the property in NJ. Q. – On one of the templates for the initial letter to the lender requesting them to ‘produce the note’, it indicates we should disclose the original Lender/Mortgagee (?) and date I signed – does this refer to the 1st mortgagee when I first purchased the home?
Also, in reference to your advisement to contact the AG, it appears she is on a rampage to halt mediation fraud in its tracks.
I also just saw a case whereby Citimortgage won regarding a homeowner’c complaint of Citi not being able to provide the note Original note was with ABN AMRO. Apparently, ABN merged with Citi, and the judge accepted Citi’s citing it now owned ABN and did not need to provide docs. This is the case with my mortgage, and these would be the docs missing from county records. Does this mean their practices are legitimate?
Whoa! Where to start???
Thank you~
SC
Trevor Hitchin
November 27, 2010 at 3:50 PM
SC
Okay I back from the ledge………….talked myself down. If you missed the Boise State / Nevada game last night (or really just the last ONE second of it – for all the marbles), well, you would understand this comment. Like Avitar, you would “see” what I am saying. . .
We in Boise had waited 10 years for the impossible to happen (Boise State to get invited to the Rose Bowl…..the ten year winning streak, the little team that believed it could,so it did….. The David and Goliath story (Oklahoma game with fairytale Disney ending….). You know the Rose Bowl and Boise State are not four words ever seen together or spoken together – until last night on ESPN, with 1 second to go, the guy who is “hired’ to do just one thing, just one thing, could not do that one thing from less than 30 yards…. something he has been doing everyday a few hundred times for about the past 10 years….He missed it – then he missed it AGAIN. No words left, breathless, suspended…… did I really just watch ten years of effort come down to one second, the last second and then, ooooops the last step up the face of the mtn is a mis-step and, down down down….. anyway, that is where I “have been”…. Felt like my battle with MetLife in a way, one last step (the filing on their end of their offer to me) and then wooooooops…………………….
Sorry…. ok. … back to here now.
Regarding your sitch, it would appear you have much less to worry about than I suspected earlier. You have received an Intent… so here is what you do. Borrow from your friends, family, neighbors, do whatever you have to do get your payments current and you will have no more troubles. Seriously, if you have to quit-claim equity as a fund-raise, shovel snow, whatever, just nip this thing now. I also try to confirm there is no ‘sale date’ scheduled and try to get it in writing if you can. Also confirm that no further steps are being threatened from them so long as you cure your delinquency. If nothing else, get them to ‘break it down for you’ and then reply in writing with your understanding of their status to you, so there is documented communication – remember, gills and fins. Think of what you are receiving from your Servicer as a warning or “fix-it” ticket. Don’t delay, fix it, any way you can. In other words, ‘don’t give them a reason’….
Glad you found a least parts of my midnight ramblings entertaining…. sometimes it’s nice to just know you have imaginary digital friends out “there”, voices in the void, who actually care. I do.
Be well and say a prayer for that BSU kicker, I think he needs a 24/7 watch of some sort… twice…. one second, ten years…. total Charlie Brown or perhaps it is deeper and darker than that???…. It would be akin to landing on the moon, and taking the first step out of the spacecraft, with the suits, the landing gear down, the world watching and then falling down on the staircase/ramp, cracking the bubble helmet, and in a muffled NASA voice hearing “hllllllllp, uggggggggggggg, seeeem to havvve missed a step there, ohhhh my moon boot is stuck, wow, what was that? Ho ho… ouch. Who tripped me? Son of a gun…” and then realizing that the opportunity may never come again, not one like that.
Probably safe to say, my community is in shock… find it on YouTube I am sure it is there already. . . I will work up to that in time, with counselling. . . You have to go back to the FIRST Fiesta Bowl win in 2007 against Oklahoma to really grasp this BSU story.
Be well and give the board a chance to hear you got it all corrected when you do. Celebrate the small victories in life, that is my advice. .
Thanks for your thoughtful note and glad you have it under control. -Trev
STC in Jersey
November 27, 2010 at 8:44 PM
Well, Trevor – That was quite a story, much like the NY Giants in the last 20 seconds of the Super Bowl couple years back – only in the other direction… Sorry Boise had a rough plight. Quite an adrenaline rush! There’s always, try, try again. My Dad loves the rush of college ball – ..
I wish I could say that it’s all that cut and dry ’round here. I’ve scrambled to and fro around the family – they helped me pay October. The two p/t jobs aren’t going to make Dec 2. Still hitting the job boards…BUT, I find it hard to digest that this is only something someone should do if they face foreclosure. What about the impact this fraud is having in the bigger picture? If I don’t gain gainful employment, It’ll be a wrap for me. I can’t help feeling like this isn’t over and should still be documented, don’t you agree? I’d seek a modification, if necessary, but am so leery about them forcing you to go 3 months behind before qualification begins – seems like that just invites foreclosure to your doorstep… Does anyone have experience with this ‘make homes affordable’ program? Thanks, Trever, you’ve been very helpful and quite interesting too! 🙂
What is the statute of limitations in Florida for filing a lawsuit after foreclosure? Is it a year/ 3 years? Is it a certain time period after finding out about the fraud involved?
Never mind. I found it myself. It’s 4 years in Florida for fraud.
James M
November 24, 2010 at 9:21 PM
The time runs from when the fraud occurs, or when you first find out about it, not from the end of the case.
If something was fraudulent, work from that date, or the date when you could or should have found out about it.
I have been reading through all of the posts on this website and I think I am more confused than ever. I am still trying to figure this whole mess out. But, I do have a question that maybe someone can help with. I am waiting right now on a modification agreement (I hope) from Citi Mortgage. I see a lof of financial insitutions and banks mentioned in these posts but have not seen anything about Citi Mortgage and I understand the bank involved with my mortgage is Ffth Thrd Bank in Indianapoliisk, IN whichh is where I live. Has anyone had any experience with these two institutions? I would apppreciate some informaton if you have.
You probably need a lawyer and the help of some friends who have foreclosure experience. Suggest you log on to the ForeclosureHamlet web site and ask for information, help and support from the regulars there. Try several times, during the day and evening. Different people are on at diffrent times.
They also have a list that has been circulated called the list of “Lawyers who get it”. This is a list of lawyers in different states who are known to mount good foreclosure defenses.
Good luck with your attempt at modification. Most of the time we find this is not productive and they lie to you, but some people do manage to get a perminant modification.
For anyone who is reading this post and I encourage you to share it anywhere else that you post:
It is critical that you keep an accurate record of your contacts with anyone affiliated with your mortgage mess. Not on scraps of paper or the backs of envelopes but in an organized fashion.
I would suggest you download a FREE copy of the “Buying TIME workbook” which is available at: http://www.HomeOwnershipMatters.com. Staple it together so you have an official notebook for your battle.
Never speak to anyone without getting their name and title and phone number once you have determined that they are the correct party you should be speaking to and BEFORE you get into the meat of your conversation.
For helpful answers to questions and lots of glossary terms you might also log onto:www.HomeOwnershipMatters.blogspot.com.
Read up and research on HOPE, it is a joke.
their organization is not to be its name, and working at all.
Citi, sends all its mortgages to HOPE, and when you call them they never call you back.
Next you will be told you do not qualify with citi mortgage under the modification program after you have made the 3 payments on time.
Best bet for you is to hire an attorney to help you out, look hard and find a honest attorney with passion and work out a payment plan with the attorney.
Ask for the mortgage to stop harrasing you in writing, and I am sure they will keep coming, and will not stop …as they will not.
1 assignment is back dated to before lis pen was filed
2 does not have the notary name printed
3 notary seal is not even readable
4 the last part of the notary name 8 letters does not match the notarys signature last name of only 4 letters
5 assigned from the mortgageservicer 5th/3rd to citibank trustee when the note holder is BSAAT bear stears alternate asset trust
the house was mortgaged under 5th3rd
then to wells fargo
then to bear stears , jp morgan bought bears stearn during the fire sale
I have a hearing on Dec 15th lawyer filed motion to compel and dismiss
The fruad assignment was filed back in august before the whole thing was exposed
I am not sure what my lawyer will say or do or if he is up to date with what has been going on with the fruad assignments and robo signers.
And the AOM does not have a corporate seal.
Check if person signing the document was ever an officer of FifthThird – Sec of state records.
Check if FifthThird is registered to do business in your state on date of execution of AOM
Name of security pool on AOM looks on wrong – is the name correct ? Check SEC website.
Pool from 2007 would be closed in 2007 or 2008 and unable to take in new mortgages
Is name on AOM same as name in the pleadings on your case, not the style of the case but in the body of the complaint.
May be worth checking out he orignal AOM in the county records, not the copy on their computers but ask to see the orignal document.
Does look like notarization is improper for a document recorded in FL. The statue is on line. Lack of printing name in addition to stamp. Unreadable stamp, etc.
It does not matter when the Lis Pendens was filed, what matters is when the action commenced. In your case the AOM is after the fact, by several months. It does not establish that Plaintiff had a right to enforce the note or mortgage on the date they commenced the action. Standing cannot be gained after the fact.
The LOST note count in the complaint, along with the affidavit of lost note and mortgage also goes in your favor. Goes to show they did not have standing when bringing the complaint.
RE: Seeing your lawyer. Did he file the Answer in your case or was that you? It appears you filed an answer and your lawyer did not appear for you until several months later. Did he file an amended answer ?
I don’t see much action by your attorney in the file. What is the strategy, does he have one?
Are their affirmative defenses in addition with the answer you filed? Is one defense that the bank lacks standing?
The motion for SJ appears to be have been filed very early, before the supporting evidence and affidavits. Does the SJ motion comply with rule 1.510(c) regarding identifying the evidence on which it depends?
If you see me on the Foreclosure Hamlet under the same name we can chat more. It does look, from first blush, like you have a good case, or more particularly they have a rotten case. With no note, no mortgage and no AOM that pre-dates filing of the complaint a competent lawyer should be able to shut down any attempt at summary judgement AND/OR get the case dismissed outright, if that is your strategy.
James M
November 22, 2010 at 8:48 AM
And person signing the AOM is not an officer of the corp according to FL sec of State website,
And bank did not file a non-resident cost bond, not an issue unless you make it so by filing a notice to of intent to dismiss if not cured in 20 days.
You appear to have all the right elements to win this – or prolong it by preventing a Summary Judgment.
charles keetley
November 22, 2010 at 11:27 AM
i checked the fifth third website it shows ” brad griffith ” as a officer for them.
IDK how to check to see if fifth third is LIC to do bis in florida .
i checked the SEC website bsaat 2007-1 does exist ( or did exist )
name on AOM in the body is the same as pleading in the case
the lis pen came with a affidavit of lost note
I filed a response something like this
citibank does not own of have possesion of the note or own the mortgage
citibank could be comminting fruad by foreclosing on a note they do not own.
the owner of the note is not citibank but another mortage holder as verified by 5th 3rd bank the mortage servicer
then about 8-9 months went by didnt hear anything. Then the bank want to go on . I got a lawyer he made a motion to discovery back in july i think it was , Then this AOM showed up in late august
then now this hearing on dec 15th
charles keetley
November 22, 2010 at 11:40 AM
james mays
i will mention the non residental bond to my lawyer ,
how do i use the fl sec website?
charles keetley
November 22, 2010 at 11:44 AM
strange thing happened I called my lawyer to discuss the dec 15th hearing got his assistant
my lawyers assistant told me they just got a email this morning saying they had to reschedual
the hearing till january
any chance? daniel c consuegra law group checks these websites and saw i i have a soild case agianst them and wants to put off the hearing a month
James M
November 22, 2010 at 11:45 AM
Suggest you talk to your lawyer about filing an amended ‘Answer and Affirmative Defenses’ attached to a motion for leave to amend.
You MUST have your lawyer file a reply to the motion for summary judgement along with any evidence or affidavits you wish to use in defense. There are deadlines for filing this stuff.
I have not seen the motion scheduled for hearing but think it is probably a motion for summary judgement but suggest you study FL. R. Civ.P 1.510 especially sections (c) and (e)
Do the non-resident cost bond notice.
Work out any further discovery issues and file any motions needed to compel discovery.
If you sit and do nothing, with an insufficient answer and no affirmative defenses you will be steamrollered. If lawyer not on the ball seek out a second opinion.
charles keetley
November 22, 2010 at 12:11 PM
jamesm the document reads
all parties on the attached master civil service list
YOU WILL TAKE NOTICE that on dec 15th at 9am ,or soon after as counsel may be heard , the plantiff will call up for hearings defendant’s motion to compel and motion to dismiss before the , presdiding court judge
so far my list to take to my lawyer is
1 no corporate seal on AOM
2 no print of notary name , unreadable stamp
3 AOM is after the fact
4 bank did not file non resident bond
5 filing an amended ‘Answer and Affirmative Defenses’ attached to a motion for leave to amend.
6 reply to the motion for summary judgement along with any evidence or affidavits you wish to use in defense.
7 Work out any further discovery issues and file any motions needed to compel discovery
is this a good chck list to take to him?
thank you for all your help
James M
November 22, 2010 at 12:19 PM
Paranoia runs deep…. But I don’t think your posts triggered the email. I suspect their review shows they have a week case. A) Did they file a notice of canceling the hearing? B) Who are their lawyers? C) Did you review the motion for SJ.
Upon its appointment as Conservator on September 6, 2008, the Federal Housing Finance Agency (FHFA) immediately succeeded to all rights, titles, powers and privileges of Freddie Mac, and of any stockholder, officer or director of Freddie Mac with respect to Freddie Mac and its assets. In connection with its appointment of the new directors, FHFA, as Conservator, has delegated certain roles and responsibilities to the reconstituted Board,
Conservatorship is a legal concept in the United States of America, where an entity or organization is subjected to the legal control of an external entity or organization, known as a conservator. Conservatorship is established either by court order (with regards to individuals) or via a statutory or regulatory authority (with regards to organizations). When referring to government control of private corporations such as Freddie Mac or Fannie Mae, conservatorship implies a more temporary control than does nationalisation. In other legal terms, a conservatorship may refer to the legal responsibilities over a person. Nevertheless, Freddie Mac is a Government control.
The Federal Housing Finance Agency (FHFA) has been given its authority and responsibility by the lawful citizens of the United States. The effect of Federal Control of Fannie Mae and Freddie Mac through FHFA conservatorship is that FHFA will “support the soundness of the obligations and guarantees on securities issued by Fannie Mae and Freddie Mac to obtain funds.” That means essentially that Fannie Mae and Freddie Mac guarantees of principal and interest payments on mortgage backed securities have become obligations of the federal government, ultimately obligations of the American Taxpayer. This is fact not subject to any reasonable dispute.
Freddie Mac a creation of an act of Congress exists under the authority of the People, bound by the rule of law. It is well settled that Congress cannot give powers to an entity greater than those it holds itself. The US Constitution is the governing law of the peoples Congress, as such Freddie Mac has no greater power than bestowed upon it by the Constitution. Plaintiffs are entitled, better still, guaranteed the right of due process as in see, 14 amendment US Constitution Sec 1 “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Sean Patrick
Trustee The Family Solomon Trust
Solomon vs Eloan
Ca Eastern District
Ca BK Sacramento District
By Alan Zibel
ASSOCIATED PRESS
WASHINGTON – Officials in 50 states and the District of Columbia have launched a joint investigation into allegations that mortgage companies mishandled documents and broke laws in foreclosing on hundreds of thousands of homeowners.
The states’ attorneys general and bank regulators will examine whether mortgage company employees made false statements or prepared documents improperly.
Alabama initially did not sign on to the investigation. It reversed course after the joint statement was released.
Attorneys general have taken the lead in responding to a nationwide scandal that has called into question the accuracy and legitimacy of documents that lenders relied on to evict people from the homes. Employees of four large lenders have acknowledged in depositions that they signed off on foreclosure documents without reading them.
The allegations raise the possibility that foreclosure proceedings nationwide could be subject to legal challenge. Some foreclosures could be overturned. More than 2.5 million homes have been lost to foreclosure since the recession started in December 2007, according to RealtyTrac Inc.
The state officials said they intend to use their investigation to fix the problems that surfaced in the mortgage industry.
“This is not simply about a glitch in paperwork,” said Iowa Attorney General Tom Miller, who is leading the probe. “It’s also about some companies violating the law and many people losing their homes.”
Ally Financial Inc.’s GMAC Mortgage Unit (which has major operations in Fort Washington, Montgomery County), Bank of America and JPMorgan Chase & Co. already have halted some questionable foreclosures. Other banks, including Citigroup Inc. and Wells Fargo & Co. have not stopped processing foreclosures, saying they did nothing wrong.
“We look forward to cooperating with the attorneys general,” Tom Kelly, a spokesman for New York-based JPMorgan Chase, said today.
Also, today, JPMorgan Chase said it was expanding its review of foreclosures to 41 states. The bank is now reviewing about 115,000 foreclosure cases, up from 56,000, said Douglas Braunstein, chief financial officer for JPMorgan Chase & Co.
In a joint statement, the state officials said they would review evidence that legal documents were signed by mortgage company employees who “did not have personal knowledge of the facts asserted in the documents.” They also said that many of those documents appear to have been signed without a notary public witnessing that signature – a violation of most state laws.
“We encourage homeowners to contact our office as soon as possible if they believe they have been targeted by inappropriate foreclosures,” Pennsylvania Attorney General Tom Corbett said today. “We are working to determine if any lenders or mortgage servicing companies operating in Pennsylvania have violated our Consumer Protection Laws by failing to follow proper foreclosure procedures.”
His New Jersey counterpart, Attorney General Paula T. Dow, said: “This is not a gray area. Either our legal requirements for filing foreclosures were followed or they weren’t, and we will hold the companies accountable for their systematic violations.”
As part of its probe, the group established an executive committee of top legal officers from 12 states: Arizona, California, Colorado, Connecticut, Florida, Illinois, Iowa, New York, North Carolina, Ohio, Texas and Washington, and banking regulators from Pennsylvania, Maryland and New York.
Some lenders have acknowledged that employees may have completed court affidavits without confirming their accuracy. In December, a GMAC employee said in a deposition in a foreclosure case in West Palm Beach, Fla., that his team of 13 people signed about 10,000 documents a month without verifying them.
Ohio Attorney General Richard Cordray announced last week that he sued Ally in state court, claiming the GMAC unit committed fraud and violated state consumer law by filing false affidavits in foreclosure proceedings.
“What we have seen are not mere technicalities,” said Ohio Attorney General Richard Cordray. “This is about the private property rights of homeowners facing foreclosure and the integrity of our court system, which cannot enter judgments based on fraudulent evidence.”
This article contains information from Bloomberg News. October 13th 2010
If you know the name of the Trust and your loan has been securitized, you can find the Trust at http://www.secinfo.com. More than likely, you will need to play with Trust Name in the Search Box to locate the Group and 8-K. Your loan will be in a Loan Schedule that may or may not be disclosed in the PSA(Pooling and Servicing Agreement). Go to the 8-K of your Trust Name (Group) to find the PSA. If you are lucky, it will have your Loan I.D. Number. If you don’t know your Trust Name, you may need someone like http://www.livinglies.wordpress.com to find the name of your Trust for a fee. I’m a homeowner and hopes this will help you. Hopefully, there will be others who will chip in and give you more info.
Finding your loan is just the beginning. Knowing what to do with it is where the experts come in. I’m not by any means anywhere near an expert, but looking at this website will give you an idea of what they are looking for that helps homeowners. http://thepatriotswar.com/wp-content/uploads/Executed-Affidavit-and-Exhibits.pdf .
I have been searching for a few weeks now, and I find the SEC search filings, the most complex thing I have had to do in stopping my foreclosure. I know that Fannie Mae owns the loan and I have the loan # from Fannie Mae and still cannot find what I am looking for. We got the loan in August of 2008. Yikes…
WE NEED TO ORGANIZE TOWN HALL MEETINGS!!!! PICKET SIGNS, FLYERS NAD ANGRY HOMEOWNERS UNITE IN A PUBLIC PLACE!!!!
We are all under attack from the Wall Street Banksters and there may be force in numbers…as the Tea Party has proven in the past 2 years…however, what they started is what needs to be done with our efforts….
My story is like many others…
* Attempting to obtain a load modification for many months of back and forth, faxing same papers over & over and after receiving a forbearance agreement for a 3 month trial, my home was foreclosed on without any Notice and while I was paying. This was August of 2009….
* I filed Bankruptcy in December of 2009 and was denied a “stay” in BK Court and was advised by that Judge to head to Superior Court with my claims of fraud etc.
* I did just that, I had my BK Attorney help me with putting my Complaint together. All the while, the Banks hired an Attorney to evict me in another Court. That Unlawful Detainer Judge suggested I consolidate the eviction case and my Complaint in Superior Court and that Superior Court Judge granted the “consolidation” and gave me a temporary injunction so no eviction can occur until after this case is settled.
* My case has demanded that I dig for information on who actually owns my loan, which has brought me to the realization of MERS and the fraud the Wall Street Banksters have committed in plain sight of the US Government and our elected officials…it has been an eye opening exercise to say the least.
I am suing Wells Fargo Home Mortgage, US Bank, MERS and their foreclosure mill operation, Cal Western Reconveyance. 4 Defendants and 3 of them are being defended by one law firm…Wells Fargo, MERS and US Bank…all with one lawyer, continuing to prove their connections in transferring and assigning loans back and forth between eachother…I have all the documentation to prove fraud, intentional and deceitful mis representation, breach of contract, violation of civil codes etc…12 causes of actions in all. I have been ordered by this Judge to pay the amount I was in the rears, $8,500, and continue to pay my mortgage payments to the Unlawful Detainer Attorney, which I have been doing for the past 8 months. I am now heading back to Court December 6th to ask the Judge to stop my Order to continue to pay on a mortgage that has already been foreclosed and written off by Wells Fargo last year!! I am also submitting a MOTION TO COMPEL demanding that the Judge order the Defendants to show any documents showing that they had the authority to foreclose and to continue to receive my hard earned money on a loan already foreclosed and written off…should prove who’s who in this zoo!
My story is like many others, however, so many are yelling for a class action lawsuit because so many homeowners can’t imagine suing their lenders…without an Attorney…well, I have talked to many lawyers and most of them really don’t “get it”…they want thousands of dollars from you and in one moment, of any conversation about this or that, will expose that they just don’t understand or believe what the banks are really doing! So, I muddle through this on my own with much help from the websites we all support…I have submitted motions and pleadings with my allegations and proof in the form of documents found, and not found, in the County Recorders Office here in the desert.
* It is my understanding that the only class action lawsuits filed against MERS right now are from States Attorney’s General’s on behalf of the Counties in those States and not for the individual homeowners….All the States have been effected because of the failure by MERS to file loan docs and assignments through the Recorders resulting in billions of dollars in lost revenue for those filing fees. I have been told that all the homeowners stories are different because of one issue or another, however, all the Counties in every State are under the exact same issue of not receiving funds for filing fees.
It is also my understanding that http://www.4closurefraud.org is discussing joining together, across State lines, in order to have our voices heard because the mainstream media is owned and controlled by the Wall Street Banksters so they will NOT keep the reporting up daily as they did the miners in Chili or currently doing with the Wedding plans of Prince Edward. I am all about joining forces, however, someone with better knowledge than me, needs to develop a system online for everyone to get on board. Some system that will coordinate each State to set up a full scale campaign to meet for a town hall gathering, with picket signs and speakers that are involved with this nightmare…If these plans can be made online, with everyone contributing their ideas about who can print picket signs and staple to sticks, print flyers to distribute to media and other homeowners, and to garner a PR person to send out Press Releases in order to get the media there…then we are on the road….
* A Town Hall meeting should be done somewhere where it is not snowing and freezing…if a Town Hall could be done in the sun, where homeowners in the cold of winter can appreciate the picketing going on in a sunny California environment and the news crews can set up in the warmth of a sunny day, I believe we will get more attention…needless to say, Palm Springs is a perfect setting and I believe there is a grass roots group here from MoveOn.org.
Well, that’s my story and my idea of getting Town Hall meetings together with homeowners under attack. This must be exposed in a more visual manner…the internet has brought us together, now we need to get into the streets…preferably on a sunny street! I have pretty good connections with the Mayor Of Palm Springs who just lost to Mary Bono Mack, who may be the perfect person to hit up for this new direction….
Let me know your thoughts and what your strengths are to further this discussion on coordinating Town Hall Meetings to turn this mess around!!
Awaiting your response,
Elyse
Rancho Mirage, Calif.
(760) 770-6611 elyse@gte.net
California’s broke, borrowing billions, state and municipal offices probably going to shrink. Not sure about this, but getting some judge to put a moratorium on everything, leave people in their homes might help for a while, and then meantime hop on board of some class action lawsuit to get your problem blocked from further action? Just a thought.
And use this site to get your docs, watch carefully for signs that your house is about to be sold, have those quashed by a judge as another poster here did. Good luck.
Background:
MetLife/First Horizon: 11 months of begging for loan mod, approved, acceptance made, signed notarized and returned to MetLife but the docs were never filed and the *&^$$% I was dealing with was demoted and retaliated against me (they don’t need two VPs for the Robbery Dept post merger), perjury, robo – signing, no knowledge…, predatory lending practices, retaliation, threats of violence, false police reports, ultimately a fraudulent foreclosure in Idaho and a god awful mess. Thanks Snoopy… now time for Camp of the same name. This by firms based in New York and Texas and my home state of Idaho. I think that one’s called collusion. Anyone want to join forces? I’m in. If you were abused by a Moody’s rated firm, like I was, call them and ask to be heard by someone in their legal department. They have an obligation to hear of allegations of Fraud. Think of them as big brothers, big brother. – trevor.hitchin@gmail.com
To MetLife’s CEO, Mr. Robert Hendrickson (a.ka. Chief Thief)
November 23, 2010
Dear Bob,
Why is it that every night I see white collar crime as the lead story on every major online news service? Then I turn on the television and on CNN, MSNBC and CSPAN it is the same – mortgage fraud and white collar criminals being investigated by State and Federal authorities.
As I have said ALL ALONG, I am open to a fair and reasonable out-of-court settlement, sealed if it must be. I learned today that your firm, First Horizon has hired outside counsel to review my claim for damages. Can you please provide me with that firm’s contact information? Your prior attorney, Ms. Laura Burri, informed me she and her firm, Ringert Law Chartered of Boise, Idaho is no longer representing you in this matter. I believe she is also under investigation – as it should be in my opinion, assuming this is the case.
As I have been offering for the past year now, please call me if you want to offer any restitution for my damages, up to and including a violation of my Civil Rights. I know we can settle this fairly and noticed yesterday the For Sale Sign placed by Becky Sherr of Realty Royale is no longer on the property at 1315 West Fort Street. I hope you didn’t sell my house, the one you stole and then lied about. I hope you actually asked to have the signed taken down. . . but with you people, one never can tell. I wanted my house back as partial restitution. That house, that particular house.
This is now the 3rd Thanksgiving your Company has made difficult for me in Boise. It took a year to beg Tony Francis for a loan modification (with poor sleep nightly), a year to be abused and thieved of the house (and harassed by your thugs, lawyer and sleazy agent/broker), and then a year to seek Justice. Happy Thanksgiving Bob.
So it’s 17 degrees tonight in Boise, not much food in the fridge and ruined credit thanks to your company lowering my PRIMARY residence 30 year note from 7.5% to 7.25% and increasing my payment on the loan modification offer made to me in writing by your Firm.
Incidentally, you’ll make sure Mr. Francis, Ms. Black, Ms. Sherr, Mr. Fischer and Ms. Burri all get their Holiday bonuses, now won’t you? You should have enough there from the profits of your fraudulent foreclosure actions (robbery) and the tax payer bailouts of your Company.
Trusting we can reach a peaceful and fair resolution to this matter. Nobody wins in Court, Bob, especially not MetLife these days, the way you do it. Even when you think you have won, you have lost. Just ask Ms. Burri. What comes around….
I will take your call if you wish to resolve this.
I would like to thank everyone on this site. After reading information on here, I set out to find fraud in my loan documents to stop foreclosure. I have been successful in stopping 3 foreclosure sale dates on my own, without legal council. I searched the public records for my loan info and then found the Notary’s official signature, recorded in the state she was commissioned and guess what? They are not even close to matching. Now I have a technicality to stop foreclosure again. I have spent hours reading and learning. At first I was devastated and figured there was nothing I could do. Then I found this sight, read that other people were in the same boat and used the information to gain knowledge and confidence to fight. I am not a deadbeat homeowner, I have been paying and I am still in foreclosure and I will keep fighting!
Sincerely, Tortelli
Tortelli,
God bless you, and that is GREAT news that you’ve been able to win in court, by yourself, just from reading and researching the facts. Keep up the good fight, and maybe the tide will soon turn in our favor even at the government level.
We all have to look our for one another, because we are all fellow Americans and fellow struggling human beings.
OKAY FOLKS IN FLORIDA: THE 4th DISTRICT COURT OF APPEAL IN PALM BEACH ruled in an appeal
today by the Ticktin lawfirm styled Freemon v. Deutsch Bank (represented by the Shapiro and Fishman lawfirm) that you can’t setaside a default foreclosure judgment on the basis that the person signing the affidavit of indebtedness didn’t personally verify the amounts before she signed. So…..anyone who lost their house through foreclosure will NOT be able to get it back based on
a robo-signer. You have to at least show that you were NOT in default on your loan to begin with, or that you
really didn’t owe what the affidavit by the robo-signer said you owed. The appeals court said that it is not
fraud for this to occur.
That case still doesn’t address the situations where the “Plaintiff” has no standing to bring the foreclosure suit in the first place because either the mortgage and note wasn’t assigned to them or it was assigned months after the case was filed. Anybody have any good/bad news on that issue in Florida?
Jason A.
November 10, 2010 at 10:30 PM
Just in the last few days, the same 4th Circuit, in Servedio v. US Bank, ruled that the “absence of the original note created a genuine issue of material fact.”
Florida’s 4th Circuit effectively said that to have standing, the Plaintiff must possess the original note.
I’m not an attorney, but that’s how I’m reading the brief.
-Jason
alec ross
November 10, 2010 at 10:31 PM
Lack of standing at the time suit is filed is still an okay defense IF raised in an answer to
the complaint. But this mistake by the plaintiff is easily cured by the plaintiff either getting the assignment and filing a new lawsuit, or the lawyers simply filing a new foreclosure suit under
the name of the “current” mortgage owner.
The appeal case mentioned above means that lawyers will be unsuccessful setting aside the
foreclosure judgments that have already been entered, based solely on the claim of a
defectively signed affidavit of indebtedness that otherwise is essentially correct on the amounts owed by the homeowner. A defectively signed affidavit is not considered a “fraud” sufficient to setaside a foreclosure judgment..
Eugene Villarreal
November 11, 2010 at 9:17 AM
If the courts are going to allow Perjury, They are not going to let Standing get in the way to a foreclosure.
Alex, then what would be “fraud” sufficient to set aside a foreclosure judement in today’s scenario?
alec ross
November 11, 2010 at 9:11 AM
This appeal case occurred in the situation where the homeowner had never originally contested
the lawsuit, and hired a lawyer only after a foreclosure judgment had been entered against her.
According to the appeals court decision, the homeowner would have to allege and file his own
affidavit denying she had not been in default on the mortgage payments, or explain his “other”
number for the lower principal or interest amounts he believed he really owed on the mortgage.
In other words, you need to show a material financial injury to you caused by the improperly signed affidavit.
So, Perjury is okay in the courts? Notaries are no longer required. Are the judges who rules on Affidavits of Indebtness(Freeman v. Deutsch Bank) the same ones who rules on Standing(Servedio v. U S Bank) ?
If the courts allow Perjury in the courts, will they (as the courts have allowed) also say that Fraud Upon The Court is next ?
alec ross
November 11, 2010 at 9:17 AM
The issue is not whether perjury is okay (which it isn’t); but whether the defectively signed
affidavit contained numbers or facts about the status of your mortgage payments that were wrong.
Actually, the bank doesn’t actually legally need an affidavit of indebtedness if the homeowner defaults to the original complaint, and all the bank was suing for was the principal amount and interest; and actual court filing fees, since those sums are considered liquidated damages for
which no proof is needed when the homeowner fails to file an answer to the complaint.
The courts made the rules that required that the person signing the Affidavit of Indebtness have Personal Knowledge of the amount due. Perjury is still on the books for this Fraudulent act. Wake up Floridians! The courts are WRONG.
alec ross
November 11, 2010 at 9:24 AM
It would be up the state to prosecute anyone who really committed perjury; but they only do that
when the statement is false AND financial or other material injury occured to someone from the false swearing. However; if the person would have still lost the house if the affidavit had been
properly sworn to, then it is an immaterial event, and the courts won’t act on it; at least not
after the fact when a foreclosure judgment has already been entered against the homeowner
because she never challenged the affidavit prior to the final judgment being entered against her.
In other words, why fight and waste court time over the form of something if the results would have been the same anyway if it had been properly prepared.
If a Defectively Signed Affidavit was brought to the attention of Appellate Judges ( that’s Appellate Judges) to set aside a foreclosure judgment, whether or not the Defendant answered the complaint, whether the amounts were correct or incorrect, is allowing Fraud Upon the Court. The judges allowing the Fraud are making the court an Accessory to the Fraud.
I find this an unsurprising and not even an unreasonable result. Affidavits are used in support of essentially every summary judgment on every type of suit, including a wide variety of non-foreclosure related matters.
A defendant has some responsibility under the Rules to ANSWER and defend a suit. Where sewer service can be shown and the defendant lacked actual notice of the suit, then this can be a basis for setting aside a judgment.
Similarly, a defendant has some responsibility to oppose the motion for summary judgment by showing that there is CONTESTED evidence.
Discovery exists for the express purpose of deposing potential witnesses and discovering the true facts of the case. This decision does NOT stand for the proposition that perjured robo-signed affidavits are OK. To the contrary, it only serves to show that where the alleged defect is confined to robo-signing, this isn’t going to be sufficient to overturn a judgment already entered. Something MORE is still needed. Something such as an affirmative showing that the facts alleged in the robo-signed document are actually UNTRUE.
Setting aside judgments based solely on the allegation that the affiant didn’t read, examine and carefully verify the facts set forth, WITHOUT a showing that the facts recited are also UNTRUE, would open essentially EVERY summary judgment to re-litigation. This, the courts are unwilling to do.
The EASE with which it has been demonstrated that admissions of misconduct may be obtained through a well conducted deposition shows that aggressive discovery ought to have been undertaken in the first instance.
*
Those who can show that the plaintiff relied upon not only robo-signed affidavits, but also palpably FALSE affidavits, forged assignments and/or other fabricated evidence may still prevail. But the robo-signing alone isn’t going to be enough.
Ticktin should have KNOWN BETTER. Even bringing such an appeal on such narrow issues is a disservice to those defending in foreclosures where more significant mischief can be shown.
J A
November 13, 2010 at 1:56 PM
William,
Your post gives me hope, because I am possibly one of the few Florida foreclosure cases that fits all the criteria you mentioned. I represented myself in court and held off the Florida Defaul Law Group for 11 months. I was able to prove in all my objections (which were all filed within the required timeframe) that there was fraud IN MY LOAN DOCS. I had signed that inch-thick stack of documents agreeing to a set of loan terms I could live with and afford, and then immediately my loan left the hands of Litton Loan Processing and ended up with Wilmington Finance, a subprime arm of AIG at the time.
The loan was a refi so that I could do much needed renovations to my vintage 1946 cottage. The loan terms included cash out because I really DID have equity in my home since I’d bought it from my landlord for such a good price.
From the get-go the amount of cash out I received was less than HALF what I signed for in my loan docs; they had also included exhorbitant processing fees that had not been listed on what I signed; beyond all this, they could not produce the note, and when they did, it was from MERS. One of the affidavits in my file was signed by the infamous Erin Collins Cullaro.
But as you state, I WAS involved from the beginning of the process–I DID answer the complaint with timely objections — I DID prove fraud in the original loan docs — I even quote Florida statutes to remind the judge that according to the wording therein, he had the right, the power, and the responsibility to vacate the judgment in the event of fraud on the plaintiff’s part — I DID show up for all my hearings — I provided copies of every aspect of my loan docs to prove the fraud that I was claiming.
THEREFORE, you have now given me great hope that if I retain a good attorney, I should be able to file an appeal and win.
Are you an attorney here in Florida? If not, please let me know if you know one. If anyone reading this post is an attorney who would like to represent me, please contact me at lady.linguista@gmail.com. I will make your work easy — I have copies of every single paper the plaintiffs filed and every single paper I filed. I have copies of all my loan docs. I’m an editor by profession, and so I am very detail oriented.
Thank you to whoever reads this and can point me in the right direction.
Crucial that you submit a comprehensive, well thought out qualified written request to demand documentation of the amount which is accurately owed, (I would suggest you ask for this information as of a certain date).
Federal law under RESPA gives you a powerful tool to demand an answer from your servicer but you have to use it.
For FREE information and sample letters
simply google “qualified written request” or “qwr”
search:www.homeownershipmatters.blogspot.com and search posts for both of those
FREE is helpful to get informed but weak on HOW to do it right/effectively
For inexpensive (29.00) step by step comprehensive instructions on EXACTLY how to complete one and what to include in YOURS and how to mail it so you don’t get thrown in the trash can, google http://www.DovePublishingHouse.com and purchase “Avoiding Foreclosure Using a Qualified Written Request”
You can do it yourself, you just need the instructions accurately. 55 page pdf instructions will be emailed to you in less than 24 hours in most cases.
EVERY defaulted borrower needs to send a qualified written request as your first step in defense.
Has anyone rechecked these people who have admitted to robo-signing, to see whether they are still employed and signing documents today? Robert Bly for example?
Based on the 4th district court of appeal decision today in palm beach, florida, a lot of foreclsoures will not be able to really be contested on the basis of a “robo-signer” having signed the affidavit of amount due;
particularly those who had never answered the foreclosure complaint and were defaulted.
re:Crystal Moore deposition I notice this question was NOT asked, Did any notary at your company ever ask you for proof of your right to sign for a specific company/lender/servicer?
Did you ever show your authorization to sign for a specific company to the notary notarizing your signature as part of the notarization?
Did you ever sign a notary log journal for a notary’s record keeping?
In Fl journals are not required I think, but See Florida Statute Ch 117 go to duties of a notary (4) F and (5) if they aren’t using a journal in Florida they must show how they checked credeniatials for power to sign and write that in their certificate as part of their notarization. Read the statute, and think this one through. It could help a lot of people.
Also do any of these affidavits, of so many shapes and sizes, require someone be sworn in first, and was that done, an oath administered, and noted?
Who has submitted a subpoena to get the correct actual signature that a given notary must use, as established by their individual documents with their state?
Am I correct to assume this is a Country-wide Loan that was purchased by Bank of America? I do know for certain it is not a Fannie or FHA loan. Ive always been told its a Ginnie Mae since I am in neither database. Now I understand what that means (securitized). There is no record of any assignment whatsoever even though my original lender went out of business in 2007. …Well, I dug up all the paperwork on my “mortgage” that I could possibly find that I signed for back in 2006. You know those legal ssized pieces of paper that you sign at closing? Thankfully, I have every single page. In the bottom left corner of the the LVP (Loan Voucher Paperwork) it states, “when completed return it to CountryWide”. It also has two adresses–one in Florida and California.
I am so disappointed about Mike Dewine being elected here in Ohio. We lost a huge voice here in Ohio now that Richard Corday will no longer be Attorney General. From Mr. Dewine’s statements, my gut is telling me we can say bye bye to the Ohio Lawsuit. Does anyone know how to contact Mr. Dewine? Would others here join me in contacting him and putting pressure on him to do the right thing? He needs to know that yes, ordinary people do care about this issue!
I ask for your help in reaching the masses!!!. We currently have our attorney’s rolling up their sleeves, getting their boxes or pens and note tablets ready, as we have notified them to proceed with the Class Action against Chase Home Finance.
We need not only your help but the help of everyone that is either a homeowner, or knows a homeowner in Wisconsin that is having problems with Chase Home Finance and the HAMP trial modification.
This is so they can tell their story as well as include current contact information so our attorneys can contact them with regard to the class action.
Most of you know me by Neyko, and I have been fighting these banksters for almost 3 yrs. Now we have them, with their pants down, and we’re looking for a nice flexible switch.
Time is of the essence, and for some WI homeowners, that may mean only days!!!!
Thank you Micheal & Attorney Ashbury as well as all the warrior lawyers, and homeowners for helping to recognize the bank’s wrongful ways. and grossly poor conduct.
TOGETHER, WE THE MASSES WILL BRING DOWN THESE GIANTS!!!!!!
Please join this Linkedin group. You can find it under groups. Just type in Foreclosure Fraud. Then join.
I think this will help make this fraud against us as homeowners and us as citizens who are being denied due process become much more viral across the internet.
This group is for people who have been foreclosed on, are currently being foreclosed on and all others who are tired of the foreclosure fraud that is taking over our judicial system.
These actions and participants in these actions include MERS, loan servicers, banks, Fannie Mae, Freddie Mac, robo signers, illegal and late assignment of mortgages, foreclosure mill law offices and foreclosure judges that allow plaintffs (who really have no standing as plaintiffs as they are not the holder of the note and mortgage)
to take our homes as well as our rights to due process under the law etc., etc.. County court clerks and recorders of deeds should join this group as your counties are being cheated out of millions of dollars in recording fees that could save your counties from essential worker layoffs.
If any of your LinkedIn members live in Wisconsin and are having problems with Chase Home Finance and the HAMP trial modification please direct them to us.
I sn’t the court clerk responsible for making sure there is a notarization on a “sworn” document before accepting it into the file?
When are judges going to start “dismissing with prejudice,” whenever there is obvious fraud or perjury upon the court? Maybe its time to put some of the spotlight on the judges, and how many cases a day some of these rocket docket judges did in a day. They too have a responsibilty to know their cases so as to make informed decisions. If none or next to none of the paperwork is attached to an affidavit where an MBS is named, a judge should be able to tell the affidavit is potentially fraud on the court just by the lack of a stack of papers, cause I’ve read the average MBS ownership entails the mortgage/deed of trust having been transferred at least four times. Every transfer must have its own documentation to show the links of the chain of title, I do believe.
And someone pointed out unelected judges have no right per the FL Constitution to be sitting for these foreclosure cases. Anyone know more about that? Or doing anything about that?
How about a team of volunteers doing amicus briefs pointing out some of the obvious defects in files and all calling on one targeted judge to look at the entire set of his files himself, to cause the judge to be responsible as much as the attorney that plead it. Or just a team of volunteers watching a judge’s case load, and keep records of what foreclosures he’s hearing and do the same with them, after he has ruled. Offer the list of defects found to him. And be polite in pointing out that better given to him than to the press.
Would an attorney put up a simple fill-in the blank form for filing such a submission? Each county may be different in some regards. A simple beginner’s checklist, and obviously not a complete one, could be of great benefit. I don’t know Florida but in my state, unless its sealed I can go and ask to look at the file of any case before the court.. If one judge had several volunteers go through say 5 files each for a simple list of possible defects. And called them all to his attention, then that judge would become very aware of what may have been glossed over before that point.
And if you have a list of robo-signers and you’re sure of your information, please send them to states’ attorneys general, especially Att Gen Cordray in Ohio. He called for every case with a certain robo-signer’s name in the file from 133 judges in his state! . With that precedent maybe we can get this kind of call in multiple states for every known-to-be robo-signor, and every lender/servicer/MBStrustee known to be using robo-signers.
Also who is comparing the signatures of notaries on their licensing document with the one they are using now? For example: FL statute requires using the same name in their signature as they were commissioned under, not some initials. I do believe , by itself it is grounds to nullify the document that would need a valid notarization. Every judge should know to never accept a notary signature that is just an initial. How does one correctly subpoena a true copy of that licensing signature in the FL secretary of state’s records? Do a little research. ( For your state, go to the secretary of states’s website and search their menu.)
Know your notary statute. for example: google ” FL Statute notary public law and read at least 4 or 5 entries. Reading one will often suggest the next sub-topic. and keep notes or print outs of what you found AND where you found it in a statute, by number, and so you can find it again.
In my mind every attorney filing in defense of a foreclosure upon their client , who spots a fraud or robo-signer, could claim the doctrine of clean hands, and demand dismissal with prejudice for lack of clean hands, or however that is technically done correctly. Maybe lack of standing for the entire Plaintiff-entity to come before the court in the state from now on?
Remember, I do believe, that the principle is responsible for the acts of its agents and employees acting in the normal course of their assigned duties. If enough attorneys start screaming about unclean hands it could make a huge difference for a huge number of people.
( I am not an attorney, seek legal advise. Just educate yourself and prepare so you can use your attorneys time wisely.)
My home is in Missouri. I feel like the Missouri legal system just doesn’t care. Lawyers I’ve called so far aren’t interested in helping fight B of A from claiming ownership of my home even when they haven’t proven they have my note and are not on the title. I was current when my house was up for sale, was working on a short sale having followed the requirement of B of A that I would have to have missed payments for them to work with me and the potential buyer. B of A transferred my account to their HUD department which had no clue of the short sale. Let’s just say, B of A knowingly screwed up the sale and now I’m screwed. I’m pissed!!!! These entities can commit fraud, manipulate and steal yet I and other homeowners are punished for their actions. It’s even more frustrating we who have homes in Non-Judicial States can’t get help from our own legal systems.
i am looking for a top notch lawyer in Missouri myself. I have a very unusual foreclosure case myself.
if any one has any suggestions please let me know.
I contacted http://www.mobar.org/ Missouri Bar on line, told them my situation, which the women said is very complex and said she can refer me to a foreclosure lawyer in the county my home is in for $25, which gives me a 30 minute consultation with the lawyer. Haven’t called yet. Waiting to see where things go at the moment. Have been checking Missouri Case Net online to see if B of A files foreclosure proceedings with the courts. So far, nothing.
I’ve emailed the Attorney General twice. I’m gathering information and printing out documents that might help me in case I need to go to court and / or bring a lawyer up to date on what is going on. Callaway County lawyers and court employees don’t seem to know what is going on. It’s depressing.
To do your best with a short amount of time Prepare for your attorney call. Make a recital list of facts the attorney will need. Timing, too. Cut out the long story, do your best to cut out the emotions for time’s sake.. By forcing yourself to list the facts you can read him a lot in very little time. Give big picture context facts then content facts so they can see/hear/grasp it easily.
Learn where you can learn to represent yourself in the court case if needed. Which is the correct court to file with. Ask how to file and to object correctly if you have to do it yourself. Learn where you can get or access a rules of civil proceedure book that your court uses. If you do it yourself, you will need to know their format for documents. Decide in advance what are your most important questions. And list them with the most important to ask first. Do your best to stop the attorney from rambling, keep him on topic, unless what you’re hearing is valuable.
Paralegals can fill out forms but not give legal advise yet just seeing can help you learn. Get a list of documents they can prepare and the cost. (that list may be of help, or not.)
Go to the right court’s file room and read cases other people had or have. Especially if they did it themselves and were heard. Notice format, spacing, fonts and the like, and how they outline what they say rather than content. Notice the organization within the presentation and how they show respect to the court.. Notice how dry and factual and reasoning it appears.
Google and read Missouri Statutes foreclosure, and missouri statutes public trustee. You will notice references to statutes by number. In this case Title means a major topic of law within the statutes. Look for the title(s) relevant to you. (Rmember this is only the statutes, and case law also governs, so it is not always obvious how the law has been applied over the years.)
Prepare, and pray. Literally pray for divine order and divine truth and divine guidance, knowledge and wisdom, and divine right action, and peace of mind, in everything to do with your situation. And include all involved with your foreclosure, every clerk, legal person, lender personnel and agents etc., and public trustee and all attorneys and their entire staffs. Best done before you do that attorney call. I’ve witnessed prayer produce results literally thousands of times in my life. Call for prayer at a place such as Silent Unity 1 800 669 7729 as it maintains a prayer vigil for 30 days in constant support for you. Recall every 30 days., or do your request online. You can prevail, keep your initiative, your spirits up, and take action. God bless you. Hope this helped.
Elaine
While working with ACORN last year, the counselor stated that it was actually a ‘good thing’ if FannieMae owned our home. I went to to lookup FannieMae and sure enough our home was listed as being owned by them. Now, it’s about a year later Fanniemae has taken back our home per the notice we received July 2010. When I lookup our address now on Fanniemae lookup, there is NO indication that they own it. Should I be concerned? Is this a red flag?
Notary Questions and Answers
Becoming a Florida Notary and acting as a Florida Notary is not difficult. In most cases you witness the signing of a documnet, (sic) apply your seal and you are done.
But if you have questions about becoming a notary, or performing your duties as a Notary, read below as we have attempted to answer the most common questions
What are the residency requirements to be a Florida Notary?
Qualification and Requirements for Florida Notaries
……..
You may only be commissioned in your legal name (or a nickname of your legal name).
Example: John Quinton Public could be commissioned in the names:
John Quinton Public
John Q. Public
J. Quinton Public
J. Q. Public
Johnny Public
You must sign notarial certificates in your commissioned name, and your notary seal must bear that name. No variation from the commissioned name is permitted
Title XLVI
CRIMES Chapter 838
BRIBERY; MIS– USE OF PUBLIC OFFICE View Entire Chapter
838.022
Official misconduct.
The 2010 Florida Statutes Title XLVI
CRIMES
—
(1)
It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to:
(a)
Falsify, or cause another person to falsify, any official record or official document;
(b)
Conceal, cover up, destroy, mutilate, or alter any official record or official document or cause another person to perform such an act; or
(c)
Obstruct, delay, or prevent the communication of information relating to the commission of a felony that directly involves or affects the public agency or public entity served by the public servant.
(2)
For the purposes of this section:
(a)
The term “public servant” does not include a candidate who does not otherwise qualify as a public servant.
(b)
An official record or official document includes only public records.
(3)
Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Chapter 838
BRIBERY; MIS– USE OF PUBLIC OFFICE
Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 117
NOTARIES PUBLIC View Entire Chapter
117.107
Prohibited acts.
—
(1)
A notary public may not use a name or initial in signing certificates other than that by which the notary public is commissioned.
(2)
A notary public may not sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp.
(3)
A notary public may not affix his or her signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment.
…..
(7)
A notary public may not change anything in a written instrument after it has been signed by anyone.
(8)
A notary public may not amend a notarial certificate after the notarization is complete.
(9)
A notary public may not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized. Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this subsection that the notary public acted without intent to defraud. A notary public who violates this subsection with the intent to defraud is guilty of violating s. 117.105.
(10)
A notary public may not notarize a signature on a document if the document is incomplete or blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete.
….
Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 117
NOTARIES PUBLIC View Entire Chapter
117.105
False or fraudulent acknowledgments; penalty.
—
A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
I an Not an attorney, collect your information and get legal counsel where called for!
Can someone being foreclosed upon subpoena the notary log to establish that the notary established the identity of the person signing in their officer of a corporation capacity? Can they get the page in the log the where the signor signed the notary log for the notary? ( I know that is done in CO and a notary log is referenced on the Florida Notary site.) So far there is no mention of all these robo-signors signing notary logs as also a needed part of their jobs, nor producing for the notaries to acknowledge they saw, their proof of right to sign for the corporations they were purported to sign for.
Anyone up to researching this more for everyone? Go to your state’s secretary of state website and look for notary licensing info. And read the training.
BOA has recently filed foreclosure suit on our house through there Law Firm. Prior to that, a lawyer I had used to challenge the CC collector, had DV’d (debt validation) them on the initial communication. They – Boa’s Law firm – sent back the copy of the note (Countrywide) and an assignment.
It’s this assignment that I need your input, guys. It is from MERS to BOA. A few observations:
1. The day of the assignment is after we DV’d them, meaning at the time of their initial intent to sue BOA did not even have the note assigned to them.
2. The signor on the assignment – the Certifying Officer for MERS – has the same name as one of the Managing Atty’s of the Law Firm. Is this a red flag or anyone can be/become a certifying officer for MERS?
3. There’s no document which would show that countrywide assigned anything to MERS, so it’s countrywide on our note + MERS assigning it back to BOA. Are they not missing something?
Lastly, Fannie May’s website shows that they own our mortgage. Does the BOA or their LAW firm have to produce something to this effect?
3) Get someone reputable to look at the mers sight, print the screen and do and affidavit of it showing Fannie May as the lender, before they fix it. Get good sworn affidavit from someone who has no criminal past and who would be a competent and reliable witness at trial if needed.
2) Look at the Mortgage, you may find MERS was nominee for Countrywide on the mortgage. Even if not other AOM’s could magically appear later. The recording laws in your state may play a part in this.
1) Nice date tie in. Sounds like you are building a good case. Document EVERYTHING. Get good competent counsel who specializes in foreclosure, if you can find one who is not swamped. If your home is worth fighting for then call in the cavalry.
artur lem
October 25, 2010 at 12:13 PM
Thanks for your reply, James.
3) Looked up the MERS, indeed it shows:
Servicer: BAC Home Loans Servicing, LP Phone:(800) 669-6607
Simi Valley, CA
Investor: Fannie Mae Phone:(202) 752-7000
Washington, DC
will call the lawyer on this one asap.
2) the state is IL, I just went through the public records, and yes you are correct, the note WAS assigned to MERS on closing date, now i see it on the assignment as well, with a doc number. This was long shot anyway. However this last assignment dated late Aug, 2010, has not been recorded just yet……….
1)Also, the date of transfer on this new assignment and the notary signature are 2 biz days apart, not sure if this has any significance. I’m hoping to get some traction on conflict of interest when an atty acts as an employee for MERS as well as for the plaintiff based on this: http://mattweidnerlaw.com/blog/wp-content/uploads/2010/07/merstwilightzone.pdf courtesy of 4closurefraud.org. Just forwarded it to the lawyer as well.
Oh yea, and kicker……the suit was filed on Aug 15th, supposedly within the moratorium period, one moratorium it was, hah?
I do intend to fight, even if only to get some favorable terms from BAC, for pers. reasons can’t have a forclosure on the record. my neighbour in the build just sold his condo retail for a 45% discount to what i owe (not what i paid) , should suffice with negotiations, I hope.
if you any of the sub prime option payment loans from countrywide, you need to mhave docs checked.
it is probably a preditory loan,and you will definately get some results with the right legal method.
Our home was foreclosed on in June, take back from FannieMae. IndyMac/Onewest is the ‘lender’. We sent back HAMP to Indy as well as ACORN(we were working with them) but they still foreclosed. All I’ve been hearing is IndyMAC/Onewest is one of the worst to have because of the sweetheart deal they’ve recieved from govt. However, a few days ago, we filed a lender complaint lawsuit to FIGHT! I have noticed the infamous Erica Johnson Seck name on our paperwork and plan to pursue fraud down that avenue as well. Can anyone give advice on what else we should be doing??
There is a very detailed account of the questionable MERS system with particular attention to settled case law on this topic. It is posted for download in PDF format.
I urge attorneys and interested civilians to read this brilliant and quite comprehensive paper posted by; Christopher Lewis Peterson, from the University of Utah – S.J. Quinney College of Law,
Titled; Two Faces: Demystifying the Mortgage Electronic Registration System’s Land Title Theory
You can download it here; http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1684729
If you are fighting a foreclosure case, if you are a county clerk seeking restitution for recording fees unpaid to your county, if you are an attorney trying to understand this issue, this is a must read.
These criminal acts will not be settled by state’s Attorneys Generals.
Our federal government has already shown that they are too corrupted to deal with these issues in favor of “We the People”.
The ONLY effective line of defense lay in the local courts.
Don’t go tea party on this, arm yourself with knowledge of existing law. It is on your side!
Good luck all.
Here is one thing I learned from fighting insurance companies, who use the same court tactics. They win about 80 percent of appellate judgments due to “trips for judges.” They send appellate judges on free trips to lavish resorts to “give speeches” to bored company lawyers, then give them an emolument of five to ten grand. Judges love this stuff and it’s not considered bribery since they gave a speech and it’s not about a particular case.
But when it’s you VS an insurer on the appellate level, you know who a lot of them favor. It’s better to settle in a lower court, and best in front of a fair jury, not a board.
According to the stories that I have read, $500 trillion derivatives were sold. If you add up all the GDPs of the countries of the world, they don’t amount to that kind of money. I don’t think that the USA has $500 trillion in real estate to begin with. The mathematics clearly indicate that there has to have been major fraud and multiple sales of the same instruments.
I”m a bit confused with all the discussion about what bank is ultimately holding the original note at a given time ( and I understand why this is a point, or at least think I do) when originators could just pass a spreadsheet of account numbers to REMICS to start the securitization process. If they could do the latter, then ‘proof’ of who is currently holding the original note would seem to be only part of the problem. It would seem you have to go through a QWR and discovery process to not only find the original note, but also every piece of data that has your account numbers in it and the metadata for context.
If you don’t a bank could say they currently hold your note, but that doesn’t say anything about whether it’s part of a MBS.
Comments?
The SEIU (Service Employees Union) has put up a website to help people request their “CHAIN OF TITLE” documents. it has the added advantage of letting you report what your bank does to the SEIU which is going to publicize it. Zerohedge has an article on this topic with the link in it. I think that it is titled something like “Show Me the Note” or something similar.
The ‘who’s holding the note strategy’ seems to be coming up short when a bank can say, we’re holding the original, but that doesn’t address whether it is securitized and in a MBS mortgage pool somewhere. There’s a tax consequence of this as well. They bank says were holding it, the original, but they are not paying federal income taxes on the principal and interest that come in, they are only paying taxes on their tranche for servicing. A secondary investor who bought shares in the MBS or bought the MBS is the one paying federal income taxes on receipt of his % of principal and interest, and from a tax perspective, is the owner. Otherwise, why would they be paying income taxes on an asset that they don’t own?
Comments?
To B StLaurent ; The plaintiff’s (Bank’s)attorney will wave the Note and Mortgage in front of the judge at a Summary Judgment hearing where the judge will be salivating all over his bench thinking that he is off the hook for granting the Summary Judgment to the Plaintiffs. This doesn’t mean that they own the note and mortgage, but the judge thinks so. The banks will do their best to prevent you from ever getting any discovery that will show who really owns the note and mortgage. You have to do the digging.
Somewhere, I read that in order for REMICS (Tax advantages) to work, they must transfer the note and mortgage if they were securizited. If you are in foreclosure, just ask the Loss Mitigation Departments who owns the mortgage and they are required tol tell you. They may tell you that it is own by Investors such as Freddie Mac or Fannie Mae. Or, You could go to the MERS, Freddie Mac, Fannie Mae websites and there you could find who owns your Note and/or Mortgage. You would really need a good lawyer to help you dig for all the information. Good Luck !
We are having huge trouble dealing with Wells Fargo, Freddie Mac and their attorney. My husband was unemployed for six months, missed THREE payments to WF, they sent back the fourth and started foreclosure proceedings even though he had just gotten a new job and we are able to afford our home. All we wanted was to repay the missed three payments and get back on track, but they slapped us into foreclosure.
The housing rep was NO help, we could never get an answer from WF or their attorneys. They immediately set a sale date in May, then postponed that one, plus June and July. A week before the sale in August, WF called looking for us to WIRE them $4k, no paperwork, explanation, no guarantees, just to consider us for a modification.
They wanted it August 1st, we did not send it, but received a letter with the specifics August 2nd stating the deadline was the first. Three days later the house was sold at a sheriff’s sale. We are in Michigan and have until February to redeem the house.
We called Freddie Mac, filed complaints with the AG, OCC and congressmen, got NOTHING. We were told last week by WF that we would get an offer this week but it took a week to draw up the paperwork. Today we received it. We can pay them the entire amount by cashier’s or certified check. No repayment plan, nothing.
Any ideas for us?? We CAN afford our house, and now they have destroyed our credit and racked up a ton of late and attorney fees.
I do not know what state you are in but you need an attorney, in that state, who is skilled in foreclosure defense. This sounds irregular but I do not know the process for your state.
It would help you to get your documents orgnized into two files:
One with your correspondence with the loan servicing company, and the second one for each and every document filed in the public records and your court file, along with the docket sheet from the clerk of court.
Then organize them by date, scan them in to a computer or take them some place you can get them scanned in. Rename each scanned in document so it has a number, the document title, and date . Rename and number them so they are in date order. i.e.
0010 Complaint 01/01/2010
0020 Lis Pendens 02/01/2010
etc
This means you can give the lawers electronically and they can easily review your case, before telling you what they can do on your behalf and how much it might cost. Scanning the documents in once and burning to several CD’s should be cheaper than making complete duplicates of all your documents, to keep and share with attorneys. If you keep or know teenagers, get them to help with this project.
The more organized you appear to be with your documents the less work for the lawyer or any other person who attempts to help you. This is because they don’t have to spend time shorting out and organizing your washing basket of documents before they can get a handle on the issues in your case.
Attorney pricing for services may be a fee up front and so much a month, or flat rate, or by the hour.
If you can’t afford a lawyer still go see some and if your documents are organized they may start you in the right direction, or tell you what deadlines you have cumming up.
You may not be able to pay today, but if you have a pay check coming in at the end of the week or month you can show them ability to pay, paying them instead of the mortgage.
I suggest, if you have time, interview a few law firms that are foreclosure specialists in your state before selecting one. But again don’t procrastinate if deadlines loom. You can’t expect someone to do a perfect legal job for you if you drop it in their lap at the last minute. They have other clients, all of whom signed up before you did.
Do not delay!! You should have done this, organize your documents and find skillful foreclosure counsel when they first told you they were going to foreclose. It is both simpler and cheaper to prevent something happening than to undo it afterwords.
Good luck.
cat
October 22, 2010 at 7:40 AM
Thanks for the advice! We have retained an attorney. Originally we though that a housing rep could actually help us with all of this.
Where do I get these documents?
…”every document filed in the public records and your court file, along with the docket sheet from the clerk of court.”
cat
October 22, 2010 at 4:16 PM
FYI….we filed a complaint with the OCC and it seemed to get somebody’s attention! Wells Fargo prepared an accounting of the series of events leading to our foreclosure and sent it to us and the OCC. Unfortunately (and not surprisingly) many of the important details were either refuted or they claimed to have never happened. Luckily our housing rep has all the documentation. So we will be filing further information with the OCC. Try them.
Solomon vs Eloan et al eastern district ca
in re solomon, sean 10-37438-E-13L eastern Bankruptcy court ca
Wells and Counsel Pite Duncan aka PROMMIS SOLUTIONS, Cal WEstern Rec. are all criminals I can say the exact has transpired in our cases. Two Different notes have been filed as well as the evidence of Frediie Mac as Real Party interest yet Wells Frago and their Mill Lawyers still claim to own the mortgage. This government is Mafia.
Consider this…Citizens with lawful title record, refi with the pretender bastards and we all know the loan is Toxic crap. ,Bastards sell the crap to Freddie mac . Ginnie and those others. FAST Forward and its bailout time Pretender Bastards get the trillions in taxpayer [ citizen] Tarp funds. The investers loose big time, the lawful citizen owners of title loose property value or the property to the bastards, Freddie mac / ginnie now in conservatorship [ citizen owned] now own the mortgage/ note/ property and the tax revenue for the bastard bailouts….Pretender Bastards foreclose claiming to be real party when the government is actual real party in interest. Citizen files a civil suit for the sham and must join the real party himself [ government freddie mac/ ginnie] for the theft and fraud committed. The judge with his TITLE 5 retirement invested in the sham securities, orders the TITLE 18 Securities Fraud [ Note] as valid proof of claim and the citizen looses his real property, his government, his future tax revenue and his freedom.
WAKE UP PEOPLE This is what we need to be shouting in the streets,. The Government owns or mortgages. We are paying the tax to bailout the banks so they can steal our property, deeded to the government. We are paying for them to steal our homes, 1776=2011 the riots should be in full swing , but we go quietly like the sheep to slaughter
I am current on three mortgages held by Navy Federal Credit Union (NFCU). All three properties are in Florida – one is my primary, the other two are single-family rental units.
After spending days reading all these documents on this site and Foreclsurehamlet.org (’till 2AM most nights), curiosity got the better of me, and I called NFCU today.
I got through to their mortgage servicing arm, and told them I was reasonably concerned about having a clouded title due to this entire foreclosure-gate stuff. I asked them if they still owned the note/mortgage for all three loans. The agent told me immediately,”we have never sold the servicing of a loan, and never will.”
Politely, I let him know that I was not talking about the servicing, but ownership of the note and mortgage. After a few key strokes, he said my oldest loan (1996) was still entirely owned by NFCU. The other two (2000 and 2004) were sold to Fannie Mae. It then asked how I could be sure the original note and mortgage papers (wet ink) were still in existence. He assured me that NFCU still had them. I questioned him – as I did not understand how that would be possible. I asked if that wouldn’t be akin to selling a car to someone but keeping the title. He said I should contact Fannie Mae to find out if they have the original paperwork.
Interesting. In reviewing my copies of the mortgage and note, I have no references to MERS. The notes list the Lender as NFCU – as does the mortgages .
I’m not looking at getting free homes (the idea is nice – especially after hearing about 300+ billion going to the GSE’s today) – but really am concerned about who owns my note/mortgage – and whether it can be proven so as not to have a clouded title.
I, too, am current on my mortgage. I went through a mortgage broker about three and a half years ago to originate my mortgage. Since then, my mortgage has supposedly been sold to three different servicers and is now ‘owned’ by Bank of America.
We’ve never missed a payment, but in light of the foreclosure mess, I feel it is prudent to verify that BoA actually owns my note and that my chain of title is unbroken. I fully intend to sell this house in the next 2-3 years.
I sent BoA a qualified written request by certified mail to produce the information. As of yet, I have not heard back from them, but they are still within the window according to RESPA provisions.
Out of curiosity, I checked my county records to see if my mortgage had been properly assigned and recorded as such. After buying my note from some other company, BoA now receives my mortgage payment like clockwork. I would assume that multiple assignments would have been recorded since BoA is the third company to whom I have written mortgage checks.
The only thing I found in the county records were my deed and deed of trust. No assignments whatsoever.
Am I missing something? Is it safe to assume that my chain of title is already broken?
I’m not trying to get out of paying my mortgage, but I wouldn’t mind sticking it to The Man either. I’ll certainly have to wait for BoA to respond and prove that they actually own my note. However, without proper assignments recorded in my county, I’m not sure how that is possible.
tnp
November 8, 2010 at 2:14 PM
Yes, you are safe to assume your chain of title is broken.
How can I track down the veracity of the information of all transactions of the allonge to note that was attached to the apparent copy of original note in my forclosure if this one is not dated nor notarized…anyone??? it just has signature from one bank to another and so on with no other info…any clue??
QWR is a Qualified Written Response and you can get examples from George Gingo’s Law Firm in Orlando, FL from his website. Modify it of course to your context. Banks have 60 days to respond. If they don’t you file motions to compel in court. Best…….bstl
I need help. I need to see if HSBC is pulling a fast one on me.
I know I have an HSBC mortgage owned by Fannie Mae.
After two years, summary judgement is set with the lovely Meenu Sasser on November 10. Opposing council Florida default law group. (btw another issue– I need advice on a good attorney, or if I should file a request for mediation to stop this)
Three weeks ago, HSBC said (they are so sweet) do a short sale, if not we can take a deed in lieu after 30 days, and it should work out for you. They also insisted verbally my case is on hold, and they are not taking foreclosure action against me — but admit that they cannot control the Florida Default Law Group.
Then I find this today:
Without Fannie Mae’s prior written consent, a servicer must not consider or solicit a borrower for a Fannie Mae HAFA short sale or DIL with respect to a mortgage loan if:
the mortgage loan is secured by a property in Florida on which foreclosure proceedings are pending, judgment has been obtained, or a hearing on summary judgment or trial is scheduled within 60 days.
So, if this merely a waste of time? If I cannot fight a summary, then I am wasting my time with a short sale right?
I will. I am at the point where I feel I cannot trust attorneys for good advice since they do not know what is going on, and the bank is totally untrustworthy I also so not want to lay out any more cash to attorneys or anyone else if things are hopeless for me, and the system seems designed to get whatever cash I have left by scaring me into this and that.
Maybe we should all go to DOCX or LPS and just have fake satisfactions of mortgages printed & filed.
Then when and if we are found out we can be just like the banks and Attorney’s and say it must have been a paperwork error.
Whew! I love it! I have been down to the county register of deeds in my area and I saw the worst abuse I have ever seen in my life. Why cant we fight fire with fire? My mortgage had been sold a few months after I got it, the lender went out of business and three different servicers. Not one assignment ot date. The other assignments in the system for others are a JOKE!
can their be a “directed verdict of foreclosure” when the counterclaims are severed from foreclosure and before the jury enters its verdict on the counterclaims
I have a request. Can somebody locate an FTP site so that we can easily download big documents? I am not crazy about Scribd and have often had trouble downloading documents from there. With an FTP directory, we can easily download large numbers of files with Cute FTP or the other freeware FTP programs out there.
Also, I hate to admit this, but I am having trouble reading the light gray type. Could it be darkened?
To those who might need to upload large documents, try http://www.megaupload.com Up to 100mg, if I remember right. http://www.drop.io is another good one, if you have smaller docs you want to share. Both have free accounts and paid account.
This evening, I just discovered Carolyn Baker’s “Truth To Power” blog/website. Her latest entry is the entire Introduction to a new book, about to be released on October 26th, titled “THE MONSTER: HOW A GANG OF PREDATORY LENDERS AND WALL ST. FLEECED AMERICA–AND SPAWNED A GLOBAL CRISIS,” By Michael W. Hudson.
Here is Carolyn’s website link to the Introduction to this book which will interest everyone on this 4closurefraud.org board:
Here is an excerpt from the Intro to the above book:
Introduction:
Bait and Switch
A few weeks after he started working at Ameriquest Mortgage, Mark Glover looked up from his cubicle and saw a coworker do something odd. The guy stood at his desk on the twenty-third floor of downtown Los Angeles’s Union Bank Building. He placed two sheets of paper against the window. Then he used the light streaming through the window to trace something from one piece of paper to another. Somebody’s signature.
Glover was new to the mortgage business. He was twenty-nine and hadn’t held a steady job in years. But he wasn’t stupid. He knew about financial sleight of hand—at that time, he had a check-fraud charge hanging over his head in the L.A. courthouse a few blocks away. Watching his coworker, Glover’s first thought was: How can I get away with that? As a loan officer at Ameriquest, Glover worked on commission. He knew the only way to earn the six-figure income Ameriquest had promised him was to come up with tricks for pushing deals through the mortgage-financing pipeline that began with Ameriquest and extended through Wall Street’s most respected investment houses.
Glover and the other twentysomethings who filled the sales force at the downtown L.A. branch worked the phones hour after hour, calling strangers and trying to talk them into refinancing their homes with high-priced “subprime” mortgages. It was 2003, subprime was on the rise, and Ameriquest was leading the way. The company’s owner, Roland Arnall, had in many ways been the founding father of subprime, the business of lending money to home owners with modest incomes or blemished credit histories. He had pioneered this risky segment of the mortgage market amid the wreckage of the savings and loan disaster and helped transform his company’s headquarters, Orange County, California, into the capital of the subprime industry. Now, with the housing market booming and Wall Street clamoring to invest in subprime, Ameriquest was growing with startling velocity.
Up and down the line, from loan officers to regional managers and vice presidents, Ameriquest’s employees scrambled at the end of each month to push through as many loans as possible, to pad their monthly production numbers, boost their commissions, and meet Roland Arnall’s expectations. Arnall was a man “obsessed with loan volume,” former aides recalled, a mortgage entrepreneur who believed “volume solved all problems.” Whenever an underling suggested a goal for loan production over a particular time span, Arnall’s favorite reply was: “We can do twice that.” Close to midnight Pacific time on the last business day of each month, the phone would ring at Arnall’s home in Los Angeles’s exclusive Holmby Hills neighborhood, a $30 million estate that once had been home to Sonny and Cher.On the other end of the telephone line, a vice president in Orange County would report the month’s production numbers for his lending empire. Even as the totals grew to $3 billion or $6 billion or $7 billion a month—figures never before imagined in the subprime business—Arnall wasn’t satisfied. He wanted more. “He would just try to make you stretch beyond what you thought possible,” one former Ameriquest executive recalled. “Whatever you did, no matter how good you did, it wasn’t good enough.”
Inside Glover’s branch, loan officers kept up with the demand to produce by guzzling Red Bull energy drinks, a favorite caffeine pick-me-up for hardworking salesmen throughout the mortgage industry. Government investigators would later joke that they could gauge how dirty a home-loan location was by the number of empty Red Bull cans in the Dumpster out back. Some of the crew in the L.A. branch, Glover said, also relied on cocaine to keep themselves going, snorting lines in washrooms and, on occasion, in their cubicles.
The wayward behavior didn’t stop with drugs. Glover learned that his colleague’s art work wasn’t a matter of saving a borrower the hassle of coming in to supply a missed signature. The guy was forging borrowers’ signatures on government-required disclosure forms, the ones that were supposed to help consumers understand how much cash they’d be getting out of the loan and how much they’d be paying in interest and fees. Ameriquest’s deals were so overpriced and loaded with nasty surprises that getting customers to sign often required an elaborate web of psychological ploys, outright lies, and falsified papers. “Every closing that we had really was a bait and switch,” a loan officer who worked for Ameriquest in Tampa, Florida, recalled. ” ‘Cause you could never get them to the table if you were honest.” At companywide gatherings, Ameriquest’s managers and sales reps loosened up with free alcohol and swapped tips for fooling borrowers and cooking up phony paperwork. What if a customer insisted he wanted a fixed-rate loan, but you could make more money by selling him an adjustable-rate one? No problem. Many Ameriquest salespeople learned to position a few fixed-rate loan documents at the top of the stack of paperwork to be signed by the borrower. They buried the real documents—the ones indicating the loan had an adjustable rate that would rocket upward in two or three years—near the bottom of the pile. Then, after the borrower had flipped from signature line to signature line, scribbling his consent across the entire stack, and gone home, it was easy enough to peel the fixed-rate documents off the top and throw them in the trash.
At the downtown L.A. branch, some of Glover’s coworkers had a flair for creative documentation. They used scissors, tape, Wite-Out, and a photocopier to fabricate W-2s, the tax forms that indicate how much a wage earner makes each year. It was easy: Paste the name of a low-earning borrower onto a W-2 belonging to a higher-earning borrower and, like magic, a bad loan prospect suddenly looked much better. Workers in the branch equipped the office’s break room with all the tools they needed to manufacture and manipulate official documents. They dubbed it the “Art Department.”
At first, Glover thought the branch might be a rogue office struggling to keep up with the goals set by Ameriquest’s headquarters. He discovered that wasn’t the case when he transferred to the company’s Santa Monica branch. A few of his new colleagues invited him on a field trip to Staples, where everyone chipped in their own money to buy a state-of-the-art scanner-printer, a trusty piece of equipment that would allow them to do a better job of creating phony paperwork and trapping American home owners in a cycle of crushing debt.
Please encourage anyone you know who has been foreclosed on to chronical their experience at http://www.BankClassActions.com Several very large and a few medium sized class action firms are using the homeowner data as a laboritory for class action legal theory research. Also we are compiling as complete a list as we can of known robo signers. Please email me if you have a piece of this data. Jeff@LegalForensicAuditors.com Thank you..
I have a document with Monica Hadley’s signature as an AVP for MERS,
Deb
October 15, 2010 at 12:02 AM
Michael,
Thank you for responding to my request. Is it possible to get a scanned copy of the document? I have a copy of a document that she signed as well if you need it.
Michael
October 15, 2010 at 1:07 PM
What is your email address? Yes I would like to see any document that you have with her signature.
We are thinking of hosting a conference where everyone could get together. Neil who has been at the forefront of this war would be invited to participate as we owe a debt of gratitute for his help. As well as Lynn and Michael. Is anyone interested?
You need to invite the genius that started this all. He was persecuted by major financial institutions including Wells Fargo and left United States in 2008, his country of birth, to permanently live in Australia – As you may know he was stripped of his right to free speech by U.S. Courts because he was the first in 2005 to discover and expose financial frauds in MBS. He was punished for trying to save USA from then an impending economic disaster that is unfolding exactly as he predicted and at the cost he predicted.
The Torrens title system operates on the principle of “title by registration” (i.e. the indefeasibility of a registered interest) rather than “registration of title.” The system does away with the need for a chain of title (i.e. tracing title through a series of documents). The State guarantees title and is usually supported by a compensation scheme for those who lose their title due to the State’s operation.
If the answer is yes, then lawyers for MERS and its clients/owners/co-conspirators cannot provide chain of title information because it was never recorded in MERS.
And perhaps MERS mistook itself for the state … well, actually, all 50 states.
OK, Everyone from the white house down has, or so it seems, come to the defense of the poor bankers who after a month or so will figure this whole mess out. And, never mind all that pesky FRAUD issue it’s time to redo what ever needs it and amp up the foreclosure action to throw people out of their homes ASAP!
So am I hearing this wrong??? Do homeowners no longer have a defense in civil courts anywhere in the USA?
Banks foreclose illegally only to steal money for themselves and to avoid creating losses for each other instead of sending the loans back to the loan originators which would cause them all lose money – as each one would receive thousands of bad loans back.
This also points to the fact that all the banks have conspired to foreclose illegally rather than sending back their bad loans to each other from their servicing – the difference is in sending the loans back they lose money (buying the bad loans back) by foreclosing they make fees and the investors lose money. Now that government has bought all the bad loans, the taxpayers lose the money. YOU SEE THIS TRICK….
Pay close attention! The banks engaged in foreclosures ARE NOT LENDERS. This is the core of the fraud. They need to successfully pretend that they are the lenders otherwise they would fall into debt collectors category and would have to comply by Fair Debt Collection Practices Act which prevents them from seizing assets without the knowledge and consent of property owners.
In fact, these Banks are only Loan Servicers and once the loan is in default, it must be passed on to the Special Servicer – another bank or foreclosure company. The Special Servicer is engaged for the purposes of A) Work out with borrower or B) Putback which consists of 1) Cure, 2) Repurchase Demand or 3) Substitution of the loan by its originator, according to Pooling and Servicing contracts that engages servicers for the investors (REMIC Trusts). They expressly are not allowed to foreclose nor legally have authority to foreclose. The only reason they lie, sign fraudulent affidavits and foreclose is to steal money. Stealing from REMIC Trusts, Borrowers and Guarantors, because no one is watching the store, not SEC, not OCC and for sure not IRS who receives the fraudulent 1066 tax returns of the trusts. The special servicer in case of failing to succeed with workout – must putback the loan to its original Depositor – i.e. the bank that made the defaulted loan. This means the bad loans serviced by Wells Fargo, Citi, JPMorgan, Bank America and GMAC must go back for full refund to REMIC trusts, guess to whom? Wells Fargo, Citi, JPMorgan, Bank America and GMAC!
Now, no hotshot defense attorney has ever been able to understand this picture, let alone instead of wasting time looking at bogus assumptions, ask for production of Pooling and Servicing Agreement that authorizes the Servicing – which is nothing but a debt collection contract and not a Mortgage Assignment as the loan can never really be assigned out of Trusts (that would be illegal liquidation of assets) after formation of REMIC Trust to its insiders.
I hope this helps you all prove NO ONE HAS HAD the right to foreclose on your NOTE and MORTGAGE except the REMIC TRUSTEE (which they would never engage in any action on behalf of the trust that may make the trust liable (for even legal fees, because that would open the door for stealing even more out of the trusts by these crooks) or the original lender, after a successful Putback, which most of them are out of business! That is why all foreclosed homes sold have an invalid title now.
Yuan
If the loan went ti fannie mae and fannie sold it to investors how does one find where the loan is
I am in despair trying to find it can you help?
Approx 3 yrs ago GMAC filed foreclosure on my loan. I had fallen behind after being forced into a forebearance agreement that I knew I could not meet. This ended up costing me an extra $2500 for their attorney fees plus hundreds more in late fees. Somehow I managed to catch up. GMAC was NOT interested in cooperating with me to resolve this problem. My question is, were they allowed to force a payment arrangement on me and could this foreclosure have been improper? I know several other people who had serious problems with GMAC as well. They would not work with one person until he gave up and told them they could have the house back. He felt no choice but to file bancruptcy. Then they offered to work with him.
This letter is a desperate plea for help to stop a possible fraudulent foreclosure on our family home.
While I am aware that Pennsylvania is one of the 23 states in which JP Morgan Chase has agreed to suspend home foreclosures, I have no idea when that moratorium will end. And when it ends, I am certain that JP Morgan Chase will continue its efforts to seize our home.
Here are the facts:
In June 2008, the business at which I was employed became unable to pay my entire salary, one-third of which was bonus-based. My search for a new job took three months. I began to fall behind on my mortgage payments. Eventually, I found a job, but had to take a 35% pay cut.
I phoned JP Morgan Chase to see if they would work with me during this financially stressful time. The bank suggested the possibility of a loan modification. I was instructed to go onto their web site and download all the forms I would need, fill them out and send them, along with my tax returns to JP Morgan Chase. I was now four months behind in my mortgage payments. I phoned the bank to see if it was possible for me to make two monthly payments to forestall foreclosure. I was told I must pay the entire four months payment. They refused to shift the months owed to the end of the mortgage. And they refused to allow me to pay an additional amount monthly until I was caught up.
I told JP Morgan Chase that I could pay the original loan if they would accept my payment. Again, the answer was no. They told me that it was not possible.
I downloaded all the appropriate forms for the loan modification, filled them out, and faxed them to JP Morgan Chase in May 2009.
A month passed and I heard nothing from the bank. When I phoned, I was told they could not find my paperwork. I faxed the paperwork again and called two weeks later, only to find that they, now, needed a signed 2008 tax return. There was no mention of the need for a 2008 tax return during my original phone conversation or on the JP Morgan Chase website which listed the required paperwork. I faxed the tax return and called to verify that it had been received. I was told that they now had all the papers needed for processing.
Two weeks later, I received a letter informing me that my paperwork was out of date, and I needed to send all new paperwork. I sent all the new paperwork to a new fax number which I was told “was going to make this process easier.” When I phoned the next day, I was told they had everything they needed and the foreclosure would stop in lieu of the modification determination.
Page 2
I called the next week on the progress of the loan modification. I was told my hardship letter was missing. The hardship letter was always the first paper I faxed. Once again, I faxed the letter and called the next day to verify its receipt.
It was now July 2009. I have been sending the same papers for three months. I phoned once more, and the woman I spoke with again verified each paper with me and said the foreclosure process would halt, awaiting a decision from the loan modification officer. I was told I would receive a letter in one month with decision on the loan modification.
Because of the paperwork obstacle course to which I had been subjected, I began to panic at what would happen next. I sent letters relating my experience with JP Morgan Chase to Congressman Todd Platz. JP Morgan Chase called me in reference to the Congressman and left a number for me to call. I called and left a message. I kept calling and leaving messages. I called thirteen times and left my name and number. To this day, no one has called me back in reference to the Congressman.
On October 21, 2009, I called to check on the status of the loan modification and was told that I was missing a new form. I had never been told about this form or to submit it. My ordeal began to resemble a Twilight Zone episode or a Franz Kafka novel. For six months, I have been sending the same papers over and over again with still no word on the loan modification.
October 27, I was informed by JP Morgan Chase that once again, my tax forms and paycheck stubs are missing. For the eighteenth time, I faxed the twenty-two documents to JP Morgan Chase. It appears that there is no one who can hold JP Morgan Chase accountable for their transparently obvious attempt to stall me until they can foreclose.
I want to emphasize that every time I phoned JP Morgan Chase, I was transferred no less than four times. Each time I had to restate all my personal information to each operator. The process of obtaining information was long and involved. Often, the last transfer brought me back to the first place I phoned.
Despite the fact that for the past five months JP Morgan Chase told me that the foreclosure process would be put on hold pending the decision on the loan modification, I received a Sheriff’s sale date of December 6.
I was incredulous. For the past five months, I could have been sending JP Morgan Chase payments for my mortgage, but I was told that my checks could not be accepted.
I hired a bankruptcy lawyer to enter into chapter 13 bankruptcy. My lawyer and I discussed how the bankruptcy would allow me to stay and continue to make my monthly mortgage payments. He asked me how much money I was earning and if it would be financially possible to pay for the house. I answered yes. A court date was set and an arbitrator was appointed. The mortgage was reinstated and an additional amount of about $450 would have to be paid monthly. In order to meet the greater monthly payment, we surrendered our car. Shortly thereafter, I received a pay raise.
Page 3
We began making our monthly mortgage payments. However, in July 2010, we noticed that our checks were no longer being cashed. I was told by JP Morgan Chase that our June check was never received and this was a violation of our agreement. I sent every check as I had done for the past five and a half years and never before was one lost.
I phoned and asked if I could send them another check and was told I could not. JP Morgan Chase told me that I needed to pay the entire mortgage.
I received a new set of foreclosure papers and a Sheriff’s date of February 7, 2011.
I sought my lawyer’s advice to ask if there was anything that could be done. He seemed dumbfounded. He was it made no sense for JP Morgan Chase to want this house. We bought the house when the housing market was at its peak and paid about $20,000 above its worth. My lawyer told me that in almost all cases similar to mine the bank worked with the homeowner to keep the family in the home. He also stated that it is apparent that JP Morgan Chase was pursuing the foreclosure more aggressively than usual.
I have spoken to four other people who have had almost the same experience with JP Morgan Chase. It has become obvious that JP Morgan Chase is more interested in separating my family from its home than in keeping us there. It appears that JP Morgan Chase is in the business of foreclosure and business is good.
I am a gainfully employed and debt-free homeowner with a wife and four children who can afford to make monthly mortgage payments. However, JP Morgan Chase will not accept my payment.
JP Morgan Chase wants to evict my family from its home.
I have exhausted all avenues of redress. Please help us to keep our home.
Dear Ben,
I am very sad to read of your situation. I want to encourage you with your struggle.
Look at MERS and MERSCORP.
The issue is the right of JPMChase to assign the trustee to hold the foreclosure auction.
Go to the County recorder’s office and contact the title company.
The Title Companies are often in position to hold the foreclosure sale.
Look at the notice from JPMChase.
The note may not be from JPMCHase but from the foreclosure trustee.
IF that trustee is MERS, you have a fighting chance to halt the sale.
Another option is to declare Chapter 7 bankruptcy. The Chapter 7 filing would negate your foreclosure sale and put it on hold.
If there are widespread Chapter 7 filings over the next 30 days by people being held hostage to MERS, then the MERS system will result in the banks being unable to collect on the mortgage note.
The issue is that MERS may have been appointed by JPMCHase as your note trustee. The trustee sale is in question here.
Your note was sold many times over by JPMChase to other bond holders. This is relevant because your note default means that you may be able to walk from the debt under Chapter 7 proceedings.
Here’s the angle from the bank’s perspective – your home must have equity in it for the bank to want it.
They are balancing your home’s equity against 10 other homes and 100 other bonds which have Zero value.
Therefore, in seizing your home, they hope to cannibalize your equity and value and earnings and life work to suit their need.
Screw them.
See a bankruptcy attorney and halt them.
Ben Howard
October 22, 2010 at 5:02 PM
Thank you for responding, you used some terms I’m not famiar with mers merscorp, I was planning on filing chapter 7 right after the new year 2011, I believe my bank is HSBC but it was alot different lenders before HSBC, any advice you can give me to beat the bank out of my house would be greatly appreciated, I want to them to give up and release the mortgage and I own home free and clear, any more information would be helpful. Thanks Ben
just read your post and except for the names and dates, it could be my exact story. Only mine was with Cit Mortage. I have had a lawyer involved for a year now and came very close to a Sherffi’s Sale in October which surprised my lawyer too! They ended up givinng us 4o minutes to send them a check for $500 to stop the Sheriff’s sale!! I felt like I was paying ransom. They also said they lost my paper work – several times. At one point I faxed a 31 page fax! I have been told at this point that they will look at my documents and consider a proposal in December! I will beliieve iet when I see it. I just want to keep my house and I keep being told that the mortgage comany really doesn’t want your house – they want to help you keep it!!
What a bunch of ______!! I have never been lied to so much in my whole life. I am 63 and all I want is a place to live that belogs (at least a little bit) to me! What can we do??? You may want to read my post when it comes around. This is just totally nuts!!
Bank of America, the nation’s largest bank, attempted to assuage those worries on Monday when it said it had agreed to cover a major title insurer’s costs in foreclosure cases that include flawed paperwork.
The deal between the bank and Fidelity National Financial was finalized Oct. 8, the same day Bank of America announced it was freezing foreclosure sales.
Eugene Villarreal-I also reside in NJ, Bergen county. Been fighting foreclosure since ’08.
I was wondering if you have found a lawyer who “gets it”, there are not too many in NJ, I certainly can’t find any as good as Matt Weidner, Neil Garfield, Ice legal, …most of them are in Florida.
Our plaintiff is US Bank NA. abs…,trustee, and their lawyer is Zucker, Goldberg & Ackerman.
How is your case going? I agree, NJ is lagging when it comes to helping homeowner fight foreclosures.
NJ court, judges….not very sympathetic to the homeowners.
Would love to hear and share experiences with you.
Lucy, how have you been fighting your foreclosure since ’08, pro se ? Anyway, I started in April of ’09, pro se, because I couldn’t find who would take our case or were to far away. After looking at my paperwork, they said I didn’t have a case. And this was from lawyers that you see in N.J. newspapers. I went thru this twice because after I found a lawyer who would take our case and was someone whom I thought was someone who was going t really help us and was reasonable, he left us hanging in the wind by not answering a Summary Judgment and not informing us. By the time I found our second attorney, Anthony T. Colasanti from West Caldwell, I had caught up reading about the foreclosure process and looked forward to his help. I looked for lawyers that were handling foreclosures in Bergen County and were not just taking client’s money and actually fighting for homeowners. The courts have a website, http://www.njcourts.com, were you can find the local courts and their calendar schedule and the foreclosures cases and attorneys for both side. Also, On the national side, Jeff Barnes of http://www.foreclosuredefensenationwide.com has attorneys joining his law firm around the country. It just so happens that there are two attorneys in Bergen County who are associated with him and have been successful in helping homeowners. They are all attorneys who “Get It”. Our case is on appeal to the appellate court.
You are right about the courts in Bergen County and N.J. There are a couple of exceptions in N.J. but none in Bergen County. The two judges in my case seem to ignore the written N.J. laws and statues. They bent over backwards for the plaintiffs and as the recent news is showing that they have been thrown fraud upon the court to their faces and they choose to ignore it. I wonder why ? We should all make the judges accountable for their errors. The reasons the banks are pressing the foreclosures is because the judges have allowed them to pass any paperwork that the banks provides. These are not first cases for each and every judge. They only complain about the overload of paper work but nothing about the fraudlent mistakes the banks have been making.
The invalid affidavits are just the tip of the iceberg and the securitization issue is the banks biggest problem they are trying to hide. Other states are suing them and trying to find out if the trusts ever existed or ever registered. Chase Home Finance, LLC is the plaintiff in our case and JP Morgan Chase Bank, N.A. was the lender. But, I found out that Freddie Mac is the owner of the mortgage and at the last motion Hearing, this was not a big deal. What about Standing ? Who would have the right to bring a foreclosure ? Someone who holds and owns the mortgage and note, right ? You would think so.
The politicians and the national news media are just finding out what the real problems homeowners have been facing for the last couple of years. Fortunately, the news media has been exposing it nationally, but the politicians who speak from both sides of their mouth are just speaking of the problems. So they say. All someone has to do is see how quitely and quickly they tried to pass HR3808. It’s only because some alert lawyers that saw this legislation trying to pass without any public input that it was stopped by the President. The vote will not made public . Where is the transparency ?
Don’t give up and if I can give you anymore info, I’ll be glad to share it with you. These websites are great and can give you and me more info. N.J. has a lot of foreclosures but homeowners are not rightfully challenging them. The state has been suing the banks on their behalf but not for the homeowners behalf.
You and I have two of the three foreclosure mills in Bergen County and no state official has come forward to represent the state in this fraud that the banks created.
Since MERS apparently has and never had any “employees”, it is very difficult to get depositions from the non-existent employees. There were “officers”, but they were not employees. Go figure.
However, there were, and perhaps still are, employees of the loan originators, the companies that gave mortgages to mirror foggers. I have not seen any depositions from such persons on the web. Perhaps this is fertile ground …
In particular, I am fascinated by the question of the elusive wet-ink mortgages and notes. Who know what intriguing stories the ex-employees have to tell.
Can anyone please tell me if they reconize the following names of people who have signed Assigment of Mortgages, Witness, Attorney’s or as Mers VP’s ? I am in Florida.
My assignment of mortgage was notorized by Lisa C Glena who is qualified to sign in Niagra county but my document was witnessed in Erie county, problem ?? witnessed by Juanita Lewis and some other person that I cant read.
What is also interesting is the Assgnment of Mortgage was prepared by Mr. Sterns law firm here in Florida but flown up to NY to be notorized.
One more thing, The VP for MEARS that transferred my mortgage to BAC was Rhonda Weston who just happens to be VP for BAC Foreclosure Department, conflict of interest ??????
Doug can you call me I need to talk to you its very important also try to get with ken I think threee minds are better than one and we can help one another in our fight to succeed
B
Hi ken
Just read your post I have Denise D Williams Signing as a notary where is her notary seal from Tell me any where but ny and we are in the money I have her notary in ny state email me back asap
Good luck
Ken
October 12, 2010 at 6:50 AM
I have Denise Williams signing as a witness on a assigmnet of mortgage.
Juanita Lewis is the notary out of Erie County NY on the samr paperwork.
brian
October 12, 2010 at 5:48 PM
can you call me denise williams is the notary signnin on my assignments which are bogus I think we are onto something my number is 910 367 2816
Julie can u email me or call me several other members are networking to compile all this fraud to help one another
my number is posted above either call me or email me
Has anyone seen the servicing contracts for the GSE loan servicers? Doesn’t it require Workout or Putback only? If so, these parties have never had authorization to foreclose. This makes their entire foreclosures fraudulent due standing, let alone filing a fraudulent affidavit in those petitions.
REMIC trusts can not liquidate loans (Notes, Mortgages and Guarantees) to any of their agents or trustees. That after 90 days by REMIC regulations 860c is almost impossible. This means the services have never been the holder of either note or the mortgage, let alone Note and mortgage.
You will never find such an assignment out of a trust to its agent, a servicer, This is why they had to fraudulently pretend to be holder of the note and mortgage, otherwise they had to comply with Fair Debt Collection Practices Act as a debt collector and not by OCC rules as a lender! A key difference they are trying to cure by consolidating into national banking institutions like Wells Fargo, JPMorgan, Citi and Bank America for further confusion of this key issue.
Question-I had a loan modification done in 2008 which will expire 12/2011. Late last year (2009, my loan was sold to Bank of America. I checked Recorder of Deeds – no assignments at all and my loan was sold twice. Without an assignment to BoA, can “they” change my modification in 12/2011 back to its original terms? And since I can’t find any assignments of my mortgage recorded, did the previous (servicer) do a loan modification illegally? Also, on a different note, my original mortgage was with Flagstar Bank in 2002. I refinanced with another bank in 2003 and never received a “Satisfaction of Note” from Flagstar. Is that Flagstar’s responsibility?
Andy Barth, a spokesman for Robert L. Ehrlich Jr., the Republican former governor of Maryland who is running against O’Malley, said that instead of telling mortgage servicers to halt proceedings, O’Malley should have “done more about providing good jobs” so residents didn’t fall behind on their loans in the first place.
“Bob Ehrlich’s priority is to create good jobs so people can pay their mortgages,” Barth said.
The implication here being that lenders and servicers did not commit fraud in Maryland. Election Day cannot get here soon enough.
I’m in California a non-judicial state. I lost my home Oct 1, 2010. I have some guy telling me that I have a case but he’s not an attorney. Does anyone know of a good attorney that is up on game with current Forclosure issues? I almost paid this guy $5000 until he presented me with a contract I couldn’t understand. That raised a huge red flag. I need an attorney quick. If my forclosure was done fraudulantly and I have a case I need it to come from a legitimate person. Please help the clock is ticking before I’m out on the street.
I would not pay anybody for legal advice unless they were an attorney licensed in your state. Not singing a contract you could not understand was probably a very good move.
Now go find a very good foreclosure fraud attorney.
You may want to poll the folks over at >> Foreclosure Hamlet
for references or suggestions.
As you have figured out, the clock is ticking, not only for when you are evicted, but as to if you are still in time to file a motion or appeal that will affect the outcome. You have an up hill battle. Overturning a judgement is more difficult than preventing one.
You need an honest legal review to see if it is worth you spending any money, and if so strong legal counsel to make your case. You may want to interview more than one lawyer, but be careful of fairy tales. Good luck.
To Irene P in Cali.,
Jeff Barnes of www. foreclosuredefensenationwide.com has an office in Ca. His firm has attorneys that may help you. Also, http://www.livinglies.wordpress.com has posted on the right side of his website, today, where you may be able to inquire for help(attorneys) from different state. Try both. Hope this help you. Don’t give up.
I believe you have up to one year to go back and appeal the foreclosure. I am nearly 100% sure on this. Good Luck and keep fighting the good fight! Especially NOW, since BofA halted all sales nationwide, and the other banks will be following suit.
How does this sound, & I am not sure where to turn for help. I have a lawyer who helps me by advising me, but wont sign on as $$ is a big issue. Where do i turn?
My ex- re-mortgaged the house in 05 Against my wishes. He added 30 grand more debt. I had NOTHING to do with this & NOT in favor of it.. I had to go to the closing because we both were on the deed. I was asked to sign two pages, I was told i was signing off on the old mortge. I made it very clear this was not mine & i was reassured by this. I left believing & right up until March of this year that this was 100% my ex’s mrtge. In JUNE of 09 I contacted Wells Fargo for help as my ex was 3 mnth behind on the mrtge payment. & i would pay it & they would help me with a motification of sorts. I made it VERY clear from the begining & they knew it, that it is his loan, but would work with me. Well i was contacted from a Lawyer representing Wells Fargo,,, wants me to sign a conformatory mortgage as the paper work is not correct. My name is not on the loan or the borrow or the loan aplication. My name was actually hand written in on the last page, So they want to correct this, I say NO WAY. I was told i was signing off on an old loan. This let me make it clear was a mistake made from lending tree .com or something, but WF ended up with the mortgage a few years ago. I hold the DEED to the house. 3 yrs ago he signed house over to me only. So my suggestion was take his name off & i will b more than happy to sign a new one. (He would be in 100% agreement too). Nope they dont want to do that. It is not even my mortgage & i am asking them for help as i need to get a mrtge in my own name anyways to satisfy family court from our divorce. Nope… they want no part of that. but if i pay up the arrearge they will try to qualify me for a loan. Lady,,, that is what i thought we have been working on since JUNE of 09. So long story shorter. They claim that on 8/22/10 they sent out accelration papers,, but to who ? they claim that i declined the payment arrangement they were trying to make, i said lets clarify,, I declined as it is not my loan to begin with & they should be talking to the loan holder. I was told that after 8/22 they could not accept any partial payments,, but on 8/29 they did accept my payment & process it,,, I do know that this messes up any so called acceleration process they may have started. Who do i notify about this??? I also want to be clear that i pay the modified amount they set up with me in June of 09, One of my biggest issues is that they have NEVER notifiyed me that they could not accept this amount any longer or made a mailing to my ex who gets everything about this mortgage. Y BECA– USE IT IS HIS MRTGE & they will tell me that. So far i have been in land court once with WELLS FARGO for a hearing,,, did a deposition,,, been offerd 500,, then 1000. twice. to sign the new papers. Wont do it,,, connects me to an ex with destroyed credit. (THIS IS NOT ON MY CREDIT REPORT- AGAIN its not my mortgage). W F picks & choose’s when they want to contact me, Only once written to me. but wants me to make a payment arrangement for more $ to them. So I know i will get screwed down the line,, limited to no lawyer,,, and a great big mess. where and how do i find some help??? I contacetd them for help,, this is what it has all turned into,, My ex does not even talk to them, They use to call my # constantly, even after updating his phone #, They pick & choose when they want me,, but dont want to help me.
I do not know how they can foreclose on a houe that is deeded to me ? any idea’s.. help..
A) You are right, you need competent legal help. i.e. a lawyer.
B) You tell us that the mortgage company wants to PAY you to sign new papers, this suggests that they have major problems with the existing paperwork. That indicates you may have a very good case.
C) You need competent and aggressive legal counsel, who practice and are skilled in foreclosure defense, to review your paperwork and case with you.
D) You did not say what state you are in. Laws very from state to state. About 23 use judicial foreclosure, (through the court) and the rest do not. The process is very diffrent. I recommend you find competent counsel in your state.
E) On first blush, it sounds like you may have a case that is winnable. (This is in comparison with most foreclosure cases where often the only thing achieved by paying lawyers is extended delay.) I suggest you organize your documents and take your case to several attorneys and interview them. It sounds like it may be worth you you spending your money on them.
F) If mortgage or note is bad and your case is good.- – If money to pay an attorney is a serious problem an attorney may take your case based on you agreeing to pay them back with a note secured on your house. This is also a test of if they really believe the note and mortgage are bad.
G) You can probably turn off the phone calls by sending them a letter by certified mail, instructing them not to call you and only communicate by mail. There are examples on the web.
H) Without seeing your documents it is impossible for anyone to give you solid information. I suggest you scan in any notes and mortgage documents, along with any powers of attorney that they may have been executed with, as well as any other documents, like assignments of mortgage that are recorded in the public records. Also include any letters or documents you recieved regarding requests or offers to sign new documents. Name the document images in a logical way and create an index to them by execution date. Now you have an electronic package you can send to lawyers or others seeking their review and advice.
Lawyers are more likely to give initial advice for free, and are more likely to take on your case, IF the documents are presented in an orgnized way. They are also more likely to charge you less money or a flat fee if they can see from the outset that you have a strong case and it will be an easy win. (There is no such thing as an easy win in foreclosure practice, but some are a lot more likely than others.)
Now is the time to be interviewing lawyers, before the legal action starts. Good luck.
see settlement Wells just entered into with 8 States about lending by World and Wachovia, clearly they had issues, you should be able to piggy back on that action. Did World do the loan or a Broker?
hi , im in Pa. and going threw foreclosure . I got the complaint in June 2010 and filed a answer .asking for further proof , it wasnt the gwr . They never did anything I just recieved a letter from the judge secretary saying submit within 1 week a brief status report with respect to a trial readiness which is set for 7 mths from now . Should i still do a qwr ? We never ask for a trial , so why did the judge ? In my answer i ask for this to be dismiss with prejudice , so why didnt the judge do this ? Im new and learning fast , but i dont know how the court works . Can i still file other paperwork asking this to be dismiss or what ?
any help would be great
Pa. – In reply to your question: As a general rule, a letter or document asking for further proof is neither a legally sufficient answer to a complaint, nor is it one of the allowed motions in response to such a complaint, unless you made what in most jurisdictions is known as a “Motion for more definitive statement”.
Your questions suggest a naivete with the rules and legal process.
I know very little of the law or process in your state, but your questions suggest you know even less. This is not to put you down, your willingness to learn and fight is good, but you will advance much faster if you can find an attorney in your state who is skillful in foreclosure defense.
The clock is ticking in your case, and you have to do the right things in court, before events and deadlines overtake you. You have to do these first. A QWR may be interesting but it is not something happening in the court record in your case, which is all that matters to a judge.
If at all possible, research good legal counsel and do what ever it takes to retain them, as soon as you can. Put all effort into this.
Have your counsel make sure you have a good LEGALLY SUFFICIENT response to the complaint, so a default is not entered against you.
Also, assuming the law in your state allows it, make sure you have solid, well grounded and well plead “Affirmative Defenses”.
Good legal counsel can help you with what defenses are allowed in your state and are appropriate to your case. This is the first and most critical stage.
You have to get this right before going on a hunt for incriminating evidence or documents. (Documents which can often be obtained faster and more effectively by a “request to produce” or subpoena made within the legal action instead of a letter of inquiry made outside the legal action.)
My comments should not be seen as legal advice, just a recommendation, based on your posting, that you need competent legal counsel and should move heaven and earth to find same.
Pa.
October 4, 2010 at 7:58 PM
hi , , i wasn’t looking for a English teacher…. just good knowledge and help .
thanks jm
James M
October 5, 2010 at 12:09 AM
Pa. I was not trying to correct your English, I was trying to get you to see that there was a structured legal process before you, and the need for someone to guide you through that process.
I do not believe a QWR is where you need to focus your attention. The best person to give you some idea of if you are on the right legal track or hanging dangerously over the abyss is a lawyer licensed to practice in your state. Someone needs to review the basic sufficiency of the answer and defenses you filed, if any.
A friend in Palm Beach was talking with a attorney/closing agent today (Oct, 4, 2010) and this Attorney who was issuing “Title Insurance” at a closing had inserted a clause into the title insurance policy that exempted the insurer from any liability IF the home had EVER been foreclosed upon. The title insurance company insisted on this “get out of jail free” clause.
Think about it, if ONE company is slipping this past what is the chance that they are ALL doing it now?
If YOU are buying real estate, better check the title insurance (and everything else) carefully.
Title Insurance companies are slipping these exemptions right past the lenders, realtors & buyers.
As my friend said “who reads all this stuff” when closing a deal?
Apparently the sloppiness goes on and on…
I demanded and received a copy of my mortgage note from IBM LBPS, who just bought my loan servicing file (not the mortgage note, just the right to collect money for the note and the right to foreclose, it’s crazy, I know) from Chase Bank. Chase Bank is the loan servicer, or one of them , for Fannie Mae. Fannie Mae says it owns my loan. However, the copy of the mortgage note that I received from IBM LBPS because of my demand is “not” signed over to Fannie Mae. It says, “Pay to the Order of” and then a blank space. It was signed (supposedly) by the senior vice president of Republic Bank who loaned me the money for my home. That means that Fannie Mae does “not” own my loan. It was never signed over to Fannie Mae by Republic Bank. I guess, what this means is that Fannie Mae has to go back to Republic Bank and get them to sign over the note to it. How does that help me? It may give me some time to save a few more bucks before I’m tossed out onto the street. I don’t know.
I’m in foreclosure with Chase Home Finance, LLC who on the mortgage and mortgage note states that they are the SERVICERS, but JP Morgan Chase Bank, N.A. was the original lender. Now, I found out thru Chase Home Finance, LLC Litigation Dept. and Freddie Mac’s website that Freddie Mac owns the Mortgage and /or Mortgage Note and are the Investors. No assignments were presented, no acknowledgement of Freddie Mac as the “True” owners of the Mortgage and/or Mortgage Note. Chase Home Finance, LLC continues to state that they are the owners and holders of the Mortgage and Mortgage Note and have not Transferred the Mortgage and Mortgage Note.
You need an attorney who “GETS IT” and helps homeowners to tell you if your Mortgage and Mortgage Note were Transferred with an Assignment with or without an Endorsement and if it was Securitized. You also need catchup on the foreclosure process in your State so that you be informed with the help of an attorney on how to proceed. Good Luck.
You say the note says, “Pay to the Order of and then a blank space”. This means your note is “endorsed in blank” which means the person holding the note has the right to enforce it. A specificity endorsement is to someone or entity, which gives only that person the right, but when endorsed in blank it means whoever holds the note has the right. Endorsements in blank are very common. When and by whom the endorsement was executed, that is often very difficult to determine.
Tho the true owner and holder is, and if the Plaintiff was when filing the action, that’s another issue altogether.
I just saw the news about 56,000 foreclosures from Chase being delayed. Can anyone tell me how I can find out if I’m one of these foreclosures? I got a foreclosure sale letter last week. I was late sending the loan modification package back to Chase. When I call Chase, they don’t see a sale date in my file.
Thanks,
Tom Goodman
5703 Stott St.
Bailey, NC 27807
thomas – do not rely on anything chase tells you. i am with chase and am facing foreclosure tuesday, that i was never even notified of. i have filled out 5 modifications packages and submitted them all on time. i don’t know how to find out if you’re part of the delayed foreclosures, but i highley suggest getting an attorney immediately. i had to do that yesterday.
check out this site for a little more info on chase and their slimey ways:
sorry for the horrible spelling and grammatical errors! my wireless keyboard goes nuts sometimes. i *highly* suggest, not ‘highley’…..and i filled out ‘modification’, not ‘modifications’.
Katie Couric covered this story in a sort of incomplete way. I would suggest dropping her a line with your story and the current circumstances to encourage her to continue covering the story. Also, send information to your local town newspaper and radio stations. Finally, Elliot Spitzer is becoming a TV personality, drop him a line and ask him to cover this story (along with your personal details).
Let everybody on this site know when you have sent your info, so that they can keep track. DO NOT — USE EMAIL. — USE REAL LETTERS, PREFERABLY ADDRESSED BY HAND BY A CHILD. I know it is cheesy, but you are more likely to get attention if you have your child address the letter.
The only way to keep the pressure up is to keep trying to expose this. I also hope that all of you have printed a list of the incumbents in your state and plan to vote them out.
hi tom. this delay is affecting 56,000 homes in 23 states. You need to find out if North Carolina is one of the states. I live in florida and I am one of the states. my lawyer says it could be up to a yr before we go back to court.
There are some things that all of you need to know. First, the ownership of Deutsche bank. A few years ago, I began tracking their activities through SECINFO.com. I discovered that a group called BUCKEYE HOLDINGS (I think) had an ownership position with them. After spending time digging, I discovered that Buckeye had a number of “investors/partners” listed including, but not limited to, George Bush Sr., Helmut Kohl, Akerman (another German politico) and a host of other names that you would all recognize. In case you are wondering about why “Buckeye” for a name, here’s more dirt. Buckeye is the name for teams in Ohio. Bush’s great grandfather was a manufacturing manager at Buckeye Castings in Ohio. Buckeye Castings belonged to THE ROCKEFELLER FAMILY who made a fortune selling shot to the US government for WWI and II. These bums all know each other and are all involved in this mess.
Why do you think that Florida turned out to be a hub for these crimes? Because Jeb Bush was governor there while the set up was taking place. Here’s what you need to understand, these people have turned our government into an ATM for themselves and their cronies. They start wars to benefit from the many arms companies that they have owned, strip mine Freddie Mac and Fannie Mae and set up NAFTA so that they could destroy the American worker while being assured of profits from their border factories. (Look at the law, the American government guarranteed that those who set up shop in the border zones would be able to demand profits from the US government).
When you fight foreclosure, MERS and these super banksters, you are also fighting for this country…because when they are taken down, the corrupting forces that they set in motion will be halted also. I am in the same boat as many of you in that I have just discovered that my house is in the MERS system. I had a friend, a journalist, Christopher Story of the World Currency Review, who talked about a couple in Britain who paid off their home only to discover that there was no clear title. They waited 5 years for a clean title. That is what is going to happen to everybody currently ensnared in this mess. I had a clean title before I borrowed money from AIG/American General. Now, I wonder if I ever will again.
I salute all of you and I will be joining you in this fray. Does anybody have the name of a good foreclosure defense attorney in Texas?
Been defending against them for the past three years……I am just a defendant who happens to also be an ethical attorney hence….still in the house. Akerman Senterfitt took over the case from the foreclosure mill once my attorney filed defenses…..they took my deposition but the lawyer almost cried because I know what I am doing since I am a litigation attorney also…..kind of felt sorry for the guy. All those years of law school and a big salary to do scum work. He did not look very happy.
CB says:
September 28, 2010 at 11:03 AM
I’m in a big mess and do not know what to do or who to turn to.
My story:
My now X husband talked me in to a $60,000.00 mortgage on my paid childhood home in 2006. My home was rented out and we lived 3 hours away. He promised to pay it off in 1 year & started a business with that money…. I left him after he beat me up, thankfully my renter had moved out. I moved my then 2 year old daughter & myself back to my childhood home. He stopped paying child support in 2008, etc. I pulled my home of the auction block, by selling items, that was Sept 09. A man who was going to purchase my house at auction, did his research on my home.
He found that:
1. I purchased my property from myself as an investment property. He said that is not legal in the state of Texas (sure enough, I did).
2. He said by law I could have only been given a home equity loan (the house was in my name from my deceased Mother).
3. He said I then transfered my homestead to a different town, which I signed that form, but I did not own any property in that other town. However, it was never taken off the homestead at my appraisal district, it stayed homesteaded all this time.
4. I also found that I agreed not to live in my “investment property”, we’ve been there since 2008.
5. My home was back on the auction block June 1, 2010.
6. Chase Home Finance pulled it off the auction May 18, 2010 and never told me. ???
7. I spoke with them as to why. They said “for review”.
Now I’m being told of MERS and they are the people listed as my Original Mortgagee on the foreclosure paper work.
I do not know what to do or not do.
I was told if I “dirty” my title, I would not be able to sell my home with a clear title and a bank would not finance anyone to purchase (if that’s the way I have to end up going).
I have not made a payment in a year on my home. I filed bankruptcy June 1, 2010 to stop the foreclosure & buy me some time. I plan on doing a loan modification, but have not yet.
I can’t afford an attorney, due to my X husband, a 18 month divorce, no child support, we are living below proverty.
Does anyone out there have any advice??? I know somethings wrong; Chase did not pull my home from the auction block out of the kindness of their hearts… Please, ANY ADVICE. Thank you so very much, Cheryl
I do not know much about Texas, or Texas law, but do agree you need help. If you have an attorney handling your bankruptcy they may be able to help with your home too. With only a 60,000 loan it is probable that you have equity in your home and there fore it is worth fighting for. If you were to have a foreclosure any equity you do have would probably be wiped out.
It seems that you have one or more causes of action against your ex-husband, both for child support and falure to repay the amount taken out of the home. You may have a cause of action against the person who arrange the loan if they fraudulently constructed an “investment property” loan when it was not.
It does sound like you NEED the help of competent legal counsel.
I suggest you create three files. One being an exact duplicate of what is in the court file for your foreclosure case. The second being all the correspondence and other documents between you and your mortgage company/bank, every document that is not in the court file. The third being every document from your orignal loan closing (you may be able to get a copy from the title company).
I suggest you organize your files by date, with tabs, and create an index to them listing the title or description of the document, the date of the document (date served and/or date on court docket) and who filed or sent it.
If you have the resources I suggest you scan the files into electronic documents. This helps with transmission, distribution and general organization.
Armed with orgnized documents you can go ask attornys their opinion. Often you can get a first free interview during which, if your stuff is orgnized, they might provide useful guidance on what needs to happen and what you can do.
Some agency’s for ‘women in distress’ have volunteer lawyers who provide guidance on dealing with ex-husbands and how to keep a roof over your heads. You need legal, financial and emotional counseling. See what resources your county provides. Knock on the doors of the agencies and find out what legal and financial help you can get.
Figure out if you have any equity in your house. Did you husband run off with all the equity or is there some over and above the amount of the loan ? If so, look into HAMP loan modification. Look into renting out a room to make payments.
Talk to your bankruptcy attorney ASAP. If title to the property is in your name and you have filed for personal bankruptcy, the property cannot be auctioned during the bankruptcy process.
Been through the battles with Sterns office for past 18 months. Thank GOD I found an attorney who understands what it takes to expose this boiler room foreclosure mill for what it really is. If you need help look uo Atty Mike Wasylik in Dade City, FL
PLEASE HELP!!!! I have been receiving the run-around from Chase Home Finance since December, 2009. In December 2009, I received a letter from Chase asking me to contact them to save my home under a MHA modification program. I was only one payment late. I filled out all the documentation, and was told my new payment would be $981.77 instead of the former amount of $1263.44. I paid that amount every month, and was unaware that there were any problems / changes until last month when I received a notice of foreclosure.
I was never notified there was a change to my payment from the $981.77 to another amount.
I tried to finance a car this week and was denied due to Chase reporting that I was 5 payments behind, which I didn’t understand since I have paid as instructed every month. It has put me in a severe bind. I have made my payments every month in the amount I was told to make, and am now facing foreclosure on my house and the inability to obtain a vehicle due to an error and/or miscommunication between departments at Chase.
I have called Chase on numerous occasions, and have talked to at least 24 different people about this. There has not been a SINGLE person that has been able to offer me an explanation – they only ask why I’m late making my payment. I’m not late – I made the payment amount I was instructed to make every single month. Each time I speak to a Chase representative, I am told I need to call another department, and am given a toll-free number that does not work.
I called again today (9/24/2010), and was told a foreclosure was scheduled for October 5, 2010! How is this right?
Stephanie, You do not provide enough information for people to help you constructively.
I suggest you hire competent counsel to represent you. Obviously you need to move quick. While you may be able to do this on your own, if you had time, you don’t.
Since time is of the essence in your case, I suggest you post your questions on http://www.foreclosurehamlet.org/ where there is a chat session and other people may be able to offer you real time advice that is hopefully constructive. This may be your fastest way to get pointed in the right direction.
Start by telling them A) What state is the property in, B) Were you served papers or did you receive a notice of default….
stephanie
September 26, 2010 at 11:40 AM
sorry for the lack of info. i am in georgia. i was not served papers. i received notice of default. i will check out the other site you suggested right now.
Look for an attorney who “GETS IT” and is helping homeowners rightfully fight their foreclosure. By stating on the websites which STATE your home is located will help people steer you how to seek the legal advice. You should look at your mortgage and note to see who is/was your lender, who is servicing the loan. Then, look who is the party who is foreclosing. There are websites from Freddie Mac, Fannie Mae, and MERS that will tell you (and your attorney) who owns the mortgage. When Chase Finance calls you, be sure to write down the dates, times, the person calling and the department they are calling from. While you have them on the phone, ASK THEM who owns the mortgage and note. Be sure to write this down correctly. This is a real time saver. Don’t give up. Just keep asking.
Stephanie,
I’m a reporter covering real estate for the Associated Press. Could you please email or call me with your contact information?
I want to talk to you about your situation.
All the best,
Michelle Conlin mconlin@ap.org
212 621 7562
Julie
October 13, 2010 at 1:09 AM
Hello Michelle,
We have a case with Chase in litigation in Bonner County, Sandpoint, Idaho. MERS is involved and Routhe, Crabtree and Olsen are the opposing counsel for Chase. US Bank is supposedly the investor/benefiicary. We have called them and they say they have nothing to do with our loan and to take it up with Chase. However, our foreclosing paperwork says that it is US Bank foreclosing on us. It is Routhe, Crabtree and Olsen and their parent company, NW Trustee Services in Bellevue, WA that has power of attorney and has made the various assignments into the security funds after the loan was in default. We would love to share our case with you. We are trying to get the judge to okay a discovery trial. So far, the opposing counsel has not answered the questions brought forward by out attorney. We can be reached at 253-261-1563. There is so much fraud going on because they are getting paid off thru various insurances multiple times and then foreclose on the home and get paid again and many people have a lot of money invested and these are their homes! It is all so sickening. We are both in real estate and completely understand what is going on and will keep fighting and passing the word to everyone. Just think, there is a reason why BofA halted all foreclosures across the USA!
My landlord was served with foreclosure papers from MERS last April. In June they filed for bankruptcy but we just found out recently. They are not interested in fighting the foreclosure despite the information I have provided to them. Is there a way I can get standing to challenge the foreclosure or chain of title. The bankruptcy trustee wants us to start paying rent again. That is fine as long as it does not hurt our status to possibly bring suit. We would like to stay in the house until next Spring/summer
you need to pay rent or get evicted the trustee paid very little and will yawn while they file and eviction-they are commissioned to collect rent and administrate that property, pay or quit and find another place now.
Talk to an atty…I’m just trying to help you realize the actions you may bring on yourself.Some homeowners are so tired they just walk away because of information confussion overload and give up. Put oxygen on yourself and protect your sheltering possibilities. You may need a reference to move from your current landlord. I’m saying start planning to move…sounds like.
Congress passed a law which required the non-occupant purchasers at foreclosure sales (such as banks) to honor existing leases on the foreclosed property provided that the lease was bona fide and the tenants were not in default.
If my servicer is GMAC but the bank trying to forclose on me is Bank of New York Mellon, is this right? Also if my loan started with Bank of Arizona, then passed on to homecomings financial then to GMAC is there suppose to be a assignment each team a mortgage is transfered?
uh, a servicer is handling your paperwork-which happens,and isn’t illegal…you would have to get an atty hired to delve into anything legal and pay…to find out the chain of events-no one work for free but realtors—up front to list your house free for shortsale and manage your shortsale…this is not legal advice-only opinion.
I just checked the court docket for a forclosure that my attorney is fighting against Bank of New York Mellon TR in whch the case was almost dismissed due to the lack of activity on their behalf because in more than a year they had not been able to respond to our request of producing the note, instead they filed a payment history so the case wouldn’t be dismissed. and again they filed this as an anwer along wth a motion for summary judgment but my attorney for what i understand asked for a plt status report to the court (i don’t know what is that) apparently to my understanding she requested to know what the status was on the file if they had or not the note according to what she mentioned to me. But now I see the court has ordered order denying to dismiss and curiosly now the firm (David Stern) that represents the bank has in the docket showing filing origingal note and mortgage and it also says notice of filing: copy of original note. Now can anyone who has gone all the way with this type of process tell me what can I expect. Because its my understanding that everything is questionable and I even mentioned to my attorney before ths happened that even if they did filed the original I can ask that this be proven that in fact it is, not to mention that when they filed the law suit in Nov 2009 they did not have the assignment untl Jan. 2010. My doubt is that I’m not sure if my attorney will want to go all the way to prove this since many just want to give you the run around and tell you just file for bankrupctcy since its much easier and avoids them loosing time and money. I believe I still have a chance to keep giving the fight and maybe anyone can refer me another attorney that does want to give the fight. I would appreciate any feedback, I read also about someone mentioning an loan audit which I don’t know if this can be an option.
I did go to their website and read what they have there but it says that they are working still on these issues. DO you have any reference of anyone who has already worked with them in the past?
My daughter’s hours of employment were reduced, which resulted in her not being able to make full mortgage payments. She asked the mortgage lender – GMAC – if they would give her a loan modification. She went through the entire required process only to be told that they couldn’t work with her. Not certain as to why she was denied. She has owned the home for 10 years and had always been current with her mortgage payments. She is over 6 months in arrears.
GMAC did a short sale, which didn’t work out – not many people are in the market for buying homes, particularly when the find out the home is in a HOA community.
Now, she’s been issued a foreclosure notice with a court hearing date in October/2010. She does not want a foreclosure and has been advised by an attorney to file for bankruptcy. The bankruptcy attorney tells her that GMAC will hold a sheriff’s sale and then sue her for any amount on the mortgage balance that is not met by the sheriff’s auction.
She doesn’t want to file bankrupty either. Both will negatively impact her credit score, which has already been affected due to mortgage payment arrearages.
I heard about the MERS situation and am wondering if there is any help for her by pursuing this route with the bankruptcy attorney. Although the bankruptcy attorney may not be aware of the MERS fiasco plus she earns a living through filing bankruptcies.
My daughter lives in North Carolina. Any case precedents or attorneys that deal with MERS foreclosures?
Do your research got to neil garfields website livinglies.com and find an attorney who gets it if you cant email me at mrbuilder11377@yahoo.com and I will put you onto some lawyers in your state who know how to proceed
Good luck
B
Shinlee
September 15, 2010 at 8:46 PM
Thank you, Brian. I will forward this information to my daughter and also her friend who is facing the same problem.
In the meantime,have her go to the court hearing date and ask for an extention of the foreclosure sale from the date of the courthouse steps sale date -60 days…usually they will give her as an extention to have more time to move (and persue whatever other direction on the meantime)—this should work,try it…this is not legal advice, is this her primary residence? If she is proven insolvent? find a good cpa-, can’t sue and get blood out of a turnip.
Shinlee
September 23, 2010 at 1:53 PM
Mywordpresstoday…
Thank you for your input. I believe the hearing is October 4th. It was her primary residence, she has since married and living elsewhere. She was hoping to rent out the house to help pay on the mortgage, but that isn’t working out.
I have attempted to modify my loan twice over the past 18 months. First it was through NACA, second, through a financial planner. Both times it was refused, as my hardships were considered temporary in nature.
I currently have a 815k 10 year IO/20 year PO, 7% mortgage, with EMC/Chase. I am in year 4 of the mortgage. My company is closing its doors September 30th. I also have completed a mortgage audit, which find some interesting things, including the fact that the Trust where my mortgage lies in is being sued by NJ State Pension.
I am looking for an attorney to take on my case in CT. Please reach out to me asap, thanks.
Did your mortgage audit disclose if your Trust in New Jersey was registered ? Like this website, Jeff Barnes of foreclosuredefensenationwide.com has two associates in Northern New Jersey and may have one in Conn. It’s worth a look.
815k holy cow and you did an audit to good your on the right track
have you gone to neil garfields site yet? theres alot of help there tooo or email me i will give you what i got mrbuilder11377@yahoo.com
I have two numbers of attorneys in Colorado fro you who get it know all about the problems with MERS hope this will help you good luck stephen bruenette 719 634 7878 colorado springs and sara mobley
303488 3415 email me if i can help
All the best
Brian
I am currently in a foreclosure process with BOA and their HomeLoans Servicing unit. We encountered problems a year ago from job loss and over a year of unemployment, and now reduced employment on the part of my spouse, and have several questions:
1. We have a first and second mortgage. How do we verify if the loans are still held by BOA and not sold off?
2. How do we find out if they are held by Fannie Mae or Freddy?
3. How do we know they have not been securitized?
4. Can you recommend assistance from someone in FL? I’m looking to fight as long as I can, and see if I can pull a rabbit out of the hat.
You can go to fannie mae.com and enter your address and they will tell you if they own your loan, or you can go to MERS.com and enter your “mers number” and they will tell you who owns your loan.
As far as a lawyer I would go to Gingolaw.com or do a google search for George Gingo, he is in the orlando area and his web site has some great resources and sample answers to the court.
I’m a paralegal working for a mortgage foreclosure defense attorney in Gainesville, FL, and at the risk of sounding like I’m giving legal advice, which I can’t as a paralegal, I will leave your questions for an attorney. One with an area of practice in mortgage foreclosure defense will easily be able to answer your questions and talk about rabbits in the hat.
I receive messages from this board for my education in this area of law, so my questions are for that, if you don’t mind. Where in Florida are you and the property? Have they entered a default against you? Or just filed the lis pendens? Or were you just served? Have they filed a Motion for Summary Judgment? Which law firm is representing the Plaintiff? Do you have a MIN # on the first page of the mortgage? Is MERS mentioned in the Note? Is the original lender the Plaintiff? Is the Plaintiff the one servicing your loan? Have you have one or more servicers? Do have any papers that have ‘Assignment of Mortgage’ at the top?
Perhaps your answers would allow someone else to speak more directly to your legal questions and suggest where you might find some rabbits.
B StLaurent
September 1, 2010 at 6:43 AM
Response to Marla:
Where in Florida are you and the property? Manatee County
Have they entered a default against you? No
Or just filed the lis pendens? Yes
Or were you just served? Served 6-4-2010
Have they filed a Motion for Summary Judgment? No
Which law firm is representing the Plaintiff? Florida Default Law Group, PI
Do you have a MIN # on the first page of the mortgage?
Is MERS mentioned in the Note? Not that I can find
Is the original lender the Plaintiff? Yes, BOA
Is the Plaintiff the one servicing your loan? Yes
Have you have one or more servicers? No
Do have any papers that have ‘Assignment of Mortgage’ at the top?
No, but one Atty that I consulted with called attention to a stamp and signature at the end of the mortgage that said “Pay To the Order of __________________ without recourse,” signed by an AVP for BOA.
Look up Gingolaw.com or do a google search for George Gingo, ICE Legal (south Florida) I believe is into the automatic handwriting machines or it might be George.
HI Eric, my company provides audits of mortgages and also attorney-prepared exams of mortgages and appraisals, and there is a difference between the 2 based upon what you are trying to do. There are also other options most consumers don’t know about. Reply back if you would like to speak further. Thanks!
eric
September 1, 2010 at 8:03 AM
Hi Laurie,
I would like to find out more. How can I get in touch?
Hi Eric, creditadvocateservices dot com is my site and you will find my contact info there. There are more options than I list on my site, and you will see the videos where I occasionally appear on the local CBS affiliate as a guest. I have made it my mission to help others, especially because I live in the #1 foreclosure capitol of the country and have watched many of my friends get ripped off, not just by the banks but by some of the “foreclosure defense” attorneys that do nothing more than stall tactics or ripping homeowners off. ALso, an excellent resource for checking out people and businesses is ripoffreports dot com.
The Matrix, the Federal Reserve, the Banks and the Strawman
Federal Reserve, the Banks and the Strawman
By Multiple Anonymous and Unknown Authors
The Matrix, the Federal Reserve, the Banks and the Strawman is a compilation of several articles written by multiple anonymous and unknown authors and aimed to educate the population on the various scams of the governments in complicity with the big Illuminati banksters and corporations. It is the result of an exhaustive research on these matters and generously shared here by the authors to benefit us all and to contribute to the change in awareness of “We the People” that so far have been slaves of the Matrix.
Banks make you believe that they are honest and respectful organizations with legal and well-established businesses, with fair banking practices as opposed to the internet scam con artists that deceive the public with promised fortunes ready to be claimed and to steal money and personal banking account information from you. The fact of the matter is that both, the “established” banks as well as the scam con artists are all a FRAUD. These series of articles will prove you why.
Editor of the Material: Luis Prada, Editor and Publisher of Brother Veritus’ Website (www.LuisPrada.com)
Published in this website on July 28, 2007.
~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~
The Matrix
Are we living in a Matrix? Was it just a movie or does this apply to our present life? Judge for yourself. There is a quote that applies perfectly to our present time, when Morpheus is talking to Neo for the first time.
We will first define the words Matrix; Morpheus; and Neo so you will understand the statements a little better.
Matrix: Its origin comes from the word mother. Female beast kept for breeding, the womb.
Morpheus: 1. Son of Hypnos. 2. The god of dreams. In the arms of Morpheus asleep; a deep sleep.
Neo: Greek naus. To float.
The following are direct statements from the movie:
Morpheus: “I imagine right now you feel a bit like Alice, tumbling down a rabbit hole. You have the look of a man who accepts what he sees and expecting to wake up. You’re here because you know something that you can’t explain, but you feel it. There’s something wrong with the world. You don’t know what it is, but it is there, like a splinter in your mind, driving you mad. It is this feeling that has brought you to me. Do you know what I’m talking about?”
Neo: “The Matrix.”
Morpheus: “Do you want to know what it is? The matrix is everywhere, it is all around us. Even now in this very room. You can see it when you look out your window, or turn on your television set. You can feel it when you go to work, when you go to church, when you pay your taxes. It is the wool that has been pulled over your eyes to blind you from the truth. That you are a slave, Neo, like everyone else, you were born into a prison that you cannot see, that you cannot smell, or taste or touch. A prison for your mind.
“Unfortunately no one can be told what the Matrix is. You have to see it for yourself.
“This is your last chance. After this, there is no turning back. Take the blue pill, the story ends, you wake up in your bed and believe whatever you want to believe.
“Take the red pill, you will stay in wonderland, and I will show you how deep the rabbit hole goes. Remember, what I am offering is the truth, nothing more. Follow me.”
We do live in such a world. And for anyone who has been involved in the system to any degree, in court, county and city and national rules and regulations, a bankruptcy, or a foreclosure, you know something is very wrong. You look all about you and see the morals of this country creeping into depravity. People are in despair. Nothing seems real anymore and we can’t put our finger on the cause. Something is wrong with our world. It bothers you like “a splinter in your mind”.
You know by now that we are living in a modern slavery, where everything is controlled by a powerful group at the top, creating chaos at every moment of our existence: poverty (around the world and in the US), wars, controlling and distributing legal and illegal drugs, skyrocketing gasoline prices, creating fraud home “loans” that you can never repay, illegal paper money. Need any more to see the Matrix in front of you?
You take the blue pill and the story ends. You wake in your bed and you believe whatever you want to believe. You take the red pill and you stay in Wonderland, and I show you how deep the rabbit-hole goes.
US Bankruptcy?
On October 2005 the US created its 4th bankruptcy against the infamous IMF (International Monetary Fund), aka World Bank. This time they included all of the states plus “We The People”, that’s why you cannot go into bankruptcy any more because you already are in one. Your only option is Chapter 13, and this option does not discharge the debt. You still owe the same amount of “money” but now you only make one payment to a “trustee” and your credit report shows “bankruptcy”. Chapter 11 and the other chapters do not exist anymore.
What a deal!
Following is a speech by Representative Traficant who Reports On The 3rd Bankruptcy Of The United States, United States Congressional Record, March 1, 1993 VOL. 33, page H-1303 The Speaker – Rep. James Traficant, Jr. (Ohio) addressing the House. Several people have looked in Law Libraries for the above speech and references, however the documents cannot yet be located, therefore this is not verified and cannot be stated as fact. However, Traficant’s speech is very eloquent, to the point, and can be supported with other documented facts:
“Mr. Speaker, we are here now in chapter 11 (the entire US). Members of Congress are official trustees presiding over the greatest reorganization of any Bankrupt entity in world history, the U.S. Government. We are setting forth, hopefully, a blueprint for our future. There are some who say it is a coroner’s report that will lead to our demise”.
“It is an established fact that the United States Federal Government has been dissolved by the Emergency Banking Act, March 9, 1933, 48 Stat. 1, Public Law 89-719;
Declared by President Roosevelt, being bankrupt and insolvent. H. J. R. 192, 73rd. Congress in session June 5, 1933 – Joint Resolution To Suspend The Gold Standard and Abrogate The Gold Clause dissolved the Sovereign Authority of the United States and the official capacities of all United States Government Offices, Officers and Departments and is further evidence that the United States Federal Government exists today in name only.
“The receivers of the United States Bankruptcy are the International Bankers, via the United Nations, the World Bank and the International Monetary Fund. All United States Offices, Officials, and Departments are now operating within a de facto status in name only under Emergency War Powers. With the Constitutional Republican form of Government now dissolved, the receivers of the Bankruptcy have adopted a new form of government for the United States. This new form of government is known as a Democracy, being an established Socialist/Communist Order under a new governor for America. This act was instituted and established by transferring and/or placing the Office of the Secretary of Treasury to that of the Governor of the International Monetary Fund. Public Law 94-564, page 8, Section H. R. 13955 reads in part: ‘The U.S. Secretary of Treasury receives no compensation for representing the United States.’
“Gold and silver were such a powerful money during the founding of the United States of America, that the Founding Fathers declared that only gold and silver coins can be “money” in America. Since gold and silver coinage was heavy and inconvenient for a lot of transactions, they were stored in banks and a claim check was issued as a money substitute. People traded their coupons as money, or “currency.”Currency is not money, but a money substitute. Redeemable currency must promise to pay a dollar equivalent in gold or silver money. Federal Reserve Notes (FRNs) made no such promises, and are not “money.” A Federal Reserve Note is a debt obligation of the federal United States government, not “money” The Federal United States government and the U.S. Congress were not and have never been authorized by the Constitution for the United States of America to issue currency of any kind, but only lawful money, gold and silver coin.
“It is essential that we comprehend the distinction between real money and paper money substitute. One cannot get rich by accumulating money substitutes, one can only get deeper in debt. We the People no longer have any “money.” Most Americans have not been paid any “money” for a very long time, perhaps not in their entire life. Now do you comprehend why you feel broke? Now, do you understand why you are “bankrupt,” along with the rest of the country?
“Federal Reserve Notes (FRNs) are unsigned checks written on a closed account. FRNs are an inflatable paper system designed to create debt through inflation (devaluation of currency). Whenever there is an increase of the supply of a money substitute in the economy without a corresponding increase in the gold and silver backing, inflation occurs.
“Inflation is an invisible form of taxation that irresponsible governments inflict on their citizens. The Federal Reserve Bank who controls the supply and movement of FRNs has everybody fooled. They have access to an unlimited supply of FRNs, paying only for the printing costs of what they need. FRNs are nothing more than promissory notes for U.S. Treasury securities (T-Bills) – a promise to pay the debt to the Federal Reserve Bank.
“There is a fundamental difference between “paying” and “discharging” a debt. To pay a debt, you must pay with value or substance (i.e. gold, silver, barter or a commodity). With FRNs, you can only discharge a debt.
You cannot pay a debt with a debt currency system. You cannot service a debt with a currency that has no backing in value or substance. No contract in common law is valid unless it involves an exchange of “good and valuable consideration.” Unplayable debt transfers power and control to the sovereign power structure that has no interest in money, law, equity or justice because they have so much wealth already.
“Their lust is for power and control. Since the inception of central banking, they have controlled the fates of nations.
“The Federal Reserve System is based on the Canon law and the principles of sovereignty protected in the Constitution and the Bill of Rights. In fact, the international bankers used a “Canon Law Trust” as their model, adding stock and naming it a “Joint Stock Trust.” The U.S. Congress had passed a law making it illegal for any legal “person” to duplicate a “Joint Stock Trust” in 1873. The Federal Reserve Act was legislated post-facto (1870), although post-facto laws are strictly forbidden by the Constitution. (1:9:3).
“The Federal Reserve System is a sovereign power structure separate and distinct from the federal United States government. The Federal Reserve is a maritime lender, and/or maritime insurance underwriter to the federal United States operating exclusively under Admiralty/Maritime law. The lender underwriter bears the risks, and the Maritime law compelling specific performance in paying the interest, or premiums, are the same.
“Assets of the debtor can also be hypothecated (to pledge something as a security without taking possession of it) as security by the lender or underwriter. The Federal Reserve Act stipulated that the interest on the debt was to be paid in gold. There was no stipulation in the Federal Reserve Act for ever paying the principal.
“Prior to 1913, most Americans owned clear, allodial title to property, free and clear of any liens or mortgages until Federal Reserve Act (1913)” “hypothecated” all property within the federal United States to the Board of Governors of the Federal Reserve, in which the Trustees (stockholders) held legal title, the U.S. citizen (tenant, franchisee) was registered as a “beneficiary” of the trust via his/her birth certificate. In 1933, The Federal United States hypothecated all of the present and future properties, assets and labor of their “subjects,” the 14th. Amendment U.S. citizens, to the Federal Reserve System.
“In return, the Federal Reserve System agreed to extend the federal United States corporation all the credit “money substitute” it needed. Like any other debtor, the federal United States government had to assign collateral and security to their creditors as condition of the loan. Since the federal United States didn’t have any assets, they assigned the private property of their “economic slaves,” the U.S. citizens, as collateral against the unplayable federal debt. They also pledged the unincorporated federal territories, national parks forest, birth certificates, and nonprofit organizations, as collateral against the federal debt. All has already been transferred as payment to the international bankers.
“Unwittingly, America has returned to its pre-American Revolution, Feudal roots whereby all land is held by a sovereign and the common people had no rights to hold allodial title to property. Once again, We the People are the tenants and sharecroppers renting our own property from a Sovereign in the guise of the Federal Reserve Bank. We, the People, have exchanged one master for another. This has been going on for over eighty years without the “informed” knowledge of the American people, without a voice protesting loud enough. Now it’s easy to grasp why America is fundamentally bankrupt.
Why don’t more people own their properties outright?
“Why are 90% of Americans mortgaged to the hilt and have little or no assets after all debts and liabilities have been paid?
Why does it feel like you are working harder and harder and getting less and less?
We are reaping what has been sown and the result of our harvest is a painful bankruptcy and a foreclosure on American property, precious liberties, and a way of life. Few of our elected representatives in Washington, D.C., have dared to tell the truth. The federal United States is bankrupt.
Wake up America! Take back your country.”Our children will inherit this unplayable debt, and the tyranny to enforce paying it. America has become completely bankrupt in world leadership, financial credit and its reputation for courage, vision and human rights. This is an undeclared economic war of Bankruptcy and economic slavery of the most corrupt order!
The IRS
Dear friends, as I explain you, in many occasions the IRS is a private corporation, a subsidiary of the International Monetary Fund and the Federal Reserve Bank (FRB). (Check your Yellow Pages and you will find the FRB under Banks if you still doubting that is a private corporation). Every time that you send them a voluntary donation (your payment of your taxes), a gift for them, of course, they endorse the check to the Federal Reserve Bank.
The IRS creates the most activity of Commercial Collection in the entire world. The collection process is relatively valid, although the IRS is not registered to do business in any state. Did you understand what you just read?
The IRS is NOT REGISTERED TO DO BUSINESS OR PERFORM COMMERCIAL MATTERS IN ANY STATE. So how do they get all the money they get? ANSWER: because you give it to them without requesting a proof of claim from them or even if they were “licensed” to give you offers based on “arbitrary” estimations.
However, this is where things get very interesting. The other phase of matters is the assessment phase: THERE IS NO VALID ASSESSMENT. The IRS has not, and never can, and never will, and never could, EVER issue a valid assessment lien or levy. It’s not possible.
First of all, in order for them to do that there would have to be paperwork, a True Bill in Commerce (This is a ledgering or bookkeeping/accounting, with every entry established). There would have to be sworn Affidavits by someone that this is a true, correct and complete and not meant to deceive, which, in commerce is, essentially “the truth, the whole truth and nothing but the truth” when you get into court. Now, nobody in the IRS is going to take commercial liability for exposing themselves to a lie, and have a chance for people to come back at them with a True Bill in Commerce, a true accounting. This means they would have to set forth the contract, the foundational instrument with your signature on it, in which you are in default, and a list of all the wonderful goods and services that they have done for you which you owe them for; or a statement of all the damages that you have caused them, for which you owe them.
I think that no one in the US has ever received goods or service from the IRS for which they owe money. I personally don’t know of anyone who has damaged anybody in the IRS that gives them the right to come after us and say that “you owe us money because you damaged me”. The assessment phase in the IRS is non-existent, it is a complete fraud. Wait a minute, there is one definition of “service” that actually applies to the IRS [Internal Revenue Service]:
Service. The act of bringing a female animal to a male animal to get “@#%* and then %$#@” so that the owner of the animals may “enjoy the product of this union.” Gives you a warm fuzzy feeling inside, doesn’t it?
[ N.of E Explanation: The male animal is the IRS, the female animal is you and the Federal Reserve is the owner of the animals. The benefit of the “service” of the IRS is not for you, really, but for the Federal Reserve. In fact, the money collected by the IRS does not go to the government but to the owners of the private corporation Federal Reserve, the top Illuminati. Is it now clearer?]
One reason why the super rich bankers and the super rich people in the world have been able to literally steal the world and subjugate it and plunder it and bankrupt it and make chattel property out of most of us is because they know and use the rules of Commercial Law and we don’t.
Because we don’t know the rules, nor use them, we don’t know what the game is. We don’t know what to do. We don’t know how to invoke our rights, remedies and recourses. We get lost in doing everything under the sun except the one and only thing that is the solution. We play to be bankers and we know nothing about their game.
No one is going to explain to you what and how all this is happening to you, why are you loosing your property, why you never have “money”, why everybody is bankrupted. That is never going to happen. These powers-that-be have not divulged the rules of the game. They can and do get away with complete fraud and steal everything because no one knows what to do about it. In the USA, you own NOTHING. Everything is hypothecated to the “banksters”, not only that, but you have no title of your property (only a Grant Deed) and your STRAWMAN owes everything, not you, and remember they created the strawman and it belongs to them.
The United States Corporation and the Strawman
In 1871 the United States incorporated in England and therefore became an English corporation under the rule of the Crown (Rothschild). As you see, corporations are not governments and can only rule by contracts through corporate copyrighted policy. How can a corporation ever have authority over you? By contract! ONLY BY CONTRACT!
Today The United States is a District of Columbia corporation. In Volume 20: Corpus Juris, Sec. § 1785 we find “The United States government is a foreign corporation with respect to a State” (see: NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L. Ed. 287). Since a corporation is a fictitious “person” or entity (it cannot speak, see, touch, smell, etc.), it cannot, by itself, function in the real world. It needs a conduit, a transmitting utility, a liaison of some sort, to “connect” the fictional person, and fictional world in which it exists, to the real world.
LIVING people exist in a real world, not a fictional, virtual world. But government does exist in a fictional world and can only deal directly with other fictional or virtual persons, agencies, states, etc. In order for a fictional person to deal with real people there must be a connection, a liaison, and a go-between. This can be something as simple as a contract. When both “persons,” the real and the fictional, agree to the terms of a contract, there is a connection, intercourse, dealings, there is a communication, an exchange. There is business! But there is another way for fictional government to deal with the real man and woman: through the use of a representative, a liaison, and the go-between. Who is this go-between, this liaison that connects fictional government to real men and women? It’s a government-created shadow, a fictional man or woman … with the same name as ours.
This FICTITIOUS PERSON was created by using our birth certificates as the MCO (Manufacturer’s Certificate of Origin) and the state in which we were born as the “port of entry”. This gave fictional government a fictional PERSON with whom to deal directly. This PERSON is a STRAWMAN.
STRAMINEUS HOMO: Latin: A man of straw, one of no substance, put forward as bail or surety. This definition comes from Black’s Law Dictionary, 6th. Edition, page 1421. Following the definition of STRAMINEUS HOMO in Black’s we find the next word, Strawman. STRAWMAN: A front, a third party, who is put up in name only to take part in a transaction. Nominal party to a transaction; one who acts as an agent for another for the purposes of taking title to real property and executing whatever documents and instruments the principal may direct. Person who purchases property for another to conceal identity of real purchaser or to accomplish some purpose otherwise not allowed. Webster’s Ninth New Collegiate Dictionary defines the term “strawman” as: 1: a weak or imaginary opposition (as an argument or adversary) set up only to be easily confuted. 2: a person set up to serve as a cover for a usually questionable transaction.
The Strawman can be summed up as an imaginary, passive stand-in for the real participant; a front; a blind; a person regarded as a nonentity. The Strawman is a “shadow”, a go-between. For quite some time a rather large number of people in this country have known that a man’s or woman’s name, written in ALL CAPS or last name first, does not identify real, living people. Taking this one step further, the rules of grammar for the English language have no provisions for the abbreviation of people’s names, i.e., initials are not to be used. As an example, John Adam Smith is correct. ANYTHING else is not correct. Not Smith, John Adam or Smith, John A. or J. Smith or J. A. Smith or JOHN ADAM SMITH or SMITH, JOHN or any other variation. NOTHING, other than John Adam Smith identifies the real, living man. All other appellations identify either a deceased man or a fictitious man: such as a corporation or a STRAWMAN.
Over the years government, through its “public” school system, has managed to pull the wool over our eyes and keep us ignorant of some very important facts. Because all facets of the media (print, radio, television) have an ever-increasing influence in our lives, and because media is controlled (with the issuance of licenses, etc.) by government and its agencies, we have slowly and systematically been led to believe that any form/appellation of our names is, in fact, still us: as long as the spelling is correct. WRONG! [N. of E.: The author refers here to the correctness of the form of writing our names from the legal perspective.]
We were never told, with full and open disclosure, what our government officials were planning to do and why. We were never told that government (THE UNITED STATES) was a corporation, a fictitious “person”. We were never told that government had quietly, almost secretly, created a shadow, a STRAWMAN for each and every on of us, not only in the US but in the entire planet, so that government could not only “control” the people, but also raise an almost unlimited amount of revenue —so it could continue not just to exist, but to GROW. We were never told that when government deals with the STRAWMAN it is not dealing with real, living, men and women. We were never told, openly and clearly with full disclosure of all the facts, that since June 5, 1933, we have been unable to pay our debts. We were never told that we had been pledged (and our children, and their children, and their children, and on and on) as collateral, mere chattel, for the debt created by government officials who committed treason in doing so. We were never told that they quietly and cleverly changed the rules, even the game itself, and that the world we perceive as real is in fact fictional and it’s all for their benefit. We were never told that the STRAWMAN —a fictional person, a creature of the state— is subject to all the codes, statutes, rules, regulations, ordinances, etc., decreed by government, but that WE, the real man and woman, are not. We were never told we were being treated as property, as slaves (albeit comfortably for some), while living in the land of the free —and that we could, easily, walk away from the fraud.
WE WERE NEVER TOLD WE WERE BEING AB– USED!
There’s something else you should know: Everything, since June 1933, operates in COMMERCE! Commerce is based on agreement, contract. Government has an implied agreement with the Strawman (government’s creation) and the Strawman is subject to government rule, as we illustrated above. But when we, the real flesh and blood man and woman, step into their “process” we become the “surety” for the fictional Strawman. Reality and fiction are reversed. We then become liable for the debts, liabilities and obligations of the Strawman, relinquishing our real (protected) character as we stand up for the fictional Strawman.
So that we can once again place the Strawman in the fictional world and ourselves in the real world (with all our “shields” in place against fictional government) we must send a nonnegotiable (private) “Charge Back” and a nonnegotiable “Bill of Exchange” to the United States Secretary of Treasury along with a copy of our birth certificate, the evidence, the MCO, of the Strawman. By doing this we discharge our portion of the public debt, releasing US, the real man, from the debts, liabilities and obligations of the Strawman. Those debts, liabilities and obligations exist in the fictional commercial world of “book entries”, on computers and/or in paper ledgers. It is a world of “digits” and “notes”, not of real money (gold and silver) and substance. Property of the real man once again becomes tax exempt and free from levy as it must be in accord with HJR-192 (House Joint Resolution 192).
Sending the nonnegotiable Charge Back and Bill of Exchange accesses our Treasury Direct Account (TDA). What is our TDA? Let’s go to Title 26 USC and take a look at section 163(h)(3)(B)(ii), $1,000,000 limitation: “The aggregate amount treated as acquisition indebtedness for any period shall not exceed $1,000,000 (one million) ($500,000 in the case of a married individual filing a separate return).”
This $1,000,000 (one million) account is for the Strawman, the fictional “person” with the name in all caps and/or last name first. It is there for the purpose of making book entries, to move figures, “digits” from one side of ledgers to the other. Without constant movement a shark will die and quite ironically, like the shark, there must also be constant movement in commerce, or it too will die. Figures, digits, the entries in ledgers must move from asset side to debit side and back again, or commerce dies. No movement, no commerce.
The fictional person of government can only function in a fictional commercial world, one where there is no real money, only fictional funds… mere entries, figures, and digits.
A presentment from fictional government —from traffic citation to criminal charges— is a negative, commercial “claim” against the Strawman. This “claim” takes place in the commercial, fictional world of government. “Digits” move from one side of your Strawman account to the other, or to a different account. This is today’s commerce.
In the past we had addressed these “claims” by fighting them in court, with one “legal process” or another, and failed. We have played the futile, legalistic, dog-and-pony show —a very clever distraction— while the commerce game played on.
But what if we refused to play dog-and-pony, and played the commerce game instead? What if we learned how to control the flow and movement of entries, figures, and digits, for our own benefit? Is that possible? And if so how? How can the real man in the real world, function in the fictional world in which the commerce game exists?
When in commerce do as commerce does, use the Uniform Commercial Code (UCC)? The UCC-1 Financing Statement is the one contract in the world that can NOT be broken and it’s the foundation of the Accepted For Value process. The power of this document is awesome.
Since the TDA exists for the Strawman —who, until now, has been controlled by government— WE can gain control (and ownership) of the Strawman by first activating the TDA and then filing an UCC-1 Financing Statement. This does two things for us:
First, by activating the TDA we gain limited control over the funds in the account. This allows us to also move entries, figures, and digits … for OUR benefit.
Secondly, by properly filing an UCC-1 Financing Statement we can become the holder in due course of the Strawman. This gives us virtual ownership of the government-created entity. So what? What does it all mean?
Remember earlier we mentioned that a presentment from government or one of its agents or agencies was a negative commercial claim against the Strawman (and the Strawman’s account, the TDA)? Remember we told you entries, figures, and digits moved from one side of the account to the other, or to a different account? Well now, with the Strawman under our control, government has no access to the TDA and they also lose their go-between, their liaison, their “connection” to the real, living man and woman. From now on, when presented with a “claim” (presentment) from government, we will agree with it (this removes the “controversy”) and we will ACCEPT IT FOR VALUE. By doing this we remove the negative claim against our account and become the “holder in due course” of the presentment. As holder in due course you can require the sworn testimony of the presenter of the “claim” (under penalty of perjury) and request the account be properly adjusted.
It’s all business, a commercial undertaking, and the basic procedure is not complicated. In fact, it’s fairly simple. We just have to remember a few things, like: this is not a “legal” procedure —we’re not playing dog-and-pony. This is commerce, and we play by the rules of commerce. We accept the “claim”, become the holder in due course, and challenge whether or not the presenter of the claim had/has the proper authority (the Order) to make the claim (debit our account) in the first place. When they cannot produce the Order (they never can, it was never issued) we request the account be properly adjusted (the charge, the “claim” goes away).
If they don’t adjust the account a request is made for the bookkeeping records showing where the funds in question were assigned. This is done by requesting the Fiduciary Tax Estimate and the Fiduciary Tax Return for this claim. Since the claim has been accepted for value and is prepaid, and our TDA account is exempt from levy, the request for the Fiduciary Tax Estimate and the Fiduciary Tax Return is valid because the information is necessary in determining who is delinquent and/or making claims on the account. If there is no record of the Fiduciary Tax Estimate and the Fiduciary Tax Return, we then request the individual tax estimates and individual tax returns to determine if there is any delinquency.
If we receive no favorable response to the above requests, we will then file a currency report on the amount claimed/assessed against our account and begin the commercial process that will force them to either do what’s required or lose everything they own —except for the clothing they are wearing at the time. This is the power of contracts (commerce). We should also mention that no process of law —”color” of law under present codes, statutes, rules, regulations, ordinances, etc. — can operate upon you, no agent and/or agency of government (including courts) can gain jurisdiction over you, WITHOUT YOUR CONSENT. You, (we) are not within their fictional commercial venue.
The Accepted for Value process, however, gives us the ability to deal with “them” —through the use of our transmitting utility/go-between, the Strawman— and hold them accountable in their own commercial world for any action(s) they attempt to take against us. Without a proper Order, and now we know they’re not in possession of such a document, they must leave us alone … or pay the consequences.
Yes, this process IS powerful. Yes, it CAN set us free from government oppression and control.
When you read the above article about the STRAWMAN, you would understand better that you do not own anything because everything was “bought” by this fictitious entity created by the UNITED NATIONS. They created the strawman, they own it. The strawman is your name in all caps. You think it is you, but it isn’t. You are only an “authorized signature” for it. Look at your checkbook, it has many lines, all of them are solid but one. The line where you sign your name, look at it very closely, it looks like a dotted line, is not even straight like the rest of the lines. Blow up this line and you will see that there are words written in the line, Voila: “AUTHORIZED SIGNATURE”. They even hide this from you. You do not own your checking account either, it is in the name of the straw entity, you are only an authorized signature. And you thought that Communism was bad because people didn’t own anything, everything belonged to the state, right?. At least people there knew, here they do not even tell you, it is a frivolous lie.
The whole system was created to have you in slavery, “modern slavery” of course. All of the countries in the world have adopted the same bank system, they all have “strawmen” since 1934. If you were born before this date you can see that your birth certificate is capital and lower cases. For people born after this year the name will appear in all caps, your strawman was born, not you. Remember on the story of the Wizard of Oz, Dorothy found three people. The first guy was a lion, he lived in fear, this represents “We the People” always living in fear. Then she found a tinman, it had no heart, like the banksters, they do not care if you loose your house, if you live on the streets, if you have no food, as long as they accomplish their goals. And, finally, she found the strawman, and remember what he didn’t have: a brain. Strawmen have no brain, they are stupid, and that’s why you need a “lawyer” to defend you in court, because for them, you have no brain.
Please forward this in an email. Everybody must know about this. If we unite we are stronger. Remember we are more than them. They are a small group. We can still do something about it. If you stay still and do nothing they win. Remember we are all One unto God. Let’s be GOD again!
The United States of America, The Corporation
United States, US, U.S., USA, America, means: (A) a federal corporation . . . Title 28 USC Section 3002(5) Chapter 176: “It is clear that the United States . . . is a corporation . . “. 534 FEDERAL SUPPLEMENT 724: ˜It is well settled that “United States” et al is a corporation, originally incorporated February 21, 1871 under the name “District of Columbia”, 16 Stat. 419 Chapter 62. It was reorganized June 11, 1878; a bankrupt organization per House Joint Resolution 192 on June 5, 1933, Senate Report 93-549, and Executive Orders 6072, 6102, and 6246; a de facto (define de facto) government, originally the ten square mile tract ceded by Maryland and Virginia and comprising Washington D. C., plus the possessions, territories, forts, and arsenals.”
The significance of this is that, as a corporation, the United States has no more authority to implement its laws against “We the People” than does Mac Donald Corporations, except for one thing: the contracts we’ve signed as surety for our strawman with the United States and the Creditor Bankers. These contracts binding us together with the United States and the bankers are actually not with us, but with our artificial entity, or as they term it “person”, which appears to be us but spelled with ALL CAPITAL LETTERS. All this was done under, VICE-ADMIRALTY COURTS.
In English Law: Courts established in the Queen’s possessions beyond the seas, with jurisdiction over maritime causes, including those relating to prize. The United States of America is lawfully the possession of the English Crown per original commercial joint venture agreement between the colonies and the Crown, and the Constitution, which brought all the states (only) back under British ownership and rule. The American people, however, had sovereign standing in law, independent to any connection to the states or the Crown. This fact necessitated that the people be brought back, one at a time, under British Rule, and the commercial process was the method of choice in order to accomplish this task, first, through the 14th Amendment and then through the registration of our birth certificate and property. All courts in America are Vice-admiralty courts in the Crown’s private commerce.
Thank you I hope you enjoyed this and now pas it on to others. The more WE the PEOPLE become educated we can the STAND UNITED as ONE and take back our solventy and this great country our Fore Fathers laid the lifes on the line for….
Let’s not waste the lifes of those that died to keep the Country Free go to waste… like John F. Kennedy once said “Don’t ask what your Country can do for you, But what YOU CAN do for your COUNTRY” now let’s get to work taking this county back…
Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al.
California Central District Court, Case No. 2:09-cv-04589
I need to file the proposed judgement with the court in 4 days. Based on second amended complaint, I am preparing the judgement by myself but it would be a good idea to get everyone help to have a good judgement against Chase. I dont know if this site allow me to upload documents for that purpose but just an idea.
If you are pro se the court should have written it’s own order, but given the chance you can too.
Suggest breaking it down into separate sections.
You be very careful if adding findings of fact. The most common attack on appeal is the court below made the wrong findings of fact. If you are on uncertain grounds keep it simple. Better yet have a pro do it. well, with your review and second guessing
Obviously the order to quiet title on the subject property is the most inportant, even if it does not come first. An order to strike from the public records the Lis Pendens, Defendants to execute a Satisfaction of mortgage and / or the court to strike mortgage recorded at xxxxxx in xxxx county records, etc.
I would be careful with any findings of fact regarding the violations, just finding that the evidence shows the folowing violations xxx xxxx
I don’t know if fees and costs were argued or proved at trial.
I don’t know if you need to add the finding on fees and costs in your judgment – or just a phrase finding that party x will party party y’s fees and costs and y has z days to file a motion for fees and costs, and the court retains jurisdiction to hold eventuality hearing on the amount.
Law in your state may be very different. Don’t let other side prepare order. Maybe worth paying a good attorney or ex-judge to draft the order. Having won the victory you NEED this order to stand up on appeal, which is coming next.
Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al.
California Central District Court, Case No. 2:09-cv-04589.
I dont know how many people take it upon themselves to challenge their bank; but I was an experience I will never forget. I challenged Chase on my mortgage based on TILA violation. The bank retained a large law firm in So. CA with 3 lawyers. So much motions and procedures to learn and apply as the case moved along in the last year. Finally, the case went to trial yesterday. The court finally render judgment in plaintiffs’ favor in voiding the deed of trust. As far as the outstanding loan, it is forfeited and the bank would have to take that lost. Furthermore, the court imposed statutory damages of $4k for each violations which amounted to about $16k.
I am in the process of preparing the judgment for the court to sign along with tax cost. Believe it or not, I have expended over $10k in cost along; which includes expert witness cost.
So much research was done and I hate to see it goes to waste. If you have access to PACER, everything is there for public use. Best of luck to all fighting the bank now and keep up your spirit.
Sounds like congratulations are in order. I have also been in a foreclosure with Chase Home Finance, LLC in New Jersey for almost a year and a half. Not being savy about the the foreclosure laws, I obtained the services of an attorney whom I thought was going to give us the chance to be heard in court after he answered the complaint. After reading a copy of the answers, I said to myself, “Yes”, we have a chance. Only to find out that our attorney didn’t answer a motion for summary judgment. I immediately submitted (pro se) a motion to vacate the summary judgment while I was trying again to obtain an attorney who would be able to help us. Mt motion was denied and afterward, I was able to find an attorney who listened to our case and was really interested in helping us. My motion and his motion were presented on the basis of standing and both were denied. I (we) firmly believe that Chase Home Finance,LLC is only the Servicer and not the the owner of the note and mortgage. New Jersey (Judges) is hell bent in not allowing defendants to pursue Standing or other issuses because it will open the floodgates to homeowners to rightfully challenge the complaint. Even after a New Jersey District Court judge issued a 53-page opinion which included addressing the issue of Standing and Securitization, there are only a very few cases that defendant’s attorney can refer to. The judges don’t even look at the case or question any of the Plaintiff’s (Bank’s Attorneys) evidence. They’re only interested in how many months the homeowners have not made a payment. When you’re already in foreclosure court, it shouldn’t matter if you’re one month behind or 359 months behind.
After being denied twice, we’re trying to get heard in the appellate court in New Jersey. Chase Home Finance, LLC insists that they are the owners of the note and mortgage even after their Loss Mitigation Dept. informed me and FreddieMac confirmed (through their website and phone call) that they are the owners of the NOTE.
Congratulations again,
Eugene
confirmed through their website, was the owner of the NOTE.
Steven
August 24, 2010 at 8:15 PM
The Judges are in denial with what’s taking place; I often wonder how many of them are being paid off. Do a search and check out Jerome Daly case and check out HJR 192… When you review this I start to wonder how many Judges really know what’s going on or really care.
The flag in the courts have gold trim on it which is a Military Flag that’s now being displayed… we are not operating under common law or based on Constitutional law any more. We are not people, we are considered what is known as a Strawman, and we are now operating under their commerce… check out HJR 192.
The USA is now in its 4th Bankruptcy. We have all been mislead and misinformed of the FACTS and the TRUTH…. The attorneys are an Officer of the COURTS… therefore I wonder why are we not seeing more cases won by attorneys. Is it because they are an officer of the court.
The banks never borrowed any money… they created a debt out of thin air and then created an accounting ledger showing there’s a debt owed, they do not apply or follow GAAP (General Accepted Auditing Standards). If you and I printed off money we would be in JAIL.
They violate and commit FRAUD and get away with it because personally I feel the JUDGES and ATTORNYS are either paid off or are CHICKENS and their afraid to oppose the System or oppose the Federal Reserve. Look what happen to J.F. Kennedy he died because he was going to compete with the Federal Reserve with money backed by silver.
The banks got paid by the Federal Reserve. The original note I feel has been destroyed, but they make copies of the note and sell it over and over again, there’s so much Fraud and counterfeiting and racketeering taking place it would make you sick and it should.. In fact you should be OUTRAGED because if that was you or me we would be Arrested and tossed in Jail.
Do a search for the following book; Top Secret Bankers Manual, read this book it will open your eyes.
Now one thing that you might want to look into as so should anyone else reading these response is how to file against the Judges Bond. I’m not sure how to do this. But I think if “WE” could learn more about this then the Judges would soon realise we are catching on and we are not as stupid as they think we are.
NO ONE SHOULD LOOSE THEIR HOMES BASED ON the FRAUD these lenders have committed and lack of FULL DISCLOSURE. We need to learn how to attach the JUDGES legally, morally and ethically that would hurt them and I’ve heard that going after their bond is one way to create some serious issues.
We need to learn how to FIGHT the enemy. The ENEMY is the JUDGE allowing Foreclosures to take place and allowing the FRAUD to continue or there particapating in the FRAUD and no one is calling them on it.
(Because of existing and recently enacted State and Federal Laws (Federal Law Title 18 U.S.C. Section 1014) making it a felony to participate in loan fraud)
With that said I wonder with each Foreclosure they allow the lender to close on are they not taking part of the Fraud and participating in the Fraud…. after all their doing nothing to prosecute the lenders, service providers (etc) allowing them to continue to foreclose and take your home away.
Again this is where “We the PEOPLE” need to be thinking out of the BOX and mastermind and figure how to attack the Judged and send a clear message saying enough is enough…. again I heard all Judges have a bond. If anyone knows more about this please let me know or if anyone knows what else we the people can do to let these Judges know we the people NO LONGER will stand by and allow you to take our homes please enlighten me with information that I can share with others. God Bless America… STAND up and FIGHT to KEEP your HOME.
hi , does anyone know american loan service ? Wells fargo has it . I tried using mer to look up with no luck . I also look at my courts world savings , wachovia then wells fargo with no luck as well . I dont think they ever recorded anything . I filled a answer with the courts after i got the complant and i havent heard nothing back . I have 2 morgages with the same and they are going after the 2nd .
I am suing MERS and Chase for all of the conduct talked about in this blog. under the Fair Housing Act of 1964. Bank of American just got nailed for $ 355 million dollars in fines by the U.S. Dept of Justice and my suit intends to do the same to ther big bad bankers and fraudclosures. please sign my petition to Secretary of U.S. Housing and Urban Developlent Shawn Donovan to stop all of these practices as violations of the Fair Housing Act of 1964 and 1986 u.s.c. 49 c.f.r. 150-200.
thank you david black
David F. Black. A.A., B.A., M.B.A., C.D.P., D.B.A.Candidate(Pending), DAVPRM(DOD), D.O.D./V.A./S.S.A. 100% Permanent and Total Disabled U.S. Navy/Cold War/Vietnam Era Veteran by VA & SSA(Adjudicated) DAVPRM E3/Midshipman, USNR/USN, USNA ’69, Annapolis, Md. National Security Agency, Ft. Meade, Md. ’63-’65,Jimmy Carter White House National Federal Treasury Dept Mgt Intern/IT FINANCIAL ANALYST/OCC-75’77, U.S.S. Drum SS 228, Silent Service, DE-680 Destroyer Escort, U.S.S. Loeser. Permanent Life Member of Disabled American Veterans & Vietnam Veterans of America, Member Uniformed Services Disabled and Retirees Veterans Association, http://www.usdr.org, Member of Veterans of Foreign Wars. In memory of Lt. Orrin F. Black, U.S.N. Retired & Deceased, WWII Combat Veteran Battle of Atlantic, U.S.N.A. class of ’31, Annapolis Md. (70199), Cdr. Richard O. Black, U.S.N. (ret & deceased) Class of ’57 U.S.N.A. Annapolis, MD. Vietnam ERA and Cold War Veteran, Sgt J.D. Black, U.S. Army/USAR Iraqi Freedom Combat Veteran, First Command Master Chief of the Navy Dilbert Black, E-10, U.S.Navy (retired, deceased), U.S. Supreme Court Justice Hugo Black, who taught me in his famous SCOTUS decisions and a distant cousin of mine, as a minority, Cherokee Indian and Disabled Veteran, studying and reading the law to become a lawyer in Virginia, about civil rights for EVERYBODY in the U.S.A.
I needed to sell my home because a military base closed and I needed to relocate for a job. The home is upside down and lost 100k value in two years. My life savings were in that home. It is a long story, however I just found my home was in the MERS system.
I want to fight to keep my home.I paid the mortgage companies a fortune in interest payments. I checked the county records and Wells Fargo is foreclosing on it. The court records do not list Wells Fargo, only MERS and the original mortgage company.
Any suggestions? I am in NJ. Thank you for your insights.
Look at your paperwork when you closed on your loan. Go to the MERS website, it will give you some info on the loan as to who is the owner of the morgage and note. Go to New Jersey Legal Services, http://www.njls.com, that’s a great website to advice you of your legal rights. Don’t be afraid to hire a lawyer that fights for homeowners in your area. Also, to find look at http://www.njcourts.com is the state website where you can look up the vincage that represents your county and then look up the court calendar that will give you court dates and cases and who represents who on both side. There are some good websites that will give you and idea of how to fight your case, but you have to be willing to put up a good fight. the main problem in N.J. as elsewhere, is that the courts, judges and the bank’s lawyers are all up against the homeowners who really think they have a real legitimate case. Don’t get me wrong, there are a few good judges ( #1 is in Atlantic County) that at least giving the homeowners. Unfortunately, I’m in Bergen County, where the only care about how many payments you have missed on your mortgage as if they were debt collectors. They don’t want to follow the the law as it is written. They just follow the bank’s evidence as the law. In my case, twice, the bank’s lawyer and a judge both referred to a previous case about
homeowners (and myself) trying to take too many bites out of the apple ( referring to the law and the court system ) as if the apple was theirs and theirs only to protect. The problem, as I see it, is that they are the ones who are eating the apple from the inside and rotting the apple. They are only protecting the image to their benefit. All you have to do is listen and look at the news and internet to see how they have corrupted the system. The only thing you can do is put up a good fight and keep fighting.
Best of Luck,
Eugene
My mortgage company denied our modification requests repeatedly, but with the last requests we were told that the HAMP mod was denied, but that we were placed in review status for another mod and promised in writing that our home would not go up for foreclosure sale 30 days of receipt of notice (6/21/10). Needless to say, our home was sold on 7/6/10 at a foreclosure auction. We received a 3day notice to vacate and went to the scheduled hearing, the judge at eviction court postponed the hearing when he saw that we had proof. Also, home was foreclosed by first lender; we’ve had three mortgage lenders (legal standing matter?)This would be a good time to file a law suit but with little funds and little time, it’s touch figuring out exactly what to do and who can help. This is a really helpful blog.
1) To prevent a Summary Judgment you need to show MATERIAL FACTS in dispute. Sounds like you are beyond the Summary Judgment hearing in at least one of your cases, but a quick motion for rehearing of the motion may work if still within the time allowed in your state.
2) If you have any money save it for a real lawyer, don’t spend it on filing fees for a cross complaint.
3) Suggest you IMMEDIATELY seek out a competent attorney who does foreclosure defenses as part of, or the main focus of his standard practice.
4) I do not know what state you are in, nor the process and laws that affect you. Sounds like you have been unable to efectfvly represent your self and have been bamboozled, like many people are, into believing that on going negotiations with the mortgage servicer will prevent the Note folder from foreclosing.
If you want to keep your home, or prevent a judgment for the balance being recorded against you, you need a LAWYER now. Probably the best money you will ever spend, or borrow from your relatives.
Good that you had the evidence and a receptive judge. Problem is you only have a stay on the eviction. The Judge probably did this so have time to retain a lawyer who can file a motion to overturn the Summary Judgment and Sale. Either way, it sounds like you have an up hill legal battle.
Overturning things after the fact is more difficult than defeating the motion in the first place. If you want to fight to overturn them you will need professional help.
On the other hand you have the option is to walk away from the debt and home. Maybe giving the keys to the bank in exchange for a few thousand cash and an agreement not to trash it on exit. But if you do they can still get a judgment against you for the difference between the sale price and what you owe. Another option is bankruptcy.
While there are nice people here, and we try to help each other, most of us are swimming with the tide and not fighting to overturn judgments that have already been. Quite a few of us have lawyers on our side too.
To fix your situation, if it is fixable, you need pro help from a professional foreclosure defense attorney. Your best bet is probably to post the name of your state and a request for known GOOD foreclosure defense attorneys in that state. Get you file in order, and immediately go see the attorney, or a couple of them, to find out if you have a realistic chance.
Be prepared to borrow now to pay attorney, rather than later for a moving truck and first, last and security on your new rental home. Be prepared to go bankrupt if that is what it takes.
That you were on review for HAMP suggests you have some income and therefore could pay an attorney, but be both careful with your selection and quick about it.
The attorney needs to be able to file to set aside the sale and any prior order that allowed the sale to take place.
The whole area of banks and their handling of loans needs to be investigated in detail. It isn’t only homeowners’ mortgages. The FBI or federal bank regulators should look in depth at the way banks handled their commercial real estate and construction loans, specifically the calling of good loans under the banks’ “at will” clauses, and the con games played to get valuable properties to special friends (insiders?) at pennies on the dollar by bankrupting owners, developers and many tiers of businesses and jobs through verbal fraud and legal trickery.
Businesses don’t have a chance against these legal teams running such con games and their court connections.
For a prime example, see the story of jjim120 at bkforum.com.
I have been fighting a forclosure thru my attorney for the past 1yr 1/2. A FWOP was posted on docket on behalf of court which means a for want of prosecution which means the Plaintiff in this case the bank has not given any movement or response for the last year and the court has set a date of 8/31/2010 for them to response otherwise the case will be dropped by the court. To my surprise they haven’t been able to provide the request for production made by the attorney for the promissory note, but now that they are against the wall, the response tthey have filed to the request for the production is a (notice of filing) payment history, and therefor requesting for a motion for summary judgment again and motion for default. Can anybody clarifty if this is enough or is it really another joke played on behalf of Bank of America, who apparently now ownes the mortgage. But initially it was bank of Arizona, then Countrywide and last Bank of America. I really doubt they have this note. But don’t really know if by showing a payment history they can really challenge the initial request made by the attorney asking them to produce the note. Thanks to all!
hi , im new to all of this , i was foreclosed on and i files an answer . Now im looking a demand letter , is there a time limit to file this ? Im in pa.
also i did a search for everything and the only thing that is recorded is my 2 mortgages . World savings sold to wachovia and then wells fargo .
Nothing else has be recorded , am i not doing this right ?
You probably will not find the Assignment of Mortgage recorded in the public records in your name – because you are not a party. It is between bank A and Bank B who are the parties.
Try looking at all the assignments of mortgage that list the Plaintiff (bank or company filing suit against you) as one of the parties, in the date range for a month before and a month after commencing the action.
You may be able to find a “Notice of Lis Pendens” with your name on it, depending on how the clerk records the notice and if your name was first on the list of defendants or last.
You should see if the court docket sheets are on line. There is a difference between public records, and the records about a legal action that are recorded in the docket sheet at the Clerk of Court office.
Does the answer you filed comply with the legal requirements of an answer in your state? There may be a legal “pro se” help office, law library or public defenders office who can look at the complaint and your answer and tell you if it meets the rules for a legal answer or if you will be laughed out of court.
I recommend you hustle down to the court and get copies of everything that is in the file which you don’t have copies of yet, along with a printout of the court docket sheet. (You may be able to get the docket sheet of the web)
I think what you are talking about, when you say demand letter, may be what a lawyer might call a “Request to Produce” but not being from your state I don’t know how anything about the civil process there.
Based on your standard of English in your message and outline of your case, I strongly suggest you consider searching out and hiring a GOOD foreclosure defense attorney, who practices in your state, preferably some place in or near the county where the court is located.
You need good help quick. Unless you are prepared to walk away I suggest finding a way to pay for an attorney.
my original mortgage note is not being produced by plaintiffs attorneys and the judge so far hasn’t allowed final summery for closure. its been cancelled or postponed 5 times. Does any one know if a wrong address on the mortgage note (its a townhouse so the lot and block # of 5 homes is the same, maybe my entire community is the same lot and block #) , or if the warrenty deed was filed 2 weeks before settlement is anything i can use for motion to dismiss. thank you so much
I do not know what you mean by wrong address. Most properties have a legal address that includes range, township, lot etc.
Is the legal description wrong, or is just the house number on the mailing address wrong?
What is critical is the legal description. This should EXACTLY match your property deed and original title document by which you obtained ownership. Some mortgages have the street address on the first page but the legal description as the last page or an attached exhibit.
If the legal description on the mortgage and the properties legal description on your title do not match – GO see a lawyer NOW.
Re: “original mortgage note is not being produced by plaintiffs attorney” you may move to dismiss the action if they don’t have note AND have not filed a count to re-establish he lost note. Do they have any real proof that they were in possession of the note when they filed the action.?
If more than your unit has the same legal address then that causes incredible problems, for you and your neighbors. I think this very unlikely but anything is possible. Start looking your property and your neighbors properties up in the county records. Also see what legal address is on file at the tax assessors office. If you and your neighbor have identical legal descriptions, both of you go see a lawyer NOW.
Have you gone to the County Recorders Office and looked up if the Deed of Trust Filed. You should do this to see if the Company or Individuals Filing the Foreclosure is or are the Trustees on the Deed. If not they, the ones bringing the forclosure action against you may be comitting Fraud.
I was in the middle of a short sale. I went to the county clerks office and found that my refinanced loan is not recorded in the county clerks office. in other words, the deeds of trust is not recorded. ( I had the house refinanced, and the first loan is recorded and there is a satisfaction note recorded for the first loan).I haven’t paid my mortgage in over one year. Th reason why is my wife lost her job. Just recently, a laywer representing the title company calls and wants me to resign the deed of trust. I didn’t know what to do, so I told them if they paid me $2000, I’ll resign the papers. Before I knew it, they agreed to give me the requested amount. OK! I don’t understand what is going on, but I think the title company is trying to get things in order for the bank to foreclose. Please help!!
Do NOT sign anything. Do not cash a check if they send one. RUN do not walk to a GOOD land law attorney. INTERVIEW several of them.
It is possible they have bad documents and cannot foreclose, or possible the document they want you to sign for the 2,000 is actually an agreement for you to give up your house.
Do not enter any further agreements without competent legal advice.
From Edith Renfroe: How do you get this? “MERS Invstor ID site as “investor”. I’ve been able to find anything for one of our clients but am also wanting to find out about the investors. We’re really just checking standing and holder in due course. Thanks.
I do want to thank this site. I did stop the sale of my house that was set May 19th. I have searched the suit records in our parish court, yes, I’m in Louisiana which has different laws, and in all of the foreclosures, none were contested. I am no lawyer, I am about to file request for production and request for admissions. My hearing for the rule for injuction is on Aug 16th. I am in Lake Charles. Anyone suggest an attorney in my area, Deutsche Bank has major attorneys, I’m scared.
When Katrina hit, they changed the laws in Louisiana to make it “easier” for the government to “fix” up homes in New Orleans. They basically changed foreclosures there so that the homeowner doesn’t have to be present. There were attorneys in LA who were upset about this move.
I wish that I could recommend somebody, but I just don’t know anybody.
I stopped my foreclosure dead in its tracks when I found a completely fraudulant document at the recorders office! Recontrust / Bank of America are filing Successor Trustee Assignments by the thousands and are signing them with signature dates that don’t match the Notary date. This is vital. A notary stamp and signature is VOID if they are not date the same as the signature of the person before you. You must be sitting with the notary at the time of signing. Period. No arguments there. All 3 of my nearby counties have dozens if not hundreds that are dated incorrectly and therefore VOID…= Foreclosure must stop NOW, and / or if the foreclosure has already taken place it was done in FRAUD. As the trustee can’t foreclose on a property without a perfected and proper transfer of successor trustee of record. CHECK YOUR COUNTY RECORDS! Feel free to fax me with a copy of your docs and your contact info for inspection for FRAUD. 503.210.0297
I have one of these, with mismatched dates too. Then they tried to correct it by filing a “Corrected Assignment of Mortgage” in the public records, months after the action commenced, executed in Oct 2009 but claiming it was recording a prior assignment in 2007.
Jennie, you are in the loan closure business. I am not exactly sure what you are doing here. Your advice to check the notary dates is good. While I think it good that you are pointing out the flaws to others, maybe you need to be careful in suggesting you are an expert on detecting document fraud.
It is good that you are prepared to help others find avenues of defense. Maybe, since you are a notary in the business of facilitating original mortgage contracts, the better thing for you to do would be to put together a list of items for people to check on their own documents.
People, sending off your docs for someone else, who is not a lawyer in your state to look at, may be wasting time. (never send originals) Your FIRST need is to file an Answer to the complaint. This is JOB number 1.
Flaws in documents come second. Most states have a liberal rules on allowing modification of your answers and defenses after filing them on time, with wording like “to conform to the evidence” should you discover such issues in the process of discovery.
Document flaws may prevent a summary judgment, but that just prevents the lender from premature termination of the legal battle. A good and properly drafted Answer and Defenses will tend to head that of to start with. In most states they can’t even get to that stage until after you have filed an answer, unless you fail to file one.
The most important thing to do is make sure that you don’t miss the deadline for filing an Answer, which is often only 20 days. An Answer that legally matches the enumerated items in the complaint.
With and as part of that Answer you should also list your all your legally allowable defenses. A legal answer and your legal defenses are quite diffrent from your version of the story or a general list of complaints about the lender.
The legal defenses available are normally listed in the Rules of Civil Procedure in your state. What you think is an answer may well be completely legally insufficient. Get competent help.
It is a VERY good idea to get a lawyer to file your Answer. I cannot stress this enough.
If you really can’t afford or obtain a lawyer, (Because you spent your last nickle trying to make mortgage payments) then get a good sampling of at least 10 professionally drafted foreclosure Answer pleadings, along with the complaint they are answering. Match them up. See how the “Answers” numerically match the items in the complaint. See how the answers come first, matching each enumerated item in the complaint, then plead defenses second.
In most states there are often very few things that can be an answer to one of the numbered items on the complaint. NOTE: You are NOT being asked for an explanation.
Find out if legal aid will help you draft your Answer and Defenses.
If you are on your own, find out if you have a “pro se” self help center in your county and go there – if not then find a legal library where you might find help from a librarian.
Find out if your local law school has a program for law students, under supervision of a lawyer, to offer advice and help. Some states allow this and some don’t.
I am finding a number of fraudulent foreclosures in Florida by the Irwin Mortgage Company / EverHome Mortgage Company / Shapiro & Fisherman, LLP mob.
I find back dated documents that claim to be Assignments of mortgage that are not. They my be titled “Assignment of Mortgage” but the contents are mere affidavits alleging a prior un-recorded and un-documented assignment. I also find numerous cases where the Assignment is filed AFTER the action commences, which goes to the issue of lack of standing when the action commenced.
I am also finding evidence that strongly suggests deliberate document fraud, falsification and deliberate fraud upon the court.
I cannot offer you legal advice, but if you contact me I can share some of the information I have found.
Even if you are an attorney, you may find some of my work will save you hours. Both in existing documents and rulings, and some basic research on FL State Statutes that may be useful.
My information applies to Florida ONLY. I have no experience in the courts or laws of other states.
I have a mortgage in foreclosure that Shapiro & Fishman are defending.
My Loan belongs to an Asset Backed Securities with cut off date of May 1, 2007, however the assignment, which came from MERS, happened February 13, 2008. The assignment (which was recorded in the county records) has Not A Certified Copy. I had a Motion for Final Summary Judgment, which I was successful in postponing. I’d love for you to share your findings.
Thanks
James M
July 4, 2010 at 9:53 PM
You said you would love to share my findings on Shapiro & Fishman and the various assignments of mortgage.
I am not sure how to send you a private message through this web site and don’t want to get scooped up by the spam bots so contact me by email at James followed by the letter M at the wonderful web mail service of unforgettable dot com. We can then exchange direct email.
Hi Tammy. This is James. First let me state that I am not a lawyer, but maybe I can provide some useful information and suggestions.
I am not sure how to send you a private message through this web site and don’t want to get scooped up by the spam bots so contact me by email at James followed by the letter M at the wonderful web mail service of unforgettable dot com. We can then exchange direct email.
I am a Gainesville attorney defending a Suntrust Mortgage foreclosure that involves an allegedly prior but unrecorded (and probably undocumented) assignment. I understand that this goes to the issue of lack of standing when the action commenced. May I contact you directly to discuss this? Also, some discovery documents focusing on this issue would be helpful. Thank you.
James M
August 7, 2010 at 7:00 AM
Sure –
James followed by the letter M at the wonderful web mail service of unforgettable dot com.
We can then exchange direct email.
Mauri
January 25, 2011 at 10:58 AM
Dear Mr. Scott,
On september 2010, we declare on Ch 13 due to a loss of one of the
household incomes. Our bank, Suntrust, did not want to agree to a loan
modification after presenting countless valid reasons to them. My wife was
able to get back on her feet and produce some income which we thought the
bank would accept as means of negotiation for a loan modification. In the process, we learned that the first loan was only being serviced by Suntrust in behalf of United Bank, which is the Trustee
for WMLT(I believe it stands for Washington Mutual). The second loan
(unsecured) was erased from the map due to a court order. Presently, we are
paying a monthly amount thru the bankruptcy court in order to pay for the
first mortgage arrears and a car payment. On the other hand, our lawyer has
been very methodical on dealing with this issue an has done a lot to help
us stay in our home, however, this is his first bankrupcy case and I
believe his inexperience on bankruptcy matters is depriving us from missing opportunities to deal with the bank and getting this loan refinanced or better yet looking if really we
have to be paying them after all the mess in the mortgage market.
Here’s a letter we’ve finally written to our Congressman, Bill Owens, corporate officers of Royal Bank of Scotland Group (the parent company), corporate officers of CCO Mortgage, appropriate Federal offices, and others regarding our experience with CCO Mortgage.
I urge anyone reading this to be very cautious about getting involved with CCO Mortgage.
Dear Sir or Madam,
My wife and I are having financial difficulties during this time, as so many are.
We applied for a modification of our mortgage with CCO Mortgage in January of 2010. We don’t understand what is happening but fear we are getting some kind of run around that may cost us our home.
We have faithfully filled out every form, submitted every financial document, and answered every question that CCO has asked of us. But we are told week after week that the person we need to talk to, Tina, is not in the office—and to call back the following week.
This has been going on for approaching 6 months. On May 28, we received a letter from CCO stating, “YOU COULD LOSE YOUR HOME,” demanding a payment of $1,915.27 before June 27, 2010. We have no hope of pulling this amount together by that date.
Naturally we were very concerned and called CCO. The gentleman who took our call indicated the letter was just a “legal formality” and that our house was not scheduled for sale “at this time, so not to worry.”
I stated that I believed the letter gave CCO the right to seize our house, which didn’t seem right as we have been trying to arrange for a modification for nearly 6 months—and that it was being held up by CCO itself.
We were again told that the application was simply awaiting approval, but again the woman we were supposed to talk with, Tina, was not available this week—we should try calling again on next Monday.
I objected saying I couldn’t understand how this situation has gone on for so many months and asked to talk with a supervisor. I was told that I couldn’t, but that the person taking the call would pass on my request to the supervisor, who may or may not respond.
We are beginning to fear that there is some deadline that we are not aware of for the Loan Modification program and that CCO is stalling us until it is too late—or perhaps racking up fees and interest to increase their profit or something similar.
I am also contacting the Better Business Bureau and the Franklin County Community Housing Council to seek their assistance. I am lucky enough to have over 10,000 Twitter followers. I believe it would be useful to post our experiences with CCO Mortgage to a large, public audience.
Great to see you New Yorkers fighting the good fight and congratulations Carol on a great site and wonderful meeting place for us. I’m wondering if any of you legal brains have good intelligence on cases where the three year statute of limitations for rescission has been breached using the equitable tolling argument? We try to focus our triage on those within the statute and have an actionable (rescissionable) violation of TILA but may very will very soon be at arms with several banks over this issue..
Also, we have built a platform and will share it which aggregates potential class members for cases against lenders.. Any comments appreciated… The platform is http://www.bankclassactions.com thanks every one.
For those whose home loans originated with WaMu (now Chase)
Are you ready to join the fight and SAVE YOUR HOME?
WaMu has allegedly defrauded hundreds of thousands of homeowners with unfair, deceptive and perhaps illegal lending policies and practices. Many of these homeowners are now facing the possibility of or are in foreclosure.
· We are not attorneys, and do not practice law, although many of us are well-educated
· We believe that we have been (allegedly) defrauded in our home loans by WaMu
· We meet by phone weekly, and have a proprietary website where we share information and ideas
· We are developing a database of (alleged) fraudulent lending policies and practices by WaMu
· We hope that the information we compile helps us all to decrease the cost of legal fees, and to increase the knowledge of our attorneys by mutual participation and sharing of fact and State and Federal laws
What we are fighting for:
· We are fighting for our homes and yours
· We are fighting for justice against the perpetuation of WaMu’s (alleged) fraud by Chase and the FDIC.
· We are fighting to make Chase, the FDIC, the OTS, and others to be held accountable and responsible
What we can do:
· Together, we can ensure that individuals from these corporations can be deposed as material witnesses
· We can unite through our stories and our individual loan nightmares to make our voices heard
· We can educate journalists, attorneys, and other homeowners across the country about the (alleged) fraudulent lending by the now defunct major lenders, especially WaMu, and the corporations that are currently aiding and abetting this (alleged) fraud, including the wholesalers, securitizers, and their loan servicer partners.
If you are a WaMu homeowner who believes their loan was potentially fraudulent, or that you are a victim of allegedly unfair and deceptive businesses practices of WaMu, CONTACT US TODAY!
We may have information that is vital for you and your attorney. And you may have information vital for us. Consult with your attorney, if you already have one, to determine whether sharing research and investigation with other WaMu homeowners is in your best interests. We may be able to decrease your litigation costs.
YOU can take FACT AND LAW to the only place we Americans have left to defend our property and legal rights – a court of competent jurisdiction and the court of public opinion. WE are growing stronger every day! THEY are growing weaker! THEY never counted on the internet and the power of social networking to expose their alleged fraud! …Now it is OUR turn
Other areas should see some of the work being done in Suffolk County, New York despite budget cuts, no money, good, ethical attorneys barely hanging on themselves, and jammed court dockets. http://www.carolryderlaw.com has some guidelines. You may have heard of Suffolk because a lot of celebrities live out here in the Hamptons or, for those of us in the real world and on this site, because of the Hon. Jeffrey Arlen Spinner. He famously tossed out a $525K mortgage for lender abuses. Now, he and other wonderful judges and attorneys helped set up a pro bono program for people in mortgage crisis. He marshaled the members of the Suffolk County Bar Association, all of Touro Jacob D. Fuchsberg Law Center (a.k.a. Touro Law School, founded on principles of using the law to do good, and in a new facility across from Federal AND NY State courts, which lets us use the facilities, interns, clinics, machines, Professors, attorneys, etc.), Nassau/Suffolk Law Services (just like Legal Aid) and has us all working pro bono to work out loans and keep people in their homes. We have interns doing the preliminary paperwork, while we sit in conference rooms waiting for the next person in line to be brought in from a waiting room full of poor people scared to death they will come home to changed locks (or “yellow tape across my door” as some poor man told me at 10 at night). Then, we have more attorneys out there in Judge Spinner’s courtroom (or other courtrooms-there are so many foreclosures the Suffolk courts had to open up satellite sites) banging out settlement conferences.
Although Suffolk County has the highest foreclosure filing rate in NYS, it has double the “save” rate in NYS.
Oh, and by the way, I left Wall Street-thought I was doing zippo to actually produce anything, and I felt a very bad feeling about what was going on (not quite high enough to be “in” on the fraud but high up enough to smell a lot of rates) and felt by becoming an attorney I could actually do good, and I am thrilled I can. Oh, and all those lawyer jokes? Change them to “Wall Streeters”. Why don’t sharks attack Goldman executives? (Prof. courtesy) What do you call 100 Goldman executives at the bottom of the ocean? A good start. Just like what is going on out here-a good start (but the worst is yet to come).
Hello Carol:
Just linked to this site from LIVINGLIES site, have you seen it? check it out. Just wanted to say thank you as a hard working,law abiding american, I cannot stomach the illegalities in this foreclosure “crisis” for doing so much, pro bono, for people who are “scared to death” that entities who have no right to even contact them are stealing their homes. I speak as one who has been there. If I ever can get enough money together to sue these imbeciles to the ends of the earth, I will do so. I am really angry over this issue. Keep up the good work. Regards, ian Sopko in NE pa.
beware of http://www.mortgagewars.com it is a scam. They took my $14 for their e-book and never heard from them. I sent them email to cancel & they will not respond.
I have the inside info about the fraud in the mortgages which will continue until there is an honest judge declaring me alive. Yes, it is that simple. Series of frauds using the estate of Honey R. Siegal deceased created by attorneys at the top. Obama and Napollitano. Indict them already and save the US. HRS
If you own something like a home with a Bill of Sale . How can a forged Bill of sale transfer that Home to anyone else. . By the way the Bank has foreclosed upon the home and says they don’t care if someone like the individual they loaned money to signed saying that she owned the nome. Again. How can the Home change into their hands if she didn’t own the home to begin with.
Any lawyers would you try and explain this to me. I just don’t get it.
A criminal act makes the bank legal owner of My Home ?
Jerry ttcb77@yahoo.com Please respond. We are in a legal battle for my Home’s life . It is 1890 built and needs help as well as Me .
1…My mortgage was assigned from Mers to Deutsche Bank 2/2/2010 by Kathy Smith from LPS. American Brokers Conduit which was my lender and they went Bankrupt 3 years ago.
2…My wife is in foreclosure with Duetsche Bank. Someone forged my name & initals on the adjustable rate rider. The loan is in my wife’s name, I only signed with her on the mortgage. You can clearly see it is forgery.
One of my clients has the same thing. Which county are you in? Perhaps a bunch of them were signed the same day to correct Alpharetta GA DOCX assignments
ATTENTION ALL WITH INDYMAC LOANS & DEUTSCHE TRUST!!!!!!!
We are looking for all that have a loan with Indymac and/or Deutsche Trust. In an effort to support and substantiate the massive fraud that is being perpetrated by this bank against all homeowners, we need you help. This information will be used and provided to the SEC, FDIC and IRS to aid in their investigations against Indymac and Deutsche. Any and all info will be appreciated, helpful and will only be provided to the SEC, FDIC and IRS. Please contact stopindymac@gmail.com for more info.
Greetigns Dave, You should know that a deal was made by the FDIC and Duetch Bank with several “connected” investors. The FDIC agreed to cover any loses the investors took if they bought the Indy portfolio, this has led to these invstors refusing to negociate short pays or loan modifications regardless of the situation.
Eugene Villarreal
June 23, 2010 at 4:28 PM
There’s a great short video on http://www.mattweidnerlaw.com that shows some the names of of the investors.( Robert Dell – Dell Comptuers is not listed, but is an investor ), and how a short sale is divided up. You must see the video.
I was just about to leave the 4closurefraud web site when I saw this 2nd request for help.
It just so happens … in my article notes – I came across case #16-2007-CA-003840-XXXX-MA,
from the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida – to wit …
April Charney, ESQ had filed a ‘Motion to Dismiss’ against Deutsche Bank National Trust Company.
A ‘Motion to Dismiss’ stops the foreclosure clock and gives you time to get your ducks in row.
Not being a lawyer myself – I can only say, If I were in your shoes … I would contact Ms. Charney’s
office, as she regularly mentors and gives seminar – training sessions to lawyers and judges … regarding case law … in fighting foreclosure.
At the bottom of the case # just mentioned … there is a contact number for Ms. Charney …
904 356 – 8371 ext 373
Best regards …
edith renfroe
June 18, 2010 at 4:37 PM
06/18/2010
Hi,
Same here in my case – initial “pretender lender” American wholesale lender ( CFC) – srevicing agent Bank of America who by the way is also listed on the MERS Invstor ID site as “investor”.
DB is sueing as “Trustee for Harborview Mortgage Loan Trust 2006-05”.
Interested in hearing your situation . Best regards, Edith
mark
January 31, 2011 at 3:27 PM
Hi, In big battle with Deutsch law suits, appeals, etc. would be interested in a class action. drop me a line at the above email. We should calaborate. im in Colorado.
hi tim thank you for your advice. i am on the hamlet if you join you can really help all of us on there. http://www.foreclosurehamlet.org. in reguards to dissmissal with predjidice. i have not gone to court yet. most likey tha court summons, lispendens, will come next month. yes i hope the judge has a hey day with wells fargo the hacking and moving my file, then the lost file with a denial of hamp all while i have a tracking number and signee. all a game. they were jst counting on me NOT saving the tracking number or even if i did its agame whether i can find the number and then what to actually do with it. well i went into 5th gear and wrote my area senator. sent them my info, i faxed a sent aletter return receipt requested to wells fargo about his situation. so now they have me back in the hamp program but i have to re apply and what about the pending foreclsoure. so is it his pending foreclsoure i address or the court appearance. we are pre-court right now. do i write a letter to wells fargo now stating they need to dissmiss any further foreclosure proceedings with predjeduce or i can ot re apply to hamp. they want to foreclose on me but at the same time colect money from for hamp? what a freaking way to make a buck. please advise. do you think i have astrong foreclosure case?
Nice empty words…
I (tiredly) filled up the form with the following:
As before, the servicers (BOA & Wells Fargo in my case) are creatively doing everything to AVOID working with the borrower. Their letters, phone answer messages, and media statements are filled with the words “help”, “care”, “avoid”, “we are here”, and such. However, these words, as well as their self-assuarance that fraud may be legal and accepted for TBTF, are empty.
We have facts, we have willpower to find the truth, we are not afraid to have a stand in the courtroom. We can’t do it alone. The Judges should be awake with the open eyes and ears. The authorities, as public servants, should do just that – serve the public. And the fraudsters should get what they hard-earned and deserve – severe punishment.
We all are in the situation reminding of an emergency room. The help is needed NOW, and not after 1-3-10 month reviews with the trail of lost docs, abuse, lies, misplaced and stolen funds, junk fees, and on and on. All said above applies to my account as well as to MILLIONS in all states.
I am a perfect witness of the brazen abuse by the servicers. I am ready to testify. Complaints and requests to all available (and unavailable) authorities have not helped for the last 30 months. We are still at square one.
My name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom had a terminal illness and was oxygen dependent. My mom studied diligently to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure.
We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told it was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sued us in unlawful detainer court, they are trying to evict us. My mother was fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing arguments about how we were robbed of our home was irrelevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout that no one might help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff lockout, but to no avail. We were given an additional 24 hrs cos we still had a lot left to pack, the locks were changed but we were allowed to stay until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She cried and he told us that we had known for 2 weeks on what date we had to be out, that was time to have made arrangements. Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like dogs. It was a hot day, I loaded her machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I had no plan. My mom was in shock and had never asked me what we were going to do, she always had it figured out, everything had changed. I didn’t want her see me worry So we went into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere.. So we didn’t have any money for a room and had to sleep in our car, the oxygen concentrator was a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. It was a nightmare. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting name is Brooke Noble, I need to tell the story of how Wells Fargo killed my mom Marsha Kilgore whom was elderly, had a terminal illness and was oxygen dependent, yet was forced to learn enough of the law in order to sue Wells Fargo for a wrongful foreclosure.
We purchased our condo in 1990 for approx, $80,000 with a $20,000 down payment. Then in 2006 my mom was solicited for a loan with World Savings Bank, she was told was a fixed rate mortgage so she signed for this pick-a-payment loan, later that same day we read the details of the loan documents and found that it was NOT a fixed rate at all and several other inconsistencies, so we canceled within the allotted time frame with the right to cancel form provided, yet it was not honored. In 2010 it became Wachovia and we applied for a loan modification and were advised by their agent to miss 3 payments in order to qualify for the modification, (this practice is called dual tracking and is illegal now) Then we are told we did not qualify for modification and are in default, no partial payments could be made. So foreclosure procedures had started, and Wachovia became Wells Fargo. My mother and I dug deep into our documents, and found robo-signed docs, fraud, and forgery of the loan application, so my mom filed a suit against them for a wrongful foreclosure, we were granted a TRO in state court, then it was moved to federal court where we were granted a preliminary injunction prohibiting the sale of our home. Through all of this my mom was growing tired, getting weaker and worn down. We overeducated ourselves, got a loan audit, found the REMIC our loan was pooled into in securitization, we learned how the judges pensions are mixed in with the mortgage backed securities thus the injustice of it all. Representing yourself in court is not easy, it is difficult to succeed with all the bullshit legal babble and fucked up rules that don’t bring about justice or balance. We didn’t know what we were doing, we only knew we were right and we were going to fight for what was ours. In July of 2012 it reverted back to the lender even though there had been a preliminary injunction prohibiting the sale of our home. I was at the auction armed with documents that should have at least postponed it. Apparently breaking a court order is permitted if you are the bank. So shortly after that Wells Fargo sues us in unlawful detainer court, they are trying to evict us. My mother is fighting to keep her home, and her life, she is calling every city official in Fresno to do something for her, she could hardly breath, but wouldn’t stop trying. She had her documents to prove all her claims clenched in her little hand just begging someone to Care. So in the unlawful detainer hearing nothing about how we were robbed of our home was relevant in the current proceeding, so no issue of title could be argued, it was during this fight that I saw my mom suffer the most stress and worry, She had a tank of oxygen rolling beside her, with her clothes too big for her, shaking, and worried to death. Anyway wells Fargo was granted their writ of possession giving us 2weeks to be out. My mom was in denial just sitting and staring, or still continuing to make contacts and fight for the house. I packed up all of our stuff in a daze not knowing what was going to happen just knowing that my toughest days were to come, what were we going to do? We have no family but each other and 5dogs, we had invested the little we had of everything into the fight for our home. I wish we had made contacts with a resistance movement to protest or sit in. Just to have the support of those who know what is going on. Maybe that could have made a difference for us. Instead it was like this.. The Fresno Sheriff department contacted the homeowner association director to inform our neighbors not to be outside at 6am on may 6 2013 during the lockout so that there was no one there to help us. My mom was like “what do they plan to do to us?” and on the morning of the eviction my mom called the police to come save us from the sheriff and the lockout, but to no avail. We were given an additional 24 hrs because we still had a lot left to pack, the locks were changed but we were allowed until 10am the following day on may 7 2013 to be out. I worked through the night trying to get everything out on time, we ended up not able to get some stuff out, but told no more time was allowed for us there and pushed us into the garage. The agent said that everything that we were keeping could be held for us in the garage. We set up a chair in the garage and had her oxygen concentrator plugged into the wall, it needs electricity in order to function, her portable tank holds only 2hours before needing to be refilled , without oxygen my mother wouldn’t survive, i continued moving the things we would be coming back for when we could into the garage. My mom was asking him for help at this point, she said that we had nowhere to go, and no money. She was crying and he told us that we had known for 2 weeks on what date we had to be out, Then he said that our time was up and we needed to leave now and he pushed us out into the alley with our 5 dogs and closed the garage door behind us. Throwing us on the street like we trash. It was a hot day, I loaded my moms machine and dogs into our firebird. I was so concerned with getting our stuff out on time that I really didn’t have a plan. So we got into a backyard of a vacant house in our neighborhood so i could think about what to do. We sat with our feet in the pool and let the dogs run around the backyard. The memory of my mom sitting there utterly defeated and so sick and frail is burned into my memory, with her 2 hours of air left before we would need to get somewhere soon. W didn’t have any money for a room so we had to sleep in the car, the oxygen concentrator is a big machine so i would have to have the backseat folded down and store the machine behind my seat and put blankets and bags around it for the dogs, we would recline her chair back so she could attempt to get some rest. the 1st couple nights plugging her concentrator up at a gas station and a store. After the 3rd night in the car I was exhausted and it was her cell phone alarm to remind us when there was 15 minutes left so I could take it to the same gas station that let us wheel the thing in use their outlet to refill her tank. But no alarm went off and before long my mom was unable to breath and had to go to hospital. I found a seedy motel on parkway dr for $25 a day, My mom was still fighting for the house, she called wells Fargo requesting relocation assistance, and was wanting to appeal the judgement but being displaced we couldn’t locate the documents we needed or come up with or the money within the 30 days we had to file by, so her hope was fading. She was hospitalized again for a few days and I asked the hospital to please keep her for the weekend and allow me to find a better place to stay, as being confined to a small room with 5 dogs is not going to be good for her. I was trying to make arrangements to go somewhere else or have the dogs stay with someone for a while, the hospital couldn’t hold her any longer and was going to give her a taxi voucher to get dropped off wherever. My mom didn’t understand what I was trying to do and thought I was just not wanting the responsibility so was trying to leave her at the hospital. So she called me on the phone and said “Brooke you can put me in a home if you want to.” I broke down crying she thought I would leave her right then just because it was hard? I had no choice to bring her back to the motel room. And her condition was getting worse and I wasn’t going to have her die in some dirty motel room, just as the manager was pressuring us to go because of the oxygen concentrator and energy costs they asked us to find somewhere else. So I found a house with a backyard that was recently bank owned with electricity on that happened to be in our old area and I got inside and we squatted there. We were only there less than a week when my mom needed to go to the hospital again. She was in ICU and her respiratory was failing. She went in October 9 2013, and my mom passed away October 16 2013, within 5 months of us being evicted. I sued Wells Fargo for the wrongful death of my mother, she worked hard her whole life, was in real estate herself and made principle payments on a property for 23 years only to have to walk away with ruined credit? My mom died a broken woman, she came from a different generation when the middle class was thriving, the American dream was obtainable, and there was protection for consumers against predatory loans like this. In the end there was no justice for us. So I believe that murder should be added to Wells Fargos list of the crimes they have gotten away with. I had representation this time but in the end they prevailed somehow, having their Summary Judgement GRANTED then – CASE CLOSED. I don’t see how the case could proceed while I had been incarcerated for the past 8 months (for stealing appliances out of a foreclosed home in Nov. 2014) I can’t stand the bank, always profiting from what the previous owner invested, it is sickening. So now I have nothing but a lot of pain, and anger. There was no justice for us. Not then when we spotted the fraud and filed our suit, not during the foreclosure when the stole our home and granted a judgement in order to evict us, and even today as I tried to avenge my moms death that was completely the fault of Wells Fargo and every dark hearted attorney that they hire. So now what can I do? I am at a loss and what other way can I fight this? I want to feel like I did what I could to avenge my moms death so that I can let it go someday. I feel very cheated and wronged.
I live in Florida and my house has been in various forms of foreclosure for 6-7 years. It was first held up by the Countrywide/BOA thing and then I hired a “hot shot” attorney that staved off going to court for a couple years then got case dismissed before it ever did. He was great. Bank reopened the case, same attorney staved off again until it finally went to court in August 2016 and we won case on statute of limitations foul-up by bank. Bank appealed in October, 2016. Bank dropped appeal in December, 2016. Is that because of the new Florida law? Am I out of options? Statute of limitations was my last defense. Should I hire said attorney again or is this the end of the road?
Am I right that most of the users of this Board go commando without using top-notch skilled lawyers to strategize and to present and argue the facts, legal points, law, regulations, and case law in educating your judge, and then bitch about when the judge doesn’t give you what you want ???
Are you nuts ?
I didn’t get half of my home for free with my ( now FORMER ) lender ordered to additionally pay my 25% income tax on the amount of my Court-Ordered forgiven mortgage debt BY ACCIDENT, and Ben Howard didn’t win HIS foreclosure case outright with the lender unable to collect a single penny from him AND having to pay all the real estate taxes and property insurance on his property for as long as he wants to stay in his gorgeous home near the ocean by Happenstance, it took FIVE sets of lawyers……including two former Florida Assistant Attorneys General to prepare and present and argue his winning case, and I actually had (free) assistance from the government !!!!
PEOPLE, the legal system is a MORASS stacked against you (you all KNOW that)…. I plead with you to seek out and use the brilliant legal minds who have gone before through the jungle cutting the path that wins.
I have lawyers all across the country available to me who charge me NOTHING and will even represent me for free through trial should anyone else try to sue me for ANY reason, and I dare say my out-of-pocket is less than $20 a month, I can pick up a phone and call a lawyer anytime and pick their brain and have them review things…even make calls and write things on my behalf.
I WILL BE GLAD TO SHOW YOU HOW TO DO THIS !!!
I love law, you all know this, but I dare say anyone who ventures before a judge MUST have an air-tight presentation ready, you must educate the judge and show them that they have no CHOICE but to grant you what you seek ??
If you want me to help you find attorneys to talk to, it will be my pleasure. Pick up your phone and call me !!! 954 781-9300
I am a true activist in groundbreaking Florida, land where I have a well worn path and forged untold landmines in the treacherous waters of uncertainty in this ever changing landscape of unpredictability, home to many, many skilled attorneys and properly educated judges, few as they may be.
I’d love to hear your stories in person. If I can point you in a more effective direction, I will be glad to share what I’ve learned in the hopes you’ll join Ben and I, relieved of significant debt and secure in our ownership – but not after a grueling fight the other guys lost.
I’m retired, anytime 9am to 9pm Eastern is fine to call 7 days a week.
Remember, I started in the mortgage industry back in 1965, and am still licensed. This is NOT a solicitation of professional services on my part… I WANT TO SEE YOU WIN !!!
Congratulations for ‘staying in the hunt’ for justice, not just-us….bankers club. Like they say, if it were easy, everyone would be doing it. When the criminalize us for being homeless….after stealing our homes…uhhh, ‘psss, hey God….this ‘anint right’. Please accept my prayers and best of luck….CHASE needs to be dropped like the criminal cartel they are…..go get ’em! trev
Kent yes post eviction but still in the fight. Here’s article in Vanity Fair Jamie Dimon’s $13 Billion Secret—Revealed
A draft complaint documenting JPMorgan Chase’s alleged role in the financial crisis has long been a mystery. Until now.
SEPTEMBER 6, 2017 2:54 PM
https://www.vanityfair.com/news/2017/09/jamie-dimon-billion-dollar-secret-jp-morgan
Back in April author sounding pro WS but makes some sense although he may be seeing the light! http://www.latimes.com/opinion/op-ed/la-oe-cohan-wall-street-regulations-20170402-story.html
Hammertime you and I have been speaking on her for several years. Insight to DOJ files ?
Hey Kent you can pile on with DOJ files just released
I’m now in my second battle with Chase after 8 years. In the new admissions they agreed they didn’t own the note when they filed for foreclosure. Huh I give you one guess how this will turn out
Thank you Dave….your advice today, is as genuine, straight-forward and worth a try…as it was years agao…when we first ‘met’….Idaho…is so rotten that finding ONE HONEST / FAIR JUDGE who is not brainwashed by the LDS Faith….is a hunt for something rare….but do-able….and I need something to do….something productive.
Perhaps I will be that John Doe….and after I put my rack to the dust…..after I join the Fall RUT of the Ages….I would be John Buck or John Bull. . of Johnny come lately….but better late than never. Christ turned the money changers’ tables…I would like to drop a couple banks to their knees…….like they di so many of their fellow Citizens….at the top…those CEO Slugs….are just people….they have to show up in Court….they have to put their pants on….one leg at a time…like the rest of us.
I just may you up on this, the challenge…..and invite 999 others to party with me.
Time waits for no one…even a traveller.
Thank you DangeroooooseDave…you make it fun….you make seeing just how possible is…fun….your gift.-Trev
The problems are pro se litigants cannot pursue class action suits.-
Instruction- Represent yourself as Class Member 0 and disclose to the judge that you know of other possible members. Make a motion that the judge assign a US Attorney as your litigation assistant to certify a CLASS and properly represent the interests of John Doe and Jane Roe #1-999. He has a Mortgage Fraud Task Force Working Group at his disposal.
The judge will either grant your motion or deny it.
If he denies it, this is an appealable error, probably one of many. You may appeal it immediately, or just save the item for your general appeal.
Hello Ms. Kellie:
First off….no, I know nothing about GMAC but i can bet you silver dollars to donuts that the head criminal at this outfit is connected to the pyramid…he/she has too….and therefore I can get to him/her….think of it like this…..I am the lightening/grounding rod ON TOP of the 7 star lifestyle they are living….thieving from good peole like yourself. So, if the outside antenae want to ‘smack’ the tenant living in the penthouse….well….we are like neighbors…think of it like that….imagine if your cable wires could come into your house and choke you if those wires thought you were a bad ‘tenant of the Word’…mockingbird…..wit me?
I am happy to hear you are in the mid/late stages of holding these bastards accountable….and if there is going to be a tidalshift, I would expect it to come from the Lone Star State…..y’all are independent….take no crap from illegal outfits….yet you still have chalenges with the bench-stench……I have the same issue here in Idaho…as my comments 2009-2017 will support.
Here is what I can do……I can inject myself into the process…..and as the way things stand…I just did….these walls have eyes and ears. I CAN/WILL give a heads up the Magistrate….him/her….in essance I can ‘write a letter to the Judge’ respecting due process….by lending (circumstantial evidence to the claim of FRAUD and misuse of power)…..I would write this letter if you could help me with a name/Judge and address…..I have Senator Warren on stanbye and I think somewhere in D.C. is an ET who could have that Judge make certain you case is heard FAIRLY….without out political influence….I think the Clinton and Obama monsters had a fear grip on all Judges….500+ murders have been atributed to those lushes……so now that the original (real) Hillary is dead…..she is…..I suspect the fear level is greatly diminished…..(think W. of Oz, house on witch scene)…..the Judges can come out now……
same for you…..email me….give me permission…soft…..and I will try to what I can without making anything worse………how could it get any worse…these FOOLS are making up the rules as they play the game……like calling a homerun a touchdown……giving themselves 6 points instead of 1……..yeah, email and I will try to head them off at the pass………old trick.
trevor.hitchin@gmail.com
no promises….but it could not hurt…and will likely wake them stars up……deep in the heart of teh-hAs.
peace….and good luck.
I guess maybe deep down, I want to see one person clean their clocks…or as they used to say in your parts…..’Hang em high at noon’…..’make an example of them’. I have pull, let me use it for the +.
Trev
Hello Mr. Trevor ,
Do you have the connection for GMAC and all the evil that comes with these crooks. ? We have a law suit going on in Texas right now as my mortgage is the poster child for fraud, theft , deceit you name it it’s there. So now we get to fight criminals in black robes. Really pathetic anyway you slice it.
Hello bollivar4…
I would like to help you….my way….but I guess I would like to know if I can? I have had luck getting into the heads of the CEOs who lead this theft…..and idk…i may have some clout as others around the world are getting the ‘little boy horus newshour update’…ww.
Could you please email me permission…your name…any perhaps an account or reference number….my Family has had a Banking relationship with BoA since the 1960s…..and well…I am not too many standard deviations from the top of their House……
I will be civil…I will be ‘nice’…but if I fight for you….their Ivory Tower will shake.
I help to take down/out Met Life Home Loans…..but only recv’d $6k for my $300,000 in losses….it cost me more in nickles, dimes and quarters…to fight the 6 yr battle.
I have a STRONG voice and presence on twitter….so if I can help…please let me know via email.
I am the mercury drummer you see on the ’76 quarter….and the Spirit of the $2 bill.
I would like nothing more than to see one person brought back to financial life….can you list in your email how much you think thier fraud cost you….not line items…just a ballpark round figure.
I make them nervous on Wall Street and am in POTUS’s ear every hour……so mine is:
trevor.hitchin@gmail.com
if I hear back from you cool….if it is water under your bridge…I can respect that too.
I am sorry for your pain….i have been thorugh the darkest too…..and it was not easy healing while your home was being stolen……..Boise has a lot of praying to do.
let me know….and Godbless you for sharing your story.
I am sorry America did this to you….to us all.
Not the way GOD had intended it…..but then again….mabe THIS communication will lead to a silver lining….another one.
pce / Trev
not trying to be a hero…I just want to punch BoA for you…so hard it hurts them in pocketbook….so they pay you….so you have closue. There are 1000s of stories like ours….and we need to be renumerated/compensated for their white collar crimes.
WE do have people on the inside…ready to help. WE do….10 yrs later…but WE do.
Therefore you do too.
I am with the underdog, always…the Good News Bears.
cpwbtdhk
Thanks a bunch, Trevor, getting old is not a lot of fun. I have not been sleeping much at all for some time. I know what to do as I have always said, it is the simple things in life that sits right in front of our eyes that evades us. I have an order vacating the judgment of foreclosure based on motion to vacate the judgment of foreclosure. Relief sought: Dismiss the foreclosure case; Void the mortgage. The plaintiff never filed: Motion for Rehearing or notice of appeal all of which must be filed (30) days after the court’s order which would have been January 16, 2017. The court’s order is now “Law of the Case” as the court no longer retains jurisdiction. Next thing: file for a warranty deed based on my motion and the court’s order. The next thing I will half to deal with is the plaintiff refusing to sign the release of the mortgage. Motion to Show Cause Why the Plaintiff Should not be Held in Contempt of the Court. I believe will be in order.
I have had a total of (five) break-ins to my house since March of 2011. All of which purpose was to steal my foreclosure defense documents. March 2011, May 1, 2014, March 23, 2015, May of 2016 and the last one December 3, 2017. I have witnesses. I know everything about the man who broke in except for his name. I can’t tell you the reason for the sheriff refusing to investigate on this site. My intel came from a DEA agent. I finally got enough money to pay for a good home security, well I should say, multiple home securities.
I will half to finish getting all my documents together as I am still sifting through rooms of documents thrown everywhere. They alway leave my house in a mess.
I did try to get in on a class action law suit against BoA, but my BoA mortgage number was not a valid mortgage number. Who would have think it? i will be in touch. Thanks a bunch.
Bolivar
I too reside in the screwed up Cook County. We lost a 5 year battle .Shell point wound up stealing our property last minute.
Any ideas on suing the servicer aka debt collector in this state?
My loan history shows the debt was paid off in 2011.
Hi Trevor,
Here is deceitful and fraudulent acts Bank of America did to me. In November, 2005 the same year I bought my home, BoA began embezzling money from my mortgage account as evidenced by my monthly payments were not applied to my account through December 30, 2010 for a total of 23 payments for close to $24,000 and charging me interest on this stolen money.
I was unaware of this until 2014 when I received my mortgage payment history from Green Tree Servicing, LLC, another crook. I received a letter from BoA thanking me for allowing them to purchase my home equity line of credit, of which BoA needed my expressed, written agreement. Of course BoA never had my consent stating I should receive an IRS 1099C form. Then, again through correspondence from BoA, I noticed that the home equity balance was added to the interest charged on my mortgage account. Of course I never received an IRS 1099C form. After BoA increased my mortgage payments from $1080 to $2374 a month, on a 30 year, fixed rate loan, and BoA had been charging me interest on all the money they stole from me. After 30 disconnected phone calls to BoA, the rep told me, “that if I could not make the increased payments, they would not accept any more payments from me, and could foreclose on my anytime they wanted”, end quote. I have an email confirmation dated January 13, 2011 from BoA.
BoA filed for foreclosure on me on June 7, 2011, the same day I fell ill to Lyme Disease. I was subsequently approved for disability from the Social Security Administration after starving for some time while the Lyme ravaged my body with arthritis and nerve damage. Before I became ill, I had been working two jobs supporting my daughter in medical school.
Silver lining: My daughter was able to get a large grant to pay for her entire medical school which was $250,000.
i will be back later. Be well.
Amen to that.
As they say, the Lord works in mysterious ways…and yes…the last ten years have been hell on earth…hell indeed. Your adivce is welcoming….and since those who stole from us…those who abused their power….they will have to answer to GOD…as we enter the 1,000 years of ‘cleansing’.
Now you that you mention it, losing my homes actually has brought closer to Spirit….and I have met the most beautiful people….in my stuggle…….and I would have never met them had I been comfortably home….a tripple edge sword. I literally found myself STANDING ON a blank note card….at the Boise City dump….seagulls over head…..being thrown out of my home….the card read “GOD will take care of you”.
I still like my idea of ONE courageous Lawyer….taking on a multi-defendant class action…..for $ Billions…..but then again…Christ Himself asked for one…..just one good man or woman to stand….and even for him…..no one jumped at the chance.
I see change coming…..lessons learned. I see fairness in our future…..the meek shall inherit the new earth…..the land we cannot see yet. The sea shelves rising…..
Thank you….and IF there is ONE brave attorney….ONE firm willing to fight for all the marbles….please reach out.
If Drug Cos. can do this……..if major Insurance Cos. can do this…SO.CAN.WE.
peace.
Trev
Hi Trev, you are so correct. The problems are pro se litigants cannot sue for class action suits. That is the law in most states and federal courts. I have been where you are now and it was so bad, I get very upset just thinking about it.
You must be a very good person. “Wherever good does, evil follows”, Master Ling Chi. Circa 1974. “The longest journey begins with the first step”.
Being good will not get you where you want to be. First, I am not a blind faith follower. I believe what I see and hear. Me and others that were present has seen and heard the voice of our Lord and Savior, Jesus Christ on sever occasions. For most of us, even me it takes time to imagine such an all powerful being and to quiet your mind through meditation or any means you can use to connect to Him. It takes time and effort to abide by His teachings. Praying for your enemies is the hardest thing I have had to overcome, but it does work. You will be tested so be prepared.
Good luck in finding a Christian minister that believes in God. They are few. The practice of Macrobiotics will help you rise to level you can’t imagine in your present state. Look for counselors in your area.
I have to leave this post for now. God bless and be in touch.
hi all….still here…and yes…plenty of Bankster Scars to show for the abuse….2 homes…both in ADA COUNTY, IDAHO….Mayor’s Brother, the Judge did not even show to my Summary Hearing….where I lost…..so yeah, well travelled on this road of sloth.
I have an idea….why can’t we just CLASS ACTION (People of United States v Met Life Bank, Wells Fargo…First American Home Mortgage….etc….et al) why can’t we just add our names to a list…..pull a MASSIVE number out of the air…say $10 Billion…and go to town….and make our way up the JUST-US tower…….I am not done fighting…..but I am done hitting my head against the wall…….
How far from reality am I?
I am at the top of the food chain….starving.
I am trevor.hitchin@gmail.com if anyone wants to ‘chat’ 1:1 about this.
Our Country looks pathetic after what was done to us all….writing from a Motel room…and I am lucky to have enough to be here……..lost $1m + to the Boise fraud…..I want my money…I want my slice of the Fairness Pie….I was tortured…I was left to die…they STOLE my homes and raped my finacee on Christmas…the Cops…the Boise Police did…gang raped her 2011….NOT one cop has been arrested yet. Boise = Hell on Earth…..and the ‘mormon morons’ at the helm say it is the #1 city in America. Maybe Amerikkka, but not America.
Not the Country we have called home….me for 46 years.
Cheers.
Never give up……ever.
Trev
You’re the 3rd or 4th World Savings case I’ve heard about in past couple of days. Seems like pattern I’ve been seeing where certain lenders are pushing through theft of homes at certain times. When a county or area is corrupt only option is to make corruption charges to higher ups. Other option were trying is making public and showing any loan is potentially fraud and anyone can be affected not just “deadbeats”. An apartment building, commercial properties, properties not in foreclosure would be powerful and hit them on public opinion side which is only thing politicians care about.
Bolivar4 nothing surprises me w this corruption abd fraud will b in touch
Broker Sharon we are at the next stage and most don’t realize it. With the Wells Fargo scandal and Chase investor revelations, recent cases in CA it’s more and more clear courts and judges are corrupted and our homes are stolen. We still must stay out of the court trap as long as possible but now is the time to come together and demand justice and due process.
How do you fight when the judicial system is broken ( one-sided) especially in Lee county Florida. The judges are not following the he rule of law. We had 7 attorneys followed with corruption or incompetence. When asked to counter sue for fraud they would say what fraud. Had pick a pay world savings predatory loan, improper late charges when all payments paid on time. Have proof with receipts from post overnighting from post office. Forced placed insurance when had insurance and never lapsed, during mod they did not reduce interest for 3 months out of 12 (7.1 to 4.75% on 2,000,000 loan equates to almost $12,500 total overcharge, late charges of $16,000, forced placed insurance $4,700. This was a n induced foreclosure creased by design. The used a realtor to do drive by bpo on a 43 unit apartment building and swore to court property value of $1.3 mil without viewing financials and viewing 30 units remodeled (tiled thru out and 37 occupied out out of 43 units,)
Bolivar4 that’s an amazing story. Whst state are u in? Same extreme case group of us planning to publicize take group action on.
I live in the broke state of Illinois. I know a man that is a semi-retired DEA agent. He told me that disbarred lawyer, Al Williams, the former state prosecutor was selling heroin and cocaine. Al Williams heard he was being investigated for drug dealing, he began stealing money from all his clients including $100,000 from a 97 y.o. nursing home patient and $25,000 from another nursing home patient who was 95 years old. He is now in foreclosure. Karma. I would like to publicize my case. bollivar4@gmail.com thanks.
Same here Bollivar. You know of any LAw firm in Crook County that are willing to Sue Non Licensed Debt Collectors that steal properties here ? New Penn DBA Shellpoint. What a crooked State.
http://www.realtormag.realtor.org/daily-news/2017/08/11/largest-institutional-landlord-merger-proposed Pottersville is upon us… with stolen homes.
Countrywide began embezzling money from my mortgage payments and escrow account in October of 2005 not long after I bought the house. This fraud was continued by Bank of America through December 30, 2010 when BoA increased my payments from $1080/month to $2374/month on a 30 year, fixed rate loan. BoA rep told me if could not make the increased payments, they would not accept any more payments from me and could foreclosure on me anytime they wanted. (coercion). After my lawyer was disbarred for taking bribes from BoA to derail any defense to foreclosure his clients had, I had to take over. The judge was extremely biased, prejudice and discriminated against me (I am disabled, violation of Americans With Disabilities Act). I was very ill from Lyme Disease, but I kept fighting this corrupt judge until I wore him out. I finally got an order vacating his judgment of foreclosure with a stipulation that I must hire a lawyer to keep his order. The criminal servicers bought every bloodsucker in my area. I will bring this up at the next status hearing. I have other tools under my sleeve. I have lost a lot of weight and several teeth in this battle. I am more than ready to lose more body parts whatever it takes. Being a homeowner is not easy.
Thanks for sharing this. All of us who are on the winning side should take our strongest arguments and share them (privately) with others who are still fighting. Time to tell the banks to stick to the original purpose for which we the people created them.
We have two issues…One, who owns the house, and Two, who owns the mortgage
Now, most people can’t take title to a house without obtaining a mortgage. and In order to GET a mortgage, you have to agree to 1) pay the mortgage off, and 2) keep the property repaired and in good shape PLUS pay the taxes and insurance to protect the owner of the mortgage, whoever that may be o you you fail to do any of those things.. YOU GIVE THE RIGHT TO FORCE A SALE OF THE PROPERTY TO PAY OFF THE MORTGAGE. If you keep your promises, you can sell or pretty much do whatever you want with it that isn’t illegal.
That concept isn’t that difficult.
But when someone DOESN’T keep their contractual promise, don’t think you can distract a judge with confusing them on who is entitled to force the sale…its pretty immaterial. Who is entitled to the proceeds really doesn’t involve you, that’s between others to fight over. If you or a court sells it, if it sells for more that what is owed will come to YOU, if it doesn’t cover what is owed, you could wind up no longer having title to the property…you MIGHT find yourself STILL OWING THE DIFFERENCE, hopefully that won’t happen.
There are only TWO PEOPLE I know personally who actually wound up doing really well.
One is a good friend of mine who WON his foreclosure case, and although the mortgage still is recorded against the property and ‘of record’, the company who tried to foreclose on them HAS TO PAY THEIR annual insurance AND real estate taxes, …..and he gets to stay in his gorgeous two story home right off the ocean without paying ANYTHING other than the utilities !!!.
The other person is myself . I had both a first and a second ( a Line of Credit ), both of which were approximately identical in amounts still owing. My first promised to roll my low initial “teaser-rate” three year ARM into a fixed rate for the remaining 27 years at no cost to me, and after telling me not to make the January 2008, February 2008 or March 2008 payments or they would cancel their offer, and promised they were setting my next payment to be April 1, 2008 – the filed a foreclosure against me just prior to April 1, 2008..
I sued everybody. The foreclosure case the first filed was ordered to be modified to a fixed rate, and the second, which then went to federal court, and with the help of the Justice Department, the bank was ordered to forego all interest and forgive the balance of $82,000 and pay $20,500 to cover the federal income tax on the canceled $82,000 debt, leaving me with about half of my property for free…half is better than none.
Both my friend and I did extensive investigation and legal work.
That’s what it is going to take YOU if you expect to defeat something and collect damages.
to read
Remember the law is CONSTANTLY changing and the whim of a judge can never be absolutely predicted….
In Florida, where we both are, the Bartram decision basically said the SOL stands, but ANY default that hasn’t been past the SOL, the right to foreclose stands. HOWEVER, you need to carefully read the recent 4DCA opinion in Sandefur v RC.
My friend used five different attorneys including two former deputy Florida Attorney General, to win his case, but because he won, his five figure attorneys fees were fully paid for by HEBC, who tried to foreclose on him.
I did all my own legal work, but I have been in the mortgage industry since 1965 and read Appellate decisions for a hobby, and I was going against Wells Fargo and BofA who both have done so much wrong they made it easy for me…. but it was painstaking ( you can pull up my case in the Broward Case Search)…pay attention to the Order signed by the head judge Jack Tutor !!!
(I was given the green light to separately sue Wells Fargo !!!)
If you have ANY scoop of misconduct by Wells Fargo or their alias American Servicing Company (ASC) now moved around to under their Wells Fargo Home Mortgage, or HSBC or “ACE SECURITIES”, please let me know…we could very well be of help to each other
Tom Heinrich
Tom:
Would you happen to know of any cases or individuals, including their attorneys, who have had any success against US Bank in attempted wrongful foreclosure actions. I am in a non judicial state in the 11th Circuit. I need any useful insight I can get at this critical juncture. I had/have a solid TILA rescission claim that the courts have conveniently bypassed.
Any ideas would be greatly appreciated!
MB on the Bubble
I am in NJ and motion of summary judgement was recently denied, first of all US Bank as trustee *(if that is your case) can not foreclose as they have no rights. I need more info on your exact situation like who originated your loan , who is named as plaintiff, is there a trust/trustee involved and was your loan “sold” at any point. If you’d like the details of my case feel free to email me at d.casey17@yahoo.com Best of luck, don’t give up the fight, we are making headway in this charade
you may find this interesting.
https://www.usbank.com/pdf/community/Role-of-Trustee-Sept2013.pdf
Payments could have been kept up easily for most people if the banks had not gambled away our economy. Read, “The Big Short” and “Fool’s Gold” and “All the Devils are Here” all available on audiobook to understand.
also, “House of Cards” and “Too Big to Fail” as well of course of ” Chain of Title” all available on audiobook. Listen to it in the car.
I wouldn’t hold my breath
Finally, the judge, sensing there are “material issues of fact” hahaha, has denied Plaintiff’s motion for Summary Judgement, and has asked counsels to contact the court to set up a trial date. The question for this group: Should we ask for a jury trial or go with the bench trial? Any info. is appreciated.
Here’s a chance to have an impact. Please sign petition to stop eviction of Purple Heart veteran and his wife. Wells Fargo claims they can’t do anything as Mr. Sexton tries to survive Leukemia and had $30,000 to $40,000 stolen from him by sham operation. Eviction scheduled for Tuesday.
A review of public documents shows the worst cast of characters MERS, AWL, Fidelity/LPS (Lorraine Brown). 12/16 Fidelity was in settlement talks for robosigning for $60 mill on top of LPS previous settlements.
Appears to be worse than usual broken chain of title.
The trustee doesn’t have many foreclosures in area of the property or even CA but very active relatively speaking in Midwest, South and East coast.
https://www.gopetition.com/petitions/urgent-stop-unfair-eviction-of-senior-purple-heart-recipient-and-his-wife.html
Signed and shared on the Facebook group: United Against Foreclosure Fraud. Thank you.
https://www.facebook.com/senatorelizabethwarren/?hc_ref=ARQ5EBJ_ujy3TAYzixicsowPXjkVgnGB7ULGEyXOkMorq9T0Lw7cDCHj6B2KR5fuCwU&fref=nf
Thanks for sharing waiting on AG response, will be following up. Lots of fires going!
So sorry to hear sharon. I surrendered my house in bankruptcy after chase reneged on 2 loan mods because they could not figure out ownership of the loan. How can they give loan mod if they do not have right lender on mortgage. I should have contested it more but after 6 years, i had enough I hate i had to file a bankruptcy just for the house but they kept adding on all these unexplainable fees and i has other assets that their criminal lawyers probably would have come after and could not risk it. I believe obuma wanted to break down the middle class and this was his way of pushing us down so he just insulted us by diverting monies that should have went to help homeowners. Never trust the banks, your realtor. They r only out for themselves prices for homes now are back to pre 2008 prices and buyers really need to beware
This is exactly what continues to upset me. How can the banks get away with this? In my opinion your home should be returned to you, regardless of what you were forced to do in bankruptcy court. You can look up on youtube, just type in “Bernanke questioned about trillions” and see that money was given to banks all over the place, even in foreign countries after the crisis yet people like us couldn’t get new loans, modifications, etc. Justice has still not been served to the American people at all in this. Many of these homes still sit unoccupied. I pray our government will finally realize these homes need to be returned to their rightful deeded owners, not the banks or investment groups, but the people who lived in them and bought them for their families. I pray our government will have the ability and desire to do this because it is the right thing to do.
Except Obama was left with fixing the financial crisis and the “war on terror” and people are still falling for it. Republicans wanted to let foreclosures go forward no matter what then both parties with the bribes of the banksters corrupted HAMP and the bailouts which every politician now needs to come clean on. We can’t just believe whatever we want, we need to challenge this crime on on our country wherever we are are and no matter what party we’re from.
Hammertime, I’m not sure about what politicians are complicit. I think it is individual. The people that wound up taking my house were the bank or group of investors, the judge and the sheriffs department. They are directly involved. So the problem seems to be a failing in our Judicial and Law Enforcement Departments.
This is how the banks operate thru fear, intimidation, trespassing, trampling homeowners property rights, fraud. They use whatever evil means they have available to them which are plenty because as we know the banks also stole the money that should have helped the homeowners. They f$$ked up and the taxpayer gets screwd and they keep sticking it to us. They just want to make it go away anyway they can and the only way they can do that is to keep on with their corruption they started. They have to bully u out of your house so they can start over abd if they get you out with fc judgement and dump deficiency debt on you, they will bully you until you stop fighting or they put fear in you until you go away. Why doesnt our current president mention anything about this. All u hear is about the 2008 crisis, but no one really talks about all the people who lost their homes. They want us to forget and go away, but anyone who fought to save their home and see how corrupt the banks truly are will never forget and we shouldn’t. In fact there should be a history book approved in public schools explaining how the banks brought the crisis on themselves and how they wrecked families and their lives by forcing us out of our homes. Most of us are forever scarred. We are casualties of the foreclosure civil war!
All so true. It comes in waves, just when I think I might be starting to heal, I become obsessed again. This tells me, it isn’t a scar, it is still an open wound. I attend to it by learning what I can, trying to go on with my life and writing letters to those who I believe may have authority to do something about this. We can’t be left behind destroyed and empty handed. There is no justice in this outcome and it will bother me until the wound is healed with justice. I don’t know where it will take me but I know I can’t let it go. I believe at this point that the banks could be declared an, “enemy of the state.” for the upheaval they have caused on American turf and the destruction and weakening of American families that has been the fallout.
Don’t give up but also do not worry yourself.
How do we know that spies, terrorists or organized crime, gangs etc. are not using these homes that good American citizens have been driven away from? How do we know that a foreign entity is not buying up huge lots of them for nefarious activity? How can the government be letting this happen? We are told that our country is so concerned with National Security. The banks have opened us up to the greatest security risk of our time, in my opinion, millions of homes in which good citizens of the United States have been driven away from that are sitting waiting to house invaders. Was it planned? That is a good question. How can I believe it was not planned when I tried again and again to get a modification, to pay them back and they refused. When I was threatened in front of a room full of witnesses and driven out of bankruptcy court by a government trustee? The only thing they wanted was my home. My little 800 square foot home. How does this make sense? The government must intervene to give these people back the control of their homes. Read the Reuters article I have placed here. http://www.reuters.com/article/regulations-zombie-idUSL2N0MA0Z520140313 I waited in my home. They had to remove me. What happens there now is the responsibility of the Sheriff’s Department, the local judge and ASC/Wells Fargo/US Bank until I receive notice that my home has been given back to me. We should all receive these notices. It is the only right thing to do for the future of our country and our people. The only safe thing to do for all of us..
…maybe someone didn’t like his neighbor so much because they had a low level job, was poor, didn’t mow the lawn enough, used foul language, whatever, but they were regular people. American fabric, neighbors. How is our government giving control of huge lots of houses to banks who have very little government oversight? Who were handed billions of dollars (Too Big to Fail) with no restrictions and simply “trusted” to fix things. Really?
Ims53. Are you going through a foreclosure or did you loose your home?
The Sheriffs came and removed me from my home last May – 2016. 4 Sheriffs came to my door. They proceeded to place all of my belongings into a container which remained on the street overnight then was brought to the local dump the next day. I called the town and begged them to hold on to it so I could bring a truck to retrieve my belongings. I spent a May Spring Day as an American Citizen retrieving my belongings from a local dump after a half a Trillion Dollars was given (lent?) to foreign banks by my own government as I begged for years to be granted a modification only to be told by the bank that they cannot give me a modification because they do not participate in government programs.
@ Sharon (RE Broker). I am truly sorry for what you had to go through! A police officer dies outside of the line of duty and people flock to donate monies for the family left behind. A long parade of a funeral session where the streets are closed down BUT no such help is provided in a situation such as yours. It is truly sick that the fate of the ‘living’ continue to suffer and no help is provided. Have you or did you try reaching out to your local TV stations on your story or the plight that you faced? Or place a Utube video on line as a means of ‘warning’ others? Jamie Dimon recently made a statement to his stockholders that more needed to be done to provide housing for the lower class…made me puke! He will live his life in luxury now, but the Almighty will be his final judge.
Bobbi, thank you for your support. It is truly a lonely place to be, still embattled in the 2008 Financial Crisis nearly 10 years later, picking your things out of a dumpster after doing everything you could to try to help a bank to give you a mod who was claiming to try to help you. So wrong. Kindness and kind words do help in the healing process while we wait and continue to speak up until justice is done and the homes returned to the people.
Mick. Fyi. I had to file bankruptcy after fc judgment and the interest adds up quick and by the time they sold my house, they claimed the deficiency to be over 180k. Liars and thieves and if i wouldnt have declared bankruptcy they would have taken my rental property which i now live in which is worth anout what they r claiming in deficiency, but unfortunately in bk. You have to disclose assets or they can not give you the discharge. What a racket. These banks knew that we could not win or would not have the money to keep fighting them and their crooked lawyers based out of tampa are so incompetent or stupid or both. I would have been living in my car because I know they would have come after me for deficiency because they knew about rental. It has been a nitemare and separated me from my one and only child. I have to believe we will get justice someday and I hope i am living to see it.
Are You prepared to LIVE in YOUR CAR? If not, FIND SOME MONEY! Have a list of attorneys (the best don’t stay cheap long, and like former posters, when You’re ultimately staring at a Deficiency Judgment (where they cay can take everything, including Your current SALARY with garnishment) because (at least in Florida) that Judgment hangs waiting for ANY Thing You OWN or EARN for the next TWENTY[20] YEARS. Costs those collection attorneys (who paid pennies on the dollar for the FC Judgment) are willing to invest now are increasing, for anyone STUPID Enough to remain here (in FL) AFTER a FC, IF You didn’t negotiate Deficiency Judgment WAIVER in the FC Judgment Process. These blood suckers are going to be after You whether YOU FIGHT or NOT….so why Not Fight? All You save Yourself(here) is a few more decades worth of GRIEF!
Just file for bankruptcy: In general, a mortgage deficiency judgment is treated like any other general unsecured debt (such as medical bills) in bankruptcy. This means that whether you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy, once you receive your discharge your personal liability for a mortgage deficiency will be wiped out.
My daughter had me listed as the beneficiary for her life insurance. She has since had several “accidents” assaults and close calls. Sure they can say I’m crazy. That is how they fight. They call you crazy. Just like Lynn on the plane in “Chain of Title”, random threats, harassment and worse. You can’t prove anything unless someone talks who is involved in their evil dealings. I have since begged her to reassign her beneficiary and thankfully she has. I can only assume the FBI just watches them do this. They know all about you. All they care about is money.
I have already read “Chain of Title”, “The Big Short” and “Too Big to Fail”. I am just about to start “All the Devils are Here.” I am going to start to send more letters soon and these books help me to be better informed when I write to the Attorneys General offices, Congress, Senators, etc. As I said in a previous post, money has gone back and forth from the government to the banks but very little if anything truly helpful for the homeowners. This is terrible injustice and I will not be quiet about it. If anyone has another book to recommend please let me know. Thank you.
Some questions if anyone knows the answer, chime in! How do you find out what pool of mortgages your loan might have been grouped in? Also, were loans re-amortized, not sure if that is the word… When a HAMP modification is done? As in, did I go back to making mostly interest only payments? Sure seems like it. I’m fighting my foreclosure sale. I’m going to fight like hell but I don’t see much evidence that homeowners have been able to win.
did you get a complaint , who is the plaintiff, there is a lot of was to find the trust info ,
So I’m told the banks didn’t have to give us modifications, yet they were given billions of dollars to help people like me. At the bottom of dozens of letters the bank sent me purporting to be supportive and help in any way they state to contact them so we can see what type of program meets my needs, yet when I did this on so many occasions they said they do not participate in government programs. This must be mail fraud at the very least. I’ve seen big masses of dollars going to banks to help them and then going back to the government for penalties again and again and yet here we are starving at the bottom. I can’t even go back to my Real Estate career, not only because of the harm that was caused to my personal reputation but also because of the fear of putting people at the mercy of a mortgage of any kind.
Sorry I put this on the wrong thread.
US Bank, originated through National City but from my research it looks like my loan was sold to US Bank before I even signed the papers. Dated September 7th, 2007. It was a first time homebuyers loan if that makes any difference.
Ashley, we all fought like hell due to uncovtthe fraud and forgery being accepted by the courts.. nothing matters! The banks sold our mortgages many times over and lost the NOTES so they have to remove you to sell it to another in order to create a new NOTE! Get a huge setttement and get out, if not, you’ll fight, spend money chasing your tail as well as sleeplessness! It’s a crime by the big boys and we never win
I have no money to fight yet I will not go quietly into the night.
We do win. I won. I’m working on a site to give people specific information on how to win…and a book detailing my experience through the five year wrongful foreclosure battle. You must stand firm. You must be organized. You must research and educate yourself. You can win. Many others have…and will.
I like the part about “get a huge settlement” JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did.
-News Flash- -News Flash-
FLORIDA FC Victims
I need each and every one of You to put out the word….Desperately NEED to hear from ALL or Any that You know who’ve received 1099’s after FC judgment & also rec’d notice of, had attempted, (or worst of all) actually executed Deficiency Judgment against them as well? Liens on other property? Even Better; Garnishment on their wages? Best. Have a mean thing working, need victims. Taking bull by the horns (& no prisoners when done).
Ask them to please email me: petemichaels1@comcast.net Ask them to CALL ME 352.246.7483 anytime between 0800-2100 EDT
My house was taken, NY, Sheriffs showed up. I waited them out. Then received tax document that I owed the balance of a sale that took place back in August from one banking entity to another. Received this doc after I was removed in May. Supposed sale happened the August prior. Never received tax doc until after I was removed, well after the April 15th filing date for 2016.
I wrote to Attorney General of Suffolk County, NY State and US, under last administration. Received letter back from office of Eric Schneiderman and off office of Loretta Lynch. Letter back from US Attorney General stated that my case was referred to FBI for investigation. I have not heard since. Letter back from US Attorney General was from Ian DeWaal, Senior Counsel, Fraud Section.
Faxed this letter from Attorney General’s Office to Mr. Anderson at ASC/Wells who had responded to my CFPB complaint where the NY State Attorney Gen had referred the case for me. Shortly thereafter the WELLS FARGO fake account scandal broke.
The letter I wrote to Attorney Gen. Loretta Lynch and cc’d the Atty Gens for NY and Suffolk outlined my story of pain and suffering and highlighted how my RE career was ruined by the posting of my name in public under foreclosure. How I had gone to 3 separate workout programs physically and applied for modification again and again producing every bit of paperwork they asked for. How each time there was a different reason given as to why I could not get a modification finally culminating in only, “the bank does not participate in government programs” I contested this in my letter to Atty General. I’m a American. I should be able to have access to American government programs to save my property.
Please feel free to contact me with comments or replies. I think I forgot to check the boxes on all of the replies I left. Thank you.
In the letter from Ian DeWaal, US Attorney General’s office, he acknowledged receipt of my letter stating that I was wrongfully denied a modification and that I was verbally abused in front of a courtroom full of people as a Pro Se Individual by a Trustee in bankruptcy court and that the matter was being referred to FBI for investigation. I have the letter. Interestingly, the letter was obviously ripped open and crudely taped back together. The local Post Office said it was delivered to them that way. I have pictures of how the envelope arrived. I am unafraid, probably to a fault.
Everything was taken from me. My home, My reputation and My Career! I have no fear at this point. I will stand up for this cause even if threatened with death, jail or whatever else they want to threaten me with. I am a Real Estate Broker and private property ownership is very important to me as a principal.
Additionally when I went down to the town in Babylon I was prevented from paying any taxes and having anything to do with the tax liability for my home. I was treated as if I were a non entity, a random non- interested party and blocked.
I wish I could attach the letter from the US Attorney General’s Office here but I don’t know about the legality of publishing this official doc from DOJ or if it would harm a pending lawsuit if I could ever find an attorney to take my case. Here is the piece of the letter that is most important, I think, and I quote, “This is in response to your June 6, 2016 to the Department of Justice regarding your complaint, that your home was foreclosed, in part, because your application for a loan modification were wrongfully denied, and that you were subject to verbal abuse, by a bankruptcy trustee in public.” It goes on to give me resources to help me with the case citing that the DOJ takes very seriously how Court Bankruptcy Trustee’s behave toward the public. It goes on to refer me to the Albany Legal Aid Society and the Suffolk County Legal Aid Society. i had contacted several of these types of entities in the past, never a returned phone call or response. I contacted Albany Legal Aid and referenced the letter. I was practically laughed off the phone, however, I did get the indication that they recognized my name. I contacted Suffolk Legal Aid via email to make it more official. No response at all.
I did everything the bank requested of me. I gave them all the paperwork they requested over and over again. ASC never seemed to know that US Bank had brought me to court, when these court dates were, etc. I was working with ASC and US Bank was taking my house. while I was going along thanking them for their patience until I finally wised up. Like the people in “Chain of Title” I was not looking for a free house, I was looking to pay them back, but they blocked me, prevented me, strung me along, caused irreparable harm to my children from the constant strain and stress of becoming homeless at the drop of a hat, irreparable hard to my career and yet I still believed they were good, all their commercials said they were. I even referred them for a loan for my last Commercial RE Deal I brokered in 2014. No mercy, no consideration, no humanity.
Not only was I blocked from a modification, but I was also told I could not pay my mortgage, or contribute in any way financially to the mortgage until I had a modification in place. Completely unjust! I have the check they sent back to me to prove it.
I was still working with CFPB at the time. I received what seemed like hundreds of documents from Wells Fargo trying to defend their case. CFPB considered this adequate answer without even consulting me and just closed the case. When I tried to reopen I received word from CFPB that even if the party I am complaining about did something illegal, they may or may not inform me. Case Closed.
I see posts about CFPB and Attorney General. Know that whatever you send to them they WILL give the bank an exact photo copy of what you sent in. This can give the bank a “heads up” that you are coming after them. However, you can also use this to your advantage if you know what you are doing.
I have saved all of this paperwork.
I have printed emails. I have the letter they sent to me when I demanded in writing their answer that, “the investors of the loan do not participate in government programs.” which is the reason I was given for not receiving my modification. The letter is very vague, of course. They still claimed I owed them hundreds of thousands of dollars, after taking my house and I have the letter from US Bank in response to my letters that they refuse to forgive me the debt. I try to move on with my life but as the people in Chain of Title were unable to move past it, no matter how much time I pray, spend in the church pews, enjoy my family and new married life, I can’t let it go. It gnaws at me, particularly now that both my adult children are in need of the home for their residence. My daughter recently broke her leg and lost her apartment, my son was evicted when I was.
So I’m told the banks didn’t have to give us modifications, yet they were given billions of dollars to help people like me. At the bottom of dozens of letters the bank sent me purporting to be supportive and help in any way they state to contact them so we can see what type of program meets my needs, yet when I did this on so many occasions they said they do not participate in government programs. This must be mail fraud at the very least. I’ve seen big masses of dollars going to banks to help them and then going back to the government for penalties again and again and yet here we are starving at the bottom. I can’t even go back to my Real Estate career, not only because of the harm that was caused to my personal reputation but also because of the fear of putting people at the mercy of a mortgage of any kind.
Does anyone have any suggestions for me? I have already gone to the Attorney General of the United States in 2016, can’t afford an attorney and have already had my house taken. Have already reached out to legal aid societies at the suggestion of Attorney General’s Office and there is no reply. Have already had a CFPB complaint closed simply because the bank answered me. And still I am told I owe several hundred thousand dollars.
Why doesn’t the government use the penalty money to fix MERS and give the people back their homes? It may be a naïve question. I am just getting into all of the information about it now. I was holding out that the banks were good for a long time. I needed this to be true in my heart as a Real Estate Broker. I was doing my best to work with them. I never took on a lawyer, until I wrote to DOJ after they took my home. To me, that was taking on a lawyer. I never fought the bank, only tried to work with them. Even gave them more business. They didn’t allow me to pay. Sent back two checks I sent them and told me I could not pay when I inquired. So I sat helpless in their jail for over 10 years all the while trying to modify my loan with them. They didn’t allow me to pay and yet now they say I owe several hundred thousand dollars. How does any of this make any sense at all? Where is there any goodness in this?
JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did. Any advice ?
Ready for the nightmare to end. Bought the house in 2005, I have been fighting Ocwen since 2013. I know that there are major issues with my paperwork and though I have Not made a payment in over 30 months and I have stopped foreclosure over 10 times I need to be able to get this done soon. I have self taught all the defense and ways to stop them in Ga. But I now found that the trust my mortgage is so-called in hadnt had activities since Jan 2006 when it was suspended by the SEC. But on EDGAR I found my trustname . Ocwen claims to have the original note yet no assignment to my file. They have even sent me copies of the note but iddly from 2 different workers and each note has different endorsement names and a allong. Please contact me if you have any way to help. I’m not able to get a fancy lawyer, but I have a great cas
e.
Jennie.Elle23@gmail.com
I am looking for a non attorney to research a satisfaction filed by Indymac Bank. The signatures and more look bogus. This was done in Florida.
Please help.
John
bestpaj@gmail.com
“….if you cannot beeeeeeeeee….
with the one you love…………
then love the one you’re with……”
I am diggin’ DT…..not for how he was…
but how he is and will be….playing for
redemption value. I have seen changes…@ dawn.
trevor, yes at some point you have to weigh where u r at. The banks were and still are so messed up that you dont know really who u r paying and if the payments are being applied correctly. I filed BK because I didnt want the tax implications of short sale, but not sure what bk 13 does. I surrendered property so there should be none. the banks have raped us all. If you have to throw your money out the window so to speak, make sure it is worthwhile and in the hands of crooked lawyers and irresponsible banks would not be my first choice.
if I could ever go back in time….ten years…i would have played my cars differently….my win yesterday was not so much a win per se….but less of a loss….95% ‘less loss’ is to me a HUGE win……like staying at the beach long enough to see the next tidal shifts……together…we are all putting light on the dark……and perhaps our rewards for never giving up are still to come…you never can tell…..but I am glad i mouthed off like I did……I am fortunate to havei understood the entire wheel….so if I am ever in charge…I will know what not to do……scars add value…and are very expensive. when good people do nothing/say nothing…..this is the fear. . . this the pledge I took while standing on the ahes of my ancestors in Germany….
i am now thinking of this as the first year of my battle….not the last.
fight for every inch…..stay till the luck turns. pce. Y
aH….BOARD….my port of sanctuary….again we meet….again on choppy waters we sail…but we are still above not below the horizon line… i have news to report…again. to recap i was early in this shell game of RICO and collusion….and bankrot…and greed…and boise judges who are brothers of Mayor who ruled in favor of the Banks even though 50 US Attys smelled rotten foreclosure fraud..2007..2008…2009….so today…literally after ten years of their daily bs ….Met Life Home Loans and others….making my life….my credit….my everything a living hell……including IRS Tax hassels…liens…garnishments….credit destroyed…..friends and family bailed…..TODAY…i received notice from the IRS that my $375,000 fraudulent tax bill from 2007 was adjusted back down to $8,000 and that I can refile for my refund if one is owed….i can also audit my Federal and State Returns for the past 10 years…..thus changing the tidal waters…….it was like winning the lottery……it set precedence……never let go…never give up…my next stop is Qui Tam Federal in the State of Idaho…..v. Met Life Bank….. Hell is freezing over. Idaho is about to be taught a valuable lesson.
Shame on Met LIfe…Cudos to the IRS for seeing through their lies…abuse…and fraud and making the credits in my favor…finally….been a tough ten years….today was a miracle. The Met Life bastards stopped at nothing…now the 2 x 4 in Court. Never Again. @cfpb was worthless to me… as good as in on it.
GBLS….keep fighting…..the truth is killing the matrix….the light is burning it up…veil lifting. Amen!
Yeah….Today I felt like Charlie and the CC….my last piece of IRS hatemail….a HUGE WIN for the light….Forward.
ten years…then / overnight….it all changes. peace on the earth. Trev
obviously it shoud have read: ‘Charlie and the Chocolate Factory….’ the bankrot shitshow is still playing……the chocolate factory still broken….but the good guys won a big game today…..one for the little guy….but for me to have paid that 10 year fake bill would have taken me my whole life….after losing my life savings in 20 min to a compromised Judge….poetic justice. … never let go.
p.s…. if you can’t join em…beat em.
I am currently in the foreclosure process and the lis pendens was filed 2/22/2016. At the time the lis pendens was filed, they filed a copy of the mortgage and the note. The attorney had one of their own employees filed a “certification of possession of original note” as an original document specialist with the complaint, which was signed on Feb 4 2016, but a certification by a person with a fictitious title is not an affidavit and the person has no knowledge of the original documents, as they were not a party to the transaction or agreements. On March 28, 2016 they filed what they claim to be the original note and mortgage and this filing post dates the date of the date the complaint was filed. I have been fighting this pro se. I know fraud was committed. Mortgage electronic registration systems inc. has been the sole assignee of the mortgage and the note since 2005 and they are not a beneficiary, nominee, trustee etc. The mortgage assignment that was recorded literally states that Mortgage electronic registration systems inc purchased both the mortgage and the note for the sum of 10$. February 8 2013, Nationstar Mortgage removed the mortgage info from the mortgage electronic registration system and we believe it was done to hide information. There have been multiple servicers since the original loan in 1994 and there are only 3 assignments of mortgage recorded in the county records. Aurora Loan services inc had it in 2005 and then it went through multiple servicers then in 2010, Aurora loan services inc got it back and I know they did not have a license in Florida. The MERS system look up tool states the investor was lehman/fnma (Fannie Mae). Nationstar denies this but we have the min #. The fannie mae look up tool states they do not own the mortgage or the note but we know the note was securitized because they admitted it was in a REMIC trust and now they are denying it. The mortgage remained assigned to mortgage electronic registration systems inc. from 2005 until 2016 when Nationstar mortgage had their own employee assign the mortgage from mortgage electronic registration systems inc to Nationstar mortgage. There is no corporate seal, no witnesses and no corporate resolution recorded for the assignment from Mortgage electronic registration systems inc. The plaintiff Nationstar mortgage is relying on the holder rule. They claim to have the original note and the original mortgage, which I have viewed and I know it is a fabricated copy which was made by a laser ink printer. The color of the ink does not match any of the original documents that were signed and there is a twist as well because I personally signed the mortgage in a different color ink than the rest of the people. I signed the mortgage but not the note. My husband signed both. The blank endorsement is a copy of a signature, not a wet ink signature and not a stamp. The endorser signed as “attorney in fact” and there is no power of attorney recorded to prove the person even had the authority to endorse the note. The company that allegedly endorsed the note has been out of business since 2002. I live in the home with my two adult children, my 5 year old son and my 3 year old grandchild. My husband does not live in the home. I feel I am entitled to monetary damages and attorney fees. I do not want the money. I want to keep what is rightfully mine, which is the real property, my homestead and residence.
I need help. We do not have adequate foreclosure defense in escambia county florida. Please help me
T. Plott,
Look at your original trust deed or mortgage deed. Does the wording on the deed state that the security instrument secures to the lender the repayment of the note? If so, who does the instrument state the “lender” is? Does the instrument make sole provision for the “lender” to be the loan origination company/ bank, or can the “lender” also be an assignee of the original lender?
What i am getting at, is that when you took out the so-called loan, you conveyed legal title to the property to a trustee to hold as security for payment of the loan. You created a trust- as the grantor/ trustor/ or settlor of the trust. The trust res or rez, (the property put into the trust) was legal title to the real property. If the trust indenture- the security instrument/ deed indicates that the instrument secures payment of the loan to [only] the ‘lender’, then if that original lender is not owed any more money, (which it is not since the loan was sold off), then the deed is no longer valid for any purpose- because the trust has terminated! Once the purpose the trust was created for became extinguished, then the trust itself became legally terminated.
HOWEVER, the alleged note holder will not wish to acknowledge that the mortgage deed- which implemented and governed the trust, has actually become an invalid instrument, and that the original trust has for all practical purposes terminated. Nationstar wishes to enforce the deed as if the deed protects Nationstar as the “lender”, but in reality Nationstar is not the lender, and the trust terminated when the original “lender” sold the loan years ago.
Anyway, write back to me privately, and let me know what the scoop is.
Paul peggli@cox.net
I did what you said and looked at the original note/deed. JP Morgan used a forged note/deed that was missing notary signatures as their power of sale to sell a vacation home in the mountains I built in March of 2015 . They submitted the same forged note to a Miami Judge in my Chapter 13 BK case which is a felony. I hired an attorney in Miami to sue for fraudulent foreclosure, gave him $5k , he took my money , promised to file a complaint and never did. Any advice ?
Not sure how far you’ve gotten at this point. You have to put that information on record in court. Put it on record with affidavits and do it correctly. If you are owed money or damages then get it and don’t feel bad about it… feel great about. That’s money for you and your family. I have no sympathy for the bank. Stick to the facts in court. Be straight to the point…leave your emotions out of it. Hope this helps.
Is anybody here looking into the role being played by 501C3’s in foreclosures? We are being sued for foreclosure by a 501C3. The loan originator got merged with a Big Bank (BB), then the loan was “sold” to a 501C3. (Loan was non-performing (NPL).) We have a “pool” designation from 2015 that appears to designate both the 501C3 and the BB. HUD started auctioning non-performing loans in pools in 2010, FreddieMac followed suit in 2014 and Fannie Mae joined the fun in 2015, all auctioning off NPL pools and SAYING (hah!) that they really, really hoped that not-for-profits and minority/women-owned businesses would be the winning bidders. (Disgusting!) In reality most of these pools have been bought by various BB’s or investment houses, and the not-for-profits are complaining that they can’t get into the game because the BB’s outbid them. Goldman Sachs buys NFNMA NPL pools through a “subsidiary” (as partial fulfillment of their obligations under the mortgage settlement agreement). My question here: what if a BB creates a “subsidiary” that is a 501C3 and sells loans that the BB is already servicing into the 501C3? Do they get additional credit on their settlement obligations? Do they get additional tax write-off’s from foreclosures that are brought by the 501C3?
Need some help!!! In Texas they don’t recognize robo signing unless you have exact proof. I have docs that were signed by Judy Fabre. How do you find out if your loan was in the groups that she was caught and admired tadmitted where robo signed. Those should be fraudulent and null and void. I do I get this info for court ?
Thanks !!
dual tracking again after these banks and mortgage servicers ( which are generally the same) this is not going to end anytime soon. I dont understand why trump does not speak out on this. no wonder home ownership is down and prices are too high anyway. should go down with the rise of interest rates. sorry to hear this happen to you. the courts just issue a deed of their own fabrication, called certificate of deed or some fake name like that. they are just walking all over hard working americans, stealing our homes, part of the NWO. Wake up or they will rob you of everything you THINK you own. B******s
LMS,
1-Dual Tracking! Excellent! There’s grounds alone for their Complaint!
2-While I love where we are vs. where we could have been (LOTS Closer to full blown socialism, w/HRC clearing out the shelves of the already exhausted FED like Russian wives in the ‘grocery’ on Americans depicting ‘shopping’ under Communism in the former USSR), Trump is keeping his word, on the issues addressed prior the election. His Sec. of Commerce is bad news and Sec.of Treasury is an absolute nightmare, who RAN a Mtg.Mod. Company and LIED about his company & all the mega-banks when giving testimony B4 Congressional Committees.
3-He (Muninchyn or however You spell it) said “Banks DIDN’T WANT TO FORECLOSE, and modifications were far more cost effective to their bottom line” (I call BS, because they reigned down the FC’s in Florida INSTEAD of mods, and worse WHILE DOING THOSE MODS! They got their CAKE, ATE IT TOO, then turned around and re-sold the CRUMBS! I can only speak to FLORIDA, however I’ve read where it happened (and more importantly STILL IS HAPPENING) nationwide.They’re not only too big to fail, their too corrupt to jail (for fear they’ll educate all the small timers in adjacent cells!). & Now we get to use printed money with this LIAR’S name signed on it for the next 4-8 yrs.
Not saying Geithner was a BIT Better, but we were voting to DRAIN the SWAMP, not stock it with LARGER gators.
Trump coulda done a lot better, & then again, his sister’s a lifelong Goldman-Sacks Higher Up (yep, the same folks that underwrote & UNDERWRITE the Insurance, on the derivatives, for the Trusts, for their Trustees, for the Holders and Servicers of the Trusts Assets, all those MBS, which are founded on a failed concept from the outset….A:Real Estate always goes up, B:the stock market always goes up, C:people always pay their mortgages, and D: people NEVER, EVER REfinance those mortgages….any recent history contradicting those philosophies of biz? Ultimately, like before we’ll lose & they’ll win, even on the most STUPID WRONG Bets, because they Are…’the system’).
jmho,
-Michael
I have a question I am hoping to find an answer to. After the death of my mother the mortgage servicer refused to recognize me as successor in interest and basically demanded the due on transfer clause on an exempt transfer. The property was underwater but after a long struggle we managed to get refinancing. The loan was in foreclosure and scheduled for trustee sale. A month and a half after the new loan closed we were notified that the trustee had auctioned the property anyway, four weeks after the new deed had been recorded. My question is, how could the trustee have auctioned a property without a deed? The property was sold to the mortgage company. It all got straightened out, as far as I know, but does anyone know if this is legally possible? I’d appreciate any information.
Hi Terry,
No it is not ‘legally possible’. It IS Highly ILLEGAL. It’s another in the millions of clouds on titles that has been caused by bank corruption and judicial collusion throughout the country. You have a case, depending on Your state there are laws against this, as well as Federal Laws covering every state. It really doesn’t MATTER whether the Mortgage “SERVICER” ‘chooses’ to do, it matters what the Mortgage SAYS, and whether even that section (or the entire mortgage document) was legal, in Your state? IF (and that’s a really big word) the OBLIGATION inures (passes on to) upon all heirs and/or assignees (which is usually the case for all debt instruments, on ALL Parties thereto), normally spelled out in the FIRST and Second and LAST Paragraphs of All Mortgage/Deed of Trust Instruments (& elsewhere therein as well), You were automatically ‘successor in interest’, unless either a state probate, or federal bankruptcy court determined OTHERWISE? The “Due on Sale” (You called it ‘transfer’ & it can be titled that way) Clause usually EXEMPTS Death, Mental or other Incapacitation, because 1 of the fundamental freedoms our country was FOUNDED ON, was the right to OWN Private Property/aka REAL Estate, and the ‘estate’ part of that term meant ‘in perpetuity’ which means For-Ever, which means it ‘inures’ NATURALLY to the Family, Decedents, Estate Administrators, HEIRS of the estate. To State otherwise IN A CONTRACT would violate every tenet of the fundamental foundation of the concept of OWNERSHIP, of REAL ESTATE, <-making same an 'oxymoron'?
They Clouded Your title. Their TITLE SEARCHERS, 'didn't'. You can SUE THEM, You can SUE their Attorney/Title Company/Title Insurer. You will WIN, and every dollar and cent that You spent defending and refinancing is claimable as a damage, plus the full value of the property, ESPECIALLY if You wound up with a "Special Warranty Deed" from the former Lender? Here's the best part, and nearly all R/E & Litigation Atty's already know, ALL Costs and Atty FEES When (not if) You Prevail. Start shopping attorneys. Any who says "You have no damages" just doesn't want to take on the 'system'. Find a Good Litigator, they'll know better.
Be glad You aren't in Florida. Nearly Our entire Judicial Branch all the way to our Supreme Court has been bought and paid for with either former bank lawyer Justices, or their pension plans are so heavily weighted with BANK Stocks, they don't DARE overturn the stone covering the corruption You have documented IN THE PUBLIC RECORDS, in Your complaint.
HTH,
(& I Am NOT a Lawyer, I'm NOT giving You legal advice, I'm recommending You Seek OUT a lawyer, because even Bill Handel of 'Handel on the Law' would tell You, "YOU HAVE A CASE!".
-Michael
The trustee did not know that the loan was paid off prior to it “selling” the property. You better be certain that the title to the property is clear of the old lien now.
Oh and my friends have called around. So far no attorney is available to take on the case. At least in its current status. Post judgment. But I so agree, what attorney wouldn’t want the free publicity that this case would give? They would get rich or more rich on just this case alone. The amount of clients they’d get would be unbelievable. So many people out there are using owner financing and they are getting screwed and probably don’t know about it.
I think about those folks that lost their homes and couldn’t get a bank loan with a gun. They are all possible victims of fraud. The sellers inflate prices of homes to hide interest a lot. That is pretty obvious just from searching Craigslist for owner or seller financing. The house price is outrageous. Reminds me of those buy here pay here lots. Some say they offer 0% interest but the price of the car is 80% higher than it should be. Crazy!
I think my friends have a call into Mr Sawyer. It would be nice if they could take it on a contingency basis. The seller is not poor and owns a lot of real estate. The case could be huge.
But where are the law firms to take this to federal court? I guess they must be rich enough.
If anyone thinks of another firm, please let me know. I am passing information onto my friends who are so down and out about all of this. How the judge could not listen to a word that was said. How it could have gotten this far is what blows me away.
Has anyone ever threatened bankruptcy or a lawsuit to the opposing counsel? This is not something they have mentioned to me, but I am a bit more ruthless than they are.
Hello, Can you give more details about this case?
Soltis, You’ll need to check further back in the thread, grab her gmail acct. & email her directly? I tried (3x) & she said It was going to spam, but still never replied offline. I’m hoping whoever her friends are didn’t get hooked up with a shylock, because they’ll spend thousands and likely still lose (since they’d already ‘lost’) & get an immediately scheduled sale date. I know folks both in the area & across the state, that, IF their Equity was sufficient (& it MUST have been for Seller who’d given them loan in the 1st place, to go to IMMEDIATE FC Proceedings), would LOAN them the funds, regardless of credit, as long as they had ability to pay back and again, that ‘sufficient equity’. That’d get them breathing room, & the dirtbag seller (& their dirtbag collections attorney) out of the picture, for-ever.
she was a ‘1-hit-wonder’ who came, got her answer(s) & likely will never return (although I hope I’m wrong).
HTH,
-Michael
Hi Carmen. Thank you for the update. I know the lawyers mick mentioned are fairly decent. I actually spoke to bruce jacobs and ice legal Ice legal has alot of green attorneys. I really dont recommend them unless you get tom. And bj is going to be very expensive. He is in the high rent district of downtown miami. I really wish your friends the best and hope they kick their a$$.
Randy ackley west palm. He used to work for Ice Legal
Has anyone used Full Disclosure LLC and Jay Patterson for inexpensive PSA search?
So, say I get really lucky and get a Summary Judgement with attorney fees paid. With a CRAZY GOOD case, is there a Florida attorney who would then file a Wrongful Foreclosure Personal Injury type case on a contingency basis? All the big banksters, servicing companies who have paid heavy fines in other cases, and law firms who have been caught, are all involved in my case.
I appreciate your thoughts!
God bless all of you!!!
ALL of the ONE’s I named for Carmen, PLUS Morgan & Morgan & dozens of other ambulance chasing, class action filing big named types would SALIVATE at the opportunity to SUE YOUR FORMER LENDER for wrongful FC. We have a guy named Sawyer Smith here in Ft.Myers, who SUED BoA and WON over a fraudclosure filed by them against folks who’d PAID CASH! Not only did he get Summary Judgment, he Got a LIEN on BoA’s PROPERTY and pulled up with DEPUTIES and a MOVING TRUCK to remove and SEIZE their Assets at a BRANCH in Ft.Myers! When, after locking the doors, the branch manager realized the jig was up and the movers were going to be taking EVERYTHING out of the branch, because corporate still hadn’t paid settlement costs (including, of course ATTY FEES), he CUT a CHECK….point IS that it MADE the NEWS here and is STILL on YOUTUBE. Just Search it. And tell me what attorney DOESN’T Want to be FAMOUS?! ON Prime TIme Local Nightly News W/O having to PAY for the Commercial for same?
Sooooo, stillfighting, HellYes! Like I said they’d be KNOCKING YOUR DOOR DOWN to represent You (and a bunch more, maybe like us?) and others wrongfully FC’ed by the Same Megabank(s).
Point is, can You GET summary judgment? Can You PROVE Wrongful FC to these atty’s? If so, What in the Heck are You waiting for, old age? Jeez, Louise, I’d just love to read the filed complaint!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Happy Valentine’s Day & Here’s hoping You get motivated soon, because busting the FRAUD is about a DECADE past due?
Most Respectfully,
-Michael
LOL! Living here in Pinellas county I remember the news and the truck pulling up to the BofA branch. You’re right….that went on national news. And I can bet that attorney got a lot of business that came in from ‘free’ advertising for his process serving…!!
HA! That put a big smile on my face, Mick. I agree with you guys. Pay off what the summary judgment is. Then sue the losers for fraud. I am going to call them right now.
Oh my email address is wintworthllc at gmail (dot)com I am sorry about not including it. These people are my friends and I am so glad I found this website.
I didn’t know Morgan & Morgan handled wrongful foreclosure cases. Just looked up Sawyer Smith. Giving them his number. I wonder if he would work on contingency?
This lender owns a lot of property…. so there is a lot to be had!
If any attorney is reading this and wants to jump on a money heavy case you got my email address now.
Carmen.
Hey Michael! I got your email and it has disappeared. Very strange, it is no where in my Gmail account. Must be gnomes! hahah Can you send it to me again. I am at work and I am interested in the lenders you know. My internet at home is crap and not working properly.
Cheers,
Carmen
Carmen,
Check Your inbox (then hit PRINT!, then have a pow-wow w/customer service 2gmail!)
Hey guys all is good! They found an attorney who is just itching for this case. I don’t know the name, but they are finally smiling! Thanks to everyone, for your help.
Carmen
Hi lms still rolling w the punches!
Hi Hammertime, so true, hope all is well.
Just pawns in a billionaire civil war. We keep fighting not only for our homes but for our democracy at this point.
imo, its all part of the globalist agenda, to further dumb us down and to control. all the TBTF bankers are globalists, along with apple, etc. I have a feeling that the housing crisis could be just the start. they want to control population, your money, everything……. they are a bunch of elite sickos that need to be removed from this earth.
After reading this post of disbelief that a bank can foreclose and steal your home and that our courts allow it is just so sad! You people who are not “getting it” really need to understand that this is exactly what is happening! It’s unbelievable but true and why?
1 word.
GREED
URGENT CALL FOR HELP!
I have some friends who are looking for one of the best foreclosure appeals defense attorneys for a case in southwest Florida. This is a wrongful and fraudulent foreclosure.The property is owner financed and violates the Dodd-Frank Law at the time of the closing, the usury Law and plenty more. Basically, the seller and her so-called debt collecting attorney have lied all the way through the case. The homeowners had attorney that was incompetent with foreclosures and cost them the summary judgement hearing. A sale date has been set and they need help now.
If you are an attorney please email me directly with your information and experience with this sort of case. Then I can pass it along.
The homeowners have been through hell already and still going through it. The facts of the case are insane. How can people get away with stealing people’s homes?!
They need an angel to help them. Not someone who wants their next born so they can buy a new Mercedes and a $2,000 suit. That wont work here. These people are amazing, genuine, full of compassion, and would drop everything to help someone in need. Now they need that help returned to them. Time is ticking away FAST please hurry before they lose everything.
how can a bank steal a property that is owner financed unless, the new owner took out some type of secondary loan with a bank or perhaps, the seller that financed to the new owner has debts they have not payed and whoever their bank is is coming after seller’s assets which would include the income stream from the seller financed mortgage, otherwise the property could not be touched by anyone except the seller to foreclose if the new owner is not paying them. sorry carmen, there is more to this than you know or or saying. we know the banks are complete aholes, but there has to be a paper trace somewhere for this to fly!!!!!!
Owner financing, for the most part, is exempt from Dodd Frank in that unless the seller has financed more than 1 property per year they are exempt. Violation of usury is very, very hard to prove let alone get any kind of relief. In south Florida, where judges are more or less indebted to the banks for their support in re-election campaigns, are still not abiding by the law. Talk about corruption!!! Mark Stopa and Legal Ice are probably going to be their best bet in representation but they will need to act fast. No amount of ‘angels’ (unfortunately) exist in this nation’s court system. Best way to stop corruption is to vote out the sitting Judges and vote in those that stand by the laws of the land and not by the $$$ in their campaign funds.
Hello! Sorry that I didn’t include more details,it was quite late when I posted it. There aren’t any banks involved. The property was free and clear without any liens. The owner financed it and they hand an official closing just like a bank. The home is in the buyers name legally. The Dodd-Frank law section on Residential Mortgage Loan Origination Standards covers owner financed properties. In a nutshell, property owners who sell less than three properties a year are exempted from becoming a licensed mortgage originator. Only IF they follow the the guidelines stated by the law. Here’s a link to the public law https://www.gpo.gov/fdsys/pkg/PLAW-111publ203/pdf/PLAW-111publ203.pdf
Page 763 & 764.
And here is a snippet:
A mortgage originator:
“(E) does not include, with respect to a residential
mortgage loan, a person, estate, or trust that provides
mortgage financing for the sale of 3 properties in any
12-month period to purchasers of such properties, each
of which is owned by such person, estate, or trust and
serves as security for the loan, provided that such loan—
‘‘(i) is not made by a person, estate, or trust that
has constructed, or acted as a contractor for the
construction of, a residence on the property in the
ordinary course of business of such person, estate, or
trust;
‘‘(ii) is fully amortizing;
‘‘(iii) is with respect to a sale for which the seller
determines in good faith and documents that the buyer
has a reasonable ability to repay the loan;
‘(iv) has a fixed rate or an adjustable rate that
is adjustable after 5 or more years, subject to reasonable
annual and lifetime limitations on interest rate
increases; and
‘‘(v) meets any other criteria the Board may prescribe;
The issue here is that the seller violated rule (ii) and (iii). They have spoken to several attorneys all of which state that the seller did violate the law after reviewing the case facts.
So need an attorney to file an emergency stay and an appeal.
Not related to this case. If someone seller finances a property and they still have a mortgage and fails to pay the mortgage, even if the buyer is paying. The bank can foreclose on the home. There have been a number of cases where this has been an issue. They see it as fraud because the seller is committing fraud by keeping the money. Here is a link to a story where this happened to http://homeequitytheft-cases-articles.blogspot.com/2011/10/builders-contract-for-deed-scheme-used.html
Carmen,
There’s Bruce Jacobs in Miami. There’s Ice Legal in Miami. There’s Kevin Jurisinski in Fort Myers, There’s Mark Stopa up around Tampa. There are plenty of great lawyers who will help them out IF THEY HAVE A CASE. I don’t know who their ‘incompetent’ atty was, or How “incompetent” he was, however in Fort Myers & Naples (aka “SW Fla.”) Your friends already have a HUGE UpHill Battle, as, shy of murdering the FC Defendants, FC Plaintiffs prevail about 99.999% of the time here, with both LOCAL and Appellate justices nearly UNANIMOUSLY being former ‘bank lawyers’ (just the way Florida BAR and Judiciary Appointment Committee Want It). That said, THEY aren’t going to acquire representation for ‘free’ because YOU THINK They’re “good people’. They sure as heck aren’t going to get GOOD representation for a CHEAP price. They may wind up in the hole, however IF They still have significant EQUITY in Said Property, I know folks who will refinance them RIGHT NOW….by like, NEXT WEEK, and they can deal with everything else, later, while simply paying off the ‘scumbag’ & scumbag’s lawyer/fees/court costs, and then PURSUING a Separate (or SERIES of Separate) Action(s) against the Plaintiff & Counsel for the purported frauds on the court, etc. IF Your friends have EQUITY, (aka their house is worth $350k & this FC is for $150k) I KNOW People who can help Them immediately (& Don’t CARE About the circumstances, as long as there’s sufficient EQUITY, and a reasonable expectation that the borrowers, Your Friends will PAY THEM BACK).
I’m guessing Your friends need an immediate motion for rehearing, or to file a notice of appeal. I can help them prepare either, if they need to start of pro se (initially representing themselves, while they secure counsel. I WOULD NOT Recommend, ESPECIALLY HERE, they attempt to ‘defend themselves’ in the appellate realm….that never ends well) however moving to the appellate realm only works IF their attorney wasn’t Completely incompetent?
There are also multiple FEDERAL AGENCIES who’d love to hear how their rights were violated (I’m concluding TILA violations, GFE Violations, and a fair # of D-F violations if this is their primary residence)? Is there a particular reason why they didn’t/haven’t COUNTER SUED for fraudulent FC and damages? IF They’ve really been ‘hoodwinked’, there are a SLEW of Attorneys who’d take BOTH the APPEAL and the Fraudulent Foreclosure Case on CONTINGENCY because if the attorney sees fraud having been committed, IN THE RECORD, he/she know they can prove it, expose it, and reverse Your “friends” existing summary judgment.
Usury in Florida is EITHER: Charging Interest exceeding the State Maximum allowed on Real Estate (read=18%, yes, You read that right, EIGHTEEN percent), or charging interest for periods of time either before the owners held title, or after they surrendered title? Usury is a pretty high threshold to meet/prove?
FYI, I am NOT an Attorney (or paralegal) and only do legal research for a few FC Defense firms. IF they have a case, any of the 3 named above will take it and save them their home. Sale Date is immediately suspended with the filing of a notice of appeal. Appeals take about a YEAR, average, and probably will cost them $10-$20k. Keep in mind that IF the “Owner” who did the “Owner-Financing” broke State or Federal Law, and that can be proven, as well as the “Owner’s Attorney” making false representations before the Court, they not only have 1heluva case, they GET THEIR LEGAL FEES and COSTS awarded (both at the district and circuit levels) if what You state can be PROVEN. nobody “can email You directly, unless You make Your email address available to us.
Please consider NOTHING I have TYPED above (or below) “Legal Advice”, as again, I am NOT licensed to practice law in Florida (or any other state). The Underlying SUGGESTION is that You have Your ‘Friends’ begin calling/emailing the above named suggested ATTY’s for some LEGAL advice. Let THEM tell YOU (or more aptly Your “Friends”) that YOU HAVE A CASE.
The FIRST bit of NON-LEGAL Advice I would give Your Friends is to REFINANCE RIGHT FREAKING NOW…close Next WEEK. Get the scumbag outta their lives and breathe easier (again IF THEY HAVE EQUITY, & I’m betting the probably do….usually landlord mindset mortgagee’s jumping the gun on FC’s are AFTER that EQUITY!)
The Second bit of NON-LEGAL Advice I would give Your friends is to GO to the COURTHOUSE, Clerk’s Office and shell out the $100-$500. to get a copy of the ENTIRE Complaint & Action, including the summary judgment ($1. per page, statewide cost). Take it to Kinko’s/Office Depot/Staples w/a THUMB Drive (or do this at home if they have a scanner) and create a chronology of “.pdf’s” keeping them to about 2-3mb ea. and number all files/including motions & orders by DATE, or other numerical procedure so the entire FILE makes Chronological Sense. HAVE it on a thumb drive when meeting with the atty’s. Let them READ the case. IF It’s winnable, the ATTORNEY will see that and tell them so. I can also share simple online format to transfer up to 2GB for free to those atty’s.
Carmen, I hope something in this helps both Them and You?
My 2 cents
Happy Valentine’s Day,
Most Respectfully,
-Michael
352.246.7483 anytime
PS:lms53…actually private lenders/owner financiers are now regularly SELLING their NOTES, so don’t assume that just because an agreement started out ‘1 way’ it couldn’t take a serious turn, ‘another way’ after a new servicer begins handling the note & pmts? Not saying that happened here, but it DOES Happen, all the time now.
Carmen,
Went trying to find You online (looks like You’ve been posting all over the place?), however WE can’t contact You via this discussion board, any more than any of the others You’ve posted at, unless YOU reach out to us?
I’m no scammer, and only aim to help Your Friends if it’s not already too late (which, by filing a notice of appeal, even up until midnight tonight may still be timely if the Summary Judgment was on the 30th, the day all Your other postings show?) Actually, Again, IF they Have significant Equity, a refinance, supplying the Clerk of Court with the Funds, EVEN THE DAY OF THE SALE, Prevents the sale. A MOTION for an extension of time to reschedule the sale would likely be acceptable and approved by the COURT, IF they have a LENDER who’s supplied an APPROVAL Letter and specific Date and Time their ReFinance can be CLOSED! I know folks who bail people out in circumstances such as theirs’, EXACTLY. It ain’t pretty, but it keeps them from losing their home and gives breathing room to consider options (like counter suit, funds for legal fees, etc.) Sitting on Your hands, Them Sitting on Theirs, only guarantees 1 outcome…a UHaul Truck in the driveway and soon (& ALL their equity going to their former seller)
CALL ME,
or better yet, have them call me.
-Michael
352.246.7483 up until 10pm.
Hey Mick, I am at work at the moment. My email is wintworthllc at gmail (dot) com Feel free to shoot me a message. That goes for anyone who knows of an attorney or are an attorney that wants to take this on.
This is a case that would set precedents across the nation. No doubt about that.
Happy Valentines Day!
Carmen
I just wanted to wish ALL YALL a GREAT turkeyday <3,,, I lost my battle,but DIDNT loose myself,,,CHASE is the devil,& I hope ALL affected by this virus of a so-called bank finds STRENGTH,PEACE,<3 OF A BETTER DAY <3
Back Atcha Angel!
Actually me thinks it’s BoA, Chase, Citi, Duesche, (<–misspelling INTENDED, TYVM!), AND Wells Fargo who make up the big 5 "SATANS", that desperately need to be broken up, forever. They aren't a virus; they ARE a plague. 7 TRILLION Now in clouded titles in the USofA ALONE! God help all the owners when they go to sell and find out the NEED for all the "Special" Warranty Deeds they Bought in to (While Goldman Sachs funded all the TItle Insurance for the worthless deeds millions snatched up thinking they were getting gr8 deals…..thank GOD we now own a Never been SOILED by the UNCLEAN HANDS of MERS property. It shall stay that way until we and our children DIE, to boot. Black Clouds of a BAD Time are coming folks, hunker down, prepare for the worst and hope for the best….we're going to need a SERIES of miracles to make it through unscathed in the next 18 months as a Country. & Like Angel, I WISH EVERY READER A HAPPY THANKSGIVING, don't forget to give those thanks Yourself, to Your God, because it could always be worse. my 2cents (& no, You didn't have to overpay to get it!) -mick
You’re so right! Thank you for sharing such kindness especially after fighting so hard for what you know was criminal. It’s tough to pick ourselves back up and move forward, I know. My battle was for 7-years, trust in our judicial system spending every last dime of our savings. Extremely naive thinking our courts would no doubt find the lender guilty of illegal foreclosure and fraud, I was made a fool.
However, the wealth of knowledge I’ve gained through this battle shockingly has taught me a huge life lesson that many people go their lifetime never having to experience.
Many Blessings to you and your family! Happy Thanksgiving 🙂
Hey Mick can you email me. I would like to rack your brain some.
Kelly,
IF You filed Your Lis Pendens at the same time You Filed a Lawsuit (Complaint)against Your former lender/servicer (or ‘pretender-lender’) rather than a motion for rehearing (or even With a Motion to the Previous Judgment) that has not yet been ruled on, for a Fraudclosure rather than Foreclosure, You’d better be prepared to fight it until You win. You haven’t ‘slandered’ title if the party that obtained it didn’t have lawful RIGHT TO IT.
IF the buyer at that foreclosure sale didn’t bother to check the court records, inside of those ‘courthouse steps’, prior their winning bid, it’s ‘caveat emptor’ (let the Buyer Beware) with ANY and EVERY FC Sale & Purchase. In addition, IF You can PROVE that You notified the ‘pretender lender’s Attorneys BEFORE that sale, You have zero things to worry about. THEY Clouded (read=Slandered) the title long in advance of You if for some reason they (can be proved after the fact to have) Foreclosed without standing or with other flaws in Their purported chain of title/ownership. I’m sure no lawyer, and this isn’t legal advice, but I can tell You we’re in nearly EXACTLY the same scenario, where we also filed an LP with a followup motion to vacate a void judgment, and we went 1 further….we served a copy of that motion, the 84 pages of attached addendum evidence, AND THE LIS PENDENS, On The Buyer. They, after committing 2 counts of Mortgage Fraud Before Service, Committed ANOTHER TWO Quickly “re-fi’ing” AFTER Service….and their Lender apparently didn’t do a Title Search? Oh Well, as Sophocles said nearly 2300 years ago: “Time Reveals Everything”. Good Luck on You and here’s Praying You & all family members old enough to do so are both registered and Voting for Trump today. A Criminal, for Thousands of Counts of violations for the Espionage Act, not to mention treating our military personnel like disposable diapers (both active duty AND Retired), and Knowing where she stands on the Whole Bill of Rights(starting w/Amendment 2) and the Next President getting a power play not seen since FDR(& he had 15+ YEARS as POTUS to get the ability) of APPOINTING 4(FOUR) SCOTUS JUDGES, possibly even 5(FIVE). It’s a staggering responsibility, and IF HRC’s granted that effort through election today, we, the fighters against fraud, are done. <-Period behind that for a reason. & If anyone out there thinks She'd do anything to Goldman-Sach's, & the rest of the plethora of Mega-Banks after Obama FUNDED their Buying out of all their competition (when both They And Their Former Competition Were Supposed to be Helping US in SOme FOrm or Fashion With that Financial Assistance) That WE the Taxpayers, provided…..well readers, not in Your grandchildren's lifetimes do we recover from a 9 Judge Liberal "Living Document" Left Wing SCOTUS deciding anything, much less Everything. Voting for HRC, is kissing the American Dream goodbye (Communists and Socialists don't approve of 'private property ownership' in case You didn't know?).
Well the Florida Supreme Court made their decision and of course not in our favor.
Which one?
Vote for a criminal not a chance
You only vote for him because you LIKE him,
and you only LIKE him, because you are…. LIKE HIM!
“The only thing necessary for the triumph of evil is for good men to do nothing.”
Even Hitler had massive supporters. Didn’t make him right !
By That line of THinking, Hillary Felon in Waiting Rodham & Shaftem Clinton Supporters are ONLY VOting for HRC because they’re Fellow FELONS in Waiting? Your Quote works exceptionally well when reversed, because WHO we vote for Speaks VOLUMES for WHO WE ARE. Criminals (Either Sexual Predator Husbands who Raped, and Sexually Assaulted all those around him EXCEPT his Wife, OR the Enabling, obviously Chiild and Woman/Victim Hating Attorney Wife of our Former POTUS, who’s running for POTUS, who made a Career of Destroying the Reputations of those victims OF HER HUSBAND), then hid and deleted 10’s of thousands of emails each in violation of FOIA (AFTER receiving Subpoena for preservation of same….imagine if YOU or Me did that? Hmmm?) Are You an Elite Millionaire, who’s given a pass with EVERY Lie You tell, Including those to cover the former, former, former (add 30+ yrs worth) LIE? Do YOU believe the US Constitution and BIll of RIghts should be Shredded? Do You HATE ‘common people’? IF SO? Well, then You DEFINITELY Need to be voting for HRC. No question about it. If not, well, then You still have some time and some choices. You get to determine what kind of Country Your grandchildren inherit, today.
We fought the eviction but had some corrupt county judges in Fort Worth. Judge Don Pierson. Also got a judge who is leaving office and not running again so she could careless about justice. I totally get what your saying about all your complaints to other departments. I have a 15 yr paper trail of mortgage fraud. You name it I got it!!
Working with some extreme cases to do group complaint and/or collaborate, share info. This site is first stab. Very basic, will probably do basic complaint for my own case and/or a couple of other CA cases. Goal to make it public and ongoing. A TX homeowner has been in touch and tells similar story. If want to participate or contact can leave info here http://www.getyourhomeback.bravesites.com/homeowner-status
You do know who Jamie Dimon is right? Established insider deep into fraudulent foreclosures??? http://www.pymnts.com/politics/2016/trump-advisers-want-jamie-dimon-named-treasurer/
That is my thoughts. After we got the very first evic notice I called him and let him know there was a Lis Pendens filed the morning of the sale. He said I’m getting my check back! 21st Mortgage aka GMAC. Mortgage would not return his money. Not new buyer has possession of property and put it in the market and is u set contract. He found out that he could not get financing wanted me to sign off. LOL!!! He said if I didn’t he would sue me for Slander of Title. I told him talk to me lawyer and my lawyer said I don’t think so buddy. We lost the TRO but hopefully we will this since he purchased property as is.
Interesting,so far no one is touching MY property, though unlawfully evicted. Still purportedly NON bank owned after 1 yr+. barely will be getting to file lis lendens. May be all my complaints with every agency, local offiicial had some effect
@Kelly if lawsuit filed legitimately a lis pendens is just a warning so can’t see how it’s slander.
Excuse me my FORECLOSURE SALE.
Hello,
What do all of you know about filing Lis Pendens before your fire closure sale. I filed one after I filed my law suit that morning. Let attorney know and the sale went through. Attorney did not inform new buyer. Filed another suit and a new Lis Pendens now buyer wants to sue me for slander of title since I won’t remove or cancel. What are your thoughts ? I’m in Texas.
ATTENTION READERS!!!! This site has been created for foreclosure fraud, which we are all aware of is the worst crime to ever be perpetrated in American History!!! However, we know there is enough corruption to go around but tThe ONLY way to rid it….
.VOTE OUT ALL THE CONGRESS AND SENATE…….JUDGES…..ATTORNEYS GENERALS…..GOVERNORS! It may take 4 years but this corruption is allowing the banks to steal our homes through fraudulent means!!!! Stop the insanity!!! Vote Clinton for these next 4 years cause Trumps now bought by the Pence corrupt backers, those pesty Koch Brothers!!! Don’t let them into more power, this is the closest they’ve been and all you’re hearing are lies to decieve! Give her 4 years, please, I know this will work!
Firstly, I am almost done reading ‘Chain of Title’, and wanted to say Kudos to Lisa E. and Mike R. for their life’s work here. Next a shout out to all the others here who are helping one another via this forum.
Now a few thoughts:
If you look back, most people voted for Trump in the primaries NOT because he had a flawless personality (far from it), but because he brought up issues that were (deliberately) suppressed for decades by the political establishment in DC. I still believe Obama and Hillary are good people at heart and want what is best for our country, but given their circumstances (receiving campaign contributions) they will not be able to go against Wall St which still controls much of our econo-political system. Recall Obama’s meeting with the 13 bankers at the White House where he caved in and let them keep the status quo? This is documented in Ron Suskind’s book – Confidence Men. And then you take a look at this public link about HRC’s top donors
https://www.opensecrets.org/politicians/contrib.php?cid=N00000019&cycle=Career
and you can see why she cannot ‘rock the boat’ even if she wanted to. It’s a shame because had Hillary not had this baggage, I would have happily voted to make her the first woman POTUS. And as significant as that is, I realized that reforming our political system takes precedence over everything else.
So, yes, I am a life long democrat who is voting for Trump this time. There is always the chance that he too will cave in like Obama, but given what we know about Trump’s independence and fearlessness that seems less probable.
I respect and admire everyone here who is sticking to their own reasons for voting for their favorite candidate, nothing wrong with that. And let that not stop us from working together to ensure that Wall St, K-Street, and Main Street all play their proper roles in our society.
Be well.
This site, the Livinglies site, and Chain of Title have helped me educationally and emotionally during my 9 year battle to same my home. I will continue to support all of them.
But…I’m checking out for a while now that you have all turned this message board into a rambling mess of opinions.
It doesn’t matter who gets elected. It only matters that we work together with the common goal that we have had for the past decade.
Thank you Michael Redman, Neil Garfield, and David Dayen, for all that you do! I’ll be back in a couple of weeks!
Yep, guess Obama was the Republican president in 2008 when the banks were given the bail out. I suggest you vote for the racist, homophobic, sexist, child molester, rapist, adulterer, voyeur, misogynistic, tax cheater, liar, xenophobic Donald yourself. Keep your suggestion to yourself. Shaking my head.over your comments as well as the other person who implied that Obama is dumb because he has not stopped the hacking. It appears that there is a lack of basic information technology knowledge on this board. I must unsubscribe from this website. Thanks to the creators of this website but I think some people have veered off course.
Mick! I believe it has been widely announced on all media formats that Benghazi was closed as it came to light during the investigation that the Republican Congress was responsible for further expenditures…. Mrs. Clinton was cleared, case closed! However, you mentioned it as if you believe she is responsible after a 3 year investigation? If so, it’s pretty difficult to have an intelligent conversation with someone like you who believes what he believes and screw facts!! wow!
Sorry, Tom you’re getting played by the greatest con man in history!
The Donald has made it VERY plain that Hillary and Bill do the Banksters bidding for them, and he is committed to putting the bank fraudsters behind bars, unlike Bill and Oback Barama who let the banks and courts get away with (financial) murder of we citizens which is what put the entire WORLD in financial chaos, where it remains.
MORE than THAT, Trump will straighten out the crooked judges that gift the Banksters YOUR properties even though they don’t have a penny invested in the mortgage…remember banks make THREE to FOUR times the profit of these stolen loans whose original investors were wiped out to conceal the evidence.
Any reader of this site who votes for Hillary is absolutely insane, and you’ll get what you deserve….TAKEN.
I say TRUMP THE ESTABLISHMENT…The Donald is running against the Establishment, folks, – he deserves ALL the support we can give him, starting with EACH OF OUR VOTES
Tom!!!!! Come on??? It’s shocking you have become under this guys con!!! wow!!
Unfortunately you opened up a conversation expecting most to accept your statement as you wrote, portraying as you have the last and final word.
Agree, to disagree. Although I do agree with one comment you made 🙂 most of us are in real need and desparate for advice and knowledge pertaining to foreclosure since our government has failed us all. We should be coming togather helping one another more so since our voice has no sound and have been forgotten by our government who hopes the more we are ignored we will go away.
Remember…..the DEVIL has many faces and is getting rewarded by putting a wedge between us when in fact we need to come togather and strongly fight to be heard and recognized of the losses we have experienced!
Take care,
Lisa
I agree. We went the whole election season without much political rhetoric until now. Someone opened the can of worms and now wants to close the lid. . LOL!
————————————————————————————–
IMO,
The “divide and control” tactic is in full effect by the oligarchy. They continue to pit black against white, both against Hispanics, while we all have one thing in common. All us are HAVE NOTS living from paycheck to paycheck. Fighting to keep our measly homes, while most of them own 3 or 4.
Lisa, unfortunately we are too ignorant to come together and they know it. They make the Blacks seem scary and violent, the Hispanics deadbeat illegals, and poor whites the victims of both. Ahhh, what a brilliant plan, keep us fighting among ourselves while they continue to screw us. This scheme has worked for generations and still works today. They get richer while we fight over their leftover crumbs. Begging them for their predatory mortgages, car and student loans. All while hoping, believing that one day we will be them. The American dream! Just sad.
If we had any brains we would have stopped complaining and started raising money years ago to hire a lobbying firm to represent our interest in Washington. 8 million foreclosures/ donors! But nah, we are too consumed with building walls to keep out those who were here long before us, and reading hacked emails given to us by our enemy.
We can blame all the banks, judges and politicians we want, but when it really comes down to it, there is one main party responsible for our situation. US ! and this election proves it.
We the people… get the leadership we deserve.
Ok, I’m done…have a foreclosure to fight. Enjoy.
You nailed it Walter. We could still be the front lines. We are all united in getting screwed from “inner city” to the “heartland” to all four corners of our country.
No matter who’s elected we need to demand justice. Some of us are going down the road of forming an association that’s going to take a common sense approach and not have anyone speak for us.
It’s just a handful of us and we’re fighting our own cases with whatever we have but we’re gonna give it a shot without any going back and forth or blame game distractions.
VOTE ALL….ALL of the current Congress and Senate and Judges OUT!!!!
We know it’s a web of deceit with the government working with the banks so VOTE THEM OUT!!!!! It could take 4 years as elections are staggered but some of us have been fighting much longer than 4 years!!! Every State!!! It’s a direction of hope cause “they’re winning!”
Enough is enough on this site for airing political views. There are desperate people out there who are looking at this site as a means of HOPE. Please don’t discourage them with all this political raging and ragging. Show some respect. And for God’s sake let’s all try to remember that the one thing that is still precious is the Freedom of Speech but you don’t need to bash another citizen just because they don’t have the same opinion as yours. Just please, you’ve all made your opinions public ~ now just leave it at that. On Nov. 8th you get to share that opinion and that’s a right that a vast majority of the world does not share.
Hey guys, going to vote here in Fla this week.
I will make an offer to anyone willing to accept.
I don’t really care for either candidate, but I’m leaning Hillary. So if any of you can tell me, SPECIFICALLY in detail, what Donald Trump plans to do to address the big banks, that will help us facing foreclosure I will vote for him. Will he help me save my home?
I don’t want to hear anything about Hillary. I know her plan. I just want to know how Trump will address the Banks and help me. If he has a good plan I will consider voting for him. Have no clue what he thinks about the banks since his plans are all secret. Maybe he’s already told one of you guys at a rally.
And how is that going to help you fight your foreclosure? Every administration was and is corrupt to some extent. Its the way a REPUBLIC / so called democracy is. You crying bout emails given to you by Russians? When the Candidate’s former campaign manager is a KGB affiliate? Wow…You don’t care about this country…you care about politics.
Just in-case you forgot…
Prescott Bush was an Opium exporter that almost ruined china. Criminal !
Reagan admin. illegally imported drugs, sold them in the US inner cities (causing the crack epidemic) then used the proceeds to buy military weapons for our enemy IRAN. That was called the IRAN CONTRA scandal which got 3 top ranking Reagan administration officials convicted and imprisoned ( OLIVER NORTH) and almost got Reagan impeached. HUMMMM? Did you forget this when you call Hillary a criminal ?
Yep, then he and Bush Sr. conveniently pardoned them for those crimes. WOW! So, do think Obama shouldn’t do the same for Hillary? Even if they somehow found something incriminating, the DOJ would still have to bring charges, which they won’t.
FACT: Donald J Trump is on Trial for RAPING a 13yr old girl, to which there is an EYEWITNESS! Yet, you are more concerned with Russian emails about Donna Brazil ? HUH?
Moreover, are emails about someone giving answers to debate questions and gossiping about who’s stupid and who’s smart, equivalent to the President selling arms to our enemies, or a candidate Raping a 13yr old?
Oh, and lets not forget Bill Clinton, or Nixion (Criminals) for which they were PUNISHED. Unless you have HILLARY on video with a hammer smashing verified court ordered documents you only have allegations. And what is it’s all dis-proven in the end? Then what? Convict first, trial later, that the American way!
Not that any of this matters anyway. Demographics, Demographics, Demographics !
My friend, this whole government is one big sham, and dumb-bo Trump wouldn’t know where to began to fix it. It will take a VIOLENT revolution to change this country (for good or maybe bad). Last one was the civil rights movement that almost ripped the country apart.
This time, China or Russia wouldn’t sit by and let it happen without their influence. Just like we try to influence Russian politics, they are trying to influence ours. Unfortunately we have a president to dumb to know how to stop it, and citizens to dump to recognize it.
There are CENTURIES of fixed legislation in place to keep those in power, in power. The oligarchy that runs this country has and always will be in control. They have the money, which now (thanks to the SC) controls our politics! We are the peasants my friend. When you understand the basics of capitalism you will see why is believe this.
Our politics are predicated on our ” capitalistic=Greedy” economic system. Economy first….politics second. Money makes this country great. Not politics, now that money also controls the politics so we are really screwed. This is why no one cares bout your foreclosed home. As long as it’s not hurting their money that pays your politician to keep letting them make more money, they could care less. Hurt their money and you get their attention. https://en.wikipedia.org/wiki/Bilderberg_Group
I’m not saying Hillary is perfect. She’s a crook too! I just chose not to support a 7 time bankrupt, con-man, rapist and sexual predator, who’s posing as a brilliant businessman ! You make your own choice. But you can’t piss on my leg and tell me it’s raining! I may have been born at night….but it wasn’t last night.
No SUCKER here! Again…Neither gives a rats=azz bout us.
You can’t connect the dots by skipping over 8 years of not only a catastrophic war but privatizing our military and everything else to Wall St. And Trump has no problems starting a war or siding with Russia. How many widows will we have then? It’s rigged because we have no good choice but the truth is coming out and w Sanders and Warren we have a chance to make things right not depending on Clinton or Trump.
RACISM ALIVE AND WELL IN AMERICA.
Trevor,
I wish I had a nickel for every time I’d heard statements such as Yours above over the course of the last 10 years? While lame duck administrations don’t have much to lose,they DO have further employment opportunities and those are invariably either as lobbyists or ‘consultants”. Further invariably those Lobbyists and Consultants WORK FOR THE MEGABANKS. The game is Rigged when from the top down (including the AG herself) our system has become SO CORRUPT that the Chief Law Enforcement Officer of the United States Casts Appearances of Impropriety Over HER OFFICE (Loretta Lynch) by meeting for 39 minutes, secretively with the spouse (Bill Clinton) of a Party (Hillary Clinton) under US DOJ Investigation. Our system of “Justice” provides us with Judges (by Design) Who have pensions heavily vested in Bank Stocks, who are former attorneys, who worked for firms, that represented BANKS, or were attorneys, employed directly FOR the BANKS, and yet we are prohibited from finding out that information, and are Told, They Are Unbiased. We have the Best MegaBank JUSTICE, MegaBank Money Can Buy. Trevor, I can only speak for Florida, Yet Here, Res Judicata has been “Suspended” with Bartram flopping about on the dock like a mullet out of water for well over a YEAR now pending their decision. Bartram argues that words, in statutes actually MEAN WHAT THEY SAY (ergo, res judicata). Our SCOTUS can’t make up their minds if a Letter of Acceleration actually means what it says, and whether a statute of limitations (specifically FOR Mortgages) also means what it says.Their (Lack of an) Opinion has been upheld by the US 11th DCA so it’s FEDERAL Law for the time being as well. I hope You’re right; I believe based on the actions of our COURTS that You aren’t.
Thanks Mick but you are wasting your time in responses here. Far too many have eluded themselves and drank far too much of the koolaid doled out by the present and past administrations. Basically, you’re talking to a brick wall. When you look at the total corruption of our justice system who favors the bankstas and then tie the bankstas directly to those in the political arena there are those who just cannot connect the dots. You and I have the same thought process but unlikely that we share that amongst the greater population.
After loosing 2 homes to forged and fraudulent foreclosures in both California and Florida, after 7 long years of fighting, I came to understand that there are only 6 Banks in America and all others are connected to those 6 ! They are all part of the 6! Those 6 banks own your State senators and congress and attorneys generals and judges! It is the largest crime in American history and it will only change by voting every sitting officials out of office as well as the Judges!!! It’s as corrupt as could ever be! No jury for a foreclosure trial???? No court reporters during a foreclosure trial unless you bring one on your own…. and good luck finding one as the Banks millions of law firms have them stopped!! It’s unbelievable that I still read that millions of homeowners are still fighting the same way and that nothing has changed??? My heart bleeds for you all cause the rigged system is rapid and your only help is to believe me when I beg you to vote all of them out! It will take 4 years but that’s where we can help the millions that are behind us that haven’t a clue!
Let’s not forget Trump’s mortgage ventures. At BEST a BAD businessman and a liar. And made brokers look good when he stiffed them.
https://www.washingtonpost.com/politics/trump-mortgage-failed-heres-what-that-says-about-the-gop-front-runner/2016/02/28/f8701880-d00f-11e5-88cd-753e80cd29ad_story.html
First let me say that neither of these Candidates will do anything to assist us! Neither give a rats azz bout our situations, but since you guys want to go there… here we go!
It’s astonishing how many women want to be ” Grabbed by their puzzy” and even more astonishing is how many mothers and fathers approve of their daughters, mothers, nieces, sisters and aunts being grabbed by their puzzy. When you approve of this RAPE CULTURE that Trump represents you will get more RAPES. So go buy your daughter a gun and tell her to be prepared. Cause Trump says it’s COOL.
Birds of a feather? His advisory team…. Newt, on his 3rd marriage, cheated on first two wives, and left his cancer stricken 2nd wife while she was in the hospital getting cancer treatments. Rudy, cheated on his first two wives and now cheating on his 3rd. Rodger Ailes, fired by Fox and pays 10 million to setting sexual harassment chargers. Oh, and Ole Don Juan Donald himself. Cheated, abused and raped first wife, then cheated on second wife, with now third wife, and admitted to sexually assaulting numerous women who have come forward accusing him of doing what he bragged about. Oh, but now they all are liars and he’s going to sue them. HOW STUPID CAN YOU BE!
Yes, Hillary is just an opportunistic politician who will do and say whatever to win an election. But she’s not a CRIMINAL and has never intentionally hurt people like Trump. Trump is a PROVEN vindictive, dangerous, bully that picks on the weak!
He is a racist, he can’t help it, it’s just the era he grew up in. He learned if from this father. I think his discrete racism is what “sub-consciously” appeals to white men. We are afraid of anything different from us. Afraid of losing our privileged to automatically earn more than a woman, or get a job before more qualified minorities. Why we mostly hire people that look like us. That’s who we grew up with and feel most comfortable around. Nothing intentional, just an inherent bias we we have and Trump represents.
Trump is a 70 yrs old, rich white guy, who’s father was a racist arrested at a KKK rally in NY. He taught his son everything he knew including racism and housing discrimination. Is he tolerant of others? Yea, maybe? But does he see them as equal humans! HELL NO! And that’s a problem for a president. Just to prove how “sub-consciously” racist we are….answer this. If Obama had did any of the things that Trump has done, would you support him as you do Trump. Answer honestly ! NO YOU WOULD NOT! WHY? Think hard ! SEE WHAT I MEAN?
IMO….Trump is a
Rapist
Racist
Sexist
THREE STRIKES!
Moreover he’s a dumb idiot that will get us all killed or have us speaking Russian because he thinks he already knows everything. If Hillary was running against anyone but Trump, I would vote for them. Just can’t support a Rapist, especially when they have no coherent policy solutions to offset their obvious character flaws.
Yet, I’m an American, and unlike Trump and his supporters, I WILL accept any decision my fellow Americans make. Even if its to destroy this Great nation and elect a greedy, serial sexual predator, and narcissist !
God Bless America
Semper Fidelis
Still on my Soap box!
Tony,
650,000 emails.
650,000 Felony Violations of the Espionage Act.
Hillary Clinton is Guilty.
She’s going to be the 1st President in History who’s allowed to PARDON Herself!
We’re heading to Banana Republic territory.
Our Legal System has been Corrupted by Clintons since the 1990’s.
Allegations of guilt are simple.
Subpoena for preservation of records is received.
Deleting 33,000 emails begins THE FOLLOWING DAY.
Private Server, Illegal and DANGEROUS to protection of National Secrets
Lying to Congress, Each is a FELONY.
LYING TO THE FBI…Remember Martha Stewart?
& that was over a measly stock transfer.
God Help Us with an OPEN SOUTHERN BORDER and BRIDGE over the Rio Grande, Unconvicted Felon(s) in the White House, who’s primary agenda is to stack the Nations’ highest court and dismantle the Bill or Rights, STARTING w/the 2nd amendment, however if they get the 2nd, they’ll take all 10.Never thought I’d see this in my lifetime. I was wrong. Trump does stink; But he’s head & shoulders above a Corrupt Career Criminal who’s already guilty of at least 33,000 Felonies, more than likely 600,000+. That boggles the mind, and yet there they are, on Anthony (the Sexter to minors in front of his own baby) Weiner’s computer. He’s creepier than creepy, yet Huma & Hillary had no problem w/Even HIS Conduct until Caught Red Handed? You’d advocate for our own Female Caligula? Your argument terrifies every sane Constitution Clenching American Patriot.
Semper Fi,
-Mick
Did someone say CRIMINAL ?
What gets lost amidst all the outrageous things Donald Trump says is his record of criminal activity and alleged criminal activity. It is as if the media and public assume that Trump cannot be both an outrageous buffoon and a criminal. Here is a summary of the most notable allegations against Donald Trump, conveniently all in one place.
-Trump and his father were sued by the federal government for housing discrimination in the 1970’s for refusing to rent to blacks after an uncover investigation. They lost, signed a consent decree, and were forced to desegregate their properties, which they later violated.
-He is being charged with fraud in connection with Trump University. Eric Schneiderman, the Attorney General of New York, who is prosecuting Trump, told CNN, “If you look at the facts of this case, this shows someone who was absolutely shameless in his willingness to lie to people, to say whatever it took to induce them into his phony seminars. Telling people who are in hard economic times — we’re talking about 2008, 2009 — people desperate to hold onto their homes, to make some money, convincing them that he will teach them his entrepreneurial secrets.”
– Trump Tower was built using undocumented Polish laborers to demolish the building that previously stood on the site. At trial, the workers testified they worked without basic safety equipment like hardhats and gloves and they were supposed to earn $5 an hour from Trump’s low-bid contractor. But court documents show that for weeks, they were paid nothing. An NBC News story in which numerous witnesses were interviewed showed that Trump knew about the undocumented, unpaid workers. Yet under oath, Trump testified that he knew nothing, thus adding perjury allegations to the labor law violations.
-Trump is alleged to have violated immigration laws in hiring foreign models for Trump Model Management. These models worked illegally, and he failed to pay them fairly. Two of the former Trump models said Trump’s agency encouraged them to deceive customs officials about why they were visiting the United States and told them to lie on customs forms about where they intended to live. “It’s like modern-day slavery,” one model told Mother Jones. Senator Barbara Boxer has called for the Department of Homeland Security to investigate Trump for human trafficking in relation to Trump Model Management.
– Trump’s charitable foundation appears to have repeatedly broken IRS rules, according to the Washington Post. In five cases, the Trump Foundation told the IRS that it had given a gift to a charity whose leaders told The Post that they had never received it. In two other cases, companies listed as donors to the Trump Foundation told The Post that those listings were incorrect.
-His charitable foundation violated tax laws by giving a $25,000 political contribution to a campaign group connected to Florida’s attorney general, Pam Bondi, in 2013. As a registered nonprofit, the Trump Foundation was not allowed to make political donations. He paid a $2,500 fine.
-Trump is accused of bribing the Attorney General of Florida, Pam Bondi to drop her investigation of Trump University. She successfully solicited a donation from him before the fraud case, and afterward, he held a fundraiser for her at his Mar-a-Lago resort in Palm Beach.
-In 2007 and in 2012, Trump and his wife bought two gifts for themselves at charity events for his foundation, totaling $32,000, breaking IRS rules. One gift was a $20,000 painting of himself.
-A deposition describes him raping his first wife Ivana, pulling out fistfuls of her hair in a fit of rage, stripping off her clothes, then penetrating her forcefully without her consent, after which she hid in a locked room and cried all night, as revealed in the 1993 book Lost Tycoon: The Many Lives of Donald J. Trump, and described in a Daily Beast article. The divorce was granted on grounds of Donald’s “cruel and inhuman treatment” of Ivana.
-He is currently being charged with child rape in a case for which there is an eyewitness and credible information to support the claim. The woman filing suit in April 2016 claims that as a 13-year-old in 1994, she was enticed to attend parties with the promise of money and modeling jobs at the home of Jeffrey Epstein, a Level 3 registered sex offender (the most dangerous kind), after Epstein was convicted of misconduct with another underage girl.
The woman alleges Trump initiated sexual contact with her on four separate occasions, with the fourth being a “savage sexual attack” in which he tied her to a bed and forcibly raped her while she pleaded with him to stop. He threatened that she and her family would be “physically harmed if not killed” if she ever revealed what was done. The eyewitness, Epstein’s party planner wrote, “I am coming forward to swear to the truthfulness of the physical and sexual abuse that I personally witnessed of minor females at the hands of Mr. Trump and Mr. Epstein . . . I swear to these facts under the penalty for perjury even though I fully understand that the life of myself and my family is now in grave danger.” Trump told a reporter a few years ago: “I’ve known Jeff for 15 years. Terrific guy. He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side . . .”
In sum, this history and these allegations alone would disqualify someone from a job as a camp counselor, bank teller, or any position of trust. Imagine what Human Resources would say to this record. Perhaps Trump could get a job pumping gas. But President of the United States? I don’t think so. Many have served prison time for doing a lot less.
Follow Melissa Bartick on Twitter:
it’s ironic that all of these allegations start off with ‘allegedly’? Wouldn’t that mean….NOT A SYLLABLE of it’s been proven yet? Unlike Hillary’s dead bodies of evidence that seem to be pooping up everywhere like a flooded graveyard. I, myself have for many years….actually my whole adult life, paid as LITTLE Federal Income (or any other) TAXES as I could legally get away with. I have not filed Corporate BK, but if it fit the situation, and was recommended by financial advisors and attorneys, certainly would have to protect my personal and family wealth and name. Women? Men? Those drawn to wealth and power are like moths to a flame….like groupies to rock stars; when rejected (often, not always) re-frame history in their own minds and after reciting same enough, actually believe the lie (on Both Sides of that interpersonal relationship). Nobody’s perfect, yet corrupt to the cells in one’s marrow, a radical socialist who wants to (continue to) transform America from a Representative Republic, with Democratic Principles, Governed by the Rule of Law scares the sane of us out here, to death. We supported Bernie, We may have even supported Cruz, Jindel or Other Conservatives who planned on breaking the system in their own ways (Cruz advocated dissolution of the IRS, DOE EPA and ripping apart of the regulatory state, Bernie would have broken up our nemesis, the MegaBanks), however Hillary’s in their Pockets, and seeks only to enrich herself, family and supporters while the rest of us are relieved of whatever wealth we have left, and utterly destroyed under the boot of tyrannical gov.org, run by our first criminally corrupt POTUS who even Al Capone could have taken lessons from. From Donna Brazille to Debbie Wassermann Schultz, to now even Bernie….the game has been rigged from the outset, for at least 1 party. God Help us All, and Trump’s no savior; I’m the 1st to say it. YET he has a glow behind his head like an ANGEL compared to HRC.
You seem to have forgotten that Donald J. Trump is headed to “criminal court” for his “criminal fraud case” on his Trump University scam which is far, FAR, worse than anything Mrs. Clinton has been falsely accused of!!!!
Plus, let’s not forget how he boasts he’ll make America Great Again yet fails to bring his thousands of outsourced jobs back to America, continues to buy all his hotel sheets, pillows and furnishings from China as well as Chinese steel for his buildings rather American!!!!!
Only blind American would vote for a real criminal as opposed to Mrs. Clinton who has been under attack for 30 years but all proved to be false allegations!!!!! Don’t be fooled, Vote Blue across the board, that’s where the corruption is located!!!!!
I haven’t forgotten. Really you think what Donald has done is far more worse than that of the security of this country with her personal server and classified information? My opinion is what it is and I have the right to have one. You have yours. Whatever is the outcome on Nov. 8th we all have to live with the results.
Pure deception like the banks have done to make us out to be deadbeats. How can people be focused on emails where nothing in terms of a national security threat or crime has been tied to Hillary while the Russians are hacking US to help Trump? How is working with an enemy government not a security threat? It’s treason!
Your NUTS
How many American Warriors did Trump ALLOW TO DIE in Benghazi?
How many American Warriors FAMILY MEMBERS did Trump LIE to about a VIDEO Causing that Assault on the Benghazi CIA Compound?
How many Pakistani’s did Trump LIE TO in Commercials that Aired All Over Pakistan for Weeks After that Benghazi Slaughter of our American Warriors?
Did Trump have Susan Rice go on FIVE (Count ’em FIVE) Sunday Morning News Shows and Recite that it was a “VIDEO” that caused the Death of our Wariors (while they SAVED 39 others through their efforts, while at least in the backs of their minds, knowing there might be a chance they didn’t survive the rescue mission their Secretary of State had ordered them to stand down from executing)?
Is only BLIND America seeing what REALLY HAPPENED there?
Is only BLIND America smart enough to see that it was HER Policies that now have millions of refugees wandering the middle east, europe and even here, along with the entire region a total ‘cluster’?
If so, color me blind, as re-writing history is left to the victors, and Hillary Clinton is a murderer sure as I type this.
Semper Fi,
-Mick
I’m going to try not to be too political on this thread, but for Hammertime, I’d rather have a shrewd businessman on my team than a down right criminal! And remember, this businessman is NOT the one under a FBI investigation, which BTW if you’ve not heard, is now re-opened. Criminal VS Businessman……? Not much of a choice there. And on the flip side, with all of her power she’s had why have we not moved any closer to an accountability for these banks, CEO’s, crooked Judges that has destroyed the whole theory of The American Dream? I can tell you why. They are all in the pocket of Hillary, tied to her foundation and she’s not going to rock her boat not for you, not for me, not for any American citizen.
Exiting soapbox.
Unfortunately, I only see 2 recent comments regarding politics and seemed light hearted from a reader’s perspective. Although your comment is somewhat aggressive, degrading and disappointing that you could make a judgment call from hearsay from what’s reported on a News station. Especially to folks such as ourselves that have experienced such criminal actions by fictitious entities claiming to own many of our homes. Such as Trump who publically admitted to taking advantage of our unfortunate situations buying up Real Estate. Last I heard Clinton is NOT a proven criminal yet and the FBI agent that requested the investigation to be re-opened is a known republican who supports Trump. The way I see it Trump is for Trump and been able to dishonestly utilize every tax loophole possible including filing bankruptcy several times, having a significant impact on those of us that are barely able to support a family and he again refers to this as smart business. Trump has NO integrity and the only boat he is going to rock is that little button to set off a nuclear war. I do agree we don’t have much of a choice however, I still have some life to live.
Please don’t take this wrong cause we live in America that’s the great thing. It’s okay, really, to have a conversation and agree to disagree. But commenting as if you have the last word in whos right and whos wrong, especially from someone such as yourself with a large presence on this board was somewhat disturbing. Ms. Swann you made the soapbox, we can’t all be like Trump and be set off by small triggers. Now I’m exiting the soapbox. and again please no I mean this in all good intent, just different perspective.
HRC will dismantle what’s left of our Bill of Rights, Constitution and Bill of Rights. She’s advocated for same since college. Why would she have a change of heart at 70? 650 THOUSAND Emails? Child Sexual Predators “Sexting” 15yo’s in front of their OWN child? A woman who made a CAREER out of destroying (further) the VICTIMS of Her Husbands’ Sexual Advances and Rapes? A Secretary of State who SOLD Favor and US Foreign Policy to the Highest (Foreign) Bidder? The Democratic Party Needs to LOOK in the MIRROR for Blame, as TWO of it’s Heads (both Debbie Wasserman-Schultz AND Donna Brazille) have been CAUGHT LYING and FIXING the party nominating process so that for the First Time in HISTORY, an UnIndicted CRIMINAL, under FBI CRIMINAL INVESTIGATION (THREE, not just 1….1 for Server and Emails, 1 for “Quid Pro Quo/Pay to Play, BUYING the favor of the SECRETARY OF STATE and US Department of State Favors for Foreign Policy, and Finally, Misappropriation of Funds via a “Charitable Foundation for Personal enrichment”….ALL AT THE SAME TIME?!?!?) Jeez; I step down from the soap box only pointing out that the Clintons have lived beyond the Rules since the Whitewater Land development Scandal in Arkansas, making $!115,000. on a $1000. investment in the cattle futures market (dozens of experts said that was ‘impossible’ for an ‘amateur’? ) to Vince Foster’s Death (former Clinton Attorney & WH Attorney who somehow levitated himself all the way across Fort Marcie Park getting not the first trace of DNA from the Park on his Shoes before Sticking a pistol in his mouth? YES, the LIST IS Long and could melt the servers for this website (just imagine, 650 THOUSAND emails that weren’t proffered when subpoenaed?) The stack of bodies and evidence around HRC has been piling up like cordwood all the way back to her self appointed position of bimbo-eruption suppression co-ordinator where she headed up the destruction of ANY person willing to even utter what had happened when her husband had assaulted another victim, going all the way back to being AG of Arkansas? Unproven Allegations? No, the coverup is always worse than the crime and we’re dealing with a serial socio-pathic egomaniacal, paranoid power freak. Everyone IGNORES the fact that a ‘private Server” was illegal and exceptional steps were followed to pursue ‘plausible deniability’. That plausible Deniability is founded on one hand, that mens rea (intent) was absent, and that HRC was IGNORANT of the technical aspects of violating the Espionage Act, classification and handling/preservation/protection of classified documents and ALL Government EMAILS. So HOW can the “Smartest, Most Qualified Person for the Office”….simultaneously be so STUPID/Ignorant of the LAW (as a LAWYER to boot?)? It’s simple….the plausible deniability goes out the window, the corruption is in FRONT OF YOUR FACE, and Debbie Wasserman-Schultz after having to step down from the DNC joins the HRC CAMPAIGN! Guessing that’s where Donna Brazille is headed next too? KEEPING a Den of CORRUPTION in the white house only guarantees more (and More and MORE) of the same. NO ONE has ANY FAITH in our JUSTICE System, right here, on THIS BOARD. DO You expect THAT to Improve by voting in MORE OF THE SAME?
If so, why?
I’m really trying to get my head around Your thought processes?
I would start by researching every name on your assignments from the time you bought your house. Make sure they have the original note and that they own it
Yes I am
Oh wow, I wish I had advice for you but I’m not that far. I have Little time left any advice? A lot of people giving me the run around.
Yeah the first one we fought for 8 years and now they picked a different default date different than the first suit. I have a sign in sheet that shows how many times they broke into my house The last time they left unsecured and my house was vandalized
Are you still in your home? I can’t afford a lawyer but Yeah there’s nothing left for them to take now. I’m out of here.
Wow a second foreclosure action on the same property? I am currently at the writ of possession phase however I had a robbery from the third party when my neighbors asked who they were they said we are from the bank.
I have to file a response to a second foreclosure action does anyone have any suggestions ?
Who are the banks, mortgage servicers, and attorneys?
Hillary Clinton’s relatives and friends.
Oh Bobby, you are so right. LOL!
With the Donald in the wings ready to do his shady business lol!
Anyone knows any case law that responds to non disclosure of a forged document to obtain a signed note. We were negotiating what it would take to get a new note signed in the negotiation they did not disclosed the forged notice of cancellation.
My case is in Orlando, Florida
What is the best and most cost efficient way to subpoena two robosigners for deposition, from another state? They work for same company, and should be in same office.
Thank you!
There is some serious fraud with how SLS (Specialized Loan Servicing) is handling my moms mortgage. Does anyone know of a lawyer in Southern California/LA County that has knowledge about the multiple law suits with this company SLS. If so please contact me at ocbeautygirl@gmail.com
https://www.facebook.com/AdventuresIntoSovereigntyDotOrg/?fref=nf&pnref=story
https://www.dropbox.com/s/2urp13mw612fgvp/Linda%20Alamonte%20mp3%20%28audio-cutter.com%29%20number%20two%20the%20call.mp3?dl=0
Linda Almonte Whistleblower – Blowing the Lid Off the SEC and CFPB and the Banks!
The black one. He seemed to understand the SOL rule
I just saw on the news last night that one of Floridas Supreme Court judge is retiring at the end of the year. That’s not good for us
Which Fl Supreme court judge is retiring?
Does anyone know if you can be forced to surrender rental property in a chapter 13.
Yes Angel. Chase is legalized mafia and they will nully u to the end. Stay tuff! Youve got the good people on your side.
There is no way to win until the due process allows jury trials!!
we are back on…..
w help from above and below.
sorry to have gone silent for months….plenty to update on….in time.
keep the faith and always appeal and/or go higher….
I am still fighting for me and for you…collectively.
Peace.
Angel,
We feel ya, been there, done that, going on 9 years now.
WF is Citi Is Deusche, Is JPMChase is BoA is….
they’re all scum and we’ll never do a dimes’ worth of biz w/ANY of them ever again.
We bank w/a credit union now, have a private mortgage (on a never MERS involved property),
and in our case WF sold away their standing (ADMITTING FRAUD in the Answer Brief to Appeal), almost 60 days b4 FSJ here in FL. The Court didn’t CARE. Who cares about ‘standing’? That’s a silly notion of the past that purported to give non-theives, an appropriate venue in the courts for recuperation of losses. Now our courts are a farcical semblance of their former selves, mere TOOLS of the greedy thieves who at no point will be satisfied until the LAST DROP of blood has been sicked from the former financial giant called the USofA, including both You and Me.
Good Luck with Your Appeal (and Plan on losing THERE too, because only will You enjoy the victory, IF You were Expecting the likely Kangaroo Court You’ll most likely wind up with).
Sincerely,
-Mick
CEO of Wells Fargo to be arrested in <60 days….. you were told.
Just the beginning….the very first drops of justice…. it is just us now.
777
I lost:(… they stepped up with a forged COPY of note only,,,,my evidence meant NOTHING,I have 30days & my home will be sold…..TRUTH,HONESTY,PROOF got me no-were…DEVESTATED:(
I’m filing an appeal…..this is BULLSHIT..NOT MY LENDER,NEVER HAS BEEN,JP MORGAN CHASE ARE CROOKS…,,WERE ARE THE GOV,OFFICIALS TO STOP THIS CRAP….I HATE,HATE,HATE CHASE……!!!!!!!!!!!!
@Jack that’s awesome! Did having secret service investigation put the fear of jail time in them?
As Defendants begin to win more of these fraudulent foreclosure cases, will Personal Injury Lawyers begin to sue for pain and suffering for Defendants? Contingency Fee represention would be affordable for us to pursue the banks for pain and suffering and for destroying our families.
I would like to hear more about defendants winning foreclosure cases, and the possibility of personal injury lawyers to begin to sue banks for pain and suffering?, on Contingency fee representation basis, and aggressively pursue the banks for fraudulent foreclosures
Peace I leave with you; my peace I give you. I do not give to you as the world gives. Do not let your hearts be troubled and do not be afraid. John 14:27, NIV
Dear Father in heaven, we thank you for holding open the way into our hearts and for bringing us the peace of Jesus Christ. Help us to keep this way open. Grant us peace in this tempest-torn world. Grant us peace when many struggles and uncertainties try to occupy our hearts. We have no strength in ourselves, only in him who is standing at our side and who will never forsake us, who lives and gives strength. His light will always break in anew among us. His light will shine on many people and lead them to the promised day, the day that will bring all our hopes to fulfillment. Amen.
STAY STRONG! He’s with us!
“If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their Fathers conquered.” – Thomas Jefferson
“For the word of the LORD is right; and all his works are done in truth.” – Psalm 33:4
You are exactly right. I think we all should make a copy of a 100 dollar bill and say well I made this copy of it but now I’ve lost it but here’s a copy for me to spend. That’s exactly what they are doing. The layer for Chase kept reporting to the court that they could produce it at anytime but never did. Now at my deposition their attorney tried to introduce a copy of it and my attorney objected. Fun thing at the end he asked was I prepared to pay this in full today. So asked him how much was it He fumbled through his paperwork and said I don’t know. My response was then I can’t answer that question. He looke puzzled. I’m thinking to myself well if it’s a dollar yes Lol !
Wow this is so informative, I just received a 60 day extension to stay in my house with no further continuanc ES. I’ll leave but I am learning more and more here in PA
my name is Krys came up as Figh
If the “bank” can use copies of your promissory note and mortgage/deed of trust to steal your home, then the homeowner should be allowed to copy $100 FRNs and pay off the loan. We all know who would be arrested. In most foreclosure cases, the bank never submits the original loan instruments into court, because they do not possess them. There is a good chance that the bank has already been paid either by an insurance claim or the selling of the mortgage into the secondary market. If this is true, then it is the lawyer that has purchased your private information (illegal) and is trying to steal your home. About 5 years ago, we tried to get a Bill through the state legislature that would require the banks to produce the original instruments before proceeding with foreclosure. As you can imagine, the banks sent their lobbyists out in droves. At one of the hearings, I heard a lawyer/lobbyist tell the judiciary committee that the reason that the banks were against the Bill was because it would be too expensive for them to produce the original instruments, because most of the original instruments were held in a vault in New York. (I understood this to mean The Federal Reserve) Since a mortgage/deed of trust is a security, making a copy of a security (counterfeit security) and trying to exchange it for property of value is a Class B Felony. See Title 18 USC 474 I went to the court a few months ago and got certified copies of my promissory note and mortgage from the court file. (It is illegal to give a certified copy of a security) What I got proves beyond any doubt that the court used a counterfeit security to grant a foreclosure judgment. So who is guilty of counterfeiting? The credit union’s lawyer? The court clerk? The judge? Or all of the above? We have contacted several Secret Service offices around the country, so far all of the Agents spoken to agree that this is a major counterfeiting scam. So have some fun and call as many Secret Service offices as you can. See also Title 18 USC 472,473,474,474A,475,492,493,494 Another thing to consider is credit default swaps. Have you seen the movie “The Big Short”? My loan(s) coincide exactly with the movie. The person that started the action against me, has a classmate that is a VP of Goldman Sachs in San Francisco, right where the movie takes place. At 30 to 1 odds, he could have made $7 million. Do you think that is enough incentive to steal both my business and my home?
A foreclosure fraud group here in Santa Barbara created a way to make a tender offer to the bank. In my case, I thus forced them to produce for examination what the bank claimed was the original promissory note and DoT. The bank’s lawyers had no idea who I was bringing to examine the docs for authenticity. The docs were pretty good forgeries, but my expert took three hours for the exam with hi-tech equipment, and their docs were found to be obvious forgeries. The bank and their lawyers knew it and never asked for the tender. Interestingly the only law enforcement agency that would take on an investigation was the Secret Service.
Our politicians should have to read these blogs everyday as part of representing their constituents. I know how you feeling Angel. On any given day, i feel that way myself but please don’t give up. That’s what they’re counting on I never want to give the bansters anything else, ever again. We’ve already given to them, now it’s our turn.
I won’t ever give in to this 🙂 I get knocked down but always get back up,,,I would never harm myself but I sure do know the ”lost’, feeling ,frustration is an understatement,,,I have 100% disproved all chases claims,now they’ve created a new default date,,NOT the bogus default date that started this &landed me in foreclosure…would say how is this legal? But its the banks,NOTHING THEY’VE DONE IS LEGAL,so I fight on:-)
Then Jesus said to them again, “Most assuredly, I say to you, I am the door of the sheep. All who ever came before Me are thieves and robbers, but the sheep did not hear them. I am the door. If anyone enters by Me, he will be saved, and will go in and out and find pasture. The thief does not come except to steal, and to kill, and to destroy. I have come that they may have life, and that they may have it more abundantly.”
John 10:7-10
I’m trying so hard to remain positive,I’m fighting the worst EVIL entity..scum bag lying law firms,& no matter the proof of all the deceptive actions,forgery,altered EVERYTHING…I’m coming out as loosing….I see why people blow their brains out….I wish all y’all peace..:(
I live in Broward County Florida, and I got my foreclosure case dismissed, and I was awarded all my attorneys fee’s
On what grounds. This my private email I would like to look up your case. Kenelad@aol.com
Thank you Ben! I am sure I will get attorney fees. I was excited years ago with BofA vs Nash, where she got done, but it appears that it was overturned on appeal.
I was hoping that when the case is dismissed with prejudice, I could get attorney fees and then go for damages for the pain and suffering of 8 years of hell for my family with the fraudulent foreclosure. Numerous of big banks and foreclosure mills involved in this crime.
Hello there. Just wandering who did you hire to represent you? I’m in Southwest Florida. Need a lawyer ASAP.
Bryan Bly was told by the court you could not initial that you had to sign by Florida law. I just found this
Imo as long as their seal is on the doc. I would think it would be fine but i would also think any doc that is notarized by same should be consistent in the way they sign
I have a question since Florida requires the notary to sign for the notarization if the initial it does that make the document null ?
Well good luck getting heard under 1.54 fl statute. I went back to broward county courts after all the fraudulent docs and errors albertelli made on my foreclosure. Watch out. I filed wellwithin my year to file and albertelli stalled me saying they did not have my file on court day and got it continued until after the 1.54 no longer applied. Scumbags. I figure all their incompetence is still in court file and i am praying for the day i can go back and sue the hell out of that crooked law firm.
If the court has been inveigled by a fraudulent document, there is no statute of limitations.
Dave,
Do You have a rule, or case law in support of fraudulent documents inveigling[sp?] the Court negating the SOL? Wouldn’t that also fall under Fl.R.Civ.P 1.540(b)1 thru 4?
hi kent many of us are fighting that long. we are going on 8 years. very sad to watch your house being stolen. i have some usefull info i just found please email me at sssssssister@yahoo.com. not sure why i didn’t think of it at first. about the SOL. a lawyer told me that the SOL starts when you make your last payment and they have 5 years from then to start a lawsuit the rest i am not sure who is right……….if they start a law suit and it is dismissed the sol goes back to the original date but if they start another lawsuit it starts the sol all over again????? that crazy.
I tried to email you and the address doesn’t work so here’s mine kenelad@aol.com. The argument in front of the Supreme Court is that every missed payment restarts the clock but it can’t. Once the loan is accelerated with no dea celebration clause in the mortgage the sol remains in place. Well that’s at least the argument
I had a foreclosure back in 2011. Does anyone know how to request a review to confirm it was processed legally? I would like to know if there is a way to remove the foreclosure from my credit.
I live in Pennsylvania and I have had several lawyers but no one actually helped also had a housing counselor in the beginning now have to leave in less than 21 days. I tried to stop from being put out but now nowhere to turn. Does anyone know any solutions or advice thanks.
its not that its void. i am not a lawyer and not giving advice but foreclosure defense lawyers and pro se use that fact as an affirmative defense to dismiss the case. most cases are dismissed wtihout prejidice which means they can refile (in florida they can refile for 35 years how nice) so it is not necessarily void but the assignment has to be filed prior to filing suit. please defend. if we do not defend and walk away they lose. if we fight the foreclosure machine we can win. great book http://www.fightingtheforeclosuremachine.com/ftfm-estore.php
Oh, I am defending! For the past 8 years… All the BIG BANKS are involved. A couple of Fraud closer Mills and infamous thieving Law Firms. It will be a joy to name names in the end, as they have ruined our lives ON PURPOSE!
Thank you to everyone at 4ClosureFraud, LivingLies, and Chain of Title, I have a PhD in foreclosure fraud!
I live in Pennsylvania and had two lawyers no one actually helped now have days to leave. Do you have any advice? Thanks
I also read the book My case was dismissed last year and we haven’t heard anything since. I guess everyone is waiting on the Supreme Court ruling on the 5 year statue of limitations I was just on an attorney blog with live chat and asked about damages and the response was they would need a 50,000.00 retainer. I just about fell over. So if uses when the time comes I will fight them myself since now my wife and I both are on disability. I forgot to mention a year ago in February she tried to commit suicide
If a foreclosure is filed, but the Assignment of Mortgage is dated 11 months after the foreclosure filing, is the Assignment void?
1-The Assignment isn’t ‘void’, merely void’able’.
2-When You say the assignment is DATED 11 mos. later, is that the DATE of the Transfer, noted IN the Assignment, or the date recorded, ON the assignment (as noted by clerk of court)?
3-As a dual FC Survivor (1 lasted 8 yrs, current entering 7th), I salute Your fortitude, and will tell You, HOW they look at Your AOM depends ENTIRELY on WHERE You are. in D.O.T. states, they tend to blow it off as the DEED trumps everything else. In Florida and most other mortgage/lien theory states, You MUST:
A-Challenge the Assignment during discovery/hearing/trial(& Have plenty of case law)
B-File Motion to Dismiss for lack of standing (whether the document transfers the mortgage to the Plaintiff on a date BEFORE or AFTER the initial Filing, based on the RECORDING Date) & just know…about 80% of the trial judges in Florida will STILL Rule against You, even when Your evidence of a ‘faulty’ assignment is overwhelming.
Remember, the system is RIGGED. You ARE going to lose, so the best to hope for is preservation of objections, issues and evidence for APPEAL.
See (at least in Florida), even in the Courts of Appeal, the odds are dramatically stacked against the pro se defendant/appellant. The RULES alone are entire semesters in law school for the JD’s. Also, MOST if not ALL of the Judges, in (Circuit/District/Supreme) All Courts, are nominated. The NOMINATING Committees are weighted (Dramatically) with BANK/Plaintiff Firm JD’s who are Picking their Future Judges. The Current (& Thereby Future) Judges keeping the benches warm in Fl. as an example are more than 78% FORMER BANK/Plaintiff FIRM Counselors….which means 78% of the time You Are DOOMED, before walking in the room. They absolutely WILL NOT rule against their former employer firms or their clients…ain’t gonna happen. When using an attorney (as a rule, $5-$10k) for Appellate work, Your odds double in Your favor for prevailing….up from less than 4% to just a hair under 8%. The other 92-96% get ‘PCA’ed” (per curium affirmed, where they tell You, You screwed Your own pooch, and we’re not even going to tell You how, or why…there IS No Opinion,and You have nothing left to challenge).
Govern Yourself Accordingly, and realize that 80% of the time, preservation of error, regarding that bogus assignment, Still won’t get overturned, even at the district courts of appeal. Like I said….the game is rigged. They can’t be happy winning 90% of the time….it Must be as close to 100% as possible, at any cost.
Good Luck and may the Force be with You.
-Mick
Ask anyone who knows about law and the court system in Miami Florida and they will tell you that our brand of judges and their judgment is unique. Far beyond that of any city or state in the union. Here is a minor overview:
1. Judges here are well known and involved in taking money for results. Some doing it for more than 30 years later.
2. To ascend you must be discrete in these dealings while willing to openly destroy anyone that dares stand against giant law firms like Carlton Fields and Greenberg Traurig.
3. Giant corporations are always able to get away with anything they want and demand.
4. Vindictive retaliatory plots here are at play at all times and the victims have the doors to justice shut in there face.
Let me give you an example, mine:
1. Grandson of a former judge and son of a former developer who also became a developer I was anti corruption. A novel idea for a boy raised in some level of comfort. Illusory comfort. When I grew up I realized our finances where like a deck of dominos about to collapse and my daddy had to pay everyone off even when he could not afford it, in order to survive while indebting himself.
2. I stood against bribing bankers, building inspectors, commissioners (one is now the clerk of the court and has been for about 25 years, wow the voters love him? or the ballot is rigged?), mayors and judges. Our State Attorney does not presecute these persons or even answer our calls to do it. Her father was my dad’s business partner and owned a key on the way to key largo. I had a lot of respect for this lady until I realize she wants nothing to do with my cases which call for prosecuting white collar crimes of politicians, lawyers and giant corporations. Funny, she continues to be reelected and has been in office for about 25 years. My reputation of anit corruption spread cutting my business life short.
3. As an example of two disputes I have fought:
a. My home was burned to the ground when I decided to ask for permission to occupy it with elderly residents in a non ambulatory environment. Just homes for the aged. Just like one neighbor rented rooms, another had 12 family members etc., I wanted to be allowed to have a nice environment for the elderly which I felt a passion to care for. All I wanted was to allow them to live there instead of just regular families which the city allowed 6 homes for. The young gay man standing up to the powers at be looking for votes was met with opposition that was unintelligent uneducated and for the most part did not know what I intended to do. I was even physically attacked by one lady and could not defend myself against her as she was a lady and that would not be tolerated in our Cuban neighborhood. I was defeated when the fire struck and the city actually connived and contrived with insurance investigators to scare me and shut this down thru delays. The insurance company was AIG division called Lexington Insurance. The most dishonest property insurance company I have ever heard of. Officer Lake of the police in charge of the investigation would not do anything inappropriate and so he had to retire. He was scandalized by what years later he confided in me he was told to do by the insurance company working with non police city officials. But when I called to report their misconduct he did not answer my calls. Eventually in court a great judge left the case without stating a reason. A insane judge who was later discovered to be on Lithium and Prozac took over the matter and dismissed the case. I was warned she was the one assigned to destroy the cases thru an order no one would dare put their signature on. Since she was crazy the judiciary would assign cases to her and she would be told what to do. On day one without an attorney there as no one wanted to stay on the case with her present, she warned me that she could not only dismiss and enter an attorneys fee sanction but she could do many other things if I did not accept the settlement offer made to “get rid of you”. Weeks later she dismissed the case. She was the perfect patsy. She was crazy. My former partner, a doctor told me she would not live long given the medications she admitted taking during a law suit by a lady involved in a divorce. She always sought to help the husbands and took it out on the ladies and earned a reputation for this that landed her in the news papers many times. This judge died years after dismissing my case while in her 60’s. Before she passed she did the perennial trick done in Miami, stopping you from going before the jury ever thru a motion to dismiss the judges grant. How was the perfect judge meant to help them put on the case? The clerk says we have a random system that randomly assigns judges. That is not true. I have witnessed first hand clerks in putting the case number again and again each time getting a different judge and stopping once they got the judge they wanted. I appealed but the court of appeals did nothing. Even after I discovered perjury and a bribe paid to a witness, they did nothing. Then they claimed I should have raised this during the prior hearing. How could I if I did not know of it and this is basic law. Fraud discovered later requires they restart everything. In Miami and in Florida in general you only have one appeal and that is it. I level. I was stuck. In defense of these judges, audio recording made by a PI I hired show that these judges are never at work. They drive in about 3 days a week for a few short hours yet get paid for 40 hours of work. Shortly after my case was over my career came to a close and I ended up in bankruptcy and lost everything. Once an honor student, with a masters in finance at 20 and 300 homes by 23 I ended up with heart disease and working as a sex worker. Something that I fear is to embarrassing to talk about.
b. While that case was going on my bank on my new home I was forced to get a loan to buy decided I had not paid my mortgage and filed for foreclosure. I was not in default. I had made my payments and they kept loosing them so finally I sent them via DHL, stuffed in by a Notary Public who attested to this and where made via bank cashier’s checks. An amount equal to 6 months worth of payments. But they still claimed they did not receive the payments. I was lucky to find one attorney who frustrated was retiring into being an ethics teacher and would help me. But he only appeared twice in court. He did yell and scream at the bank lawyers threatening to report them to the bar they admitted receiving the money but then said the checks where without funds. The bank which issued the checks responded that the money was set aside for these as they do with all cashiers checks and the checks can be deposited. The lawyer, a typical Miami lawyer except for his great service at two hearings, continued with his teaching career while dealing crystal meth to the gay community is South Beach. Trial came 5 years later and days before the checks where mailed to me which I cashed. Proving the checks where good. At trial the judge ignored this. In fact he started by asking who the lead attorney was, the famous well connected Marshal Watson, who has since lost his license and gotten into a lot of trouble for fraud that ran all over the new wave of foreclosures in 2008- . When Watson identified himself the judge told him on the record that had Watson not thought he was such a big man and had returned his calls he would have shown him how he could have taken this house in a few weeks instead of a few years. Not only is this one on one communication without me present illegal but it also signaled I would loose the case. I had to file bankruptcy to stop it during a lunch break. In the other court system, Federal Bankruptcy Court, still unjaded as they are now, I got a solution, made some payments and got my home paid thru a sale to another person. I had no choice and no longer wanted to be a target.
But now years later, after a hurricane and sale of the home to a bank insider at BankUnited FSB, the home was resold and I still am owed some money. The bank who agreed to a joint venture on the damaged home with my money as the only loan, fabricated a fake mortgage and claimed it had priority before mine. This was key when the market collapse came. Even after being restricted and shut down thru another case in federal court where they got some money, the FDIC restricted these same lawyers pretending to represent this bank from continuing to try to take the home away. This bank claimed that the damaged home was the subject of a conventional home loan and had no damage despite insurance payment of $200,000 for damage, photos and more. And despite a joint venture agreement and no signature but only a forgery on the note they presented. Worse of all they continue the foreclosure process despite the FDIC federal restriction. This fight has been going on now for 11 years worsening my heart disease. The title has been granted to the bank. This is so crazy that I sued the new bank that claimed to be the owner of the note and mortgage while the process was going on and they came back and said they where. While at the same time the other case continued on with the old bank claiming they where the owners and later they even signed an assignment over to the new bank, years after the new bank claim din my case to be the owners. Its a shell game and what the judges say to all this? Its to confusing and give the bank what they want. The main judge was counsel for infamous murderer drug dealer and my competitor in the building business (we he used with the judge to launder money), Leonel Martinez. Martinez was arrested and the judge ascended thru his clients contacts being nominated to judge before the arrest. Good security for his client. He sat in office for about 20 years. See Dirty Money article in the New Times archives. The judge lives off loans from this very bank and others.
c. In another case a broker for Meryl Lynch admitted to lying to me causing me losses of $250,000. A hearing was held without notice to me except notice to come in one afternoon when the hearing was held in the morning. When I came I had lost. Of course no court reporter was present and the judge did nothing even after I told him to help me. Without a record of what occurred at the hearing, even assuming the court of appeals was honest, the appeal was impossible.
This is just a small example of how you are buried alive in a system of corrupt judges not found anywhere even in Panama or the most corrupt places in Latin America but right here is the US. It is sad how so many come here from Latin America to look for justice only to find corruption. Beig honest here does not pay. I married a Norwegian and moved away. Now divorced and with aging parents who refuse to leave Cuba land, I am stuck like a dog in a tiny cage without food or water. For me it is probably too late. But if you want to investigate these players I can help you and maybe we can stop them once and for all. But please do not let some pretend federal investigators f…. things up like they did once before where most judges got away with no time in the one isolated instance they decided to pursue them. Operation Court Room Sweep.
Yes, it is a violation of securities laws. It’s also a common violation of securities laws. The commoditization of mortgages and removal of property records from county agent has led to extensive fraud in America, including most often fraudulent representation of PETE, the Person Entitled to Enforce. We have a case on appeal here in Cameron County TX (seven years in litigation) on exactly those grounds, where an admittedly sleazy attorney (BBDFTE, llc) is presenting himself as both the PETE (Plaintiff) and the Owner’s Trustee (Defendant). They stay up late at night negotiating with themselves, and earn some generous fees. It’s quite complex. Since the judges, bankruptcy trustees, SEC regulators are all part of the scam, the battle is uphill for the owner who cuts the grass, repels thieves, and pays school taxes, and generally some technicality results in a forced sale. Here in Texas the average is 28 days. The only advice I give people now (and I’m not an attorney so I only give advice, I don’t sell it) is GET A JURY. GET A JURY. GET A JURY. BURN DOWN THE TOWN…. 🙂
I am in florida it is just as bad. we have a new foreclosure law from 2013 that the note has to be certified by penalty and perjury before a foreclosure case can be filed. but te judges are looking the other way. then when you bring htis fact up they do not dismiss cases they blame it on procedure error???? what??? state statute is clear what the certification is suppose to say . there is no messing with it. feeling sick about now.
Dangeroos and everyone else out there,
I just read that in May, the BofA vs Nash decision was reversed, and no attorney fees or damages were awarded.
Does anyone know of Florida foreclosure cases, where damages were awarded for the Defendants of fraudulent foreclosure.
Thank you!
Keep Fighting!!!
and…read Chain of Title if you haven’t already. Amazing book that helped me and my attorney realize I am not crazy!!!
I can sign as an attorney in fact for you, if you are inconvenienced. Of course, I could go to jail if I use my attorney in fact masquerade to steal money or property. Fo banks, this leads to the odd situation occasionally of the same party appearing on the foreclosure as both plaintiff and defendant.
Inside a pooling and servicing agreement, or a collateralized debt obligation, there is no such status as a performing or unperforming mortgage. All individual collateral obligations are surrendered by the underwriter on formation, and all components must be in hand within a limited time period, such as 30 or 60 days. From that point on, either the entire asset is solvent, or it is not. Either the entire cash flow is being produced and paid to the investors, or it is in the hands of the bankruptcy trustee and no longer exists.
Thank you Dangeroosdave!
Here are the details: I have been battling a fraudulent foreclosure for almost a decade. Many of the big banks are involved, as are a couple of foreclosure mills. They have played all of the tricks of “recreating” a chain of title. The latest one is a new bank “ABC Bank” has stepped in as Trustee for “ABC Trust” and they assigned the Mortgage to themselves, as “Attorney in Fact” for a non-related party who was fraudulently pretending to own the Mortgage and Note. This was done to continue the smoke and mirrors of the chain of title.
My question was, can a Trust assume or purchase a mortgage that they know is in default and has been in default (non-performing asset) for almost a decade? I thought I read somewhere that that was a violation of securities laws. If so, it is just another fact that we would like to present to the court.
imo a bank can sign their rights over to themselves if there are multiple entities within their organization, but it is a disguise and they are hiding or covering up something but probably it is a stall tactic to get themselves together to better defend themselves. Everything these banks do is to cover their fraudulent tracks. dates are important, reconcile all your paperwork to the mortgage. sounds like you are being scammed as the rest of us are.
Do believe in Florida they only have one year to refile from the date of the voluntary dismissal
Two Questions:
1) Can a bank sign an Assignment of Mortgage to themselves (Assignee), and sign as Attorney-in-Fact for the Assignor, without the Assignor signing the Assignment?
2) Is it true that a Trust cannot take-on or purchase an asset (Mortgage or Note) that is not performing and is in “default”?
Thank you!!!
please check http://www.msfraud.com
that could easily be used as a defense i have seen some wins in florida because of an incorrect address it might work in NY. hope you have a lawyer or are going to fight pro se?
Updated …
I know this is strange question but has anyone run into incorrect zipcodes. I know it seem trivial and a basic error, however what happens when you trance your loan back to the trust and the zipcode is wrong. It’s as saying your property is on 5th ave when really it’s in Harlem(New York). I would have let this go but the mortgage statement has the correct mailing address but incorrect property address all on the same statement. To add insult to injury I also have 3 different mortgage notes and two assignments signed by different people for the same property but different note. All notes have wrong Zip Code. I was also able to find my original signed mortgage documents.( they were almost impossible for me to get my hands on) I was also able to find out my loan originator used someone else’s financial information to approve my loan.
I know this is strange question but has anyone run into incorrect zipcodes. I know it seem trivial and a basic error, however what happens when you trance your loan back to the trust and the zipcode is wrong. It’s as saying your property is on 5th ave when really it’s in Harlem(New York). I would have let this go but the mortgage statement has the correct mailing address but incorrect property address all on the same statement. To add insult to injury I also have 3 different mortgage notes and two assignments signed by different people for the same property but different note. All notes have wrong Zipcode
Happy Independence Day!!!
I have a JP Morgan Chase Loan #, internal Commitment #, and internal Reference #. Anyone know how i can find out if my loan was securitized and bundled, in a simpler manner than the secinfo.gov process? I will buy you a copy of “Chain of Title?” if your answer works!
Anyone heard of a Johnny Nguyen? Wells Fargo bank witness?
Sounds familiar. I’ll check some of my files.
Sorry on small phone Portland, Oregon.
I am fighting LNV MGC-Dovenmule for six years now some wins mostly losses I need a real lawyer in Pietland Oregon fast who understands fraud and I mean fast. Any body know whos real my last attorney took tons of money and did zero.
Hi I know some people in Washington state and I know someone in Oregon please post you email address and I will give it to them for you. Ps if you don’t want to use your regular email please create a new one with yahoo or Gmail ok . I understand I have been fighting since 2009
Anyone have a foreclosure case involving robo-signer Candace Gallardo of PHH Mortgage?
check out the website mortgage servicing fraud
Thank you! Candace wears many hats… Anyone have any dealings with William “Billy” Bellows of PHH Mortgage?
Candace might want to get a lawyer soon….
How does she look in orange. What about Billy?
I live in L.I. NEW YORK -I am in foreclosure since 2007 – are there any good pro-bono lawyers out there?? I have just defeated banks motion for summary judgement! I truly don’t know what happens next. please help if anyone can. thank you for reading
Not sure if this firm will do it pro-bono but they are one of the best in the state.
Call The Law Offices of Robert E. Brown, P.C. at (718) 979-9779
Down in Cameron County we had the bloomberg audit recorded by the property clerk (103 pp.), to offset the fraudulent document created by BBDFTE trying to be a PETE. The proper place for for property records is in the clerk’s files. Naturally, one document is fraudulent and someone needs to go to jail for five years but that is for the US Prosecutor to decide. For dividing up money that is for the jury to decide, which fact is truthful, and which fact is fraudulent. If you judge is making such decisions, without personal knowledge of the facts and issues, that is just another error. Appeal it. 🙂
Can anyone tell me if a Bloomberg audit is admissible in court?
I had the audit done in my California case and even brought the witness who conducted the audit and the Judge refused to allow his testimony or the audit to be entered!!!! The banks are being allowed to fraudulently steal our homes and the judges are permitting it to be done! You cannot demand a jury trial, you must bring in your own court reporter, which was nearly impossible to even find and my judge cleared the courtroom so people couldn’t witness the wrongdoings!! It’s the worst crime to ever be perpetrated in US history and the DOJ, CFPB, FBI and the OCC are doing nothing to stop it?? I lost 2 homes because the banks have convinced lawmakers that they really are Too Big To Fail…..
Are you kidding me? When did this happen? What was your final outcome? Thanks fir the input
I’m a real estate agent in SW Florida and have seen lots of very egregious stuff. Is anyone here familiar with the addition of LPMI by the bank, AFTER CLOSING. Like 1 year and 3 months later??? I discovered it last year and BOA admitted in writing to the CFPB they had done so, as if there was nothing wrong with that. To my knowledge, nothing was ever done. Because you would never know if this policy had been placed on your loan until you try to refi or sell (or in this case short sale), I suspect this will be the next big wave of fraud, in place since 2006+ with untold numbers of mortgages affected. My research has turned up very few cases like this but experience has taught me if the bank can make money on it, they’re doing it. All behind the scenes, telling no one and laughing all the way to the bank. Only in America can banksters break our laws and not go to jail! #WhoDoYouCallWhenTheBankRobsYou
PB
Does anyone know of any federal cases in which the TILA 1640(e) SOL was equitably tolled in favor of the homeowner? Appellant decisions denying the use of the the 1640(e) against the homeowner enabling the homeowner to survive Motion for Summary Judgment or Motion on The Pleadings would be most helpful. Thanks!
Here’s a case pf how NOT to plead it and report with possible references; I’m looking into this as well
https://casetext.com/case/strong-v-countrywide-home-loans-inc
“Finally, both TILA and RESPA are subject to equitable tolling, which suspends the limitations period until the point in which the borrower discovered or had a reasonable opportunity to discover the violations. See id; Merritt v. Countrywide Fin. Corp., 759 F.3d 1023, 1036 (9th Cir. 2014). Here, equitable tolling is not appropriate. A party seeking equitable tolling must establish: 1) a diligent pursuit of their rights; and 2) “some extraordinary circumstance that stood in [their] way.” See Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005). While providing evidence of defendant’s general wrongdoing nationwide and correspondences between the parties relating to loan modification, Plaintiff has shown neither a diligent pursuit of her TILA and RESPA rights nor extraordinary circumstance. See Lien Huynh v. Chase Manhattan Bank, 465 F.3d 992, 1003-05 (9th Cir. 2006) (finding equitable tolling not applicable when the plaintiff held all information required to bring their claims earlier and the alleged actions of the defendant were not “unusual,” or “special”).”
http://www.burr.com/NewsResources/Resources/~/media/B5B613BA3EBC433FA9A330835798CCC0.ashx
Good overview of TILA, Dodd Frank related cases
No Bobbi, I’m an independent that leans conservative. (not democrat or republican). Unfortunately there isn’t a conservative left in the race so I’m looking at the Libertarian candidates now. Yes, you are correct, both candidates (and parties) are as crooked as they come. Bill Clinton let glass-steal get repealed, which allowed banks to start gambling with our savings. While republicans (directed by bank lobbyists) slipped the measure into the bill at the last second. Now, Dodd-Frank is slowly being eroded and banks are back to their financing tricks.
I have faith in none of them. Hillary is as dirty as mafia hit-man and you can trust her just the same. While Trump just says one stupid, reckless thing after another, and has shown absolutely no temperament to try to learn the things that he doesn’t know… and he doesn’t know anything. He has a chimpanzee-level understanding of Geo-political and national security policy, I’m convinced he’s a petulant man-child with Borderline Personally Disorder (BPD). IMO! You can’t piss on my leg and tell me it’s raining like he tries to do. Yet, that doesn’t mean he will be any better or worse than Bernie or Hillary. Just has to be held accountable.
I’ve learned that we, as voters, get the leadership we deserve. We are all on this blog crying, kicking, screaming about injustice, while steadily going broke trying to save our homes. Why? Because of the decisions we made when electing our leaders. We can’t fight this battle alone Bobbi. Banks WILL start buying our politicians (to change the laws) if they can’t win in court! So, who we elect is very important and should be discussed here, with RESPECT to everyone’s right to decide for themselves. Bernie says he can / will change the banking system, but offers no ideal exactly how he will.
This system was screwed up decades ago, by both parties. What’s demoralizing is that Obama did nothing to the banks (or Bankers) when he had the golden opportunity to revolutionize our banking system, and send a message. He chose to tow the line and just “get the bus out of the ditch”. So, again…we get the leadership we (vote for) deserve. We elected him, Bush, Clinton, Reagan, Newt, Schultz, Bondi, Scott. Basically what I’m saying is that it doesn’t matter who is elected if we don’t hold them accountable. Pam Bondi (Fla AG) got hundreds of millions of dollars from the banks for Florida homeowners in distress. Where is it? Has anyone seen a dime. Has she disclosed where the money is / went?
The Big money/ people/ families, behind this banking system will always try to control this country by controlling the politicians. It’s our job/ duty to fight them. Let’s not get caught up in Clinton, Bernie vs Trump, as that’s just a media driven distraction to keep us from focusing on the real problem. THE BANKS!
” I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.”
Thomas Jefferson, (Attributed)
3rd president of US (1743 – 1826)
Hello Bruce I am a 100 percent disabled veteran near Portland oregon. I came to same conclusion. Perhaps you k or about the veteran hsbc whistleblower in Damascus oregon. I talked to his attorney who might be able to help you. My sit rep is with Chase. Here is my email if you want to contact me David F Black. Blackvan@hotmail.com. the story about hsbc appeared in the Vancouver Wash
Columbian newspaper
About ten days ago. The case was filed in federal court. Not sure of which one.
Regards
David Black
It does not seem this blog does not print very many if non at all for followers to read and see commnts if ay on thier reports. I know I have sent several and not yet seen anythind. I am a 77 yr old disabled vet and direct OCWEN/HSBC?AHMSI to the rune of osing some $300k to teir fraud for failure to prove interest/standiing. The did not matter to the Fed Dist Ct Judge brown in Portland, OR. or apparently to this blog. Sorry to bitch but I am wounded with no recovery in site.
Not telling you who to vote for !
http://www.thefiscaltimes.com/Columns/2016/02/26/If-Voters-Keep-Digging-They-ll-Find-Trump-Buried-Some-Really-Bad-Deals
Tonyp – I read this article and for what’ it’s worth ~ this author isn’t even a reporter; he’s a blogger. No college graduate with a degree in journalism; just his own opinion and a Democrat at that! There’s enough ‘scandal’ on the Hillary side to fill a 900-page book! No one person is perfect and I don’t believe the citizens of this country are looking for such a person. Hillary has been ‘involved’ in similar financial disasters and she certainly does not have the greatest track record in her current position and even that is still an on-going investigation. Trump doesn’t ‘belong’ to the banks and as far as cheating people, both candidates are guilty. I can’t name one single ‘honest’ Congressperson or Senator in either the Federal or State level. It’s obvious that you are a Democrat as well, but this site is not the forum to debate the political arena for presidential candidates. We are looking for solutions here that will benefit us as a whole for fraud against the whole of the country. No running presidential candidate at this point can fix those wrongs now.
Do you take on guest blog articles?
yes
SOL may not be a solution here in Florida There are several of us waiting on the Supreme Court ruling
Con u file in federal court based on rule 60 which is similar to Florida statute 1.54? Can someone answer and if there are any Florida attorneys listening pls reply. I am interested in filing. Thks
that’s right palm palmer, no justice here in broward cty, florida. theft is legal imagine that!
That should be on the court record. Finding out anything after that I have yet to find or even have answered here. They keep open the door for deficiency judgements and if you have cash in savings they will garnish but many have at least so far or yet not been getting hit for deficiency unless you stripped the shit out of the house and pissed the good ole boys off which makes it hard for them to unload or do whatever they are actually up to with stealing all these homes maybe for the refugees or maybe its greed.
Monitor the MLS for your house to go up and hope some brain dead young slave millenials that does not have a parent with wisdom or a son of a good ole boy and his nice new wife become the next set of slaves to move in, poor kids.
Now cancellations of mortgage you will get a tax 1099 or like document or have to go in person to the hall of records usually to find out at least by me because your a loser now they had to sweep your stolen home under the rug to keep their pensions and the good ole boys fed and on the payroll. Online access is for the elites and too much data entry to make us losers life easy.
Its kinda like an airplane the lady calls boarding for the first class, priority, premium gets access to premium overhead space for luggage but your in group 5 now you board last (and get off last) wait get all the way to your shitty seat no leg room and the overheads are filled so you gotta go back out check your bags go back to your seat with the big fat stinking guy who farts your whole flight and your arms sore from holding it in all flight and continually adjusting the fan hole just right to blow the stink from your nose just right. You may hope the plane just crashes but I move my hope to the first class elite vampires to be exposed and brought to justice. Or wish I had went into CC debt upgrading to the varying scam seats near first class but 3400 for a first class ticket an hour trip is insane. We are slaves to the matrix of everything.
Ok well lol sorry but vented a lil.
Did anyone read Neil Garfield’s blog on Friday. Angel I hope you did. It shed a lot of light on Fannie Mae. I have tried to post on his blog today and it appears that the comment section is closed because I cant post. somebody really let the cat out of the bag perhaps. The truth is getting closer all the time. Lets keep the post coming everyone. The Truth needs to be heard!
Yes. I have the originals that I received at closing showing acct # on each page of note and mtg and recorded mtg showed acct # but the note and mtg produced at trial and in the court file are erased so somewhere down the line after it was recorded, it was altered to not show the acct #.
Angel it appears our govt is the the one defrauding us. Ur situation is the complete opposite of mine. U bought from Fannie and chase is trying to claim ownership and I bought from chase and Fannie is claiming
To be note holder. Raises a red flag with me. They hide behind each other to put us further in the deep dark of their shell game.
Agree:-) I have ORIGINAL note,mortgage,special warranty deed, & I’m the ONLY one with the ”originals” in my case,,chase created bogus default claim,Freedom Mortgage made claim to Fha for pymt,,Chase is trying to step up as owner/holder with forged sloppy copy’s of note,& their chain of custody is NOT same property I’m in foreclosure over,its to a home in different county,its a FARM on 42acres,& costs 50,000 more than what we purchased,we purchased residential home on 2 acres…
Angel – if you have in your possession the original “ink signed” note you should file for dismissal. An “owner” of a note is legally described as a ‘holder’ of the original note. If you have the original you would not be foreclosing on yourself….Basically the lender would then have an unsecured mortgage, at best!
Bobbi,I have…..they’ve came up with EVERY stall tactic known to man,my motions are being held in abeyance right now,had to go to mediation,,,,that’s were 1st settlement offer came in…now its a new offer every 3weeks,,,I’ve declined all…I WANT to get into court,I want sooooo bad to finally have my say,,,,I have raised in motions dismissal w/prejudice due to,No standing,false cause of action,fraud on the courts,un-clean hands.
0bviuosly judges need to go to refresher school. so please help me out here. Bank A is the original lender on the note we sign at closing. Bank A sells note to fannie mae (GSE), FMA secititizes note on the stock market and mortgage is placed in a MBS and placed on MERS. Bank A (original lender) is retained as servicer. During the height of hamp denials Bank A (and all other banks and servicers) sold you not to pay the mortgage. you were told you have to be 90 days late for a hamp applicaiton to be accepted. so the 90 day peried comes and the Hamp loan application is sent to Bank A by Fed ex, (because in 2009 while applying for a Hamp loan the faxes were lost. hamp loan denied but bank A gave you an “in house” modificaiton with NO statement to see where the money for payments went) fed ex mailer lost. hamp denied. Now fast forward 6 years you are in the middle of your 2nd foreclosure (Bank A never proved standing during 1st foreclosure case). I am not understanding how Bank A can prove standing if they sold the note to FNM and FNM placed it on MERS. Why are judges not seeing securitizations? why are the letting the original lender Bank A take homes in foreclosure they do not own any more they are merely just the servicer. how can we the people right this wrong. this ver over whelming to me and causing so mych sstress. PS SOL passed in sept. Case should be dismissed if SOL has come and gone? thanks for your help
Bobbi yes thank you. No assignment on record. However the mtg was recorded and that is all. No evidence of Mers involved chase was lender. However. I recently visited the court file and the note and mortgage in the file has been altered. They also erased the account # off of the note and mortgage. Why would they do that?
What do you mean they “erased” the account from the note and mortgage? Erased it from the face of the note? You cannot deface a note; it makes it null and void if you do so. They can cross out and add but cannot erase. You have proof that it was physically erased on the note?
That’s what I thought they were is an insurer
So I see they assign the bid for the sale but no evidence they ever had anything to do with note and mtg. Just got off phone with Fannie supvsr. Telling me that to get a loan mod when hamp first started They were sending out the loan mods. Prior to people qualifying for them. This is how the banks are trying to explain their reneging of all the hamps. What a maroon!
Angel, FYI, I just contacted Fannie Mae for them to send documentation on when they bought my loan and this guy AJ said he would have to ask his supervisor to provide me with that info. Apparently it is not a right for the borrower to know that information. What a bunch of bs! If Fannie owns the note or holds it or whatever you call it, would they not have to do an assignment thru the court record?
No! they will use a law firm to pay someone in a different state to notarize and witness. The law firm knowing these people like Fannie Mae, won’t show up in court to contest anything. then the assignment is filed by law firm. Fannie Mae being Under government conservatorship, will not tell you direct that they are the lender, but they are quick to say their interest is being the insurer. Whatever Happen to the government (TARP) bailout in 2008 & 2009 for all the bad loans?
Over the last couple of weeks I’ve seen all this garbage about Fannie “owning” the note and mortgage being or not being my lender. Fannie or Freddie, neither one, can originate mortgages or lend for mortgages. They BUY the mortgages already closed and funded by other lenders. That is what they are – GSE”s (Government Sponsored Enterprises). They are not lenders but by purchasing portfolios of mortgages from other lenders they bring liquidity back to those lenders over and over and over again. When a lender sells your mortgage to Fannie, Freddie or even Ginnie Mae it is SUPPOSED to be done via an assignment but that was part of why MERS was created – to bypass all those recordings in the Public Records and not pay all those fees. They got around this via MERS by forming the TRUSTS or pools of mortgages and setting up a ‘trustee’ which allowed MERS to be the tracking device for all these mortgage exchanges. The public records clerks had no idea of the evasion being committed by these lenders until the financial recession. That’s why so many of the County Recorders are suing those lenders for the loss income. As far as you, the customer, the only way to track is finding the Trust your mortgage was placed into and pulling down the proof. It’s really really digging deep and for most it’s never found. If your assignment is not on Public Record I would go to the County Recorder and ask why this lender was able to circumvent the public records? Getting them involved is like lighting a match to kindle….Oh and you can always go the sites for Fannie and Freddie online and find out if they own your mortgage. Google Does Fannie/Freddie own my loan?
I got the same run around until I told them there a DEFENDANT same as me on summons from chase…,then I got somewhere,,,had to send papers,& They responded to me/court.Fannie Mae was the ”seller’ we are buyers/borrowers.Freedom Mortgage was lender,Loan care was servicer,then CHASE became servicer,,flipped our lives upside down.
IMS 53,MY response above is to u,don’t know why it shifted downward,sorry:-)
Keep fighting. We all know how you feel.
https://livinglies.wordpress.com/2016/04/06/the-emergence-of-post-traumatic-foreclosure-disorder/
I’m at the end pretty much too. Trying to get judgment thrown out Most attonys don’t want to deal with u at end cause they can’t make money. I would say if u come this far on ur own, finish it Because my experience with lawyers has been u pay a lot of money and they go thru the std motions but don’t really dig into your individual case as they should. There are many issues of material fact that should have been in front of judge but never did so now it is left up to me. Going to court next week in fact. Will keep u posted.
I wish u all the luck in this world:-) &thank u for talking& yes keep us posted:-)
Angel, about your assignment being record in court.
No! they will use a law firm to pay someone in a different state to notarize and witness. The law firm knowing these people like Fannie Mae, won’t show up in court to contest anything. then the assignment is filed by law firm. Fannie Mae being Under government conservatorship, will not tell you direct that they are the lender, but they are quick to say their interest is being the insurer. Whatever Happen to the government (TARP) bailout in 2008 & 2009 for all the bad loans?
Al, NOTHING has been recorded in my county clerks office,We purchased this home from Fannie Mae,2008,,it was a foreclosure/repo…We aren’t listed/vested as ”Owners”‘,nothing has been recorded since Fannie Mae,Chase had counsel Lerner,Sampson,Rot fuss ”create” an assignment of mortgage dated 2-9-2012. I was in foreclosure proceedings 8-1-2010. That created assignment didn’t come from original LENDER,& it HAS NEVER been recorded.Chase has paid my taxes under the name of FANNIE MAE all 8 years..I proved in court with documentation from Fannie Mae it was SOLD to us in 2008,& that was in 2014…chase is claiming they have continued paying the taxes but my records show CHASE NO-WERE,,,why would someone with a legal claim to property pay under someone else’s name????? To me…..FRAUDULENT ACTIONS,,,what’s your thoughts???
that’s what they do to shut you up. I was in the chase multi district litigation class action in boston for breach of contract. of course chase and the attorneys settled for 10m and the homeowners got nothing. I have tried to contact the attorneys that represented us in the class action. they will not return phone calls and I found out Gary kleins firm has closed up and I think he is working for AGs office in Boston, so they get you to shut up one way or the other, know what I mean. you must have something on them.
Its crazy the levels they have taken us all built on lies,I’m at (I think) the end of this case,as lawyers put it,I have a Great court system here, but I do think I need a lawyer,ONLY because they do speak a different language,&my proof is great,my delivery isn’t..& finding,explaining case,timeframe its takeing they act as if I’m a loon,,,”oh no foreclosure cases only last a year in litigations”’ ummm no…I’m STILL fighting,& it began in 2010 to present…so I’m pro se,& they continue to hold my life in 2010…& battle rages on…& I have everything,every notice,flood policy attached,I have Original note/mortgage/special warranty deed/chain of custody.proof their ”copy’s” are copys,not originals & forged
Had a lawyer 2012-2014,he did NOTHING except change law firms,3x’s & was always playing catch up due to the move? So we released him,to put it nicely,& I’ve moved this further in a yr as pro se than he ever did,,,1st challenged motion came from me..so TRUSTING a new one causes me pause…….rock/hard place…have you heard of Jeff Barnes? Any input would be greatly appreciated:-) 🙂
unlike you Angel, I did my refi with Chase and they were the original lender, but have since tried to put it on Fannie, but there has never been any evidence to show that Fannie is owner except the fraudulent POA showing Fannie assigning certain rights to Chase. even my credit reports show chase is the owner. fannie mae said they have been owner since 2006, but there is no way.
keep on keeping on Angel , like me. Chase is made up of a lot of dishonest employees, combined with their foreclosure mill attorney, the fraud is rampant. they erased account # from my note and mortgage, not sure what their benefit to that is except to continue their fraudulent securitization scheme. also Chase is hiding behind Fannie mae saying Fannie owns the note so they done have to explain their illegal ways. I’m still fighting too after 7 years so I hear you. Stay on them!!
They did same thing to me,I contacted Fannie Mae,made them aware they were named as holder same as me,they released written statement to me/my courts they sold property to me in 2008 & don’t have ANY claim to my property, if I was you involve Fannie Mae,helps u by showing flat out deception…this has been a living nightmare,but also EYEopening….I wish u peace,resolution:-) 🙂 & Don’t give up:-)
Howdy y’all,,I’m STILL fighting chase/counsel….Latest activity,settlement offers have been coming in,500 to 10,000 now,I declined ALL amounts,&made counter offer,of course it was declined..also the ”threat” of summary judgement motion is on the way,that was last June,1st time I was informed of it to present date,,,still NO motion..weeks pass,new offer amount,,I have filed motions to dismiss w/prejudice that are held in abeyance,my question is….do I push to proceed,or cool my heals to see next offer????I have battled this since 8-1-2010!!& I’m still in my home,& I’m pro se:-) your input on this topic is priceless,,I feel I’m on the right track,but DONT want to mis-step.thank u so very much in advance:-)
Angel what are they making settlement offers on ?
My home,,,sorta like cash for keys,,,,they have no claim to my home,sloppy copy of note that is forged,false cause of action,the default claim is/was always paid,what I REF– USED to pay was forced placed flood ins,policy’s..so they made it into default claim,of missed home pymts…that I’ve proved PAID.chase was servicer ONLY,,,,never had ANY loan with them.didn’t close home loan with chase,but their claiming ownership to my note,with no valid chain of custody.no valid anything….I have the realtor who was Present a closing of my loan & written statement the signatures/initials chase is using ARENT what she witnessed us signing.false credit reporting,its a LONG list of illegal actions by them.
& part of ”settlement offer” I’m to withdrawal all complaints,I’m not to speak of chase/counsel in negative light,I’m to stop all legal actions….I declined:-)
Quicken loans, gave loan immediately to GMAC, 2008 crash, husband’s company bought out, wife’s job cut along with furlough days- leads to husband’s new company cutting everybody’s pay and. Cutting out benefits that were still needed to do job. These were vehicles and cell phones and gas expenses. So, trying to get a modification loan with a company, we are served foreclosure papers that had written that two lots of land that the wife inherited was included in the foreclosure. Immediate attorney gotten to respond to this fraudulent statement . GMAC going bankrupt and said did not need to help us. Quicken loans no response to clear this matter up. Ocwen has gotten loan and refuses to help. Have always paid taxes on this separate land. Property description always correct without lots on it. Six years of being told we would have to move and that court would be coming up has caused the husband to have heart attach and last year thyroid cancer. Anxiety and stress. Now, being told to not spend money on home, it leaks and insurance will not fix. We have had to move in with family because of the awful mold and mildew. Still no answers, still injustice. GMAC would not work with SC Help and no modifications could be done since we are in litigation.
Lenora, where are you? if in South Carolina email me at rwsi100@bellsouth.net
I have a case where a FBI agent with 30 fraud investigation experience has stated that my mortgage bank committed criminal mortgage servicing fraud. The put in place practices and procedures to enable the foreclosure of high equity properties. I stood in line myself every single month and made my payments in person and got a receipt yet the bank made my payments between 7 and 20 days late with all that additional interest and late fees. Then when called on it they corrected it, years later. They with American Modern added at least two copies of insurance for 1.8 MILLION dollars each on both my HELOC and my mortgage at the same time. Total coverage on property was over 4.5 MILLION dollars which of course they billed to me. They claimed my insurance which was always in effect was 300K insufficient so the added 3.6 MILLION in coverage! WTF??? Even send grade math tells you there is a bit of over insurance. OH yeah and when the complaint went to the federal reserve they claimed there was no insurance fraud. They INVESTIGATED IT!!! The bank created a situation where they sent to credit reporting bureaus that my HELOC payment was 3 months late, yet they talk in their own activity work sheets about how the bank officer who was supposed to be managing it hadn’t. They told their collections person not to call me when bank officer failed to transfer only the HELOC payment. Of course he continued to make the mortgage payments that were due the same day. Then the bank said they never transferred a dime.
IN 4 YEAR ONGOING FORECLOSURE BATTLE – SAME HO– USE/NOW ON 3RD LENDER.
FORECLOSURE COMPLAINT JUST DISMISSED BY COURT BASED ON MY MOTION TO DISMISS DUE TO PLAINTIFF NOT RESPONDING TO ANSWER TO COMPLAINT, ETC.
NOW, PLAINTIFF IS REQUESTING MOTION TO AMEND COMPLAINT INSTEAD OF REFILE. NOT HEARD OF THAT BEFORE AFTER SUCH A DISMISSAL BY THE COURT.
NOT ABLE TO FIND ANY AUTHORITY TO PROHIBIT THAT OR ALLOW THAT.
I AM LOCATED IN ILLINOIS, BUT ANY INFORMATION OR HELP WOULD BE APPRECIATED.
THANKS FOR ALL YOUR GREAT WORK.
WD HERRIN
mickwd1@gmail.com
We can’t ignore impact we have had and whistleblowers, significant wins and Supreme Court TILA decision by Scalia who was ni friend of homeowners but could not deny basic truth. We are at another level of evil in those places like CA manipulating settlements and ignoring law that was to address harm done and admitted to.
I’m in California. We are making progress with the TILA rescission. One member of our team had an acceptance from the Federal Reserve of a complaint submitted. The Fed forwarded to the CFPB. I will be doing with my two cases which are in the San Bernardino County courts currently. I can provide more information if you’d like to join us….Please call me at 310-427-1008 or email me at margdeselms@gmail.com. Thanks!
Interested. Will be in touch. Just lost stay of eviction but court left opening I believe.
Has anyone watched the video of the Bartram Supreme Court pleadings ?
Yes the cancer has spread everywhere were way beyond cause and blaming sub prime. In my case brokers definitely ignoring law and abusing the process. Used notice of sale and intimidation as well as bogus cash for keys to try to push me and tenants out. They tried to get contractors to tear off whole roof of unit to flip. I had to stop them and put sign up. They are even using rental income under MY OWNERSHIP! City refused to release funds to me when I still had a chance. Contractor actually refused and new ones told me they were fired. We need all brokers, bank, court employees to stand up.
My view and first hand is its way worse than we even can see I am afraid to say too much. The matrix is in full effect and I hate to say this from the bottom of my heart but I think its over already. All the puppets that think they will be taken care of will be shocked when their masters dump them too and they become just like us and realize they were used to do the dirty work. As I watched all these baby lawyers just jumping in making a name for themselves be used and brainwashed into thinking they are special stealing the homes of their own mothers brothers perpetuating this travesty.
There is No room for the good people the light in their darkness they have to marginalize you and isolate you. The struggle is if so much evil then where is Good? Where is God? Throw us a bone not one of the so called precedents we prayed for ever came through. Now what the next bubble game. Waiting for the next punch of destruction. Its obvious now a systematic destruction of the USA is in full effect, or global destruction.
Yes both! All on the take willingly or forced to comply to continue to have a business in the local municipality or face being targeted and destroyed and blacklisted harrassed. Hundreds have said brokers went out of their way to drive homeowners into short sale/foreclosure. Homeowners taking hit to unload property to avoid and they blow the deals out. Some done deals with deposits, mystery walk aways. You know a broker is shady when they dont force the deal legally, buyers obligated to go thru mysteriously brokers dont fight for % BS! I have heard tons of times weird broker stuff. As for mortgage all the sudden friends of friends are in the mortgage sales biz from street cleaners to truck drivers. These guys had such a pulse on the bubble they all the sudden are mortgage business pros.
@ PAL – Let me just set the record straight here. ALL mortgage brokers have to be licensed as of 2010, take the pay for educational required classes, pass the written test with 70% or better, pass the background check, pass the credit check,pay the annual fee and now be limited to a set amount of pay. I am a mortgage broker and have been one for 44 years. I don’t stay in this business because I do the wrong things, I stay because I do the RIGHT things. In 2010 when the NMLS (National Mortgage Licensing System) was put into place, nearly 85% of all registered brokers and loan officers dropped out. There were several reasons: couldn’t pass the tests or couldn’t pay the fees (they are hefty) OR didn’t like that our incomes would now be controlled by the US government. We can’t get raises, or bonuses. We don’t have overtime pay. None of that. We work strictly on commission and that commission is set now by the CFPB government office for EVERYONE. Every time I hear a consumer spout that it was the brokers that caused the financial disaster and subsequent foreclosures I want to puke. It started with the Greed of Wall Street and grew like a cancer. A mortgage is a product just like any other type of product and there were all kinds of versions just like there are versions of models of cars and each with a different set of rules and guidelines. Wall Street began to offer ‘incentives’ to sell as many of these products as possible. The brokers only followed the rules. How often do you perform a task in your job that you don’t like or agree with? Do you just say I’m not doing this and put your job on the line? Hell no. I did. I refused to sell the asinine products to prospective buyers and do you know what they did? They went to any other broker who would. People were desperate to own a home no matter what. Consequently I lost over 70% of my income. I resorted to taking on a second job while I watched my other cohorts rake in the hundreds of thousands of dollars. There are those of us who had consciences but there was also those buyers out there who knew that under normal circumstances they couldn’t own a home other than these ridiculous programs from Wall Street. These people now come crying and for those I have no sympathy. For those that suffered the loss of value because of the financial crisis who had owned homes for years, never refinanced, are the ones who suffered the most. They ended up with the short end of the stick after all was said and done. That is the truth of the matter.
And I say good is good. I know rotten apples spoil the bunch and its in everything. Those shining lights in any job I have no problem with. I CERTAINLY am not sayin all are bad I know how it is, theres evil and good. Wheat and tares. My only hope is in those lights and I hope they are in leadership that can save us and say enough is enough. If you made the noble choice to not sell those products than well I am not sure most of us wouldnt have gone along with the gold rush and stood up and said no so THAT IS ADMIRABLE.
Obviously we are under attack and our only knowledge is that the Courts are created to protect us!! The reality is hitting each of us, the many that have been on this thread for years, that we the people are being allowed to be under attack by the very courts that are created to protect us?? The system to protect us actually allows the banks, that took our homes with forged and fraudulent documents, to add another source of revenue for the IRS by sending 1099 showing you received the foreclosure as income and now the IRS wants money from you!!! Really? So the banks are paid for the insurance they took out for each loan, then they steal our homes to sell
to a new buyer so a NOTE can be created, then they send a 1099 as the final straw to then attach your social security, unemployment, income refunds even disability!! What the hell? There is something going on with “things” and our jobs, homes and way of life are disappearing before our very eyes?? This court battle is useless, it’s totally rigged to take your home!!! There has to be a plan that was agreed on with “the powers that be” whoever “they” really are, it’s a movement to change America and we better get out of the court battle’s because we can’t win and it’s got our total focus!! We need to figure out what is really going on and soon !! I am a victim so I know what each of us is going through, it’s something bad for sure don’t you think?
You nailed it! Its no doubt the boiling frog analogy. I shake that the frog is cooked and well done. I mean Its scary, whats next? All these years of end times chatter I would hear and I have chalked it off to fear porn. My common sense says I have seen for myself pure evil over and over worse and worse. I through this foreclosure process could see they can get away with anything they want. Kennedy, breitbart, scalia man this is getting freaky.
Exactly ldynps as we’ve talked about and has been my mantra to stay out of court trap. But was only option but it’s even worse than forgeries law is ignored and in my case completely wrong information on purported verification of debt. I also have issue of local government ignoring law and fraud ON THEM. So that’s going to be Main attack next couple of weeks and worst case will enforce TILA, sue for fraud after eviction if necessary.
The local municipality is in on it. They are the front lines. The local yokel brokers (these are all connected to the local brotherhood of men in cahoots) are all tending to the vultures in the coops and preparing their meals your sanity and your money is their food. I have heard the same story over and over brokers grinding clients into foreclosure. Not selling getting them desperate to short sell, not showing, blowing deals out. Then sweeping your house up to feed the dragons. For shits and giggles look up any one you suspect locally of being in on it. Look up their public record and you will see a bizarre flurry of mortgage activities that are abnormal, heloc, discharge, mortgage, mortgage cancelled over and over every 30 days. Then you will see no activity after certain dates on all of them.
Yes all the local municipalities are involved with the fraud. Blackstone wants to make everyone a renter and the need to steal homes in order to rent them. Blackstone and jp Morgan Chase alive and well in broward county Florida. D/b/a invitational homes where blackstone owns 100s of homes here and chase is holding the mortgage. Rents are outrageous.
@ PAL – what ‘brokers’ are you referring to in your post? Surely you don’t think that Real Estate Brokers or Mortgage Brokers have anything to do with this? Real Estate brokers only come in the picture once a lender has taken title and want to sell the property as a REO. Every lender out there utilizes a real estate firm to handle and dispose of REO properties. There are a multitude of real estate investors with cash who are purchasing these properties but that’s only AFTER the foreclosure sale and subsequent transfer of title. It is rare that an investor actually wins a bid on a foreclosure sale but more often will purchase them once the lender has title and put the property on the market. There’s only two evils to what happened in the financial crisis – Wall Street and the Banks, especially the ones labeled TBTF. Everybody else was at the tail of the snake and it’s the head (Wall Street/Banks) that needed to be chopped off. To this day, none of them have been held accountable and again, I say, we need a stronger presence in white house that will not be indebted to these SUPER PACs and go after them.
Can’t get into fear, end of world mode that’s what they want.
Look I have this 1099c I or even we really have no clue what the hell it is. No explanation just a form saying I owe. Google doesnt know, court info, threads. I have no idea what it is. Am I done with this disease? Did the house sell, no record saying it did. I can call my lawyer who ripped me off, he wont know or tell me. The feeling of how insignificant we the slaves are is achingly apparent.
In CA not even done w unlawful detainer and sent 1099 for amount it went back to the bank. Doesn’t seem to make sense as purported deficiency of foreclosure sale amount or if tgere was actual sale.
@ Hammertime – CA is a deed of trust state so you don’t have the same judicial proceedings like Florida or New Jersey so the process of a deficiency judgement is totally different. My own personal opinion, those states such as yours (CA) took away most of the rights of homeowners when they became Trust states wherein the appointed Trustee takes possession. You really have no say so in court in those states. The process of foreclosure is so open to fraud in states of Mortgage Trusts ( Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia). What you got you can’t compare to what someone else got in a mortgage state like NJ or Florida.
I agree. After going through UD court we also have seem to have own version of rocket docket. Fraudulent / illegal sale after fraudulent transfer and violation of TILA rescission. 1099 purported amount is equal to what they claim it went for back to them at auction. My understanding was deficiency was difference between total disputed debt, foreclosure lsale amount , minus sale amount. Could be different if goes back to bank, REO?
@ Hammertime – All I can say (for Florida) is that deficiency occurs when title is passed from the (defaulted) borrower to the new owner at the foreclosure sale. This could be the original lender (which would be a REO) or to an outside entity. Either way, once the court determines the Judgment of Foreclosure, which sets forth the final amount owned to the lender, and the sale amount, if the difference is negative, that amount is the deficiency balance. Pretty simple here in Florida. REO or outside sale, it makes no difference. Anybody can bid on a foreclosure sale but more often than not, the lender will outbid everybody, hold on to the property until the market moves upwards, and then sell it later to recoup a higher percentage against the loss.
Thanks for response. The bizarre thing not that anything shocks me with the scam of all this. Not one public record of a sale whatsoever. Not a cancellation nothing anywhere. If its sold it is completely hidden from public record. Even searching block and lot no new owner listed no real estate transfer. The layers of this fraud and process has been utterly frightening. We the people have been destroyed and I cannot even imagine whats coming next. I mean nuclear power has a massive leak in NY right now and its not even a major headline. God help us.
@ Pal – I found this time frame for NJ:
Deficiency judgments are allowed in New Jersey, but not in the foreclosure action itself. To obtain a deficiency judgment, the lender must file a separate lawsuit within three months after the foreclosure sale or, if confirmation of the sale is required, from the date of the confirmation of the sale (N.J. Stat. Ann. §§ 2A: 50-1 through 2A:50-2.1).
Is it fact if i get 1099c that means the house was sold. This would also mean they got big money for the house. I was asking 40k less than them if sold. Way over assessment they got. It just doesnt fit. Could the 1099c be for something else? If it is a deficiency its under 20k? So i guess i should celebrate I am only a lil crushed? I would be grateful to be done but saddened by the state of affairs going on.
@ PAL – if the house was slated for a foreclosure sale, it is usually open for the highest bid and not made upon the market value or even the assessed value of the property. Just because your may have sold it less than what they set up for auction does not mean they started the bidding at that price. If the house was underwater the couldn’t even start the bidding at the loan balance amount. Whatever the dollar amount of that 1099 is what the shortage would have been from the principal balance outstanding. And remember, that ALL costs associated with the foreclosure plus interest gets added back to the loan. In some cases, that could be upwards of $35K added. Attorneys fees representing the lender are added to that principal balance as wells inspection fees, taxes or insurances, preservation fees. It is very profitable for attorneys representing plaintiffs….Big bucks! And with the 1099’s it is usually YOU that pays that bill.
We are all slaves, does anybody have any common sense left. Are we doomed or what? Russia says one saudi troop sets foot in Syria WW3. What is happening the whole world is falling off the cliff.
I also received a 1099 and got it from Specialized Loan Servicing… For 45K.. I have no Idea what this is for…. what loan… could it be for taxes that they paid out of escrow?
If you received a 1099 from the lender it is due to two reasons: 1)you sold a home on a short sale and didn’t get the deficiency judgement provision deleted or 2) you had a foreclosure and this is the balance between what the home sold for and the outstanding balance due on the mortgage. Either way, it is the deficiency balance. If you sold the home on a short sale you should have negotiated with the lender to cancel the deficiency balance. In a foreclosure, you have no means to do so unless you signed a Deed in Lieu of Foreclosure. Now, that amount is reported as “income” to the IRS for which you will pay income taxes.
But I had no sale…. I am still in the house and was served the LP in November of 15. What else could this 199 be associated with.
@ Bob Toerner – if there has been no sale then was there a 2nd mortgage on the property? A lot of times if there is no equity position from the first mortgage the 2nd mortgage holder will just extinguish the 2nd mortgage, cancel it from the record and send you a 1099. The other possibility is if you had a credit card that went into default; they took you to court and got a judgment. After a period of time if they cannot collect on the judgment, they can issue you a 1099 and cancel the judgment on public record. Other than that, I have no other clues as to why you would receive it. Was it from your actual mortgage lender?
Yes… it was from the lender on my house..Specialized Loan servicer… . it seems that if it was a credit card or from a servicer of my second that it would not be from the same servicer as my main mortgage. Does that make sense. I tried to call them at SLS and I kept getting passed to other departments then disconnected.
Bob – Stop with the phone calls. They do absolutely no good and you have no proof of such communication. You need to write the lender a letter demanding an explanation for the 1099 and in fact, requesting a mortgage/forensic audit of your file. They are required to respond when put in writing, not a verbal request or inquiry on the phone. Send the letter with verification of delivery/receipt.
Also known as a ‘Qualified Written Request’. This has a time limit for response from a lender, I believe it is 20 days ( I am probably wrong – but there is a limit). Try it. Legally it will give you a better standing.
Tx for responses appreciate you guys so much. So since my last post I received a 1099c cancellation of debt from the bank. Under 20k. Can any one confirm what this is? Is this the deficiency from a sale?
….sounds like they wrote off your balance and aren’t holding you liable for the debt…the 1099 shows the IRS you received the equivalent of the balance shown as income to YOU in the form of debt relief or debt forgiveness.
You need a tax accountant to tell you if you have to pay income tax on the amount they ‘gave’ you, or if and how you can get out of paying taxes on the amount.
Nice going ! You won.
Hello members,
I am in very desperate need of an attorney. I have filed suit but need help. I’m in the Dallas area does anyone have any knowledge or recommendations for Texas attorneys. Thanks so much!!
When I do my Due Dilligence, I search my states Appellate Court decisions for attorneys who have represented parties against the party I am going against, and then do the same thing in my local jurisdiction. I prefer Appellate attorneys since they know the parties and law better and are a great source to find who’s good and who to stay away from.
You need a LITIGATING attorney with lots of trial experience and success …..
….another way to is search current open and recently closed cases…that way you can actually SEE the paperwork they file and how they do in Law and Motion hearings.
Another technique I use is asking trial attorneys, including criminal attorneys, who they know who might be good with my specific circumstances. I also search legal indistry news stories and all the articles prospective attorneys have written, and spoken to others they have represented.
I have found relatively few spectacularly qualified attorneys, and usually decide that if I might lose I’d prefer to do it myself and not lose my money as well as the matter, and found that when representing myself, I use the same techniques to research the judge in my matter, and attend numerous hearings and trials to get to know them, and try to learn how they specifically think and rule, and set them up to make mistakes I could take to appeal if I don’t get what I want.
Using the above, I got my second mortgage removed from my property and the court order the bank to pay me over $20,000 for possible income tax expense, and had my foreclosure judge on my first mortgage order the lender to modify my mortgage…indicating she would throw my mortgage out if they brought it to trial.
My legal expenses on both these was zero.
Has anyone heard anything on the Bartram court ruling ?
Thank you bobbi, I am in nj. In my case record says Fannie Mae owns it, for $100.00. The only time frame I found is 90 days after they sell it, they have that 90 days to file deficiency. The thing is can’t find anything that says if the bank holds it for years they have any time limit. So rebuild and it’s still monkey on my back when just want to cleanse from the whole dirty process. Once a slave always a slave.
In my opinion, as I lost 2 homes through this crime, if the home is empty and no sale, file a lawsuit against the bank that stole it from you for Fraudulent Foreclosure! It turns you into the Plaintiffs position and the fact that it is not for sale could be because they haven’t forged documents to create a note…..Sue them to get your home returned!
The toll of corruption faced already for over 4 years the bank, my lawyer, bank lawyer, judge. It was clear it was all an act all in cahoots and in on it. I am convinced just entering that place is a waste of time unĺess I had some good supernatural power like they have with their evil. I had a case blatant forged documents. So really trying to hedge against being on the hook for this place after I rebuild my life down the road.
Once the lender forecloses on a property the court sets a foreclosure auction date which is usually scheduled 60 days after the final hearing of the foreclosure. If the lender buys it at the auction, the court issues a Certificate of Title and title to the property is then reverted to the bank’s name. If another party purchases the property at the auction, then the property gets transferred into that buyer’s name. Either way, there is no real time frame in which the buyer of the auctioned property must put the property up for sale. In a foreclosure, the lender has the right to file for a deficiency judgment against the original debtor if the property that was sold at auction, whether by them or another party, was not sufficient to cover the outstanding balance due from the foreclosure. I am not sure of the time frame in your state as to how long a lender can sue for the deficiency but in the state of Florida it was recently reduced from 5 years to 1 year.
check your local statutes and know the terms of your note and mortgage.
My mortgage company stopped taking payments from me when I informed them of my fathers passing …. I was not on the loan …. I even have three checks that they returned to me saying the account had been suspended…… I kept thinking this is so wrong it has to work itself out but to no avail…… by their refusal to accept payments they forced me into forclosure is this legal?
I have in NJ cannot find anything anywhere. No reference to any time limit they have to sell property.
https://rogerrinaldi.wordpress.com/2016/01/28/anybody-read-bony-v-carson-bank-must-sell-foreclosed-property/
Can anyone answer this. After the bank takes possession and the case is complete, the Sheriff Sale takes place and the bank/Fannie takes back the property. The house sits there and they never sell it or put it on the market. Are we still liable for delinquency? Is there some time limit on that? What if 5 years from now the bank never sells it? Is it normal for them not to get it on the market? Why are they holding it, its a nice house and other homes are selling? In my case they even made repairs on it I see, but no activity whatsoever, transfers, auctions, listings etc on it out there at all, nothing! Its in NJ
I realize once they sell it they have 3 months to come after your for deficiency, which I hear is rare. Its like a disease that never dies if they can come after you years later and garnish or whatever schemes these scumbags have. Anyone in this boat? Would like some thoughts and opinions or new scheme they are plotting. Has anyone from early days had them come after you?
Thanks
Your Pal
Am currently suing Wells Fargo and Assurant. I seem to be unique in that so far I seem to be the only person that had their insurance tied into the escrow account. Wells Fargo failed to make my insurance payment themselves and it was cancelled. I called after which they reinstated it. They again failed to make the payment and it was again cancelled. I again called and they again reinstated it. The very next day they cancelled my insurance for “underwriting reasons” and started forced placed insurance, but did not notify me for 9 months at which time they sent me a large bill for the back time.
I have defeated summary judgement and also motions to dismiss by both parties and motions to sever from Assurant. A tentative settlement offer was made which I refused. If anyone knows of any legal cases in which the mortgage company itself failed to make the required payments which can help, please let me know. Most with forced placed insurance are fighting because they let their insurance lapse and inflated insurance was placed. I can’t seem to find any cases in which the bank itself canceled the homeowners insurance just to put forced place insurance into effect as they did in mine.
Thank You.
Steven,
David Lee Ham v. Nationstar, 1D14-4024, Florida 1DCA, decided 05/12/2015.
He had a foreclosure where it was brought about by (illegally placed) force placed insurance. He refused to pay the additional premium beyond the original premium, which Ham was current on (loan was on adjacent structure to his primary home, and while it wasn’t included in his escrow insurance on his primary property, he did have a policy, w/the proper PLP on the policy, covering the subject property, but THEY didn’t think it sufficient, and they force placed an Additional Policy and thereby the party began.
What they didn’t know was that Mr Ham was an attorney.
He prevailed, in the end, on appeal. Reversed and remanded with instruction for involuntary dismissal. Currently tying Nationstar in KNOTS in the Florida Middle District Federal Court.
(& Nationstar was preceded by Aurora, not WF, although WF was cited and CONFESSED to that which You allege in 49 Attorneys’ General v. BoA, N. A.,et al, settled, 2012. They (WF, WFHM, & WFHLServicing, Inc.) all Swore they wouldn’t ‘do it again’, although it sounds like they never stopped, in Your case?
Hoping this helps, I’m sure there are more, hundreds if not thousands of victims when applied nationwide, where the Lender/servicer force placed an insurance policy, & thereafter sought foreclosure?
-Mick
Thank you Mick
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I have misplaced my copy but I don’t think they are making it up. I just want to know if there’s anything else I can do
Well I just found out from my attorney that I don’t get anything. I guess the contincetcy in my contract with them was 10 percent of what the foreclosure suit was for. What I don’t understand isn’t the contingentsy part of the legal fees or cost ? Also what about damages I guess I need to find an attorney that will take a percentage of what they can recover. If that’s even possible. Any ideas from anyone ?
It’s been so long since I signed the contract with my attorney I didn’t remember that the contingency also covered any fees they collected up to 10 percent of the foreclosure suit. Still I think that should be considered fees it cost because now I get nothing. I’m als thinking maybe I should try and find an attorney that would go after damages and still try and get my money back. Is that possible ? I haven’t signed off on anything
did you keep a copy of your retainer agreement
Thanks Mick
What about Ticktin law group? Any views on them? know they are pretty expensive, but hear good things.
They are a bunch of clowns!! Don’t even know how to properly draft a deed, let alone defend a client from the wrath of corruption. Wasting your money. JMO.
LOL. Thanks. Just hear them bragging / posting about the foreclosure cases they are winning all over Florida.
I went to them back in 08 and they wanted my first born to defend me. Seriously, they wanted a percentage of any loan reduction and for me to sign a sign a second note for it and a monthly fee. That was back in 08 when a lot of homeowners were being taken advantage of by lawyers, so i doubt if they are still doing that now.
However, they have been winning a lot of foreclosure cases and appeals lately. I know that for sure.
Well I was just notified by my attorney that they settled the legal fees and cost to satisfy my contingentcy It wasn’t even half of what I spent over the last seven years Do I have to accept the settlement ? Oh and by the way they didn’t win the case the bank took a voluntary dismissal
Kent,
You NEVER Have to accept a ‘settlement’, however, You do need to keep in mind that IF You choose NOT to accept, You’re still on the hook (at least for the time being), for ALL that You already paid. IF getting HALF of that back is viewed as better than a sharp stick in the eye, on the day when we try to reconcile at least the Last Year (if not the last 7 in Your case?), it’s Totally Your Call? They (plaintiff’s counsel) MAY counter again w/a different offer, however even the COURTS don’t like when ‘legitimate’ settlements are refused and the Court is required to enter again in to the case to make determinations for the parties.
IF You had a gr8 Judge, perhaps You’ll get it all? If You had an unreasonable (aka former Bank Lawyer or former Bank EMPLOYEE) JUDGE, You may well walk away w/zip/nada/zilch shy an APPEAL on the issue?
I know it SUCKS (just went through almost the exact same thing w/a recent settlement where we accepted 1/6th of ACTUAL Losses for the last 5 years, & definitely not what EITHER Party was happy with, after a 6 hour mediation, however the alternative was at LEAST another 2 YEARS of continued litigation? I wanted it over apparently nearly as badly as they did…& they stroked a check for larger than any other this year statewide, so those bragging rights are also better than that ‘sharp stick in the eye’, whether now or later, and NOW is always better), but then again, You do realize You get to throw MORE Money in a Potential Hole when You decline the settlement offer, AND You get NOTHING until after the Court either Decides in Your Favor (which IS Likely since they voluntarily dismissed), however including an appeal if the Court didn’t go Your way, it’s another 1-1.5 years and tons MORE Fees to prevail at the appellate level? Do YOU really want to go there?
Again, I Can Relate (better than most) Right Now, & personally think a CHECK to start the new year versus a BILL isn’t a ‘sharp stick in the eye’. Remember that settlements aren’t about Your “Satisfaction”…as our mediator said: “Everybody leaves the mediation hating me….but it IS OVER, and while You think You deserved MORE, they think they should have paid LESS, and nobody’s happy, but afterward, ultimately, everybody’s glad it’s over, and it IS Over.” <–direct quote. 6 hours later, he was right. You can Always Use Your check to secure new counsel.
HTH,
Happy New Year,
-Mick
The bank took a voluntary dismissal without prejudice after almost 7 years We have filed a motion for attorney fees and cost back in October and my attorney just told me yesterday that they filed a motion to deny us. Now my attorney informs me that they are going to cease taking out my monthly payment. Not sure what that means
Could be withdrawing from case. Maybe he’s being bullied by bank. Would not surprise me.
Merry Christmas everybody!
merry christmas from florida 🙂
once a case is dismissed, you do not have to pay the lawyer again until the bank refiles for a new foreclosure. some folks pay a retainer then a monthly payment, and some folks pay One price for the entire year. just depends on the law firm. voluntary dismissal without prejudice means they can come back and file a new suit. what we need to all find are lawyers to counter sue the banks. would love a class action. i know does not pay alot but i feel with more individuals involved it has more teeth. i feel like each one of us alone fighting our own horrors is not getting anywhere. when cases are dismissed without prejudice whether granted by judge or voluntary that means the suit should not have been filed in the 1st place and we should be awarded lawyer fee’s
I agree
true, I called evan rosen, not taking on new clients. ice firm if you like the young and inexperienced. these foreclosure firms that have expanded since the crisis, I would be leary of. most want to drag it out to collect monthly fee(to pay for their firms expansion of employees and locations), meantime you the victim are getting deeper in the hole with the bank. I been fighting going on 7 yrs, 3 lousy lawyers that did absolutely nothing except help the bank to put me deeper in debt. the lawyers don’t want to do the real work that needs to be done. Forget the game of who owns the note and if you want to stay, pay. work out a plan if possible but as in my case maybe impossible. went to ice firm to get judgement reversed. I was told they could not do anything for me when it was more like they did not want to do anything for me. im just saying think about your situation before you get attorney involved. if you looking for stall then a lawyer is probable for you but if you want to stay and can get a REASONABLE payment plan from bank then you will be better off. Good Luck to all and Happy Holidays!
what about mark stopa http://www.stayinmyhome.com/
I’m in Sarasota. Evan Rosen has to heavy of a case load to take on any new clients
WEIDNER LAW
T 727.954.8752 | F 727.231.8008 | Email
A 250 Mirror Lake Drive N • St Petersburg FL 33701 | MAP
Tell them Bobbi Swann referred you.
Thanks Bobbi
I live in South Carolina and I may need a new attorney. Can anyone recommend someone
I am in Lake County Florida…. any recommendations for a LLawyer in the area that gets thing done and wins.
Look up Michael Waslick in Dade City Florida
I believe the firm is Ricardo Wasylik.
For my money the only people to trust in the sunshine state
There certainly are others, depending on Your location, however I’ll second Mike Wayslik, as he was sitting second chair at the Bartram Oral Arguments in front of the FLSC last month. Heard nothing but good about this guy.
Evan Rosen is pretty awesome (in Hollywood) and Thomas Ice in Miami as well. Have no professional relationship w/any of the 3 [yet].
HTH,
-Mick
I live in Florida and I may need a new attorney. Can anyone recommend someone
what judicial district are you in
Can I ask a stupid question??Why wont anyone get back to me on the procedure for actually printing the depo of Erica Seck?And do we log into this site??Im confused,,,is the passord I created for the paypal they made us use to but the membership??
Hello, Posting from San Diego California. Currently I am representing myself in San Diego Civil Superior Court. I was represented by 2 separate Attornney’s at different times. Our 1st attorney was dissbarred after filing our case, our 2nd attorney at his request was removed as councel due to me running out of funds and his office to small to go up againts a large law firm. This happened right before the trial. Our trial took place in January 2015, but my ability to perform on the day of trial due to my health. But we proceeded through the day. I did not submit my evidence although I have it. I have epilepsy and other neurological disorder and my thought process and ability to speak stopped. I am the Plainteff in the case and had been waiting for my day in court and I failed, sadly.
The case is still pending at “pre-Judgment” status. Defendants filed a Notice of Entry of Judgement or Order October 2, 2015. For attorney fees.
The case overview was for Foreclosure and eviction proceedings 1)breach of contract 2)fraud 3) wrongful foreclosure 4) identity theft 5)intentional infliction of emotional distress.
_____________________________
The day after trial the court had a “Minute Order” titled “Tentative Decision Following Bench Trail” Reads as follows:
At the conclusion of plaintiffs case in chief on the Jan 6, 2015 defendants made a motion for judgment pursuant to CCP section 631.8. A motion under section 631.8 is the bench trial analog of a motion under CCP section 581c(a) in a jury trial. Such a motion may only be granted if the court finds, after considering all the evidence presented by plaintiff, that plaintiff has not carried her burden of proof as to at least one element of each cause of action presented for decision. A motion under section 631.8 shortens the trial by dispensing with the need for the moving party to present evidence. Heap v. GeneralMotors Corp., 66 Cal. App. 3d 824, 829 (1977). In ruling on such a motion, the court is entitled to weigh the evidence, and may disbelieve witnesses. Greening v. General Air-Conditioning Corp., 233 Cal. App.2d 545, 550 (1965); Roth v. Parker, 57 Cal. App. 4th 542, 550 (1977). The court is also entitled to draw conclusions that are at odds with expert opinion. County of Ventura v. Marcus, 139 Cal. App. 3d 612, 617 (1983). A motionunder section 631.8 may be granted as to some, but not all, issues. Swanson v. Skiff, 92 Cal. App. 3d 805, 810 (1979). When the court grants such a motion, it must thereafter follow the procedures required by CCP section 642 and CRC 3.1590.
This is the courts tentative decision in accordance with CCP section 632 and CRC 3.1590. The tatntative decision will become the Statement of Decision (SOD) unless either party takes the steps called for in CRC 3.1590. In this event the court designates Defendants attorney to prompltly prepare the SOD. It must incorporate this tentative decision in Haec verba (although the SOD may go beyond the TD. Plaintiffs take nothing on the SAC.
__________________________
Presently, I have scheduled an Ex-Parte hearing with the Judge for Tues. Morning December 8th. I noticed this past week, after reading the tentitive decision hundreds of time over and over there is an administrative error of the date of the contract. It reads on March 2009, plaintiffs entered in to a written agreement with defendants to modify the 2nd mortgage. The correct date should read on MARCH 2010. Reflectiong the correct date would explain to the court why I was unaware of the foreclosue that took place May 7, 2010. Our modification agrement was signed notorized in March, returned to the 2nd lienholder 1st of April, and May 1st 2010 the modification went in to effect. We were blindsided when the 2nd lienholder foreclosed. Never did I live in my home for free, I paid the 2nd lienholder throughout the approval period and was current on my 1st loan. I was shocked.
Additionally, I want to be able to submitt my evidence to the court?
Thank you so much to everyone that takes time to read my post! This has been an eye opening experiance. I feel my case shold not be ignored due to technicality, as our court should partake in a game knowing I would fail horribly because of me reprensenting myself. There is definate bias in the court system to those of us without attorneys. Trust me I tried to find legal assistance but it is difficult for an attorney to step in, so late in the game.
Take care!
have to watch those dates Lisa, the further back they can date summons, anything to show that you appear to not have been paying for a longer period. It makes us the defendants look worse and more “deadbeat”. going thru that myself. Get your evidence in front of the judge asap. I am working on same.
Courts are mathamatical machines of sort…they follow what is presented to them and spit out a conclusion based on what they had in front of them…obviously you did not do a good enough job and withheld what evidence you had from the court…you must seek co mpetent licensed advice from someone who knows this judge and courthouse to decide what few options you may have…
If I were you, I’d try to reopen the matter and set aside the decision for cause… and try to get the court to rehear the matter on the grounds you have a handicap that the court did not take into consideration and you need more time to adequately have competent legal counsel appear for you.
Try to negotiate with the other side.
Republican spineless traitors at it again
https://theintercept.com/2015/12/01/congress-moves-again-to-block-investigation-of-congressional-insider-trading/
After loosing 2 homes to absolute fraud, the only way to put an end to all these fraudulent foreclosures is to demand that LOBBYING is put out of business because it’s bribery of all sorts of our public officials who are allowing the banks to steal our homes….if the illegal actions of bribery is to end, it must end with closing down K-Street in Washington. I believe with my entire heart and soul that if this were to happen immediately, EVERYTHING would change and Courts would do what they are supposed to be doing…protecting American citizens from fraud….it’s a better direction then continuing in this game plan of corrupt Attorney’s, Judges and court system…we can’t win if we play by their corrupt rules….try another direction with a petition to close down the illegal business of LOBBYING….just my thought this horrible morning after yet another shooting on American streets!!!
I want to post an article that I read today from NMP (National Mortgage Professional) that I found very irritating as to the ‘truth meter’ but you all can decide for your yourselves. The link is here: http://nationalmortgageprofessional.com/news/56701/hope-now-337000-non-foreclosure-solutions-q3
If you want to send your comments to the author, here’s his email address: philh@nmpmediacorp.com
Bobbi maybe solutions for some but my loan mod is 45% of my income with 150k on the backside they want to add to and when I sign be declared as principal. Not sustainable for me. I’m sure I will be one of those stats probably on the short sale end. I was told today that living without
Health insurance was less important than paying the mtg. Well if I agree to this mod I will soon be 6 foot under I don’t know where he got his stats from but they seem minimal
EXACTLY!! Hope Now is funded by Fannie & Freddie (surprise to some). For them to inflate such figures makes them look more and more like the Good Guys. Hope Now was supposed to help those in need under the threat of foreclosure – so do you see the how ridiculous that is?! Does anybody really think that Fannie & Freddie are going to support an agency to FIGHT AGAINST THEM? That’s why this article just made my blood boil as I know that most of this is just media hype. I urge anyone to read this article and let the author know YOUR statistics. You don’t need a microphone to be heard anymore!
Improving housing market. That’s a joke. I’ve noticed a slowdown lately don’t know if bc of the anticipation of rising int rates and prices climbing but both I’m sure another Obama facade to make him look good
yes agree hammertime, 1st mod said JPMC as successor to WAMU. never quite got that one! they really do not know which end is up. also saw a MERS corp signature on their financial affidavit of monies owed. definitely bogus looking paperwork, writing on both sides of paper, looked totally fabricated and the notary seal. I have seen several different seals for notaries in ohio, I question authenticity of financial affidavit. im sure the note was passed, only one endorsement though. also missing a couple of payments on their transaction record and I have proof of every payment I ever made to chase as whatever they are supposed to be.
Hi lms so u have them stumbling 4 different times so how do u know who is “Chase”? In court at least say purported lender called “Chase”. On each transfer, refi, server change is their a valid transaction? It’s important to be clear but if ur starting point is it IS a Chase loan OR even a loan they can keep stumbling and getting do overs. Chop off the head of the snake!
Hi Hammer yes I saw Garfields post today.working on deciphering it but still there is no proof of multiple proofs of ownership other than the different lender names they have modified me under 4 to date which is still a valid stand. they just cant get it together can they? I am going to make them stumble on their words. but first I have to make sure I don’t stumble on my own.
Great posts Trev, lms but too many people lost everything and didn’t get the girl this is a much bigger fight. For me it’s love and truth in Jesus’ name no matter what the end result. So u fight on or don’t with the truth
And here Garfield again gets down to the basics everyone needs to get. Lms this has ur name written all over it and can get u to quit calling ur loan a Chase loan.
https://livinglies.wordpress.com/2015/11/30/standing-is-not-a-multiple-choice-question/
ps… what is the anti-venom or magic elixir to this greed…angst…thievery? you ask…
LOVE.
don’t know what that is? watch Lawless…lots of love in that one.
pay special attention to the feed lot ‘i know who you are’ …scene
shia & his object of desire are in love…find someone or something to love like that…so nothing else even matters.
yes…falling in love w fairness…justice…equality….liberty…those will do juuuuust fine. pickin’ up what i am layin’ down???
yes Trev, my mom always said the same about the lord. im fresh as a daisy and can prove it.
the Lord & his angels….’they’ work in mysterious ways…you are exactly where you need to be… repeat….you are exactly where you need to be.
guilt…its like the skunk smell…even a little on ya…and ppppeeew…stay pure…look around…the good guys/gal win…the honest ones…the cheats get hung…hang em high….let em swing….in law enforcement ideology….we call it deterent theory. the ol skull on pole warning….very effective. sun tzu
you know trev, those that are sworn to uphold the law, not manipulate mind you. the python needs to swallow them whole. I really don’t see how they live with themselves, taught one way but live the complete opposite. I would not want to be in their python trailing shoes for anything. I guess that explains some of the jumpers, I would not want to live with myself either. we hanging strong Trev because we got the truth.
lms… i hear you LOUD n clear… I have answered nature’s call in Tanzania….in the very rugged bush…w lions roaring…not a zoo mind you…and just the thought of a 16′ black mamba travelling 35 mph on 1/3 of its body….just to tell me i’m now ‘ON’ the food chain….it was a very fast P…. i ‘get it’.
pythons in the courts….perfect visual. get in…get awarded…get out!!!
here’s the deal….. there was an intervention in the dark ones’ BIG agenda…. think of it like this….at just the split second that ‘satan & his minions’ thought they had it in the bag….it went through the bottom of the net….tore a whole the size of rhode island in it…. nearly gave the Pope a ♡ attack….and knocked humanity on its arse….. some dark ones have gotten up….most will never….they’re done….dark HATES light…..
think of Oz…’I’m meltinggg…..’ & that ‘they’ are. amen. Not a day too soon.
With that said….there will be no ww iii….no FEMA camps…. no American Holocaust….I know it f.e.e.l.s otherwise but stand strong….remain ultra vigilant….we have help from above….litterally. hold on!!! keep the faith as Billy Joel might say.
FL….ah yes….another Rep. snake infested ‘thou art worthless lest you have millions and look…drive….make deposits…like us States’….I know the type (s) far too well….
ID…its missing-a-few-helix proteins cousin…
Those robbing you et al…. will be held to atone…that much is real….foreseeable and worth mentioning. When…how much…which court….those are not entirely known….in the works. Use CFPB for reporting….papertrail….etc…. file Qui Tam… remove the attorney X factor…. they all suck…too much ego…too unpredictable.
Many Judges & Law Enforcement Elite….bless their overburdened souls…are starting to ‘come to’….and you will see a war for justice mounting….the snake….to use your metaphor has begun to eat its own tail….let it. Good ones will fight for the light soon….once it s
i
N
k
s
in…
You….stay optimistic….informed…aware…find your path out of hell w a settlement amount that will allow you a fresh start….FL in 5-10 years will be a reef….so the joke is actually on the corrupt Corps. The Blackstone Groups or whomever…..their stolen goods will be sunk like lost treasure by tide shifts sooner than you are being told….and that too is by design. So plan on an exodus but get paid first….then exit stage left….
Good Luck x3…you’re not alone and no….the dark ones never go wo a fight….and oh boy…they got one coming…. they brought it upon themselves. The Big Bully got his horns handed to him….just before being tossed from the rooftop. Splat. No tears from me….maybe i did it…maybe i didn’t….????
Enjoy the show….if you’re still standing (and you are) you’re a winner in my book.
All the best….-Trev
CFPB a front for Obuma, no justice here either.
Hi Trev, I am in 80-90 degrees of hell florida, would trade for the cold in a minute, pythons larger than life here and in the courts too, mosquitoes sneak and bite you all year long, much like the court system here, corruptness abounds here. the devil is taking over everywhere
amen trev.
Yes keep making complaints and would be good to see what Trevor has w CFPB. The timing is now to put the pressure on. I’m putting together way to bring info on cases like ours and coordinate complaints and possible campaigns. Again whether they respond or not let’s get them on the record and not let them use us when thry say they’re against Wall St and for Main St bs.
CFPB…. Dennis K…. Elizabeth W…. two indiv. I respect…. from afar. I say this bc. Ws I type this I to be clear…I am not mad at them….I am however VERY disappointed in their approach to ‘settlement’. I do not think my expectations were too high….if anything…they were too low. Here’s the skieewnny….
CFPB throws around massive judgment figures…. $100m here… $2.125b there…they sound so serious on the phone….’you have ONE chance to claim w us…..is your file complete….blah…blah’.
They are SUPER at process….but when you go through it….they are NOT there to make you whole….hardly. And for me….I waited years for them…so the letdown sucked. Think antartica….you hear supplies & icebreaker are coming….you hold on…hold out….the what arrives is a can of soup and a photo of an ice breaker….more of another slap in the face than anything else….another WASTE of an opportunity to get it right…..like if the cops chasing the crooks who just robbed you of house n home….not robbed your house..no….STOLE…the whole gd house n the equity you had in it….as if those law enforcement personell had squirt guns….like watching them in a shootout w squirtguns…
CFPB led me to believe they were formed to make crime victims whole…..hardly the case Ocwen’s $125 million in penalties ÷ 400,000 crime victims…well….i was fighting for $350 or a mobths worth of groceries….
To hell w them… I lost $350,000 and my neighbors (whom I adored)…my community…my credit….my safety….my dog’s safety…nearly 10 yrs of stress….
Fraud is fraud…so now I am going after Ocwen’s CEO + BoD…. w a limited CA…100 max… I am foreclosing on them…
Karma is circular. Want more play-by-play? Reach out 208.703.9525 mst.
or trevor.hitchin@gmail.com
Yeah….read the fine print….
huge figues ÷ huge figures = tiny figures.
Figures. I’m going Qui Tam…. straight to the ♡ of the FRAUD ON THE COURTS.
Boise should be listed as #1 city for corruption & fraud… the Mayor’s brother was my judge in my other loss….Christopher Bieter.. . . the deadbeat didn’t even show to Court. … !!!
Awarded FretLife Summary Judgement…..I helped take them out…w help from Dept. of Comptroller….out of Texas.
Now I have to report the db Judge & the sleazy female attorney MetLife hired to molest our Courts….to FBI….DoJ….Idaho Bar. Bar Council…. I’d rather be bird hunting w my father & Ithaca…. total time suck…. just like the FRAUD Mayor Bieter & his Brother allow…. stay tuned…. my team will chew up this filth…will be victorious….will do it w truth & style….so that IT WILL NEVER HAPPEN AGAIN to anyone in Idaho…. they will be brought to the light so to speak.
If you are going to rob/rape someone….it may help to know exactly WHO you are stealing from. My team….ww….ooooooh….they are v. V. angry w the corruption in Boise….Mormons are not used to being called out. . . Catholics either for that matter.
I am neither…..just a believer….a believer in truth & justice……you know….
‘The American Way’.
Our last Mayor went to jail. It may happen again. …. who knows. Rotten I tell ya….
Hope this helps connect some *not all* of the . . . . . . s
17′ degrees in hell….as I send this.
brrrrrr.
¡todos!
CPWBTDHK
777
….and sorry for the typos…no feeling in my fingertips….typing on a phone…the pain meter is high today….very upsetting topic.
cfpb…. waste of high hopes.
Peace all. Still my trailer *rental* is warm n dry.. plenty to be thankful for. plenty!
lms… no. As of today I have lost all confidence in cfpb… waited years…weak cavalry….worthless…spineless…gummers…i need fangs at this point…so follow my tweets ‘Indigobro’.
I have invited others to join….limited class action (100) and will wait for anyone who wants to join….Idaho Courts are ROTTEN…so it is my hope my ‘Qui Tam’ claims…. will ring some bells here, there, everywhere…
MetLife Home Loans CA #1
Ocwen + predecessors CA#2
(Am home mort…. Homward…Ocwen)
also invited MKULTRA survivors into a third limited CA#3…
It is my hope this will protect us from sleazy db lawyers….and will stab the ♡ of this hydra beast…. 1nce&4ALL… or for 100 of us at least.
Targeting May 1 for filing in Ada County w DoJ & FBI copied on everything.
If they don’t ‘get it’ by then….they never will… god help us all at that point.
I’ve done my part & then some….& then some more…. nobody likes a quitter. 😉
Peace!
To US!!!!
Werewolves Of London: http://youtu.be/iDpYBT0XyvA
My case has been voluntary dismissal but I know they are going to refile. Now if the FSC won’t let them restart the statue of limitations they can’t refile I guess it will be a couple of months before we know on that ruling
trev, have you filed a claim?
I am speaking to my congress person. I am going to let her know that this foreclosure crisis is far from over and let her know about my personal dealings with the bank. don’t know if it will do any good.
I cant believe the judge keeps letting them reset hearing. obviously they cannot prove ownership. I would motion to dismiss, its enough already. these courts are just determined to give them multiple chances to steal the home. on the affidavit of amts due and owing, it is checked that chase is the servicer and holds the note, yet they want to claim fannie mae is holder
Two things about that. The AG in Florida negotiated a nice settlement for the state and if she were to try and help us little guys it further her political career
why would a MERS person sign the affidavit of amts due an owing if there is no evidence that MERS had anything to do with the loan. anyone ever seen what a ohio notary seal looks like. I don’t believe this Kimberly mcclanethan was authorized to sign.
Yeah Hammer I agree. I believe that when Ronald Wolfe was acquired by Brock and Scott that they reviewed my case and wanted nothing to do with and they dismissed it. However Chase has now Hired Shapiro and Fishman. About 2 weeks ago I got a debt validation letter from the and told me I had 30 days to respond. My old case was reopened. Y my attorney to get legal fees and cost reimbursement to me. So if they had done their homework before they sent that letter they would know they can’t do anything til all pending motions have been ruled on
I never heard of JPMC specialty. that’s a new one, but they are under the same umbrella. but don’t know anything about corporations. seems if the note was assigned to someone else, they should be the one initiating the fc. what does the judge say so far about the dates and the owner of note/mtg
We had 2 trial dates set this past Nune and was cancelled They have also claimed they could provide the original note at anytime which they can’t. They didn’t attach an alonge with the complaint or any transfer of instrument to prove standing either There are so many holes in my case that I understand why this hasent been put to rest
Yeah Chase claims my note was lost or destroyed anywhere from 2006-2009. 2009 is when they got an assignement from Citibank. My foreclosure suit started in May of 2009 filed by JPMC SPECIALTY MORTGAGE LLC. JPMC didn’t have an assignment til November of 2009 They claim it’s the same company but if you know anything about corporations JPMC is t the same company as Chase. I’m reasonably sure Chase is an s corporation
that’s right hammer, so they could further steal our property rights. AG in fl not very helpful. go to her website about mortgage fraud and it says beware of people trying to commit fraud to help you with your home, big whoop. never talks about the too big to fail banks. they are the worst ones.
The Republican Congress and corporate Democrats didn’t want any regulation or settlements so the AGs had to fight to allow us private action on guidelines violations. So u or ur lawyers have to make the case. Did u state violations and were ignored? Could be another mark against judge, court. I’m being railroaded, fighting bias as I’ve submitted multiple estimates, requests gone through multiple inspections while tenants were turned against me and funds not released so I could stabilize and move forward. So this is all gravy! At same time fighting Chase /PennyMac w one hand.
that’s the thing, shouldn’t these settlements, class actions, and whatever else we have been a part of and believe me I have been a part of them all. should they not trump the local court. chase clearly breached me and there was a class action with 5-7 states involved but it has never been brought up to the judge in the local court. it actually helps to prove my case and I fully intend to use it.
Hammertime, get your own guy out there to evaluate roof and make sure he is licensed. estimates are free. get as many estimates as you can and take the best 3 to court to show they are just bullying you.
Kent thats the kind of thing homeowners don’t react to or demand accountability like w settlements. The best example of using banks own admission was former FDIC I think employee lawsuit, Mains? re action WaMu possibly Chase.
When ur business is destroyed, credit and they take away only income left property condition becomes their excuse. But we do have rights abd their admissions on settlements. Ur right though I’m documenting their manipulation and guy told me there was just minor patch work and tenant actually joined in and asked why they needed to replace whole roof since there were no leaks. These guys are beyond arrogant and think law doesn’t apply to them. Even if they have everybody fooled and bought off.
heard that to Kent, but in my case I believe chase never sold it off period, they use fannie mae as a front to hide their bad dealings . fannie mae is a cover up for the big banks so they don’t have to prove ownership because they have destroyed the paperwork
I read on the Internet that Feds made the banks buy back a lo of Fanny Mae and Mac loans because they were bad debts
the one thing is to keep the property in a livable condition that way it gives them no reason to enter on the property. my neighbors have no trespassing signs all on their property and the one next door that got foreclosed on and they keep the properties immaculate. they obviously want to keep from being further served I know they are dealing with BOA scumbags. every mtg says the property must be maintained along with all the required insurances to bankrupt u further. sounds like they are just bullying as usual. what exactly is wrong with the roof. is it leaking and causing interior damage then it has to be repaired and they will stick you with the bill but if there is nothing really wrong , then they are harassing you. fannie mae/reo people that work on these foreclosed properties are just little people trying to make a buck. they don’t know anything, but sounds like the msg. got thru to pennymac so lay low and see what happens next. if more of those workers show up you can scare them away with a big BOO!
I’m living the nightmare with PennyMac, investors, local gov’t and side of criminal court to go with it! Last week tenants told me the “bank” was sending people to tear roof off and replace without telling me. I put out trespassing and unauthorized repairs sign. Looked like they didn’t show. Yesterday I get home and there’s a guy on the roof. I take pictures and ask him to come. I tell him he’s trespassing and to explain what he’s doing. He has no documentation and plain white van. He’s apologetic thoigh and said he wasn’t told anything. On the other hand he said contractor did show up but didn’t go forward and when they told PennyMac they were fired.
if the judge had power, maybe they would do the right thing, the judges are puppets on a string. if the chief judge allows the fraud to continue in their circuit then it is obviously much higher. contempt is a scary thing yes and the quickest way to shut the truth up. I don’t know who u r speaking about but all I know is under my house is a bunch of sand and dead lizards
He had to stop me because the fraud was staring him right in the face. 2 completely different signatures it was a blatant forgery. Also the document was so fake a child would see it. They basically forged it put the papers in the sun for a few days probably palm harbor fl then stapled it over and over. It was to intimidate me or a crack would be exposed and all you guys would have had a precedent to use in your cases and he would be the idiot down at the lodge that that screwed it up and he shut it down and my lawyer did nothing it was a game of squeeze this guy out it was me vs my lawyer, the judge, chases lawyer. If I peeped He would have gave me contempt. The power a guy in a robe has is astounding and unfair. Sit up there like big fat cat kings, rise everyone. How is that not retarded what guy is not gonna be filled with ego.
On the digging wasnt the guy the other day saying something about they wanted what was underground his house boise or something, wtf?
Pal very interested in your theory. why would the judge threaten you in court like that? I think I am dead on with Blackstone and Chase. everyone who has bought foreclosure on my street has only made the house look worse. stacks of brick in front of one house, another lady bought and had some yahoos dig up her plumbing in the back yard. they must have went 5 ft down digging and came up with no pipes (though plumbing problem), pulled no permits to do the work and now those yahoos disappeared weeks ago and all is left is 25’x30′ holes on each side of the house. Its an accident waiting to happen. and nobody is doing anything about it.
and Blackstone and Chase have several rentals around the immediate area. they bought 3 on my short little street alone. there are only 8 houses on each side of my street from top to bottom.
Ur welcome lol! Yes will be nice once we end this and can celebrate!
Wow Hammertime. Light went off. Great ideas popped into my head. Bless you. I really hope we can meet each other face to face. One day soon
Lms then did u already sign?
Lms I’m saying what may be possible as to TILA. If they don’t respond within 20 days note is void. If the loan mod offer is invalid grounds to dismiss/vacate? Or make strong counter as an answer or motion and u have them on the record. But u gotta question not just the offer but standing and debt. They may have opened the door for u. Could be real interesting. Brainstorming here.
Make counter offer stipulating they verify debt, standing.
If they can’t then dismiss judgment.
Or given new evidence submit notice of rescission within case or wait until case dismissed if no sale within 20 days.
But check w lawyer or verify as we are saying.
Do I have any recourse. They attached the trial agreement to the court file.
You need to check case law
Hammer. They filed paperwork in court showing I was in trial mod. So yes.
Loan mods are considered confidential. negotiations and should never had been sent to the court
Hammer r u saying I should do Tila rescission. Don’t follow.
Pal. Not quite sure what u mean we r being watched. I just know blackstone group is all up in this area and chase is holding their note. That is what I suspect. They want to scoop up my place to securitize the rental income because these properties rent for up to 2500 where I’m at. In Florida non homestead property brings more tax revenue for local and state govt. and then u have the smaller investors. What exactly r u referring to? Also my dog got real sick and died. Not quite sure what happened there but now the others stay in house all day. I don’t let out unless I am home.
Did they make loan mod offer within court?
Lms then sounds to me like u have no reliable evidence of a valid transaction or in TILA terms NO CONSUMMATION if it applies per TILA requirements and procedures. If you can do so within current case context or get out of it somehow and there is no sale within 20 days this could be ur window. If u send notice u will have flipped the tables and they have to go to court and prove standing and debt per my understanding not legal advice. Think it through but don’t let them dictate or off the hook.
Yes. I want to counter but not sure if I counter with bank directly or thru court. Never know who u r dealing with at bank or court either for that matter. Not sure if result would be better or worse depending on which way I negotiated
Hammer. The only recorded doc in public records is the mtg. No assignment of ownership to anyone else but since judgement. They filed assignment of right to bid to Fannie. Now they r giving loan mod under chase as lender. If there are others involved and I suspect there are but it is not disclosed anywhere in public records in the county? Where else would I look.
Lms id say u need to go back as far as possible to get a handle where Chase inserted itself and demand proof of valid transaction per the settlement guidelines. Like I said compare what’s in county records, your documents, MERS etc which u can do on ur own or with tools I’m putting together w trial group. I need to nail down court options or counter offer to loan mod offer. In counter offer u can force them to address and/or put them on the record!
Meant u need on court options
Yes Kent incompetent is the word for Albertelli. I don’t think they understand any of the papers they file with the court let alone what belongs in the right file. Is that grounds to go back to judge. If not it should be because if nothing is ever said the wrong papers will stay there 4 ever because I’m sure once they have judgement on a file they will not backtrack it unless they r forced to.
Hammertime. Yes I believe I have new evidence. I think I am out of the timeframe for Tila rescission plus there are numerous errors in the paperwork in my file. They claim a loan was made with some bank I never heard of.
I couldn’t believe what I was seeing at first then every time I questioned anything their “responses” got worse and worse. I had the chance to challenge and not acknowledge them from day 1 and then after 1st and only lawyer on false offer. On the flip side u can’t acknowledge the default in court and give judge no choice. Those trapped need to find new discovery or revive TILA rescission or other defense imo. Garfield, jurisdictionary and other legal aid advise on way to present in court and allow judge to make conclusions.
Understand Kent. U can’t go accusing unless u have the proof. But as many loan mods they have reneged on in different lender names and now they r back to chase. Something is rotten in Denmark.
You can guarantee yourself if Chase us involved there is something rotten. Have you ever noticed they use the worst attorneys they can to fight us ?
Hammer you would split your sides if you look at my case and docs
understand Hammer, I guess that means, I need to do a written request for the PSA if one exist. Its hard to go back in after they got judgement, but maybe worth it. the first loan mod they reneged claimed that Chase was successor in interest to WAMU, the second loan mod was Chase Home Finance, LLC so I know there is something real screwy with my paperwork. They never wanted to honor the two loan mods they reneged on for a reason. they also hid the first one from the courts so that maybe my saving grace of new evidence of fraud to go to the court wth to force them to give me a reasonable loan mod or else. Im not sure how judge would react once they have judgement though. don’t know if fed. court would be better. I can get help in the fed court where the cty court here would probably throw me out.
As attorney Rosen said never bring up fraud in court let the judge do that. If your case is strong they have no choice but to rule in your favor. I like you have been fighting Chase for seven years. Now this will be the third Lawfirm representing them
Pal ur exactly right on land records. The cancer has spread to real estate “professionals” , investors from small to corporate. A couple of years back I looked in my area and tgere was a property that stuck out like a sore thumb. It was listed as an llc and had about $6 mil balance on $500k property. I raised this as an issue w local officials but they played dumb or it was over their head. I looked in lms area and it looks like properties have a bad case of MERS. NEWER filings that look like part of overall cover up. There’s a movement to audit property records at city and county level so this isn’t the time to give up even if uve lost ur home.
I had a house next to me that was foreclosed and the lady had BOA as servicer and I looked on public record and saw one of those MERS doc recorded. I did not check the date but I could swear that was files after the foreclosure. I only have chase mtg doc files with my county, no body else, no other deeds or assignments, nothing. that’s why chase has always been the holder and everything else. there has never been any evidence that I was part of a trust but Chase has strung me along for 5 years claiming the investor has to decide. if I were to let my house go, I just wonder what fictitious docs besides the ones the courts add in would pop up in public records and to look at this loan mod I got, it show chase again as the lender and the notary for chase’s signature appears to be in Michigan. I was told it would be recorded but I have my doubt and if the 175k they added on the back end is for servicer advances, they can shove that 175k up their a** and then once you sign the 175k becomes principal of the loan, what a maroon.
Ok that is where u can make a breakthrough. The bankster and real estate people want you to believe that whatever is filed w county is all that matters. Whenever u say it was always a Chase loan is exactly what they want u to think. They used exact wording w me althoigh their people were referring to my loan as a WaMu loan! Then I saw that MERS had old loan as active w different investor / servicer 3 yrs after closing! If there’s fraud involved the point is we DON’T KNOW which is why you don’t acknowledge pretender lender or bogus debt if u have no PROOF of their claims besides fraudulent filings w county and everywhere else. No matter what u know u need to look everywhere the “lender ‘ or “servicer ” COULD BE listed. If there’s any possibility of multiple claims or fraudulent transfers etc there’s ur cloud on title and u can tell Chase to stuff the whole fake loan.
What will be recorded on property record after all is said and done is fannie will own the home. Our good old government owns our homes. Maybe some syrian refugees will be living in it soon. I keep planting seeds in the conspiracy direction because I think the guy the other day said it, it seems they targeted us for some reason wether it was clouded MERS homes with clouded titles and they jumped ahead of it or some other sinister crazy plot to steal our homes I understand greed and power its in everything but my gut is kicked that this is much bigger secret group with a much bigger overall mission. Sleep on some of the small nuances of all your situations, like I stated who the f#%! Takes helocs and refinances over and over every month for years look around your block and you will know who knows something. By the way look now after this all hit none of them refinanced again since. If you look at who these people are they will always be tied to a person in the know usually all government employees or members of some local lodge if not a secret club. Find just one of these people in foreclosure you cannot, no connected person to the KNOW is affected period. These are the ones now scooping in for further vulture kill or be killed and investing in the carcasses.
as my judge hit the gavel I yelled I would like to speak and have my day in court. The judged looked not at me and my wife who have suffered years to get to that moment, he quickly veered over and said to my lawyer I want you to listen to me if you allow them to speak I am warning you they could fall into “unintended consequences” my lawyer shit his pants and waived my right to speak.
i knew that moment its all lies, everything we as americans were raised to believe work hard, do the right thing, justice, the american dream, the system is pure 100% corruption.
If you have the heart by all means fight. But we realized quickly how bad it is. As hard as it is to let it go for Justice sake. The major issue is you dont have a chance its like a lottery that could only be if some major press in your case could get out but that wont happen press wont say a peep their owned.
The emotional soul toll wraps you up in their clutches and they are well aware of your pain and know its to their benefit to drag you around for years if they have to they may even literally feed on it.
I want to cheer lead every single effort you make and high five your battle victories. If I was your brother I would tell you however its fixed dummy! They are all in on it! Like we were saying with Trev the other day judge, lawyer, realtor its a big show. If everyone starts to look under the veil mostly all foreclosures do not happen to certain people right in your neighborhood furthermore Ready!
Search your towns land records and look at “certain” peoples past documents one after another every few months heloc, refinance over and over these are people that do not need a heloc to refinish basement, pools. These my friends are the ones near you that are in on it and stay far away from them they are waiting seeking to devour you and your family. It is not for fixing up the house its money laundering and its how they get paid for being foot soldiers gnashing of teeth. I have seen this go on too many times people kept fighting trying to go after the judges bond, the whole sui juris thing, complain bar lawyers. Get a tiny house and a tiny job low overhead and enjoy freedom while it lasts live just outside their matrix as much as possible. Save the toll, soul get to peace and love thanksgiving wait for the day of justice it feels like its coming soon!
pal, this generation needs to leave the electronics alone and wake up to what is really going on here, Americans are losing their property rights, one of the most sacred things that make America great. these kids are saddled in debt, student loans, etc. I have seen so many newly built apartment complexes go up in my area because people either cant afford to buy or do not want to. Black Friday makes me sick, people getting in more debt. I have never ever lived beyond my means yet Chase is trying to blame me for their BS. Yes it does appear to be a losing battle in the courts because the entire govt system is reaping benefits from the fraud, but for now we have to do to know we did all we could and none of us should settle for less even though the deck is stacked against us.
Amen, I had one of the most open and shut cases I win, nope. They shut it, everyone of them everytime. I screamed from mountain but your pushed further in weeds until your suffocated.
You are so right we have let them own us long ago. Just think of the snake oil salesman. See this 10k worth of 2×4’s we will build you shelter with it on that land right over there its high demand walmarts a few blocks and every jones family wants to be here. But, you will have to pay 300,000k plus our vig/interest because were the bankers. I know you cant afford it so I will own you over 30 years of your toil and it will be totally worth it cause you will pay me 1million by the time your sixty. Sound good? Ok and also this tax guy here you need to pay annually for the land as well and our rates not fixed so every year of the 30 years we will raise that its not fixed rate. Ok and this insurance guy pay him to protect our interest in the home you own. Ok and this guy is land use board if you need a fence or want a pool on your owned land you need permission to use said land and a lawyer to get a variance. Ok and if bills are tight paying and you need xmas gifts this guy will give you a plastic card like your mortgage so your kids and you can still get what all the jones have or want displayed on our HD commercials. Ok and dont speed to get it cause our men in blue will hide behind trees in a 25mph zone just by walmart as your rushing to work to pay us and hand you a bill but dont fret they take credit cards now, and on and on andon and on. Ahhh home ownership the american investment, listen heres a bone all that interest its tax deductible its good debt. How dumb are we to have let this go on!
Well said. It’s called the American way Aka the credit trap
yes pal and kent, and I would like to see more places besides the inside of a house that I will be enslaved to way beyond my death. unbelievable the loan mod, deeper in the hole! maybe I should give the new generation more credit. they know something we don’t about home ownership. the banks make it a drag on finances. as the state of Mass. says “LIVE FREE OF DIE” or that might be Maine, anyway I like it and am going to live the rest of my life by it.
I recently saw where a guy was running for state representive here in Florida and asked him 4 times what was his plans on the bank foreclosure frauds commited here in Florida and he ignores my question Obviousley something he doesn’t care about. Our attorney general Pam Bondi could care less as well since it won’t her climb the ladder if her political career However she negotiated a really good for the state with the banks but didn’t help one single homeowner
They have us divided strong credit vs those deadbeat subprimers losers cant pay bills. All of us fighting mortgage fraud stand alone. We dont need to occupy and sleep in park with signs. When everyone wakes all we have to do is collectively stop paying mortgage and slave debt.
You see we are missing and have left what makes us strong like IMS is saying slave debt in our livingrooms. Watching black vs white dem ve reb gay vs christian womans rights vs abortion war vs peace they gave you an identity whatever you believe they keep you divided.
Remember little house on the praire. Thats what needs to be a “kononia” of righteous community minded individuals prospering together not being divided.
Co-op small land with cabins or old trailer park with trusted people fix em up barn raise sheds together fix each others plumbing generate common funding for overhead live simple. Drink beers bbq campfire and avoid the man in blue DUI and stumble to you cabin, lol but this is what has been stolen. Occupy your mind, live, love, give. If this place existed were good people you could trust, real friends join together and go back to old school community I would love that. I GUESS that is where the word Bohemian came from. Google that, bohemians said F””” this and made communities and did creativity and jammed with each other broke bread together That thought though would be labelled ” losers” today.
I agree w most of ur specific recommendations Mick but lms and i have been fighting Chase for years. Hopefully she has done what we’ve recommended here. Like u said all she needs is one violation or breach which we all layers on top of layers BUT THEY ARE IGNORED DUE TO BIAS AGAINST US! No report is going to change that while some lawyers now offer free analysis. I believe LMS has hired lawyers in past and they prob abused her ans broke the law. We have to keep engaging and involve officials tgat aren’t doing their job.
I agree w Bobbie as well but we do have laws and agreements but tgey are NOT ENFORCED. That’s it’s not just about saving homes which imo was Occupys mistake or as here in LA tgey got their compromise ie “sold out?” And went home.
We don’t need to get into 100 yr old agendas and quit following individual agendas. We need to focus on facts and the deprivation of our properties and other rights as a group.
agree with you Bobbi and Hammer, will not change anytime soon. obuma in bed with bankers. the dems side with banksters. Hammer, had cronie attorneys who sided with banks attnys. never brought up the pertinent facts about the breach. my only hope now is go back to get judgement vacated on grounds of items that were not part of discovery which I have, the bank’s attorneys misfilings of papers that did not even pertain to my case, ex.some loan that I never had with a bank I never heard of, and they hid the breach loan mod from the court. any other suggestions are welcome. I could take loan mod they have offered me and get judgement vacated that way and then go after them later. I am so confused. I do not want to sign the loan mod. is it true what mick said that I would be forfeiting my rights for a re-hearing in florida?????
Lms weird don’t see ur post I’m replying to but as we talked on the phone u must review what u sign if there’s any such language waiving ur rights. Banks are already doing that w TILA rescission. You have the right to make a counter offer and demands re ur concerns. Even if ur officials are Obama haters or lovers u need to get them in the loop. We have to be independent and most of us fighting are one step away from streets or on the streets or our cars and not concerned w the rhetoric of dem/rep or deadbeat/free house. It seems that’s ur main stumbling block.
Mick, we are on the same page I think. already contemplating vacating judgement based fl. statute. on everything mentioned in your comments, more than 1 material fact issue not addressed that was left hanging. new loan mod stills show chase as the lender yet they claim fannie mae is owner/investor. there are no new deeds, quit claimed or otherwise. I believe chase has always held the note as well as mortgage and if not why are they giving me new loan mod under their name. I think they are counting on me signing loan mod and I will go away, but I have already contested the loan mod docs thru the bank for now while I figure out what motion to file. im sure albertelli will be back in there soon enough pushing foreclosure sale.
Mick. Chase reneged on 2 loan mods and I was part of a class action where they were sued for breach. That class action went on for 4 years and the bank dragged me like a rag doll. All I wanted to do is get a reasonable payment and move forward meantime I got slammed into foreclosure in 2012 and judgment in March this year the complaint was wrong saying I did not make a payment since 2009 when I was in a loan mod. I don’t know if it is too late or not but I feel if I don’t take loan mod. They will just push sale.
LMS, the key words are the first 5. THEY reneg’ed. They Reneged because they COULDN’T enter in to the mod. contract because they likely no longer were Either Owner or Holder of the Note (keeping in mind that SERVICERS don’t have authority over agreement on modifications any more than FC’s). They were sued for breach (far more than once) because, again, they were ‘negotiating’ (not really, but YOU thought so), when they no longer had authority to do so after having SOLD the Note[s]. All You need is one single solitary ISSUE to challenge, to file a motion for rehearing, (expires after 1 year…at least in Florida) and where I’d start looking is the CLERK OF COURT’s PUBLIC RECORDS! You likely have MULTIPLE Quit Claim Deeds already recorded against the property, trying to clear up the CLUSTER they created w/”final summary judgment”(which NEVER should have been granted in the 1st place…NO Question of material fact can remain unsettled for FSJ Order to be Granted), because they brought or completed the action w/o standing. Chase sold nearly 97% of all notes to REMICS via MBS, and they were PAID for Your note, there and then.
Stating in a complaint that ANY Payment missed that was PAID is grounds for re-hearing. You shouldn’t take the mod. as it’s a way for them to cover their tracks. DO YOU THINK THEY’D EVEN BE OFFERING YOU A MOD. IF they Had Grounds to SELL Already? Guess again, YOU and Your Stuff would be ON THE CURB…back in JUNE! There ARE (not ‘were’) MAJOR Problems w/Your/THEIR Documentation; the fact[s] that:
1-You’re still there, and
2-They Are Trying to do a ‘mod.’ (which likely they STILL don’t have authority to “DO”), and
3-They HAVEN’T Moved forward w/SALE Procedures,
ALL prove the point.
You NEED to either look yourself, or have a professional LOOK at everything in Your file of everything they or the court mailed You…because LMS, there Are Problems, holes in their case big enough for Mack Trucks to drive through; or You’d be typing to us via the wi-fi at a hotel/apartment/McDonalds after having already BEEN displaced. They don’t ‘allow You to remain as an act of good will….<–Banks don't know the meaning of those last 2 words.
Steps to take:
1-Collect ALL Your mailings from them, the Court, any attorneys involved on Your or the C/A Suit's parts.
2-Sit down and put them in 2 stacks (YOUR action in 1, the C/A in another)
3-Chronicle Everything in Yours by DATE, oldest to newest. NUMBER THE PAGES from 1through the end. Get a big alligator clip and remove ALL the Staples. Clip the Pile.
4-Find a friend or neighbor who has a good SCANNER(which does a min. of 30 pages at a time) [Note:Don't take Your monster REAMS of document[s] to Staples/OMax/Off.Depot as they all now charge $.50+/-PER PAGE to scan to a zip/flash/thumb/SD drive and that's insane. Just paid $187.+ to do 1 'on the road' away fm. MY Scanner this morning. Don't waste money if You can avoid it. Find a friend, dedicate an hour and get it done. Once You HAVE it done, anyone You trust to help You can download it in less than a minute, OR]
5-Take Your document to them and SCAN it to a (preferably YOUR) computer, SD or Thumb/zip/flash drive AND:
6-Upload it to an online hosting website (like dropbox), then reach out to either professional FC Document Examiner[s] (of which I'm 1, but only for FLORIDA…no other state), or ideally A Lawyer, or Paralegal and give them some time to go over EVERY PAGE. Once they've FOUND the reason[s] You're STILL in Your House, You need to file that Motion for Re-Hearing, because 'newly discovered evidence', fraud, fraud on the court, and/or errors & omissions are all grounds for rehearing, in nearly every state.
I AM NOT A LAWYER, never played 1 on tv or radio, am not giving You legal advice and HIGHLY Suggest You do Your own research and secure a competent Attorney who SPECIALIZES in FC Defense, as I assure You…something is rotten in Denmark [read=YOUR Bank's Documentation, regardless of what the COURT RULED!] and it's there in bold faced type, however they know their hands are tied and A MOD. is their only way to have You waive Your right[s] TO that RE-Hearing!
Simply put, CHASE took bailout money. They AGREED in that 'gift'(of our grandkids TAXES being unfathomable) to reduce principal and REAL Mods to correct former error. They've SETTLED Many Of those C/A Suits over failure to adhere to the LAW, both state & federal.
Promissory Notes, are exactly the same as Written and Signed CHECKS. Once 'endorsed', in Blank, they are checks, made out to: "Pay to the order of CA$H", meaning the HOLDER owns Your purported 'debt'. When they SOLD Your note, could THEY be paid more than ONCE for that 'check'? Well? Does ANY Check remain 'redeemable' for any FORMER holder of IT? Did they not ALL get paid when SELLING IT to the next 'holder'?
Why would YOU as a purported signor of that now 'negotiable' (AND NEGOTIATED…meaning already SOLD) instrument, allege YOUR Further financial responsibility to somebody You — USED TO OWE, but no longer do, because they ALREADY GOT PAID?
That's what a mod. will get You…confession AIN'T good for the soul in this case…it's suicidal instead. Don't give away Your rights without knowing what they were…FIND out out how bad they messed this up, FIRST!
Shutting up now because I just keep getting further behind every time I get a new email posting from here! <–I know, shame on me, however there's only so much to go around and running out of 'me' stinks.
hth,
-mick
I think plan of action should be breach of loan mod. they also did a good job of keeping it hid from the court until they got judgement. I have EVERYTHING to show I was in loan mod, all cashiers check payments for months until they reneged, kept paying them waiting to see loan mod recorded in county, then they made some lame excuse and wanted me to go thru process again. I have proved to them over and over that I can pay but they don’t want me to.
mick, I would like to speak to you, is that possible?
I never did and never will understand why homeowner’s enter a loan modification. If any lender could (legally) do a loan modification they would do so wherein the paperwork would be properly signed, notarized and RECORDED. Noe of the loan mods that I’ve heard about or witnessed on my own, have ever been recorded. Mick is so hitting the nail-on-the-head. These bankstas don’t own the note and mortgage and servicing agents don’t have the authority to modify. Besides, clearly 80% of all mortgages are bundled up and sold in Trusts or REITS which makes it nearly impossible to do a loan modification since ALL owners of the Trust would have to sign as the “owners” of the note and mortgage. These loan mods were just a ruse to get more money (extortion) out of borrowers. They’re not out to help you save your house – they’re out to line their pockets!
yes bobby I believe you completely. I do not want to sign the mod. if chase has been claiming that fannie mae is the holder, how can they make a new agreement under their name. shouldn’t it be the investor. what can I do???
I’m here in Florida fighting Chase too In my depossission Chases attorney told me it wouldn’t do me any good because my payment wold be higher than it is. Then turns around and sends my attorney a link for a loan mod. To show you how stupid they are. The banks attorneys last question to me was am I prepared to pay this in full today ? I asked well how much is it ? He responds with after shuffling some papers around and says I don’t k ow My response to him was then I can’t answer your question if you don’t know My attorney got a big kick out of that
kent in attorney lango ” I don’t recall” LOL these attorneys have no clue what u owe. they do not want to get that deep. they have to offer a loan mod. but they are no good. I contacted my congress person although I really don’t expect too much there, but I am going to let her know how they have tried to bully me out of my house. Now they are nothing short of extorting me out of it. blackstone group has bought up in the area. rents are high and they are just looking for another home to add to their securitization. I have known that for a while. they knock on doors around here asking people to sell. I want to believe like mick said if we have managed to stay in our homes as I have in mine 6 yrs already fighting, there is something the banks don’t have. I know standing is one from the complaint, also the day that they claim I have not paid them from is seriously off. I am in the fight mode again, not giving up yet! don’t let these POS attorneys intimidate you. that’s how they operate, the scare tactic like you need them. Just the facts officer and I HAVE PLENTY, whether they will do any good or not remains to be seen, but Me, myself and I are going to the judge with them. any attorney I ever had for some mysterious reason did not want to let the judge know how bad Chase has worked me over.
They have us divided strong credit vs those deadbeat subprimers losers cant pay bills. All of us fighting mortgage fraud stand alone. We dont need to occupy and sleep in park with signs. When everyone wakes all we have to do is collectively stop paying mortgage and slave debt.
You see we are missing and have left what makes us strong like IMS is saying slave debt in our livingrooms. Watching black vs white dem ve reb gay vs christian womans rights vs abortion war vs peace they gave you an identity whatever you believe they keep you divided.
Remember little house on the praire. Thats what needs to be a “kononia” of righteous community minded individuals prospering together not being divided.
Co-op small land with cabins or old trailer park with trusted people fix em up barn raise sheds together fix each others plumbing generate common funding for overhead live simple. Drink beers bbq campfire and avoid the man in blue DUI and stumble to you cabin, lol but this is what has been stolen. Occupy your mind, live, love, give. If this place existed were good people you could trust, real friends join together and go back to old school community I would love that. I GUESS that is where the word Bohemian came from. Google that, bohemians said F””” this and made communities and did creativity and jammed with each other broke bread together That thought though would be labelled ” losers” today.
yes the banks have broke down communities and destroyed lives. all govt wants to control us , cops, courts and all the other pathetic powers that be. they are the losers, insecure in themselves and their messed up lives so they want to mess up everyone elses.
Two words…. Qui Tam.
I also found out that the first payment I made to chase back in 06 was not on their record. why is that, but the loan mod payments that they reneged on, they tried to combine to make up the old payment, but I have all the paperwork where they told me I was in a trial mod, plus the permanent loan mod that I signed and returned that they reneged on and it is all black the paper as if they were trying to conceal it from my files with them.
I go back to Bloomberg article that was a leak from the powers that be if we want to get deep. It described how there has to be a narrative that allows a bubble to grow with pure belief where no one questions anything even when truth is right in front of them. They were talking about China as if it couldn’t happen here but bubbles in general. Doesn’t matter who or why as long as people don’t think and don’t react.
HAPPY Thanksgiving Everyone,
answering fm. the top this time, caught in rural Hades w/limited wireless & having to prepare now a last minute motion for continuance (imagine this, Mag.Judge says [On 11/17…”Evidentiary Hearing GRANTED, March 8th, 2016 1pm”] Then Last night, get notice in Mail, “FINAL HEARING Granted, 1/12/16, 0900” Latter fm. Circuit Ct. Judge, Superior to the ‘FC Court/Mag.Judge’s decision)…I wonder who they’re going to SERVE NOTICE ON, FOR FORMER PLAINTIFF’S COUNSEL(as former plaintiff’s counsel has been disbarred & dissolved in FL., since 06/14)? Also have to file subordinate motions for subpoenas, complete another document examination, trip to office max for lots of copies, and 2 more examinations to complete just to make things fun on top of a ‘statement of transcript’ (highly unusual circumstance when court reporter was absent like Ham v. Nationstar, where orders were issued verbally); How fun can 1 Thanksgiving be? So much for ‘Family’ While we battle for their inheritances. Will be fwding samples to those who provided emails soon as I can,
Hammer, this has been a long term agenda since 1913 w/the advent of both the IRS and FED compliments of our infamous POTUS, W.Wilson. Back in those days when You couldn’t keep Your pants on, they didn’t impeach You for lying about it, they took the COUNTRY to the CLEANERS! THEN came FDR, brainwashing the masses that gov.org was the end all and be all to Every-Thing, capable of curing ALL Woes, then came LBJ w/a ‘war on poverty’. The department of Education’s job for the last 5 decades has been to DUMB DOWN both the students AND the TEACHERS, and finally the Teachers(Professors) OF the Teachers, to assure a brainwashed electorate/masses who are just smart enough to log on to facebook, twitter, and publish lots of selfies, however not smart enough to reason, use logic, and examine their surroundings and dilemma honestly; smart enough to be good workers, never smart enough to challenge ‘Authority’; 2 cents proffered. & FYI, there Are ALWAYS those who both THINK, and React….because IF, “IT” happened AnyWhere before; “IT”, most certainly CAN (And Probably WILL) Happen Here.
There are NONE so BLIND as them who CHOOSE not to SEE.
Praying a safe and enjoyable holiday to You all;
-mick
Pal, its about stripping our property rights permanently and as long as the courts go along with it, we are in trouble. if big banks like chase and real estate investors like blackstone work together, they will have all of America renting and not owning.
& w/75,000,000 MERS Securitized Mtgs out there already, they’re well on their way. Eventually the BANKS rule the world which is how they always wanted it.
YOUR Posting is exactly right and WHY Every FC, & FC Defense Lawyer is leaning over the edge to hear the FLSC’s Opinion and final decision on “Bartram”. as EITHER Statutes MEAN something, and were written by the legislature for a specific PURPOSE, or they don’t, and the judicial branch is out for anarchy as much as the Banks.
EG: WHY even HAVE a Statute of Limitations, for FORECLOSURE ACTIONS, AFTER Acceleration, AS A LAW, when the [purported] Lender/Note Holder/Servicer/Mortgagee, can simply, AFTER FAILING to prove their case, RE-File, moving forward to the first month Prior the S.O.L.’s ‘expiration’, claim default from THAT DATE forward and re-sue You repeatedly, the number of times there are PAYMENTS REMAINING on the Mtg./Note? Since WHEN is a Mortgage/Securitization/Promissory Note on a piece of Dirt &/or structures ANY DIFFERENT than Any OTHER Installment contract? being sued, for the next 30-40 years, by lenders who can’t get it in a pile with a backhoe, with HEADLIGHTS is about as exciting as eternity in Hades (but THAT is what the Bank Lawyers are arguing, along with “but they’re gonna get a FREE HO– USE JUDGE!”
“…the concentration of capital and the growth of their turnover
is radically challenging the significance of the banks. Scattered
capitalists are transformed into a single collective capitalist. When
carrying the current accounts of a few capitalists, the banks, as it
were, transact a purely technical and exclusively auxiliary operation.
When, however, these operations grow to enormous dimensions
we find that a handful of monopolists control all the operations,
both commercial and industrial, of capitalist society.
They can, by means of their banking connections.”
-Vladimir Ilyich Lenin
Now simply substitute GOVERNMENTS and Federal GOVERNMENT for ‘capitalist’ and ‘capitalists’ above.. We Already Live in a Socialist State. And All the animals on the Farm are Equal; it’s just the Bankers (read=PIGS) and Government are a little (no, actually a LOT) ‘more’ equal than any of the rest of us. The collapse of The USofA becomes painfully predictable when the rule of law, becomes segregated to “Us and THEM”. WHEN the masses (even of homeowners) discover the reality, which ain’t hard now on the internet….the system collapses as nothing is perceived to any longer have ANY VALUE which can be reasonably secured by “OWNERSHIP”.
thank you for your comment Mick,I too,am having a thanksgiving full of “what do I do” I have been given a loan mod that further drives me in debt deeper than the bank already has. I would have filed bankruptcy, but I have a rental property and have no debt than my mortgage so it just has not made sense. if I take mod, they will reverse judgement which is the only positive I can see in taking the mod. no more lawyers, cant afford them. the mod payment is 45% of my income, manageable in the bank’s eyes but not mine. I feel I am being extorted because if I don’t take mod, they will hold foreclosure judgement. this is what I get for trying to work with the bank for going on 7 years. any advice is appreciated. don’t really want to sign the mod.
yes this house that used to be a home holds no value to me other than keeping a roof over my head till I can find somewhere more manageable financially to live. when “anything” has no value to a person, they need to let it go. ownership is a big word with a “home” but not so much with a “house”
LM,
I think You really need to re-evaluate WHY You consider a ‘mod’ a good thing, versus simply striking a ‘cash for keys’ deal as it sounds like You’re “Over” the whole battle? Attorneys aren’t always the answer and sadly the bad 1’s give all the good 1’s a bad rap.
I would Check to find out where YOUR AG’s office came down on the 49 AG’s v. BoA (& ALL the OTHER Mega-Banks) for all the violations they ‘settled’ on? IF Your mod, was being negotiated (or forbearance, or ANY other type ‘negotiated settlement’) WHILE Your FC was being DUAL TRACKED….they owe You Big time, although those funds have typically been disbursed to the AG’s Offices.
IF You have dramatic equity in the house, selling might be an option, short sale if not, and IF they have bogus docs, FIGHT, FIGHT, FIGHT! Because they can’t PROVE Standing means they don’t/didn’t & might likely NEVER Be able to PROVE their ability to FC on YOU?!
Good (& bad) news is that after 7 years (like us) SOMETHING is definitely WRONG.
IF YOU don’t know, and former attys don’t know WHAT that ‘something’ is,
You need to figure it out before agreeing to anything, or making ANY plans toward any type of ‘exit strategy’. IF they messed up, how’s it YOUR fault?
Well?
Just sayin’
HTH,
-mick
Furthermore, as we all grind away in our lonely solo wars and share the battle scars, I would like to step back and get this thread to look back.
Over the years through sharing tactics and personal stories I have heard little bits of strange occurences prior to foreclosures. I have heard countless people describe bad neighbors causing pyschological harm. Calling the town, calling Child Protective Services on kids. Several people were not behind on payments just yet and tried to sell the homes and the Realtors purposely held back the property, would not show the property, blew the contracts up. I also recall someone saying they could swear a shill had put contracts on the home and bailed last minute just to cause harm.
Can we all start to meditate if the possibility exists that the banks had help from foot soldiers early on and if your friendly local yocals from town, were in on the secret of the bubble. Investigate if its at all possible and this may be why a statement like Trev makes us sit up a little bit. Could this all be for more than the money and greed?
ooooo ooooh ooooh… red hot red hot…
It IS called human hunting…
‘T.I.’ – targeted individual.
I will share what I saw/experienced…you are bulkseye on… they watch us….but now….the hunter/abuser is being hunted…as this board will confirm/nod uh-huh….there is always a bigger dragon.
Some are both smaller AND bigger… 😉
do not give up…..watch Fight Club.
then Lawless.
I ♡ you guys/gals….we got this.
-‘zilla
Thanx IMS, ok thats a valid take. Im wondering if Trev is hitting something deeper. Like Freemasons? And their involvement in all this. Like is any single person thats been foreclosed a freemason ? I think not, im sure your lawyer and judge and mortgage guy is. TREV EXPOUND WISE SON
sorry trev I mean the properties you still own.
Pal, in real estate lango, what trev is trying to say I believe is that the properties he owned were “desirable” in the real estate world meaning the bank knows they can get their money and then some mo money. same situation with me. their greed does not end!
what these banksters did was destroy the moral compass of America dreams. the one thing that most of us are most proud about, owning a home and they have and continue to try to destroy our property rights and as long as someone like Obuma is the commander in chief, nothing will happen. it is one big govt conspiracy imo. TRUMP 2016. democrats and the banksters in bed together. my neighborhood is full of blackstones rental properties where they have bought up foreclosure and guess who holds the mortgage on the properties and their contents. JP Morgan Chase. In florida when a property is not homesteaded, it brings more property tax revenue so all the govt gets paid. that’s why chase wants my home. I have a loan modification, but it says that if I were to ever rent out my house, I would void the contract and be immediately in default, in other words ” Do as I say, not as I do”. yet Chase and Blackstone are in bed together renting out my area. Scumbags all of them.
Mick good morning. I gave you my email address can you send me the sample of what we were talking about ?
I’ve been fighting my foreclosure suit for seven years. Back in February my wife tried to commit suicide. So I understand the stress. That’s what they hope for that you will give up. DONT !!
Anyone after sheriffs sale getting any deficiency judgements? If so how long after the sheriffs sale did you get notice?
It’s the fact that she never held that title. She was a document processor, not a VP. See Kennerty depo from Geline where he describes her actions.It’s all forgery. Affirmation without knowledge.
I watched “The wizard of oz” the other day to get in the mood. Everybody should watch “The Secrets of OZ” to realize how phony the money system is.
Then you had the CA DOJ prosecutor that had Chase in his sights and he was benched before the big $13 bill settlement / tax break. They’re getting away w it imo because they’re controlling the story and have us arguing on the sidelines. Kind of like the football game in the MASH movie lol! Just popped into my head!
Rin tin tin exactly! I have letters, data from Chase/PMac not only telling me but city officials black is white and they’re still threatening me w jail! We all gotta read Alice In Wonderland over the holiday to stay sane.
“A Clockwork Orange” or “1984” are FAR More Appropriate for depiction of what’s REAL in our world today.
Hamstring-I tend to agree. Why else would the BK trustee lawyers (DOJ) sit on their hands and let it happen? False claims right in front of them and they torture YOU. The guy at BlackRock who handles the Maiden Lane assets sure ain’t talkin’…..
Trev way to stay in the fight take take a breather everyone time to pop their bubble !
The stress is starting to get to me. how long will this go on?
@rinnie mini we’ve gone thru MERS, sig is all that matters, non jud’l, securitization, bk black holes and the deadbeat / free house worm hole u and others keep pushing! It’s the fed and every politician, judge, lawyer, real estate broker, investor that corrupted everything to steal our homes and keep us trapped.
Hey Der Ho Der. usedkarguy here. @hammer-I don’t know WTF you’re talking about. See my posts at rogerrinaldi.wordpress…….
The only black hole is the one the oney comes out of at the Fed.
re “losin’it”, hanging out in BK Court while the pressure builds. Still in the house of course. Putting together another fraud suit as there is no jury trial for a foreclosure. The Wolff case is on my reading list right now. Lots to do.
Happy Thanksgiving everybody!
great to hear you are still in your home!!! we are too!! in court for 2nd foreclosure. They seem to not be able to come up with discovery a 2nd time now? 1st forclosure apparently they had the note and mortgage? this time the mortgage is lost? and they have an affidavit signed which we all know are signed by document mills, who send a robo witness to trial who we know has no personal knowledge of mortgage. its going on 6 years our fight since obamas hamp modifcation started to steal homes from around the country. still not understanding the undated , endorsed in blank, with a robo stamp os joan m mills?
YES happy thanks giving everyone, we have alot to be thankfull for
The hone MetLife Home Loans & American Home Loans Servicing 3 (to a higher power)….my homes were my ‘plug-in’ points if you will….i am a superconductor….trying to be a super conductor…a leader worth following…scars an all.
My 2nd home stolen was ON the focal point of earth’s ♡ chakra…..litterally the center of the quartz/diamond of this planet….the city of Boise expanded from 1018 North 15th Street…. the Freemasons knew this….in 1911…they knew this.
Some (on the darkside) were willing to bet the farm….to steal the house (s). So they did….but they forgot that the sword of the lord cuts in both directions….the sunshine pendulum they never saw coming….i share these details as the drama plays out with its scripts….characters….heros & villians….fortunes & foreclosures…..
I have very deep/wide top of the pyramid contacts….and am prepared to call upon those willing & able to assist. should you join me….KNOW in your ♡/♡s you will not be left in the cold….again….we are not alone…and the offenders/guilty will fall…are falling….let the truth rise…let the light *level scales of justice* be recalibrated.
so it was written…so it shall be.
Ok im intrigued. Give me more. 🙂
go Trev.
Hello my fellow bravehearts.
Despite rumors to the contray, I am alive and well…calling $1them like I see ’em…calling them out when I need to.
Still in this dogfight….leaning hard on powers above….to help w this (our $#!# show from below).
I am lobbying for removal of a Judge….here in Idaho. Christopher Bieter *mayor’s brother*…..runs in the family….. in my 16 yr experience w both..not to be trusted for any reason….ever.
I am also posting to invite you to a limited Class Action (Qui Tam) suit to be filed in Ada County, Idaho… on behalf of a Class (you?) who may have suffered financial loss as a result of Fraud/RICO/Breach of C/Discrimination by Ocwen Financial, CEO + BoD and it’s predecessors American Home Mtg…et al. It will follow in the path of CFPB’s $2.125B ‘order’…& DW’s CA Class-Action suit…recently settled for $150m.
I will limit the suit so that settlement will make a material impact toward your losses…$1,350 would not cover my storage bill….let alone 10 yrs of equity….in a small but fine 2bd 1 bath in Hyde Park….the neighborhood they now have a tv show depicting….
If you care to discuss this…or a 2nd planned suit…Ltd. Class-Action….against MetLife Bank…CEO + BoD…please reach out.
100 seats open on each.
Filing will have Fall/Winter ’16.
Fight on!
godbless you n yours this Thanksgiving/Christmas/Hanukkah Season of light..we shall overcome.
Trevor David Hitchin Kaufman, mba
501 E. 44th Street Trl#4
Garden City, Idaho 83714
United States
email: trevor.hitchin@gmail.com
twitter: Indigobro
tele: 208.703.9525
I am not an attorney, never want to be one…this is not legal advice…just an invitation to a justice party from a fellow survivor/fighter.
RSVP
see you (& them) in Federal Court.
Keep the faith!
1♡
CPWBTDHK
Trev
I second David Black. Amen and Amen!
Mick, the fraud is known as every presidential candidate claims to be against Wall St. The percentage doesn’t matter thry can’t be trusted no matter what magic research u come up with. It’s homeowners that fought the deadbeat myth that has got us this far. If anyone thinks Trump or Clinton are the answer will never learn.
amen amen amen amen
Foolish, foolish thinking if you think that it’s been the homeowner’s that have made any progress thus far! If that is the case, name me just one federal law or state law for that matter that represents any type of success in stopping the banks!!!! If we are to succeed, then those that created this mess (Wall Street and the Banks) then we either have re-instate the Glass-Steagall Act or re-write it and get it passed. You think homeowner’s have the capability of doing that? Hell NO. It takes a cleaning out of DC and electing those who will do the right thing and put this country back together. Someone who’s not ‘obligated’ to Wall Street or funded by the banks and who does that leave? Who is out there who isn’t already accepted donations for campaign funding from the thieves in DC? Who has more money and net worth that doesn’t give a Da** if he gets paid the $400K plus salary? I, for one, am tired of electing those candidates who, before they step out to make their first speech on the campaign trail, are already a begotten slave to the cronyism in DC. Oh, we’ve made some points in the courts as far as small wins, but that’s not enough. Compare those to the vast amount of foreclosures, etc. since 2006-07 and the number is minute. We had a chance once with the Occupy movement, but we dwindled in support. If we really want to make ‘change’ we need to stop with the nonsense talk and learn to walk the walk.
Mick, rrrini are u guys in a black hole? Your like 3 yrs behind and still trying to blame homeowners and make urselves out to be saviors. Give it a rest no time for your distraction.
hammerhead, that is their only defense when you get close to exposing the truth: you’re frivolous, vexatious, and your attorney is persecuted by the state bar. Watch how many attorneys they line up against you. I had them burning over $2500/hour for three hours once.
They could care less.
hi roger, how is your case rolling? i am in my 2nd foreclosure. its 1 year old already. still waiting on discovery. I am the one who has joan m mills as robo stamper too!!. funny thing this foreclosure they lost the mortgage but they have the note? 1st foreclosure they had both? signed affdavit that they lost the mortgage? yet the person that signs these are usually from document mills with NO personal knowledge.
keep on keepin’ on there Mick, we’re with ya. the banks won’t stop, ever, until there’s precedential decisions which make it unlikely banks will prevail using fraud.
Theyre trying to sweep us under the rug
Hammer time. Ok thks. I been meaning to call u. This is extortion!
Mick , I sent you my email address and I asked my attorney about finding out why about the dismissal and she told me they don’t have to say and doubted any judge would make them tell why
Hi lms you may want to send demand letter on their breach and bad faith. You could include counter offer while demanding clean title and verification of debt. Otherwise u will take legal action and report to authorities. I’ll send link w examples and call u later. I’ve been trying but putting out fires on my end.
Can someone offer their opinion on re negotiating a loan modification where the bank has put me deeper in debt than the summary judgement did. I do not want to sign loan mod. Should I ask court for mediation to re negotiate.
Mick this is my email address. kenelad@aol.com
Hey Mick is there a club of u guys who decided to call jus whiners if we call out corrupt lawyers and judges?
Hammer, It doesn’t matter if there WERE a ‘club’, I’m about getting things done, not whining. Calling out a Corrupt Lawyer is something I’m famous for. I was on the phone to a guy named Bill McCullom in 2008 regarding all this “BS” (he was our then AG in Florida), because while not being a lawyer, I’m smart enough to see fraud on the Court staring me in the face. It took 6 more YEARS to Get David J. Stern, PA DISBARRED. So unless You’re willing to sign on for 2-4-6 Year FIGHTS, while incorporating JUDGES, about a dozen Defense Lawyers, and collected depositions demonstrating Fraud, from the top to the bottom (and visa versa), You WON’T Prevail.
The Florida BAR when acting on complaints makes Snails appear to be the Space Shuttle for speed.
SAME Can be said for the Florida Judicial Qualification Commission. Like the FDLE, FBI and ALL FEDERAL AGENCIES, unless You hand them ALL the research, ALREADY DONE, and a Ready for Grand Jury Prosecution, (so they literally have to do NOTHING….heaven forbid, GOVERNMENT EMPLOYEES with 6 figure salaries, being ASKED to do REAL WORK?! OMG, the HORROR!) You can expect to be kicked to the curb, REPEATEDLY. Please don’t think this is being a ‘smartazz’; wasn’t intended that way at all; however after a Governor’s Emergency Executive Order to sustain a town, compliments of my research and 5 attys’s/firms now dismissed/disbarred/fined/sanctioned compliments of a little PITA named “me”, I have zero minutes remaining in this life for those who want to whine, here or anywhere else vs. Getting to Work to reverse the tide (of banks) which will never stop until we (and our progeny) are all penniless slaves, indentured to them forever. 95 out of 100 simply walk away. THEY are the segment we’ve done NOTHING about. Probably 90 of the 95 have fraudulent documentation, but we’ll never know.
Mick – I can wholeheartedly see your point of view. Being in the banking industry all of my working life (44 yrs +) and being in a foreclosure case w/Chase since 2007 I am not making much headway to getting the case dismissed. I was pro se until 2014 (the first 7 years) and now have an attorney. Still going nowhere except for a lot of hearings set and then cancellations. Judges are corrupt, courts are corrupt… No matter how much documentation presented shows an invalid debt, robo-signing, fraud…it doesn’t matter. I do have hope, however, if Trump makes it to the Whitehouse and starts getting rid of the cronyism in DC. I already got one foreclosure dismissed w prejudice on another property and I plan on the same here but planning and actually receiving it are two entirely different paths. The court readily recognized the fraud with Citi on the first case; but not so easy this go around.
Mick , we’ve already given affirmative defenses in fact there were 2 trial dates that were set in June and both were cancelled. I just find it strange that’s it was dismissed. Now we have a statue of limitations issue In Floruda it’s 5 years. Now the bank has new attorneys. So I guess we will see how that goes. There’s still a pending motion that our attorney filed and from what I know until it’s answered they can’t even file another suit anyway
Kent,
When Cases are Dismissed, it’s because there’s about a 98% chance they found FRAUD in their own Documentation, or holes in it’s timelines.
I’m sure Your attorney[s] are waiting for a more concrete opinion on Bartram which is good (regarding the S.O.L. on FC’s) although none of us has a read on how the FLSC will rule.
IF they determine to allow new acceleration after former acceleration (simply moving to the next available months’ payment that is within 5 yr. S.O.L. and pursue all other payments prior the S.O.L.’s installation/tolling) which is likely, Your attorney[s] need to know why that dismissal was proffered. If there are fraudulent signatures, improperly filed documents, standing issues or missing chain of title issues, I find them. Email me, I can send You a sample report. You’ll be impressed. More importantly, Your Attorney[s] will be impressed.
-Mick
Mick,
Please email me Sample Report, benhoward321@yahoo.com My case was dismissed, and it was beyond the (5) year Florida Statue of limitation, I am aware of the Bartram case, and the Florida Supreme Court, pending action, if they rule in favor of the banks, how big a problem will that be homeowners? Thanks Ben
Ben,
Will reply directly 2nite when more time is available. Simply put, if they (FLSC) rule in favor of the BANKSTERS, in Bartram, Former Defaults be danged, ALL Remaining Defaults (starting at the oldest monthly payment default prior the 5 year BACKWARD S.O.L. is VIABLE place to start for NEW and REPEATED FORECLOSURE PROCEEDINGS, for virtually EVER. This crap started in 2000 +/-. On a 30 yr, fixed, the S.O.L on that FC Series of Actions would toll in 2035. Until then they would be able to file, repeatedly against You, over and over and over, until they finally get their feces high and tight and eventually prevail. Because eventually You either give up, DIE, or they prevail…if they get an eternity of ‘do overs’ (which was their oral argument in Bartram, and they REALLY Believe that….NOBODY gets “Free Houses”… but them of course).
YOU, Ma’am have a VERY GOOD Judge!
You NEED to find someone (even if not an attorney, a forensic loan auditor, or chain of title/foreclosure documents examiner) who can determine IF Your Plaintiff’s Lawyer Isn’t Wanting to come to Your Neck of the Woods for FAR More than it just being unattractive to Her….? She may just KNOW they have problems with Your Case. I’d offer to help You but I know NOTHING about KY Foreclosure Laws.
Yes sir I do:-) & yes there’s a lot wrong,she submitted forged documents to the court,I have a witness statement from realtor present at signing/closing of my loan,Nothing has been recorded ever,default was manufactured by servicer over forced placed flood ins never needed,chase is SERVICER only,I have never had loan w/them.bought my 1st home in 2008, chase became servicer of loan 2-09,,,its a living nightmare
“Yes sir I do:-) & yes there’s a lot wrong,she submitted forged documents to the court,I have a witness statement from realtor present at signing/closing of my loan,Nothing has been recorded ever,default was manufactured by servicer over forced placed flood ins never needed,chase is SERVICER only,I have never had loan w/them.bought my 1st home in 2008, chase became servicer of loan 2-09,,,its a living nightmare”
Angel, Every THING You stated in the Reply above, is in my opinion (as a non-lawyer, giving a non-legal opinion, which means it isn’t even worth that proverbial “2cents”) absolutely challenge and should be alleged and thereafter proven in an evidentiary hearing! IT’S NOT a “living nightmare” regardless of what You assert….I know tens of thousands who were foreclosed on who’d LOVE to have had ANY of Your above issues to contest, where the florida rocket docket never allowed them more than 1minute30 seconds to present their case! Stop Whining and Either do the research to Find a Good Attorney who’s willing to fight FOR YOU, or put on the whole armor of God, get some knowledge (because it’s out here all over the internet), and get ready for the Fight. Remember, aside situations like YOURS (a respectful JUDGE who KNOWS they have all kinds of flaws in their paperwork, and he’s simply waiting for YOU to RAISE those Points in Motions for Dismissal, lack of standing, fraud on the Court, failure to state a claim, etc.), most folks are in front of bias Judges, being told THEY have no case, and to GET OUT OF THEIR OWN HOMES, because: “Nobody (but the banks) Gets a Free House”.
Find a local LAW SCHOOL and go see one of their Real Estate LAW Professors, asking who they’d suggest of their students who could help you, Pro Bono Firms that would help You, folks that He/She TAUGHT who are now out on their Own, and GOOD, but still inexpensive for the right client….do Your Part in Your Own Defense!
You should look in to David Ham v. Nationstar, Florida 1DCA, Opinion published 5.12.15, regarding the forced placed insurance issue. I doubt Your Courts would look to another states’ decisions, however, there HAVE TO BE other cases, where folks had a similar act conducted by YOUR purported “lender”, in YOUR State. I’d practically Guarantee it! Your Appellate Court(s) have already, probably ruled on EVERY ISSUE You cited above, reversed and remanded, for involuntary dismissal, Or VACATED the former judgment[s]. That’s called CASE LAW, and Your Judge NEEDS some, cited by YOU in Motion(s) for dismissal, lack of standing, manufactured default(s), fraudulent documents, nothing being recorded, etc., etc. Until an Attorney OR YOU, pro se/pro per put on the armor, Your big girl pants, and walk in to Court asserting Your RIGHTS and their Lack of a Right to Pursue You, or this ‘purported’ debt. Make THEM Prove EVERY THING. Since they can prove nearly Nothing, move for dismissal (or simply put, that’s what I WOULD Do)
Hoping this didn’t come across to harshly, & something gleaned above helps You
(as I’ve met lots of ‘whiners’ who claim “it’s a nightmare” but still want somebody else to do everything for them, for their own defense, rather than paying for a competent attorney who could WIN the Case for them Inexpensively, based on their documents and facts of the case).
Respectfully,
-Mick
Mick,,I’m in no way whinning,& I have raised all claims in motions I’ve filed:-) I’ve filed motion to dismiss w/predjuce due to no standing,fraud on the courts,false cause of action,forged/altered documents,I have DONE all you’ve mentioned except talking to law school,,,that has entered my mind,as to a ”lawyer” did that to,had one for 2years he did nothing but promise a lot while changing firms,3 in 2yrs,he did nothing,I fired him…been pro se now since 2014,I practically live at local library,& no I don’t think you’re coming off harsh,your passionate about this topic:-) & I VALUE all info I can get….but yes sir I’m fighting HARD:-)
Angel,
OK, Now I DO FEEL Better!
(1 for not offending You and
(2 for knowing You’re a FIGHTER!
I also feel worse because You got a clown w/JD behind his name who rode Your gravy train for as long as he could.
That said, the law school Idea isn’t original, I did it years ago when suing a municipality over elections, voter ordinances, and an unqualified candidate, although the suit was primarily around failure to produce requested public records.
The “old salt” emeritus Professors at the law schools, invariably not only know the PERFECT Lawyer to help You, they know the Judge[s], the Plaintiff Counsel[s] and more. They can (and usually will) Hook You Up with a GR8 Counselor.
Just remember when talking on the phone, in person, via email, all or any initial method, keep it VERY SIMPLE. Point out the MOST Substantial issue[s]. Seriously GOOD Lawyers are extremely protective of their TIME.
K.I.S.S.
WHO-What-Where-When-How and WHY (only the last if he/she ASKS).
Have ALL YOUR DOCUMENTATION in CHRONOLOGICAL ORDER from NEWEST to oldest, make a complete copy and give them the record copy You make.
Ideally, present to them via email so they can digest and have good questions when You finally visit them. There are Many sympathetic (AND GOOD) lawyers who are willing to either take on, or make suggestions to, Serious FIGHTERS that they respect for never surrendering. If not pro bono, they’ll usually offer You a dramatic discount as You’ve (1-been burned by a moocher w/JD behind the name and 2-) Already done a significant amount of the research necessary for them to move forward, ideally, for success in/on Your behalf. They will likely want to know Your ‘exit strategy’ so have one. IF You believe the debt is valid, (excluding the F.P. Flood Ins.), mediation might well bear fruit, just remember he/she already KNOWS They can’t be trusted and You NEED somebody who will take the time to read Every Word of any ‘modification’ agreement.
Shutting up now,
-mick
Albertelli Law is another favorite of Chase Bank in Florida, total liars. They don’t even know what document goes with what case. Total Thieves.
The bank originally used Ronald Wolfe and the got bought out by Brock and Scott a little over a month ago. Brock and Scott had the case dismissed
I googled their name and nothing came up. Mine has been going on for 7 years
Well my case was dismissed without prejudice and now the bank has hired a new law firm Shapiro and Fishman has anyone had any dealings with them ?
Yep, investigated by the Florida Atty General office for fraud and robo signing….to my knowledge the investigation is still showing as ‘open’. Be mindful and do your homework/research. This one is a real bad one!!!!
On what grounds was Your case dismissal? shapiro, fishman & gasche is a pack of sharks. They’ll lie, cheat and steal, right in front of Your Judge, so leave Your wallet in the car. Never let them near Your home….when they leave even Your dog’s pregnant! You need help looking at the documents they submit, they’re masters at submitting fraudulently prepared foreclosure documents, and again, don’t turn Your back on them for 1 second.
The law firm that the bank was using was bought out 2 weeks later the new law firm dismissed the case They never gave a reason. I’ve been fighting this for 7 years
“The law firm that the bank was using was bought out 2 weeks later the new law firm dismissed the case They never gave a reason. I’ve been fighting this for 7 years”.
Kent, You’ve been fighting ‘what’ for 7 years? The new law firm dismissed, that means the former law firm had a ‘cluster’ which couldn’t be remedied. IF they haven’t re-filed, You have (again, not a lawyer, never played one on tv or radio either, and this isn’t legal advice, just what I WOULD Do if it were ME) it seems to me, an excellent case for slander of credit and title. They don’t have to give a reason, they can withdraw the complaint at any time prior Your submission of answers and affirmative defenses. After that, it gets complicated. Who was the Former Law Firm? (& fyi, they don’t normally get ‘bought’, they usually get ‘acquired’, as in multiple principals are being investigated, disbarred, whatever and the firm sees transfer of all assets/clients/files to another, more ‘reputable’ firm to be a ‘timely’ and appropriate decision. The LENDER has to authorize the transfer and the ORIGINAL Lawyers likely needed to be the ones filing for the dismissal; without a motion and an ORDER from the Court recognizing the new counsel, and dismissal of the former counsel, the new attys/firm couldn’t legitimately do anything?
IF they re-filed, compare the original complaint to the new (&/or Amended complaint[s]), because there are (likely) defenses for You in the original that they have (likely) attempted to remove w/the re-filing.
Just my 2 cents,
-mick
We’ve been fighting the foreclosure suit for 7 years. The banks former attorney was Ronald Wolfe and Associates. Aka Tampa Default Law Group. The bank hasent reviled yet and there’s a pending motion on our old case for reimbursement of attorney fees and cost
Kent, it’s FLORIDA Default Law Group and they were shut down amid
Your boy “Mr. Wolfe” is found here:
http://stopforeclosurefraud.com/wp-content/uploads/2010/09/WM_FULL-DEPOSITION-OF-FLORIDA-DEFAULT-LAW-GROUP-MANAGING-PARTNER-RONALD-WOLFE.pdf
&
http://stopforeclosurefraud.com/wp-content/uploads/2010/09/WM_FULL-DEPOSITION-OF-FLORIDA-DEFAULT-LAW-GROUP-MANAGING-PARTNER-RONALD-WOLFE.pdf
http://www.palmbeachpost.com/news/business/two-years-after-foreclosure-probe-launched-investi/nQBML/
Beginning of the End:
http://beforeitsnews.com/foreclosure-gate/2014/04/former-foreclosure-mill-offshoot-ronald-r-wolfe-workers-2446138.html
And FINALLY, You just need to take the time and compare Your complaint[s] and motions filed by FDLG And Current (bank) Counsel and square them with THIS:
http://www.woodwardlaw.com/
FDLG was a train wreck. I saw more than 1 of their complaints, and they replaced Stern as ‘worst of all’ (even more so than Shapiro-Fishman) for a few years. YOUR Dates match up sufficiently so that I’d bet a dollar there’s foreclosure document filing/recording fraud & likely mortgage foreclosure fraud in Your case (& I’m not a betting man, at all, ever).
I can help. (didn’t know You were in Florida until You posted ‘Tampa DLG’).
You need an examination of all documents in Your case, from acceleration letter (prior Complaint Filing) up to and including Your motion for fees and costs; You can contact me at: petemichaels1@comcast.net
anybody had any contact with Albertelli law in florida, another bunch of hood attorneys, filed all kinds of erroneous docs that didn’t apply to my loan, plus the default date on the complaint was wrong. I was in a forebearane but no attorney I had would bring it up in court. do I have any grounds to get judgement reversed.
Kent, I noticed we both have the same legal counterpart from TAMPA. There is many good things to learn from prior experiences these folks acted on ……. contact me if there is anything that we can learn more on this FUTEX@hotmail.com
Hello yall:-) well recent events,filed motion for status conference,went to court,the law firm against me sends yet a new lawyer,not same I’ve been dealing with,makes about 16lawyers now I’ve dealt with from plaintiff,chase..well judge ordered mediation,,,my question is am I required to have a lawyer with me during this?& what am I to expect? THANK YOU in advance for responding:-)
I am not an attorney and this is not legal advice.
Take an attorney with you. Or someone with extensive mediation/law experience. Often times at mediation (I am not familiar w/ real property mediations), a settlement is drafted. You will want someone there to review it.
Thank u:-) &yea plaintiffs lawyer said they’ve went to offer settlement but our figures are far apart?& they HAVENT offered a cent,,,she lied to the judge on that.
after this huge RE MORT FRAUD/REAL ESTATE TORT committed against you the JUDGE order mediation?.. for what?. are they going to settle with you and pay you all Pain and Suffering plus mental anguish?…
most of these crooked low life lawyers are DEBT COLLECTORS Themselves! and they have been filing LIENS on PRE FORECLOSURE Home Loans.. this way they can file ANY BANKS NAME on an Unlawful Detainer in court and steal the property! YOU SHOULD WRITE YOUR OWN MEDIATION TERMS AND GO WITH SOMEONE! DON’T GO ALONE! make Them PAY YOU FOR ALL THESE YEARS OF TORMENT , PAIN AND SUFFERING! hope all go well.
He shut the plaintiffs lawyer down,every time she spoke against us,he ordered mediation because of all the exhibits I’ve submitted read a complete different story than their claims,she said she was going to file motion for summary judgement,he said he will hold it in abeyance til mediation is complete…all his harsh,strong warning are directed at plaintiffs counsel,,he told them,I feel we have a great judge,,,he could of already ruled but is doing his best to see we get a fair shot at this:-) &he STRONGLY suggests we get a lawyer but I’m completely gun shy on that,last &only one we had was awful
Angel, I’m not a lawyer, this is NOT Legal ‘advice’….but it IS some real strong “Suggestions”. “SUMMARY JUDGMENT” can only be asserted or delivered by the Judge by way of Order Granting same IF there are NO (read=ZERO) “Issues of Material Fact in DISPUTE”.
In Civil Cases, You win by a preponderance of the evidence (51% tips the scale in Your Favor)
In Criminal Cases, The Prosecutor must Prove ALL the Elements BEYOND a REASONABLE DOUBT.
Summary Judgment on the other hand REQUIRES Such a high bar it’s nearly impossible to reach in a REAL WORLD (as in former bank employee/bank attorneys NOT Sitting as Your Judge) scenario and Courtroom, they have to prove BEYOND ALL DOUBT that You have NO Substantive ISSUE of Material Fact that YOU can assert….NOTHING. They DID Everything PERFECT…..period.
Summary Judgment is a joke, I’ve never seen a proper one yet (& I’ve been in the court room for Thousands of these actions).
HTH,
-mick
PS: the advice to take another person (or TWO) with You to ‘mediation’ is a Very Good Suggestion.
what county are you in?
Lol,I know I’ve been waiting for it to go differently due to the horror stories I’ve read,,but I’m from a small ky town,& I hope I stay a step ahead of the crooks,plaintiffs counsel hates coming here,&was doing everything she could to have the mediation on her home turf,,,didn’t work:-)
Angel, I’m not an attorney. I’ve been fighting my own battle with BOA the past 7yrs.
Wow, 16 lawyers!
If you don’t trust or can’t afford an attorney, hire your own court reporter to be there for the mediation. The other side takes notice if you do that because they know if they treat you unfairly it can be appealed to a higher court along with everything they said and did during the mediation. Around here it cost $150. But it’s well worth it in the long run. Also, if you go to You Tube and type in something like….”what to expect at legal mediation” several videos should come up that tells you about it., some are done by attorneys, and some by law instructors. That method has helped me a lot.
Hammertime – In response to your post:
Interesting what u don’t see first time around.
Says Title Insurance to Chicago Title Then a line with Lender’s coverage for full amount of principal Then a line Owner’s coverage 0 All misleading, deceptive:
Look on the column heading for “seller” and see if that Owner’s Policy (for you) was paid on behalf of the seller. It is not usually paid by the buyer (you) so on your side it would probably be 0 but the cost would show on the seller’s side of the closing statement. When you got the recorded Deed sent to you from the title company after the closing, didn’t you also get an Owner’s Policy attached with the recorded deed? Highly unusual that an Owner’s Policy would not be issued, very highly unusual.
Ok I think it was a condo or townhouse, but when a title company does a search, do they only access local public records info or is there somewhere else they go to get a more in depth search of the property
A condo would not require a survey b/c they don’t own the land but a townhouse is different – they own the land in a townhome. Title examiners have several places for searching title and that’s why it would be a good idea to ask for a copy. Tell him to ask for the ‘marked up’ copy of the title exam.
As a former title searcher, for a former title company, decades ago, we went to the Land Records/Clerk of Courts Official Records Vault and examined EVERY Document recorded, related to the property, going back at least 4 previous owners or 40 years, which ever we hit first. For EVERY Mortgage there must be a satisfaction, for Every Deed there must be both Grantor and Grantee, those must all match as a ‘chain of title examination’ is completed. Legal Notices (& Liens, including Federal, like the IRS) are ALL recorded against the property. ANY unrecorded encumbrance is irrelevant in judicial states, as those document holders have to record same, to have a lawful claim. I have no clue what they’re doing now, as I’ve seen Refinances Executed while Lis Pendens are actively filed against the SAME PARCEL?! Can’t wait to see how that title company resolves that one?
Bobbi yes it was a warranty deed and he paid cash for the property. Title insurance was paid by seller and the closing was done thru a local title company. Thks
I don’t know why the title company would place that verbiage on a General Warranty Deed but if he got an Owner’s Policy, which should be issued within 30 days of the closing, I am going to suggest he go through that policy or better yet, have a Real Estate attorney look it over for him. In the meantime, he should ask the title company for a copy of the title exam which will show all the features surrounding that property. Also, hopefully, he also had a survey done as well. Cash buyers forget that surveys are an EXCEPTION to title unless a survey is done.
If banksters don’t enforce title insurance because they may discover something that weakens their position is another sign that there is no integrity in our institutions. Lms the key point of TILA rescission is you take it out of lawyers and court hands if you have cause to file. If you have doubts or are fearful of filing then u pay someone like Garfield. If the servicer has lied to u ie no truth in lending if they jerked u around instead of verifying debt sending the notice forces them to prove their standing and debt. Where’s the disconnect? That somehow we are trying to get out of our debts and should be fearful of being called deadbeats is the lie and shaming they’ve used against us, about 5 yrs late. You urself and all of us as far as I know tried to resolve our debt but their manipulation and ADMISSIONS brought to question if there’s any debt at all. U still think we should beg for ANOTHER bogus offer? Makes no sense.
bobbi, just curious regarding title, my friend bought a property and on the deed up in the left hand corner, it read “indv to indv”. to mean from individual to individual I am assuming. I have never seen this on a deed and to me it looks like the deed is only as good as who transferred to the new buyer. can you explain , thks.
I don’t recall ever seeing that kind of verbiage on a deed transfer but what kind of deed is this? A general warranty deed, a quit claim deed or what? Was it prepared by an attorney or a title company? Did your friend have this financed and if so, did he get an Owner’s Policy? If he was a ‘cash’ buyer this is the problem when they (the buyer) doesn’t take the effort to protect themselves….
incog, I agree, but bottom line you have to pay somebody and it is better to pay than look like a deadbeat in the court. work out a payment you can afford with the bank or whoever claims to own the note and mortgage. If you cannot afford the house at all, then maybe its time to leave it. Sure its about principles with me too, but bottom line you signed a mortgage and note and owe it to someone. you were not coerced into the loan at the time were you and you cant deny that you signed the mortgage and note paperwork , can you? really? I contacted neil, he wanted $600 an hour. Tell me who here can really afford that outrageous charge. We do know as much as the lawyers and probably more with our combined research and experience. neil wants to put his panel together with high rollers. We should be that panel. believe me im on everyones side here, but I am not going to further support anymore attorneys. and this TILA rescission idea, ok it maybe great, but I would do my research before I send in that letter that cancels the note and mortgage, you still signed it. I have just seen what goes on in the local courts here in florida and it is a circus, absolutely no method to the foreclosure frenzy going on in the courtroom. I am just saying keep your hard earned money and spend it wisely. there is enough information on this blog that can help you proceed pro se. lawyers just know the formality of the foreclosure courtroom which in my opinion is a joke. none of these lawyers had enough experience in this fraudulent mess. I think the TILA recission is just another money maker for the attorneys. I am just trying to get people to really think here. that’s all.
trev, don’t we all recognize by now we are all being scammed. Just work it out with your servicer, mortgage company and then like bobbi said, make sure it is recorded. What is the point of the fight if there is no intention of remaining in the property. We all got seriously scammed, just learn from it and move forward. What is the fight really worth to you? its better to try and work out a payment than keep fighting them on technicalities. It only makes us look bad in the eyes of the court with stall tactics. even neil is still trying to drum up business. we are the peons that got scammed. learn from it and move forward. these attorneys suck and they will take your last dollar, now I ask you again, what is it really worth? either get a loan mod and pay it or give up the property legally and move on. I don’t see any body moving forward on this scam unless you have tons of money which I don’t think anyone here has including me. there have been multiple wrongs done to all of us and still no justice. Sorry if I sound like a whimp, but I am tired of all this bullshit and no one getting any true justice, with or without prejudice, do you want to spend your life in a courtroom and upset all the time about injustice. It aint gonna change anytime soon and I am in midlife and want to enjoy the remainder or my life if that is possible because when I bought my home, I felt so proud to own the home and now the termites can eat it and I don’t give a shit. probably a blessing in disguise!
In the eyes of the court, SERIOUSLY??? THEY ARE CRIMINALS!!!! If YOU want to pay an entity that is not owed any money, you certainly can do so if that is your desire, others will stand their ground on the principals of law and order!!!
And they did All AG’s got money for their state leaving all of us out there to battle on our own
Maxwell silver hammer…
many thanks for the lead. I’m over the house but want the stain on my credit/judgment cleaned and I want to give Bieter a chance to make it right….i fight fair but am inches away from just writing a formal reprimand of the no-show judge….for documentation purposes….& for the next generation of fighters.
the day I lost in ’09 the headlines were that all 50 atty generals were going to ‘get to the bottom’ of this. 9 yrs later I think we are at bottom…idaho hates its non-mormon citizens….not my idea of a State…more like a cult territory in need of guidance from above. V tired of babysitting but the road is long, the reward….worth every tear so they say.
I can feel it in my lucky barometric knee cap…we are close… i can just feeel it.
if anything/anyone else can help w the next move (it’s mine)…chime in. 150 heads are better than one.
I will say this… Ocwen Financial is very attentive when I call, its like I’m now the debt collector….they are very ‘on edge’…and may just make it right???
Ombudsman Office?? Ironic.
Peace all & t.y… T
I can do 2nd grade math….the extra three years were for the daily offshore phone calls..’TwayBor you owe us Mo money….youpaynow!!!!..some calls were at 6:30 a.m… hundreds of them in over 2.5 years…it was torture, and I have been tortured… like south pacific locusts….pinching and biting..locusts lying….all in the name of ‘mo’….a land grab w no one at the register…no one minding the store as they used to say.
they hired people in India and Asia to termite my American Dream, my life savings.., they fired Americans and hired boiler rooms of non-Americans to steal Americans’ private property. ..not as a means of last resort but as means of first and only option…w no regard for law or American Values..gnaw..gnaw..youpaynow or else TwayBo… ugghh. Broken English….broken dreams.
Silver lining, ha…i’ve learned more in the past 10 years about greed, integrity, community, neighbors, god, dreams, american financial regulators & regulations, distric Courts and small town politicians….fraud….white collar crimes…american business egos…comptroller of currency responsibilities…police detective work…cover ups….and if i take a step back…i’ll notice an entire industry being body slammed by lady justice….who is not blind at all…hitting every target … the CFPB $2.125 Billion citation recently written to Ocwen Financial ….is the harbinger..just in time… just think… $125 million / x …. where x = # of people who lost their shelter to fraud….who may be tired…maybe back on their feet…but one thing is for certain….Ocwen will now be Defendant in dozens…hundreds….’000$ of lawsuits?? crime don’t pay….
as soon as i get my ducks in a row…i’m filing a federal civil suit against fannie mae’s new cxo….david applegate. he was the ceo of american home mortgage & servicing 3 (to a higher power…no really…that was their logo)…yeah so i’m going to hold him accountable for his broken promise….after ten years of payments…20 month resolution on a friday…dave’s promise..home went at auction the next monday….and according to CFPB…the foreclosure was riddled with fraud…knock-knock…uncle RICO…?
God is so good. A real world education…in real time. Nothing but net…highwire walking w no net.
Just my dream in a fair shake. A chance to fight for the light…for justice.
So help me/us God. Graziadio.
humbled…. kPoW!!!! tko… i want to do other things w my life… i want closure.
we all do.
Trev – very well put but I’d like to ask you to put those same words in a complaint to the CPFB (Consumer Protection Financial Bureau). If they resonate with them the way they have on this site, I think you would be surprised. Better yet, send a copy of that same complaint to your local news media!
Also, NEVER give up unless you WANT to give up!! Ocwen are just as much of criminals as all the other criminals in this garbage!!!
Hammer your right it’s just temporary
Trev just saw a post re motion to vacate judgment for CA, maybe something similar. Some legal services claim they can reverse sale up to a year after. I would look at Mains? Case who is suing for damages instead of reversing sale. Then again Garfield says rescission cases can be reversed. But if property has been sold to innocent 3rd party that could be end of the line as to property.
Not necessarily true as to the end of the line. There have been cases where the property title was reverted back to the original owners. That’s why 1) Lenders of REO properties don’t do Warranty Deeds, and 2) always do your research on a REO property before you purchase it.
Definitely not absolute. In CA there is strong language as to bona fide buyer. Then bona fide becomes an issue. As to TILA sale also criteria along with consummation. Basically tougher when sold to innocent 3rd party rather than reverting to bank in CA.
That is exactly what this new ruling is about
If you have bad documents it’s worth fight. There’s always the media and possession of a forge document is. A class 2 felony
There is no sol in fl for verifiable
Fraud. That’s just it though
The fraud does not seem to end. They do not want us setting any precedent for fraud. Just imagine what a snowball effect that would have in the courts just when the courts thought there was a light at the end of the tunnel!
General ? for the board/bored.
If I lost my home to a Summary Ruling….MetLife 2012.. but then…after the fact discovered fraud in their filings…can I ask the Judge to reverse the ruling? re-open the case to consider more facts…like metlufe’s barring from the industry…a Pete Rose so to speak…
If anyone has a term or process that might allow the Judge to save face and allow justice to stand…please post or text/call.
208.703.9525
I basically want to say, ‘hey Judge Bieter, we were both lied to…robbed…can you reopen the case….?’. I am not able to find an honest attorney in Boise…
I am ‘qui tam’…
I think I am within SoL for fraud served on Courts.
peace & never give up/in.
ever.
Trevor
Sorry but you have been misinformed. If the judge rules in their favor they can’t.collect on any of the past due only from the time they choose a new default date
Then why even fight for it,,smh….I quit!!!!!
My motions asked the courts to dismiss w/prejudice…so If I prevail its not a win…its a temp status til the crooks cook something else up???
It’s up for ruling next month which is November that’s why the banks lawyers arguing about being able to refile. You can google up coming Supreme Court ruling in Florida
The banks are contending that by choosing a different default date that the statue of limitations start over too
Well after almost 7 years we have won a small battle. The bank took a voluntary dismissal without prejudice so I guess we will see where it goes from here
The Supreme Court here in Florida is going to make a ruling in cases that are dismissed with prejudice possibly allowing them revile using a different default date
That wouldn’t surprise me,however if its dismissed w/prejudice due to fraudulent actions,such as forgery I don’t see an overturning that:-) fraud on the courts,false cause of action,to much we can fight back with if higher courts do so…:-)
Isn’t that like double jep?,,,Couldn’t prove case to point of dismissed w/prejudice,but allowed to ATTACK on new dates???if that happens to whom ever,,,,I pray they go straight to media,,,seems like the cases in media move quicker but opens homeowner up to entire world,when your already feeling invaded…..I mean my god:(
What ruling? It has always been fact that dismissed with prejudice means that they can refile again. They could only use a difference default date if they modified the mortgage and it went into default. Where did you read or see about a Supreme Court ruling on this matter?
My understanding is plaintiff CANT bring same cause of action against defendant,meaning default,,,was cause of action,not the date of default,,,or have I been mis-informed?
A lender can always bring action on any default – which there are several in your mortgage. For example, if you change the title on your home that could be constituted as a default under the Due on Sale clause. And, yes, they can still come back on a payment default. Each time that you default on your mortgage is a warranted time for them to file foreclosure. Just because they lost on one payment default does not preclude them from filing again if you default once again. Since lenders don’t accept any payments once foreclosure is filed (except under a loan mod) then I’m not sure how the courts will look or set the default date if the total amounts due and owing at the dismissal is not paid. Again, if you don’t pay the outstanding amounts declared as delinquent at the time of the dismissal then they could literally come back in 90 days and refile another foreclosure. Maybe this is what this new ruling is supposed to clarify – I don’t know.
As Bobbi explained to me the bank has the lender policy to retain first position should any claims arise from the borrowers side. I would think a borrower would want title insurance especially if it is an all cash transaction not sure if it is required in Ca but in Florida seller always pays for policy
May be CA doesn’t require borrower title insurance.
Bobbi thx for explanation. On my loans there is only one entry itemized as title insurance. Doesn’t appear borrower’s title insurance is required. Later confirmed “lender” on note as beneficiary. I’ve raised evidence of broken chain so why wouldn’t “lender” make a claim? When there’s a sale of loan wouldn’t the beneficiary change? Seems this is an area that raises question of parties and transaction.
Title insurance follows a file when it is sold to another lender via the Assignment of Note & Mortgage. If you have proof of broken chain of title then you can file the claim yourself. Lenders are less apt to do that as it may lead down a road where their lien position is not firm. Your title insurance policy was more than likely paid by the seller. Look on your HUD-1 closing statement, Page 2 to see if the seller paid for your Owner’s Title Policy.
So then i should see if I had owner’s title insurance down the line. Prob a long shot but u filled in the gaps.
umm, I am curious as to while I am in a trial loan mod and they are modifying permanently subject to clear title. Why would they add that clause?
Since they are not aware of any type of lien or other title matter that may have come up since the inception of your mortgage when it was recorded, they will add that language to protect their first lien position. For example, you may have been involved in a lawsuit that ended up with a lien against your home. Your lender would not have been notified of that recordation. You could have marital issues that effect your title. The lender, prior to a final modification (which, by the way, you should demand to be recorded) will do a title search to make sure that they are still in a first lien position with no deficiencies on title.
ok thks bobbi, that makes sense and that would be the only thing that would make sense out of this mess and I will demand (for what its worth) that they record this one since they reneged on 2 others that I fully executed and they did not.
good to know bobbi, thanks. I am going to review my owner’s policy very carefully
so obviously the reason to push foreclosure fraud to judgement for bank to cash in on the lender’s policy.
Lender’s can’t ‘cash-in’ on a lender’s policy unless there are title defects. The insurance is in place to protect only the title to the property – not for monetary default on the mortgage.
thks Bobbi, does that mean that I can file a claim for the original loan amt (prior to refi) if a title issue should arise
Yes, your original policy is still in effect as I said, as long as you retain title.
I got nothing with my refi, but I did have my title policy from when I bought house which is pretty much null and void at this point. I got no title policy with my refi at all which is theft in my opinion since I paid for the policy. this is another reason why they push the foreclosure so hard because if we had been issued a title policy, we would have a copy of and since we don’t, well!!!!. We paid for something that never existed!
When you refinance, whether you cash out or doing so for lower rate or term, a new owner’s title policy is not issued. A new lender’s policy, however, is required for the new loan amount even if the lender is the same one. The title company or closing agent may issue you a discount if you have the current owner’s policy (re-issue credit) against the new lender’s policy. When you pay a fee at a refinance for title, it is simply the new lender’s policy you are paying for. Your original owner’s title policy stays with you as long as you retain title to the property.
Angel I get confused if wout prejudice means they can try again. Congrats either way sounds like.
Yes sir:-) &every motion I filed has dismissal with prejudice,,,& the newest one I’m working on is emergency motion to proceed:-)
Means they CANT re-try me:-) 🙂 🙂 srry:-)
Lms u made a key point down there that there was no real title search. When I did refi in 04 I received complete title report although I did not get title insurance as we are led to believe when we’re charged at closing for benefit of bankster. All I received after loan with Chase in 07 was policy w Chase Bank USA as beneficiary.
Hammertime – understand that there are TWO policies issued for title insurance when you purchase a property. One is lender’s title and the other is the Owner’s Title Policy. One protects the lender as along as the mortgage is against the property and the other stays in effect as long as you retain ownership. Refinancing does not change the owner’s policy but if you pay off a mortgage in the refi with a new one, regardless of a new lender or the old one, a lender’s policy is re-issued for the new mortgage amount. Your original Owner’s Policy is typically paid for by the seller when you originally purchased the property but that can vary from state to state.
Interesting what u don’t see first time around.
Says Title Insurance to Chicago Title
Then a line with Lender’s coverage for full amount of principal
Then a line Owner’s coverage 0
All misleading, deceptive
Has anyone heard of the law firm BRock and Scott ?
After 6 and half years our bank filed a voluntary dismissal without prejudice yesterday
a few salted shells from the peanut gallery:
once i realized the RICO component to their shenanigans i took the step of involving law enforcement…boise police department specifically…i reported metlife…its ceo..and the lawfirm hired locally to conduct the fraud on our Courts.
you could FOIA it…Hitchin / MetLife. I have ZERO confidence in the Ada County Prosecutors office….w cause….so i did this more as a papertrail than anything else….something the CFPB and/or the Courts can point to. ‘someone felt they were subjected to white collar crime…and said something…to someone….’
i type this as i hear my 3rd service Labrador fight for her life after being mauled by a pit bull yesterday ..in the worst part of town….where we rent now…no pride of ownership.
the houses w fenced, secured yards stolen by Ocwen and MetLife were in the best part of town. american dreams decimated by corruption of our Courts and ‘leadership’… judge didn’t even show.
so yeah…if you’re going to fight, use your smarts….use the police for documentation of the crimes….pressure your PA to press charges…use the reports to build your claim with CFPB. Remember….they are the 800lb guerilla in the jungle now….and there are now ‘skulls’ on poles for other banksters to point to….so re-evaluate your path to settlement and know that I plan to report both banks to CFPB shortly…my new big brother/silverback.
fight for the light…
this may be useful full post for full effect –
and remember UDAAP, Unfair, deceptive and abusive practices if I got it right!
excerpt on transfer rules may apply to bulk transfers:
“On the other hand, CFPB examiners may consider the following practices, among others, as
indicating that a servicer’s policies and procedures are not reasonably designed to achieve the
rule’s objectives of facilitating the transfer of information during mortgage servicing transfers or
properly evaluating loss mitigation applications.
As a result, the servicers required borrowers to submit additional paperwork or to provide copies of financial documents they had already submitted to the transferor servicer. These servicers also subjected some borrowers to substantial delays while reunderwriting their loans. In some cases, the borrowers subsequently received a new modification with inferior terms, and in others, the servicer actually conducted a foreclosure sale. In all of the cases discussed above, CFPB examiners concluded, based on the particular facts, that the servicers had engaged in unfair practices and directed them to adopt policies and procedures to prevent continued unfair practices in this area and to remediate harmed consumers. CFPB has previously publicized these findings in Supervisory Highlights.8 Certain CFPB examinations, which occurred prior to the effective date of the new servicing rule, found that these practices violated the UDAAP prohibition; under the new servicing rule such practices may also constitute violations of 12 CFR 1024.38.”
Links on page – http://www.consumerfinance.gov/guidance/supervision/manual/
We released Version 2.0 of the manual in October 2012. Since then, we have released new chapters and/or updated chapters, as listed below. Please review the list below to make sure that you are referencing the most recent version of the chapter that you are interested in.
October 1, 2012 – CFPB Supervision and Examination Manual – Version 2.0 (PDF)
Updates in reverse chronological order are:
September 15, 2015 – Mortgage Origination exam procedures – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
September 15, 2015 – TILA Procedures -TILA RESPA Integrated Disclosures (applicable for examinations after the October 2015 effective date) – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
September 15, 2015 RESPA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the October 2015 effective date) – Updated to include 10/3/15 revised effective date for the Know Before You Owe regulations
June 10, 2015 – Automobile Finance examination procedures
May 4, 2015 – Mortgage Origination examination procedures – Superceded on 9/15/15 (see above)
April 1, 2015 – RESPA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the August 2015 effective date), and Mortgage Servicing Requirements (January 2014) – Superceded on 9/15/15 (see above)
April 1, 2015 – TILA Procedures – TILA RESPA Integrated Disclosures (applicable for examinations after the August 2015 effective date), and Higher-Priced Mortgage Loan Appraisals (January 2014), Escrow Accounts (January 2014), and Mortgage Servicing Requirements (January 2014) – Superceded on 9/15/15 (see above)
February 18, 2015 – Credit Card Account Management examination procedures
May 2, 2014 – Examination report and supervisory letter templates (and cover letters)– revised format
January 10, 2014 – Mortgage Servicing examination procedures
December 3, 2013 – Education loan examination procedures
November 27, 2013 – RESPA procedures – home ownership and equity protection (January 2014) and mortgage servicing requirements (January 2014) – Superceded on 4/1/15 (see above)
November 27, 2013 – TILA procedures – Higher-Priced Mortgage Loan Appraisals (January 2014), Escrow Accounts (June 1, 2013), Loan Originator Compensation (January 2014), Ability-to-Repay/Qualified Mortgages (January 2014), High-Cost Mortgages (January 2014), and Mortgage Servicing Requirements (January 2014) – Superceded on 4/1/15 (see above)
October 30, 2013 – Updated Regulation E examination procedures (including remittance transfers)
October 22, 2013 – Remittance transfer examination procedures (Other resources to help you comply with the remittance transfer requirements are available here)
October 9, 2013 – HMDA resubmission schedule and guidelines
September 17, 2013 – Short-term, small-dollar lending procedures – military lending act
July 19, 2013 – ECOA baseline review procedures
June 4, 2013 – ECOA procedures – appraisal and valuation requirements (January 2014)
October 24, 2012 – Debt collection examination procedures
Learn more about the previous updates to the TILA, RESPA, and ECOA procedures in our June and August updates.
Questions about the manual should be sent to CFPB_Supervision@CFPB.gov.
This examination manual provides internal guidance to supervisory staff of the CFPB. It does not bind the CFPB and does not create any rights, benefits, or defenses, substantive or procedural, that are enforceable by any party in any manner. While every effort has been made to ensure accuracy, examination procedures should not be relied on as a legal reference.
Awesome Post Hammer! I just copied & pasted it to my files for research! Late tonight I’ll be heading back to the CFPB for more reading!
yes me too, im glad we all have each other to learn and get encouragement from. We are a one man army against the terrorist banksters.
I 100000000000% AGREE:-) 🙂 🙂 🙂
yes I am facing a time my self I ‘been lied to by Owen they sent me a letter saying that I owe 2.800 come to find out all that was put in bankrupt was274.00. later learn that they did not file they have stop payment cause me to become 8 payments behind and I have never miss payment in 3 yr.’s until they stop my payment’s and cause me to be delinquent is this even legal what they are doing now I’m facing foreclose .
ahh the stall tactic to put you deeper in debt. its part of their way to extort you. you have to prove that they purposefully delayed you or they have miscalculated their paperwork. by what youre telling us is that if you files bankruptcy and they did not declare all they claim you owe, I would think it would be exempt but I don’t know bankruptcy law. talk to trustee or attorney if you have one.
u r welcome and good luck, no need to feel any shame at all, we are all victims on this site.
🙂 this is the best site created:-) &I know that,that’s why I come here almost daily,,,I get charged at times from the info,×(mostly) I read & pray,,,sometimes I get scared at how long some have fought,like omg this is never gonna end,,,,,but mostly I’m GRATEFUL,hate howI’ve met yall,,never less I’m grateful &wish ALL YALL resolution:-) 🙂
THANK U so very much yall:-) I’d go insane if I couldn’t talk to/about wat I feel as shame,,,,&I shouldn’t…but y’all know what I mean,,,ALL of your advice is sooooooo appreciated 🙂 🙂 🙂 DONT GIVE UP,CA– USE I’M NOT:-) 🙂 🙂 🙂 🙂 🙂
oh my, you really got a fraudulent trail of paper in my opinion. see they file crap after they put you in foreclosure. did they backdate it? who signed it. I had a blank endorsement and the person that signed it had nothing to do with mortgages. worked in credit card dept. what a maroon!
I would show judge payment history and the bank cant raise your insurances (unless force placed). flood insurance can get exempted or you can pay that on your own. I got Chase to exempt me from flood insurance because I am above flood level obviously or else they wouldn’t have. I had to go to my city and get them to sign some stuff plus give chase a copy of my survey and the fema map. sounds like they were just trying to price you out. I try to shop around if I can especially in florida with windstorm and I make sure I am getting all discounts that I qualify for which really does not make a lot of difference but it helps. you do have a difficult situation, but do not let chase bully you out of your home which I know is hard because they are the worst bullies out there.
Yea I done all of that,they still kept attaching policy’s,ruined us,then 2013 got a letter from chase I’m no longer required to have that ins.DUH….but damage done,&had been in foreclosure proceedings 3yrs at time of receiving that notice
NOT “Duh”, You DEMAND an ACCOUNTING….since THEY were mistaken in overcharging, they Must Refund and Credit Your Account (IF they still even have authority to HANDLE Your Account?). That NOTICE Needs to be shown to Your Court, on top of everything else I’m reading here.
Actually LMS,
They can’t raise premiums PERIOD (we went through this w/WFHM, about 2 DOZEN Times, where they were committing Insurance Fraud against multiple Insurers for Flood. We had a Policy, they instituted an ADDITIONAL One to cover the ‘shortfall’ between Loan Amt. & Max Premium. (which was totally illegal, the FEMA RULES are for a reason, Maximum Coverage is for the STRUCTURE, not the LAND Value (same for all homeowners/hazard insurance policies) BUT, since the Second Policy was through THEIR Company….well, who’s really paying attention, right? Well when OUR payment went up $200. a month for the increased Escrows, I DID. & I Went to the State Ins. Commissioner, AG, and more….in the end nothing was done. But the Point is that they CAN and WILL (Just ask David Lee Ham who prevailed in the 1DCA) slap forced placed policies WHILE YOU HAVE FULL COVERAGE of everything You can Lawfully INSURE, already in Place. & NO, this wasn’t a WF only stunt….Nationstar, BoA/aka CWHL & more did it. Folks went IN TO FORECLOSURE fighting the stunt!
yes it will end. It sounds like it is just cat and mouse and they don’t have standing and cant prove anything and they know it, but who knows what is being fabricated behind the scenes. Tell the judge, you want no more stalling and also I would point out those 15 times postponement. I m surprised the judge has not pushed it forward so you need to. Sounds like you are prepared and they are not.
I would never accept anything less than a warranty deed from a seller, but these days even that is questionable.
Just so everyone here knows: Fannie, Freddie or any other lender that is selling a REO property will NOT issue a warranty deed. The reason being (they claim) is that they are not the original TRUE owners and therefore have no knowledge of the history of the property. I do find that odd since most likely they WERE the lender who would have required clear title when the mortgage was closed! So, right there tells you that they already KNOW there’s a boggyman hiding in the woodshed.
The only assignment of mortgage appeared a YEAR after in foreclosure & was created by the law firm who initiated this foreclosure,I researched the people on it,notary,etc they’re ALL JP MORGAN CHASE EMPLOYEE’S???& assignment wasn’t recorded,
that’s just what I have been saying on Neil’s blog about title. with all these securitized loans, whether its a foreclosure or not, whose to say if you get a good title. but in florida, once foreclosed, the clerk issues a “certificate of title” to further the fraud in my opinion but the new homeowner kind of like gets an insurance policy from the court that the property is free and clear, but really sounds like the title company did not do a true lien search or you would have known prior to buying the house and you would have probably backed out of deal. Obviously your title insurance policy became null and void once the bank declared you defaulted so they had to set you up like that by saying you did not have insurance and they force placed it at an astronomical rate to throw u in foreclosure. mother******! did you get a title policy? These title companies are worthless too.
what kind of deed did they issue to you?
I have the note,special warranty deed,REO deed I have three items total.
Angel, file emergency motion to proceed, don’t let them stall while they try to put their phony story together. If you are prepared enough, I would take them on, no more delay. I am sure the judge will be glad to end it. What are their stall tactics? If a trial date has been set, the judge really does not like to wait. Tell the Judge lets move forward and it they get judgement and you want to stay in the house, do a motion to mediate, or have a loan mod option after judgement. I did and that is why I am still in my home for now. Be prepared, I don’t know what state you are in, but there is life after foreclosure judgement. Have a plan B ready to present to judge if the bank gets judgement but only if you want to stay in your home. The longer it goes on, the longer your credit is damaged and in florida there is a civil procedure that you can open the case back up and may get the foreclosure reversed. its almost like they have to get the foreclosure judgement to collect on their insurances to pay whoever(probable themselves because they are so greedy) or to prove there was actually some kind of transaction period, no matter how inequitable it is. You understand what Im thinking?
THANK U:-) that’s exactly wat I will do,,,stall tactics to date,15different lawyers/firms,every new firm,I have to start over,I’ve done discovery 3times now to three different firms,they step up make demands I comply,they disappear…boom new one,,,,its crazy &I’m pro se.,,,should of been from day one,I’ve moved it further than my lawyer did,I’ve been in litigations now almost 5yrs????????no sale date ever,,,newest tactic plaintiff is trying,motions & I answer right back with my own,he calls & withdrawals his motion???????I mean my god,I need this to STOP!!!!!
you need to get your paperwork from insurance agent because if you signed up for escrow, you would get a copy of insurance statement that is forwarded to your mortgage company to pay. Surely your agent would have copy that insurances are paid since the policy generally gets mailed to you from your agent and if you do not get a copy of declaration showing paid then you would have been talking to your agent asking where is my annual policy. Wow you really got hit bad, but stay on them.
Got it,& yes my monthly pymts broke down as follows,598.98 principal/interest,252 escrow,escrow was to pay ins,taxes,etc…I made my pymts,chase used them as their personalpPiggie bank.I had ins,raised my coverage 2x’s ALL to stop un-needed flood policy attachments,didn’t work…tried to refinance to get away from chase before credit was destroyed,couldn’t collateral title issues,not vested ,,&chase flat destroyed our credit,,,,
I agree hammertime, its really her word against theirs. That’s why the closing docs she has could be real key. you know the bank has nothing. I would be curious to see what Chase uses to prove standing which we can all pretty much agree,will be fraudulent.
sounds like freedom mortgage is a broker and sold to chase but they still should have recorded the mortgage you signed at closing followed by a recorded assignment to Chase. They really have kept you in the dark. You have to watch the clerk of court website. Make sure they don’t try to record some phony paperwork after the fact. I have seen the MERS paperwork recorded. Did you get a deed to the property? With the courts the way they are,its easy enough to push any fraudulent docs thru the court, recording dates don’t seem to matter, but I would be interested to see what pops up under your name in the clerk of court website ( if anything) bank attorneys may think they have a slam dunk foreclosure waiting in the wings. With nothing at all recorded, anythings a wild card.
No Black horse financial was broker,FREEDOM MOTGAGE was lender,Chase was servicer I have all my papers,kept everything,including monthly mortgage statements….Chase breached loan agreements by force placed flood policy’s not needed,14 policy’s,in 11months & removed funds from escrow acct to pay for these,2,000 a piece,,chase created a shortage in my escrow acct & placed me in foreclosure,WITHOUT missing monthly pymts…the fraud in my case is sicking!!!!!
I’ve gotten a print out of my property from clerks office since this has began,,I have each yr,owners still say fannie Mae,we bought this from Fannie Mae 2008.it was a foreclosure retrieved property,I should of RAN…..thought we did everything right,had a broker,realtor,approval letter,credit,now WORST MISTAKE OF MY LIFE!!!!!LIVING NIGHTMARE:(
Angel sounded like you were shocked after all this lol Sounds like uve fallen through an even bigger crack than most in terms of paperwork. If tgere are no docs, recordings and ur not documented homeowner how can u be in a foreclosure court? You should be filing criminal fraud or complete dismissal but nit legal advice.
We had a lawyer for 2yrs,we fired him!!!!! All he did was change law firms &take our money,,he did NOTHING,he didn’t challenge Nothing,he started off strong,Words only,,he changed to 3different firms within two yes,,,,as to dismissal I’m trying!!!!have been now for awhile,ALL my motions include all the seek dismissal with prejudice,,,motions are in abeyance due to stall tactics by plaintiff
not even the mortgage docs? I would show the judge the closing docs if you have. It should be on your HUD statement. You were clearly defrauded as we all were, but even more so since you went thru MERS probably. If your mortgage and note would have originated with chase, it would have more than likely been recorded as such as mine was. In my case, chase used the fake POA to turn over to Fannie Mae. That was the stall tactic they used on me. They have clearly always held my note and mortgage (cant say too much) but they tried to pull that line that Fannie mae was the investor, but I was part of the WAMU and Chase merger which is a mess in itself.
As I read this I must share tha as of today, October 21,2015, it’s all still going on and nothing has stopped….MERS is still alive and well and the funding banks upon closing, the loan is pooled and sold!!! My son just bought a home and MERS is listed as the nominee for the lender??? Nothing is different with these fraudulent foreclosures, sorry to say
agree! no end to the corruption in sight. they have to break up the lending and investment banks. There should be no connection at all!
MERS has clouded title on over 75,000,000 properties to date, and while we scream to have Glass-Steagall (from 1932) REINSTATED because that’s the ONLY way all the value in EVERYTHING doesn’t get ‘securitized’, sold in to Trusts, and traded (& bet against) like rubber checks. Reading Banking Websites, here’s where we’re at:
Commercial Loans are being sold in to these Trust Vehicles.
AUTO LOANS are being sold in to these Trusts, and here’s where it gets REALLY CRAZY,
even LEASES are now being (as an UN-COLLATERAL-IZED / unsecured) ‘Securitized’, which means the Trusts are betting on all theses LEASEE’s Make ALL their Lease Payments, or “Poof” out come the insurers again to settle for the Trusts?! Folks we’re (and worse, our children and GRAND CHILDREN) getting SCAMMED With Every New Traunch, in Every New Trust these mega-banks create (which are by the dozen, per day, containing tens of THOUSANDS of Loans, each).
So ldynps, You’re absolutely right, albeit in understatement; They’re creating more debt than the world will be able to repay for a hundred years, if they keep up at the present pace, that creation will have been in 20 years, total. That’s all the time it took to bankrupt the world and leave Capitalism on the ash heap of history. I understand the mindset of the socialists screaming for bankers heads on sticks now (as a former banker myself). Just know ALL the major players in BOTH Political Partys supported and were enriched by this debasing of the value of ‘everything’ we consider to be of value.
EXCELLENT post Mick. Education is the key and securitization and collateralization are not understood by the John Q public. We definitely need to bring back the Glass-Steagall Act or the economy is doomed along with this country.
No doubt Hammertime and Angel, Chase is head over heels in fraudulent paperwork. I am just waiting to see what else they want to forge in my name. They just keep digging themselves deeper. I say sit back and observe because at some point it will be so deep that hopefully they will not be able to get out and hopefully the govt. will stay out of it next time and there will be one.
Angel they can do whatever they want and you need to understand they’re trying to get away w crimes against, you need yo answer like lms is saying and charge them with their forgery or whatever criminal act. Sounds lije Chase is getting worse, they sent different originator to OCC and completely screwd up transfer to PennyMac. You nay want to review CFPB rules for violations.
They can get confidential papers that DONT pertain to that bank ANYWERE on what grounds? & I have plenty of exhibits included in the motions WAITING IN ABEYANCE,plaintiff has pulled stall tactic after stall tactic,,,but I’ve complied with EVERY request from plaintiff, & they have held me waiting for summary judgement motion they’ve claimed is coming for 5months now,,,no motion came only subpoena notice that I filed motion to quash,,,this CANT be legal right?
you are supposed to receive a copy of all the docs you sign at closing prior to closing. I would look at those if you have. I would not give them anything that they can use against you (not that you would ) the way things are, they could take your confidential papers and doctor them (if you know what I mean). It is so crooked. Save you real ammo and go to federal court if you can. However, I don’t know how a judge would perceive that, maybe ex-parte kind of stuff, u know one sided like, but they play dirty so we have to. Call their bluff if you can!
Ims53 we didn’t receive any papers other than loan app,ALL documents were signed the day we closed,two sets,,,,one stayed with me,other went with signing agent,lender of my only mortgage was Freedom Mortgage,they were to RECORD my note/lien/deed…..NOTHING was recorded,,,,paid on my home 3years,¬ listed as a homeowner anywhere but I’m in foreclosure,&have been since 2010…still in my home,but a prisoner,,
I have in my motions,false claims,false cause of action,forged documents,fraud on the courts,fraud in the indictments,no standing,invalid chain of title,I’ve raised the fraud in my case in courts,now waiting…….
This was 2 Hammer time,it replied under me but meant for you hammertime:-)
Angel I would subpoena the closing agent. They know where your file went, (i.e underwriter, etc). I am not sure why the bank would subpoena your realtor. They don’t know anything, but the closing agent would and you might can get some info. from them. These title companies knew what was going on. They were cashing in on these loan shark feeding frenzie as much as the bank. They do the HUD statements.
They subpoenaed my realtor because my realtor was at signing of my home loan to another bank NOT chase,chase is trying to say I had loan w/them,NEVER HAVE,,my realtor filled out witness statement of signatures,initials she witnessed & they don’t match what plaintiff submitted to courts as originals.
I included her witness statement as exhibit in motion I just filed yesterday:-)
did they have an assignment recorded to chase? If not, its 100% fraud in my opinion. Sorry I cant be more help. I signed my note and mtg docs with Chase, but the note and mtg appeared different ( and I will not say how as I am planning on using it at some point) than the one they recorded in the clerk of court, but I would still ask the title company where the paperwork went initially. Who was the original bank/lender?
IMS53,,No assignment recorded anywhere,bought this home in 2008,NOTHING WAS RECORDED.
I have a question,I received notice of subpoena to my realtor from plaintiff,(chases counsel) 5 DAYS ago,filed motion to quash subpoena on grounds of confidential papers plaintiffs were not involved in,& more exhibits showing the fraudulent actions trying to establish standing they don’t have,well just received email from plaintiffs counsel saying he received the file from realtor?????I filed motion to quash this subpoena YESTERDAY????? IS THIS LEGAL??????
Received notice Saturday,filed my motion yesterday??????
Alright Trev! Finally no gloom & doomer
Ben, I am with you. You are right, now is not the time to walk away.
The waters are very favorable for justice in this Chinese fire-drill of a carnival i have been watching now for 9 years. Let me share some very + news as of a couple hours ago….and Lord knows it’s been a while and we need it.
my second home stolen was a charming 2bed… corner lot…super exposure….close to everything…historic…a gem. David Applegate, former ceo of american home mortgage…after 20 months of chaos…finally agreed to offer me a loan mod…that was on a Friday in 2012.
The following Monday my 10 year investment…my home..was on the chopping block. Thanks Dave….now he is CEO ?? of fannie m.. Hmmm….
anyhow…i learned today that CFPB nailed Ocwen w a $2.125 B relief sanction. $125m in cash to those of us screwed by Davey boy…. I submitted my claim…today…nearly 3 yrs to the day. could there be light at the end afterall?
I do not lose my right to take them to Court if I do accept a settlement….same with FretLife…who..bytheway…is forever barred from writing home loans…karma. so justice shows up….late…years late for some…but she shows and she gives me hope. CFPB is the big kid on the block now…w very sharp teeth.
so chin up campers….its a new dawn & the wind is at our backs. I hope to report a win or two when this dust settles…. MetLife is going to come back to Idaho for our day in Court. This time WITH a judge present. No more RICO deliverance games. time to put your big boy pants on.
Never give up or in…. ever.
The bigger they are…..
peace.
-zilla
cheers… yeah turned a major corner in my own recovery this week. life goes better w O2.
wanted to say one more comment about the sleazy…crooked attorneys who molested our Courts….knowingly…and who turned their own j.d. degree into a cold bowl of sludge.
i made the decision to contact Idaho Bar & the Judicial Review Board. The way I see it…a no show Judge should never be a Judge in the first place…. and lying attorneys to me are like drunk drivers….they should both be arrested.
In idaho there is a pool of money most attorneys pay into….like a crime victims account. I would STRONGLY advise you to make contact w your State’s Bar and get the facts and forms….then decide.
I wont make any friends but you know….they did this to themselves.
Integrity matters. Good luck all!
I agree we need to keep complaining to our local, state, and federal authorities, but I disagree about contacting the Bar Associations, I just spent more than a year filing a complaint with Florida Bar Association, I even had the President of the Bar involved in my case, and I saw first hand how corrupt the Florida Bar Association is, I went thru the whole complete complaint process, and most people don’t complete the process, because it is so time consuming, it is a maze designed to wear you out, and make you give up your complaint, the truth is the Florida Bar was created to protect incompetent lawyers from the public, I absolutely saw first hand how the Florida Bar Association will go to any extent not to reprimand there lawyers, even for criminal behavior like my Lawyer demonstrated,
Hi Mr.Howard:-) if I was you,I’d go above Fl,bar association,each state has one but you contact the higher up’s,,,all have someone above them,with more power,&can assist if enough similar complaints surface,,,&yes its time consuming but if you stay the course you can make a difference & bring these crooks to answer their wrongs,while being punished or dis-barred.the more people report to ALL ears they can,the less these lawyers have rein to play this fraud closure game NONE OF US chose to play:-) 🙂 I say.6 6 million Americans lives are flipped upside down RE-STARTED all new complaints,& it will start new wave not easily ignored…keep these crooks CRIMES IN THE LIGHT:-) best of luck to u sir:-) &DONT give up:-)
They had cancelled all of the court dates in June and July with nothing in the future. I have one of the best law firms representing me but I had texted him about 2 weeks ago and never heard back. This has really taken its toll on my wife she tried to commit suicide back in February.
Yep! Still jaggin’ around with these guys.
Anne, now you’re a “state court loser”, and you can sue for damages.
My first post on this site: after four years of litigation & 103 motions the bank was given summery judgment . The trial was a mind-boggling exercise in futility . I was represented by a well known , respected law firm, and had FACTS from paperwork to prove every word of my testimony.
Fast forward one year – the sale was granted a stay, an appeal was filed with the 3rd District Court. Today I lost my home – our appeal was denied Per Curium.
Now I can speak my mind : I purchased my home in 1997 and refinanced with GMAC in 2004 . From December of 1997 until December of 2008 I HAD NEVER MISSED A PAYMENT. Not once . In fact, I was pre-paying the principal down by $200 to $500 every month.
My servicing was transferred to Nationstar Mortgage on December 1st 2008 – they told me that first payment had not been received, and placed my mortgage in default within 45 days.
I had in my possession literally every single document from the day I purchased my home. At some further date, with the approval of my attorneys I would like to place my trial transcript on the internet as an example of what can only be called a disgrace to our justice system.
I will say goodnight but not goodbye , and to my attorneys who asked me on day one :” If you have a case we will fight for you, if you are trying to stay in your house without paying your mortgage , we will not accept your case” .
I thank you .
DEBT COLLECTORS! they bought our home loans even though we were not in collections or late in our mortgage payments the “banks” decided to open DBO-DBA’s debt collectors eg..COUNTRYWIDE-RECONTRUST-IMPAC..HOMEQ-AMERIQUEST-OCWEN-Altisource-.. did everything possible to make our loans late and in default! plus the famous “loan Mod” scam! shame on our government!
I feel the same way u do Angel. Seems there is no end to the criminality of all this and no one in jail. They should lock the lawyers up with the banksters and throw away the keys. When will they learn people’s homes are not a commodity on Wall Street. They will never learn as long as no one goes to jail.
I 100% agree,,the normal consumer pulls this kind of fraudulent actions they would be locked away immediately!!!!!I say keep the complaints flowing,the MORE saying same issues the better the chances of hand-cuff’s slapping the BANKS,FORECLOSURE MILLS,a.k.a so called ”ethical” law firms..write congress,your state reps,&MOST IMPORTANT,,,BAR ASSOCIATIONS,,get these lawyers under microscope,I will NEVER stop until I have resolution.I wish all y’all the strength,peace,resolution,,,,JUSTICE:-)
Hello,I’m STILL in limbo,have been fighting for 5yrs,&the ONLY victory to date is,I’m still in my home &have managed to keep one of the BIGGEST banks in the U.S at bay,,,I’m in NO WAY giving up/in…my American Dream was shredded but not gone,my life is NOTHING as before,the damage/toll I pray will heal,to all y’all fighting Fraud closure don’t stop,read as much as you can,arm yourself with knowledge against the legion of crooked unethical lawyers,&file complaints to EVERY ear you can,,,it will make a difference to your cases,,,my question is ”WERE ARE THE LAWYERS SEEKING JUSTICE NOT LINED POCKETS???guess the saying is true,”Honest people CANT afford the good ones.Good luck to all you all,I pray we all have peace,love,resolution:-)
I’m ha ing a real hard time understanding why my case hasent been thrown out. My case is about foreclosure fraud not a loan mod . I revieed the complaint and within 30 minutes found so many discrepensies With the complaint they filed a copy of my original mortgage that essential with them. Then they filed a lost note under the statue without showing the transfer of the instrument. They claim the note was lost sometime between 2006 to present There many other issues as well. Can someone help to understand why this has been going on for 7 years
Kent – It is hard to comment precisely without actually seeing the documents relative to your case. It sounds like “they” are trying to “create” standing. In an earlier post, you indicated that you consulted with an attorney and that he advised you not to help “them” do their job. Meaning … why pay your lawyer to go into Court to what may amount to helping “them” correct their paperwork to perfect a foreclosure against you? You also indicated that something was “cancelled” (?), so it is hard to provide input without all the information. If you retained an attorney, he/she should be answering all your question(s).
I am new to this board. I have fought the DEMONS of GMAC and its gang for 15 years. 4 months ago I happened to be just looking around and came around all this information. I was so blown away!! I have 15 years worth of fraudulent documents. My very first is the very first sale from Sebring Partners to Residential Funding and Judy Fabar was the first signature. I have so much fraud in every way possible. Robo Signers, loan modification, fraudulent foreclosures, you name it. I have just now begun to take it on. Wish me luck!!
Kellie , I feel free to write now after many years of court cases , a summery judgment and now a lost district court appeal , I have been through it all.
The paperwork you have is extremely important. Collect everything , make copies and keep the originals somewhere safe. Everything else should be placed in binders according to year and content : insurance , tax , correspondence (staple the envelopes to the originals). Every conversation needs to be documented :date , time, person , extention , subject and length of call.
But something even more important ; this is a public message board. Although we are trying to help each other , it cannot be stated enough : DO NOT disclose your personal information. Just as you and I found this board , attorneys and para-legals defending banks and servicing companies are looking too.
The paperwork you have is YOUR CASE , and believe me ,the mortgage companies have no paperwork . Ask general questions without giving out details.
Seek and ye shall find. Poke around on your county records site , put in your last name and first initial, in all categories for the time frame. It will take hours , don’t give up !
Then using the same public records search , put in the mortgage company name using dates to narrow things down. There will be hundreds if not thousands of documents. You might find yours (it will not have your name, but can be recognized by your lot number or plat book page of record ).
It is on these assignments and deed records where you will find signatures.
Also – when you are looking at Company assignments, look at other peoples records occasionally. You might get lucky and find a signature for comparison.
Good luck. Never stop learning. Believe in yourself .
And most important : Don’t let this fight become your life …
Yes just another conspiracy to steal out the last ones standing who did not fall completely into the banks and dirty attorneys never ending pockets. Hold on to your homes and money. If u have made it this far. I would say you have enough against the banksters and yes forget your local court. Federal is the way to get them to take notice
I’m having a really hard time understanding why my case hasent been thrown out. It took me about 30 minutes to find many discrepancies in the complaint. My case is about foreclosure fraud not getting a loan mod. The biggest thing is they show no transfer of the instrument to prove they own the note. The only thing attached to the complaint is a copy of my original mortgage that wasn’t with them. They are claiming lost note under the statue but with nothing to show they own it. There’s a lot more they haven’t even proved standing. Can someone help me to better understand what’s going
I askedy attorney about getting them back in court since everything has been cancelled and was told we aren’t going to help them do their job. What does that mean ?
The banksters will reap what they sow. Never has there been such lawlessness in our nation. Their evil days are numbered. Look at what happened to chase ceo
I am convinced after over 4 years of fighting this that you are fighting a rigged game. The circus of lies and scamming is pure insanity and the judges, lawyers, banks would be I guess actual demonic people obviously in on this scam. They steamrolled foreclosures just like they steamrolled us when they created this mess on purpose. Their secret brotherhood is sickos. When we had the chance finally to view our completely forged actual note at the banks attorneys it was like a frantic scene we had security seize our phones and were told no pictures can be taken in the building or we could not see the document or the police would be called lock doors security. When the document was finally revealed it was literally a movie scene and the special effect was the note that anyone in their right or righteous mind would say thats fake. A doctored document, a fresh yellowing from the florida sun. I flash to the scene some Glen Gary Glen Ross type guys tanning sipping martinis and they are tanning with all of our notes laughin and laughin money and cigars tossed around. The document was just like you left it in the sun and then the staple massacre this poor fake note was stapled to death because obviously its been handled and restapled at the studious banks over 10 yrs. 4 pages pulled apart and restapled over and over.Fast forward to judges hands. Two completely obvious different signatures the yellow blatant forgery and a blatant corrupt judge in on it that would be Judge Mcgovern NJ actually he would not even allow me to speak and threatened me to not speak in my day in court after all these years.This judge looked at this and let the bank steal a house how do they live with themselves? The evil astounds me
From first hand experience they are all in on it your lawyer too. In cahoots conspiring its the quintessential greed movie. On a positive note an awakening is taking place the world is groaning and yearning for justice. Soon each and every evil liar that has a hand in stealing your homes will be reaping what they have sown. Habbakuk
5 “Furthermore, wine betrays thehaughty man, So that he does not stayat home. He enlarges his appetite likeSheol, And he is like death, neversatisfied. He also gathers to himself allnations And collects to himself allpeoples.
6 “Will not all of these takeup a taunt-song against him, Even mockery and insinuations against him And say, ‘Woe to him who increases what is not his- For how long * – And makes himself rich with loans?’
7 “Will not your creditors rise up suddenly, And those who collect from you awaken? Indeed, you will become plunder for them.
8 “Because you have looted many nations, All the remainder of the peoples will loot you-Because of human bloodshed and violence done to the land, To the town and all its inhabitants.
9 “Woe to him who gets evil gain for his house To put his nest on high, To be delivered from the hand of calamity!
10 “You have devised a shameful thing for your house By cutting off many peoples; So you are sinning against yourself
Tell your judge he is sinning against himself!
Excellent post!! I still say and will continue to say it is NOT in the Court system that we will win. Bring it out, out to the public, out to the masses, out to the media. Let your voices be heard. The courts are corrupt. I repeat: The courts are corrupt. Judges are attorneys first and foremost and who do you think they will owe their allegiance? to some lowly borrower who stands in front of them? or to the many attorneys surrounding them and who fill their coffers with campaign funds? I am cynical and know why? We have placed more emphasis on racial issues than we place on humanity as a whole. Who’s in the news? A family that is thwarted from their home, deprived of their wealth as a homeowner, a suicide from a forlorn victim of false foreclosure? NO sir! We’re too worried about the man/boy with a crimminal record a mile long who got shot while committing yet another crime and whether that will bring on racial violence. It is absolutely beyond all human comprehension that our focus is so far outside of humanity. Pal stated the facts in the post, an awakening is taking place and it isn’t at the set of the TV show the ZOO! So, my friends, be prepared, but do your diligence in revealing these acts to ALL peoples.
ldynps: I have come to the same conclusion after many years and helping many people in many States. Would you please contact me so we can compare notes and strategies.
Anyone wishing to participate (means to contribute, has knowledge and experience, not to ride coat tails or get schooled, suck energy etc. We have many places available for that. This is to make it happen without all the BS, paytridiot stuff or contel pro junk! Thank you) send a note to truthmonger6@gmail.com
Make initial contact to be vetted (have some stuff of your own to show you have the knowledge, experience and the balls to follow through!)
To all the rest remember the game is not about truth but forcing the players to play by the rules. Or as I have learned “To box them in” so there is no place for them to go but where the law states they must go. Ultimately at this juncture it is apparent that no court is going to put any of these players in jail, so go for the large settlement by putting together a prima facia case of criminal acts (read the elements of RICO and 42 USC 1983)…. work the State courts to gather your evidence, exhibits, self-authenticated documents of the fraud and collusion (do not rely on discovery in any court!! if it is detrimental to the banks or the attorneys, however by playing stupid victim and clever information requests where what you’re really looking for is hidden, and they think you are not a threat, (does not go to the legal department) one can gather substantial amounts of dirt).
I have managed to help a reluctant, refuses to study, invariably waits till the last second to throw together something, won’t do the simplest thing like send one page letters I have dictated, explained, re dictated, and in the end actually wrote the damn thing for him, one page letters to various parties for over a year, and still managed to keep him in the house for over three years. So do not discount the power of the private!!!!
I have managed to keep four businesses from throwing me out of one house after fraudclosure over 5 years ago, by presenting the fraud that is so obvious on the record and they take a pass, hand it off to the next one. (they have no interest in any court battle themselves, so they move on to easy targets who refuse to turn off the TV and actually read the law, procedure etc.)
Remember, it is all about the little guys making a buck!!!! If they know it will take them months of litigation (remember that a fraudclosuer does not take away your other rights to the use of the property only a decision of the court as to the “equitable value”. They still need to do a writ of possession (which in many cases they completely skip, because you can start the whole process over again since they have no true claim or “right” to the property and you can fight them off for many years there too). When the low life schmuck who has already sold his soul for a JOB and the alleged “security” that comes with it, finds out he has to put work into something and actually “take” the property from you, they tend to go elsewhere. I show them the fraud and by laying it out properly along with things like 18 USC 241, 241 and 4 (misprision of Felony) and that I will be making them defendant….. because now they cannot say they did not know and became a knowing party to the crimes.. tends to dampen their spirits)
Turn the tables on them… they rely on people wanting to get it done and over with and not learning, getting frustrated etc (yes I went through all that and the depression for years knowing this is the very same country which I volunteered to put my life on the line for the protections of “Life, Liberty and Pursuit of Happiness” and is now the worst enemy we have… ourselves) But if you realize this is your newborn child which you need to raise and learn as you go and are in it for the long term you will be able to frustrate them, cost them precious resources, time etc and all the while craft-fully gathering prima facia evidence to be used when you’re ready to make your suit, your whole attitude will change form Victim to Victor. So be a “winner not a whiner”..
Once corruption no longer is profitable it will cease!!!!!!!! And by suing for millions (a friend mentor who has brought them to the payoff table in every property tax, theft of property under color of law, case he has filed) sooner or later the “Cost of doing business as usual” will no longer be “cost effective” and why not put a few buck in your pocket along with keeping your home. The payoffs to the judges and the leverage/power will cease and a huge wave of criminal charges will result.
Remember, THIS IS YOUR COUNTRY, YOUR JUDICIAL SYSTEM, YOUR COURTS, YOUR STATE OF AFFAIRS, YOURS NOT “THEIRS”!!!! IT IS YOUR MESS, YOUR RESPONSIBILITY, AND YOUR DUTY TO CLEAN IT UP FOR THE NEXT GENERATION!!!!
THE RIGHT TO HAVE AND BEAR ARMS IS A FUNDAMENTAL RIGHT, TO HAVE THE ARMS OF THE LAW AND BEAR THEM AT EVERY OPPORTUNITY!!
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Blessings… truthmonger6@gmail.com
Thanks DAV. Just being in the fight this long is a victory. Best to you!
roger!! how are you are you still in the fight? I am still as well
Tony depending on the state bank tactics have been to change jurisdictiin to federal courr for their advantage. Could be matter of state laws being stronger in some states or grinding people down witg their deep pockets or even specific judges history being pro bank. When you’re fighting for years and know truth of the fraud done to you hard to see how buyout Is a good deal. If you don’t have the facts or conviction or are looking for a way out of the trap getting something insteas of getting completely steamrolled could be the choice that has to be made. The only way to compare is if same issues, court, judge it seems..
If the courts are corrupt as e say they are a loss can be a win. This is a bigger fight than the buildings, “wins”.
Roger Chase also breached 2 loan mods with me that have never been told to the judge in the local court. I am in a loan mod again and waiting to see what the final mod will look like. If not happy I will expose them in the local court or federal court. Which is best? I was also part of a class action with chase for breach of contract and received nothing. They paid their way out as usual. I still have a couple of tricks up my sleeve too!
Fed court could also be a trap. You need to check out court like WA advocate lawyer said. Best way to turn the tables is TILA rescission. Check out Garfield’s post today.
https://livinglies.wordpress.com/2015/08/31/when-does-the-three-years-start-to-run-how-the-chain-of-claims-is-pure-wind/
Hammer, How can the fed court be a trap? Please explain as I’m considering filing one in fed court. My friend filed one via loan lawyers in Broward and got a reasonable buyout offer.
Bobbi I have Ice Legal
Possession of a furged document is a class 2 felony. Why aren’t these people being prosecuted
Because the banks have convinced the US Government that if they go down for this crime, which is the largest crime to EVER be perpetrated in the HISTORY of the United States, then the US Economy will effect the entire world, the oceans will overflow and the mountains will crumble! There can be no other reason that this crime is being allowed by the Courts and Judges! It’s beyond what many on this site even know…file lawsuits against the banks attempting to steal your homes in Federal Court…the lower Courts are NOT the way! I know this because it happened to me on 2 homes, one in California and one in Florida….same story in both States! My suggestion? STOP fighting in the Curcuit Courts and District Courts….Step up to the Federal Court and accuse the banks of using forged documents in order to win your home, which by the way, has been paid in full by the “DEFAULT INSURANCE POLICIES the banks took out on every single home they illegally past through the banks replacement to the County Recorder, MERS…63 million homes people…this crime will take some 20 years to grab that many homes!! STOP your nightmare by searching for Notary signatures, IT DOESN’T MATTER…STOP thinking you will get justice because all the fraud you found….it just doesn’t matter!! That’s what I learned and I share with everyone who is going through it!
I am in Texas and getting ready to file a suit. I have 10 years worth of documents. You name it the mortgage company did it. Glad I seen your post as I was wondering which way to go. I have seen comments to file only in district but I really didn’t think that would work. Banking is Federal.
I have Ice Legal
After loosing 2 homes to fraudulent foreclosures and the Florida Courts allowing it to happen, despite mounds of forgery, the only way to really fight is to get out of the Courts being used by the banks attorney’s…FILE YOUR OWN LAWSUIT in FEDERAL COURT naming the banks attempting to steal your home! While you are in the Circuit Courts, you can’t win, even in the Appeal Courts….STOP your own nightmares and sue the shit out of them as the PLAINTIFF…I only wish I had been given this advice when I was fighting in the wrong Courts….The Judges in Federal Court have not been bought off….yet! Fight in another direction cause this way…DOES NOT WORK FOR THE HOMEOWNERS…..
since 2009, chase cant use any honest lawyers. here in broward county, their attorneys all have unclean hands. they are either ignorant or liars and I believe they are both. good luck!
Thanks Tricia. It’s been a long hard fight. Your right it’s taken its toll on both of us. We to court dates set in June that were cancelled and nothing rescheduled Chases attorney , Ronald Wolfe and Associates signed a new attorney to our case. They have harassed me with summons for cancelled court dates twice. Bank of America pulled all their foreclosures from their firm. The leopards spots don’t change because the people involved start a new company. We are going after them for unclean hands and have a really strong case How long have you been fighting them ?
kent, sorry to hear about your wife, but this is what these banks have done to people’s lives and they must pay. the house next to mine , I know the bank has lost a lot of money and now an investor has bought it and will rent it out using airbnb. my neighborhood is all rental now where it used to be all stable families. I have fought chase for years too with albertelli being the latest corrupt attorney on chases payroll. they are so incompetent. it is so frustrating.
Tricia the problem is that most of foreclosures they got away with. The few of us that has decided to fight are getting banged up in the court system. My wife and I are now in our 7th year and this passed February my wife attempted suicude. It has taken a major toll on her. The original law firm for Chase was Florida Default Law Group. Google them for a good laugh. Their senior partner bought them after the State Attorney Generals office went after them. Nothing happened though. Our state recieved millions from Chase in a settlement of wrong doings but yet here we sit still stuck in the court system I have had a. attorney for almost 4 years. Statue of limitations have ran out too
Kent – I am in my 8th year with Chase and also has the Ronald Wolfe & Assoc (yes, the old Florida Default Law Group). They also keep changing attorneys and cancelling court dates. Who is your attorney representing you?
Robo-hobos and deposed despot super-stampers are abundant in everyones paperwork.
I beleive your government is furthering this fraud through the courts.
I believe that the banks are paying off judges with satisfactions of mortgage being filed by MERS.
As insurmontable as the battle appears, you owe it to your family, your neighbors, and yourself to fight these bastards at every turn.
You will lose your house in the end, but the longer you stay and fight the fraud, antagonize the corrupt courts, and force the foreclosure-mills to keep generating forged notes and assignments, you’re winning.
I don’t see how u r winning if u lose your house. Anyone who has been thru this knows already how corrupt the banks, attorneys and judges r. If u want to win in the courtroom. U have to learn to think like they think and maybe u will keep ur house but it’s a helluva fight and it will wear u out mentally and physically when u r the lone warrior with a lying and manipulative swarm around u. But I agree u should keep up the good fight because hopefully and eventually the right people with the right kind of power will take notice and put an end to ruining ” the American Dream “of home ownership for those who still believe in it.
I won because I fought and kept the roof over my families’ collective heads for 11 years in spite of Wells Fargo trying to default this illegal loan. Did it pro se for four, with a lawyer for four, in the most corrupt districts in the country. The mathematical tally is one thing (last payment July 08 less 9 pmts over 2 breached mods), the other thing is that we’ve put lots and lots of people on notice. There are still causes of action left to be fought in state court. Waiting on another foreclosure.
The moral of the story is that the battle continues and wins are there. LOOK AT FLORIDA, FOR GOD’S SAKE. You will never hear about the “victories” elsewhere because of settlements under seal.Only published smackdowns get the press, and those are very, very few indeed.
I feel as though I did my share, I learned more than I ever cared to about securities, property and mortgage law, and helped numerous people stay in their homes. Once I even got to the point of arguing with an attorney over a homeowners’ case and came dangerously close to practicing law without a license. Big trouble there.
My time has come to move on. My choice, not theirs. I have a couple tricks up my sleeve yet, but I won already.
@ rogerrinaldi – Roger , how can you say you ‘won’ when the 7th Circuit State of Appeals denied your claim in February of this year? (http://caselaw.findlaw.com/us-7th-circuit/1692062.html). According to the record even your attorney was sanctioned with a fine. I don’t think that filing for bankruptcy and then having it reversed helped your situation at all; in fact, it infuriated the Florida courts even more. And this was a WIN?
@ Bobbi Swann: How can I infuriate the Florida Courts? I’m in Wisconsin. Any time a judge calls you “frivolous”, you know you’re on the right track. The “frivolous submission” was the Wells Fargo Foreclosure Attorney Manual.
@ Usedkarguy – unless you are the same person as rogerrinaldi that comment does not apply to you. It was directed to rogerrinaldi. I was referring to the 7th District Court of Appeals (Florida) for the case against Roger Rinaldi. Are you using two different usernames on this site and are you the one in the same Roger Rinaldi? Not quite sure why usedkarguy would respond to a posting directled to rogerrinaldi….
@Swann…..Sorry you’re slow. I am Roger Rinaldi. The usedkarguy handle has been been there for many years, Bobbi. I have a wordpress blog with my name (neglected lately, sorry readers). I just happened to be in the browser that keeps my live feeds going when I commented.
The judges purposely misconstrued the record, no matter how many times we re-iterated the truth.
How can a judge sitting on a foreclosure case that was closed in 2010 possibly find nothing wrong with assignments filed in 2011?
How can a judge (Kelly) state that “The Wells Fargo Home Equity Asset-Backed Certificates Trust OR ANY SIMILARLY NAMED TRUST may proceed against the Rinaldi’s in foreclosure”???? HUH? Then Stadtmueller confirms. We’ve had multiple non-existent entities filing against us for 7 years. The correctly named entity was only used after we jammed it down their collective throats.
When the cause is just and the fraud reaches into the judiciaries own retirement plans, no other results can be expected.
Unbelievably, the rulings are now a matter of law, like “In re: Edwards”, where the court stated the maker can’t object to their own signature.
Easy to blame myself, my attorney, and the rotation of the Earth, but because my case was so well documented any effort to get to evidentiary hearings was blocked multiple times. They knew this was a landmark case, and did their jobs by violating the Constitution.
Is it possible to visit your case online? I’m specially trying to find help surfing pacer…… thx. Chris >>> futex@hotmail.com
Yes Tricia she is. Brian Bly was the notary from Citi to Chase verifying robo signers and Ashley L Bond verifying robo signers from Chase to JPMC Specialty Mortgage. While her signature looks similar I found 3 documents that look completely different
We had a very similar issue with the notary Chase used. We have seen several documents she has signed and notarized. There are a few that you can clearly tell were not her. I believe what is going on is they are actually sitting in basically a call center in Ohio somewhere passing around notary stamps and using them. So, the actually notary rarely ever signs the documents. When I wanted to file a complaint about the notary I was directed to the county where she lived. Man was the lady that Clerk of Courts who over sees that stuff a piece of work. I think she and the lady I was complaining about were probably friends. I got no where, expect that they stated she verified she signed it. They seriously did nothing. I have an entire mail and email exchange with the Clerk that lead me to believe she didn’t really care that Chase was scam. Chase is the largest employer in that county. Plus her husband was some kind of lobbyist.
Good lord Bryan Bly was a definite known robo-signer. I have seen his name everywhere. I think there might have even been a couple court case. But I cannot remember for sure.
Anyway good luck…
Do you know anything about Ashley L Bond ?
Kent, is Ashley L Bond supposed to be a notary? If so what state is she out of? If it is Ohio or Louisiana, the information can be easily looked up online. Ok, I found her, it looks like her commission is out of Ohio. You can search for her here: http://www.sos.state.oh.us/recordsIndexes/Notary/Search.aspx. Her commission # 2013-RE-477083. Ok, so if you want to get a copy of her application for signature verification you will have to contact the notary commission office in Ohio.
Next, you might also just try googling her name with the word notary after it. I did and a couple of documents she signed came up. There are probably more.
How do you know Chase uses fake notaries ?
Kent, I am not sure who you are responding to but I wouldn’t actually call the notaries Chase uses fake. I would call them robosigners. I have verified with the notary commissions in each state Chase has used notaries from that the notary on the documents is actually a notary. I have also asked to have a copy of the application sent for verification of signature. This is why is say they are robo-signers. On one document it is clear that the notary was not likely the person that actually signed the document. I have found several other documents singed supposedly by the same notary. The signature is similar but not the same, one document you can barely tell who the person what that signed it.
Truthfully, in my opinion, what Chase is doing is hiring a notary and then lots of people are using the notaries stamp and signing the notaries name.
The lady I spoke to at the Ohio notary commission, asked flat out why I was requesting a copy of the particular notary’s application because they had had tones of people request it. That right there tells me if there are that many requests and this notary has supposedly signed so many documents, I would question whether or not the notary really signed all the documents.
Sent a written request to that notary asking for verification, a copy of her log book, showing she actually signed the document. Never heard word one from that notary.
Asked the same of another notary on a Chase document, We got a nice form letter from Chase themselves. Mind you we mailed the letter to the notary’s address not a Chase address. She didn’t supply the information requested either.
Plus, there are known robo-signing notaries. You can google and find them.
Commercial banks are counterfeiting the money they use for credit extensions. This is basic because of Article 1 section 8 clause 5 which essentially gives authority to congress to manage the money supply.
I have JPMC Specialty Mortgage LLC. Do you know anything about them ?
I got a lot of calls from Aames Home Loan from this number (800) 737-1192 this spring and summer. Turns out that number belongs to Residential Credit Solutions, a lousy little servicer in TX. They were bought in 2013 by American Capital.
http://www.housingwire.com/articles/27742-its-official-american-capital-buys-residential-credit-solutions
To Dangeroosdave:
Chase Home Finance, Inc. was a direct subsidiary of JPMCB, N.A., Chase Home Finance, LLC was a “direct subsidiary” of Chase Home Finance, Inc., but an “indirect subsidiary” to JPMCB, N.A. prior to the May 1, 2011 merger. CHF, LLC was not a FDIC member and the merger could not transpire until CHF, LLC became a FDIC member.
Although, CHF, LLC claimed to be the owner & holder of the alleged Note, it also, alleged to be an “indirect subsidiary” of JPMCB, N.A. in 2009.
Who got bailed out with Tarp funds or insurance funds when JPMCB didn’t claim to be the owner & holder of the loan or CHF, LLC who was not a FDIC member, but claimed to be the owner and holder of the loan ?
Who is Joseph A Smith ?
He’s in charge of making sure banks fulfill the National Mortgage Settlement. Download the Consent Judgement Chase signed and there are guidelines there that deal with broken chain of title, single point of contact, robosigning. He may be getting ready to say the settlements are complete unless it’s too late and he already did.
And don’t give up. They really do not know which end is up.
kent- Chase home finance is one of the dba’s of JPM/Chase. They have reached a consent judgment and turned all their disputes over to the administrator Joseph A Smith. File your complaint with Joseph Smith, the squeaky wheel gets the grease!
Dangeroosdave – Chase Home Finance is not a dba of Chase. There was a Merger in 2011 of JPMCB and Chase Home Finance LLC in 2011. In essence, Chase Home Finance LLC no longer exists. You can verify this information with the OCC. I have it in writing from them from my own case. My foreclosure has been going on since 2007 and in October we will finally get to depositions. Beware, Chase and all of their cronies are as crooked as a bucket of snakes! Almost every case I read about on this blog is with Chase. The Courts are oblivious to their (illegal) tactics of Foreclosure and mind you, they don’t pay a hill of beans to any previous order or the threats of fines. Why would they? One of the largest controlling banking institutions in the country who bankrolls just about every elected official, including Judges! We are all living in a myriad of false promises. We’ve been fed to believe that justice prevails for all. The truth of it all lies in nothing but PURE greed. The thirst for power has overtaken every aspect of our constitution. What can we as defendants do to thrust out the evil in our ‘justice’ system when we are so far outnumbered in that power chain? Judges and all politicians are bought and sold by the major contributors in their campaign….so you tell me, who’s gonna win?
Yes, the judges are bought and sold, during elections. In this case I am representing USAG, and have met all the notice requirements to do so. Yes, I’m in a non-judicial state, another aspect of my claim, although my counterparty does business in 45 other states and I am representing that class, wherever that may be. I believe such actions need to be forbidden. So far, we’ve accumulated ~2700 pages of discussion of the issue, which is based on wrongful foreclosure, but has now accumulated many other issues. I believe the appellate judge panel at 5USCA is trying to figure out who wants to sign their name on an opinion (either majority or minority) that juries are no longer necessary in America. All of our discussion is complete. I have already prepared my draft writ of certiorari for SCOTUS. From looking at the SCOTUS dockets going back to Alexander Hamilton days, I think I have a 50% probability of prevailing. It seems like a unique legal issue of timely social interest. I’m willing to spend another $300 to find out.
Mine has been going on since 2009 with Chase Home Finance any suggestions
thanks Tricia
I have been doing battle with jpmc since 2007. I have filed over 60 complaints against Oh 4 unit of jpmc in Gahanna Ohio their loss mitigation unit portraying themselves as a mortgage servicing unit. One of these complaints was for extortion grand larceny fraud robo-signing and forgery fraudulent loan origination and unilateral loan modifications/new loan origination. So far three senior vice presidents have been fired or left as a results. Us cfpb RICHARD CORDRAY allegedly refuses to publish my complaints and has not allowed any zip code higher than 98680 to publish any chase complaint. I am afraid that we have a major cover up of chase misconduct regarding mortgage servicing and manufactured defaults and large scale confiscation of our mortgage payments by chase in their so called loss mitigation department run by SVP KEVIN WATTERS . THE FRAUD PONZI SCHEME THAT CHASE IS RUNNING IS WELL OVER A TRILLION DOLLARS IN REFERENCE TO MORTGAGES AND DERIVATIVE HEDGE BETS TIED TO FRAUDCLOSURES.
how do you check a notary out? frontncenter. plus I did get a modification thru the 1st NACA and it only took 2 weeks.
Each state has some type of notary commission. Most of which you can look up online. If you are dealing with Chase, most of the notaries are our of Ohio and Louisianian, both of which will send you un-certified copies of the notaries applications. If you need it for court you will need to pay for the certified copy. I have looked up several notaries even spoken to the notary commission in Ohio, nice lady. You should be able to tell you if the notary has had any complaints against them. The lady from the notary commission in Ohio asked me why I was requesting the information because they had had tons of request for that particular notary. If you need help finding where to look up a notary just post what state they are from and I can sure help find a link.
Yes I do. Chase bank has the assignment but Chase home finance filed foreclosure in April of 2009. Chase home Finance didn’t have an assignment until November of 2009
Hello Kent if you are facing foreclosure we can help. We are not attorneys but we do use unique and legal remedy proven to free homes from foreclosure. Contact us at mastersofhomefreedom@yahoo.com And look us up on Facebook at Masters Of Home Freedom. Thank you for your time.
About six years ago, I went to Joshua Denbeaux’s office in N.J. where he told me that I didn’t a case. I’m still fighting this Chase Home Finance, LLC case as a pro se. Four years ago, I went to his office again on another foreclosure case and again he told me that I didn’t have a case. I’m still fighting both cases as a pro se. My first attorney got disbarred(not any of my doing) and the second attorney got reprimanded by the N.J. Supreme Court(not any of my doing) twice. My third attorney tried to throw me under the bus before he filed a motion on my behalf. You would think I would learn my lesson by now. The only attorney who has had more than one successful cases in N.J. is Jeff Barnes who is not even from N.J.
8 years ago the first attorney who knew what was going on told me $20,000 up front. Interviewed 15 more, one charged me $500 to tell me to give up. Paid a scammer $1000 for bullshit (MS). Found a real attorney who understood the issue, partnered with her, called the banks and attorneys racketeers and forgers, now the judges and OLR are out to get HER AND ME! Why? Because the truth will not set you free. The system in place is there to protect the banks at all costs. The DOJ (which includes all the bankruptcy trustees and attorneys who prosecute bankruptcy fraud) are only interested in helping the banks steal the homes of the citizenry.
THEORY: The US Government will be forced to pay off the Chinese in American real property when the country defaults in order to avoid war.
THEORY #2: Fannie and Freddie were bankrupted to pay for the wars waged to protect the petro-dollar.
THEORY #3: With Obama the Anti-Christ successfully executing his lame-duck “kill the Constitution” continuum and the willingly corrupt Supreme Court and CONgress, our Country is failing before our very eyes.
I’ve been fighting Chase Home Finance for now going into the 7 th year. I retained Ice Legal about 4 years ago and they are great. Stratus on my case is all the court dates to go to trial in Kune were cancelled. I thing more is scheduled at this time
Sounds like maybe your lawyer doesn’t know as much you think she does
I too went to Joshua Denbeaux in NJ, same scenario, like you, once and than again a few years later. He told me I wasn’t going to win my case. I went back the second time because I had more exact information. He accused me of taking up his time and that I wanted free legal information. I found him arrogant and insulting. The other few attorneys that I went to, basically wanted to help me with a modification, (which I could do myself) and the few attorneys who found major flaws in my mortgage, (one a real estate attorney) said I need a litigation attorney and it would cost me at least $50,000.00 to litigate my case in court. I too am pro se, still, even though I desperately need an attorney. I think the problem is foreclosure cases involve so many areas of law that a lot of these attorneys are not, or will not take the time to review and apply the proper laws or because they do not have the expertise of those particular area of law.
Mary L,
Do you also have Chase Home Finance, LLC as the plaintiff ?
the problem is the banks have bottomless checking accounts to pay their lawyers to wear your lawyer out.
Yes there are many areas of law in foreclosure cases but so is true in many types of civil cases but If you are the plaintiff litigating against a foreclosure action the bank already has control of your money (the property) to use for litigation in addition If it is a reverse or other HUD mortgage with Mortgage insurance they have funds from the U.S. tax payer when they file a claim against the insurance for their need (term “need” used very loosely here) to foreclose on a defaulting property to use for litigation and then if they are like ONEWEST BANK, NA (formally ONEWEST BANK, FSB and now are CIT, NA ) who made a deal with the FDIC to cover 80% of their losses figured at the original value of the mortgages that they picked up at 40% of original value from the failed bank Indy Mac or actually from the FDIC who had control of Indy Mac so they made 40 cents on every dollar they show as losses to use for litigation too. You have whatever they may have left in your pocket to litigate with. I thought I might mention that Indy Mac as ONEWEST BANK are subsidiaries of IMB. Holding To give you a prospective I will use my cause a real value of the property is $220,000. They have $119,000 invested. Between the mortgage insurance and the FDIC they collected $680,000 thus they have $561,000 to use for litigation. They are using your money that paid the mortgage insurance, your money that paid your taxes that they collect through the FDIC. Are you going to spend $500,000 to get back a property worth $220,000? The bank will because it’s your money they are spending. There are no loses being incurred by the bank and everything left over is pure profit. This abuse cannot be stopped through litigation. There flow of money must be stopped and the only way to do that is through the congress and the senate. So start sending letters to your representatives daily, weekly, monthly but no matter just start sending them. We must change the rules so the banks and corporate powers can’t use our money to continue robbing us of what we try and build for our families. This is why it is hard to find a good attorney that knows the laws to represent these type of cases is because they do know the laws and they know that even with a good solid case the bank will litigate it until there is no value left for their client to recover. Especially with the attorney fees pushed beyond their value which these corporate entities do intentional and with your money. This is what I have found is Happening, what I believe to be the problem and a way to start to get rid of the problem. If someone has a better solution please let me know because I am in this to the end. I may have surrendered my battle today that I have been Pro Per Si in since Sept 2011 but I have realized that they are not funding their battle and would continue until there was no value left for me to win so I loose even if I win. I only gave up that battle and got about half of my out of pocket cost back but I am not going away. I will be talking to the vice president of CIT, NA (ONEWEST BANK, NA) again but on my terms next time.
Brother…the congress and senate are in with them. I’m fighting too. I know. Obama (and I’m black) is a joke. So if he is a joke, what will Hillary or Bernie be?? They are in the pockets of the banks too. So our best bet is to confront Trump (who’s companies have received many bailouts from the banks via bankruptcy) and make them all respond to his answer. If trump is in your area, ask him on record what he would do to stop bank foreclosures.
Hi Mary – Statistically, it is very unlikely that you will find a lawyer to win a judgment, which is why I am also pro se. I have spent $300 in filing fees and a few hundred in printing. My counterparties, a publicly traded corporation, appropriates $50M per quarter in legal expenses to continue his operation. I have eight attorneys appearing against me. My strategy is to put this case before a JURY before I die. In a dispute in America exceeding $20, that is your bedrock legal right. A jury is not bound by the 1750 pages of RESPA 2015, or the 450 pages of public comment, or the 250 pages of interpretations. A jury is authorized to seek justice, wherever it may lie.
@ Dangeroosdave – Sorry to burst your bubble but if your foreclosure is in a non-judicial state you won’t even appear before a Judge and if you are in a judicial state (like Florida) two reasons why you will never get a JURY trial: 1) you signed away your rights to a jury trial within your mortgage; and 2) foreclosures in judicial states are equitable actions meaning you can have a trial but only before a Judge. It’s not county by county for judicial states, it’s statewide. On the flip side, you can countersue for other actions that MAY allow a jury trial. Again, who has the resources from a defendant’s side to consider such actions? Finding an attorney who will represent you on a “I’ll collect my fee when we win” is more kindred to MLK’s I have a dream.
David Strauss ft lauderdale another do nothing attorney. It’s all about the stall tactic and leave the borrower broke so the bank can steal your home and the lawyer steal your money. Biggest scam going on. NACA in Miami today if anyone interested in saving their home.
Richard Carey in West Palm Beach ! If you see him, run! Nice guy but awful lawyer. Paid this guy 3500.00 and he did nothing but file a few motions. Came time for trial and the guy didn’t even show up. That’s right….NO SHOW! The judge called him from the courtroom and scolded him. Gave me leave to find a new lawyer. I went to Ice Legal and found two great attorneys Thomas Prestia, and Scott Holtz who now have their own law firm in South Florida. These are Real trial attorney and GRILLED the banks witnesses. They kept me in my home, but case is not over.
Oh, then Richard Carey shows up on our Real Estate Investors itinerary as a guess speaker on probate! I did not attend , but I told everyone he didn’t show for trial. They never invited him back.
Then a year later, we were in court for a motion and guess who is also there? Richard Carey. This guy was actually trying to take an old widow‘s home they got via probate. I couldn’t not believe it. This MF was trying to take an old lady’s home who had just lost her husband and going through probate. He looked at me as he was leaving the courtroom and I just shook my head. First you are “ helping people save homes” now you taking homes for profit. What a jerk and awful lawyer. He didn’t even look comfortable in court.
I should have file a bar complaint because the judge noted everything on the record, including the phone call to Carey’s office and said I should get a refund. But I just let it go. Don’t have time for evil people like him. God will take care of him. RICHARD CAREY !
Tery, you sound knowledgeable on foreclosure litigation. I normally have a really hard time finding people to have smart conversation on the subject. I’m 4+ years holding on my case against Wells. If you are a “make things happen” type of person, it is always great to learn new things from proactive people like me – YOUAREIN at OUTLOOK, COM, AU
I met attorney David Straus a couple of years ago, I paid him to review my case, he is a creep, lazy, stupid and arrogant, he it as worthless as tits on a bore, stay away from that loser, if I had listened to him, I would of lost my case,
There’s 2 NACA’s. STAY FAR AWAY FROM “Neighborhood Assistance Corporation of America” not the “National Association of Consumer Advocates”
The 1st ones are work for the Banks. They claim to be non profit but the Banks pay them millions to stall and give the runaround. You will end up worse. Do not do a Modification or your done. Make them show you the original paperwork. You have every right to see it. NOT COPIES… ORIGINALS! If they can’t or won’t provide it tell them to go FU(% themselves.
i have been fighting chase for years. I have also uncovered what they are doing in broward county florida. no wonder we have such a supply shortage here. jp morgan chase is holding the mortgages for all of blackstone properties. they own over a 1000 properties in brward, wall street has moved to broward county florida.
I am in Broward County, Florida…am very accessible to Miami-Dade and West Palm Beach as well, know my way around and have many contacts and resources…
if anyone would like my help, please let me know
my email is reachth@yahoo.com
my cell phone (954) 882-0009
Tom Heinrich
I have just received an email announcing an event in Dallas, Thursday, September 17, 2015 – Friday, September 18, 2015 that could be a great opportunity to “protest” the mass fraud being perpetrated on the millions of homeowners under attack. The conference, AMERICAN CONFERENCE INSTITUTE is presenting a forum headed “Residential Mortgage Litigation & Regulatory Enforcement” explaining to “Attend to benchmark your current strategies, learn the latest Government enforcement and regulatory priorities, and get judicial insights from top federal and state judges.” Check it out yourselves at: http://americanconference.com/2016/804/residential-mortgage-litigation-regulatory-enforcement
The cost to actually attend is $2,000, however, an occupy style protest would be an ideal opportunity for those of you who are fighting in the great State of Texas. I’ve lost 2 homes to this foreclosure fraud and certainly cannot afford to be there myself from Florida, however, if this actually posts on this site, I strongly urge this protest with signs exposing the fraud and the facts of their continued strategies of “how to steal our homes through the litigation processes that will be going on during this one day event at the DALLAS MARRIOTT CITY CENTER…..It’s unbelievable that the lawlessness is still going on!! Fight all you can or America will be a homeless civilization! email me at elysedelfrancia@gmail.com
$2000 to attend a protest and you don’t see nothing wrong that? No wonder you lost 2 houses to this foreclosure mess.. Your not very bright.
I am alerting the board and innocent citizens that are seeking representation. Joshua Denbeaux a NJ lawyer is a crook and very dis-honest! He is scamming homeowners not defending them in the process whatsoever he is shadier than a character in a movie. It seems he must be a shill for the banks. If anyone else has been through the same experience with him or his firm please post to the board as a class action suit is in the works to take him down he is worse than the banks he is destroying innocent people on their last legs and stealing their last pennies. It does not get any more evil than this folks!
Unfortunately, there are more than a few NJ lawyers who have taken advantage of the foreclosure gravy-train only to, ultimately, compound the homeowner’s hardship. While I did not retain Denbeaux, I had some experience with him and retained others that left me in a worse position than I was in before they got involved. Most of these lawyers have no litigation skills and can do no more than stall the process until they have bled you dry. If you can align with others who have retained the same lawyer with similar experiences, then, perhaps, you can get a mass joinder complaint filed. At the very least, I hope that you file for Fee Arbitration and then, file an Ethics complaint. At the very least, you may get some peace for your pain in knowing that you took some type of action.
I would like to know if you reported Joshua Denbeaux to the board because he was our attorney for a foreclosure case with Chase Home Finance LLC. Chase was ordered to pay $7000 in counsel fees for motion for sanctions pursaunt to the frivolus litigation rule and statue ; and ordered by the judge to reinstate the loan in 2011 and it never happen . There was a mediation with meeting with Chase and our attorney and myself and my husband and the mediation judge in January 2015 and the case was settled and we were told by our attorney Joshua Denbeaux that Chase can take us back to foreclosure.
We have not filed a complaint with the board yet. We at this point feel the whole judicial system is a 100% fraud. We watched this first hand the judge, bank attorneys (even the police as our home was robbed by the banks contractors and they would not do anything, sent us to trenton to get even a police report) are all in on it and I feel the fight against banks is over. Denbeaux is actively gaming the system with a little niche himself just wants your money each month pushes around your paperwork with no intention of litigating he is the “sleezy car salesman” lie after lie selling homeowners he will help, he will not, you will chase him for truth he will get angry and twitch and crawl out of his skin till you give up . I would have no faith that a complaint to AG or Board would be any different. A possible class action against Denbeaux may have enough juice. All these men defrauding homeowners are in on it, at this point even an insider whistleblower wouldnt even make it to the press who has virtually ignored one of the biggest crimes I have ever seen in my lifetime.
Hello Mary, I have/had Chase Home Finance, LLC for six years in N.J. and was wondering how you settled with them. They changed to Seterus early this year.
Eugene (AFN)
I am curious too Eugene. Chase concealed a loan mod from the courts here in Florida and the date on the summons was wrong because they led me to believe I was in a hamp modification for 11 mths. and then they reneged. I was trying to get a copy for two yrs to show the courts and they ignored my requests. I finally received it 2 days later after they got judgement. It was all blacked out like they had highlighted it somehow so it would not be found. I was also in fed lawsuit where chase had breached all these loan mods but as usual it was a payoff and we got nothing.
Have you alerting the board about Joshua Denbeaux yet because he was my attorney and didnot finish the case but got payed .Chase was given motions for sanction pursuant to the frivolous litigation rule and status; I think he is all the thing’s you said.
Okay, so here’s one for the books. Aames Home Loan was granted a writ of possession today. Choice Legal Group (formerly Watson) brought suit some years ago in the fictitious name of Aames Home Loan, which was the DBA of Aames Funding. Neither has been viable for years, yet the suit continued. In all of these years we have never been able to find out who Choice Legal was representing. As of 2012, I am Aames Home Loan. I am not the loan servicer of long ago. I own the fictitious name in Florida. Subsequently, Choice Legal filed for title to Aames Home Loan in c/o their offices (nothing smells fishy about that!). Most recently McCalla Raymer, another law firm became “co-counsel” (huh?) and filed for writ of possession, which was granted. So now the phantom Aames Home Loan, expired fictitious name, has the legal the ability to own real property! McCalla Raymer would not say who Aames Home Loan is either, just that “someone is paying them”.
Most States have specific Statutes that prevent banks from using d/b/a/ or fictitious names in their real estate consumer loans. In any event, since you own the name that the Judgment is in, you now own the Judgment. When the Sheriff arrives, you present him with your name certificate, state that you won the judgment, and you did not hire that sheriff to evict yourself. if the document is a “certified copy” of your name registration then the sheriff is more likely than not to say, “This is a screw-up, I am not touching this one.”
I recall Aames Funding sits in the Los Angeles area. It was a small brokerage, not a funder, so they are possibly out of business today.
If you c an confirm Aames Funding is out of business, and you own the name in Florida, then you have the basis for an interesting suit against McCalla Raymer (whom I loathe), since they are advancing litigation without a retainer agreement from the entity they claim to represent in court. And that should be interesting.
The judge said it was interesting too, and then issued a second writ of possession, also forbidding any additional affidavits or filings in the foreclosure case. It is being appealed and additional law suits are being considered. Upshot is I am sleeping on the neighbor’s sofa. I was told by the sheriff’s deputy that they had to bring my things out and I would have 24 hours to retrieve them from the front lawn. The locked valuable things up until the clock ran out and carted them away. My furniture was broken up on the lawn before being hauled away, things that I’d packed and was unable to remove from the house prior-to eviction, were dumped and the bins filled with debris, anything metal was hauled off (vintage lawn furniture, plant stands, file cabinets, a side-by-side fridge, and two small refrigerators, tools, ladders, scuba tanks, aluminum oars, etc.), they would not let me have my freestanding rubbermaid sheds (3) or contents. One of the crew, an absolute moron, tried to have me arrested for trespassing when I took pictures of the trailers (from the street and sidewalk – so false police report) before they left (btw, their trucks were not marked with contractor licensing information). The notice said “bank owned” which it is not. The Calwell Banker person who came with the sheriff said it was a “servicer” and could “not divulge servicer’s name”. There is a for sale sign on the lawn as of yesterday. It’s disgusting. McCalla Raymer was co counsel. Choice Legal Group (FORMERLY MARSHALL C WATSON Law Firm) was initially counsel. Interesting indeed!
Where are you? Not Palm beach for sure
I have been battling JPMC specialty mortgage for 0ver six years and its just now going to trial . All transfers from my original mortgage company to citiband and then to Chase were done by robo signers . Citibanks assignment has no signatures only initials . The notary also initialed instead of signing . Anyone else in the same sitiuation ?
Somewhat close to yours, Kent. I’m: YOUAREIN@OUTLOOK.COM.AU
Have you checked the notaries registrations? Most people have not done this 1 simple thing. Chase uses fake notaries.
BEN HOWARD BEATS HSBC IN COURT… AGAIN !!!
Ben, who won at trial and obtained the services of four respected attorneys in his battle to defend his home from foreclosure by HSBC – entitling him to have HSBC pay all of his attorneys fees, including the ones who previously had been dismissed by Florida Attorney General Pam Bondi (Theresa Edwards and June Clarkson ) for being too effective in uncovering wrongdoing by the Banksters and who authored a powerful paper on wrongdoing in Florida which was a little too sensitive and close to home for Bondi’s political supporters, , , .only to have HSBC then refuse to reimburse him for the fees of one of Ben’s attorneys, Kenneth Eric Trent ( known locally as the “Foreclosure Destroyer” who is the one who filed a monumental class action against Wells Fargo and also distributes parody Tshirts of the Banksters including one I myself happen wear all the time that changes the logo around just a tad and says CHITIBANK ) who was Ben’s attorney just prior to Ben employing respected Florida trial attorney Bruce Herman to actually finally try the case and who was the attorney who then actually won the case for Ben at trial.
HSBC was timely served a fee demand by Bruce Herman to recover all monies that Ben spent on all of his distinguished attorneys throughout his ordeal, but HSBC’s attorney convinced Bruce to enter into an agreed order with him on the fees telling Bruce that HSBC would rather pay each attorney separately and would do so. HSBC hoodwinked Herman into withdrawing Bens fee demand. Well, HSBC balked when it came to Trent. Trent sued on behalf of Ben and moved to have the original agreed order vacated and replaced by one that included himself so that Ben could finally collect the entire sum he spent, including the monies Ben spent for Trent.
Judge Lynn Rosenthal agreed, tossed the first agreement and entered a new Order that Trent requested, one which will make Ben whole without any further proceedings, including the money Ben spent on his current attorney who represented him at todays hearing, “Andy” (Andres) Lopez, another accomplished trial attorney.
HSBC spent a lot of money on IT’S new law firm that they (HSBC) replaced their original LOSING law firm with for todays proceeding ( ANOTHER losing law firm ), besides having to pay for Bens FIFTH attorney, Andy, who along with Ken Trent and Bruce Herman attended todays matter, which was transcribed for the State Bar, which was waiting for the results of todays hearing prior to deciding whether to refer charges up to the Florida Supreme Court in the matter for HSBC not reimbursing Ben the entire amount he paid on lawyers. Now Ben will get the remainder of his legal expenditures and HSBC will have to explain why it paid so much money to seven different law firms to lose its attempted foreclosure action, and has to pay Ben’s property insurance and real estate taxes for him as he lives in his most comfortable two story townhome by Florida’s remarkable beach.
Judge Rosenthal was gracious enough to allow me to sit at the head of the table to clearly video and audio record and report todays proceedings. The matter is available to you for review and is a wonderful example of how things should run during a proceeding, the decorum and efficacy of todays hearing was commendable.
Tom
Last March of 2014 I won in foreclosure with the Court of Palm Beach Conty ordering that the Bank had come to court with unclean hands… gave example of affirmative defence that says ‘fraud, breech of contract etc..etc… in the FJ. Now, I’m waiting for the Jury to award me y damages which is another trial by jury. I hope I live long enough to see one cent of my damages.
Love to read where others come out and stand firm. I have stood firm eight years.
cherane Pefley
Congratulations, Cherane! I am also claiming unclean hands against the bank. Can you tell me which aspects of unclean hands you used? They’ve practiced it a lot in my case. Thank you, John, Vermont
Great Stuff! can you or Ben contact me at: rwsi100@bellsouth.net I’m seeking help in my case.
hi cherane there is alot of people in florida who would like a counter suit can you find out if your lawyer wants more cliets? please join our facebook page fight fraudclosure florida. thank you
cherane, r u pro se or have an attorney. if u have attorney, please disclose. there r a lot of us in same position. broward cty, fl.
Tom, I will be in touch to better understand “… monumental class action against Wells Fargo …”
I recently attended a mortgage closing, at the invitation of one of the parties. The mortgagor dutifully reviewed and signed the 29 pages of mortgagese, the mortgagee was not present. I suggested we just write ABSENT – UNKNOWN REASONS in his spot, but everyone agreed he could just sign all the stuff later. Who would know who the notary might be. We came to the ten-day rescission and I suggested that be marked out and changed to three years, in accord with most recent SCUSA guidance, but nobody was familiar with the process of changing a preprinted agreement, so we skipped over that one too. In reality, I had a suspicion that the mortgagee had already assigned the Interest Rate Lock Commitment into a Collateralized Debt Obligation, and had already surrendered his individual collateral rights to any discrete parts of the CDO. I knew the new owners of the CDO had also renounced their individual collateral rights as defined by their investment prospectus, and the cash flow into the package was insured to AAA+ standards. Or at least BBc-.
In actuality, after securitization, NO ONE owns your property. If you live in it, care for it, and pay taxes…YOU OWN IT! Tell the sheriff to go home (actually our sheriff lives right next door to me). Everything after securitization is a SCAM, among free, knowledgeable, and over 21 investors. If someone appears to dispute this fact for more than $20, take your case to a JURY. Sue the bastards!
Dangeroosdave – I would imagine that you have not attended a mortgage/house closing before. The mortgagee (the lender) is never in attendance as they are represented by the selected title company representative, who should also be a notary. I have no clue what would have been signed by this mortgagee that you wanted to write in “absent – unknown reasons”. The note and mortgage is signed only by the borrower (mortgagor) and that person was indeed present. 10-day recission? There is no such thing as a 10-day recission; by Federal law on a refinance, the recission period is only 3 DAYS. Who in the world is SCUSA? Are you referring to RESPA? Also, lenders (mortgagees) don’t securitize a mortgage with a Rate Lock Commitment not do they use it for a CDO. Mortgage loans are sold in ‘POOLS’ and not on an individual basis. The rest of your post I’ve read and re-read and still cannot make any sense of it.
Bobbi its lms53 and yes a breach of contract is what they did to me with loan mod. They claimed they did not receive in time but a recent copy I got from chase shows they received the same day I fully executed my end. It also showed up two days after they got judgement on my house. Can I still file in courthouse? These bastards kno exactly what they did
Quick question, under the law a lender must give 90 notice to the borrower before filing a notice of pendency. Is this 90 business days or calendar days? The loan that is in question now has been sold! it gets better and better…
My bottom line is- is the mortgage loan being paid? Generally, with foreclosures, the answer is no. Billions of dollars in defaults across the land and everyone wants a free house. I’ve worked in the foreclosure field for years and I’ve heard so many allegations of false documentation and most of them, if not all, were nonsense. If you’re past due, you need to rectify it, by either bringing the loan current, selling the house, refinancing or something else equally responsible. It’s hard to respect someone who spends years (in some cases) not making a single payment and then complaining about documents.
You have no clue what you are talking about. Is the loan being paid ? I think the better question is why is it not being paid and who fault is it. Second, yes the bank is being paid because they have mortgage insurance that pays the full value of the loan soon as it is in default. This is why AIG almost went bankrupt, insuring these bank loans.
So this is what you get. The banks gets paid by the homeowner for years, until they can’t afford the bad loan terms and default, then they file the insurance claim and get paid face value of the ORIGINAL loan amount, then they take back the home and re-sale it at auction for even more profit. Hold on…it gets better! They have a judgment against the homeowner, so now they can go after them financially and get even more money!
Now do you see the game, it’s more profitable for the bank to foreclose than to modify. Wake up!
Moreover, if the banks had followed the law, they wouldn’t need to make fake documents! You think everyone wants a free house? WTF? 99% of people just want a FAIR modification, Since you have been in the foreclosure industry (kicking people out of their homes) for years, then please tell us how many times have you seen ANYONE get a free house? Rarely! If “everyone “ in foreclosure wanted free homes why are MILLIONS accepting BS modifications? You are ignorant to the facts. Sad that you have been drinking the bank’s Kool-Aid to believe those lies. You work for the worst crooks to grace this earth.
“I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs”.
Thomas Jefferson,
3rd president of US (1743 – 1826)
Nobody could have summed it up better not even Garfield. Plain and simple. They preyed on us way over valued properties and the loan mod was a scam from the get go. These large banks are nothing but bullies and greedy and dumps the liability on the homeowner for all of their well planned criminal actions. That b#### that thinks she knows so much needs to rot with the best of the banksters.
The banks years and courts think they can justify their criminal actions by calling the homeowner a deadbeat and funding the local scummy court system to foreclose. We r smarter than that!
Tony & LMS52 – both responses are excellent but you will never receive satisfaction that this numbskull who responded above will EVER come out of her coma. Just take note that the majority of the population are one of two things: 1) totally ignorant or 2) in the same state of coma that this woman is currently in. We all hold hope, as you would do with anyone in a coma, that they will ‘awake’ and come to their senses. LOL
??? so you did not hear what made most of the credit savey people stop paying their mortgages really? the banks were telling millions of homeowners that in roder to apply for a modification they had to be 90 days late. because of job losses, and losses of income homeowners complied. after the 90 days applying. the the games began, lost faxes, lost fed ex mailers, even lost files. everything and anything to not approve modifications. then they foreclose. so this is actually inclean hands, breach of contract. ect. they were given money for each hamp application homeowners filled out. telling homeowners lies and losing documents so homeowners had to reapply is fraud sorry. i can say no homeowner after the subprime mortgage crash in 2008 would voluntaruly stop paying tie rmortgages. after 2008 many of the mortgages were the 30 yr fixed mortgege these folks had the best credit rot hey could not get approved. these folks were given false statements by all the banks. free house???? the homes all lost more than 50% equity. many put money down and paid for years. the homes they have already been paid for. help homeowners dont be against homeowners
The notes live on regardless of whether or not the original borrower pays Read the note and notice it says “we are responsible” for the payment.That WE is the maker and the originator (seller). And with a fraudulent foreclosure, the homeowner is doing nothing wrong: he’s obligated to defend the title against false claims. The real party in interest is always the owner of the top-tier of the SPV. That also happens to be the servicer.It’s the intermediary relationships spelled out by the PSA that were never followed is what makes the transactions boid ab intio. Denise, there is no default . only servicing into default with the manipulated LIBOR rates application of fees collected by the servicer. The whole origination of “money” from digital “credits” supplied by European banks combined with investor money used to purchase assets that were never conveyed to the trust corpus was simply another variation of a securitization scam based on Ponzi scheme tactics. Wise up, Denise. Or are you a banker?.
HEY DENISE MAHER: WHAT IS A REAL ESTATE TORT?
WERE YOU DENIED A LOAN MOD BY OCWEN/WELLS FARGO?
DID YOU HAD YOUR HOME STOLEN WITH FALSE ASSIGNMENTS AND REAL ESTATE INSTRUMENTS?
WAS YOU HOME INVOLVED IN A ***Securitization (PSA) OF MORE THAN $4BILLION DLLS?
WERE YOUR TRUTH IN LENDING ALTER BY THE RE BROKER?
DID THE CROOKED BANK AKA SERVICER CLOSE YOUR MORTGAGE ACCT FOR NO REASON?
ARE YOU JUST TRYING TO CALL THE ATTENTION?
BECA– USE YOU SOUND LIKE A MORON! ..(a person who is notably stupid or lacking in good judgment)
WE ARE TIRED OF PEOPLE LIKE YOU TOO!
WHAT AN IDIOT YOU TURN OUT TO BE! LOL
GET A LIFE AND DON’T SPEAK OVER SOMETHING YOU DON’T HAVE AN IDEA!
YOU ARE A FOOL AND SINCE YOU MAKE MONEY WITH FORECLOSURES..
THEN WHAT CAN WE EXPECT FROM YOU?…JUST STOP YOU COMMENTS, REALLY, NO ONE HAS RESPECT FOR YOU!
The bottom line is NOT whether the foreclosure is being paid, in many cases it is exactly whether the documents are fraudulent, whether the proper party is foreclosing, etc. You will admit that if the wrong party takes your house you are still on the hook to the real party in interest? There are other factors too which may make a difference, and for the foreclosing party to manufacture documents IS wrong. Perhaps because you are in the industry it is difficult for you to understand, but I’m sure that if someone, or some corporation, screws you over you will understand the concept, even if you can’t relate it to forelosures.
First of all, you’re in New York. The judges are awake. second, you should hire an attorney. Once the phony documents start appearing, contest all and every document.
yup, have an attorney, but working with them…
the “lost note affidavit” has not been filed. and now they say they found it.
The judges are awake, thankfully. The system just seems to take forever
Hi everyone, anyone know if it’s required to file a lost note affidavit or lost assignment affidavit with the county clerk’s office in New York? Still dealing with a fraud case.. long story, but this bank gave us lost note and lost assignment affidavits but they aren’t in the county records. Oh, and they suddenly “found” the note and mortgage too. hmm
Useful notes about fees- Occasionally you will reach a watershed moment in your court dealings and a judge somewhere will authorize your counterparty to submit his fees for payment. You should always audit these fees to determine if they are usual, customary and reasonable, and that a service has in fact been rendered, and in fact a payment has been earned. Step 1 is to ask your counterparty for his letter of engagement with his customer. That generally ends the conversation. My counterparty’s client expends $50M per business quarter on legal services (which I know from reading his 10K report to the SEC), so if his client has already paid his fee (such as bulk purchase of undefined services per time period), I believe there is no need for me to pay it also. Double billing is always against the law, even for New Jersey eye doctors. If you do agree that the service has been provided, and earned, look at the value. For instance, we all pay $0.10/page to look at filings on PACER whenever we’re curious. That’s my maximum payment for a page of legal cr*p, whether it has been couriered across town or not. Nobody pays for e-mail, at least nobody I know. Could that page of legal cr*p have been e-mailed? Don’t pay anything. Whenever I do make a payment, I pay through PayPal, with a description of the bill, my audit findings, and the payment. That way everyone has a record, and the business dealing is transparent.
Since I’m not an attorney, and I don’t have a billing rate of my own, I just charge 1 bitcoin/day for whatever I do, for however long I do it. I find it reasonable, and bitcoins can go right to my phone, and I can get it whenever I want in whatever local currency I need… Sometimes these things take years. Costs pile up.
cookee, legal term is called Novation.
This could be our bible for fed law, settlements, Dodd Frank:
https://www.federalregister.gov/articles/2013/02/14/2013-01248/mortgage-servicing-rules-under-the-real-estate-settlement-procedures-act-regulation-x
great info hammertime. And dave, thanks for the servicing regulations. It took me a long time to read ..but will certainly come in handy. Thanks so you all for great links.
My statute of limitations is over so now the lender is trying to use other tactics to scare us. my attorney asked them why, if they are so confident that they own the mortgage, haven’t they filed a foreclosure? they aren’t the IRS, they can’t just keep tacking on interest and penalties until they see it’s time for a payday. My case is odd because I am representing the borrower and the borrower is suing the lender. (very few cases I can find in NY that I can use as precedent). The banks aren’t used to being sued, they like being the big guns..
Once the court determines who, if anyone, is the true owner of the note and mortgage, it’s time to file for a time barred response. I am grateful for your input. I hope to return the favor
Here’s another case with lessons learned. TX seriously needs a homeowner’s bill of rights.
http://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-20668-CV0.pdf
Very spot on post by Garfield today that verifies what we’ve been saying and can help in court, trial by ambush, due process violation:
snip
“…There is a huge difference between pleading and proof. AND standing means different things depending upon what you are looking at. If party files a complaint alleging the requirements of standing then the complaint will stand up to a motion to dismiss based upon standing. But if at trial they don’t prove standing, they lose.
The erroneous procedure I have seen at trial is that the standing issue has already been decided when the borrower filed the motion to dismiss. But that required the court to assume the allegations of the complaint were true —a presumption that definitely does not apply at trial. But Judges use it anyway because of the pressure to clear their docket. As a result, cases are not heard on the merits — they are tried by presumptions to which the banks and servicers are not entitled to use because the testimony and the exhibits are fabricated for trial and they have a long history of submitting fraudulent documents to courts across the country.
Hence the presumption of credibility, trustworthiness and authenticity should not apply and the servicer or bank or trustee must be required to prove the facts, which they cannot. Which is why the foreclosures all mostly wrongfully entered as judgments end up in a judicial sale despite the actual facts that would show that none of the parties in the chain relied upon by the foreclosing party actually have any interest in any of the transaction, any of the documents or any actual loan to the borrower.”
https://livinglies.wordpress.com/2015/03/30/fla-4th-dca-reverses-based-upon-trial-by-ambush/
Case doc
https://livinglies.files.wordpress.com/2015/03/4th-dca-reive-v-deutsch-trial-by-ambush-j-oftedal-reversed-doc032515-001.pdf
Good example of what we should be doing as a group
http://www.delawareonline.com/story/news/local/2015/03/30/foreclosure-victims-demand-money-settlements/70673508/
“Foreclosure victims to demand money from settlements”
Golden opportunity to enforce the rules if being tranferred or getting loan mod, refinanced
https://www.law.cornell.edu/cfr/text/24/3500.21
Mortgage servicing loan means a federally related mortgage loan, as that term is defined in § 3500.2, subject to the exemptions in § 3500.5, when the mortgage loan is secured by a first lien. The definition does not include subordinate lien loans or open-end lines of credit (home equity plans) covered by the Truth in Lending Act and Regulation Z, including open-end lines of credit secured by a first lien.
d 3
(3) Notices of Transfer; contents. The Notices of Transfer required under paragraph (d) of this section shall include the following information:
(i) The effective date of the transfer of servicing;
(ii) The name, consumer inquiry addresses (including, at the option of the servicer, a separate address where qualified written requests must be sent), and a toll-free or collect-call telephone number for an employee or department of the transferee servicer;
(iii) A toll-free or collect-call telephone number for an employee or department of the transferor servicer that can be contacted by the borrower for answers to servicing transfer inquiries;
(iv) The date on which the transferor servicer will cease to accept payments relating to the loan and the date on which the transferee servicer will begin to accept such payments. These dates shall either be the same or consecutive days;
(v) Information concerning any effect the transfer may have on the terms or the continued availability of mortgage life or disability insurance, or any other type of optional insurance, and any action the borrower must take to maintain coverage;
(vi) A statement that the transfer of servicing does not affect any other term or condition of the mortgage documents, other than terms directly related to the servicing of the loan; and
(vii) A statement of the borrower’s rights in connection with complaint resolution, including the information set forth in paragraph (e) of this section. Appendix MS-2 of this part illustrates a statement satisfactory to the Secretary.
Good post on CFPB transfer checklist down there.
Here’s a link to what CFPB has done with OCwen etc and could be doing. Good description of violations.
http://www.consumerfinance.gov/newsroom/cfpb-supervision-report-highlights-mortgage-servicing-
problems-in-2013/
Post by DangerousDave
To Cookie: Correction, IndyMac Mortgage Services. Check to see if they have authority do business in your state. Attorneys licensed.
thank you again eugenenj, the final servicer on the subservicing document said “ficus investments”
Here is a nice checklist to check if your servicer or subservicer is in compliance with the latest rules.
http://files.consumerfinance.gov/f/201408_cfpb_bulletin_mortgage-servicing-transfer.pdf
For Cookie,
An alleged Lender(Servicer) makes agreement with the alleged Holder/Owner to the servicing rights who in turn subservices the rights to another servicer with agreements with the subservicer. As an example, JPMorgan Bank, N.A. used Chase Home Loan Servicing, LLC as its subservicer and OneWest Bank, FSB used IndyMac Bank, FSB as its subservicer.
Thank you Eugenenj. When I requested the servicing agreement between the two lenders (to substantiate the power of attorney because one signed the assignment on behalf of the other via an allonge) they sent me a sub servicing contract that added yet another name to the pile. The date didnt align either, so I have to tell the court we are still awaiting on the servicing agreement. Im not sure how anyone makes money hiring servicers that hire servicers! (sounds like reinsurance companies)
Thanks again!
Can someone tell me the difference between a servicing agreement and a subservice agreement? I asked a lender to supply a servicing agreement through court order (to substantiate a power of attorney) and they supplied a sub servicing agreement that implicated yet another lender.
you must have something if they’re using this tactic. Stay on it! Get an attorney
Wondering if Mers can assign a mortgage servicer after a borrower is deceased. No lawyer yet has really responded – anyone know? My husband died in May, and no servicer was on record, just Etrade in 2003 assigning to Mers / so boa was getting paid as servicer for 12 years – now I brought it up that they have never been assigned. So they quickly did it in Nov. (4 mos. after his death). I am not on the Note, just signed the mortgage inst. but I am not on the loan. I received a default notice, but my qwr’s have stalled them from filing the complaint. Does anyone think it is legal or allowable? They didn’t mention my husband as “deceased” on the assignment – and put him as a grantor – as if he was still alive and granting something.
Goodmornin yall:-) I’m at a cross-road,,STILL in litigations & the stall tactics are becoming frustrating to say the least,,,I’m pro se & plaintiff’s counsel continues to add new co-counsel to assist them,how many times am I required to submit discovery? Because every new co-counsel added are demanding me to RE-ANSWER everything already asked/answered to plaintiffs lawyer at beginning of this? 2011.Thank You in advance for responding:-) 🙂 🙂 🙂 🙂
usedkarguy is on it!
Get an attorney, and question everything! ( Signers, dates, validity of copies, transfers, account balance, and see if you can get loan level data to refute their “balance”.)
Good luck with it, Be well, and keep fighting!
Typically, in the discovery process, the judge will review what has been requested and what has been supplied.IN NY , and in my experience, if all discovery has not been supplied, sometimes the judge will allow additional time for the defendant (or plaintiff) to supply it. If all documentary evidence has been proffered, then perhaps a preclusion motion is in order. The order would ask the court to accept the discovery already provided and nothing further. It doesn’t sound right..why would the court allow new discovery requests for the same documentation if it’s already been supplied? Are the discovery requests asking for new evidence?
bobbi, based on what law is acceleration void if makingpayments
I am so confused by this situation in NY. The original lender filed foreclosure, accelerated the mortgage in 2005 and then assigned the mortgage (while still in foreclosure) to another bank and then another..it has been assigned several times. The county clerk only has record of the first lender.(this lender is no longer in the mortgage business)
The loan has been in default since 2005. The house was destroyed in hurricane sandy in 2012 displacing the family The house remains in a pile of rubble but maintained by the homeowner.(lawn mowing, etc) The insurance company does not know who to write the check to.. (a sizable sum) so the lender is now saying they are entitled to the proceeds. Homeowner starts an action (otsc ) against purported lender(s) citing time barred under statute of limitations Our attorney is arguing statute of limitations (time barred) because it’s been nearly ten years on the same index number and the loan, although assigned several times (with suspect paperwork) was ACCELERATED at the time of the original foreclosure. The foreclosure action was never completed. It expired. The lender then filed a discontinuance on the foreclosure in 2009. The lender is stating that a stipulation agreement in 2009 re started the loan and therefore the loan was decelerated. The stipulation hinged on a modification that never took place or was paid on.
The borrowers attorney states that the original acceleration remains in effect because it was never officially de- accelerated.
HERE LIES THE QUESTION: what formally de accelerates a mortgage? The lender never sent a letter stating deceleration. The lender has not filed foreclosure (and was told by the court that they could). The lender’s attorney said that if an installment loan is in effect that it is assumed to be de accelerated. I found two cases that were of interested, EMC bank v patella and another from nassau county… but they dont really apply here because the plaintiff is the borrower, not the lender.
Im sorry this is so long. If anyone is still reading this, thank you. This case is very convoluted.
THis family wants to obtain the insurance funds to build the house and move forward, in the meantime legal fees and rental fees are almost prohibitive.
Any thoughts? I am actually trying to keep this as brief as possible without naming banks, etc..
THANK YOU for listening..
@ lms53 – Law? No law. It ‘s contained in your mortgage. It is the mortgage document that a lender forecloses on. It is the process itself by law that allows them to do so. Your mortgage dictates who, what, when and how. If there is a default under the note or the mortgage, the terms of the mortgage is going to dictate how they proceed. If under such a default, the lender will issue a default letter and accelerate the balance of the mortgage to be due and payable. Also, under the mortgage there is a ‘right to cure’ a default. If the lender accepts payments, other than the full amount of the balance due under the default letter, it is a precedence for making null and void the acceleration. If Lenders were to do it the correct and legal way, they would issue a forbearance agreement that spells out the terms of the default, how it is going to be cured over a specified time, the amount of the future payments under such forbearance, a start date and an end date and signed by all parties. If they don’t…well, then the original default becomes mute.
thanks bobbi I was in forebearance for 8 mths and then trial mod and then permanenent loan mod and bank reneged at the same time they accelerated my note/mtg. they changed the terms of original mtg thru the loan mod. Novation is the legal term. do I have recourse?
I think I understand. The original mortgage language needs to be read and understood. If there was a modification changing the terms of the mortgage, that would override the original mortgage. Wonder what the judge is going to say. If the statute of limitations is up, it’s up. It sound as though (depending on when in 2009) in 2015 the statute of limitations is up anyway (six years in NY)
@lms53lms – Novation is the term used when you substitute one for another. In other words, they changed the original terms of the mortgage when the modification was signed and executed. Be careful that you didn’t sign away your rights (such as right to cure) as those modifications are drawn up by the LENDER and is not geared to protect YOU. You will need to read the modification carefully to see if you do have recourse, but I would bet a dime to a dollar that your lender probably novated a lot of your prior rights. After all, they are wanting to ‘sew’ up any loose ends. I would venture to say that you could file a counter-suit for breach of contract, but read your mod, if they reneged on a permanent loan modification. Oh, and did you get an executed copy of the loan modification agreement? If so, and you were me, I would go the courthouse and file that sucker to make it of public record. Odds are that your lender did not do so.
Still mired in a big mess. I have a question that was brought up today in New York. Can a bank assign a note of mortgage to the servicer to hold the note but still be the owner of the note? In other words, if mortgage is accelerated and payments are made, they go to the servicer who then gives it to the bank who assigned the note to the servicer? I know this is so confusing, but it doesnt smell right
The banks assign your mortgage to a servicer (the hencemen)…the bank still ones both the mortgage and the note…
Cookie – A lender or owner of a note can sell the ‘servicing rights’ on a mortgage. That does not mean that they are relinquishing ownership of either the note or the mortgage. They are simply transferring the right to collect the monthly payments to another entity. You don’t have to have it recorded of record either, but they do have to provide you with a notice of Change of Servicer 90 days in advance. You also do not have the right to object. As to the mortgage being accelerated, that only occurs if there is a default under the mortgage or in the payment of the note. If they accept payments in an acceleration, then it would negate the acceleration all together. In order for them to accept payments they would have to negotiate with you some repayment such as a forbearance agreement or a loan modification. The monthly payments that you make to a servicer of your mortgage would remit the payment to the lender. The lender pays the servicer a fee out of their profits on the ‘spread’ each month. It is all perfectly legal, except if they are accepting payments when the mortgage has been accelerated and you have rec’d notice of default.
Thank you, Bobbi
Anyone recently have Chase loan transferred to Pennymac?
Yep! Going on 8 years in fighting foreclosure….they sold the loan and servicing to Penny Mac. Go figure! Oddly enough, they never filed any type of assignment in the county records. Why do you ask?
Since loan closed in ’07 Chase has claimed to be servicer and lender in one form or another. With CA HBOR I was able to obtain questionable note copies, 1 of them 6 years late still not valid in late ’13. That’s when city, whole world turned their screws on me. In latest rounds I used Cease and Desist in reference to CA HBOR and settlement violations. First the lawyer changed and then servicing changed this month to Pmac.
CFPB is now LESS responsive. I believe Chase is evading law by these late transfers and CFPB is ignoring it. I would like to show it’s not just me and make some type of group complaint to CFPB and copy anyone we can.
8 years? isn’t the statute of limitations over?
Scott-
I’ve found that an inquiry from a Senator to CFPB, or any agency, moves your case to the top of the pile pretty quick. The CFPB today is like the FBI in 1930, just a little seed. I copy all 100 Senators with the major filings in my case, just cut and paste into their mailbox. Most of them don’t read, but their staff people do, and everyone has lunch with somebody and talks with somebody else about anything of interest. If your agenda fits with their agenda, sometimes good things happen. It’s an uphill battle against financial people.
Ya know, I read your comment and my first reaction was…how sickening is this country when tax payer monies are paying for the salaries of these ‘staff people’ and we the taxpayers have to wait until someone strikes a conversation over a McDonald’s hamburger and coke before action is taken that perks one’s interest. What’s even worse are those in those positions (senators, congress and all the staff members) are the highest percentage of a group that OWES the IRS taxes! Yep! So, even THEY don’t pay their fair share and living off the backs of the taxpayers who funds their paychecks! It is disgusting. As much as I hate to think the worse, I think this country is headed for a massive revolution. There’s not one person in office that has the guts or integrity to stand up for what is right and declared in our constitution.
Amen to that. They r all pathetic. CFPB may get a situation escalated momentarily but nothing gets accomplished. Banks are liars and their responses are lies.
Very good point about FBI. I may still be In my home because of CFPB but there are real problems and it may be captured by banks at some level. It’s another trap we’ve caught in but some faith was restored when Sen Warren questioned Cordray along with others. We don’t need a revolution. We need to re claim our democracy. The corporate Republican and Democratic solution will be no regulation again and next crisis will make this look like a picnic.
What has worked for me is combination of complaints and reaching out to officials.
I’m so laughing!! Good luck being granted a jury to even tell…..Hahahahahahah!~!!
Scott- Are you uncertain of the meaning of prejudice? You can find long scholarly articles, and have lots of lawyers dancing on the head of that pin. Why not just ask the jury? Present your facts. Tell the jury to deliberate on the issue. They are bound by only one rule in deliberations, and that is the rendering of justice. That responsibility used to belong to the King, who talked with God. In America, we turned that system upside down. Just tell your story to the jury. 🙂
Dave… just read your news about CFPB…reserves being set aside etc.
This is you….all you. It’s a forward leading indicator. I’m dragging Met Life et al…into the courts…those bastards committed perjury. . And now they will pay for what they stole.
Never lose hope. Ever.
777
Scott- Make sure youi send me a subpoena to talk to your jury. I’ll subpoena you to mine. There is no enforcement going on in America right now. Let’s fill up every courtroom in America, one by one. Stay sharp-
In my effort to promoting others to contact their representatives in Washington about the ruthless unethical conduct of these financial institutions and the failings of the government agencies charged with the responsibility of protecting the American People from such abuses I am posting my last follow up letter to the Senator for my district with the hope that it will excite others to do the same, contact your Senator and/or Congressman.
Dear Senator Barbara Boxer,
On February 16, 2015 I had sent Information regarding the atrocities caused to my family by a Federal Bank. I also included information involving the flagrant failing of an agency charged with the responsibility of enforcing the rules imposed on these Financial Institutions to protect the American people from such destructive actions as those caused by and continue to be caused by One West Bank, NA.
I have as of yet to receive a response from my previous correspondence faxed two (2) weeks ago. Since I have additional information to further my cause and in an effort to get my blight to stand out a little from all the other responsibilities you have dealing with the problems that seem to be plaguing our government these days, I have chosen to send this follow-up.
I would like to start by presenting a statement from a gentleman nearly two hundred (200) years ago that I would say is more of a revelation of what has and is happening to myself and thousands of others throughout our great nation. Not that it offers any real resolution for the problem but does indicate that this event should have been expected. The statement is as follows:
“ I believe that banking institutions are more dangerous than standing armies…If the American people ever allow private banks to control the issue of currency… The banks and corporations that will grow up around them will deprive the people of their property until their children wake up homeless on the continent their fathers conquered.”
Thomas Jefferson
1743 – 1826
Sound familiar? I know I can relate to this statement and I am not alone in this perception. There are many, many families with similar experiences. Just Google “civil action One West Bank”, “foreclosure fraud” or similar key words and you will find websites like foreclosurefraud.org with story after story like mine. I know I will never forget the seven (7) winter months homeless in a tent trying to care for my disabled wife after the unlawful actions of this financial institution causing a wrongful foreclosure. I had attempted to satisfy the note but this financial institution had their site on the mortgage insurance of which they fraudulently collected. Which has cost me more than fifty thousand dollars ($50,000) and everything I had for legal fees. This doesn’t Include the hundreds of hours litigating in civil court with 22 months of the 24 months without representation. Thomas Jefferson is turning in his grave if he can see what is happening to the country that he fought so hard to make Free from such oppression.
Having mentioned my civil action I would like to take this opportunity to bring you up to date should you be curious. I now have a date of September 18, 2015 set to start the jury trial. This should give you a strong indicator as to how solid my standing is considering that when I started this I didn’t even know what a pleading was. Then after 24 months of litigation against a federal bank with all the money (including mine) to buy their justice yet my cause has still survived without the benefit of legal counsel and is preparing for presentation to a jury.
Then that brings me to the CFPB and all the other agencies that passed the buck to the CFPB in the attempt to relieve themselves of any responsibility. From what I discovered about the CFPB it appears to be an unconstitutional agency operating without accountability to the American people and funded outside of government control by the Federal Reserve. They seem to be operating on their own unseen agenda which is with most certainty not as their publicly charged responsibilities.
According to the United States Treasury Department, the bureau is tasked with the responsibility to “promote fairness and transparency for mortgages, credit cards, and other consumer financial products and services”. Now tell me is it promoting fairness by allowing a Financial Institute to unlawfully foreclose a property because it could not be lawfully foreclosed on due to the deceased borrower’s heirs attempting to legally purchase the property. When the crime is reported to the CFPB they give the investigation to the perpetrators of the crime. As would be expected the perpetrators found no crime only some “minor infractions”. The CFPB without further ado close the case and refuse to reopen. I don’t see any fairness promoted here but it’s not over yet. When a U.S. Congressman presents the case to the CFPB to investigate the CFPB stated “ we will investigate but we will not give any information as to what we do to investigate, the outcome, whether there is any wrong doing or not and we don’t collect for any damage that may have been caused by any wrong doing”. If this isn’t a good representation of an agency without accountability please explain it to me.
I look forward to your reply,
Ha….see you also had a wonderful experience with the CFPB. When I filed a complaint (2013) with them on the illegal foreclosure/sale of my home (only modification requested of JPMC was for a due date change – NOT in default until the 3 month scam). Same thing, CFPB gave the complaint to JPMC. JPMC responded that they would only talk to the borrower (I was/am the surviving spouse). CFPB told me that the borrower would ‘need to re-file the complaint him/herself’, then proceeded to close my complaint. CFPB gave a lot of lame excuses when I confronted them with fact that no one at CFPB obviously even read the complaint, because had they read any of it, they would have know that the borrower could not ‘file the complaint him/herself’ because the borrower was dead! After numerous conversations with a CFPB supervisor, who assured me their ‘mistake’ would be corrected’, it’s now 2015…2 years later….still waiting!
I’m with all of you regarding the CFPB as I have had my own non-productive and ineffective experience with them as well. I don’t know why they are in existence because they don’t act as a regulatory agency to be the watchdog for the Consumer’s protection in anyway. If you’re going to always take the side of The Corporations and The Little Guys’ voice means nothing then why should we even bother to register the complaints?
Great letter Scott. Way to keep fighting.
I’ve been putting out fires on my end and getting ready for my next round of letters and complaints.
Will be sending to Sen Boxer, Feinstien and local officials. The Wall St cancer is killing our democracy. As Helen Kelly said at hearing involving Onewest I’m pretty sure we need a Watergate level investigation and an investigation into CFPB and all the other agencies and accountability for all the settlement funds.
There’s a few examples of CFPB garbage complaints and data we can dump on these people. If you want to share or join a list or petition of some sort contact me here http://bit.ly/Si8EL5
AG Kamala Harris is running for Senate so she needs to come clean.
But stop whining everybody and collect some garbage!
Any info that could help with my case will be appreciated.
Get the MERs listing of who had ownership when case was filed. It wasn’t them!
Thanks guys, but I’m in the thick of this suit and I must win. The bank I’m dealing with is falsifying documents but I have to prove it somehow.
I am trying to find citations to back up our case. Nothing out there on allonges except the “space test” and staples… everyone else just says they are phony!
Very boring and long story short: house burns down; insurance doesnt know who to pay because our mortgagee filed bankruptcy; after fire they claim they still own the burned down house and want the insurance proceeds. (we paid insurance policy for twenty years)
They filed a lost note affidavit in NY and then all of sudden they provided a “wet ink” document with three allonges attached. we have a date to have the documents inspected by us and our attorney.
The allonges are all different, two are signed by the same person but the signatures are different. This was not a mers mortgage. One of the allonges is filled out to BLANK
(no one filled it in)
One of the allonges is not dated.
One allonge is notarized, the other two are not.
If there is a law with allonge requirements I would sure love to see it. Anyone out there that can lead me to the law? I am not in foreclosure and I am the plaintiff in this case, so I am having a really hard time finding anything.
Additionally, the “wet ink” document they provided did not have any assignments attached. Wouldnt an original wet ink show the assignment? this is so very confusing. If you’re still reading this, thank you so much.
Not legal advice my understanding is depending on type of assignment there may or may not be an endorsement on note. I would check county property records and review state/county code requirements. Basically you need chain of docs and see if they reffect valid transactions. Otherwise people lose the document game.
Thank you, Hammer, I am following the chain of custody .. it’s a real mess. I believe I found some information on allonges; they dont have to be signed OR dated OR notarized. (because they are SUPPOSED to be a part of the document, and as such, indorse the note to which it is affixed) New York does not follow the revised UCC, so the allonge attachment issue is still real here. Many thanks. I’m going to keep working on this. The other side we dont have standing to sue. Well, he accepted our motion a year ago and is just coming up with this? Gives the defendants more time to produce “ta da” documents. ugh
In the thick of discovery now (litigating). The defense (I am the plaintiff, asking the court to determine who, if anyone, holds the mortgage) provided discovery which included a signed, notarized assignement to MERS. It has the same index number on it as my mortgage, but MERS has no such filing. Does a MERS have to be filed? so confused as to why a mers document would be in the discovery pile. My attorney says we are not a MERS case; but this is curious. It goes with all of the other murky papers supplied..
Check this out
https://m.youtube.com/watch?v=Mq1axDyTDBs
For anyone in conflict with PHH Mortgage, they have just reported to the public in their 10K report for 2014 (released 2/28/15) that they are in negotiations to enter into a consent agreement with either CFPB or MultiState Mortgage Commission, sometime in 2015, and have set aside $50M as legal reserves. Sorry Philip Linza, your $16M has been negotiated into insignificance…If I’m successful at 5th USCA I believe their $50M will also fade into insignificance.
March 5, 2015
Eric Holder
US Attorney General
US Department of Justice
950 Pennsylvania Blvd.
Washington, DC 20530-0001
cc:
Nathan Anderson, Lead Counsel
McGlinchey-Stafford, PLLC
2711 North Haskell Avenue Suite 2750, LB25
9Dallas, Texas 75204
Duty Agent, FBI Austin, Texas by hand delivery
Dear Mr. Holder,
A couple years ago, PHH Mortgage and their Texas minions, BBDFTE, posted my house for sale here in Burnet County on the bulletin board. The action was totally without merit and I successfully blocked the sale. I still live here, the county has recorded a clear title in my name, and taxes are current. It was a struggle. I was in the position of millions of Americans, just foam on the runway in the midst of the biggest domestic economic disaster of our time, so far.
As you are aware, your duties as USAG under FIRREA 1989 encompass regulation of this industry, both civil and criminal, when they get into a feeding frenzy such as we have experienced. I took my particular information to your FBI offices here in Austin on 26 December 2012, and reported the miscreants. I was offered and waived confidentiality, feeling as secure as any American citizen in Texas. We discussed the case at length with the duty agent, who was very professional and aware of the larger issues, and I believe you have the surveillance video.
In the absence of apparent prosecution, and knowing you had other more pressing business, and after a lapse of 90 days, I undertook prosecution myself and filed our amended claim in Texas Western District Court, Case #1-14-cv-00073, on 11 August 2014. I hand delivered the filing to your office here in Austin, again interviewed with the duty agent, and received cryptic response. Your agent appeared unaware of any investigation or enforcement action in progress.
In the absence of intervention by a US Attorney, i pursued prosecution of the case, qui tam yourself, and acting pro se. I continue to seek qualified and competent counsel, and continue to unearth conflicts of interest or other problems among the civil resources. I continue to act pro se to the best of my ability. That case was dismissed at District, without investigation, discovery, or presentation to a jury. I am currently managing appeal on those issues at 5th USCA in New Orleans, Case 14-51224, and asking for remand to District level for proper trial. I feel confident that we will someday appear before a jury.
Meanwhile, I have read through PHH’s 10-K SEC filing posted 27 February and I see they note under existing matters on page 108 a possible legal impairment due to their current negotiations and intent to enter a consent agreement with MMC, CFPB, certain unnamed state Attorneys General, and your own office. This has been my intent from the outset, to enforce existing national servicing standards.
I hope that my initial report to your office, the Texas AG, all other state AG’’s, all members of the MMC, and all US Senators, and my limited effectiveness with the prosecution effort to date has been helpful to your cause. Please set aside 25% of your eventual collection to my account.
Go with God, my friend. Live long and prosper.
David McCrae
xstek99@gmail.com
Dave don’t fooled by a consent agreement. One West Bank was under a fully enforceable Consent Order by the OCC when they stole my home but the consent Order was not enforced any more than the the laws of which there was a complete failure of enforcement. So your 25% could amount to 25% of $0.00 but I do hope I am wrong and wish you all the luck.
Aw hell, they’re all fakes
I am the plaintiff against a bank in New York; lost assignments and then woops! they found it!
there are three allonges that suddenly appeared on the note. My question to anyone in the 2nd circuit or New York, does an allonge have to be notarized? I cannot find law on this. Thank you
I was denied a jury in Western Texas. That denial is now the basis of my appeal to 5th USCA in New Orleans. My appellant brief is filed and now we’re waiting on the appellee response. You’re welcome to cut and paste off my site at http://www.phhmortgagemustbedestroyed.weebly.com 🙂
I have just expierenced, after an eight year battle in California’s Just Us system a major biased system that protects major corporations an the brothers and sisters of the bar. All I can tell you that if your evidence will shine the light on a major corruption, the courts will create an excuse ruling to not let your evidence get exposed if involves fraud. Proceed with caution and be prepared for a nonsensical proceeding. Your quest is honorable but the California justices have all the balls and bats to play the game.
It is happening the same in every State in every courtroom in the country and nothing is being done cause the banks own our justice system! We have no justice after proving the fraud in great detail…It just doesn’t matter! We are witnessing the failure of the American Justice syste .
I can relate to what you are saying because what the bank missed taking on the first round the brother and sisters of the bar got on the second round. The California Just Us system after pursuing my cause Pro Per Si didn’t include me in the Us part of the system when the judge after a conversation with the bank’s attorney, not shared with me, changed the ruling at the hearing with leave to amend to without leave to amend 5 days after the hearing on my fraud cause. I am still using the fraud in the Wrongful Foreclosure cause I just can’t call it fraud now. The light can’t shine any brighter showing the corruption with the bank and the CFPB than it does with what I have, hope it is enough. It is set for a jury trial starting Sept.18, 2015. Now to survive everything between now and the trial. No clue what i should be doing, don’t have legal counsel and so it has been for 3 years now. I will graciously accept any and all assistance or advice except to quit, That Is Not An Option!!
I am in litigation in California against One West Bank. After $50,000 I could no longer afford an attorney, that was 22 months ago. I didn’t even know what a pleading was, then I had to write one. I lost 11 causes without One West Bank denying any of them. With hundreds of hours at the law library, twice that researching the internet and 24 months of litigation I still have a Wrongful Foreclosure cause. In a few hours I will be at a CM hearing to set the date for the Jury Trial.
I have started discovery by propounding documents and have a protective order preventing One West from propounding my financial records due to the court establishing that tenure is irrelevant since they refused two offers before and during the foreclosure due to their failure to establish a fair market value.
One West knows that if I get this in front of a jury they don’t have a chance. I have turned down their offers because what they have done to me must stop. By setting a precedence giving a path that others can follow should these crooks continue their unlawful and destructive activity.
My funds are very limited but I could really use some guidance in getting this in front of a jury where justice will prevail. Anyone have any ideas as to where,how or have any assistance now would be a good time to let me know
If you are in LA you should be going to the Fed Hearing today to protest! I just got the headlines this morning. CIT and OneWest Chiefs to Take on Critics at Merger Hearing
by KATE BERRY
FEB 26, 2015 9:48am ET
I know that you say your funds are now limited. Still, try Jeff Barnes of http://www.foreclosuredefensenationwide.com or Bergmen & Guitterrez (310)893-6200. Both have offices in Ca. Request the loan file, FDIC FIOA, who & when was the assignment of mortgage signed and NOTE, FannieMae or FreddieMac. Bank/plaintiff has never admitted that the “NOTE” has never been in default, no injury.
Thank you for the suggestions, I will check them out here directly. I have already propounded discovery on the Note and it is Fannie Mae. I have not received a response but it is due in 3 days. I am not sure what you are saying “bank/plaintiff has never….., no injury”? I am the plaintiff and I have stated that there could not have been a lawful default and Trustee’s sale. I know I have to show Prejudice for there to be injury. I am uncertain just exactly what that means but I am working on it. Any ideas to the meaning?
Seeking Washington State foreclosure defense attorney. Three year argument with BOA and they can not produce the deed. I am ready to sue their socks off.
Any recommendations of law firms, Washington State!
Thank you in advance.
It depends on what part of the state you are in. Stafne Trumbull out of Arlington has been doing a lot of work with foreclosure defense. Not sure if they will take on something from the east side of the state though. I would say call them as it is impossible to get a response from their website.
There have been recent posts about Chase employee deposition on fabricating documents.
The employee identifies a swirl or snail at top of purported original notes. I also have a copy with NP. Does anyone else have such a stamp?
Here’s a good article on suddenly appearing endorsements, ta-da endorsements:
http://thjf.org/2014/06/27/suddenly-appearing-endorsements-used-by-bank-trustees-in-foreclosures/
What a week! TILA win, MA Settlement, Chase deposition
Here’s a good primer on rescission, CA but good on concepts
http://www.kinseylaw.com/clientserv2/civillitigationserv/rescission/rescission.html
Must-read @washingtonpost article: “Warren has struck a chord” with voters in this Colorado focus group: http://wapo.st/1xPtKl3
Google ‘Kari Giblin.’ She works for BAC now. She has pics posted 🙂 Send her a subpoena!
Is anyone in South Carolina Dealing with these Fraudulent foreclose activates? There are 6 Law firms that has been cited by our Chief Justice
Do anyone have : Danilo Cuenca Prepared by
Dominique Johnson – Assistant Secretary
Martha Munoz- Vice President
Deborah L Beard – Notary # 1853913
Witness – Rene Rosales
Witness- Swarupa Slee
Done on February 23, 2012
need help asap. I had countrywide. and having issues with Bank of New york mellon
go to clerk of court website, research the filing dates for other filings by the same firm on or about the date, can even be with different banks. I found the notary and witness working for another bank the next day it did take a lot of reasearch
When I Googled the notary number it comes up with several documents with some of those people on them
http://www.pottco.org/deed_pdf/2011/1/1/6/2011-11660.pdf
http://www.pottco.org/deed_pdf/2011/1/3/1/2011-13163.pdf
http://www.pottco.org/deed_pdf/2011/1/3/1/2011-13164.pdf
http://www.hofj.org/virtualoffice_files/DominiqueJohnson030413.pdf
wait, you can google a notary number? the stamp on the notary I have on my mortgage does not show a number. hmm time for depositions
Cookie, If there isn’t a notary number that seems kind of odd. But I would try looking up the name of the notary in the state they are commissioned. Or if you want you can tell who the notary is and what state they are from and I would be happy to try to look it up.
I got copies of the notaries signatures for verification of signature from the state they are commissioned in.
I am going thru this same situation with MERS, Countrywide and BofA, here in SC with Rene Rosales as so call witness.. please keep me inform and if there is something I can do to help let me know
Does anyone have “Kari Giblin” Assistant Vice President for Countrywide Home Loans, Inc. as the signer on their assignment of mortgage? This was in 2011
Interesting that it was signed by someone from Countrywide Home Loans, Inc in 2011. It was my understanding by that point everything should have been handled by BOA, as they took over Countrywide sometime in 2008 and were merging things in 2009. You might do a little more digging to see if that was even possible that someone from Countrywide Home Loans, Inc could have or should have signed something in 2011. Of course someone else on her might have a bit more info than myself.
Thank You Tricia for your reply!! I AM trying to do research, and I have the Same feeling of her not being able to sign for a company that was bought out. The exact date for the buyout is 7-1-2008. We also had “patricia Arango” on an assignment of Mtg on 9-26-2008 (from MERS back to Countrywide), , , interesting, huh!!
Check out Patricia Arango here: https://4closurefraud.org/2014/02/01/former-marshall-watson-choice-legal-group-robo-signers-patricia-arango-and-caryn-graham-suspended-by-florida-bar/
Obviously, the ‘Robo-signing’ continues. There can not be any valid reason to perpetuate signing documents in the name of companies that do not exist other than to circumvent the intended legal process.
But then again, I even question if you had a loan that was REALLY from Countrywide’s actual funds, not those of some investment group such as Black Rock who THOUGHT they were investing in mortgages held by some REMIC trust. Where THAT is the source of the funds, then Countrywide was not the actual lender in reality. The money trail would show they are not. If the loan was securitized, then with what is know of the Countrywide ‘loans’, your loan was not funded with one dime of Countrywide’s funds.
TY, will do That research!!
@BobbiSwan , , , THANK YOU – have that. Wow, this site is incredible – so many ready to help. Thank you to All (and keep it coming, lol), we all need all we can get to put these crooks behind us!
I found like by googling her….http://www.yatedo.com/p/Kari+Giblin/normal/b47ea83009b0f3aaf13e6fa6bc701a2e
Thank you!!! Do not see “countrywide” anywhere on her “professional experience”! Hmmmm, how interesting!!! And — USEFUL!
Kari works for Bank of America now. Ask Google for her pics. Send her a subpoena. http://www.yatedo.com/p/Kari+Giblin/normal/b47ea83009b0f3aaf13e6fa6bc701a2e
Neeed help with my case. I have Dominque Johnson – Assitant Secretary, Martha Munoz Vice president. Need help
check to see if the case was originally filed by the David Stern Law office, you may have to look at the original filing. the law office was involved in major fraud
Mass joinder fiasco
https://getoutofdebt.org/63195/reader-expresses-concern-spire-law-group-going-poof
The reader says, “Spire Law is closed down( Aug 2014) leaving all their clients holding the bag. The Abeel v Bank of America lawsuit was dismissed. As a way to keep their clients at bay, Spire Law came up with a possible new lawsuit involving violation of the National Mortgage settlement. Over 1000 clients paid $5,000 to $10K to be add joinders. The lawsuit was a scam disguised as a mass joinder. The firm used retainer fees to pay overhead operating expenses water, electricity, rent etc, and not for legal fees.
does the name Sabrina Deramus, a chase bank salesperson sound familiar to anyone
She was recently killed in a fire at her home.
Glarum v LaSalle, No. 4D10-1372, Florida 4th DCA.
Deutsche v Holden, C.A. No. 26970, Ohio 9th COA.
McDonald v Onewest, USDC Western WA, Case No. 2:10-cv-01952-RSL.
This might be useful:
http://deadlyclear.wordpress.com/2013/04/27/mers-too-many-dead-ducks/
“UETA “SECTION 16. TRANSFERABLE RECORDS
(a) In this section, “transferable record” means an electronic record that:
(1) would be a note under [Article 3 of the Uniform Commercial Code] or a document under [Article 7 of the Uniform Commercial Code] if the electronic record were in writing; and
(2) the issuer of the electronic record expressly has agreed is a transferable record.”
…Trying to find the definition of issuer, of course, was not an easy process. Definitions in state law are not clearly identified, if at all.
“Issuer” means obligor, or the borrower aka “homeowner” as defined by E-Commerce: Financial Products and Services 2001, edited by Brian W. Smith, Appendix E, p. E-55-56. Page E-55:”
So homeowner must agree!
Article then has image of description that sec 16 was to not allow that a paper note not be converted than intentionally destroyed!
Focused on MERS but concepts can help.
http://deadlyclear.wordpress.com/2013/04/27/mers-too-many-dead-ducks/
we prevaled in the trail agianst the boa, in may, now they have filed to have the 3 copies of the orginal note and mortagage retururned to them, I am per se
any help or laws to refrecene I would reather leave the evidence in the file so no more fraud can be comitted the default date was 7 years ago
thanks
Karen, for people who want to file pro se against BOA – where do you find the resources or templates to start the action? Would you please share? BOA refused to modify 2 years ago when we were forced to take a 17k pay cut. I want to try to fight this, and our deed/note became separated upon reassignment. My husband committed suicide over financial stress – so I want to defend our home now.
“Tell Attorney General Eric Holder: No more excuses. Time for criminal charges against JPMorgan Chase
Rolling Stone magazine has just published a breathtaking account of a whistleblower who personally witnessed fraud at JPMorgan Chase and was willing to testify — even as the Justice Department claimed it lacked the smoking guns to prosecute big banks.1
For eight years, Alayne Fleischmann has told her story to regulators and government lawyers, only to watch as the Department of Justice settled with JPMorgan Chase out of court, with no admission of guilt, and a much lighter penalty than was initially announced to the public.2”
snip
http://act.credoaction.com/sign/Holder_Justice_Chase?t=4&akid=12183.4220599.6hMgRN
Try going under the state of KY list of financial institutions for the name: Equity Financial Mortgage (which is how they were listed on their webiste).
Does anyone know how I can verify that New Equity Financial has gone bankrupt or out of business. They were out of Kentucky. I have been unable to find information on them. jsmith5915@msn.com. James
I found 3 records 2 BK’s and 1 Civil Here are the case numbers dates. You need someone that has access to PACER to actually get the info you want. You can email me at charaymanagement@gmail.com give me your email address or phone number and I will try to help you.
All Court Types Party Search
Wed Jan 14 13:49:48 2015
3 records found Search:
All Court Types Party Search Name New Equity Financial All Courts Page: 1
Bankruptcy Results
1 New Equity Financial Corporation (cr) kyebke 6:07-bk-60935 7 10/02/2007 01/30/2008 Standard Discharge 01/30/2008
2 New Equity Financial Corp. (cr) insbke 4:05-bk-92784 7 07/18/2005 04/05/2006 Standard Discharge 03/17/2006
Civil Results
3 New Equity Financial Corporation (dft) mndce 0:2006-cv-03005 710 07/14/2006 10/25/2007
Hey Hammertime!! Appreciate your response to my complex situation. Im in the judicial state of Ohio. I beat this case twice but as I stayed before the magistrate didnt allow me to respond during the default judgement process. I filed and submitted every source of litigation paperwork during discovery that you can think of only to be ignored by the court. I end up hiring a lawyer for to appeal the magistrate decision which was denied which led to the Appelent court which also denied me. The next step is the sale of the house…..
I have the ORIGINAL loan modification that the lending institute said i signed which isnt true.
In my interogatory I asked several questions that pertained to Documents that I knew they could not produce and their lawyer response was the question was vague and ambiguous
We tried Res Judicata but I wasnt allowed to use it during the Appelent process
Here’s a good overall description…but think of your own specifics
Thank you hammertime. I got a better understanding of this process. Who is this guy? Sooo…if all loans have been paid by AIG on the 91st day, how can we prove that our individual mtgs were already paid? I imagine this has to do with the info contained in the PSAs. But what about Fannie and Freddie, who don’t release this info? is this something we can use in defense? Quiet Title? – Audits? Also, I’ve tried to locate depositions for Mary Jo McGowan, Elsa McKinnon and especially Crystal Moore’s video deposition, which seems to have completely disappeared(?) Does this eveidence hold up in the courts? Even though my original loan was assigned, then also voluntarily re-financed and assigned again, can we use evidence of robo-signing and this defense going back BEFORE the foreclosure default? Thank you! Singed your pettions BTW. Great job!
Thanks! Now tell all your friends or post like crazy. The White House one can really get results I’m thinking.
Tried to get in touch with the poster but still a mystery who he is.
Like I said just take in the info but make sure it applies and don’t admit anything as this site, Garfield recommend and have a lawyer answer specific questions.
I don’t remember if you left email here or not http://bit.ly/Si8EL5
Not legal advice but just basic definitions wise my thinking is you should focus on broken chain and your own hardship, robosigning is icing on the cake and they can always fix from what I’m seeing and you should weigh out.
The other point was that you can use the settlement’s language on chain of title, reliable evidence, valid transaction etc.
https://d9klfgibkcquc.cloudfront.net/Consent_Judgment_Citibank-4-11-12.pdf
See this? https://4closurefraud.org/2014/11/12/full-deposition-of-lona-hunt-robo-verifier-of-foreclosure-complaints-for-seterusfannie-mae/
H ALL – hoping you enJOYed a great Thanksgiving. I received my sale date in mid-January. I had a call come in through one of my legal inquiries from Real Estate Law Center PC. Has anyone heard of these folks? They are apparently involoved in Mass Tort Litigation against some of the Big Boys – Operating out of CA, they claim they have litigators in all 50 states – and actually file suit against the lender for fraudulent mortgages/practice. Rather than -“opt out” by taking a check from the banksters, as was the case with the Attorney Generals suit, they claim not to work with the loss mitigation departments, but head to head with the lender’s attorneys – They seem to know a bit about robo-signing, securitization and the boat load of fraud these banks have bestowed. If they’re legit, I wonder why we haven’t heard of them before – or perhaps we did and I missed it. Would welcome hearing back from anyone who’s used them, or knows of any success rate, as they claim it is hgh. Back to the holiday crunch. Thanks!
http://www.lenderlawlitigation.com/index.html
I HAVE A GREAT SUGGESTION FOR ALL OF YOU : REOPEN DISCOVERY FOR THE PURPOSE OF HOLDING AN EVIDENTIARY HEARING ON YOUR POINTS OF LAW THAT SHOW THEY ARE NOT LEGALLY ENTITLED TO ANY RELIEF FROM THE COURT DUE TO THE IRREGULARITIES IN YOUR CASE and get ready to Subpoena every person and shred of evidence out there from everybody.
If you will remember in my case WELLS FARGO was basically ordered by the Court to offer me a Modification when the head attorney for WELLS FARGO’S corporate defense team and I were holding a hearing in front of the Presiding Judge in the Broward County, Florida Circuit Court…to which WELLS FARGO put me into a modified loan and dismissed the foreclosure case.
That did not change anything other than remove their ability to foreclose, there was no finding if they had committed any frauds or ever had standing – it got rid of that problem for the Court.
So I filed a simple Declaratory Judgment action against HSBC in U. S. District Court.
HSBC told me they would not defend my suit and I could get the judgment I sought – and THAT would defeat my mortgage ! Plus, WELLS FARGO would have to give me all my payments back and my home would be free and clear.
ENTER WELLS FARGO. They asked the Court to set aside the default …and we were ready to do battle, which would have resulted in criminal action against WELLS FARGO as the US District Court would have ruled their foreclosure action to have been a fraud on the Broward County Circuit Court.
The Federal Court – surprisingly – dismissed the action saying ‘it had no jurisdiction and could not grant a declaratory judgment without it being part of a concurrent complaint for damages’.
A BIT OUTRAGEOUS since the U.S has a VERY distinct Declaratory Judgment Act which allows anyone to go to Court to have the Court decide parties, or prospective parties rights. The Courts just didn’t want the hot potato I was tossing around in the halls of justice.
While no court action is pending at this time,(and I have un-preclude-able rights to bring further actions) I have placed a HUGE complaint before the new Consumer Financial Protection Bureau (CFPB) that seeks findings and civil and criminal actions against HSBC and WELLS FARGO.
What YOU find out could help ALL of us ! One thing is for sure – these institutions do NOT want the truth and actual documents to come out…in my case the documents were forged…yours could be too.
THE MORE YOU FORCE THESE DOCUMENTS OUT AND TESTIMONY TO COME FORWARD, the better chance you have the banks will fold rather than risk criminal prosecution and more fines and more mortgages thrown out.
In Broward HSBC is seeing more than just mine now getting thrown out.
In one case I have become friends with an owner owing about $800,000 on a $550,000 home – which HSBC lost at trial and the gentleman got every penny of his attorneys fees (substantial amounts) returned to him by HSBC. Without payments, he spent around $50,000 in improvements
HSBC, if you are not aware, funded terrorism financing some years ago and 200 U.S. veterans are now suing them for assisting Iran to send terrorists into Iraq (search it !!!) to fight them – HSBC is not on AMERICAS GOOD SIDE and I’m sure that if the CFPB or some Court makes findings they also engaged in mortgage fraud, we will all sleep well at night.
That WELLS FARGO manufactured financial documents has been established…by WELLS FARGO themselves….it is no longer in question.
Perhaps we should consider consolidating efforts is some way, however one thing is clear –
MAKE EVERYONE PRODUCE EVERY PIECE OF WRITTEN MATERIAL AND IDENTIFY AND DEPOSE EVERY PERSON CONNECTED WITH THEM…you may be very surprised that they suddenly just want to be friends with you and make the foreclosure go away.
As always, if you wish to speak with me,954 781-9300 Eastern time. reachth@yahoo.com
fyi- in cases where settlements have been reached, it is common a gag order go along with it so as to not set precedent against the banksters…that’s why none of these have been highly publicized and why I have researched so extensively and attended lots of court proceedings and have been able to obtain pre-settlement information and documentation… I can not be precluded from my free speech rights and sharing my knowledge with those who can benefit from it.
Checkmate.
Tom
Great to hear from you, Tom. I posted a link to the HSBC story yesterday. Will be ramping up efforts on petitions and pledge. Trying some different things. Will be in touch
http://wh.gov/icu9z
some details of my case here
http://www.thepetitionsite.com/354/449/956/stop-the-theft-of-american-homes-and-our-nations-wealth/
https://www.facebook.com/MainStPledge
for officials, FL Congressman supports, gonna take some work
Wow, the judge in my case ordered us to try and reach a modification as well, but the lawyers for Wells Fargo (trustee) B of A was the servicer doing the foreclosure refused. Third party firm hired to oversee. NOTHING! For years they told us that the investor on the loan didn’t allow for a modification. After the 30 days the judge gave us was up, they came back to court with the same BS. Made us not one modification offer. and the judge still give them judgment. But now I’m glad I they didn’t give me a modification cause it turns out they had the legal description on the property wrong on the mortgage. They tried to claim scribbler’s error? Yet, the judge happen to be one of the first drafters of Palm beach title rules black in the 50’s so he knew better. He vacated the judgement, sale, and certificate of title.
Although they have a fake assignment, (made by cooked firm consegura in Tampa ) and the note was assigned to the trust after the trust was closed, and I have a letter from MERS confirming the title was under different ownership at the time they filed the foreclosure, the courts will still sided with the bank. Unfortunately I had poor representation in the beginning. He charged me 3000 and didn’t even file the right defenses. But a blessing in disguise. Never would have never exposed this wrong description…it saved my ass.
I’m not sure, because I didn’t get much feedback from any of the attorney’s i contacted. But since the bank’s problem is with the mortgage (which is a legal document) which they will have to reform, they have a serious issue. One, the statue of limitations is up to reform a contract (5yrs) in Fla. Second, if they did somehow get an opportunity to reform the mortgage, they must then show it was an understood and MUTUAL mistake by both parties. IMO, it was never understood or mutual. Finally, if you Google 2005-FR4 mortgage pass-through trust, you will see that this trust that my loan was ” suppose” to be included. is in dispute with the investors in this trust suing the sellers, brokers, and the rating company of this for full damages. Which goes back to standing?
Nation star, who took over my servicing from B of A after the trial, has hired akerman to take over the case from Conseugra. They have only filed a NOA , no motions filed yet. Now.. (from my non-lawyer understanding) they must first amend their complaint, add the new description, and then try to get another judgment. But IMO, they can’t amend if they can’t reform due to SOL, Yet, if they do, we have the opportunity to file affirmative defenses to all their old and new complaints including standing. I’m I wrong here?
I’m in the process of moving bank into my home since the sale is vacated. Please Google Fremont loans. This is who originated my loan and made me sign by threat of not getting my deposit back if I didn’t agree to the new adjustable rate mortgage. Which was different from the fixed rate mortgage we had agreed to and the one on the Good Faith estimate. They were shut down by the FED’s for predatory practices.
I’m considering filing for quite title, or motion to dismiss because they basically foreclosed on the wrong home. Vacating Judge agreed. Moreover they didn’t even ask for a re-hearing of that vacated judgment. Which they were entitle too. HUMMM?
But some say don’t tip them off to your defense. Just let sleeping dogs lay, and wait for them to make the first move since they are the ones that must produce evidence. After 4 years and 20K I just want it over.
Yet, the only reason I had 20k to fight them is because I save every penny i didn’t pay on my mortgage payments for 2yrs. So I had the resources to hire a good defense in the end.
If you doing this on your own I hope you not in FLA. if you are in Florida please GET A GOOD FORECLOSURE LAWYER ! Get them to let you do a payment plan. My case took 4 court days over 4 months with several days of testimony, examination, cross-examination of several bank witnesses and a court reporter for appeal. If you want good representation it is not cheap. Lawyers never are!
Thanks hammertime. I have been away trying to figure out a next step. Spent some time on Avvo, Called a few attorneys as I’m wasn’t sure if I could have filed a motion to vacate and how to do it effectively and properly on my own. Anywhere between $2500 + $760 monthly fee up towards $17K just to ‘dig’ to find out if anything is amiss. The sheriff will be scheduling anytime now. I want to thank you ALL for your responses and wonderful support late into the night and to let you I will continue to support you in your endevaor to right the heinous wrongs these banks are not held accountable for. Wish I could have been one up to help bring justice to its rightful place.
Suz….please email me your email address and I will send you my Motion To Vacate that may be helpful for you. elyse@gte.net
Very grateful, ldynps. I’ve just spoken with another attorney – $3500 just to file the motion. If I had those resources, you’d bet I’d be paying the mtg. Sending email… Graces.
Once an attorney enters an appearance, he’s representing you. YOU have to get your attorney up to speed on your case. It sounds like you’re already way late in doing anything Sued, and $3500 isn’t just to “file a motion”. The first qualified attorney I talked to wanted $20,000 up front! Why? Because he knows how long this takes. The procedural twists and turns will lead to your summary EXECUTION. Yes, you need to cough up $3500, $2500, SOMETHING to get the attorney involved in your case.
About 15 interviews and two retainers later, (I even paid a highly respected practitioner $500 to tell me I can’t win), I was lucky enough to find counsel who in turn was lucky enough to find ME to explain the securitization fail and fraud that resulted in a foreclosure judgment. I para for her, she works my case and others, and we became a team. I never dreamed I would be torturing the 7th Circuit CofA or a state court surviving 6+ years of litigation.
I am very sorry for all of you who are behind the 8-BALL in this battle. But now you have to make a decision. Flip or fly! You can stop the sheriff’s sale with a bankruptcy petition, but you have to commit to filing adversary proceedings. You can’t do that if don’t have claims. You won’t have claims until you researched and learned the issues pertaining to your loan. Lawyers are great, but they, too, have to have devoted the time to get up to speed on this fraud. Remember, we’re defending against fraud. Fraud must be pleaded with specificity. Bankruptcy court is the proper venue to defend against fraud in the handling of your note. It doesn’t mean the judge will listen (they all got the e-mail about stopping homeowners at all costs). You have to embarrass them with the absurdity of their rulings in appeals court just to get traction (depending on your state and district courts). The judiciary is out to protect the banks. And their attorneys.
Once bank lawyers start fabricating documents and transmitting them through the wires and mails (Wells Fargo Foreclosure Attorney Manual, anyone?) they are engaged in racketeering and debt collection violations. An unrecorded mortgage and an unendorsed note do not a foreclosure verdict make. Get on it!
Not an attorney, and this rant is not to be construed as legal advice.
It’s criminal, not Civil and it’s called The RICO ACT….an ongoing criminal enterprise. The Banks are the friggin Mafia and they control the Courts, the Media and the world!! The banks destroyed the notes and the only way out for them, steal our homes and sell them to create a new note!! Biggest Crime in the history of America!!
Thanks usedkarguy. Unfortuantely, i don’t have the resources to pay whatever up front. Lost a $100K a year job in 2008 – used my entire retirement to survive and start a new bis – now making just above min wage to survive – had to move out of the house, so someone else could carry the motg. Not a sob story, just the facts. Here in NJ, the courts do not favor “proof of standing” alone as a defense strategy. Even using the UCC code 3 fails. This is a powerful and agreesive law firm on behalf of the plaintiff bank who may legal standing or not – they represent nearly 40% of the plaintiffs currently on sheriff sales in the county. The mtg is certainly recorded (albeit 5 years later) which the court will not even flinch at – so no issue there – it’s just that it was re-assigned before app for the FJ and was granted. – No sub of plaintiff filed to date. I have been researching cited law to coincide with my comlaint filings, but there are so many, and cannot find something exact to support it.
Here’s a good post. It seems they frown upon when it’s been years and issues are brought up at last minute but standing can be brought up. Seems you have very solif reasons and bad representation as well.
“Similarly, in HSBC Bank USA v. Gomez, 2013 WL 105303 (App. Div. Jan. 10, 2013), defendants filed a motion to vacate default judgment 16 months after default judgment was entered and one day before a scheduled sheriff’s sale. Among other things, defendants in that case argued that plaintiff lacked standing to foreclose because it did not demonstrate that it took possession of the underlying note and mortgage on or before the date the complaint was filed. Id. at *5. In support of this argument, defendants relied on two cases in which the Appellate Division had permitted defendants to raise standing as a defense to foreclosure complaints — Deutsche Bank National Trust Company v. Mitchell, 422 N.J. Super. 214 (App. Div. 2011), and Wells Fargo Bank N.A. v. Ford, 418 N.J. Super. 592 (App. Div. 2011). However, the court distinguished those cases from the case before it on the basis that defendants in those cases had defended against the foreclosure and did not wait until final judgment was entered to do so:
As distinguished from the present case, however, in both Ford and Mitchell, the defendants timely filed answers and counterclaims in the foreclosure litigation, questioning the validity of the assignment, and contesting the plaintiff’s standing to file the foreclosure complaint, and our reversals were of the trial courts’ grant of summary judgment. In other words, the defendants in the other cases actively defended the foreclosure litigation from the outset and did not sit on their rights.”
http://porzioproperty.pbnlaw.com/2013/02/changing-tide-in-foreclosure-litigation-courts-taking-closer-look-when-defendants-assert-lack-of-sta.html
I agree if it comes to that on bk but I would try to vacate and/or file complaint with CFPB and let elected officials know. CITI is part of National Mortgage Settlement! They are required to have reliable evidence, proof of valid transaction and valid documents. Once in bk can’t use settlements I recall. Just plain research, no legal advice.
And Citi also has a Chase type of settlement from July!:
“”Under the terms of this settlement, the bank has admitted to its misdeeds in great detail. The bank’s activities shattered lives and livelihoods throughout the country,” he said. “They contributed mightily to the financial crisis that devastated our economy in 2008.
Shares of Citi (C) rose more than 3% in midday trading.
What it means for homeowners:
Some homeowners with Citi mortgages could see the amount of their loans reduced, or could have their interest rates reduced. There will also be down payment and closing cost assistance to future homebuyers.”
http://money.cnn.com/2014/07/14/news/companies/citi-settlement/
Definitely a crime if you lose this. Lots of ammo there.
Hopefully ldynps can help you with her motion and I’ll do what I can if I can add anything. In my situation before the criminal complaint sentence I was told by one lawyer that it would cost me $10,000 to put together the motion I needed while another quoted me $500. The $500 guy couldn’t make it and with just a couple of days to go I found a lawyer who did the motion for $1,000. This person just stuck to the basics and she got me a continuance.
Somehow I don’t think you’re focused on what we’ve been saying, it’s not an attack. There is no blueprint like you’re trying to find, that’s really the worst approach with the courts except for references to other cases.
I would say keep trying with lawyers but focus on them explaining to you your options not necessarily make the case for them. When someone sounds reasonable and isn’t going on script then show your research etc.
What’s the timeline per the statutes of sheriff setting sale and what are your options after sale and before eviction or recording sale?
Today Garfield has a case that talks about this as well.
“The case is a direct instruction to do what I have been advocating for years. If you think you have a meritorious defense or attack on the foreclosure, deny the implied claims, and plead and prove that your objection is not based upon procedural irregularities, but rather on the fact that the party seeking to sell or foreclose the property never had any right to appear must less enforce anything involved in the loan.
In this case the status was that the sale had already occurred and Recontrust was seeking the usual eviction. The Judge, separating the chafe from reality simply said that Recontrust had no rights whatsoever and that the eviction would not occur (judgment entered for homeowner) and that the reason why the homeowners wins is that the foreclosure sale was void ab initio.
The lesson is that if you are going to try to split hairs you are at best headed for a continuance so that there is an appearance of due process. But if you really want to win, then you need to learn something about securitization — the concept, the written documents and the actions by parties claiming rights under self-serving documents that are completely false.”
http://livinglies.wordpress.com/2014/11/11/utah-judge-voids-foreclosure-sale-it-never-happened/
But he also says not to argue securitization, just to know how the fraud is committed and you can identify it. That’s exactly what we did showing breaks and no proof of payment.
Here’s another good one:
http://www.lsnj.org/NewsAnnouncements/Foreclosure/materials/EXHIBITPWolfMotiontoVacate.pdf
And you also have this requirement:
Sheriff’s Sale
When the bank intends to sell your house, it must advertise the sale weekly for four weeks in a local newspaper. That gives you a minimum of another month after the entry of judgment against you. If the bank has a large backlog of foreclosures (and many do, these days) and doesn’t schedule the sheriff’s sale right away, you may have even more time.
http://www.jenkinsclayman.com/how-fast-can-a-bank-foreclose-in-new-jersey/
Happy Veteran’s Day!
Barclays Plc (BARC) and HSBC Holdings Plc were among six banks sued by U.S. soldiers and their relatives over claims they helped Iran process billions of dollars in transactions and support terrorists who attacked them while serving in Iraq.
…The case is Freeman v. HSBC Holdings Plc (HSBA), 14-cv-6601, U.S. District Court, Eastern District of New York (Brooklyn).
http://www.bloomberg.com/news/2014-11-10/barclays-hsbc-sued-by-u-s-soldiers-over-attacks-in-iraq.html
Good afternoon hammertime!
A decision was handed down by 8th district Court of Appeals in which I was denied reconideration of my foreclosure case and I would like to file a lawsit against the Servicing company and the said lender for fraud in the court… During Discovery the plaintiff and the servicing agent claim that they had in their possesion personal knowledge of my signing documents including the loan modfication through an Affidavit from the servicing company which is FALSE because I have in MY POSSESION the said modification aggreement and it was never signed nor was it notorized by myself
I went Pro Se in the Summary proceedure of this case but I wasnt allowed to speak during the hearing only submit documents and facts to the court in which I did but the plaintiff was awarded the decsion in which I filed an appeal and I hired a lawyer but the appelant court said i cannot raise any new arguments during the appeal process.
This case has been ajudicated twice before for this home because I had the oppotunity to state my claim during court but not this time.I would like to know the proceedure in filing a lawsuit against the Lender and servicing company seeing that their claim through an affidavit from the service company that I signed the loan modification.
Thank you very much
D.A.
Hi Don, answered your signup on link I posted. You may have to check your spam. What state are you in? I bought some time on my sale.
Carmen Segarra and Alayne Fleischmann, the Chase whistleblower this week are real patriots. We need a common sense approach to stop the theft of our country and restore real trust in our institutions and government.
Please support my petitions for a common sense approach and accountability.
http://wh.gov/icu9z
http://www.thepetitionsite.com/354/449/956/stop-the-theft-of-american-homes-and-our-nations-wealth/
https://www.facebook.com/MainStPledge
I added more detail to petitionsite with main issues in my case with Chase
@Angel, couldn’t find your doc, can contact me here http://bit.ly/Si8EL5
But yeah just 3 likes so far pretty sad or just the beginning
I must be missing something here? There is no way to SIGN YOUR PETITION?????
https://petitions.whitehouse.gov/petition/implement-common-sense-approach-foreclosure-fraud/GRS9FcP2
You just need to fill you name in the boxes off to the side in order to sign the petition. Then it will ask you to verify it via an email sent to you at the email address you use.
Thanks Tricia, just beat me to it.
And for facebook PLEDGE just click on Like at top of page and comment would be good.
Here’s direct link to tab: http://bit.ly/1xJaWB7 with pledge. You would need a facebook account at facebook.com
I did the other petition on care2 as well, each has it’s different approach due to limits and kind of rushed. But they can all feed each other.
http://www.thepetitionsite.com/354/449/956/stop-the-theft-of-american-homes-and-our-nations-wealth/
The Congressman recommended the White House petition and may be best chance if we have 2 more years of a do nothing congress.
Care2 has some good tips and help to circulate but need to switch gears to stop sale in about 2 weeks.
Do whatever you can to post on blogs, newspaper sites, send to friends etc.
I have also started a White House petition. Need 150 signatures to go public and 100,000 for administration to review.
http://wh.gov/icu9z
Thanks hammertime. Not sure whether I ever received the original note with SelMtg. The earlier Mtg papers were destroyed in a flood in my home. I only managed to save a few pieces. So, if Citi brings to bear the NOTE I received a copy of at closing with Flagstar, with what looks like my signature, what defense do I have if I don’t have one to compare? that would only make that one valid, right? Should I be asking for all the paid off notes through the chain?
NOTSETL is the satisfaction of the Mtg, (I think) – the ones recorded in my county file that discharge me from the debt with that bank. (Notice of Settlement) – that is not the note, is it? My signature isn’t on those docs. From what I’m understanding is that somewhere, Citi should provide all the original ‘notes’ being transferred and paid since SelMtg? Is it all the notes being paid from one to another the chain of title? Who else may have those docs besides the lender, if I don’t possess all of them?
You are correct. The FJ has been filed but not yet evicted, so at least I know I must go through the county court. Do you think this motion template would provide me enough to explain my defense? Seems like multiple choice with a few things missing. – http://www.lsnjlaw.org/Housing/Home-Ownership/Foreclosure/Pages/Certification_in_Support_of_Defendants_Motion_to_Vacate_Judgment.pdf
No prob. I’d say you can work backwards from latest that claimed a payoff and question Citi’s standing. Then see what you can do to verify your debt and title as much as possible. With quiet title all who have claim have to step forward and if they don’t court will wipe your title clean and you can propose your own “modification” if necessary I believe. Need to run will review later.
Oh and NOTSEL is not the note. It should say who was paid though and/or who holder is. But you should have received THEE actual note as well.
That’s a great document for people to review. Lays it all out. Only thing missing is the specific complications of broken chain and verification of debt. If you verify Citi info against copy of note and they don’t match up with endorsements seems 8-10 would be covered. If they do then go back to previous note and contest verification of payoff is my thinking just opinion of course. But you also have options for OTHER to get into details it looks like. Now find an example of completed case and you should be set.
Hi hammertime; ALL – Thanks for your response. I wouldn’t know if indorsements matched since the note I am in possession of has no indorsements, not signatures. It appears all the infor they set forth in the complaint are a mirror of the copy of note in my possession.
In any event, I wanted to be sure about whether Citi even had the legal right to seek/file entry for FJ AFTER having assigned the mortgage to FNMA/Seterus. I found this on another site, and am trying to discern between partial transfer. The mortgage follows the note, right? Perhaps it can define for others as well. Let me know your thoughts as I make my way through: http://my.firedoglake.com/masaccio/2010/10/20/legal-issues-on-enforcement-of-promissory-notes/
It’s late, but Suz I think you’re over thinking it. You don’t want to make it “right”. If there are no endorsements then that’s your reason to vacate as the form says. That’s it! By matching I meant see where they claim they were owner etc and see if note and stamps make sense. So if Citi claims they are not just the holder there should be an endorsement to them. If no endorsement that’s your case you even have the added case where it needs to be dated per the form! Just do that basic “matching” and get a consultation before you go crazy. If they match then make sure assignments are in order and working backwards to where you question they paid the previous loan. But I keep saying start with the fact you have no proof the previous loan was paid. Either way you want to show there’s a broken chain and not try to fix it for them! But if you have time have at it.
Hammertime. Did you receive paper statements from Chase? I kept all my paper statements from chase. They quit sending them when I got behind but then they put me on forebearance and from there trial mod which they breached (the first one) but I kept copies of all payment even though they quit sending me statements. 2009 is when they started getting sloppy with my mortgage.
There was a while they stopped then they did a new accelleration and NOD and started again I recall. They are now basically doubling the payment! This was done I believe to appear to comply with homeowner bill of rights that went in effect 1/13 in CA. 2009 is a key year but there is no way these were mistakes or sloppiness, again that let’s them off the hook like the settlements did although settlements can still be used. Late ’08 was when mergers, sales happened with WaMu, Bear Stearns etc. The “errors” were corruptions by MERS, and the servicers etc and now “errors” are being used to say they own all these loans and boot us out with no docs.
That’s the thing I can’t figure. A satisfaction of mortgage has suddenly showed up recorded by amro. But the recorded date is in2003. I did not refi. With Chase until 06. I had a coupon book with amro and then chase started sending me statements I never saw the release of mtg in public records until the other day which leads me to think that now the courts are falsifying recordings in public records and also a NOC was recorded from a company that did not work on my house. I am not surprised though. I have all the originals of satisfaction of mortgage showing paid. But the 2003 anti paper. I don’t have a original paid. I KEEP EVERYTHING. Now they are falsifying recording. How far will they go!!!
Ooh boy, hammertime – Please excuse the brevity of my response – I’m really not trying to be thick here, but apparently, I’m clouded. Perhaps I’m not communicating as effectively as I would like. And hopefully not taking up too much space here – I just can’t make heads or tails of the NOTE. The paper I have called a “NOTE” was presented at closing with no signatures and only lists Flagstar as lender. This is the only document I ever received regarding a NOTE.
Timeline IN and NOT in my file.
For this property:
* First NOTSETL -Mortgage originated with Select Mtg on 11/21/01. Recorded 12/10/01
* Select Mtg. assigns to RMBG on 1/9/02 (recorded) made payments to RMBG
* RMBG assigns to First Nationwide Mtg Group on 9/4/02 (recorded) have no clue who this is; never paid them.
* NOTSETL w/ SIB Mtg. 12/19/02 (recorded) – later recorded the actual mtg on 6/19/03
* Discharge Mtg with Select Mtg. 4/10/03 (recorded)
* Discharge Mtg with SIB Mtg. 1/30/04 (recorded, but part in blank (no state listed) on discharge)
* Refinance with World Savings (Deferred Interest Adj Mtg.) 1/9/04 (NO NOTSETL with this bank on record.)
* Discharge Mtg with World Savings (Golden West Savings Bank as “trustee”) 2/2/05 (recorded)
* Refinance -NOTSETL w/ Flagstar Bank 1/10/05 (recorded)
Then – started making payments to ABN-AMRO in 2005 – no assignment recorded.
Received letter from ABN AMRO on 8/10/07 to start making payments to CitiMortgage (understand there was a merger, but no assignment otherwise recorded)
I stopped paying Aug of 2012, then Hurricane Sandy hit and could no longer rent the unit. – (after losing job in 2008, 2010 nearly went into default, but managed to make up the payments.)
Flagstar assigned to CitiMortgage on 6/7/12 recorded right before I stopped paying.
Citi filed lis pendens and complaint (which I never personally received) 10/15/13
Citi files Request to Enter Default 2/26/14
Citi ASSIGNS Mtg to FNMA c/o Seterus 6/12/14
Citi Applies for Entry of Final Judgment – 7/10/14
Citi GRANTED Final Judgment – 9/23/14
Seterus contacts me via phone on 8/6/14 informing me I should have received a welcome packet and they have a guaranteed loan mod from Fannie Mae to get me started. I explain to Seterus rep that Attorney’s for Citi have a lis pendens (as I’m not privy to any complaint, etc.) and he checks with some managers and has no idea what I’m talking about. He’s happy to be of service and will send out a payoff quote as I had a potential buyer. Never received a thing.
Called Seterus back about Fj when I received it – they again have no knowledge and asked me if I received the mod package. They told me to call Citi and inquire about the FJ – I did so, was on the phone for nearly an hour w/CS rep who claims she contacted their foreclosure dept and every dept within Citi she could contact and none has any info on my acct. other than the account was closed and transferred on 6/1/14. They told me to contact Seterus to find out what was going on.
So are all these recordings only of lender/servicer to lender/servicer? No mention of a NOTE being transferred to any of these parties. Yet Citi claimed to hold the note and now Seterus claims, as does Fannie Mae that FM owns it. Can CIti still be holder after assignment?
I have on chance to file a motion to vacate, just want to make sure I have all my ducks in a row….
thanks for the link @ hammertime – I just don’t know which one to file- set aside a judgment, vacate a judgment, respond to surplus – extend time to answer. are these all separate?
Hi Hammertime
I guess I understand. I would believe that if a mortgage gets transferred to a new owner that there should be recorded in public records that it is paid off and transferred if to a new lender as if one refinanced. I am not really dealing with that so much asChase was my lender when I refiled and I also made my payments to Chase. But obviously I did sign a new mortgage with Chase and Abn amro was paid off(the original mortgage). No assignment necessary in my case. The question lies what Chase did with the note after I refiled and to my knowledge I do not believe they did anything. I believe they held the note and continued to hold the note since the day I refied with them and they r using Fannie mae as a cover up to hide all of the now obvious mistakes they made with me an numerous others. Fannie Mae is nothing more than a facade for these banks to cover up all their deceit and lies.
Ok this sounds similar to my case. Now you need to focus on how ABN went from being the original lender to you making payments to Chase. It sounds like you’re saying you started making payments to Chase BEFORE you did the refi? So they must have claimed to be the servicer at some point. Question is did they simply get servicing rights basically to collect payments for ABM or were they the investor or servicer for someone else?
They are manipulating the term refi in my opinion to make it seem that it was always the same account or an account was closed and re-opened making it seem like there was a PAY OFF when in fact THERE MAY NOT HAVE BEEN. This is where the MERS, WaMu chaos comes into play. Refi refers to that the loan is not a purchase loan. They can legally transfer etc but if I don’t know you from Adam why would you transfer a loan to me without payment? That’s exactly the point Garfield made the other day.
So when you have two completely different lenders on a refi you can’t assume it was “just a transfer”. I would say you should have the original paid note from ABN and then go from there and see exactly when and how and what version of “Chase” got involved. That’s what Bobbi and Eugene are talking about with CHF.
If we really work together and put our heads together I think we have some serious claims that make Ocwen look like child’s play. We have to quit playing the should’ve game and understand they were out to do us damage. I don’t think Jesus Himself just said forgive and forget.
@ LMS53 – In response to your post “The question lies what Chase did with the note after I refiled and to my knowledge I do not believe they did anything. I believe they held the note and continued to hold the note…”. Chase would not have any means of possession of the original note with ABN AMRO. The title company/closing agent wires the funds directly to ABN AMRO at the funding of your refinance and the cancelled note and mortgage along with the recorded satisfaction of mortgage recorded in public records are returned to YOU; not to the new lender (Chase). Chase has no purpose nor any means of acquiring that paid off note from ABN AMRO.
Yes but LMS is saying Chase was paid before the Chase loan so they may have been servicer as CHF or other entity. These guys lied and made up stuff not just “mistakes” and Fannie Mae etc. CHF took over my “loan” and then said it was WaMu 3 years AFTER WaMu actually returned my PAID note. What is it 10% of loans during this period were done the way they were supposed to? Every time we say they were mistakes or even robosigning we let them off the hook.
@ Bobbie Are you referring to this article:
Negotiable Instruments Explained by Neil Garfield
I read it as an overall primer with points like this that we need to keep in mind in general before going down the assignments rabbit hole:
“Then we go to the maker — the person who signs the instrument promising to do something — like payback a loan. Nobody would sign such an instrument unless they were protected from multiple claims on the same promise. So protection of the maker is of paramount importance. The marketplace would stall out if the maker was at serious risk of multiple claims that would bankrupt him based upon one promise.”
Amazing it seems as though he’s reading my mind or reading this board!
Now i am really confused :-/
This looks promising though not exactly your situation?
http://foreclosuredefensenationwide.com/?p=535
RHODE ISLAND FEDERAL COURT PERMITS ATTACK ON SECURITIZATION ASSIGNMENT
NOVEMBER 22, 2013
November 22, 2013
A New Jersey Chancery Judge has just denied a Motion to Strike a homeowner’s Contesting Answer and Defenses and dismiss his Counterclaim in a New Jersey case involving five (5) claimed Assignments which involve MERS, EMC, and Wells Fargo. In what appears to be a unique case, Wells Fargo has requested, in its Complaint, that the Court declare that three of the Assignments are void and of no effect. Counsel for Wells Fargo attempted to argue the Motion as one for summary judgment although it was not styled as such. Motions for Summary Judgment are decided under a completely different set of rules and case law in New Jersey.
The Judge stated that he has never seen a chain of title to a mortgage loan which is so complex, thus giving rise to issues of material fact and warranting denial of the Motion to Strike and Dismiss.
Jeff Barnes, Esq. represents the homeowner together with local New Jersey counsel Michael Jacobson, Esq. Mr. Barnes is admitted pro hac vice in the case and argued the matter within the last hour.
http://www.judiciary.state.nj.us/superior/faq_fore.htm
Q: What types of motions are filed with the Office of Foreclosure and what types are filed with the county?
A: There are several types of motions that may be filed in relation to a foreclosure proceeding. Some motions should only be filed with the Office of Foreclosure, while others should only be filed with the General Equity judge in the county of venue (the county in which the foreclosed property is located). Certain motions may be filed either with the Office of Foreclosure or with the county General Equity judge, depending, in part, on whether or not a foreclosure final judgment package has been filed with the Office of Foreclosure.
Types of Motions filed with the Office of Foreclosure:
Motion for Entry of Final Judgment
Motion for Entry of Default Out of Time
Motion to Vacate Default (if the final judgment package has NOT yet been filed)
Motions Extending Time to Answer (if the final judgment package has NOT yet been filed)
Motion to file an Amended Complaint (when any answer—contesting or non-contesting—has been filed)
Motion for Surplus Funds (if payment of surplus funds is not contested and the party seeking the funds was a party to the original foreclosure case)
Examples of Motions filed with the county judges:
Motion Extending Time to Answer (if the final judgment package has already been filed)
Motion to Vacate Default (if the final judgment package has already been filed)
Motion for Summary Judgment
Motion Appointing Guardian Ad Litem
Motion Appointing Rent Receivers
Motion Appointing Attorney for Party in Military Service
Motion for Substituted Service
Motion to Set Aside Final Judgment or Summary Judgment
Motion to Stay Foreclosure Proceeding (There are various reasons to stay foreclosure proceedings; the defendant will need to contact an attorney to determine if this option is available to him.)
Motion to Stay Sheriff’s Sale
Motion to Stay Eviction
Motion to Vacate Sheriff’s Sale
@ Suz did you read what I posted about payoff? Read Neil Garfield’s post today about promissory note primer!
Hammewrtime – read the article by Garfield but that article is referring to the promissory notes within a foreclosure suit – not the promissory notes of a refinance. At a refinance the mortgage being paid off is satisfied and the note securing that promissory note is no longer valid. It should be returned to the mortgagee along with the recorded satisfaction of mortgage. Garfield is referring to the transfer of the promissory note and mortgage from payee to payor and the effect once it enters the realm of the secondary market.
Thanks hammertime, I am reading it, and it is basically my question as it appears CITI and Fannie Mae/Seterus are asking for the same debt. I found the NOTE in my paper file and it is what CITI claims as part of the original complaint, but it lists no OWNER, only Flagstar as Lender. There are NO signatures on this note.
Also, what I found puzzling though was why CITI’s attorneys forwarded the FJ to Seterus’ Foreclosure Dept. – under the guise – “For your information” yet Seterus claims not to have any info on my foreclosure which is why they are offering a loan mod. I’m trying to get to the bottom of whether at this juncture, CITI can amend the FJ to add Seterus as party, or substitute plaintiff either before, during or after the sheriff sale. I wish Garfield could outline how to fill out a motion form regarding this particular instance. Sadly, the clock is ticking and I feel I’m running out of time to file this motion. 🙁
So getting to the basics if Citi and Fannie Mae are both asking for the same debt and not by proper standing or authority then at least there is a cloud on title it seems. When you say you found the Note is it the paid off note on refi or the “current”, original purchase note in dispute. If current note sounds like it’s your docs COPY they sent to you which is ok. So you need to show some evidence that both are claiming the current debt. But what I’m trying to get at is if you refi’d did you receive the ORIGINAL NOTE, not a copy of original, marked paid and with proper endorsements and not JUST a letter.
If you received any other copies of the current note you can check if they match up with the one they first provided you and or if there are any strange or unmatched endorsements. On a transfer I do not believe you would have an endorsement. If there is an endorsement then there must be a claim/assignment to be investor or buyer or servicer. Again buying servicing rights is different. When you say owner that is confusing. There would be no owner designation on promissory note unless something unique in NJ. “Owner” starts coming up when there is an investor or some entity is claiming ownership through transfer. So that could be your red flag that someone says they own the loan but no records of assignment that should be backed up with record of payment and endorsement would be one clue. But the final evidence is wire transfer or other PAYMENT documentation especially if probable forgery involved. This goes to wording of “reliable evidence” in settlements and homeowner bill of rights language.
One of the points of Garfield’s primer is that we are protected from having multiple claims against us and assurances that debt can’t be charged without assurances of our rights being protected.
Not familiar w/ NJ but I would think you could raise these points for some type of continuance or get a free consultation to verify your options.
So POSSIBLY use clouded title, no reliable evidence that the latest one trying to take the property is the actual creditor and the biggie to me that no reliable evidence that previous loan was paid if you never received the original note stamped paid or with letter. Last one is where you would ask for and contest verification of debt. So if not done so then could be grounds for more time if you are now aware of problems of any previous verification of debt.
@hammertime – I don’t believe I have ever had an ‘Original NOTE’ stamped or with any endorsements. This should have been with my first mtg on this property, no? The only doc with the word NOTE on it is the one with Flagstar as lender and that came long after (several lenders) the original mortgage I took out with Select back in 2001. Actually, I just read that Citi claims to be the “holder of the obligation and the mortgage – is the NOTE the obligation of an in itself?
Yes, exactly it is the negotiable instrument as Garfield explains. That’s a very good breakdown that gives you your big picture, That’s a basic chain of title your lawyer should have done and would have charged a pretty penny. That note you signed way back in the beginning is like a personal check you wouldn’t accept a xerox copy of right? So each refi the note that was paid off with your wet ink signature, not a copy, should have been returned to you in mail and then you had a new note “active”.
It looks like SelMtg was your purchase loan and then World Savings refi and then Flagstar. So you should have a paid note from SelMtg and World Savings. Everything almost in between looks like has problems. World Savings prob predatory ARM.
Looks like Citi should have been servicer or investor on Flagstar loan where there should be proof of transaction. So the Flagstar copies should show an endorsement from Flagstar to Citi is my thinking and since everything is so messed up proof of transaction. Your dates of ’04, ’07/’08 fall in with all the “toxic” loans.
What is NOTSETL?
At the end it looks like dual tracking of offering mod while going forward with foreclosure while CITI may have no standing if can’t prove they paid off Flagstar.
You were also affected by harm done by banks in ’08 and natural disaster just like me! Although mine was just a freak wind storm!
I copied court options right from web site so see what makes sense as to where your at. Definitely get a consultation. If it is allowed it seems stay or extension would allow you to make them verify debt and standing and negotiate but first make them produce paid notes etc. In CA the entity/trustee pursuing foreclosure is supposed to hold the note. So it can go back and forth it seems from trustee, servicer, owner/lender. Yes, all separate, whole menu depending on where your case is in the foreclosure department? or county office. Sounds like your options are in county with final judgment package filed but not evicted right?
But sounds like you can even quote the judge on the case I sent of title that’s too confusing. Looks like multiple breaks in chain.
What Garfield has been focused on is that “lenders” are not saying they are “holder in due course” because they can’t claim you have no defenses so that’s why they only claim to be the holder.
You need to go to court house or online and not expect them to answer you at this point or there’s some violation there as well.
My experience in court is minimal but Bobbi’s advice sounded right per my experience. But don’t acknowledge any of the lender’s/servicers besides the original and even that you need proof that it was paid off with paid note. Don’t deny you owe anything but you can’t tell who is the real creditor at this point and they need to verify the debt.
Hello Everyone, I also have Chase Home Finance, LLC as the owner of the Note and Mortgage. In 2009, they claimed that they merger with JPMorgan Chase bank, N.A. and CHF was the successor by merger. The OCC approved the merger in May 2011 with JPMCB as the surviving entity. After a three year lull, now in 2014, CHF is assigning the mortgage to Bayview Loan Servicing, LLC who is acting as agent for M&T Bank. JPMCB was the alleged original “Lender.” No assignments to CHF, no assignments from CHF to JPMCB. Bayview claims to be owner of the mortgage and claims to be the servicer for M&T Bank. Bayview claims to have taken over the servicing rights from JPMCB and is servicing on behalf of FreddieMac. FreddieMac claims to own the mortgage since 2006, date of loan origination.
How did OCC grant approval of the merger when CHF and JPMCB were just the subservicer and servicer for FreddieMac?
Eugene – I have the exact same mortgage with Chase and the same language they used in the foreclosure action on the merger. Funny thing, though, is that the merger was never officially approved by the OCC in 2011. You need to look at the ‘conditions’ that were attached to that approval that were never met. YEP, I wrote and got the papers under the Freedom of Information Act. Just because they filed for the merger did not make it official. If you would like copies of what I have send me an email and I will scan and forward them to you. In my case just 4 months ago they sold my mortgage to Penny Mac and like you they never filed an assignment. When Penny Mac calls me I just tell them ‘you don’t own any mortgage of mine according to public records.”. You would think that after so many months of the same answer they would check the records….but what can you expect from minimum wage workers who do nothing but call (harass) people all day long
bobbi@landmarkmortgage.net
Thanks, that now makes sense. Didn’t think about that. I had a Substitution of Plaintiff on October 24, 2014 that was granted to Bayview that had stated in their motion that they needed this substitution in order to file a Final Summary Judgment. Really? I guess CHF or JPMCB didn’t have authority?
New Jersey, a judicial state, has the most corrupt foreclosure judges. I have another case where OneWest assigned to Ocwen and I have the judge all knotted up because I filed a “fraud upon the court” where he is the guilty party. In my hearing for this motion last Friday, he was so bent out of shape that he got up and almost left the courtroom.
If you can send that FOI on the merger, I would greatly appreciate it. If there’s something that I might be able to help, let me know. Thanks.
eugenevillarreal@hotmail.com
@ Suz – No, that’s how they bamboozled us. Unless by note of settlement you mean the actual original note of loan that was paid off. In the past before this fiasco a reconveyance and or note of settlement was accompanied by THE PROMISSORY Note that you signed which represented the debt. Look up reconveyance and return of note should be ONE of the requirements. So if you understood and in the past it always meant that the loan was “paid off” you got that physical note BACK as your “receipt”. Chase actually wrote in a letter that their policy is to return the paid note when paid off but THEN said the loan was transferred and not paid off OVER 6 years! If it’s an active loan they will say they can only give copy etc.
I’m saying “receipt” to make it simple since people have a hard time now getting sucked into all the made up language of the banks. It became “kind of” paid off only after they went nuts with securitization etc. But securitzation is not the problem it was the bank’s chopping up of mortgages and MERS, COPIES floating everywhere, making a mess of things, NOT US who they put the blame on. So that’s why they had to start saying notes were lost etc.
We’ve been conditioned to believe a bank can lose stuff and it’s no big deal!
Long story short they are trying to say they can reconvey and send you a bs letter and that’s all the proof they need of payoff. So you should have received your paid note right after closing. I think this is the biggest mistake we as homeowners make to get caught in all the assignments etc when you have a refi at the root of your chain. If a brand new loan that’s different it seems. Unless they mix a loan with someone else but that can never happen. RIGHT?! Not!
The only way I see any way out of them not delivering paid note is if you agreed that there was no payoff somehow and basically they just restructured the old loan. I doubt any of us agreed to that but they keep insisting that’s all it is. My closing statement says “pay off” of such and such loan.
So if it’s the case your previous loan was PURPORTEDLY paid off but you never received the note that is a violation of your rights I understand. So you can say the debt isn’t verified from that point. I would look for a quiet title case to get your wording or basically fraud by anyone that claimed that the debt was paid when there’s no reliable evidence. Reliable evidence language comes from the settlements. I would go on https://livinglies.wordpress.com/ and read up.
Are you the one that paid a bunch of money to lawyers? I would complain and have them right it up AFTER you do the research. There’s a group that’s promoting that exact approach and I have basically had to by necessity up to now.
Hammertime
I know previous attny said at one point Fannie and chase were trying to claim ownership of note. There are also two recorded satisfaction of mortgages when I first bought property by Abn amro
Which is strange and both were recorded long before I ever refied with Chase. I wonder if the courts can backdate stuff like that as it would be easy for all kinds of fraud to surface without borrower knowing. I also saw an notice of commencement that suddenly popped up from 2008. I had a lot of work done on my house but never from the company that filed the NOC in cty records. Something is sure not right with what is going on in the courts here and I still have not forgot the fact that when I was 2 days away from my trial the judge that was assigned to my trial was an ex attorney for chase. I definitely feel they r trying to cover up something with my foreclosure but hopefully that will not happen now that my case is also being monitored by the federal court. As you said let sleeping dogs lie as I have no plans to move.
@LMS as previous post – the other part of your comment on Chase file you have endorsed you should match up as to refi, transfer etc and see if match makes sense and hopefully you can tell when it was endorsed. I think they are dragging their feet because there’s something wrong with your chain of title. Loan mod isn’t going to fix that. If you never plan to sell then maybe you could let sleeping dogs lie?
Well not what I’m saying and it seems we are being told different things by Chase as it fits their purposes. First I’m saying on refi and a previous mortgage/note was “paid” by right they need to send you the paid note as well as file a revonveyance usually. Now a transfer may be represented by assignment as Bobbi I believe was talking about can either be filed or not depending if for servicing rights (can also be sold?) or if loan was bought. So my takeaway is either loan OR servicing rights OR both can be bought by a servicer or other entity. That’s why their claims need to match up as to when they claim to be investor, servicer (what type) and they need to be backed up by endorsements on notes even if just copies if claim to buy or be beneficiary. Actually may be first time I put it all together so hopefully makes sense and double check. Only gap would be who is note endorsed to when to a REMIC etc and that’s where you get into whole investor hiding game it looks like.
Has anyone hear of Lindsay M West as BAC robo witness ?
Interesting hammertime that it has to be marked paid if transferred. The one in my file was only endorsed by Chase stamp and that’s it I will get on website. Just laying low because have court date coming up and my loan is back in underwriting for the umpteenth time. Can’t wait to see what they propose from the settlement. Not getting excited though
Trial payments are not the problem. It’s what they want you to pay back in total after they add on their lying fees, etc. why do we have to be responsible for all that extra money they want you to pay when they are the screwed up ones dragging Their butts and claiming to lose paperwork among all their other lame excuses.
@LMS hope you got the discussion on no payoff necessarily if transferred which is what banks are trying to claim that a transfer is the same as a payoff from my experience.
On letting sleeping dogs lie hope you get to that point but make sure they indemnify you I think is the term against any other possible creditors. Another basic issue that is ignored is in the title insurance we paid for usually they are protected against title defects and MARKETABILITY of title.
I’m no facebook pro so just dove into customizing the page. Actually alot of confusion over putting up simple text.
Thanks for the input BOBBI.
I changed Welcome tab name to Pledge
And here’s direct link to tab: http://bit.ly/1xJaWB7
Is there a way to make it the default tab?
There are only 3 signatures and I don’t see where to sign??? Am I missing something here?
Maybe. You sign on petition link. The 3 signatures I think you’re referring to likes on facebook PLEDGE page.
The pledge is meant for officials to sign or like but need to comment if they only “like” so they can get credit. Haven’t worked out the kinks.
The goal would be to get as many likes by homeowners and other supporters.
You would be good since your a CA/FL combo.
You can download pledge or send link to official to encourage them.
I’ll keep working it as some big issues came out today regardless of who’s elected and we can’t stay in sidelines and with head in the sand.
So like and make a comment on facebook page and sign on petitions. As I said above need 150 signatures on White House petition to go public and 100,000 to get administration to look at. Shouldn’t be anything controversial so no excuse. It’s a 5 minute job people!
Just Signed, Should Be 6 Now!
Going through a Similar Case here in Maryland.
Pro Se, and Have Hearing Date on the 26th. Getting Nervous, but not sure if I should get an attorney to make sure I don’t lose on “rules”.
You know they win by knowing procedure, not substance most of the time!
Backed em off 2x before. Not sure this time….
Mers Recorded “Corporate Assignment” 6 Years (Or so, ) After the Pool Closed!
Anyone have any ideas?
Last time they (Wells, Agent for Hsbc, Agent for Merrill) Went Behind the Back of their attorney (they had on the case for almost 2 years), and on a Friday afternoon, Hired another law firm (Without their attorneys knowing), Had the Additional Firm File an Appearance on the Monday, all to get the Judge to Recuse Himself!
(The Judges Son just so happened to have started work there!)
They are dirty F’s!
Dont put anything past them!
Ideas?
Alright! Hasn’t gone viral yet! Remember need 150 on white house petition then 100,000 one at a time then will use other techniques as best I can.
100,000 is 2% of the 5 million homeowners affected at one point.
@golf check out Garfield’s post today on changing servicers, trustees etc. I would say remember the basics chain of title, reliable evidence of payments, authority etc
Good advice to Suzanne, Bobbi. I was wondering the same. I understand servicing rights r not recorded when transferred. But note ownership should be and understandably so. Chase has tried to say that Fannie mae is the holder of my note yet Chase was the lender and I always made my payments to chase which I maintain chase is also the holder because there was never an assignment recorded to show otherwise yet chase is trying to say Fannie mae is the holder. I say prove it!
@LMS That’s interesting I keep saying we need to compare notes. Join foreclosurehamlet.org and we can compare. Latest round with Chase they say the originator has paid note although they claim they paid loan at closing of refi as servicer as Chase Home FInance before the supposed merger.
A key thing for Suz and it seems this is a big gap in people’s thinking is when there is a refi and a payoff of a note they are REQUIRED to return the note MARKED PAID. Some state vary as to if it needs to be stamped. So in my case in ’04 my WaMu SERVICED loan originated by finance company THE PHYSICAL NOTE was ,b>RETURNED TO ME, ORIGINAL WET INK and stamped PAID by WaMu the purported SERVICER.
10 YEARS LATER they are still referring to the “loan” as a WaMu loan. IMPOSSIBLE.
So there may be broken chain or bad transfers all along but they can be “fixed” usually by state unless it can be shown there was no payment although there was claim of value paid.
So SUZ needs to verify if she got HER RECEIPT, the PAID Note from the refi I would say first then move up the chain and find where the PRETENDER lender pops up.
Get professional advice and/or do research.
Thanks hammertime – when you say my receipt, are you referring to the note of settlement from one bank to the other when I refinanced? Say from World Savings to Flagstar?
Also Suz. If u were never formally served, the entire case should be dismissed. What state r u in? When a person is served, the server has to document a description of the person served. R u in the house now. If your neighbor volunteered enough info. To whoever was asking, maybe they thought you had abandoned and so the bank did not attempt to serve anyone thinking there would be no one to contest the foreclosure. Don’t trust anything any of the court docs sent to you. QUESTION EVERYTHING!
Make your motion to vacate and don’t let the bank attnys know what u have. You may have something that their attorneys or not aware of. Throw the banks attnys under the bus. They r making you out to be a deadbeat non payer. Remember this is what foreclosure is all about. These attorneys do not care how they get you to that point. They are paid to carry on with the lies and deceit the banks started. Make your motion and get your court date and get your paperwork in order and let yourself be heard. Don’t let the lousy bank’s attorneys win. You have to prove the bank is wrong and you are right!
Suz sounds like they r trying to do some backtracking to justify the foreclosure. I hope you have all correspondence from all these banksters whatever their role is/was service r or note holder. Put the timeline together with the correspondence and go to the judge and get it vacated if you want to stay in the house. Force their attorneys to explain the various servicers/owners. Especially that no assignment was filed until the foreclosure started. That would be a huge red flag to me. They r backtracking to steal your house. Put your paperwork and timeline together and take it to the judge immediately. I’m sure the attorneys will not want to deal with all those claims of servicer/owner. The attnys are always betting that u will walk away or give up. Don’t. Stand strong!
Thank you Lms53. I have all the docs the County Foreclosure Office emailed me that were in my file. Is there something I may be missing? I was never formally served – an estranged neighbor vouched that I had moved out a month prior to they’re trying to serve me – while I was just away and I never received the complaint, app for entry to default, etc. This lis pendens was only available to me through searching my county record I only received the final judgment through reg mail as a copy forwarded to Seterus (for their information). I wish I knew how to word all this in a motion. Do you happen to know if should send exhibits (assignments, etc.) with the motion, or bring them to court? Thanks so much for your help. An attorney out here states that the bank can file assignment whenever they want- It need not be as soon as they do it….but 6 years?
ASSIGNMENTS OF SERVICING RIGHTS DO NOT HAVE TO BE FILED IN PUBLIC RECORD! A lender can sell servicing rights and retain ownership of the note and mortgage. ABN AMRO was sold to Citicorp in 2007. They are mostly a mortgage servicing company. Suz needs to do a QWR (Qualified Writtten Request) to find out just where the note is at this point. If CITI filed the original lis pendens then it has to file the original note as well with the courts (at least in Florida). I would request a copy of the process server’s file since she was never served and taking a neighbor’s word is not sufficient evidence of abandonment (that’s hearsay and not admissable) . They should have at least checked to see if the utilities were still on at the home, evidence of upkeep on the property, etc. before they made the determination of abandonment. On another note, I would verify that the original note to Flagstar was properly assigned and endorsed to ABN AMRO especially since there was an acquisition involved. Assignments of mortgages DO have to be filed in public record. If Fannie Mae owns the note and mortgage as they say then there should be some sort of assignment, but remember, Fannie Mae is simply an investor (not a banking institution) and they will grant the authority to the acting servicer as the Plaintiff in a foreclosure action. Did Citi actually file the lis pendens under their name or were they filing as ‘Trustee’ under a securitized trust?
Hi Bobbi – Thank you for this – All the assignments in my record are “Assignment of Mortgage”. Lis Pendens was created by CITI’s attorney – Citi is claiming to be plaintiff in the lis pendens which reads -“plaintiff is hereby given of the commencement and pendency of a suit in the Superior Court of NJ covering the premises, made by (Suz) to MERS as nominee for Flagstar Bank of which plaintiff is now the holder and servicer to recover possession.” That was dated Oct 15, 2013. SO, the only mention in the Lis Pendens is the original 2004 mortgage with Flagstar (which assigned to CITI in 2012.)
It may have been true that they held the note at the time But I don’t see how they could still hold the note if they assigned to FNMA (and Seterus as servicer) and still be granted this FJ.? So shouldn’t Seterus be initiating a new foreclosure proceeding? does this knock CITI out of the picture? Wondering if I should be bringing up the fact that two parties are requesting payment for the same loan/debt? CITI through FJ and Seterus through modification?
Not sure about whether the note was filed as well in NJ. Where might that info/doc be? This is a judicial state. Again, there is no assignment filed from Flagstar to AMRO. It seems as of the last assignment recorded, CITI assigned all to Fannie Mae this past June in care of Seterus in the middle of this foreclosure. I guess I’m having a hard time figuring out what to ask teh court for in this motion. BOBBI – do you know where I may get hold of the process server’s file? Is that a file held by the court? All I have is CITI’s attorney’s certification they provided the court.
I agree on the abandonment issue – I have been paying the utilities and condo maint fees all the while. I’ve been sitting with this motion form knowing what I’d like to say, but worried it may be the wrong thing or even the wrong form.
@ Suz – We are judicial as well here in Florida so should be similar in nature. During the course of the foreclosure process during ‘discovery’ you could have filed a Motion to Produce and list the items you are requiring to the Plaintiff. With the judgement already in place you would have to file a Motion to Vacate and Dismiss. In that motion you would spell out clearly the reasons in accordance with law, why the judgment should be dismissed. Clearly, you were never properly served and the property was not abandoned and you can prove that with current paid HOA dues and utilities (which I would add to the motion as exhibits and clearly marked (Exhibit A,B,C. etc). As far as I can see CITI did have the right to foreclose if the Assignment of Mortgage was done in 2012 and this lis pendens is dated 2013. What CITI is stating in the lis pendens is that they acquired the note and mortgage from MERS as nominee for Flagstar Bank. If that is what is also the verbiage on the recorded Assignment of Mortgage in 2012 then they have full rights to foreclose. However, when you said Fannie owned your note and mortgage, did they tell you WHEN those rights were transferred to them? If that statement is true, then you actually have 2 mortgagees that can claim the same debt. The original note should be filed with the courts directly to the Judge. My biggest concern in your case is that you rec’d a copy of the final judgement via forwarded mail but never rec’d any other communication prior to that point? There would have been notices of trial date, notices of hearing dates, etc. that are required to be mailed either from the courts or from the plaintiff’s attorney. If the judge asks these questions of you, should you be able to get a court hearing on your motion to vacate, then you must be prepared to answer his/her questions. And when you stated ‘forwarded’ mail is that where you changed your forwarding address or was it mail that was mailed to you from another person?
In you Motion to Vacate and Dismiss, you also need to recite the fact that judgement should not have been granted since there are two entities claiming ownership of the note and mortgage, that being CITI and Seterus. You also need to recite that Seterus on behalf of Fannie Mae, is also offering you a modification of the same debt for which a final judgement has been granted by the courts to CITI.
When you are typing up the Motion just list in numerical order the reasons for your request. Add your exhibits to the end but be sure to match them up to your pleading. So if you have anything in writing from Seterus on the modification add it. As far as Fannie, you can check the Fannie Mae site for ownership and print that directly for an exhibit but you really need them to tell you WHEN ownership was transferred.
It’s not that hard to do the motion but you need to be clear and concise and state ALL your reasons, match up your exhibits clearly marked and file.
@BOBBI – Thank YOU! I needed to hear this. It appears I couldn’t reply directly to your last comment on the motion to vacate and dismiss. SO hope you can see this. You are correct. CITI did have right as far as their 6 year late assignment go as to file FC complaint – and currently, the owner of the NOTE being Fannie Mae is listed on their site. As far as “when” Fannie Mae received possession, I would assume is listed in the latest assignment in the county file: having had CITI transfer all rights to them c/o Seterus on June 12th 2014 – over a month before CITI filed the notice of application for FJ on July 11th. As I mention, CITI claims to have NO information throughout any of their departments other than the account was closed on June1. I would really love to put the kibosh on this FJ, but I need to know whether CITI’s attorneys will just amend the FJ to Seterus after a sale? Is that legal? Can they do that? BOBBI – do I have to cite each law pertaining to my claims; request for discovery in the motion? TY so much!
@BOBBI – I forgot to mention that the FJ did come as a copy to me – listing Seterus as the recipient of which I was copied AND it was also forwarded to my current temp address outside of NJ. So the answer is both. None of the other documents seem to have made it to me when I had mail forwarded – but I always managed to receive the utilities bills and other mail including a letter from CITI that told me my new servicer was Seterus as of June 1 and I should make all payments to them.
Also, if the actual original note was filed with the judge, why wasn’t it included in their certifications in the Complaint? Where would I get a hold of that document?
Hi BOBBI – Lots to say to you today. Don’t mean to be so overwhelming. I did find the NOTE in my paper file dated Dec 23, 2004 listing Flagstar as the Lender – nowhere does it mention the “OWNER” of the note, except that there is a form tagline on the bottom of the first page stating “MULTISTATE FIXED RATE NOTE -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT.” Does that mean they are the OWNER? This NOTE is also not signed by anyone, including me – although it indicates in brackets to [Sign Original Only] Shouldn’t have I received the originals or at least copies of the signed and countersigned docs?
I am preparing the timeline as well as a timeline in my county records. Am I to understand correctly that once a mortgage is discharged through a re-finance, there not need be an ‘assignment’ of the mortgage or note by the bank discharging the debt to the new mortgagee? – Only when they, themselves transfer the mortgage? There are many gaps I’ve found that I believe this answer will satisfy. I have also found the pro-se motion to vacate the FJ form online @ http://www.lsnjlaw.org/Housing/Home-Ownership/Foreclosure/Pages/Certification_in_Support_of_Defendants_Motion_to_Vacate_Judgment.pdf , but it seems like multiple choice without being able to cite explanations. Is this what you feel I should be using at this junction? – also mentioned, was to file as ‘pauper’ so that fees would be stricken or reduced. I know there is a lot here and I so appreciate your patience. Wish we could email.
Don’t all go to the link at once! Don’t be a bunch of wusses!
facebook.com/MainStPledge
Went to the site but found it confusing…the “Pledge” needs to be front and center and not located on the MORE tab. Put what we want and what is right on the opening page or at least create/edit the tab to show ‘the pledge’. Just my 2 cents.
Here’s our chance to act as a UNIT! The goal is to have candidates and officials sign a common sense pledge to address foreclosure/mortgage fraud. A Congressman in FL is supportive from a reliable source. 😉 Like the page and add any comments. Email any candidates and encourage them to like the page and/or download the pledge and sign it.
Pledge is under the More tab and under Apps in Welcome.
It may be too late for this election but it could be a start and regardless of who’s elected we can make our voices heard. You can also sign a petition to Obama,Boehner, Pelosi and Reid. Think I forgot about McConnel.
https://www.facebook.com/MainStPledge
http://www.thepetitionsite.com/354/449/956/stop-the-theft-of-american-homes-and-our-nations-wealth/
You are the first goers!
Oh yeah and like the page and comment so we can show traction.
Here’s a good site to get campaign info:
CA example
http://www.uselections.com/ca/ca.htm
http://www.jerrybrown.org/contact Governor
http://www.neelkashkari.com/contact-neel/ Governor
http://www.padilla4sofs.com/contact_alex Secretary of State
http://www.petesos.com/contact Secretary of State
http://bettyyee.com/contact-info/ Controller
http://www.fresno.gov/Government/MayorsOffice/default.htm Controller
http://kamalaharris.org/contact-us/ Attorney General
http://www.rongold.org/contact/ Attorney General
Send to each as well as senators etc and local.
Governors, Attorney Generals, County key
FL contacts
http://www.rickscottforflorida.com/ Governor FL
http://www.charliecrist.com/ Governor FL
http://www.pambondi.com/contact_us Attorney General FL
http://www.georgesheldon2014.com/contact Attorney General FL
Sounds like the court/judge had wrong info when they issued judgement or maybe that’s what the banks attorneys wAnted the judge to think. I would look at the court file to see what’s in there. Attorneys have easy access to files and can manipulate them to their benefit. My file started out as a paper file but now everything is submitted electronically so there is less manipulation but don’t be fooled by that either. I bet your judge does not know this and to him or her it’s just another closed case. I would definitely contest it. Sounds very fishy.
Don’t get the service r mixed up with the lender. If citi foreclosed and received summary judgement and they can prove that they are the holder of the note at the time foreclosure proceedings started, then once they get a judgement they can do what they want. You only have a certain time period to redeem the property or get judgement vacated. The servicer only collects your payments supposedly. They have no right to foreclose unless they are the holder. This is my understanding. Fannie Mae is the holder or investor but I don’t see how Fannie mae and citi could both be the holder of note. Citi would had to have sold the note to Fannie which obviously means they would own the note at different time periods. I have always believed that Fannie mae is nothing more than a facade for all these big banks to hide behind for all their dirty dealings and numerous screw ups they made
Thank you, Lms52. It appears through an assignment recorded in my public file that Citi assigned the mortgage note to Federal National Mortgage Association c/o Seterus (as servicer) on June 1, 2014. However, Citi sought final judgment on June 16th and was granted on Sept. 23. So Citi claimed to be the holder in the original complaint (Oct 15, 2013) and request to enter default (Feb. 26, 2014) including certifications on February 25, 2014. The question becomes: How can a previous holder of a note receive a final judgment after it was assigned and still be beneficiary of the debt.?
; How could a bank receive final judgment if it no longer holds the note?
@ Suz – the date of possession is based on the date the foreclosure was filed; not the date that the court awarded the final judgement on June 16th. It goes by the date that they first filed for foreclosure. It that date was prior to June 1st 2014 (which according to your post was Oct. 2013) then the award of the final judgement is correct as far as the courts are concerned. How do you figure that Citi is a previous holder when the transfer was done June 1, 2014 well after the final judgement?
Actually a pretty loaded question. You may want to verify what type of servicer they claim to be. If FannieMae/Selerus only had servicing rights then my understanding is they could be holder of the note w Citi still claiming to be beneficiary. In CA I believe the trustee must be holder of the note when it pursues foreclosure action. Basically a note can be assigned for the purpose of foreclosure from my understanding. The problem is if CIti was assigned the note or did they actually fund loan? That’s where you need to do chain of title and payments, follow the money and check your dates, signatures etc! And read your documents and figure out where your debt lies.
@BOBBI, Lms52 and hammertime~ Thank you so much for your responses. This is where it becomes confusing to me. between Lender/Servicer – I made the mortgage through a voluntary refinance back in 2004 with Flagstar Bank. Within a few months I was then directed to send payments to AM AMRO (no assignment in the record from Flagstar to AMRO) Then in 2005, I was notified to make payments to Citi. So I had been paying Citi from 2005 thru 2011 – During that time there was never an assignment from Flagstar to either UNTIL one was filed on record to Citi in 2012 (~10 months after I stopped paying). How do i know who had title/note vs. servicing through all these transfers without assignment? All assignments on record are “Assignments of Mortgage” and don’t mention the note/deed of trust.
The Chrono – Attorneys for Citi filed a lis pendens on the property on Oct 25, 2013 along with the actual complaint. The request to enter default was filed Feb of 2014. Here’s the kicker – On June 1st – CITI, the ‘assignor’ SOLD, assigned all rights, liens, etc. to Contact Federal National Mortgage Assoc c/o Seterus. Attorney’s for Citi first sought App for Final Judgment on JULY 11th and was granted the Final Judgment as “Plaintiff” on Sept. 23, 2014 – 3 months after this recorded assignment.
BOBBI – I’m not claiming CITI didn’t have possession at the time the complaint was filed – I have no clue who did, even though they claimed to ‘hold’ it at that time. I call them the previous servicer because they assigned the mortgage to FNMA back in June. So, how can they be awarded the debt in final judgment and initiate a writ of execution when they are no longer involved? CITI claims my file was closed on June 1st and has no further record. (they asked me to forward the copy of the final judgment since they had no info)? So my question sort of remains – Can a court grant a judgment to a plaintiff who already sold/transferred his rights away before the judgment? Then how in the world can Seterus now want money from me in a modification?
As it is, I’m filing a motion to vacate the judgment and was curious as to how to word this part about who owns the note, has right to foreclose and who is paid after the mortgage has been sold. You guys have been great, thank you!
My starting point would be your refi. If there was a payoff they should have delivered the paid note by right. If they can’t prove they paid it then you can challenge the verification of debt. As Garfield says if all the other assignees claim they are holders of note but not holders in due course then there’s probably something wrong. So you probably have broken chain of title. If the assignments claim a different beneficiary or you were told there was an investor involved then you have to make them prove there was a valid transaction. If you requested copies of note there should be an endorsement to FNMA if actually “sold” from what I can see. AMRO is another possibel break. If you have a lawyer hopefully he/she asked these basic questions. If in CA you can raise these issues after sale and if pattern of harm done can be $50,000 in damages. If it’s within a year some lawyers in some states claim you can sue as well. If you paid so much and it seems almost nothing was done along these lines would think there’s some legal malpractice or other damages you could probably claim and try to to get your money back. I would guess that the original Flagstar loan claimed to pay off some loan as in my case but if previous loan and chain of title was corrupted by MERS etc your title could be even more messed up. Similar to my case but anything’s possible and you have to understand the specifics of your case. You may want to sign up on foreclosurehamlet.org to better review or see other similar cases.
Does anyone know what the Florida Court Rule is on having hearings before a Trial?
@Idynps..hello,to fill in blanks,I was pushed into foreclosure without missing Any principal/interest pymts,lender manipulated default from force placed insurance NEVER needed,summons says I defaulted but my bank account/statements tell a way different story:-) I had a lawyer for 2years that stopped working on our case 6months after retaining him!but continued to bill me,after 3firm changes & busted him flat out losing,we FIRED him:-) & we have continued pro se,to date I have confirmation from chase we indeed had paid,as I’ve claimed since day one,BUT CHASE is continuing foreclosure actions on a default that is/was/always has been paid,,so I filed Motion to dismiss 🙂 Lack of standing with prejudice,on the following grounds..Committing fraud upon the courts by stating they are holder of note,They do not hold tangible note,..Refusing to cooperate with All attempts to stop illegal foreclosure..filing forged/faked documents in court &public record..False reports of default to credit bureaus,When it is the Servicer who altered records to MANUFACTURER the default..Unfair & Unexceptable loan servicing practices and actions..Scrutinizing foreclosure ATTEMPTS under Debt collection laws….
Almost carbon copy of my case…looks like they are going to tighten screws and set sale date. Do you have a case #, state, court where I can look up your case?
@Hammertime:-) 🙂 sorry for delay on response,,but I filed Amended Motion to Dismmiss:-) 🙂 & case no.11-CI-00033.. could you glance over & give ur feedback:-) my court date is fast approaching &I’m not intimidated at all,,should of done this pro se from the start but if you could check it out:-) 🙂 🙂 still praying for peace,resolution to all fighting this un-real evil..CHASE!!!!!!!
Angel
Who is the law firm representing chase? Just curious but I would not answer just go to court date!
Did The Curt Dismiss your Case with prejudice? If so, the bank lost and you can just move back home!!
Not yet,court date is Nov,14 th
& I’m at home:-) 🙂 I have not had to move,no sale date EVER, & I think its because I got em by there nugguts,,lol been fighting this since Aug,2010
Lerner Sampson & Rothfuss ,,,,their crooks,,& thank u for answering me:-)
Angel,
You are allowed to submit one additional brief if you have something more to say to strengthen your reasons for dismissing the complaint. Other than that at this point the judge will have to make a ruling on the motion for Summary Judgement submitted by Chase – if one was submitted by them, or you just appear for the bench trial on the 14th.
It sounds like you are in Ohio 😉
I’m in Kentucky,so how to word it? Because I DO have confirmation now( after 4yrs) from chase with the assistance of CFPB,I would like to have the judge see this,on top of no deed/note,never filed/recorded in my county,& 100% proof of forged signatures
that is exactly what you should do
Ocwen..top of the lists of thieves….forget the lock….replace the whole door
Yuba award cut. So much for trial by jury. Then again makes sense to some degree but people fighting for years, being thrown out for no reason with obvious “… evidence that the errors made were intentional or made in reckless disregard of causing emotional distress.” seems result could be similar as in Kalicki.
Read more here: http://www.sacbee.com/news/local/article3426611.html#storylink=cpy
Hammertime, I don’t know if this decision came out of your home state or not, but I would bet that this judge’s campaign funds come from PHH…betcha! The people in that state or county need to get rid of that judge for sure!
In CA which was a minor miracle but I agree there’s a good target for the pledge!
I’m reviewing possible approaches for us to work together and be independent from any agency, law firm, politician etc and get direct and affordable help.
I still feel the file/sharing site will be a component but got bogged down on my case and didn’t have the full structure set up.
I came across a web site focused on quiet title with very good information especially on MERS by Lance Cassino. We got in touch and we had a very good conversation and found we have a lot of parallels as with David Black.
Turns out he is moving forward on a membership site that I am supporting to hopefully get off the ground and that we can be a part of. It can also be a model for other components of the direct homeowner approach I envision.
Here’s a link to his chain of title assessment checklist: http://cotaparalegals.weebly.com/cota-checklist.html
Here’s his fund raising site and association membership. For now he is starting with CO his home state. We can help develop and start own chapters.
http://www.HomeownersPMA.org
http://www.gofundme.com/g8q3b8
You can also contact me here http://bit.ly/Si8EL5 if interested in file/information sharing or want to review how we can work with Lance or independently or some combination.
Thanks.
My home in Florida was recently foreclosed and sold. (Purchased back by the bank). My loan is a classic 2005 Fremont mortgage. 100% predatory and sold to countrywide only weeks after closing.
Turns out, the mortgage has the wrong legal description. Not the same as the title / deed at the courthouse. This was only caught when they tried to get title. My attorney argued and got the judgment thrown out, and sale vacated.
Problem now is how do we proceed? I suggested we move for a dismissal. They suggest we wait it out and see what their next move would be considering they have to find someone from Fremont to testify to their intentions when the mortgage was created. Which they think will be almost impossible.
However, after what I have seen them do with the fake assignment of mortgages, I don’t put anything pass the banks. My attorneys are great criminal trial lawyers, but I think we need some help or suggestions on how to win this foreclosure case.
Instead of simply reacting to their moves what can we do? Now Nation star has hired Ackerman law firm and we have a notice to appear. Should we move for a dismissal or should we wait it out? What other options should we consider. Should we move back into our home since the sale was vacated?
Although they have defended many cases, our attorneys know foreclosures are not their main practice, so they are very open to any legal suggestions.
Move back into your house!!!! Do not wait for the lying lasers to make their move? File for dismissal with prejudice and move on with your life!!!!
Hi,I’ve done just that,but received Oct,17 from chases lawyer a motion to strike my motion to dismiss,,,I’m acting pro she’ & my question is,do I reply to this? Or do I wait for my court date 11-14-2014?
Agree with ldynps! Move back in – title will be vacated and reversed from the sale. YOU OWN YOUR PROPERTY. Now act on your constitutional rights.
I agree move back in as possession is what 90% of the law as they say!
In CA they would have to start process over again with Notice of Default I believe. Would be interesting to see what your lawyers would say for quiet title action.
In the state of Florida (and I’m not sure if that follows with every state) but the mortgage is filed according to the LEGAL description, not an address. That is simply because addresses can change through city or municipality or even the postal service, but a legal description CANNOTbe changed without authority of the owner of record. If they filed the mortgage with the incorrect legal description then they have foreclosed on the WRONG property. What they have is legally an ‘unsecured’ note…period. Oh, yes, they could sue you in court for a judgement, but you could easily wipe that out with bankruptcy if you filed before they initiated any action. File for dismissal and retake your property.
Thanks guys. You are correct, the legal description is wrong on the mortgage. It says 50f…..instead of 50 of. They tried to argue scribblers error, but since it was on the mortgage and not just in the judgement paperwork the judge didn’t buy it and vacated the judgment and sale. The Original firm hired by the bank is no longer representing them. We got a new servicer (Nationstar) during trial, and now a new law firm just took over to represent this servicer.
My lawyer says they have the legal right to TRY to “reform” the mortgage with the correct description? Is this true? But he thinks it will be difficult because they will need an official from Fremont (they were shut down in 07 by the SEC) to testify as to their intent when they created the mortgage. Who knows what they will come up with?
If they had done a proper VOD wouldn’t that have caught this? My VOD was a robo-signer for B of A. Also, how can they have lien on my home and the one described in the legal description. I think they knew the description was bad. This is why they refused our request for modification for over 4 years. Fremont was cited for selling bad loans.
Wife is reluctant to move back in, because of all the stress of having to move out before. She’s afraid, we may lose and have to move out again? Not to mention we have young kids. Personally, I’m all for moving back in, but don’t want to put her and kids through that again, it was pretty rough having to pack up and leave.
The judges and banks are all working together, so even when the facts are on your side, they will still screw you. I think I will just take possession, close all the blinds and lock the place up. Or let my friends move in until i know for sure. Oh, they have also changed the locks.
Thanks Bobbi, I just spent all weekend researching the Florida reformation statute.
It appears that the reformation rules require that any reformation complaint must be filed within 5 years of the document’s creation. Simply put, “The statute of limitations” for reformation in my case passed over 5 years ago. So legally, they can’t reform the mortgage to change the legal description.
Take a look and see what you think?
F.S. §95.11(2)(b) http://www.flsenate.gov/laws/statutes/2011/95.11
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/272B7002AD1D9E2585256F1F00597B83 (fourth from the last paragraph)
If I’m correct, shouldn’t this have been known by someone besides me? Just asking ? Seems strange? Such an important factor, If anyone know a good Florida Foreclosure attorney that can look at this for me, please pass their contact info.
Thanks guys
@ Tony – Evan Rosen is the best one that I know of for a good defense attorney. He’s in the southern part of Florida. Don’t know exactly where your property is located but he advertises on this site as well. If not in your area you may just get a referral from him if he’s out of the area for you.
Tony, get your ass (and your family) back in that house! You are ultimately responsible for it until SOMEBODY takes ownership. YOU ARE THE OWNER. get back there and protect your home.
You are correct. But the mortgage/ management company they hired to oversee the property (the one that gave us the demand letter to vacate or be evicted ) changed the locks. I check the county records and property has been put back in my name, but I can’t take possession. I guess I could pay a locksmith to change the locks back. They also damaged the exterior lights on the home. SMH
Tony – Ever hear of a bolt cutter????? You can even use a Dremmel to cut off a door lock. Get the H*** back in your property and take back what is legally yours in the first place! You said your wife is afraid and will have to move again? Our men and women die almost daily fighting to keep the freedoms that we have alive and well. They do this with great bravery and determination. Don’t you think those that they are fighting for should do the same when we are presented with an enemy hell bent on destroying us? Where’s the same bravery here?
@ Angel – what was the reason that the lender’s attorney used for dismissing your motion to dismiss? You can can file an answer to his specific reasons, if any were given but you will need to recite rules of procedure or law to back up whatever claims you make.
ATTENTION VOTERS………….As I sit in California marking my ballot here because my home in Seminole, Florida was stolen by an unknown bank and allowed by an unjust JUDGE in Pinellas Circuit Court, I realized if I was voting in Florida, I could vote against her. I am posting this message to ALL who are on this site and remind you to VOTE each and every Judge out of office that have been on the bench for the past 6 years! Get rid of each and everyone one of them for allowing forged and fraudulent documents to be used in order to give away our homes!! TAKE A STAND and get these illegal Judges out of office……………………
The problem in Florida is they have put the “retired” Judges in place which were appointed — never voted in and can’t be voted out.
Seems illegal since Judges are supposed to be voted in.
In Florida the banks are out at full force and the “retired” Judges give them multiple bites at the apple.
this site helped me win my FC now I am trying to hang the plaintiffs lawyers, firm of Shapiro Fishman and Gache in Tampa, the witness for the bank was Moises Margulis, when I researched him I only found a attorney in south FL, I think that was him, older man, glasses, heavily accented English, salt pepper hair, overweight. I am looking for any information to use against them. I am asking for anything, anyone knows, I found his name on the robo signers list while researching for someone else. If I find more fraud where should I take it? Fla Bar? AG?
I have been sitting in other trials to learn if we want to keep our judges, Our here in Volusia county have been fair and honest.
thanks to all
Keep up the good fight
Karen? Your comment is rather interesting as you say you have been sitting in Florida Courtrooms to “learn if we want to keep our judges”??? For the hundreds of thousands of fraudulent foreclosures going on in Florida, most judges DO NOT ALLOW “people” to sit in their Courtrooms to watch their illegal rulings as well as not providing Court Reporters for the same reasons….You further post that in Volusia County, there is some type of unknown “fair and honest” judges? This is news to most people fighting to save their homes on this site so, I find your post very untrue. Further, you are asking what to do with a robo signer and who should you direct your complaint to? Karen, the facts are that No Agency Is Doing ANYTHING about the robo signing nor the fraud and if you really were sitting in Courtrooms, you would know that??? I question your intent??
KAREN?…….FYI…….
http://www.occupy.com/article/how-wells-fargo-fraudulently-foreclosed-florida-homeowner?utm_source=Website+%27Join+Us%27&utm_campaign=84ac0e8aef-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_77fe4a462d-84ac0e8aef-73716269
Haven’t been around here in awhile but I thought some of you might find this interesting. I thought I remembered a couple people that were dealing with Ocwen Financial, looks like they are in some serious hot water. http://stafnetrumbull.com/mortgage-company-ocwen-financial-crashing-new-york-regulator-says-uncovered-serious-issues-company/
Hi ALL – I just spoke with my new loan servicer (Seterus) and they have absolutely no record, nor knowledge of this FINAL JUDGMENT. They highly recommended I call CitiMortgage to find out why I received the letter while they are willing to work out something with me. I called CitiMortgage and they have no record of the FINAL JUDGMENT, asked me if I had another account with them, (I don’t) and claimed the account was CLOSED as of June 1st 2014-transfered to another lender. The agent assisting me said she exhausted all departments in search of info and found none and asked that I provide them a copy of the final judgment letter from their own attorneys to their research department! This order was finalized on Sept 23, 2014 As it stands by order of the judge, Citimortgage is to recoup the total monies and interest from a sheriff sale, yet Seterus wants to work out a payment modification with me! This is insanity! What to do next? Do I write the judge? Might anyone know anyone who specializes in this type of litigation or resources whereby they are aware of such practices? I cannot find anything specific as to a next step in this case. The nightmares all are suffering and those who have suffered is despicable.
why don’t you get yer butt down to the courthouse and get a copy of the judgment?
Thank you, usedkarguy – I have been sent a “copy: of the judgment and am currently out of state across the country. I’m seeking to file a motion/injunction – just trying to figure out which motion I need to file at this stage.
I’m still trying to find an answer on whether the lender (Citi) can actually seek Final Judgment and be granted it AFTER it was assigned to another servicer (Seterus) Seterus (on behalf of Fannie Mae – who claims to own the note) is offering a modification, while Citi was already granted final judgment since they claimed they are the ‘holder’ of the note when the complaint was filed. (?) – I thought the note must follow the loan through a mortgage assignment. After to speaking with a NJ paralegal, she told me this happens all the time. it’s like I take someone to court and receive a judgment for an injury I sustained and amend the judgment to name a different beneficiary who was in the same accident – this is not making sense to me. What’s coming next? – Is it really that simple and legal for Citi’s attorney to now amend the final judgment to another beneficiary once a sheriff’s sale is complete? If anyone has info/not resources on this particular subject, I’d so appreciate it. I’m wanting to file a motion to vacate the judgment and would need to know if this is worth mentioning. Thank you ALL!
Suz – as LMS52 stated, don’t confuse the servicer with the lender. Servicing of a mortgage can be sold and does not require a sale of the note or mortgage. The lender simply sells the ‘servicing rights’. In your case if Fannie is stating that they own the note then the loan (meaning both the note and mortgage) were bundled and sold in a trust. They are merely an ‘investor’. Citi used MERS to assign all of their loans when they were bundled and sold on the secondary market which means that your note and mortgage must be listed somewhere with the SEC (security exchange commission). I have always contended that a an originating lender cannot foreclose on a securitized mortgage since there are multiple owners (investors). At the time of the sale the originating lender (in your case Citi) would have had to assign it to the Trust thereby giving up all rights of ownership. The Trust has a Trustee for the investors and that would be the legal owner. And I still contend that even a Trustee under the Trust that holds the note and mortgage cannot foreclose because of the fact that the securitization of a note and mortgae alters the validity according to UCC. Most judges, however, will just ignore most governing laws of the UCC (Uniform Commercial Code). If you want to be able to vacate the judgement you would probably need to prove the ‘true’ ownership of the note and mortgage being held by Fannie and file as to “no standing to foreclose.” Good Luck!
Not sure if I’m on a particular thread in this forum, but am grateful for all the research and discussion. I do have a question – perhaps one or some of you here have experienced this: Citimortgage filed a lis pendens back in October of last year 2013)- had since received umteen loan modification applications from 3 different lenders as I had no idea who owned the note. (Each claimed they did when I inquired) In any event, I did not go through the LM process after hearing the nightmares people were put through being forced into foreclosure; besides not having a steady income to commit. On June 16th of this year, CitiMortgage assigned the mtg to Seretus. (Seretus) claimed they sent me a welcome packet…etc, which I hadn’t received – I told them the home was on the market and that Citi had a lis pendens filed. They claimed they knew nothing about that and wanted to offer me a ‘guaranteed’ loan modification – This was only expressed in a phone conversation whereby the agent verbally expressed only the amounts and dates, but I recceived no application paperwork – they claimed the owner fo the note was Fanny Mae – the agent said he would get back to me regarding the ‘is pendens’ info as well as a pay-off statement as I had a potential buyer. In the meantime, I decided to call Citi’s attorney who filed the lis pendens and request they remove it as it was hurting my opportunity to sell. The attorney said the lis pendens “follows” and Seretus now became their client – (is that true?) I never did hear back from Seretus, not did I receive ANY paperwork, requested or otherwise from them. WHAT I DID JUST RECEIVE through ‘regularly forwarded mail’ was a COPY of the FINAL JUDGEMENT granted to CITI on Sept 23, 2014, directing the Sherrif to sell. QUESTION! Can a bank seek and be GRANTED final judgement for foreclosure AFTER having already assigned the mortgage to another bank???? I was never served via mail or in person and there is no publication through which I was provided an opportunity to answer in defense of foreclousre. I have searched this site and the internet on whether I still have a right to respond, but cannot find any concrete suggestions/ways or means. Seeking an attorney is of no real option for me as I’m now working a minimum wage job. Any help would be greatly appreciated. Thank you for ALL of you who take the time to care and respond to one another.
If in CA and not in bk you definitely should have a boatload of options. All sounds pretty flimsy bordering on unbelievable like a couple of other recent posts but then 2/3 of foreclsoures are from ’08 and before so anything’s possible. On right track to contest foreclosure seems like quiet title would bring them all out of the woodwork. If they’re involved with settlements use their language and make complaint to CFPB, but make complaint anyway and request they stop sale.
Suz – you did not state what state you are in as the foreclosure laws are different for every state mostly. If you are in Florida you do have options especially if you were never ‘served’ the lis pendens. There’s also a line of proper paperwork that has to be filed by a plaintiff here in Florida. Outside of Florida, unfortunately, I am not much help but there are several if not all of the united states represented in this site.
Thank you hammertime and Bobbi – the property is in NK (judicial state) I was never served anything – I found the lis pendens in my county record file.
Being that it has been a year and if there has been no appearance in a courtroom from any representative on your behalf, a court judge would maybe think the home was abandoned and they would grant a judgement in favor of the bank. I really don’t see how this could happen. I would go to your local court and file a motion to be heard and BE HEARD. Sounds like more typical underhanded banking which to the big banks are just the “normal” procedure these days. Does not sound right but I’m sorry to say if you were not paying or making an effort to pay, it just makes it easier for the bank to take the property. Good Luck!
Sorry ALL – that is New Jersey. Thank you LMS, but I am in Colorado right now on temp work and cannot fly home – All mail has been forwarding but all I received in the last 2 months was an escrow notice from Seterus and this Final Judgement. I wasn’t aware I could appeal a final judgement~ (?)
This could apply to the 2nd lien issues we’ve been hearing:
Lenders Appeal Court Decision Allowing HOAs to Extinguish Mortgages
Author: Brian Honea October 15, 2014 0
HOAs to Extinguish Mortgages
“Several mortgage lenders have asked the Nevada Supreme Court to reverse a decision it made in September that a homeowners association’s (HOA) super priority lien can extinguish a first deed of trust nonjudicially on a residential property.
Last month’s ruling, which was issued by only a 4-3 majority, has only caused more debate in Nevada between mortgage lenders and housing investors over whether or not HOAs should have the right to extinguish a lender’s mortgage on a foreclosed property without going through the courts.
The ruling allows HOAs to legally foreclose on a property that is delinquent on dues payments and auction off the title to the property without the involvement of the lender or courts. The sale of the title by the HOA extinguishes the first mortgage, an action that the lenders argue is not in the best interest of either homeowners and lenders. Lenders contend that HOAs should have to go through courts when initiating a foreclosure on a residential property and they should not have the power to extinguish mortgages nonjudicially.
Lenders view last month’s court decision in Nevada as an industry-wide concern that could spell disaster for the mortgage industry as a whole, especially if it sets a precedent for other states.”
http://dsnews.com/news/10-15-2014/lenders-appeal-nevada-court-decision-allowing-hoas-extinguish-mortgages?utm_source=DS+Weekly&utm_campaign=ab6854f801-DS_Weekly&utm_medium=email&utm_term=0_cc3ebd2b74-ab6854f801-175422189
If we don’t let OUR reps know about OUR disaster we’ll keep being treated like 2nd class citizens! All it takes is 15 minutes to email, fax don’t even have to spend on a stamp! Even if you hate YOUR government!
hello all
copy of my post on facebook to gary sinise foundation and to Bernie sanders chairman of senate veterans affairs committee.
Posts To Page
David F Black
Today at 12:54pm.
hello Mr Gary Sinise Foundation as you know already homelessness among veterans and disabled veterans is a national problem. I am writing you as a 100 percent disabled veteran who is fighting to save my home from foreclosure. It seems under threat of foreclosure I am being asked to pay my mortgage payments two and three times from my disability pension for the same month and year. In my case I am not in foreclosure not in bankruptcy nor m odification and this is happening to many veterans allegedly like me. I am asking you to speak out about disabled veterans being denied modifications while their mortgaqe payments like mine disappear and then the servicer demands even more money. In my case, I am being demanded to pay on a mortgage that I didn’t even apply for. It was created without my permission or application. this is happening all over the country. in my situation the servicer has been fined $ 120 million dollars by us doj for targeting veterans for this kind of fraud and alleged extortion but yet they just keep on committing these crimes. We need your help. I and my family have served in the military since 1927 and when civilian federal service is added to that it comes to almost 200 years of service by one family to these united states I have filed over 50 complaints about this to the u.s. consumer financial protection burean and ellen warren senator on u.s. banking committee and patty murray my senator from Washington on senate veterans affairs committee and Bernie sanders chairman of that committee. to no avail. please help us by speaking out about this national problem. I do not have a VA mortgage loan although I am eligible for one.
Thank you, I will research the detail of the process we followed. Hating to sound so ignorant but it happened so quickly during a period I was extremely ill, recovering from a surgery that had gone bad.
We had a modification, we thought, in place with our first chase bank which at the time the 2nd was waiting to come through, he thought chase would never produce one. we had a plan with the 2nd if chase does not produce the modification after all the trial period payments and waiting, we would then sell the property together. Chase finally came through we showed the 2nd lien holder our signed notarized modification, he eventually produced a modification as well, we signed notarized the 2nd lien holders mod and sent it back. our 1st payment due 5/1/2010 he foreclosed on 5/8/2010. Additionally, we paid this man in February and March 2010 then showed him our mod with chase. He kept the home for 2 years before notifying chase although kept the hoa current.
Thank so much Lisa
Me again in San Diego California scheduled for my hearing in civil court for a trial that is scheduled in the month November we really need some assistance locating an attorney we have exhausted the private sector and phoned every help line available for legal services with no service available to us. This has been a horrible dusty trail for the past four years we have been so disappointed in judicial system. We have our tentative ruling, but no attorney, since running out of money, to date this has cost us to fight for our rights 51,000 in legal fees now no home and no retirement, is this for real?
Lisa
Tried to reach you but your email bounced. Here’s info for San Diego referral
https://www.sdcba.org/index.cfm?pg=MainLRIS
The Lawyer Referral and Information Service of the San Diego County Bar Association connects you with qualified, prescreened lawyers in San Diego who can provide up to 30 minutes of free consultation.
Call us at (619) 231-8585
Chat online with our experts
Submit an online referral form
I would try for continuance and then regroup for trial
Another one where the 2nd lien holder foreclosed without the first made aware. I would let the first and second battle it out because the second acted as in the first position when they are not and is fraudulent selling the property in your name after they foreclosed on u supposedly. Keep your paperwork of the timeline. Forget attorneys. Just take a court reporter to your hearings and take it to the higher court if necessary. But sounds like deceit and fraud on the second. Sock it to them good!
This may seem un related but reflects the in competence in WA to deal with problems affecting us as with banks controlling Congress and being denied funds meant for us and our communities.
Guess Who’s Holding Up Ebola Aid?
Zoë Carpenter on October 9, 2014 – 2:14 PM ET
“A Republican senator is urging his colleagues to hold up the $1 billion the White House has requested to combat the Ebola virus in part because the plan “focuses on Africa.”
“I ask you to oppose fully allowing the additional $1 billion in reprogramming requests until previously requested additional information is available for members of Congress to be fully briefed,” Louisiana Senator David Vitter wrote in a letter to members of the Senate Appropriations and Armed Services committees. The $1 billion that the administration has requested would be redirected from funds from the war operations budget to pay for the construction of medical facilities, supply distribution, medical training and for military and civilian personnel. Most of the money has been held up for nearly a month, as Republicans on key committees demand more details from the administration.
While Vitter criticized Obama for not fully presenting a plan, he apparently knows enough about it to be concerned that it “focuses on Africa, and largely ignores our own borders.” Vitter wants the United States to bar noncitizens traveling from countries affected by Ebola from entering the country.”
http://www.thenation.com/blog/181928/guess-whos-holding-ebola-aid?utm_source=Sailthru&utm_medium=email&utm_term=email_nation&utm_campaign=Email%20Nation%20%28NEW%29%20-%20Most%20Recent%20Content%20Feed%2020141009&newsletter=email_nation#
Hello,
We have depleted our retirement money retaining two attorney’s in San Diego California. Our first was disbarred neglecting several clients and most recently our attorney filed with court requesting early removal from out current case, just after our most recent tentative ruling from the judge:
a. Illegal foreclosure
b. breach of contract
c: fraud
d: our trial hearing is mid November 2014
e: readiness trial October 31, 2014
This was the second lien holder and a trust that foreclosed on us, evicting us from our home of 20years, rent scamming the property for two years before notifying the 1st and arranging a cash sale negotiating in our names. Leaving the property on our credit report allowing us to never move forward. If it wasn’t for us submitting US postal change of address on our old home several times we would never had known of the transaction of the sale of the property in our name! We need help we are fighters not just for us, but for all future home buyers. We hope to contribute some change in this crazy American scam that has hurt so many people….
Kind regards
Lisa Campbell
Sent from my iPad
I’ve been in touch with folks on here and an approach may be shaping up. If you’d like to get in contact you can email me at following signup form. I’m in Los Angeles area and have been fighting since ’08.
http://bit.ly/Si8EL5
Hello Hammertime,
Thanks so much for responding to me! Sadly, does not look good right now with our lawsuit. Our current attorney has done everything attempting to sabotage to what is left of our complaint i.e.; filing late papers, submitting docs with many typos, and date reference errors, lastly yelling at me in front of the courthouse telling me my integrity is off the table.
I have cried so much, my husband fed up now, wants to drop our lawsuit and file bankruptcy, I told him I am not willing to eat Crow just quite yet! To date we spent with this attorney 18,000 and most recently invoiced for 20,000. Our first attorney we gave 17,000 retainer.
The fact that our home sold as a short sale Jan. 2013 and not as a foreclosure that we had thought and claimed on our 2010 taxes, somehow generated an IRS audit causing my husband payroll checks garnished, taking us over two years to figure out what happened? Prior to that, we planned to chalk this up as lesson learned, move forward but as we continued to sink we needed legal advice. So here, we sit, no money left and the trial hearing in five weeks. Looking forward to hearing back
Take care,
Lisa
Lisa – if you had a short sale on the house you would have had to sign a purchase contract, either attend a closing or at least sign over the deed to the buyers. In a foreclosure you are sued in a court, the plaintiff obtains a summary judgment and you doing nothing but walking away, signing nothing and never signing a deed. Once the foreclosure sheriff’s sale is consummated a Certificate of Title is issued instead of a Deed.
Putting your property into a trust is a popular way to insulate it from grabby lawyers. I’ve noticed it most recently by PHH mortgage in their most recent 10Q putting large chunks of their securitized holdings (your house and mine) into trusts, just in case they decide to file for bankruptcy and keep the assets of indeterminate value out of the trustee’s hands. it also has the advantage of making the company harder to value in case blackrock or some other sleazier-investor-than-thee-or-me decides to try a hostile takeover at 0.03/dollar. Sounds like a good strategy, if your desire is to keep the property.
Don’t know anything about these guys other than what is in the article. If you;re in South Florida, it may pay to look them up.
http://extra.heraldtribune.com/2014/10/05/strategy-mortgage-violation/
Post from the dark side:
MBA Pushes for Reg Changes as Lobbying Soars
by KATE BERRY
The Mortgage Bankers Association continues to push back against regulations stemming from the financial crisis, as the industry’s biggest lobbying group continues pushing for regulatory relief to bolster the housing market — and boost profits for its members.
http://www.nationalmortgagenews.com/news/regulation/mba-pushes-for-reg-changes-as-lobbying-soars-1042830-1.html?utm_medium=email&ET=nationalmortgage%3Ae4010451%3Aa%3A&utm_campaign=-oct%208%202014&utm_source=newsletter&st=email
That does not sound right since the first mortgage has priority over the second. I would first contact first mortgage that you are current on and let them know. Sounds like the second lie holder is another legal thug trying to steal your property. Really not surprised. Maybe the mortgage in first position can stop it or else get a lawyer. Does not sound right at all.
My 2nd foreclosed on my property in July. They are a private investor. My 1st was current. The property never sold at the trustee sale so now the 2nd is evicting us. They have never paid the 1st off. They are planning on using my 2% interest rate on the 1st to keep until the property value increases. Can they not pay off my first? Is there anything I can do to keep theproperty. My first (Ocwen) states that we are atil lthe owners of the property and are responsible for the mortgage. Anything I can do?
Agree with lms. You should review eviction laws for your state, county and contact a lawyer or contest according to timeline. Hope you got help.
Thanks for the reply…… We did retain an attorney and had representation at the eviction hearing. Ocwen says there is nothing they can or want to do to help. They are also not asking the 2nd to pay the balance in full. The 2nd can still continue to make the payments set with the modification at 2% interest until they sell the property. I am still in the property and for some reason the 2nd has not asked the sheriff to come lock us out. court was Oct 8, 2014. Dont think my attorney was much help. He had a 3 sentence response to the unlawful detainer that basically said it should be dismissed because we are current on our first????
need info on the Yuba case posted by hammertime does any one have a time period? new to blogging
Looks like 2010-2012 from article
http://www.sacbee.com/2014/07/18/6566661/yuba-jury-awards-16-million-in.html#storylink=cpy
“Yuba jury awards homeowner $16 million in mortgage case
By Dale Kasler
dkasler@sacbee.com
Published: Friday, Jul. 18, 2014 – 2:43 pm
It started out as a simple loan modification for a troubled homeowner. It turned into a $16.2 million jury verdict against a nationwide loan-servicing company.
A Yuba Superior Court jury this week awarded $16.2 million in damages to a homeowner who nearly lost his home to foreclosure after the loan servicer botched his mortgage modification, the homeowner’s lawyers said Friday.”
Karen….if you google John Kennerty deposition where he clearly admits he is employed by Wells Fargo and not MERS resulting in any Assignment that he signed as null and void. Just Google it…print all his deposition and file a motion to dismiss with prejudice. ..just my suggestion..
Good to hear hammertime. Not quite sure what your dilemma is with city but best to get it resolved ASAP and say goodbye to attny. They like to win but they can drag things out that are more easily resolved without them.
Thanks lms, David. I don’t understand it and don’t think even the court understood it. What I did see was the bias towards homeowners and in a weird twist towards landlords. Definitely working towards resolving, not a slumlord, but City, other officials will not acknowledge harm done by unlawfuf foreclosure. Lawyer was not jaded and just dealt with the facts which is what has been missing but looks like is changing. It seems we need to educate lawyers when they’re open but some have the same bias and presumptions which is where I agree and would rather stay out of court until this temporary insanity is over.
Still a free man! Kind of! Having a lawyer made a big difference I sensed in judge attitude. Have until January to resolve things with CIty.
congrats hammertime
David Franklin
I am looking for assignment with C Fetner signature on it, for trail. the date is supposed to be 5/21/93 day of closing, but is on the allonge filed with the complaint. Wells Fargo is the plaintiff, the other signatures are John Kertney I have some assignments from this person with other banks, one is dated the next day, he was then working for mers with a different bank. I believe the assignments were created in june of 2006 by Douglas C Zahm Law firm in Clearwater, Fl. later additional assignments were crated by Nationwide title clearing in palm harbor Fl.
is that Kertney or Kennerty? Herman John Kennerty
as in “Geline v. Northwest Trustee Services” deposition of Kennerty .
Here’s some interesting info on C Fetner in comments
http://livinglies.wordpress.com/2011/02/01/from-our-harvard-friend-what-about-lehman/
it is John Kennerty sorry spelled wrong also C. Fetner
as in “Geline v. Northwest Trustee Services” deposition of Kennerty .
is this in Florida, do you have a county or case # or Name??
I am in Volusia County
Karen, I found a couple of sites with docs signed by either a C. Fetner or a Catherine C. Fetner. One was for for EMC Mortgage on Dec 5, 2010.
On “http://pippinghole.blogspot.com”, I found a comment as follows: “EMC Mortgage Corporation-Catherine C. Fetner Sr. Vice President, Marileen D Bradley, Donna Graves and M. Mojar sign as Vice President. These woman work for Hanover Capital Partners located in New Jersey. These woman are also notaries in New Jersey, they are also notarizing the assignments for each other.”
On “http://www.foreclosurehamlet.org/profiles/blogs/here-is-the-motion-to-strike”, her signature was called into question by the court.
I also found the following document posted with C.Fetner signing for WAMU on 4/16/2003: “http://deeds.desotocountyms.gov/T/T01713-00242.pdf” The signature is simply 2 letters.
And on “www.zoominfo.com/p/Cathy-Fetner/218189022”, she is shown as signing for a few more companies.
thank you so much everyone got to get looking into it, have meeting with attorney in am he seems to listen and has been getting cases dismissed.I have been folling blogs for a long time we won in june, helping others
Looks like Florida is waking up…..
Foreclosure/Standing: plaintiff failed to demonstrate it had standing at lawsuit’s commencement and, further, assigned note after lawsuit but never received assignment of note back – Pennington v. Ocwen Loan Servicing, LLC, No. 1D13-3072 (Fla. 1st DCA Sept. 16, 2014) (reversed and remanded for further proceedings).
Foreclosure/Contractor’s Lien: reversing final judgment of foreclosure in favor of entity that purchased loans because fact issue remained regarding whether entity created investors that controlled developers for improper purpose of extinguishing contractor’s liens – CDC Builders, Inc. v. Biltmore-Sevilla Debt Investors, LLC, No. 3D13-603 (Fla. 3d DCA Sept. 17, 2014) (reversing summary judgment and remanding for further proceedings).
Foreclosure/Striking Pleadings: affirming striking of pro se defendant’s pleadings for willful and deliberate failure to comply with multiple orders – Ledo v. Seavie Resources, LLC, No. 3D14-21 (Fla. 3d DCA Sept. 17, 2014).
Quiet Title/Amendment of Pleadings: property owners should have been permitted leave to amend before dismissal of their quiet title claim with prejudice – Ledo Unrue v. Wells Fargo Bank, N.A., No. 5D13-3443 (Fla. 5th DCA Sept. 19, 2014).
STOP THE EVASION!
“Virginia drops JPMorgan from mortgage securities fraud lawsuit
By Danielle Douglas-Gabriel September 22
Virginia Attorney General Mark R. Herring (D) on Monday dropped JPMorgan Chase from a mortgage securities lawsuit against the country’s biggest banks, after learning that his predecessor Ken Cuccinelli (R) had already struck a confidential settlement with the bank.
The decision comes a week after Herring announced a $1.15 billion lawsuit against 13 of the country’s biggest banks for misleading a state retirement fund about the quality of bonds made up of residential mortgages. JPMorgan and its Washington Mutual subsidiary were named in the suit, along with Citigroup and Bank of America, for packaging faulty home loans into securities sold to the Virginia Retirement System (VRS).”
http://www.washingtonpost.com/business/economy/virginia-drops-jpmorgan-from-mortgage-securities-fraud-lawsuit/2014/09/22/9adab3d4-4298-11e4-9a15-137aa0153527_story.html
“According to Herring’s office, the pension fund failed to inform the attorney general that the previous administration had reached a $3 million settlement with JPMorgan in 2013. Terms of that agreement are confidential, according to attorney general spokesman Michael Kelly, who declined to provide details of the settlement. He said that the agreement “precludes further action at this time.””
http://piggybankblog.com/2014/09/23/virginia-drops-jpmorgan-from-mortgage-securities-fraud-lawsuit/
Wish me luck I don’t end up in LA Jail orange on Friday! Hopefully long shot.
Tried to get advice from Neil Garfield, Charles Koppa, and LA area “angry at banks” lawyer Stephen Golden but so far no go.
Lawyer is filing motion for continuance as we speak…Got much more to say on this matter
Good luck hammertime. We r with u None of these lies and deceit that the banks have pulled on us is worth jailte for us. They are the ones that should be fearing jail time
hello Lisa i sent you email and pics of black lab
I never received a reply hope u r well
good luck Luis
Bobbi, I see youre online. I just found out that the magistrate for my trial Lisa Dolin Eiss is an ex employee of chase who is my bank. No Impartiality here! Are you kidding me. How can I object on these grounds. This is unbelievable.
no no that is f****** unbelievable. If I were you I would file a motion to disqualify them the magistr.atefor obvious reasons
Can you verify if Lisa is also a shareholder…option holder..?
Unbelievable. File a Formal Justice Complaint…send it to everyone.
Moan -a- Lisa…… uggggh. Shame on you sister for removing yourself from the case….it’s called ‘conflict of interest’…
Hey, do we have anyone living in an apartment in NY? I saw this posting by Eric Schneiderman and was wondering if any of those tenants really did get compensated…check it out:
http://www.ag.ny.gov/press-release/ag-schneiderman-secures-relief-tenants-living-1700-nyc-apartments
Thks all I need one for broward county. Elyse I will try and contact yours in pineal las. This whole thing stinks. Why is the bank telling the CFPB. That my trial date is to discuss the chase settlement only. But no one can confirm it and I get set up and go to the trial thinking we are going to negotiate and the judge thinks otherwise. I will show the banks response from the cfpb complaint. I am supposed to be on hold according to the terms of the settlement, but all the trial paperwork smells of another foreclosure off the docket! Why would I trust anything after what chase has done to us all. More trickery, no doubt!
I will keep all posted. Not quite sure at this point. There is a motion on the 16th to strike the trial on the 18 and now in my complaint to the CFPB chase replied that the trial date on the 18th is to Solely discuss the Chase class action that I am a part of but it looks like a trick to me. I would agree to go and then they have me and they slam the foreclosure. It is scheduled to be in front of a magistrate but all the paperwork wreaks of a regular foreclosure to me. I know I need a court reporter and I have made it very clear to my attny. I will not proceed to any closed door in that corrupt courthouse without one. I feel like a she role being led to the slaughter
The court can not deny you your right to have your
Own court reporter in the court room doing their job
The judge in key west tried to get me to send the reporter
Home but I said no.
He was pissed
Regards
David
It’s not about the Judge denying his right to have a court reporter, it’s about “finding one”!!!! Most in Florida are contracted with the BANKS LAW FIRMS so that avenue is difficult to work through…I had no idea how important this was until someone wrote it on this post… so I have been preaching it ever since. Do Not Wait To See If Your Attorney Hired Someone….demand it and secure your own, just in case! You can’t depend that your attorney cares as much as you do!! Just sayin! CYA
Agrees with Elise
However I just looked in the phone book and asked my attorney for a name and phone number for a court reporter and had no problem in key west fl finding one
Regards
David
CYA
These judges know all the illegal stuff these banks are pulling in the courtroom and I’m sure for a honest judge who believes in “Justice for All” it is really tough but I am also sure his strings are being tugged to get these foreclosure off the dockets one way or the other. Florida has remained the leader in foreclosure so for a while now and that does not look good for “the Sunshine State”. Also the REITs are investing big time here and review “housing wire” today. It is talking about securitization of single family rental properties and mentions the big players. Very much alive and growing in south florida so to me that says a lot about what is going on in the courtrooms in south florida. I am witnessing it with what I have gone thru with my house. The bank has bullied me by trying to claim all this money I owe to bully me out of our home. My son had to run another investor off. I really would like to know where they are getting their information
So what happened?
Thought you were Angel or did you go to court. So many posts…
Law us about economics the banks per Florida law are
Paying the judges to foreclose thru fees assessed to the
Foreclosing party. And the fl supreme court is ordering
The judges to foreclose on everybody and collect the money
The concept here is that economics rule Florida courts ie
Bank money
The economics are against the homeowner
The judges want the bank money
No foreclosures no bank money
Not until the homeowners sue in federal court for their
Rights under the constitution and fed court upholds them
And fed court shuts down Florida. Kangaroo court railroad
Justice system the abuse is going to continue
I do not know of any homeowner who has sued the state of Florida
In federal court.
I sued the state if Florida in fed court I Miami as a
Disable veteran for vilationg my constitutional rights and
Took a court reporter to court
That changed everything in my favor I serve the Atty general of
Florida in Tallahassee
Hey don’t feel bad chase just notified me yesterday that I now
Two different mortgages in two different mortgage trusts
On my house with same trustee wells fargo for
A loan I didn’t apply for while chase has demanded multiple
Times I pay double or triple payments for same month and year
Under threat of foreclosure
Regards
David black
And the ag here in wash state and the uacfpb are just
Looking the other and throwing my and your complaints
In the trash and signalling these banks it is OK to do their
Shit and defraud us all and get away with it with no
Criminal penalty
That shows you what criminal bribery of our political
System can do
So, we are all very interested in what happened in court…Did you get a court reporter?? Was there a witness for the bank to testify about your payment history? If so, was the witness employed by the bank named as the Plaintiff in your matter? How long was your Trial? When the banks attorney lied, did you verbally object? Did the banks attorney file exhibits to the judge to enter right then and did you object to them if you never saw them? Did the banks attorney enter an ALLONG TO NOTE as evidence? What was the outcome??? We, who have been through this, know how uncomfortable being in a courtroom is, especially because of all the statements on this blog stating the Judges are turning a blind eye to the fraud…I’m sure I speak for many by asking you to please fill us in on what happened and what was your outcome….your experience will help those behind you!! We await and sure appreciate your effort with this fight for our rights!! It’s all our nightmare!!!!
From: http://livinglies.wordpress.com/2014/09/12/phh-loses-again-2d-dca-florida-reverses-trial-judge-and-enters-judgment-for-borrowers/
“The courts have turned the corner. Decisions like this are coming out across the country from the trial and appellate benches as Judges and Justices are expressing their frustration and anger over the false submissions by banks pursuing foreclosures. Here the court had the option of remanding for further proceeding, allowing the Plaintiff in foreclosure to refile its claim. But instead, the Appellate court decided that the Defendant Borrowers should simply win the case.”
Angel…I am sure it was exhaustive this a.m….but how’d it go? Feel like a pacing…expectant father……
So sorry for my delay on outcome,ISNT one yet,chase ”third ammended complaint”added Fannie Mae as a Defendant also? My thoughts on that is because I PROVED county land records shows Fannie Mae as ”owner”we bought this property from F.Mae,2008.chase has paid our property taxes from our escrow,but as Fannie Mae…its fraud,on us,fraud for using a corporations name,actively,Knowingly doing so,HIDING behind FannieMae’s name because chase DID NOT FOLLOW MORTGAGE RULES,RECORDINGS OF MORTGAGES/ASSIGNMENTS. So its post/phoned til Nov 14…..I’ve been in total research mode,I WILL be ready the 14th:-)
@ Hammertime – I read the article that you posted the link on the courts in Broward County. I can’t see where there’s any light at all coming with the special courts set up by the State to get rid of the backlog and where under rules that differ from those that guide civil law in other types of cases in Florida and across the country. How in the world can this be seen as positive?
The light would be that of the media covering the charade and that a judge was voted out. Judge part may not be there and lo and behold borrower wins in FL! The truth is the light. Come to the light! 😉
http://livinglies.wordpress.com/2014/09/12/phh-loses-again-2d-dca-florida-reverses-trial-judge-and-enters-judgment-for-borrowers/
It reached out to him several times, but did not hear back. Probably he agreed to a hush clause somewhere in his case. Broward cty is very sneaky and dirty.
What the hell happened to Tom H? Anybody?
Do Not Have A Trial without A Court Reporter!! I can’t stress this enough because, should you loose, you will need the Trial transcript in order to Appeal…if you don’t, then whatever happens in the Trial will just be it!!
Just think of all the People’s Court you watched…
Get there early…bring a brief case…organize it…
Wear respectful clothing…I hope your judge shows…
The Judge will make some introductions..for the record.
Each party will be given a chance to present the merits of your position…fear not…speak clearly…state the Truth…remind the Judge about the 13 banks nailed by the Department of Comotroller…the robo signing…the 43x loan amount incentive to steal…
I would not want to be the other atty…he/she knows there is a light at the end of the tunnel…and its getting brighter…and it aint daylight…you’re gonna win…then y’re gonna tell us all about it….
I see the future…and it is bright. I picked up my audio transcripts from when Judge Christopher Bieter and MetLife stole my home….that judge. .that Bank…that attorney are in hot water…initiated my formal complaint w CFPB…the schoolyard bully is getting his perverbial a$$ kicked…and how… Remember.. yre in good Co.
Good luck!
Good luck!
Good luck!
3x is always effective. Let us know….
Trev
give it all you got, the banksters are the liars. Don’t let them intimidate you. stay focused and calm and speak with facts and have your proof ready to show. Much luck and god bless
Howdy y’all,I’m up to bat tomorrow morning,Pro Se,I filled a motion to dismiss for Lack of Standing’ with prejudice & stated grounds,I’m not gonna lie,I’m nervous!!never had to do this before but I have All I need but…What is it going to be like? Never been in front of judge,,so any input on procedures would be greatly appreciated:-) peace,love,resolution<3
We’re all behind you. Maybe review some tips on https://livinglies.wordpress.com/ if you have time. If not just go with it and and your convictions. Maybe the light will start to come on in that dark corner of the universe. Courtesy of David.
http://www.publicintegrity.org/2014/09/10/15463/homeowners-steamrolled-florida-courts-clear-foreclosure-backlog?utm_source=email&utm_campaign=watchdog&utm_medium=publici-email&goal=0_ffd1d0160d-4ff82563b9-100283517&mc_cid=4ff82563b9&mc_eid=3c3318cc5e
This is a pretty interesting read, don’t know if anyone has seen it yet.
http://www.usatoday.com/story/money/business/2014/09/09/delamaide-senate-hearing-big-banks/15340715/
Hey trev. Don’t look back. Believe me I know how bad it hurts. Push ahead and give it tour best. We don’t have a choice if we look back. These times are bad for all. It’s the moral decay that will kill us. Be glad for that ford pickup. As long as we can go where we want or need to and it gets us there, what else matters. We all have a purpose on this earth to fulfill and nothing less and maybe some of this is that purpose. Thanks for your help and encouragement. I got a response from cfpb and there is a letter from chase saying that my trial date is really a mediation for the class action settlement that I am a part of and it gives the contact number of the banks attorneys to verify. How stupid do they think I am. When the vultures are circling and everything reads on the courts docs as “foreclosure trial”. What a Maroone as bugs bunny would say.
David Stern was disbarred as he should be. Seems like that fact alone would give you a new trial. Yes you have to fend off the vultures in florida as they are constantly circling. It is disgusting
Here. Yes I am pissed off too. I did get a call back from the federal court today and preparing my back up strategy. Chase gave me the runaround all day today and I am mentally exhausted. Yes I too used to be a happy upbeat person until I fell into Chases world of trickery and deceit. But these days seems to be the way it is. As they say I am in this place but not of this place
LMS…et al.
I sit in the corner…busted up neck and shoulders pinned in…like a boxer in round/year 24….I am exhausted and hopeful….beyond spent…
I thank God I have a corner….on the ‘worst’ street….in a trailor…in the crime ridden…drug infested city next to Boise ….by American standards…I now live in a meth hood…a literal dump for the disadvantaged….and to think….7 yrs ago I was checking in to The Four Seasons – Singapore on Hewlett – Packards dime….owned my own Craftsman home in Boise’s desirable North End / Historic District….had a company SUV and a spare R Rover in the garage…….thi week I bought a 1986 Ford 150…rebuilt engine….gets 10 MPG….nothing fancy. ..but its what ruined credit and $1,100 will buy….but hey…I thank God….my service lab and I found a place…..to crash….to heal….to regain strength to fight another round…..yes people…this is economic warefare….AND if the sleazy mayor….hus brother the judge….the Atty Gen…if their Klan will all abuse me….as they have….nearly tassered by 6 Boise cops for challenging the fraudulent sale…..they will do the same to you….I wish I could shield everyone from this cancer….its the Financial Ebola of our times….its an indication of how far from Christ/Buddah/Spirit we as a Nation have tilted….its pathetic actually.
I say I am grateful as this fall to the bottom has taught me many lessons. ….primarily…it has taught me to never give up or in…ever….it helped get me over my fear of corruption. ..cops…judges..mayors who cldnt care less….
I plan to read ‘How to win your Case’….and then I plan to file multiples…qui tam…
It will serve the Nation in the end…..there will be fraud cases heard for the next 10 yrs over this carnival…..it gives us a chance to test our metal….but yeah…im balding….not happy…fianceless….nearly broke…but far from broken….I have a corner…last week I had the streets….no wall to hang my framed MBA Diploma….
So lms….if yre Court date is in 10 days or so….type a Victim Impact Statement to your local Police Department. …hand a copy to the Judge….cc the Federal Judge a la Chase Settlement. …maybe a cc to Holder as well…..it may help….you no longer have time to file a new police report and expect to have a copy by Court Date…..following me?
Then watch Men Who Stare @ Goats…..use your psychic advantage. …it works. I once shot a pigeon out of the sky w just my thoughts….w a witness….my father. I knocker a kid off his skateboard just this week @ 200 feet w just my thoughts….I felt badly but it demonstrated that ‘yes’…..I do still have my gifts. Use yours in Court…..immediately file an appeal and call me if all hell breaks loose…..help is on the way….but there is blood and sharks in the water….orcas too ;)….. 208.703.9525. A well placed phone call at the witching hour can help….
I just wanted you to know….you’re not alone…. give it all you got….and BE all you can/will be…Soldier. The score is 99:1….we are cheering for your victory. Trev
Sorry for the typos….im fn exhausted too….just keep swinging w your fists of truth until one of you falls. … ‘the Sun also rises’. 777
Good article on the mentality we’re dealing with. Since ’09! David’s partial life story fighting predatory lending and for veteran’s rights.
http://www.cjr.org/feature/how_subprime_crushed_predatory_1.php?page=all
Fortunately the modification I signed Bobbi affirmed the debt much lower than the original mortgage and that’s why chase reneged. Got them!! For breach of contract. As they say it ain’t over to the fat lady sings and she will soon be gasping for the breath to let out her first note
More than one way to skin a cat. (who skins cats?) Maybe you have another swing to make them prove title, debt and who they are.
I’m hanging in hammertime. Don’t have a choice. I have a child in school and 3 dogs and a cat. Where would we go. I have to keep fighting for my family.
Well, this is where I am right now….I was fraudulently foreclosed on in 2012 and then in the Appeal process, which did nothing so I filed for a MOTION FOR Retrial because I never had one hearing since complaint was filed by David Stern Foreclosure in 2008…I now filed complaints with the OCC, who refers all mortgage related issues to the CFPB, who is operated by the Federal Reserve, which is owned and operated by the Banks!!! So, I have been fighting off realtors who may attempt to sell my house, which has been empty since 2012 as a result of the court allowing the bank to file forged documents in order to obtain a foreclosure at any cost…Whenever I get an alert on my house through Zillow, I write and send my formal Cease and Desist explaining they will be named in a lawsuit should they sell my home because the real Party Of Interest is unknown and the Appeal Court is now reconsidering my MOTION FOR RE-TRIAL…..I am dodging bullets as best I can but fighting with crooks is taking all my joy and makes a normally happy lady really pissed!!! Just wanted to share my fight as all our issues are so very different but all the same….we’re under attack and we’re pissed off about it !!!
Kb, if you are reading. We r here for you. Don’t give up. I really don’t know what I would do without everyone here, god bless us all.
Thks again hammertime and feel better. I would not put anything past evil Chase. My son had to run off some investor drove right up on my property as if he owned it already. Told my son our house was on “the list”. I would like to know wtf list he was referring to and where he got it. Don’t risk going to jail over chases crap. Why make their theft any easier. It is always easier to steal when no one is home.
Working together even if it’s not as much as we’d like always helps and who knows someone out there may be going through the same thing.
Seems like I’m on a runaway train headed for multiple collisions. Hopefully I can jump off before the 26th!
I’ve used the IFR framework consistently to question how stupid the payout was. I would also throw in the Kalicki and Yuba cases in your correspondence wherever you can. No more excuses for whoever sides with banks.
I had same experience with investors, brokers who wanted to steal my property for HALF the original principal and Chase was all for it. What’s wrong with this picture! Things are so crazy here in LA, CA that prices are way past bubble values. Houston, We’ve got a problem!
Looks like reply didn’t take if repeat. Working together however we can, always helps. Someone out there may also benefit with even a small piece of the puzzle. We all do what we can. I’ve come full circle from brokers, investors telling me it was a good deal to short sale for half the principal and Chase had no problem with it! Had to chase people off and got into it a couple of times and then the city decided to dog pile. Brokers, investors, politicians are all sipping their tainted champagne but the truth is coming out! Have experienced mini version lately. Hang in there!
Oh and LAWYERS!
Lms52, I know what it is like dealing with Chase. They are pure evil. If they have a foreclosure sale date your house is probably on a list of houses up for sale and they will also be listed with your county. All of which is public information. Also, you might want to put a No Trespassing Sign that should help keep them off the property. We found most people will not cross them regardless. Just make sure to notify the Post Office it is ok for them to cross the No Trespassing Sign or you might miss out on some mail.
Has anyone read the OCC booklet called financial remediation framework. It was written for the borrower a/k/a “the screwed homeowner”. No wonder the independent foreclosure review resulted in peanuts to us. If they really would have given us an “independent” review, we would have broke the banks for all the wrongs they have done to us. For those of you that have already lost your home, there are cash remedies for bank errors. This maybe good if you want to seek monetary remedies
Thks David and Hammertime. I definitely plan on having a back up if on the 16th, the judge denies my attnys motions and it proceeds to trial two days later(what a rip off) I will withdraw him in the courtroom if I can. I am also carefully reviewing the settlement to see what can be used from it besides the fact, I am entitled to another review for modification. I am open to suggestions. I am hoping the attny is doing right by me but hard to tell at this point and he is on a vacation until one day before the hearing which is a red flag for me. He either thinks he’s got my extention secured or I’m getting really screwed
As usual not legal advice but I would focus on standing, debt (accounting) and chain of title. Sounds like everything but some good examples hopefully from your QWR’s and again report to CFPB what’s going on and copy your reps. Chase is still playing games with me and I have City criminal complaint against me even as they admit not enforcing laws. BUT sale taken off calendar. AND I have tons more ammo. If they steal my home or throw me in jail over this it WILL GET OUT.
We are being attacked on all sides you gotta have all your bases covered and just do it and don’t quit! Then or simultaneously take it to Trev’s level as it applies to your situation, jurisdiction.
Just getting over seems like month long flu and getting my ducks in order but will try to review your info again and be an extra pair of eyeballs.
If there wasn’t a “difference” betw parties they couldn’t good cop/bad cop us to death!
@ lms David and I are on the data trail and your case and description of area definitely came to mind
David has mentioned continuation on basis of inadequate counsel?
In CA it may now be “advantageous” to let them sell and then sue for violations of homeowner bill of rights, settlements etc.
If you really want to throw them for a loop dare them to STEAL your property!
We’re at an extreme stage in this country. Republicans are using liberty and freedom to say there should be no rules when it comes to Wall St. Democrats then say banks/corps don’t have to play by the rules because it’s too expensive or fear of the sky falling Wall St lobbyists scare them with.
Anyone that accepts money from Wall St should be branded a traitor and thrown out come November!
GOOD CALL….search your own States representative’s and if they “smell” VOTE THEM OUT….I’m voting ALL BLUE only because of the non sense of the GOP holding our entire country hostage because they can’t believe President Obama got elected….twice!! November is close and just in time!! Don’t hate me cause I’m voting BLUE 🙂
Been in catch up mode! Interesting stuff in LA, with CFPB etc.
We have to make sure Dems don’t ignore us and think we’re an automatic vote. We need new blood across the board if these lifers don’t do their job.
I have contacted the federal court judge to make him aware that his ruling apprently means nothing in the broward county florida courts. I would think his ruling would take precedence over this mickey mouse courtroom
I have a suggestion but if someone would chime in if it’s proper protocol…like protocol matters anywhere….rrrrr……Question: Can Ims53 prepare and file his own MOTION TO WITHDRAW COUNSEL because the guy is on vacation? If so, in that MOTION, he could request the 60 days required, on his part, to search for an ethical attorney and have time to bring the new attorney up to speed, so to speak…If Ims53 can file his own Motion, he would also need to provide an ORDER GRANTING COUNSEL TO WITHDRAW for the judge to sign right then and there…Also provide with addressed and stamped envelopes to all PARTIES so it is easy for the Judge to process….That’s what needs to be done but if his attorney is on vacation as stated, it’s doubtful he will have or take the time as it would need to be done within one day!! Tough call but IMs53 is sure in a mess and can use all the help from this blog as we can give him!!!
What is the Judge’s name and contact number….post it here. There is a tide shift happening at the highest levels of World/Justice order….inform the Highest level of Court overseers.
My suggestion….and I have said it 3-13 times before….file a gd police report…TODAY.
List the name & # of your Judge if known.
Contact #Anon….ask for ‘eyes’ on your sitch.
Tell them I want Justice for you…then me.
…the gloves have been off for years.
We now fight from the streets. The DR# helps your paper trail if you do get thrown to the wolves.
Follow my advice…..stop ?ing me…
♡s & kisses….
-Hitch
i remember tom saying to file a motion to show cause for a foreclosure stay or ask for mediation. I am working on a modification which is part of the settlement agreement in the chasemdlsettlement. On top of the hearing for the 16th, this attorney has decided to take a vacation until the 15th (one day before the hearing) furthermore, why would they also already have a trial set for the 18th. This to me smells to high heavens. I wouldn’t even have a chance to speak to the attny before the hearing and to me it looks like that is just the way he planned it. Banks attorneys have obviously got to him too. Tom , are you out there?
lms – when you are working on a modification you are working with the work-out dept of the lender. There is no, no, no communication between them and the attorneys representing them. The attorneys for the bank have no clue whatsoever that you are working with other individuals on a modification. Your attorney, on the other hand, should have filed a motion for a continuance based on your current status with getting the mod. Judge certainly won’t grant a dismissal just because of a pending modification but would probably grant a continuance if he was aware.
He is requesting the trial order to be stricken, but not for that reason and he is aware that I am working on a mod. the bank is sending correspondence thru his office re: mod and he is forwarding to me via email. he has motioned the court that my case is not ready for trial for several reasons, but nothing to do with the fact that I am trying to get modification, but I guess he could add that when we go to the hearing. mostly he has motioned that he is new to the case. I only retained him in july when I received the notice of trial being set. He is asking the court to strike the case from the trial calendar and/or continuance so he can file a supplemental answer. sounds good (I guess) but what if the court denies and trial has to go on the 18th, I am screwed.
Very true in my recent experience. That’s another reason mods are a trap. You don’t need to apply for a mod to assert your rights and settlement standards. Violation of single point of contact, most likely since not attorney etc! There may be new legislation or warnings that servicers can’t be manipulated to push through unlawful foreclosure I recall. May want to look up comptroller of the currency to back you up. Recent Garfield post on warning by OCC that banks are REQUIRED to follow state, federal laws.
Reminds me of bank tactics before settlements; key contact goes on vacation, loses docs etc. The added twist is lawyer involved but we’ve seen actions taken against lawyers more recently for doing what loan mod scammers were doing before.
I think we’re battling bank money influence at all levels, not just the politicians. As recent article said we need to worry about staff people not just the politician in the headlines.
Still, there are documented rules and I would question your local representatives and then make their responses public no matter how screwed up they are.
@ Hammertime – very true on your response. We have newly passed laws here in FL that is supposed to prevent a plaintiff (Bankstas) from filing without first showing proof of possession but like everything else, the laws mean nothing to them and the Judges being on the payroll of the banks, don’t enforce them either. Such laws, etc. are a total waste of time. These modifications are a joke! By law they are supposed to be recorded but they never are!!! Why? Because they are a scam and don’t want it on public record. They get ALL your financial information including how much money you have anywhere, bank statements to let them know what you spend your money on,…..everything about you. They take your money for 6 months and then they default you and you’re back in foreclosure again. Only this time, you have no defenses because you signed the modification and AFFIRMED THE DEBT. Gotcha!!!! Everyone seems to forget that these ‘settlements’ are negotiated by a politician who relies on banks to fund their election campaigns….duh? They are practically worthless, esp this new Chase settlement – just a bunch of mix-match words on paper but has no real sustenance.
This is how screwed up my case is. On the loan that was supposed to be paid off, now 6 years later Chase says it was transferred and didn’t have to be paid off, was never in default but there was a strange note in credit report comments “affected by natural disaster”. Remember when the sky was falling and Sheila Bair was trying to say homeowners needed to get relief as if in a natural disaster? She was laughed off the stage but looks like banks used that reasoning for themselves! When I complained my credit reports were changed so that all my loans since ’98 listed WaMu as the “lender”. When I complained about that they were then changed to Chase. Then I complained again. Nothing wrong here though as long as they responded per our hero Joseph Smith, settlements, CFPB and every politician taking money from these crooks.
apparently wall street has already took over broward county with the rental housing market (invitational homes 2) and the local courts, but then they would have to go hand in hand.
I called tom yesterday and he is supposed to call me today. The fact that they have the trial scheduled 2 days within the hearing is scarry enough. Lawyers are the biggest liars, but he did tell me that the fact that I am trying to get modified that it is a federal law they there must be a foreclosure stay. I never should have been in foreclosure and this is precisely what the class action addressed and chase basically settled without admitting to breaching contract, but also part of the settlement is they are supposed to give us new modifications, but if they get a foreclosure judgement prior to obtaining a modification, we are exempt from the settlement and this is what the bank is trying to do to me now and the fact that the hearing is with a magistrate behind the dirty little courtroom doors of broward county will further guarantee summary judgement. This is unbelievable, but believable in this dirty county.
Welcome to the shun-spin (not sunshine) state where as a resident you get shunned by the courts and spin the corruption! There’s not a one here, Democrat or Republican who is honest and devoid of greed!! Ah! But everyone thinks that the new Judge in town down in PB is going to rectify (Jessica Ticktin)…guess nobody bothered to take a look at the background of the law firm or the partners. Oh, they certainly have a lot of great ads on the TV but take a look a the public records. What is that old saying about the apple? Oh yeah, the apple doesn’t fall too far from the tree. Just like everyone thought Schneiderman was the Superman of the day, most will think Ticktin is the counterpart, Superwoman. I guess considering the flip side, anything is better than Judge Lewis….just don’t be too surprised when she starts moving towards the Wall Street banks!
can you fire your attorney in court in front of the judge
You can prepare the motion to withdraw and file it before you are in front of the Judge. Keep a oopy with you in case you need it in front of the Judge. They (Judges) don’t take kindly to doing that in front of them as they consider it a waste of the court’s time. Doing so may likely turn the Judge against you and in these days in Florida courts, any bit of crumbs thrown your way as the Defendant from the courts is highly prized. I wouldn’t do anything to upset the cart, so to speak.
You think the Democrats are any different?
Nice going usedkarguy! The truth reveals itself. Problem is, one is no better than the other. Criminals, thieves, cutthroats…making their way up the political ladder for one reason and one reason only – GREED. Red….Blue…who cares? Core values between the parties? Wow! Find me one that has any values first and the only value they have is the value of money!Just look at the choice we have for the running of Governor here in Florida….one who we couldn’t wait to get rid of before and one who pleads the 5th under oath in a fraud investigation 75 times! God help us, there are no choices anymore!
Hey Redman….why don’t you run for Governor?
I have been observing this for awhile. My neighborhood has gone from 85 to 95 homestead to 50% rental at least and why wouldn’t the local or state govt want it. Property taxes can close to double when it is not homestead property in fla. The vultures are circling my house as I write this. My son had to run a nasty looking investor off MY property yesterday
HELP! The vultures are circling thereis a hearing scheduled for the 16th of this month and the trial with a magistrate for the 18th . they are closing in for the kill, but I am working on a modification thru the chasemdlsettlement, but the local court is not recognizing this. my understanding is its a federal law that they cannot persue foreclosure if you are working on a modification. I have an attorney but I am not sure if they are friend or foe at this point. Can I make my own motion with out the attorney for a reason to show cause to stop a hearing. Thanks. Tom I was really hoping you could help since you are in the same county.
Hello Ims53….It matters not that you are working on a loan modification…the banks and their lawyers are going to steal your home and the Courts just let them do it! Seems like we have no rights? No, we don’t! If you have a lawyer and you don’t know if they are friend or foe?? Hello? The lawyers can’t do anything but steal your money before the banks steal your house. You can’t do anything on your own if you have a lawyer listed in the courts, you must have him/her file a MOTION To WITHDRAW and that could buy you some time to get in touch with Tom, if he is in the same County. If your lawyer stipulates that more time is needed because of his/her withdraw and that you are seeking new counsel (It may be a lie, who cares anymore!). If you can get a 60 day hold on a TRIAL…that should give you time to file a cross complaint against whatever bank is trying to steal your house, alleging that Plaintiff is NOT THE PARTY OF INTEREST. You also can DEMAND, not request, a jury trial….you probably won’t get it, but this will show that you demanded a jury of your piers instead of a single Judge or Magistrate. You also MUST hire your own Court Reporter…the courts don’t provide one in these fraudulent foreclosure matters for obvious reasons! Get rid of your Lawyer if you don’t believe they are working in your best interest…most are useless….keep us in the loop Ims53….and good luck!
So very right ldynps! I’ve already had to have one attorney withdraw and now contemplating doing the same with current representation (who posts on this site as being one of the ‘good’ guys). Right, take your money and run, run, run…while off on to the next one to collect his ‘upfront’ fee!
Hi hammertime. I signed it I have witnessed this in Deerfield beach fl. No wonder they r trying so hard to steal my home. Blackstone group a/k/a ih2 properties(invitational homes2). Google broward county property appraisers and search by owner and put in name ih2. Spelled out and see how many properties they have bought in this cty this should be a crime. No arms length transaction going on here. They have pushed the avg buyer out of the mkt here. Prices unaffordable so they force u to rent and pay astronomical rents.
WOW…..that is so true!! When is this takeover going to be addressed? I am voting BLUE on each selection at the ballot box…these republicans are all about the elimination of the middle class! It’s just awful, really!
Subject: I just signed this, will you? Friend, I just signed this petition telling HUD to stop selling our neighborhoods to Wall Street bankers. In the wake of the housing crisis, FHA created a program the Distressed Asset Stabilization Program, which is supposed to sell off seriously delinquent FHA insured loans in ways that “stabilize” neighborhoods. Instead, they are selling them off to the highest bidder — Wall Street bankers and private equity firms. It is appalling to see the one department in our Federal government charged with stabilizing communities and creating affordable housing helping make this happen. This has to stop. Now. Sign the petition: http://www.commongoodaction.org/hud_stop_selling_our_neighborhoods?sp_ref=55849813.122.9158.e.0.2
uscourts.gov
U.S. COURTS
uscourts.gov | court locator
Naturalizations Highlight National Celebration of Constitution Day and Citizenship Day
In a first for the federal Judiciary, America’s newest citizens are being invited to join an annual celebration of Constitution Day and Citizenship Day, by taking part in 24 naturalization ceremonies that will be held from Maine to Alaska on Sept. 17 and 18.
The events will be conducted at such iconic locales as Glacier Point in Yosemite National Park, the Alamo in San Antonio, and the National Archives’ Rotunda for the Charters of Freedom in Washington, D.C. Other ceremonies will occur in historic U.S. courthouses in New York and St. Louis; at universities in Alabama, Louisiana and Maine; at a riverfront amphitheater in Des Moines, and the National Constitution Center in Philadelphia
Are the judges ruling against the 14 Amendment to protect our property rights
going to show up.??????????
David has been telling me about this for a while but I kept thinking he was talking about the “new” MERS database that’s being planned. GOP law is much worse stripping US of any standing while they use the name of the bill to make us think they’re pro America or whatever.
If you have one of these GOP reps you need to call or write.
from E. ToLLe, on September 2, 2014 at 3:11 pm said:
“And here’s how they do it. A house bill called PATH, H.R. 2767: Protecting American Taxpayers and Homeowners Act of 2013, would make one believe that it’s legislation aimed at protecting mortgagors. Thank you house republicans, all 53 of you who saw fit to co-sponsor this helpful bill, for trying to shore up the beat-up borrowers of America….bless you all. Oh wait just a minute…
In actuality, this is a HUGE crime-laden give-me to the banksters, and one for which every single one of these so-called representatives should be run out of DC on a rail, AFTER they’ve all been mercilessly tarred and feathered. Just a tad of research shows what this bill actually stands for after it’s stripped of its sweet sounding acronym and GOP doublespeak, from occupycorporatism.com:
”….the technocrats have devised a way to take the homes from ALL homeowners regardless of whether or not they have previously won during foreclosure litigation, are in the process of litigation and would file a complaint with the courts at a future date.”
http://livinglies.wordpress.com/2014/09/02/from-the-office-of-the-comptroller-of-the-currency/
Another lesson to be specific on fraud, broken chain etc
http://www.housingwire.com/articles/31224-mers-wins-again-this-time-in-pennsylvania
what is the address of your site
I’m at http://www.phhmortgagemustbedestroyed.weebly.com Everything is organized by exhibit for eventual presentation to a jury; we’re still going through procedural issues. The exhibits are all relevent to common practices of other companies than PHH, just do a search-and-replace 🙂
If you haven’t already, read Gerry Spence’s book Win Your Case. Take control of the story, from opening statement to close. Simplify, simplify, simplify…the jury is not bound by precedent, they make precedent! Have the jury members had pleasant experiences with their lenders, or strained relations? In a civil trial you don’t need unanimity, or no shadow of doubt. A preponderance of evidence is great. Your only worry is too large a verdict you’ll have to do it over 🙂 I have a slide set on my site from Joseph A. Smith, you’re welcome to copy and paste. Chew gum or kick ass! (you may be all out of gum)
And don’t take a knife to a gunfight! lol
take a pistol packin’ dragon if you can find one….preferably one w a shard of glass in one eye…they are belligerent. …effective…and surgical…think Tonic Immobility. ..a la LA Pod…CA#2. . . they flip the monsters (bankers) upside down…put them to ‘sleep’…then they eat…feed.
Have fun with your redemption. ….your grandchildren will thank you. People…we got this.
Dave….you threw your stone….very well placed!
TIMBER!!!!!!
NY is a very FN small island. Nowhere to hide.
-‘zilla
Example of law, settlements not being enforced. Over past 2 years how many $7,500 fines could CA have collected? But both Republicans and Democrats cry about there’s no money for courts, JUSTICE and that we can’t “benefit”. Prob similar language for settlements.
Example of law, settlements not being enforced. Over past 2 years how many $7,500 fines could CA have collected? But both Republicans and Democrats cry about there’s no money for courts, JUSTICE and that we can’t “benefit”.
“Lender Required to Review Foreclosure Documents: No entity can record a notice of default or otherwise initiate the foreclosure process, except for the holder of the beneficial interest under the deed of trust, an authorized designated agent of the holder of the beneficial interest, or the original or substituted trustee under the deed of trust. Furthermore, a mortgage servicer must ensure that certain foreclosure documents are accurate and complete, and supported by competent and reliable evidence. Those foreclosure documents are the initial contact declaration, notice of default, notice of sale, assignment of deed of trust, substitution of trustee, and declarations and affidavits filed in a judicial foreclosure proceeding. A mortgage servicer must, before recording or filing these documents, review competent and reliable evidence substantiating a borrower’s default and the right to foreclose. The above provisions have no expiration date. However, until January 1, 2018, any mortgage servicer who engages in multiple and repeated uncorrected violations of its obligation to review foreclosure documents shall be liable for a civil penalty up to $7,500 per deed of trust in an action brought by the Attorney General, district attorney, or city attorney, or in an administrative proceeding brought by the DRE, DOC, or DFI against a respective licensee (see below for a borrower’s legal remedies). These provisions apply to all trust deeds, regardless of occupancy or number of units. CC 2924(a)(6) and 2924.17.”
http://www.foreclosureresources.net/recent.html
Start a foreclosure now! lol
http://www.foreclosureresources.net/start.html
Dave…. Your cross hairs are well placed.
My Pops always reminded me….
‘The Sun Also Rises’…..
When bank C-uh-ohs start failing to show up…start vanishing…
You will first want to look on milk cartons….
‘have you seen this crook….?
IF SO CALL 1.208.703.9525’
TRUST ME…..ladies and gentlemen. …
The People +Truth shall turn these monsters to dust….when the Pyramids fall/land…get to higher ground…and enjoy the fireworks. Yes….when all else fails…fire works…its the Work of the Ages….
MetLife is public enemy #1…..
Judge Christopher Bieter of Boise Idaho….clean up your Courtroom.
Step #1….. Show up when summoned.
Step #2….. Reverse the Fraud…
Call it the Boise two-step.
There is ALWAYS a bigger dragon…and yes….CHINA called the shots via Cobra.
you have been altered….Dave…you walk the path of the Righteous. …shielded and shrouded with light…..Thank you for decoding and taking right handed action.
360 degrees makes a circle….w an angel on top.
#Anon is watching…..find them in TWTR.
They drop offenders in seconds…they are the plank….
Steve Kandarian…..you are being sued….pay up. T-n-T.
Gradziadio. Amen.
777
GOOD DAY LADIES AND GENTLEMEN… I AM LOCATED IN MD AND I AM SEARCHING FOR AN ATTORNEY GROUP TO ASSIST ME IN THE PURSUIT OF JUSTICE REGARDING THE FRAUDULENT MORTGAGE DOCUMENTS ON MY HOME. NOTE WAS OWNED BY SALMON BROS NOW DEFUNCT… BOA/COUNTRYWIDE/NATIONSTAR ALL INVOLVED … LATEST DOCUMENT I RECEIVED FROM NATIONSTAR ADVISING ME THAT THEY CAN NOT FIND MY ORIGINAL LOAN DOCUMENTS. ITS PRETTY DEEP REGARDING FRAUD… SERVICER PAYS 8 MONTHS OF ARREARAGES PUT IT ON THE BACK END OF MY MORTGAGE DOES NOT GIVE ME THE TAX DEDUCTION AND WHO DID THEY PAY WHEN NOTE HOLDER IS CLOSED?? I BELIEVE THE NOTE HAS BEEN PAID OFF DUE TO SALOMON BROS CLOSING CAN’T FIND ANY DOCUMENTATION ON THAT PART. NONETHELESS YOUR SUGGESTIONS WOULD BE GREATLY APPRECIATED
Completely agree Bobbi. However I did not make the post and bidens issue did not apply at all in my case but I do feel that the cases in the federal courts are good evidence for us in our individual cases and should be applied and strongly recognized in the local courts. I am in fl also and foreclosure mills like Albertelli are still going strong. I can’t believe how stupid they think we are or maybe they are the stupid ones
Yes Bobbi it maybe old and settled but let’s not forget about the basic criminal activity that started the landslide of bogus mortgages. I think we get too wrapped up with the other crap the banksters pulled on us too. This really fueled the fire and it seems to be to the wayside at the moment. Don’t forget what brought us all here in the first place like the courts want us to do.
I’m not forgetting but if you’re going to present a solid case then you’ve got to use a solid defense in return. That includes giving reference to case(s) that have pertinence to your own discovery. This case that you mentioned has no backbone whatsoever. It was just a means on the part of Biden to get his foot on solid ground for politics! He was already planning on running for Gov. and he did just that for this coming election. Remember he’s not stupid (he is an attorney) and he’s got the political background (father). He’s out for #1 and that ain’t you or me! He used this case for his own political agenda and that’s why the settlement is sooooo lame!
Trevor – how much money can I make from the Bank of Americas seventeen billion dollar settlement since B of A gave a mortgage to a Frances Turner for property she never owned but I HOLD THE TITLE TO.?
1% or in this case $170 million.
$250,000 for actual damages….
$169,750,000 as a punitive souvenir. ..a reminder not to ever…EVER…cheat in MY Casino again…’coi-tons Bugsy…’
(cracks ring laden knuckles…spits on Moynahan’s Mercedes…exits stage left)
My advice…..deliver the 1-2 knockout punch…and don’t flinch.
Make a 2 hr investment into your local police department. …do not be scared…they work for you. Deliver a transcript of both calls and any/all relevant docs….this makes up your ‘DR#’…your criminal complaint. You then send a certified copy…signature required to your Opponent. ..w a cc to your State’s Atty General. CPB too if you have the coin.
Then….once they received. ..read…and have digested your move…called ‘Check Mate’ in Chess…this warchess you are playing btw…yeah…so once they have it…you say on the next call you have…recorded of course. .”how do you want to proceed?”…listen for chirps and crickets….I am serious.
Nothing in Warchess ‘just happens’…you are likely being attacked from many sides….name Names…in your criminal civil complaint. There is a name for what is affecting you….it’s called Fraud.
If the discussions end ubruptly or commitments are not carried out….FILE A CIVIL SUIT…you/WE have plenty of cases to point to….to Sheppard the Judges to the light so to speak.
Google: DBSI fraud 20 yrs CEO Boise
Print a copy of that article. …sign a note at the bottom in purple ink…”Trev sends his love…”
If were in their Allen Edmonds….I’d settle right quick with anyone willing to call ‘Check Mate”.
No pun intended in the check….Keep us informed. 777
Angie. You should make them reverse all interest, fee,attny fees for slamming u into foreclosure erroneously. They will tack on so much on the back end of the loan that you will be in worse debt. If they slammed u in foreclosure and they are wrong, all fees and interest should be removed and you should counter due for all the stress and credit damages they have done to you. My understanding is once that throw u in foreclosure, you can’t pay them anyway until it is settled if it ever is. Why are you responsible for all those extra fees and interest
When you were doing the good faith and they were acting in bad faith. Sue Sue Sue their pants off!!!!
Watch your local court. Banks attny will slam you in foreclosure and beat you to the punch if you let them and that’s what they are counting on. Let your local court know immediately what is going on and if u can’t do it pro se, find an attorney and hopefully not a corrupt one
If anyone out there is seeking a jury (I’ve given up on judges)
in 1:14-cv-00733-LY, Western Texas District Court
Demand for Trial by Jury
Judge –
In accord with Rule 38, I am demanding a trial by jury.
Since the recent and ongoing financial crisis in this country (Wall Street and the Financial Crisis, Anatomy of a Financial Collapse, Majority and Minority Staff Report, Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs, Carl Levin, Chairman and Tom Coburn, Ranking Minority Member), the Financial Institutions Reform, Recovery, and Enforcement act of 1989 (FIRREA)has been passed by the legislature (still being widely litigated) to define and confirm the ethical bedrock foundations of proper financial institution operations to the benefit of our community. The Consumer Financial Protection Board has been established specifically by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 to address, and the Department of Justice appears to have expended great effort in examining and regulating, mortgage servicing industry practice, company by company. The most egregious violators in the arena (BofA, Chase, Citi, Greentree, Ocwen, Wells) have already begun to appear in courts to register consent judgments with the united group of all 50 State Attorneys General, and to disgorge record setting penalties in restitution of past practices, and to submit themselves and their changing practices to regulatory oversight by Joseph A. Smith, The Office of Mortgage Settlement Oversight (Joseph A. Smith does not participate in litigation). We are now considering just such industry practices in the case of the plaintiff and these two defendants. A jury has never been empaneled before to openly consider and judge these issues, or their most proper and effective remediation. Now is the time.
Attached Exhibit P-11, Better Markets v. DOJ – Complaint.
Respectfully,
We have a jury trial scheduled for mid Sep. Any pointers, anyone?
Better Markets CEO said that banks/govt are just pretending to address the fraud/abuse. I say go for it but we have to keep engaging and questioning at every level. Joseph Smith says they need more time to see if banks are complying, sound familiar? That doesn’t mean we should have a tantrum and stop making sure they do their job.
Howdy y’all,my latest confusion from chase,I’ve involved my Attorney General’s Office & have a rep,from consumer protection division working with me on my complaint,Shannon from Executive Offices of chase has called a few x’s & the 1st call was my side of complaint,& call ended with ”promises” to get to the bottom of this,& also confirmed We have made every principal/interest pymt?reminder I have been saying/proving/fighting WRONGFUL FORECLOSURE since 8-2010..& the escrow shortage IS from flood policy’s placed by Lender,,,but I’m still in foreclosure process I asked she said YES?????????WTF!!!!! My question is 2 all y’all what does this mean?????& also still no deed/note,still never filed/recorded in my county, 2nd call……Ms.Shannon,chase rep,Good morning I’m pleased to tell you we are fixing the ”credit damage”????? But not all of it,up til 8-2010??THAT is the default claim date on my summons which started ALL THIS NIGHTMARE,,,so shouldn’t civil case against us just collapsed?????
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Subject: Share your story
Your Letter:
[Tell us your story.]housing
from david f. black
Vancouver wa
blackvan@hotmail.com
as a disabled veteran from the Vietnam era / cold war I have been fighting JPMorgan chase bank to keep my home from foreclosure.
however in my case, I am fivie payments ahead and they refuse togive me credit for that 14,000 paid . they have also demanded that I pay my mortgage payments two and three times for the same month
and it just gets worse from there.
for example. I have a mortgage loan for which there is no paper work or application from me that I never applied for.
CAN has asked me to speak at their events in the past but I was too sick to do so. I have improved and think I can speak if I am invited about my story which is really a story for many CAN members with mortgage servicing from JPMORGAN CHASE Bank
regards
David Black
360 772 5617
I spoke to Michelle at channel five news in seattle about her story about the disabled veteran that jp morgan chase bank just evicted from hishome after the mayor tried to stop it .this targeting of veterans by chase is happening to me but am not not in foreclosure not in bankruptcy not in modification. jp morgan chase has a track record of targeting veterans and active duty deployed military personnel for violating the SCRA for protecting active duty personnel and cheaingand defrauding veteransin their VA mortgage loans.chase has consented to this and has been fined for over $ 60 million dollarsbut they continue to do it.
michelle of channel five news I nseattlerefusd to run my story which is really everyone ‘s story in washingtion state of being targeted for foreclosure if they have a sub prime loan orginated during the period 2002 thru 2009. this has been written about by FORBES magazine in New YORK and it is a fact .
it is time we say no to chase and get statutory federal and state law to stop this and get enforcement by us hud under 49 usc 24 cfr aka Title VIII Fair HOusing ACt statutory federallaw and state of Washington consumer proection act for stoppong predatory lending and predatory mortgage servicing practices in the state of Washington.
and I have confessions to these allegations from chase whistleblower employees in Columbus and Gahanna OHIO as to these allegations in writing on official chase documents.
right now there are hundreds of foreclosures scheduled to occur and progrmmed into chase automated foreclosure system hooked up to corrupt legal reps to take our homes. the estimate nationally is three million loans including MET LIFE LOANs Bear Stearns LOAns and all WAMU Loans
and yes I have filed over 50 complaints about this with us hud us doj and us cfpb and us federal reserve board all of which have been stonewalled. and with chase as well as a JPMorgan chase bank stockholder of record.
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JPMorgan Chase
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JPMorgan Chase
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JPMorgan Chase
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JPMorgan Chase
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JPMorgan Chase
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JPMorgan Chase
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hi Angel I HAVE TALKED T O THOSE CHASE JERKS TOO.
THEY ARE NOT ANY EXEC OFFICE THEIR UNIT IS THE DEFAULT MANAGEMENT GROUP RUN BY MICHAEL zSARRO S.V. OF CHASE SINCE 1993 THAT HANDLES ALL FORCLOSURES THEIR OFFICE IS IN GAHANNA OHIO NOT COLUMBUS. OHIO. THE SUPERIVISOR ONE OF THEM IS TANYA SMITH. YOU MAY BE A VICTIM OF FRAUD BY CHASE SINCE THE NUMBER ONE METHOD THEY — USE IS MANUFACTURING DEAULTS THRU MANIPULATION OF ESCROW ACCOUNTS AND PAYMENT MADE INCLUDING PUTTING THEMIN SUSPENSE ACCOUTS SO THEIR COMPUTER NEVER SEES THE PAYMENTS. THIS IS THE NUMBER ONE COMPLAINT AGAINST CHASE AT THE US CFPB. THEIR WHISTLEBLOWER EMPLOYEESS LIKE EJ REED AND OTHERS HAVE GIVEN ME INSIDE DOCUMNTS SHOWING THEIR FRAUD. SO FAR THEY HAVE TRIED TO MANUFACURE DEFAULTS ON ME AS A DISALBED VET ERAN BY PUTTING OVER 20000 DOLLAR S IN SUSPESNSE ACCOUNTS AND NO MORTGAGE PAYMENTS WHILE NOT APPLYING THE PAYMENTS AND HAVING THEIR ATTORNEY SEND ME DEFAULT LETTERS WHEN I AM FIVE PAYMENTS AHEAD WITH NO CREDIT FOR THEM. IN MY CASE I HAVE A LOAN I NEVER APPLIED FOR NO LOAN DOCS NO APPLICATON FROM ME THAT WAS FRAUDULENTLY ORIGINATED BY CHASE IN 2011.
REGARDS
dAVID
another source to send your complaints is the new York Attorney general in manhattan new York city who is currently suing chase for mortgage backed securities fraud on behalf of the investors and the people of new York . I have the case number if you want it. contact me at blackvan@yahoo.com and I can send it to you. also the new York department of banking supervision is on chase’s butt about these fraudulent practices .re commend you look them up at google and file your complaints with them as well with their director. chase is allegedly is running at you a n alleged racketeering PONZI BERNIE MADOFF PONZI SCHEM E TYING YOUR MORTGAGE TO DERVIATEIVE HEDGE BETS AGAINST YOU ON THEIR MORTGAGE SERVICING RIGHTS WHEN THEY FORECLOSE THEY MAKE UP TO 43X THE FACE VALUE OF YOUR MORTGAGE IN CASHE FROM THAT THE DERIVATE HEDGE BET. YO UWILL HAVE TO GOOGLE THAT TERM TO LEARN WHAT THEY ARE. NEIL GARFIELD BLOG HAS WRITTEN ABOUT THIS MANY TIMES AND I DOUBT YOUR AG KNOWS ANYTHING ABOUT DERIVATIVE HEDGE BETS. SO YOU WILL HAVE TO EDUCATE THEM
REGARDS
dAVID FRANKLN
I saw this posting online via facebook. If there is anybody out there in Michigan (near Beaverton) and knows of a foreclosure defense attorney that can help this family, please get in touch with her via the email that is posted here: https://www.facebook.com/jillm.onweller/posts/348734655289311
It would appear that she is facing a corrupt Judge in a small town (so unusual, huh?) and she has an attorney that is well over her head in this realm. Much appreciated.
Thank you so much, any advice is helpful. I have learned so much about the law. I also have learned that some judges don’t up hold the law! I refuse to give up. This has been going on way to long, it had totally comsumed our lives,
Rock, is that where you are? under a Rock? obviously you’re not experienced in any aspects of litigation for homeowners, or you would not ask such a foolish question.
C’mon usedkaryguy give the guy a break. He’s probably just ‘new’ to the fraudclosure side even maybe to the point that he’s not even been foreclosed upon. He, just like everyone else here is trying to be helpful. Don’t be so harsh.
Please will everyone who values our Constitutional right to due process read the Breitlings’ Motion to Vacate Void Judgment then phone the Dallas County 134th District Court and let them know what you think about Judge Tillery’s behavior. The phone numbers are available here: http://www.scribd.com/doc/237267078/LNV-vs-Breitlings-DC-14-04053-Dallas-Co-134th-Court-Breitlings-Motion-to-Vacate-Void-Judgment
90% of all the Judges in America are just allowing this fraud to continue!!
trevor
we all have to really read up about up psycopaths had I known this before I know I could never have expected a normal response from them., as long as they get their way they dont care who they hurt, maim or destroy as long as they get their pleasure Our dogs were innocent victims.I was told by management i cant talk to anyone at my complex about what happened.
thanks for reading Trevor and all – you don’t live here.
all-
i started to read about psychopaths and I think if you all spend a few minutes reading about them you will understand how easy it is for them to take part in fraudulent foreclosures and why we are not getting normal and responsive answers to all our communications with them.
Hi
I worked for and with these pschopaths like during the
Savings and loan federal bank meltdown in the eighties
They are worse than that
Regards
David
Chase is an evil death star
You speak the truth ruth….pardon me.. Marilyn that is. In fact, one (psychopath) in TX was indicted today on two counts of abuse of power….lives in a mansion…had it all…had. Timber! And TX was the first State to go purple. ♡memy☆s…6s-2-7s. I call him a psychologically unstable bc as I understand the sitch…he thought he had a real shot at the White House….had.
50/50 that he gets nailed on both charges…and if/when that happens. ..Gov Perry gets 7-99 yrs. The Good People of Texas have spoken…..and the walls came down. Did you hear the collective ‘oh shit’ by the other 40-49 ‘Govs’…it sounded like this ‘crickets….crickets….crickets’….I called ‘the Gov’ when my 1st home was being taken from me….slick Rick didn’t return any of my calls…he was really busy…..***teaching moment : IF you’re going to rob someone of their home.. know the WCS, consider the probability of THAT happening. …then roll the dice. Pistol packin’ Ricky obviously crapped out.
P.s. Camilla got kicked out of England this week. Kicked out.
Sometimes the game is won in the bottom of the 9th…it was a perfect day.
Pivot to the Pinata. ….Gov Pinata…watch the Mexican-American kids with sticks make carne asada out of Mr. Perry’s Presidential dreams….turning, in his case…7s 2 6s….remember boys and girls, it’s the second mouse who gets ‘the cheese’. Have hope in the vault tonight….we got this. 777
If anybody has a word if advice ….please tell me. Thank you for your time..
Please take a moment and watch the Attorney General from Delaware about the fraud!!! Perhaps our fights need to be through Delaware???? Check it out!
http://activerain.trulia.com/blogsview/2576407/beau-biden-might-be-onto-something-in-delaware-
Sorry ldynps – this was from October 2011 and it was settled July 2012 with no monetary payment and no real structure to correct anything. Beau Biden was/is a joke! See here:
DELAWARE AG SETTLES CASE AGAINST ELECTRONIC MORTGAGE REGISTRY
Posted on July 22nd, 2012 in Mortgages, State Issues By BuckleySandler
On July 13, Delaware Attorney General Beau Biden announced a settlement of the state’s lawsuit against a national electronic mortgage registry. The state alleged that the registry system created inaccurate and unreliable records that undermined chain of title in that state. Under the agreement, the registry has agreed to (i) maintain a database that allows homeowners to clearly see who owns the mortgage and who services the loan, (ii) record assignments of mortgages with the county Recorder of Deeds Office before a foreclosure can proceed, (iii) not foreclose in its name for the next five years, (iv) audit its records for accuracy and report results to the Attorney General, and (v) increase oversight and training, including annual examinations of documents signed by employees of its 25 largest members to check the identity and authority of the person who signed the documents. These steps are consistent with those already taken by the registry nationally, and the agreement does not include any monetary payment.
Since every mortgage is a CONTRACT between two parties and since that contract is governed by Federal Laws… has anyone approached the Fraud issue in their loan docs by stating to the courts that since Fraud can been identified in their mortgage paperwork (IF It Can) and since UCC Law governs such issues like Fraud in CONTRACTS, I would venture to say that with Fraud identified in such a contracts… it would make it null and void. Both parties to a CONTRACT must come to the table with “Clean Hands” in the negotiations. Therefore do you think any judge, once the fraud has been identified and presented to the courts, would choose to become part of Aiding and Abeting in that Fraud which had been perpatrated by any Bank or supposed Service Provider? I am not an attorney just thinking out loud! Any thoughts are welcome.
Oh Rock, you must be new to this site as FRAUD is all it is about! The Banks are forging whatever documents are necessary to file into the Courts and then the Judges are allowing it to happen!! We are all well aware of this but no agency is helping the homeowners under attack by the banks!! These fraudulent foreclosures are without a doubt, THE LARGEST CRIME IN THE HISTORY OF THE UNITED STATES and it appears it will continue until AMERICA is a homeless society….Welcome to the group, however, please know that millions are under attack and there is not one agency helping us…All our laws created to protect us from fraudulent means doesn’t mean anything anymore…It’s like finding out that Santa Clause is not real…either is our Constitution or our Bill Of Rights!! It’s the end of the middle class Rock…and we are all feeling the crime…
Respectfully, I’d say it’s a mistake to stop making complaints and engaging the CFPB, other agencies and elected officials. Good info so we don’t approach naively. With the information we’re getting and able to collaborate with each other will make any effort that much stronger. As I’ve learned from David, the Fed owns the OCC as well and prob runs the SEC etc. Where does it end? That’s the reality we have to deal with and show it’s against our country’s interest and denying us our rights or show which elected officials really are on the side of ordinary Americans.
Oh my goodness…For all of us who have been feed more BS to file Complaints with the CFPB…don’t waste your time.as it is owned and operated by the Federal Reserve and the Stock Holders of the privately owned Federal Reserve are the BANKSTERS!!! I had no idea because I have been going more in the direction of filing a lawsuit…however, we need to stop wasting our time with them, it will go nowhere, fast!
Who Owns The Federal Reserve?
The Fed is privately owned. Its shareholders are private banks
Agency overview
Formed July 21, 2011
(3 years, 21 days ago)
Jurisdiction Federal Government of the United States
Headquarters Washington, D.C.
Employees 945 (2012)[1]
Annual budget US$447.7 million (FY 2013)[2]
Agency executives Richard Cordray, Director
Steven Antonakes, Deputy Director
Parent agency Federal Reserve System
biggest Ponzi scheme in the history of the world, and if the American people truly understood how it really works, they would be screaming for it to be abolished immediately. The following are 25 fast facts about the Federal Reserve that everyone should know…
#1 The greatest period of economic growth in U.S. history was when there was no central bank.
#2 The United States never had a persistent, ongoing problem with inflation until the Federal Reserve was created. In the century before the Federal Reserve was created, the average annual rate of inflation was about half a percent. In the century since the Federal Reserve was created, the average annual rate of inflation has been about 3.5 percent, and it would be even higher than that if the inflation numbers were not being so grossly manipulated.
#3 Even using the official numbers, the value of the U.S. dollar has declined by more than 95 percent since the Federal Reserve was created nearly 100 years ago.
#4 The secret November 1910 gathering at Jekyll Island, Georgia during which the plan for the Federal Reserve was hatched was attended by U.S. Senator Nelson W. Aldrich, Assistant Secretary of the Treasury Department A.P. Andrews and a whole host of representatives from the upper crust of the Wall Street banking establishment.
#5 In 1913, Congress was promised that if the Federal Reserve Act was passed that it would eliminate the business cycle.
#6 The following comes directly from the Fed’s official mission statement: “To provide the nation with a safer, more flexible, and more stable monetary and financial system. Over the years, its role in banking and the economy has expanded.”
#7 It was not an accident that a permanent income tax was also introduced the same year when the Federal Reserve system was established. The whole idea was to transfer wealth from our pockets to the federal government and from the federal government to the bankers.
#8 Within 20 years of the creation of the Federal Reserve, the U.S. economy was plunged into the Great Depression.
#9 If you can believe it, there have been 10 different economic recessions since 1950. The Federal Reserve created the “dotcom bubble”, the Federal Reserve created the “housing bubble” and now it has created the largest bond bubble in the history of the planet.
#10 According to an official government report, the Federal Reserve made 16.1 trillion dollars in secret loans to the big banks during the last financial crisis. The following is a list of loan recipients that was taken directly from page 131 of the report…
Citigroup – $2.513 trillion
Morgan Stanley – $2.041 trillion
Merrill Lynch – $1.949 trillion
Bank of America – $1.344 trillion
Barclays PLC – $868 billion
Bear Sterns – $853 billion
Goldman Sachs – $814 billion
Royal Bank of Scotland – $541 billion
JP Morgan Chase – $391 billion
Deutsche Bank – $354 billion
UBS – $287 billion
Credit Suisse – $262 billion
Lehman Brothers – $183 billion
Bank of Scotland – $181 billion
BNP Paribas – $175 billion
Wells Fargo – $159 billion
Dexia – $159 billion
Wachovia – $142 billion
Dresdner Bank – $135 billion
Societe Generale – $124 billion
“All Other Borrowers” – $2.639 trillion
#11 The Federal Reserve also paid those big banks $659.4 million in fees to help “administer” those secret loans.
#12 The Federal Reserve has created approximately 2.75 trillion dollars out of thin air and injected it into the financial system over the past five years. This has allowed the stock market to soar to unprecedented heights, but it has also caused our financial system to become extremely unstable.
#13 We were told that the purpose of quantitative easing is to help “stimulate the economy”, but today the Federal Reserve is actually paying the big banks not to lend out 1.8 trillion dollars in “excess reserves” that they have parked at the Fed.
#14 Quantitative easing overwhelming benefits those that own stocks and other financial investments. In other words, quantitative easing overwhelmingly favors the very wealthy. Even Barack Obama has admitted that 95 percent of the income gains since he has been president have gone to the top one percent of income earners.
#15 The gap between the top one percent and the rest of the country is now the greatest that it has been since the 1920s.
#16 The Federal Reserve has argued vehemently in federal court that it is “not an agency” of the federal government and therefore not subject to the Freedom of Information Act.
#17 The Federal Reserve openly admits that the 12 regional Federal Reserve banks are organized “much like private corporations“.
#18 The regional Federal Reserve banks issue shares of stock to the “member banks” that own them.
#19 The Federal Reserve system greatly favors the biggest banks. Back in 1970, the five largest U.S. banks held 17 percent of all U.S. banking industry assets. Today, the five largest U.S. banks hold 52 percent of all U.S. banking industry assets.
#20 The Federal Reserve is supposed to “regulate” the big banks, but it has done nothing to stop a 441 trillion dollar interest rate derivatives bubble from inflating which could absolutely devastate our entire financial system.
#21 The Federal Reserve was designed to be a perpetual debt machine. The bankers that designed it intended to trap the U.S. government in a perpetual debt spiral from which it could never possibly escape. Since the Federal Reserve was established nearly 100 years ago, the U.S. national debt has gotten more than 5000 times larger.
#22 The U.S. government will spend more than 400 billion dollars just on interest on the national debt this year.
#23 If the average rate of interest on U.S. government debt rises to just 6 percent (and it has been much higher than that in the past), we will be paying out more than a trillion dollars a year just in interest on the national debt.
#24 According to Article I, Section 8 of the U.S. Constitution, the U.S. Congress is the one that is supposed to have the authority to “coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures”. So exactly why is the Federal Reserve doing it?
#25 There are plenty of possible alternative financial systems, but at this point all 187 nations that belong to the IMF have a central bank. Are we supposed to believe that this is just some sort of a bizarre coincidence
Website consumerfinance.gov
Former employees from Ameriquest, which was United States’ leading wholesale lender,[88] described a system in which they were pushed to falsify mortgage documents and then sell the mortgages to Wall Street banks eager to make fast profits.[88] There is growing evidence that such mortgage frauds may be a cause of the crisis.[88]
The U.S. Financial Crisis Inquiry Commission reported its findings in January 2011. It concluded that “the crisis was avoidable and was caused by: Widespread failures in financial regulation, including the Federal Reserve’s failure to stem the tide of toxic mortgages;
3. Cease-and-Desist Order Procedures
The Dodd-Frank Act establishes a special set of procedures for cease-and-desist proceedings brought by the CFPB.[177] In its notice of charges, the Bureau must set a time and place to hold a hearing to determine whether a cease-and-desist order should be issued against the covered person between thirty and sixty days after the notice of charges has been served. All administrative hearings regarding cease-and-desist orders are required to take place in the federal district court where the covered person has its principal place of business, unless the person consents to another location, and are to be conducted according to the APA. If a party consents by failing to appear at the hearing or the Bureau finds on the record that a violation has been established, the Bureau may issue an order to cease and desist from the violating practice, which will become effective thirty days after service. A party may petition for judicial review in the U.S. Court of Appeals of its principal place of business or the U.S. Court of Appeals for the D.C. Circuit within thirty days after the date the CFPB serves the order.
GOOD DAY LADIES AND GENTLEMEN… I AM LOCATED IN MD AND I AM SEARCHING FOR AN ATTORNEY GROUP TO ASSIST ME IN THE PURSUIT OF JUSTICE REGARDING THE FRAUDULENT MORTGAGE DOCUMENTS ON MY HOME. NOTE WAS OWNED BY SALMON BROS NOW DEFUNCT… BOA/COUNTRYWIDE/NATIONSTAR ALL INVOLVED … LATEST DOCUMENT I RECEIVED FROM NATIONSTAR ADVISING ME THAT THEY CAN NOT FIND MY ORIGINAL LOAN DOCUMENTS. ITS PRETTY DEEP REGARDING FRAUD… SERVICER PAYS 8 MONTHS OF ARREARAGES PUT IT ON THE BACK END OF MY MORTGAGE DOES NOT GIVE ME THE TAX DEDUCTION AND WHO DID THEY PAY WHEN NOTE HOLDER IS CLOSED?? I BELIEVE THE NOTE HAS BEEN PAID OFF DUE TO SALOMON BROS CLOSING CAN’T FIND ANY DOCUMENTATION ON THAT PART. NONETHELESS YOUR SUGGESTIONS WOULD BE GREATLY APPRECIATED.
@Hammertime – I respectfully disagree with you that if you are a defendant in a Chase case and are NOT in one of the (5) states listed under the Chase RMBS settlement, that you can use it to support claims. I’ve already been told by my attorney that this settlement has no bearing on my case here in Florida as Florida was not part of the Chase RMBS settlement and the courts would not recognize the wrong-doing of Chase against other defendants in other states. Even when documents refer to substantiate a case law here in Florida it uses either only Florida state cases or Federal cases (Federal cases because they take precedence over state). If the court system in those other remaining states (maybe your state) does recognize out of state case law, then that’s a great leap toward victory. Here in Florida we are up against the biggest corrupted court system EVER!!!!
Bad wording but good info on the FL law snake pit. Not thinking in terms of legalese since it appears no reading of the law can get you a fair shake there. It’s coming down to rights and harm done in the general sense. You homeowners down there gotta start making noise on that basis or roll over. Like an alligator? Sorry that image just popped into my head!
Ha-ha! You have the right thoughts on Florida except it’s the judges who are the alligators and eating us up ALIVE. The corruption down here is soooo massive on all levels not just in the court rooms. Police, child protection, welfare, food stamps, disability claims…all so corrupted! I vowed to elect no one but the ones running against the incumbents however, that list is just as full of cheats, liars and greedy sob’s…the sole purpose then is to just break that chain from where it is yet it doesn’t get rid of it! It is so frustrating dealing with a fraudulent foreclosure crisis for ALL of us and yet try at the same time to evolve our state from corruption. We have a lot of good people that could do a supreme job but money is what gets people elected. No matter how good you are, if you don’t succumb to the scum to fill the coffers you won’t make it. Sad, very very sad.
Here in CA the Repub governor candidate is running as the middle class hero and what does he want, no regulation!, what got us into this mess in the first place. While Gov Brown is being sued for diverting settlement funds. We’re all being played just from different parts of the deck. But the truth and precedence now is on our side. You’re right about the money but if we ask the obvious questions to whoever’s running and force them to answer they can’t hide.
True hammertime but there is a hush clause in the agreement but not sure if that applies to all plaintiffs or just the attorneys
Another class action trap
I agree with hammertime. the best option for us all is the political one and heavy heavy lobbying and have a sea state change nationally esp in florida. it is going to be a hard fight. the banks and their fed regulator friends and the federal reserve have run the show since 1930. that is how long this has been going on I blew the whistle about all this stuff in 1978 in d.c. before the senate banking committee and the sec of treasury Blumenthal . only thins happened was some people got fired like my boss the the OCC Director and a new piece of legislation called the Community Reinvestment Act.
regards
David
And now we have the internets! lol No excuses.
What’s wrong w/ you David didn’t think they would sell out our whole country! 😉
You should have received notice if you are part of a class action settlement. Which settlement r u referring to?
The Chase Mortgage Settlement. The settlement was NOT a class action. This is one that was brought on by the Dept of Justice. I don’t care about class-action settlements; they are only worth a pittance and all the money goes to the attorneys. I am referring to the settlement which John Smith is the monitor.
Bobbi the chasemdlsettlement was a class action and a federal lawsuit. If you are a part of this. You should have received notice
Ones I’ve been referring to are RBMS settlement (http://www.rmbstrusteesettlement.com/) or National Mortgage Settlement.
Looks like RBMS doesn’t apply to FL per Bobbi
I received a class action settlement, from BoA, countrywide on the double billing for forced hazard insurance during the foreclosure..( I had already noticed it,)
Is it safe??? to apply for the settlement? they want last 4 of ss #
we won our foreclosure per se. recently,.in Florida any advice?
also looking for attorney, pr anyone who can help me file counterclaim for damages. I have a good start but need advice. I am new to their game. and won by common sense questions in the court room.
Translates to
chase keeps all the money
homeowners get nothing
Chase n banks have their people in uscfpb
To suppress complaints
Thst was in the press when director was appointe d by Obama
The other thing they do is ship our complaints to fed trade commission
Complaint graveyard to cover it all up
David
Betw this and the Annex guidelines Chase decides who gets the money as if the fraud, “crisis” never happened. Some get money for their PR campaigns and so politicians look good. Like the non-profit guy said they’re all pretending to do something.
Another non answer from mortgageoversight people, Mr. Joseph Smith?
So sounds like they can’t look into a $500,000 forgiveness offer and if there were any credits claimed by the “lender”? How many of these are there? $500k offers and oversight people we need to go on a hunt for?
And got Chase rep to agree to recording so maybe there’s a change on that end. Documents what David is saying about categorizing our issues as “duplicates”. So are Chase and CFPB too much in sync here? A view into how they see the single point of contact as well or more misrepresentation on that front. If case is escalated to the “executive office” it seems the SPOC is out of the loop, no more SPOC?. Fits in with description that “executive” group is a delaying, misdirection tactic as David has said.
And what ever happened to the task forces and the agency cooperation to get to the bottom of this fraud? Am I asking too many questions? From info@mortgageoversight.com, no word yet from ombudsman.
“There are currently two settlements involving Chase. The first being the National Mortgage Settlement in which Chase has completed its requirements for consumer relief. The second is the Chase RMBS settlement. This was entered into in November 2013. The Monitor has a limited role in the Chase RMBS settlement dealing with consumer relief – he measures whether the relief has been granted. Chase has discretion in the granting of relief under the settlement and the Monitor has no oversight of the exercise of that discretion other than to measure the result. Unfortunately, our office is no able to get involved in individual borrower disputes with the servicer and we would not be able to review your case and provide assistance.
Additionally, the Independent Foreclosure Review was separate from the National Mortgage Settlement and our office had nothing to do with it. I would encourage you to contact the OCC for concerns about the IFR. As for the City of Los Angeles, you would need to contact your state’s Attorney General to see if they are able to provide you with assistance.
Thank you.
Office of Mortgage Settlement Oversight
P.O. Box 2091
Raleigh, NC 27602
(919)825-4748”
Am I missing something here? From reading the settlement with Chase, it only mentions that it settled with 5 states (however, the state of NY was settled before the signing of this agreement). Those states were California, Mass., Illinois and Deleware. Anybody else in any of the other states have no bearing???? I see all these posts from people in places other than these 4 states thinking they have some resolve with this settlement and yet, it does not appear from what I read in the settlement that there is no relief for anyone else in these other states. I am in Florida and (wishing) that I had some stake in this settlement, but it does not appear so. Does anybody out there have more information that would lead me to believe otherwise?
Should be verified if applies to individual cases. Can be used to support claims, precedent. I’m hitting on the bigger theme that we aren’t getting relief so no matter what state complaints can be made questioning their process and where the money is going. If we all support each other’s causes and the main overall cause for foreclosure victims we could pop their bubble.
Hammertime. Which settlement r u referring to here with Chase?
Now I can’t find the email I got it from. Looks like it came from here:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB8QFjAA&url=http%3A%2F%2Fwww.justice.gov%2Fiso%2Fopa%2Fresources%2F64420131119164759163425.pdf&ei=42ToU-uXG426oQSqrYCYBg&usg=AFQjCNGDwVQJyQd7gJBhjuMFGm-r9IpDtA&sig2=Iya-vNUhNPnVdpcTtVcJ2g
and refers to last WaMu settlement late ’13, pretty sure applies to National Mortgage Settlement as well
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=0CEkQFjAF&url=http%3A%2F%2Fwww.msfraud.org%2Flaw%2Flounge%2FDOJ-JPM-Bear-Stearns-WAMU-Settlement_2013.pdf&ei=42ToU-uXG426oQSqrYCYBg&usg=AFQjCNFwbucjzJ7GjWbOHuU5LP-Bmp59CQ&sig2=U_bcEQC9eD_ZEbxmEoD2Kw
David’s been great with the info and trying to catch up and apply. I skimmed past this at first but makes you wonder why we’re having such a problem getting a fair shake. Even though your frustrated w/ CFPB need to keep filing complaints but share them so we can track them. This is the blight section that applies to my case and David’s. Whether my supposed $500,000 forgiveness was a part of this and Chase got credit for it is part of the answers I’m requesting. If Chase can get dollar for dollar credit why won’t they even work with David and even insult him as a disabled veteran?
Seems they can donate the mortgage to David and get full credit and in my case could work with city even though there’s already $15,000 in the City’s hands from my rental income. What gives?
“Annex 2
Consumer Relief
Eligibility: The Consumer Relief eligibility criteria shall reflect only the terms set forth below and the following principles and conditions: (1) Consumer Relief will not be implemented through any policy that violates the Fair Housing Act or the Equal Credit Opportunity Act; (2) Consumer Relief will not be conditioned on a waiver or release by a borrower, provided that waivers and releases shall be permitted in the case of a contested claim where the borrower
would not otherwise have received as favorable terms or consideration; and (3) Eligible modifications may be made under the Making Home Affordable Program (including the Home Affordable Modification Program (“HAMP”) and the Housing Finance Agency Hardest Hit Fund) and any proprietary or other modification program.
4. Anti-Blight
A. Forgiveness of principal associated with a property where foreclosure is not pursued
i. $1.00 write down = $1.00 Credit
B. Cash costs paid for demolition of ii. $1.00 payment = $1.00 Credit dilapidated properties
C. Mortgages or REO properties iii. $1.00 property value10 = $1.00 donated to accepting municipalities, Credit land banks, or non-profits or to servicemembers with disabilities or
relatives of deceased servicemembers
D. Funds donated to capitalize community equity restoration funds or substantially similar community redevelopment activities.
iv. $1.00 payment = $1.00 Credit
“Total Credit Minimum”=
1.+2.+3+4. = $4 billion
I know how u feel Marilyn. I had to put my beagle down at a young age and I felt she got cheated. I have three dogs and a cat and I am not parting with any of them even if I lose my house. I would not go anywhere with out them. They have been a part of our family for too long. Youngest dog is 7.
if in the beginning you mean ‘soon after their deaths’….I did a lot of thinking about what kind of nation America has become….on our watch. Like a garden never weeded…it has overgrown with an abusive, predatory, take take take mentality. ..my dogs were amazing…the did not deserve what Snoooy of MetLife did to us/them. I will forever be sickened by the Banksters’ greed….for their lack of restraint. We have become the video game….television is effective….yeah…I have not been the same since….my advice….let this pain harden your armor but not your heart. Let it strengthen your resolve to fight….to shield the next future victim. Until C-uh-ohs get hauled off in silver…..the behavior will not change. There comes a time when the gloves are removed….when its you or them……we are at this point. Yes I aquired an amazing chocolate lab….Ithaca Rose Kennedy…..after Rose K. She embodies the human spirit. …she is more than a dog…not sure how to explain. …I think she was ‘sent’ to me….to help fight the darkness….and to help bring the light. She has been fed beef heart everyday for 3 yrs….my way of honoring the K9 clan….a way to move forward.
Let the feelings out….journal….yoga…meditate….sorry you are in such a – space….that is hard…I am/was too…..you feel like yre living in an active war zone….never safe.
My advice…..file. let it out…..get your day in court…pro se…get a judgment. …enforce that judgment. ..get paid….move. what is that…7 steps??? Good luck….loss is hard…feel it.
wuf wuf Ithaca Rose – what a wonderful name for your baby I always feel that substitutes are sent to us by a power stronger than us. Someone is going to object to me talking to Rosie
Time moves so slowly
I recently sent 17 years of proving the fraud to someone who has the authority to do something about it.
Thanks lms
Trevor- what did you do with yourself at the beginning? i never had one that didnt come to their
end naturally and my last dog lived to 19 and a half i feel like she was so cheated
Did you ever get think you could get other dogs?
Marilyn so sorry to hear about your dog. Hang in there!
thanks Trevor you know my feelings.
i am pretty sure the wacko that lives downstairs from me with the drugs and the electronic harassment guns is a registered sexual predator- a florida felon Naturally at these reits they won’t tell you who your neighbors are.
I found a site called Mugshots.com and saw a creep named Douglas Blumlein a Florida felon that looks like the man that lives below me but with slightly altered appearance of his head partially shaved, his mustache shaved off and his silver rimmed glasses gone . I went to the police several times trying to stop this nightmare about the drugs coming into my apartment from downstairs and their answer was there is drugs everywhere. Which i guess they are right about .
Drugs enlarge one’s heart and so that accounts for my dogs enlarged heart. I already went to the authorities of the Florida prisons. Even if he served his time for raping a child he shouldn’t, especially with his fondness for electronic harassment. be allowed to live among normal people
there is no one here to reason with since the leasing agent is a two time felon for credit card fraud.
Someone on this site told me that in Florida all leasing agents have to be licensed, unfortunately not here in New York. Can you imagine giving your soci al security number and your financial info to a credit card felon.
The REITs do not care about your safety or health a long as they make money.
i’m going to be here till i get my properties back i might as well use my energies fighting against this sadist be banned from having weapons.
@ Tricia is Beneficiary Declaration a WA fc filing requirement?
Yes, it is required under the Deed of Trust Act. It is suppose to be done prior to starting foreclosure action. It is how the trustee knows that the bank is the actual owner of the note and has the legal authority to foreclose. The current problem we have is that they started foreclosure action over a year ago but the beneficiary declaration we just received is dated June of this year just prior to them filing an amended notice of foreclosure sale. We are thinking something is fishy here….
Tricia is your loan a bear stearns mortgage
Originated between 2001 thru 2008
Or do you know who the mortgage trustee
Is for your mortgage trust we need to know
If you have a Mers number and was their a
Second mortgage with your loan
I have thr info from thr us federal district
Court as to whobowns your loan first trust that
Has been verified
In other words the name of thr true beneficiary
Regards
David
If you like you can contact me thru hammertime
Or to my email at blackvan@yahoo,com
David, it was actually originally a WAMU loan (The trustee was Group 9, Inc), but from there we have no idea what happened to it before Chase supposedly purchased it in 2008. There was no second mortgage. I am not sure if it ever had anything to do with MERS. Chase appointed NWTS as successor trustee.
Tricia, this may be on my brain from another correspondence but if you have an atty in fact on assignment or other docs could be sign of broken chain which it sounds like from possible back dating. They may be able to back date as long as their standing is valid. My WaMu issues are pretty bizarre which I believe is result of broken chain of title. Matching up dates is key with docs, sales, trust rules (Glaski) etc. Again, the settlement guidelines allow you to challenge chain of title, reliable evidence, valid transaction even though it seems the WA system is anti homeowner.
David, yes we have read the Ha Dao Class Action Law Suit. I will check more into it, thank you for the help.
Just saw this quote on site David referred me to:
“Mission / Intent: To remove the fear of the unknown for underwater homeowners through Education − enabling Trust − leading to Action!
“Each must for himself alone decide what is right and what is wrong, and which course is patriotic and which isn’t. You cannot shirk this and be a man.
“To decide against your convictions is to be an unqualified and inexcusable traitor, both to yourself and to your country, let men label you as they may. If you alone of all the nation shall decide one way, and that way be the right way according to your convictions of the right, you have done your duty by yourself and by your country – hold up your head!
“You have nothing to be ashamed of.” … Mark Twain
– See more at: http://www.useforeclosurelaw.com/contact/#sthash.9Qs8W70J.dpuf”
Not much activity since 2012 when sites seem to have been silenced.
Beneficiary Declaration question…We have been dealing with JP Morgan Chase since the beginning of 2013 when they started foreclosure action. We recently requested the beneficiary declaration from the trustee and it is dated June of this year, just prior to when they re-filed notice of trustee sale. My question is wouldn’t the beneficiary declaration need to have been filed back in 2013? FYI, we are in Washington State.
I only twittered once and now hackers at astoria federal have hacked into my account -they are probably connected to the russsian hackers.
THIS IS A WARNING FOR ANY OF YOU THAT HAVE LOST YOU HOME BY FRAUD AND HAVE PETS. DON T GO TO A REIT THAT WILL TAKE THEM, BECA– USE THE TWO REITS I HAVE BEEN IN ALSO GAVE ME ADJOINING NEIGHBORS WHO WERE ON DRUGS. AND THESE DRUGS ALSO ENLARGE THE DOGS HEART. I DIDN T KNOW TILL THE LAST DAY OF MY DOGS LIFEWHEN THE FELON I LIVE ABOVE — USED HIS ELECTRONIC PULSE AND RUPTURED MY 7 POUND DOGS CORDEAU.
The Animal Hospital saved him but the medicine being so strong destroyed his kidneys. Couldn’t let him be in pain I had to put him to sleep When I win my case I am going to put a part of it into helping save these animals that got caught up in these fraudulent foreclosures .
I’m surviving on KAMA and hope every CEO of all the REITs end up with a similar fate
Of Jamie Diamond.
Marilyn…et al.
I am sorry for your loss..suffrage…situation. I know you hurt today…like yesterday. ..and tomorrow it will hurt too….but hopefully (read: full of hope) you will begin to ‘hurt’ less. As a K9 ♡r…know that your partner got caught up in a mess…an innocent life lost to corruption. I went through this too w both my champion labs…both now in the ground…5-7 years too soon. Stress causes cancer and cancer kills…2 legs or 4..
Please have your veterinarian document his/her findings. These can be added to your ‘jury’ trial docs…exhibits. Document it all…as bizarre as it may appear…even the psycho neighbors w ray guns…all of it.
There are forces at play under the surface…powerful shifts occuring…counterbalancing this pain we are feeling. When the perps do their walk.. I will be there w bells on….I will sear my pain into their hearts just as they did to me..my fiance…my dogs…my family….I must return their darkness…shed it from my essence…it is not mine. Return to sender as it were.
Keep a light on for hope…the Truth…the blowback…it will be a fantastic day and it is on order. We shall overcome. We will bite back….for those who did not deserve this horror. Ps…my ‘bite’ is lethal….just hang on. Never give up…never…ever…ever….
♡@godspeed
Tricia there is a class action lawsuit
Against nwts brought by a vietnamese
Attorney in seattle you may qualify
To be in it the suit is for nwts fraud i believe
I know the plaintiff
Regards
David
Don’t get much of a chance to buy the LA Times these days but seems like when I go to the library like today the headlines just jump out at me.
One from 7/28/14
Gov Brown trip to Mexico with Lobbyists
From yesterday 8/8/14
Mid Wage Crisis
Equity Loan Defaults Likely to Rise
New Dynamics In Housing Market (“rebound effect” fading, will NEED JOBS etc)
Costly Housing Seen as Threat (CA inexpensive areas on par w/ TX expensive areas, CA expensive areas reaching $1 mil median value, BEYOND REACH of AVG Californian! duh!)
Fannie, Freddie report profits (fully repaid govt aid when THEY WERE RESCUED in ’08)
Charges Grow Against former CalPERS Official (pension fund fraud)
Please sendme an email and we can huddle with me and other
Members of this blog who are goingon with this too
I was banned from the mdlsuit by kellerrohrbach.com in seattle
Who i told this was going to happen to you before it did
She is your counsel before the federal judge
Her name is gretchen obrist and gretchen cappio
They allegedly sold all out for a court approved 10 million
Dollar attorneys fees and you got a fraudulent loan mod
It is their duty to notify the federal judge in boston about yousr
Situation and get a federal court order to stop it
Under fed reserve regs you probably flunked the rigged
Net present value computer software model done on your
Loan mod
By fed reserve regs chase has to foreclose but the model is rigged
And you can prove that and get your copy of the results
If you buy a share of jp morgan bank stock u can demand
A copy of your entire foreclosure file and npv Model and where
All your payments and eascrow funds have gone
In other words like in my case chase has stolen all your
Mortgage payaments allegedly and i have proof from chase of that
From their wkistleblower employees in writing on chase stationery
And you can demand the amounts and names and account nimbers
Of all the derivative hedge bets on your foreclosure that chase will
Cash in when they foreclose
Uo to 43x the face value of your original mortgage
And demand. Copies of all insurance thst chase has taken out
Out on your mortgage
That is why they are speeding it up
A golden pot of cash and their attorrneys get a triple bonus for
Getting it thru the courts when they take possession of your home
Watch videos of king county videos of chase in seattle court
With chase from stafnetrumbull law firm
The judge states this is civil theft by chase
That is what chase is doing to you
That is called contempt of a federal judge
That is a felony
Regards
David
Write me if you like. blackvan@yahoo.com
I was banned from lawsuit cause i was going to blow the whistle
To the federal judge about chase covering uo 1 million
Frauulent mods by changing all the account numbers and q
Writing new loans without anyones permission with new account numbers
Under guise of a loan transfer
Chase told fed judge they only did 60000 mods of 1 million
Bear stearns loans now being sued by new york ag in new york
Superior court
I have been keeping the attny in the class action settlement informed how the local court here seems to be ignoring that I am part of this class action. I’m sure the judge is not aware but the banks attorneys most certainly are and that is why they are trying to push mine thru because they know I am or should be due some serious restitution for all of chases lies and deceit and stress they have caused myself and many others that were named in this settlement. I also let the florida AG know that chase is trying to weasel out. I don’t know who else
To let know except the federal judge that Made the ruling
Thks David, that will be next if they choose to keep ignoring the larger picture here. The courts in broward I would not trust no farther than I can throw them and the judge on my case has a substance abuse issue and has been busted for several DUI s. It’s just insane. The court system here
Any lawmaker has that power anytime, to guide his future efforts in law review or lawmaking. Any grand jury has that power, whenever they see an enforcement issue. Keep them in the loop, and copy them with all your communications. They have staff people who can read, and they pass on the interesting ones. I copy all my communications to my senators and representatives, even that dude who is currently President. It’s filed somewhere up there, and the next president can probably read too.
Agree David. It is a huge cover up. In florida no jury trial and no court reporter unless you hire one to record all the fraud that chases attnys and representatives will spew out of their lying mouths. They r trying to set mine for trial and ignore that I am part if the mdl settlement. I have the attny looking into my case. I am following all instructions as per the settlement agreement and they are still trying to push the foreclosure because if they beat me to foreclosure they win and I lose any restitution due from this settlement. Received email from AG thanking me for my “persistence” in this. Funny they should use that word because that is all I have ever been with Chase to get a modification Is persistent as well as consistent and just continue to get screwed over by chase and the corrupt courts here in broward county florida
As I shared with you before I sued as a disabled vet those
Florida courts in federal court in Miami fleet for trying to
railroad me in my sons drug case in key west
I delivered it or served it on Florida attorney general in
Tallahassee
That stopped the railroading and coverup of drug ring in key
west high school
So if I did it you can do
it takes five minutes to fill out the complaint
and hit was served on th e judge and I hired a court reporter
Regards
david franklin
I took it lol to federal court in miami m myself
Didn’t cost me a dime as a federal question for
florida violating my civil and connstitutional rights
Sent you an email as I have before but you don’t respond
David
I am still working on my lawsuit and would love to send it out to anyone who may have some input or interested?? I will post it here when it is finished should anyone need some of the issues I learned…This is without a doubt…HELL….elyse@gte.net
I was watching a tv show last night about the Richard Nixon ordeal with the break in of the Democratic Headquarters he planned with his staff and the Senate Hearings that resulted in his impeachment…The Senate and Congress were so hell bent on preserving the “LAWS” that were violated and the integrity of the Constitution, The Bill Of Rights and the Office Of The President, it brought to mind that this is the direction we should be going as well. Does anyone know the process of petitioning for a Senate Hearing just like the one done with all 9 Banksters that were brought in to testify to their wrong doings where they were shammed by some of the Senators about flying in on their private jets in to attend? If there is any connections to Elizabeth Warren’s office in Mass.? She is a Senator that could help us get our findings to a hearing or Commission? The Courts are all on the banks payroll yet we keep going in that direction??? Just a suggestion and any feedback on how to do it would be much appreciated by all….elyse@gte.net
Hammertime: Terrific letter! Very clear and to the point. I speak for readers….thank you for sharing.
Thx Trev, you’re still the Hemingway! lol,,,Looking back a little rushed but we can all do what we can.
Well, here’s another last shot for CFPB, settlements, will hold off on details:
CFPBOmbudsman@cfpb.gov
info@mortgageoversight.com
jsmith@poynerspruill.com
info@jasmithmonitoring.com
Wendy Kamenshine is the Ombudsman for the Consumer Financial Protection Bureau
Dear Mr. Smith/Ombudsman,
I am writing to you to express my concern that the settlements are not being followed by JPMorgan Chase and that the settlements and laws such as the CA Homeowner Bill of Rights are ineffective or are not being carried out.
Settlements are not addressing harm done to homeowners that were actually harmed it appears.
I am also concerned that complaints such as mine are not being taken seriously by the CFPB. A recent
article notes that Chase is only beginning to provide homeowner relief. Yet there were supposed to be funds for legal aid, blight and to mitigate harm done since the national mortgage settlement was in effect. My numerous complaints seem to have no effect on Chase’s behavior and every lawsuit and settlement that is publicized is aimed at investors or government agencies’ benefit.
I detailed various violations of settlement guidelines as well as possible fraud and we are hearing that Chase and the other banks are still getting their credits while there is no mention of their violations.
If my case is an indicator there is extensive fraud that is being missed by the CFPB or being ignored or else the laws have been weakened to the extent that they are having little effect on homeowners that have been harmed. To point to affected areas, modifications etc while dismissing homeowner’s claims is a manipulation in itself.
Chase continues to mislead and take advantage of homeowners with the WaMu purchase and other possibly unlawful transactions. The National Mortgage Settlement should have helped to clarify these issues but Chase continues to ignore guidelines and provide misleading, possibly fraudulent information as my case indicates.
It is difficult to see how homeowners that were actually harmed are obtaining any relief as is claimed.
It appears the very settlements are being abused by lenders such as Chase and local government if my case is an indication.
I have received information from Chase on the purported, disputed loan that makes no sense while it’s representatives seem to have no knowledge of the settlements or the guidelines that were agreed to.
That an average $500 payment from the Independent Foreclosure Review is considered relief, has left homeowners with no confidence in these settlements, lawsuits and their oversight. Besides the ongoing misrepresentation over the past year Chase was found to have corrupted the process as noted in the media and hearings that included Sen. Warren in late 2012 and early 2013, I recall.
Hell yes
Awesome
David Franklin
Thx David our marathon talks are doing something!
I have written all of them and they all stonewalling
and dismiss my complaints
Regards
david
Your email address doesn’t work
tried twice both bounced
please send email to blackvan@yahoo.com and ill reply
Have been petitioning ellen warren and bernie sanders for
months to have hearings about chase mortgage corruption
in their mortgage servixing unit and stealing we and my mortgage
payments to use as personal income and not pay fed or state
taxes and not forward to investors
Even the new York ag office is stonewalli in ng me despite
their lawsuit in new york state court for defrauding investors
in the bear stearns trusts emc chase mortgage
one of those is blacksmith and boilermmakers pension fund.
Union owned and part of ALF CIO
REGARDS
DAVID
WE ARE INVOLVED IN A HUGE FED STATE COVER-UP OF MASSIVE FRAUD AND
WORSE NOW
Hell yes
HOORAH !
Regards
David
Who is Authorized to change the trustee in a securitized loan. US Bank National Association was the Trustee before we went into the Bankruptcy Process. Once the Bankruptcy proceedings started, Wells Fargo’s (Servicer)’s Attorneys created documents to appoint individuals within thier lawfirm as trustees. Im no attorney, but something just does not seem right about that. James 443 677 2799 jsmith5915@msn.com
Not an attorney but they probably can unless you find a problem and they’re not valid. Lots of lawsuits, settlements over predatory lending, REMIC etc you can check out.
I am no attorney either but I am pretty sure that the owner of the note, not just the servicer need to file the appointment of successor trustee. Although, it might also be dependent on your state law. http://www.msba.org/sec_comm/sections/estate/council/utc/nov16maryland_trust_code.pdf
I would also ask the bankruptcy trustee if they can do that in the middle of the bankruptcy, whether you think so or not the bankruptcy trustee is a neutral party. Had a slightly different issue related to Appointment of Successor Trustee and the Bankruptcy Trustee helped resolve the issue.
The correct person to ask is a judge.
Not sure what state you are in ( besides the state of frustration ), but Wells Fargo’s attorneys seem intent of ignoring law and falsifying things, and making misrepresentations – my case is full of it and I’ll be glad to make my entire files and depo’s available to anyone who wants them.
The reason I say a judge, is that we all must DOCUMENT what these B________’s have done and put it into the public realm for all to see, including legislators, regulators, and law enforcement…. and foreign individuals that are working similar problems overseas.
Call a title insurance attorney, and also do your CRITICAL appellate research (www.scholar.google.com is free !).
And when you DO ask the judge ( I love to talk to them, they don’t always love to talk to me ), do it in a way that no matter how it turns out, you have preserved the mistakes all have made – including the judge.
Everyone realizes our legal system has been pretty much DESTROYED by the system REFUSING to follow proper judicial process and Rules of Court and Evidence. Document it.
Let every fact be taken before people who can correct these things eventually – legislators who can re-write things to reverse the wholesale degradation of our, now laughable, judicial system – a tool of crooks, shameless law breakers who damn well know they are raping innocent people and have abandoned the basic tenants of jurisprudence but have the audacity to think no one will do anything about it. YES WE WILL.
I have caught Wells Fargo red handed, and slowly every minute detail of their fraud will come out in documentation before courts and Grand Juries, along with EVERY instance of insider wrongdoing, including that of judges who are in some cases up to their eyeballs in crime, Certainly many, many attorneys are as well.
A Trustee is appointed by someone…the person that appoints them can make changes but it all can be challenged and ordered changed again by a judge depending on the circumstances, but lawyers can not manufacture fraudulent evidence, even though the Florida Supreme Court and legislature has said its OK in a round-about way. To be sure, having ALL parties agree to change a Trustee is the best way to avoid problems, although in Florida surprisingly the BORROWER has to agree to who holds the right to reconvey (3rd party).
Do you have a good Trial Attorney ? I am recommending people talk with APPELLATE attorneys, who know the ultimate requirements and prohibitions. After you talk with a TITLE attorney and research case law, go armed with that to talk to one, who can recommend a skilled trial attorney to motion (ask) the Court to make rulings, make findings of fact and conclusions of law. Wells Fargo probably is one of the easiest to get overturned because they seem to have made so many bold acts of ignoring law and convincing their attorneys to break it.
When I recently sued HSBC, their General Counsel was easy to work with, and actually helped me put the screws to Wells Fargo, as if they might like to get rid of them from the industry. Remember, even Florida’s Court of Appeals has upheld my “unprecludable” right to go after Wells Fargo…and I don’t care WHAT Wells does anymore, I WILL find something wrong with it and point it out to everybody, and ask people in the legal industry to correct it.
By the way, I am supporting Elizabeth Warren for President in 2016. She has the guts of Joseph McCarthy in determination and hot, pointed-sword-like questioning and getting to facts – something our spineless corrupt infrastructure and banking sector tries to bury and ignore. The World Court may have the ULTIMATE say about dismantling the banking cartel, – we have MANY friends around the world our government and banking system have cheated and who stand with us, the ordinary citizens of the world. Broaden your scope in this entire matter, it is NOT JUST OUR INDIVIDUAL CASES…..we are part of a whole, and must work together, as this cartel does so skillfully. Look for a new documentary coming forth from a major network in the not-to-distant future.
Read everything you can on what Elizabeth Warren and the CFPB have and are doing, and what the latest is in each State, judicially and regulatory wise. Also stay up to date on legislative proposals. Each of us should have a first name relationship with staff of our elected representatives and ask for meetings with them – some ARE on our side.
777 ! TKO in the 12th…. nicely done. IDAHO…..your little prince is coming for all the damage done…. 2 houses….6.5 yrs of hell….dirty judgee…complacent AG….disgraceful Mayor…rotten police…. ill stay right here at their jugular until Ithaca and I are made whole…. great news…thank you for sharing…..remember when it was cool to be American. At least we still fight till the end….till the last ko punch is thrown. Grace.
just watched the video….a little verbose. ..like my posts, but hey….at least guys in white shirts n ties w jd behind their name are now seeing the $ in ‘consumer protection services’ side…tidal wave hello. This is thumbs up and all+++. As well…the link was posted/shared here…I would’ve missed it otherwise. Point…sharing a victory and a proof positive example of FL tides shifting is a two-fer….on this lil ol blog no less.
Now the bad news / good news:
bad news first: sounds like ‘settlement’ $s are still getting lost in the Courts budgets…raises…new laptops…new towers of power. …nothing trickles down to ‘us guys n dolls’ *the ghost of ronnie reagan…this will stop….anon is watching and a fracked FL court master service network failure *think Target scandal…even for a week… would causes total chaos….again…this playing w the help money will be halted. Trust me…FL is always doing shady $hit in the sun…..not no mo’.
good news: 300,000,000 American consumers can play that game too….watch when some individual (to be named l8r) decides to put 10% of his/her punis into a private…invite only…AAA Team defense fund…..to help those in need secure a prom date w Justice….follow me….Valory wins jury award of $9 milliion…… $900k (bless her) goes to help crackerjack attorneys win another 7-10 cases for 7-10 lucky fighters….year one.
Each of those in the winners circle give 5-10% back in…to the House….to help grow the Peoples’ Practice…..more attorneys are brought in…a grass roots firm is born….one w a future…a new form of tithing…..for a new tide…for the tectonic shift we are witnessing. Keep in mind….atty fees are also real and in the mix as cases are won…w precedence ALREADY available….so the initial few ’rounds’ of litigants. …those of us holding the bag….suing for $10-$16 million a piece for the hell they served us while robbing us nearly blind….yeah…we receive plenty…feel great about starting the Super Firm….and watch the fireworks from a safe digital distance….FOR YEARS…
When I win my cases….this is my intent for 10% after taxes and fees….hope the logic is sound….
Like in Judo….use the force Tbone…but use their strategy against them….like the 16yr old Massai warrior on his lion hunt….the lion must leap…attack…then FALL onto the spear…it becomes the moment of truth…spears when thrown oftentimes miss..for various reasons. Lions while attacking rarely miss….spear tips enters first (us)…shield is up….let gravity and bravery get us our first major Team win when the C-uh-ohs and the sleazy attorneys they used to molest our Courts fall on the blade..then another…then 000s more in 5-10 yesrs….
We then shower the people w the banks stolen Benjamins. …. let Steve Kandarian…Ringert Law of Boise, Idaho..Jamie Diamon et al….let them play Robin Hood in green tights and pheasant feathered caps….make a sustainable game of it. Reverse osmosis. YOU paid for those shiny new courts afterall…go take one for a test drive…..and win! Then look back…..help the next guy/gal/family/grandparent/disabled Vet over the wall….its wartime kids….and we got em right where we want em….The Story is too important to be lost in dirty court rooms…. clean house. Today not tomorrow as my mentor George once proclaimed.
T-n-T…Graziadio !!! Tutn 6s to 7s…..
Well glad to hear yours has come to an end at long last however speaking for all of us that have suffered and are still suffering thru this homeowner nightmare. No one will ever be able to live their lives the same pre or post foreclosure. The scars of this will long linger in our minds and a lot of us will never return to their pre foreclosure lives. Scars may fade in time but they never go away Tom. I only hope for us that still have a house to fight for will in time see the kind of restitution that you are speaking of. As for me my trust in our govt and their conspiracy with the banksters will never be forgot. I only hope I can teach my son not to make the same mistake as me called trusting your govt. In GOD I will trust
ONLY and I pray for justice for every homeowner that has gone thru all the stress that I/we have
Wife and I executed our Modification this morning with Michael Winston of Carlton Fields Jordan Burt and its being FedEx’d to Wells Fargo who will have it tomorrow Aug 7th. Remember I executed it originally on July 23, 2104, the Court having strongly suggested to Mr. Winston he use his “considerable influence” with Wells Fargo to offer me a Modification and placing my case into INACTIVE STATUS.
This high powered Corporate defense firm was brought in to take over from David Stern and Aldridge Conners, whom I am both suing.
While my foreclosure may be over, my fight to undo the tremendous crimes that has occurred in this national disgrace is not. I am, and will continue, to stand right with you in your battle.
It would be nice that I recover the tremendous injury my wife and I have suffered at the hands of Banksters, regulators, legislators, judges and their staff, and the crooked unethical attorneys that engineered this huge profit maker from the start to the present with this wholesale money-and-property grab that was NO accident, but planned and intentional. It would be even nicer if we get an award of more than our entire debt so we may live completely debt free, owning our home outright and having money in the bank again and able to travel the world and do the fun exploration of life we were doing before this intentional crashing of our monetary system occurred and obliterated my career and life savings I worked nearly 50 years to build, perhaps even getting my radio program back on the air.
I am convinced each of you has been subjected to numerous wrongs and those of you who have already lost property can eventually get them back or obtain substantial damages to make up for your lost equity. If I can be of any assistance in finding wrongs and pointing you in the direction of what recourse DOES work ( with substantial effort I might add ), let me know – ESPECIALLY if you have had dealings with Wells Fargo and/or Americas Servicing Company.
In the meantime, all should watch this wonderful report by our friend Matt about what’s going on now and how the “help” our government gave was to the BANKSTERS and not to US……..its disgusting and repulsive what a sizeable number of our legislators and judges in Florida have done and are doing, and I don’t doubt its happened in your state as well if you live elsewhere.
It would be nice if EVERY incumbent were voted out of office in November and indictments made against banksters, regulators and judges who were in on the heist, the largest financial crime in the history of mankind. ONWARD TO GRAND JURIES !!!!!
http://mattweidnerlaw.com/portfolio/foreclosure-purge-2014/
Yes it takes effort. Nice work! I have now crossed a significant step and filed my own complaint in District Court Western Texas and am docketed with Judge Yeakel. I feel great! At some point we’ll bring in the jury to sort things out…then appeal for whatever mistakes we make…My complaint and all the supporting exhibits are now on PACER ay $0.10/page, still free on http://www.phhmortgagemustbedestroyed.weebly.com
I m going through foreclosure suit in PA w us bank as trustee for wells fargo asset backed securities. Very tough judge. Behind 8 ball. Would u b willing to share any discovery u took? Would b very very much appreciated! ! Please email me at carynmlindsey@gmail.com when u can. Much thanks!
Good for u tom. Keep them on their toes. I’m a part of the chasemdlsettlment which addressed unfair and deceptive practices that the banksters have done and continue to do. Also breach of contract, promissory estoppel. Chase has to make good with the settlement however they r trying to speed up my foreclosure so they will not have to honor any of the terms of the class action settlement. Fortunately I caught on to their strategy and also let the CFPB know of their crap. Hopefully this will stop them now and as per the settlement agreement, we r supposed to get new modification with no delinquency fees added on. We just have to stay on top of them and let them know we r not pushovers. I would definitely not let the fact that your wife is signing a little late be one of their lame excuses not to honor your agreement. They tried some similar stupid crap on me saying I signed modification papers in the wrong last name when all of the paperwork and any financial info they requested clearly reflected the correct last name and they still denied me. How lame of an excuse is that? Be careful.
UPDATE FROM TOM HEINRICH
My last payment in December 2007 has resulted in my now being given a new 5.000% 40 year fixed rate mortgage with am August 1, 2014 first payment date, which I have made.
Because I am no longer in Default, the Broward Circuit Court must Dismissal With Prejudice the foreclosure lawsuit filed against me in 2008 in the name of HSBC Bank USA, as the Court has no jurisdiction.
I signed the paperwork myself on July 23, 2014 and hand delivered it to the attorney
representing the Plaintiff. Although I am married, I had acquired my home years before the marriage and my wife is be required to consent to the encumbrance, no later than July 23, 2014.
At that time she was traveling extensively in a part of the world with no email, notary or international delivery capability. She just arrived back in the States and we have an appointment first thing Wednesday morning the 6th with the attorney for her to sign – who has stated the “lender” may not accept her late signature and wish to attempt to complete the foreclosure against me, which would take my case out of the INACTIVE STATUS the Court had put it in months ago until September 1 , 2014.
As you know, I have extensively counter and cross sued all the players, including the OCC and Florida Attorney General Pam Bondi and the different lawyers Wells Fargo hired to pursue their foreclosure me.
Once signed tomorrow morning by my wife, I will move the Court for Dismissal With Prejudice of the case against me and bifurcation of all the remaining actions I have brought, substituting in a talented trial attorney well-versed and successful in Unfair and Deceptive Trade Practices and various fraudulent billing violations caselaw which seeks damages far in excess of the amount claimed to have still be owing on the mortgage which would more than pay off the relatively small balance should any be found to be legally due.
I am still trying to get my case before Grand Jury. As you know I have been over-documenting everything, and am now seeking Declaratory Relief in U.S. District Court, and even have sued the local County Florida justices over their misconduct in conducting matters, plus I have criminal complaints and a Consumer Financial Protection Bureau case open, and have a production crew ready for my Documentary.
I will advise you what happens tomorrow AND AFTERWARDS – which should get VERY VERY interesting.
Never give up. Find their crimes and bring it to public light, and let everyone know what you’re doing. This is not over by a longshot. I would love to see it destroy the two political parties that have used our government for their personal profiteering and for that we have international support. The monetary cartel must be dismantled, and it will only occur when each of us does all in our power to bring their crimes fully to light.
Any questions or my take on your situation will be welcomed, feel free to email me at reachth at yahoo.
maybe some of you want to look into this.
Wells Fargo Force-Placed Insurance Class Action Settlement – A settlement has been reached in a class action lawsuit alleging Wells Fargo worked in conjunction with companies like Assurant Inc. to increase the cost of the insurance policies paid by homeowners and provided kickbacks to Wells Fargo and its affiliates. If you were overcharged by Wells Fargo for a hazard, flood, flood-gap or wind force-placed insurance policy, you could be eligible for benefits from the class action settlement.
I am asking if anyone on this site could take the time to proof my Complaint that I’ve prepared to file in the District Court in Florida? I am seeing it too much and need an extra set of eyes!! Is anyone able to help me? My email is elyse@gte.net….Thanks, let’s see where this goes!!
suggest you join legal shield formerly known as pre paid legal. it cost 17 to 23 a month and they will assign an attorney who can review it for you.
just google legal shield and call them and you can join on the phone and you have a whole network of attorneys in the provider lawfirm who can help you as well as hundreds of outside attorneys that can help you as well
we are not attorneys here and it is illegal in most states to give you legal advice
regards
David Franklin
Let me guess
So he can do it again bit better this time
Dah
Regards
David
Wouldnt you since u wont go to jail
David why would Foley of Fidelity spend three billion dollars to buy back lps DOCX UNLESS HE HAD PLANS TO — USE MORE FRAUDULENT DOCUMENTS IN THE FUTURE?
right you are David, they got rich by stealing from us
I really think it is the Title Companies and the bad attorneys that profited from this massive fraud that are putting their money and power behind this bill.
They are usinng ourur mortgage payments to fightt us
A classic art of war straregy
Use the enemy’s enwegy to defeat him
David Franklin
Stay focused everybody. The tide is turning.
Homeowner butt kicking video action:
Stafne Trumbull Crush NWTS, RCO, MERS, MERSCORP in King County Superior Court Motion Hearing: Civil Conspiracy Moves to Discovery
by justiceleague00
Reblogged from Deadly Clear:
Click to visit the original post
http://deadlyclear.wordpress.com/2014/08/02/stafne-trumbull-crush-nwts-rco-mers-merscorp-in-king-county-superior-court-motion-hearing-civil-conspiracy-moves-to-discovery/
Washington state Pardo v. NWTS — KingCast Mortgage Movies
http://mortgagemovies.blogspot.com/2014/08/pardo-v-nwts-kingcast-mortgage-movies.html
Wow, thank yo for posting this one. I hadn’t seen it yet. We have been following several Stafne Trumbull cases related to NWTS, Chase, ETC. There was another one not too long ago that a judge called non-judicial foreclosure possibly unconstitutional because it doesn’t allow for due process. NWTS is evil to the core the Law Firm that owns it is Routh, Crabtree, Olsen…often represent the banks…NWTS is definitely not impartial.
Actually, David forwarded to me; he’s knee deep in WA and veteran’s issues.
That’s interesting I recently posted how non judicial has been questioned as denying due process.
If you’ve seen Garfield’s recent post it’s all been smoke and mirrors where banks manipulate the law to their benefit and then say it doesn’t apply to them.
But NOW they want us to ignore every evidence of fraud and abuse that’s a FACT.
I really believe the banks do target areas to steal the homes. Homes where i live are close to the beach and do not stay on theater long once the banks get their paperwork on order but mkt has apparently slowed since investors have bought up and drove prices back up. The house next to me has a disgusting pool that no one has touched for 4 years and when buyers look they take one look at that crappy pool and leave. I laugh but it’s really not funny because of the rain and mosquitoes. The bank is going to lose their butts on that repossession.
Well then again they probably won’t lose since they took out those insurance policies and I have heard they are compensated a couple times over for default and then resale. Their greed is unbelievable
Already signed and told my story on this site. Let’s just hope the money does go where it should, the homeowner
Another chance to vent:
Subject: Join me in telling BofA to settle with America Bank of America is on the verge of agreeing to a settlement with the Department of Justice for their role in peddling toxic mortgages that led to the financial crisis. We need to ensure that relief from this settlement – rumored to be around $17 billion – actually gets to the people who have been hurt the most by Bank of America’s practices. Join me in telling Bank of America: It’s time to “settle with America” and agree to meet with families that they have victimized. We know that when the banks get a chance to meet families in person, it’s much harder to simply dismiss them. Let’s make sure BofA gets the message. http://www.commongoodaction.org/tell_bank_of_america_it_s_time_to_settle_with_america?sp_ref=51341981.122.8779.e.32740.2
jayal 3 i know all to well i started paying on my bill and they still want to take my home these lawyers some of them it will hit them or there kids one day
I contacted attny of chasemdlsettlement today and he is looking into my paperwork for what it’s worth and my attny filed to stall hearing here locally because sheister bank attnys are trying to hurry up and steal my home. CFPB just sent a partial response to my complaint. I will read it shortly. I don’t know what else I can do for now. I just want Chase to know that I am no push over and not going quietly. Unfortunately u do need an attny to play their dirty games back I went to my job to try and earn some money and that was my day. I do what I can to save my house in the morning when my mind is fresh and deal with my job next. That’s about all I can handle in a day. I also have a 17 yr old, 3 dogs and a cat that need my attn too!
Nothing worse than rotten attorneys swore to uphold the law. Hope they are or soon homeless too. I told my ex attny off for all the money they sucked out of me and then turned me over to a collection agent trying to suck more for absolutely nothing. Filed some irrelevant counterclaims when I explained to them from the beginning that chase had breached contract. Completely ignored that fact. Trying to cover up for chase( aiding and abetting). Now the class action has brought it out in the open, but ex attnys had a chance to do it sooner but did not and WHY? I think us floridians know the answer
Hi hammertime
Yes we all have various ways in which we have been scammed by the banksters and that has what has brought us together and sometimes not so together. There r so many ways they have committed fraud thru their web of lies and deceit. In David’s case, when they changed his acct # , that would have been the red flag. It appears his was more blatant For me it was believing that govt would help. The banks and govt are trying to sweep the mess under the rug For me the chasemdlsettlement explains in a nutshell what they did to me and many others. I am sure they did the same to many others as they did to David F. Maybe he can form a class action and get his story and others out there. There r attny groups always looking for these types of lawsuits either way we have ALL had it stuck to us bad and we just have to keep on fighting and not each other cause we need each other in one way or the other.
Believe me, David’s all over it and any way we can help him will go a long way as well as Trev and I believe we have various “extreme” cases here that won’t fit the cookie cutter approach we’re being steamrolled with. Let me know if you need an extra pair of eye balls with your letters. We need to nail down the facts and get through the storm.
Here’s something that may be useful for you Floridians:
“Sherrie provided this for everyone:
Self-Represented (Pro Se) E-Filing
Beginning Saturday, June 21, 2014, Pro Se litigants may choose to electronically file documents online using the statewide e-filing portal. Pro se litigants wishing to e-file must set up a user name and password through the portal. They must agree to accept e-service of pleadings once registered.
Please refer below for an excellent instructional video and training manual on Pro Se e-filing on the portal’s site.
Instructional video on how to use the E-filing portal.
Self-Represented Litigant E-filer Manual.
Should you have any questions or concerns, please call (727) 464-7000 or email us at criminalefiling@pinellascounty.org”
From http://afnetwork.org/
Wow! Did a tornado just blow through here!
Actually, it’s blown through every neighborhood in this country and we have to put aside our differences and start to rebuild. It’s hard to do when you’re still in the tornado.
The lawyers, politicians and the banksters want us to believe that it’s all over and done with like the MA lawyers with the title bill.
I’ve talked to some great broker groups and lawyers that have genuinely been on our side and care about our country.
On the whole though the lawyers, real estate industry helped create the web of deceit and manipulated us and our treasury. Manipulation is at the heart of predatory lending no matter race, income, or profession. We are now a predatory nation and it needs to stop based on the pure facts of each of our cases or they need to make things right. They failed with the chance they got with the settlements and are scamming us again.
I’ve been struck on how stories on lawsuits etc keep saying the crisis started in ‘08. Am I going crazy since I remember trying to get out of my ‘05 predatory loan in late ‘07 but couldn’t get the loan I asked for since Indy Mac, Wachovia, World Savings etc were made the bad guys and were shut down. At the same time the credit scores required, credit cut off occurred virtually overnight.
As David and I were discussing our minds have a hard time with 100+ years of branding that Chase and others used to trust in them and then we were held hostage by too big to fail.
Also remember, homeowners, brokers and even law firms that played the system are IN JAIL.
The confusion over David’s situation reflects as we talked about how we need to stop acknowledging these loans and banksters that we did not have a contract with if that’s your issue. Then you have the bad faith negotiating where we begged tor them to work with us in the interest of the property and our neighborhoods. As banks at least at some level did in the past.
We may have differences as to how to use this board but we have options and we are at a critical point.
For your information Trevor I live in Florida and yes, I know a great deal about John Boehner. Part of the ‘machine’….yeah, right!!! I work on a 2% commission far less than even Realtors. I don’t get raises or have benefits and my income can NEVER increase under the Dodd Frank Act. After fighting from ’06 to ’12 pro se I finally got an attorney from THIS site. Matthew Weidner and do you know what he told me? That unless you flat out have absolute proof of them committing fraud or absolute violating the rules of procedure in this state, you will NOT win. He’s all for modifications which I feel is just another abuse of their power to get around and covering up the fraud. I would NEVER accept a modification. The corruption I spoke about in the Florida court system still continues today and all these wins of lawsuits has not made one iota of difference with the judges. I will post on this site whenever I please and if you don’t like what I post delete it. And just like LMS53 says ‘bring it on with their scuba gear and goggles’ to map out their ill-gotten homes. @ Angel – I did not bring this on, but when someone wants to berate me you can bet I’m going to retaliate. I’m not one to lie down and I’m certainly not a lamb. This site does and has brought a lot of valuable information. In it’s beginnings it was one of the few sites that you could retrieve solid ground rules for defense. However, duly noted that even the attorneys that used to post on this site don’t do so anymore. Ever wonder why?
I understand frustration,& I get how ALL must stand up for your self’s,my point is/was I ….I get ”hope” from sites like this,this is a nightmare I can’t seem to wake from,its shook ”my foundation”& its un-nessasary to plead our case’s to each other,its NOT each other bringing the misdeeds…& IF said so-called lawyer bailed from this site,maybe he/she hands arent so clean,or conscious attacked…could be MANY reasons,we ALL have been steam-rolled/done wrong & HERE I wasn’t alone:-) I wish all y’all Peace,Love,Resolution:-) 🙂
many of the attorneys posting on this site all knew and profited from the mortgage fraud going on. Now that everything is exploding to the surface, they are out of here.
thank you Angel and God bless us all! Bobbi, you more than anyone else.
yes,after all that Chase has done to me, what better way for them to receive a house they stole than with some goggles and an air tank! it would serve them right. Bring on the raging waters while we continue to fight.
Wow y’all:(:( were all fighting the same demon,& 2turn on one another,Demon wins!!!!!!!!a lot of us NEED this site because of knowledge by others going thru-it…….BOBBI….to question in such a manner results in NEGATIVE,why…its our daily struggle & already EXPLAINED to deaf ears,BANKS/LAWYERS/ETC…..this site brings hope…..KEEP IT THAT WAY:-) 🙂 🙂 🙂
Bobbi…why don’t you stay off this site….the fact that you are part of ‘the machine’…well…it makes me wonder….the ‘gobbely goop’ or noise…actually has info embedded in it….clues…hints… we are at war…we lost our roofs…WE are fighting for you too…but please…take your ‘brokerage’ fees and post somewhere else. . . you are not ‘getting it’ so to speak… Florida…the State that stole the Pres election…. the good/bad news about FL is that w tidal rise….hurricanes etc….I would bet there won’t be a pan handle left in 5-10 years…nature wins everytime. Can you ‘Pan’ Handle that truth…..yeah….I blame Jobn Boner….crybaby traitor…ruined The Party….not the GOP…the other Celebration. But you wouldn’t know anything about that would you…..
Yes Bobbi the courts are corrupt and how well us floridians know this. I watch what my attny does like the back of my hand. If albertelli gets their way. They will steal my home away
Since I am on a rampage I’d like to mention just a few other arenas of fraud being made by so-called everyday people like worker’s comp fraud; unemployment benefits fraud; disability fraud (oh, that’s a biggie); food stamp fraud; medicare fraud just to name a few. It’s all funded by all the other hard-working individuals via taxes. Nobody cared about how that affected pocketbooks! When you talk about mortgage fraud, it’s just one more to add to the list. My own foreclosure was from fraud on the legal side where the note was lost, then found (ha-ha) and suddenly an assignment from a non-person appears. So it happens to even the unsuspecting and knowledgeable in the industry. Most of why we don’t win is due to the corruption of the judicial system and that’s where we need to start. Winning for one is great but it does not solve the problem and the shortage of having enough money to spend to defend ourselves against them outweighs the conclusion. Turning the tables and making our representatives take a stand against our current judicial system along with the ‘wins’ is going to keep this country from falling down the sewer. We have become lazy, lackadaisical and self-centered- lambs led to slaughter. We have so few good attorneys now who are not afraid to stand up. I search for truth on sites that can help; not meaningless goobly-gah. Normally I don’t post on this site unless it is for useful information or to provide some help to another. Unfortunately, this has become more of a social gathering site which must be so disappointing to Redman & Epstein. I don’t have the time nor energy to waste.
@ David – you can object all you like. I’m not in Oregon. I’m in Florida where we are subjected to very intricate licensing requirements. I am a fair and honest broker and my reputation for that is what kept me in this business for all these years.
@ Trevor – Yes, and I’m still in the business BECA– USE I did not take advantage of people nor put them in programs that were predatory or discriminating or that would take them down the ‘yellow brick road’ to nowhere. Let me tell you something, if ever the government puts enough restraints on the brokerage business to the point that it disappears then you ALL better watch out. The big banks (for the most part) are no longer in the brokerage business and most of them have all but closed their doors on that arena. Want to know why? Because it was the banks that got greedy in the brokerage business, came up with all these screwy mortgage programs for easy money and quick turnaround. They knew exactly what they were doing and they didn’t give a damn who got hurt. The only factor that played a part was the enormous greed that consumed them all. Now as the tables turned on them and the Dodd Frank Act went into play, they don’t want to conform to the rules. Exit all brokerage business is now their main purpose and it’s because they would have to obey the rules like the rest of us have all along!!!!! I make a living like everyone else and I work damn hard at it. I started working in the industry at the age of 17. I am a single mother who raised my children alone. I could not afford to send them to college and so they put themselves through college using student loans and grants. Don’t go slamming someone you don’t know or putting a label or blame on an industry that you know nothing about. And as far as the brokers out there that DID promote those programs well, my friend, I can tell you they were more than quite convincing on the disclosures. It would have taken Einstein to be able to read them, understand them and then convey to a customer or home buyer how they worked. As long as the economy was working smoothly they worked fine and that’s where the problem arose. It WAS NOT the mortgage brokers who brought about the financial crisis by any means and I’m really quite tired of those pointing fingers who most of the time are just ignorant of the real facts. Wall Street working in conjunction with the TBTF entities along with the rating companies put this crap on the market for a quick buck. They were rated AA+ under secondary marketing ratings which was a great appeal to mortgage brokerage firms and lenders. Little did they know that the ratings were a scam and so they proceeded to market those products.
In the end, if the brokers disappear you will be held captive to the TBTF with no boundaries and no regulations, no rules. You will have no control and we will become the ultimate communistic state.
In final conclusion, I object to ignorance. Those home buyers who got those goofy programs were just as greedy as well. Getting homes based on fake incomes because they never reported all their income to the IRS or worked under the table or buying a home that they couldn’t afford a year earlier but now they can yet their income stayed the same. Some of this wanton greed goes in all directions. Want to know where truth lies? Read. Read. Read. Never sign your name until you read.
Capitalism without regulations and Regulators is much worse than communism….we are seeing end of one way and the beginning of a New Way. Thank you Bobbi for being one of the honest/good ones…..there were no many. Maybe you can help this board w insider info….about what reallllly went down. Be an expert witness to Floridians…..why???? BECA– USE you know how the engine works….the stuff behind the curtain. . . I am disgusted at the molestation of my Courts…..sham….so yeah….you help 10 Florida survivors….tell them the weakness of the banks….the ones who put a roof over your head….I screamed bloody murder for years…..everyone laughed. Now its not so funny…..yes w a phone I can run the show….call it AI….somehow my prayers are being answered….so Ill keep asking the Angels for help….here and ‘there’…..maybe Bobbi…maybe you know a rich Floridian who has enough fn money….maybe he/she could sponsor a JD A Team…..to help others….victims/survivors. ..I care not what you call ‘us’….thinkaboutit…..breathe….no one hates you….we all deserve a fair game if we are being asked to play….the game is 21….not 22….or 27….or whatever the Banks want to play….you can’t change the rules mid game right???? Thats cheating…and cheaters never prosper (3rd grade lesson).
Chasemdlsettlement.com
Bobbi it’s chasemdlsettlement.com
Thanks!
Bobbi…you asked about David’s sitch, its like this:
Suppose you buy a new car, a modest mid-size..say $33,000 out the door…you take out a loan…drive off….enjoy the car…make your payments…everything is fine….until..
The Dealer (think chase/jp et al….the ‘crooks’) decide they want to steal back the car….bc…well start telling lies….like ‘you bought a Lamborghi w floor mats and a custom sound system….you owe us 3X your Impala payment…..and you made your payments late’…’and we don’t like Veterans’…..
You’re like….’FY….I bought the Impala….there is no Lambo…Ive been making my payments…in full and on time..on the car I bought…So yeah I have a loan with you…I just don’t have THAT loan with you…no one does….its a ghostloan…a figment of the Bank’s disturbed mind….another fn lie!’
Did I get it about right Dave?
Trevor – Since I am a mortgage broker and have been for 44 years I am fully aware of how mortgage programs work. (though I did NOT participate in those wild programs in the early 2000’s). Anyway, the only way a mortgage can change is if he was under one of those programs where the rate changes, the payment changes (variable rate) or one of those pick-a-pay loans that ultimately took a borrower into negative amortization. If he was under one of the pick-a-pay and he only paid the principal-only payment there was a 5-year cap on that and then the mortgage would revert, adding back in the earned interest to the principal balance thereby creating the negative amortization. Otherwise, if he got a ‘vanilla’ type loan (Fannie/Freddie) with a fixed rate nothing can change except escrow payments if they were part of the monthly payment. Chase, WAMU, World Savings were all well known for putting out those programs as well as all the sub-prime lenders that were once out there. So when he says he made all the payments, I just wonder if those payments were actually principal and interest or if he had an actual fixed rate mortgage.
Bobbi…44 yrs as a broker…wow..are you beside yourself this week or what??? I mean the banks…mortgage execs et al. will be falling (are falling…) and the sky is still standing….what gives? $16 million here..in JURY awards..$17 billion there in penalties…criminal complaints filed in every of our 50 Ststes…arrest warrants issued by QE7…what’s QE7 you ask??? The final quantitative easing….the crescendo…to this commedy of errors…like when the tetherball spins to the top of the pole…pauses…stops…then spins the other way. So yeah…I hope you go without investigations….subpoenas. …etc….simply put…I HOPE YOU didn’t contribute to this..our Country’s collapse….I hope your ethics were never compromised…I hope you did not partner w the devil/saturn so to speak…..I am sure you are honest….but 44 years….good grief!
so if I had not been abused by FretLife….American Home Mtg…Chase….and a dozen sleasy RICO companies…call them satan’s little ‘helpers’ along the way for 70+months….since 2006…then I would buy your argument that it was simply just a miscommunication on the ARM and the amortization mischief/creative calculating so to speak….I would say Dave maybe just did not read the fine print….HOWEVER….after talking w Dave….I think it is more along the lines of the Impala/Lambo scenario. I wasn’t trying to insult you or your industry. …but sir….the Mtg whores sold out America…..fracked our FDIC Trust….made us hate our Attorney Generals (idaho…duuuuuuh)….Judges….Prosecutors. ..Police Chiefs…..they whored out everything We the People stand for….glad you got yours….I earned mine the hardest way….then got robbed….twice….raped of my shelter…my home….my peace of mind. Yeah….mortgage brokers…agents (real estate and otherwise)….they got into a feeding frenzy, a gang rape mentality…now they (and other untouchables) are being attacked….so that our once Great Nation…our ‘rome’ has a last chance to avoid collapse…..and yes….ets are behind the scenes. …and like Tide tells us…it all shall come out in the wash…..(insert 8 more quarters for another cycle). I type this from my moving van….my new home….and no…you don’t need an mba to rent a van….you do need credit to buy a house….fk FretLife and Judge Bieter….they knew better because I told them…..in person.
Watch how the CIA crumbles next month w the US Senate’s 6,300 torture report….watch also how global ‘big hitters’ begin to battle the NY ‘fraud’ Giants….David and others have led them…the guilty ones straight off the edge….call it the Justice Buffalo Jump….the counterbalance…the Shift…..it does not take much to pop a huge Trump style ego…just a sharp pin will do….PoP!
I cheer the New Age….I cheer thr cleanse….arrest Steve Kandarian and DB Diamon….if I were your Pharoah for a year …even for a month….I would build a pyramid and invite all the 99rs from NY to CA to come watch the heads roll (or bounce) down the steps….and into a basket. So that it never happens again….ethics matter Son. 777
I object to Bobbi comment the state of oregon banned my mortgage broker
for life for writing predatory loan to disabled veterans like me
and lying to a me about the loan terms like balloon payments
And hidden undisclosed loan interest charges in non complianc
With TILA and Respa laws
He by law will never write a predatory loan again to a
disabled veteran
Regards
david
HA! After making my ‘PoP! goes the weasel comment about The Donald (how’s my hair…all four strands) Trump….I open the paper to AP article…Google Vera Coking….you Go Girl….awesome. She fought on principle till she was 86…♡ it.
Well almost chase charged me ten grand for a loan mod
then tried to foreclose then wrote a new loan without me applying
for it and then tried to foreclose then started extorting me
to pay double and triple mortgage payments for the same month
And now chase whistleblower employees have sent me docs
showing they have stolen about 100000 grand of my mortgage
payments to pay for their 42 billion in legal bills
regards
david
Hi Tricia
No to nwts not yet
Chase cant seem to figure out how to foreclose on me wince i
Never applied for this loan and Ive never missed payment
I have to keep paying until i get a judge order to stop paying
As to stafne trumbull they refuse to help a disabled vet by the us vet
Administration who doesnt have a lot of money for
Never ending medical bills
Regards
David Franklin
Im currently being extorted by chase to pay my mortgage
Payment for same month and year two and three times,
So far they have allegedly extorted me for over 100000
Dollars
Regards
David – I can’t figure why, if you never applied for a mortgage, why are you making payments? You mentioned that you have never missed a payment….and by all counts by making payments you established that you owe a debt. Am I missing something here?
David, if you didn’t take the loan out have you considered the fact you were a victim of identity theft? I would think that Chase would have to have papers with your signature on it for the loan. I am so sorry that this is happening to you. We also tried contacting Stanfe Trumble about help but never heard back from them. However some of the information coming out of their cases is pretty helpful. I have gone and stood in front of one of our local Chases a couple of times with signs protesting all this stuff, but one person sometimes doesn’t make an impact. I get people honking and waving in support but not much else yet. I would have been out there more this week but it is to dang hot here.
More DOJ lawsuits against the big banks coming. Read today on cnbc website. Just have to keep the faith. I know we all have our individual battles to fight us everything else we have to deal with on a daily basis. Praying for us all. All the theft they have done will come back to them and hopefully in time where we all can see some justice enough that will put our weary minds to rest
a little tip on another scam
uscourts.gov
THIRD BRANCH NEWS
uscourts.gov | court locator | news
Public Alert: New Juror Scam Seeks Personal Data
Juror Scam
A new juror scam email, which fraudulently seeks personal information that could aid identity theft, has been reported in at least 14 federal court districts.
According to the Administrative Office of the U.S. Courts, citizens received emails claiming they had been selected for jury service and demanding that they return a form with such information as Social Security and driver’s license numbers, date of birth, cell phone number, and mother’s maiden name.
According to the email, anyone who failed to provide the information would be ordered to court to explain their failure, and could face fines and jail time. The email also falsely claimed that it was affiliated with eJuror, an online registration program used in about 80 U.S. court districts
my answer to chase when I disputed their response to my uscfpb complaint
chase sends me these worthless responses either written by personnel who don’t know what they are talking about or by their attorneys in toilet paper white envelopes from gahanna ohio where chase oH4 is located.
addressing issue should mean that it is resolved to the satisfaction of the client or customer not chase’s version that they put some words on a piece of a paper while they steal my mortgage payments to pay their attorney fees . that is almost $ 100,000 so far and counting. this mortgage is one I never applied for and there are no loan docs for which chase originated without my permission. and I can prove it. I have talked to other chase victims . it is all the same story . harassment, extortion, grand larceny forgery of documents and continued false information from chase employees who are ordered to perpetrate this continued fraud. we will see all of them in court along with mr kevin watters and mr zsarro of the default management group. this crew at chase is the largest allegedly ongoing criminal operation on the planet. and that includes their corrupt attorneys that have milked this bank for over $ 40 billion in attorneys fees. this whole operation is driven by the quadrillion dollar derivate hedge bets on the mortgage servicing rights. chase just got nailed in the chavez vs. jpmorgan chase for fraud like being perpetrated to me for chase attorneys alleging they owned the mortgage but they do n ot and chase and their attorneys lied to the judge and the jury . and their arrogance in the yuba ca case cost them big and then another case cost chase $ 15 million for defrauding the homeowner. chase has crossed the line and so have their attorneys into the realm of criminal misconduct and their day is coming . the criminal case against chase is sitting in the U.S. attorney’s office in Sacramento, ca. being suppressed from going forward and their over 25 public organizations that filed a petition with us atty eric holder in reference to the $13.5 billion dollar judgment.
this response is worthless just like all the envelopes chase sent me from oh 4 with a fake phony return address on it and all chase execs do is hide behind their attorneys and employees issuing un signed by any chase exec documents. chase attorneys are so dumb they cant even coordinate with chase whistleblower employees who have sent me documents refuting everything written by chase attorneys in these uscfp complaints. when I attend the next jpm chase stockholders meeting i am going to propose to clean up this fraud and racketeering mortgage organization and fire all of their attorneys and stick to them with no payment for giving in adequate counsel to run a criminal mortgage organization to defraud and extort me and the American public
david franklin
David, I am just curious, I think you are in Washington State. My question is are you also dealing with Northwest Trustee Services? And have you seen some of Scott Stafne’s cases out of the Seattle area against NWTS and Chase. He has also been fighting some of the other Big Banks.
Yup, the cash is flowing all over the place except to those harmed.
Interesting, just had article on this case sent directly to me on BofA Hustle exec, no source Google to verify
“Bank of America has been ordered to pay $1.27 billion for ‘Hustle’ fraud.
A federal judge on Wednesday ordered Bank of America Corp (BAC.N) to pay a $1.27 billion penalty for fraud over shoddy mortgages sold by the former Countrywide Financial Corp.”
“Rakoff also ordered former mid-level Countrywide executive Rebecca Mairone, who was also found liable and was the only individual charged, to pay $1 million, citing her “leading role” in the fraud and calling some of her testimony “implausible.””
“The case centered on a Countrywide lending program that ended around May 2008, and which was known as “High Speed Swim Lane,” “HSSL” or “Hustle.”
Investigators said the program emphasized quantity over quality, rewarding employees for producing more loans and eliminating checkpoints designed to ensure the loans’ quality.”
“Bank of America has said no penalty was justified, and spokesman Lawrence Grayson said the $1.27 billion award “simply bears no relation to a limited Countrywide program that lasted several months.” An appeal is possible, he said.”
“According to her LinkedIn page, Mairone, who now uses her maiden name Rebecca Steele, recently started her own firm after working at Bank of America and then JPMorgan Chase & Co (JPM.N). The government had sought $1.2 million from her.
“Rebecca never intended to defraud anyone and never did defraud anyone,” her lawyer Marc Mukasey said. “Unfortunately, more powerful people chose her as a scapegoat because they thought she was an easy target. We will fight on to clear her name.”
U.S. Attorney Preet Bharara in New York said the verdict and penalties show that mortgage fraud “cannot be viewed as simply another cost of doing business in the financial world.””
Hey David. How do u make a motion to get chase to live up to this settlement. I already made a complaint to CFPB. Thks.
Cant give u legal advice consult your attorney
Or go to http://www.saveourhomes.com
Or google how to file federal court motions
I am not an attorney
Good advice David. Thanks I plan on writing judge this weekend. I have not come this far to have my home stole from underneath me.
It should be in the form of a motion instead of letter and filed
Electronically in fed court electronic court filing system with
Correct case no
That way u get a time stamp and receipt that will stand up
In court
Letters go to trash
Copy to settlement administrator amd your attorney
Is this a good thing hammertime?
If about title bill it seems to be a too big to fail/Wall St approach that for the good of the economy you can’t have people questioning title. In the past it was 20 yr period to challenge and they want it cut to 1 yr and something in between. So depends if you’re a broker, buyer or had your home stolen or you side with banks, Wall St that we need to keep that stock market and poor buyers are the victims. Or something like that. 😉
LMS thanks for the good wishes. I have been up 20 hours a day the last few days hydrating her with an eyedropper but the most important thing her breathing is normal. I have only one more thought about my pressing issue and then i ll only watch the site . Obama healthcare is getting started and if he paid some attention to these loonies who use electronic harrassment micro wave guns , electric magnetic pulses, etc. he would srop many medical crisis under homeland security cause these nuts are a terriorist to anyone with a pacemaker or electrical problems in their body.
that bill is being pushed by all the attotneysr that profited from this fraudulent foreclosure mess and to protect the title companies who will have a lot of payback money.
Here’s something related to the title issue. Decisions being made tomorrow (31st) for MA people it looks like the double talk is pretty amazing.
Almost fell off my chair on this:
“Vetstein and Plymouth attorney Richard Serkey said banks have stopped the improper paperwork that led to the Ibanez decision so homeowners have already had years to attempt to regain their homes. Vetstein said those who have already begun legal action to regain title would not be affected by the bill.”
http://www.lowellsun.com/breakingnews/ci_26235895/multiple-interests-at-stake-mass-title-clearing-bill
I am also going to send a letter to judge stearin David. I am taking your advice. I did try to call the clerk but they did not call me back. I spent all last weekend writing letters to the consumer protection agency so this weekend I will write a formal letter to the judge which will take the entire weekend to compose so I don’t sound like some desperAte kook I have always been trying for a modification and the bank has breached twice and lost paperwork, etc. we all know the excuses they have used for denying us. I would like to set a precedent In fla. My ex attny is also threatening me and I stood up to her. She threatened to “call the authorities”. And I’m not sure who or what she means. She took a 1500 down payment and 500.00 methyl payments and did absolutely nothing. I am putting her on the witness list Because she has my file and it has some damaging evidence against chase and she refuses to give it to me because she is claiming I owe her more money. I am sure they were working along with chases attnys because I showed up to my hearing and I had no representation and when I ask the banks attny why my attny was a no show, I was told that both sides had agreed that they did not have to be there. I had no defense
Working on sending more complaints and writing judge stearn this weekend. Already filed new complaint with consumer financial pb last weekend. Thks too hammertime
Thanks DDave. I hope the attny I have is thinking along those lines too. Right now it looks like he is trying to put together some kind of witness list and do discovery. But the only witnesses so far are the banks attnys and me and I will have slot to say if my attny does not say it. The bank put me on hold while this class action was being heard and then when chase lost, all of a sudden my foreclosure gets revved up and the judge signed off on the date for trial and she is not the same judge. I don’t see how she can set a trial date without having their facts from both sides. It is so rigged and obviously not in favor of the homeowner
Look im not an attorney and this is not legal advice
Go to wwwmdlsettlement.com and printout judge stearns order
Order and give it to your attorney and get him to file with atate court
Judge for a trial date postponement indefinitely since
Judge stearns order says he has taken jurisdiction over your case,if she
Does not submit sue her in federal court at your local federal court house
I did that myself against monroe county state judge in monroe county
In miama federal district court
Now i am totally disabled veteran so i can do it
And you can do it as well
But this is not legal advice
As caveat emptor says lawyers sell out clients every day
Allegedly
Regards
David
David – the posting for the website you mentioned wwwmdlsettlement does not exist. Can you re-post the site again? When I google Judge Stearns a whole page of cases pop up so not sure which one you are referring to here. Thanks.
If they don’t know of the latest judicial precedents, you might make a motion for a short 30 day recess so that your opponents and your judge (don’t insult the judge, he has clerks that help him keep informed minute by minute) can familiarize themselves with Ocwen, Chase, Bank of America, etc. possibly confer with your state Attorney General who signed these recent judgments so everyone could have the same clarity of purpose, then reconvene with a better understanding after everyone had had a chance to read and absorb the judgments 🙂
Hammertime what do uean we have until the end of the year with these settlements? I am very concerned. The banks attorneys have set a trial date and the judge signed it. Obviously the judge does not know about the chasemdlsettlement. If the bank forecloses before I get modified. I’m out and the bank knows that too so that is why they are pushing the foreclosure.
The federal judge in boston has jurisdiction
Over your mod and foreclosure ban
Under the mdl settlement not the state judge
contact judge robert a. stearns thru the mdl settlement
Administrator in rhode island
Regards
David
My understanding is you can make complaints to AG, CFPB etc over violations of the standards and improvement of process, mitigate harm done that was the purpose of the National Mortgage Settlement. So not just matter of the $300 payment people got last year. I would look at whether their foreclosure is valid, once again and question everything according to the settlements which is your homeowner bill of rights – dual tracking, single point of contact, valid transaction, chain of title etc. They are getting credits and are trying to get a clean slate. Not at home so review what you can. My complaints to CFPB regarding settlements, HBOR have helped me to stop sales without a lawyer and resulted in evidence. I also copy local officials etc as we’ve talked about.
Good luck and don’t let him bully u and ur dog
I.m rereading your comment the sadistic one is not my landlord only a downstairs tenant . We have some nice people Sandy victims all people stuck with putting a roof over their head. Very few are not transient I’m here much longer than i planned. The tides are turning.
I think he is on s.s. on i don’t think that can be taken away and shouldn.t be taken away from anyone if they earned it in a working lifetime. I think even in a judgment thay cant touch s.s. I’m not sure .I am not a lawyer. I am an artist, a far cry from what i work on now.
In NY rentals are very tight. I plan to get mine back. it takes fight, documentation and patience.
In NY it is not refundable. I think in California it is. The leases are adhesion leases take or leave it in the landlords favor. and they want the tenants dumb.
I understand Marilyn, but that should just be security deposit and refundable when u leave. but just like all this creative financing that caused the financial meltdown, I am sure they are wording leases in a way that the tenant will lose. you can do better and fight on.
This REIT is a garden complex, one of many wall streeters own and like a lot of REITS take dogs for a fee of $500. per dog. They go out of their way to make you leave so they can get the next tenant with a $500 fee.
So fight on hard.
same in my neighborhood. The reits that bought up the single family homes and rentd them to a bunch of thugs. I certainly would not refer to them as neighbors because there is nothing neighborly about them. these investors do not care, they just care about the income stream and your landlord, is probably employed because he knows somebody
LMS I forgot to mention the guy in the office is a much better quality felon then the sadistic one downstairs.
Agree hammertime. Have to somehow turn the foreclosure into a criminal matter which it has always been. In my case breach of ontract and the latest class action to back it up should be sufficient. Plus I have all the payments I made and all correspondence qualifying and offering a modification. This is criminal and the fact that they slammed me in foreclosure was just a distraction to hide their criminal activity.
Trevor- want to thank you again for giving me the info to reach the Homeland Security site.
If one hears or sees something, one has to say something and to me zapping a neighbor
with micro wave or electronic magnetic pulses is sick behavior , how sick this person is i would think Homeland Security What would be concerned with what lurks behind his facade of a loner
and sadistic person who does such things. It could be more than me and my dog I’m trying to save. .
Marilyn. Just stay clear of that creep. He obviously played on your desperation to find shelter for you and dog. I have not had to rent so I don’t kno what a landlord will ask to qualify a person. I would just change your acct numbers or bank. Pay them with a cashiers ck or money order so the creep will no longer have your acct info. Should not matter how their paid as long as it cashes. And when possible start looking for a place where you and your dog will feel safe
LMS53 I did all those things. When I started to see all the things that go on in the REIT i did all those things. I always gave them bank checks when I discovered the leasing agent deposits all the checks with his smart phone and the banks can Imagitell whose acct it comes out of but not where it is getting deposited to. I ran the leasing agents name thru the internet and found out he has two felonies and later found out it was for credit card fraud
I tried to leave but they have me on an illegal black list and could not find a place with my dog. I am tired with the foreclosures and I definitely was not looking for these issues.But someone broke into my apartment while i was busy at a library with the foreclosure and stole all my old bank statements, all the tissue duplicates of the bank checks, everything with numbers, i and the bank stopped it before they used it but it sure sounds like an identity theft issue. Why would a REIT hire a felon with credit card fraud to take everyone who applies for an apartment their social security number, all financial info not mentioning names this is one of the big REITS
Another interesting link from comments:
“When asked why homeowners even with lawyers keep losing their homes, Bradford gave a haunting reason: “Most supposed ‘foreclosure defense’ attorney are giving the homeowner false hope when in reality their only strategy is making refuted arguments and filing useless pleadings to drag out the inevitable foreclosure. Moreover, these legal charlatans charge their hapless victims tens of thousands for the privilege of losing their home. Unfortunately, legal incompetence is one of the major reasons so many homeowners have lost their homes.” http://www.veteranstoday.com/2012/03/21/mortgage-fraud-examiners-warns/
Some industry pundits muse over whether foreclosure defense lawyers commit legal malpractice by failing to examine the mortgage transaction. Bradford explained the issue: “Bar ethics counsel has made clear that attorneys commit malpractice by failing to examine contracts when there is an allegation of breach. A foreclosure is basically an allegation the homeowner has breached the contract by their failure to make timely payments. The servicer sends a notice of default and accelerates the loan pursuant to contract. Doesn’t it make sense for the foreclosure victim’s attorney to examine the contract and related documents to determine whether the lender breached first, there are any errors that may void it, and/or fraudulently induced the homeowner into the contract? Common sense dictates that attorneys should be checking whether the mortgage is even enforceable before tackling a foreclosure.”
http://finance.yahoo.com/news/homeowners-receiving-multimillion-dollar-awards-155900638.html
Excellent articulation of what I was trying to say earlier, from Garfield/Yuba post:
“elexquisitor, on July 23, 2014 at 2:38 pm said:
United Law Center in Roseville, CA, has had a number of successes in settlements, mostly for loan mods. and the laws have shifted quickly over the nexus of contract law and real estate law. The actions of PHH were egregious and left a lot of evidence behind. Apparently the judge allowed discovery and the homeowner had something to work with. And the jury is likely sending a message to the courts as well as the banksters that they don’t appreciate the clouded titles left behind as a result of CA case law rulings.
I wonder if we are seeing the first judges who see the writing on the wall, just as my case was filed with the CA Supreme Court. And the first judge has already given the borrower the home, so the onus of that ‘honor’ now falls on the Kalicki court. Hopefully that is all it will take to keep the judges from tipping the playing field against the homeowners.
BTW, the count for publication of Kalicki is 18 – 0 as of this morning; all non-party.”
http://livinglies.wordpress.com/2014/07/23/yuba-ca-jury-awards-15-million-in-punitive-damages/
Look at the Yuba case that hammertime posted. This guy had a jury trial and won big
Philip Linza was the PLAINTIFF in this case and he took the case to criminal court; not the same as PHH suing for foreclosure in civil court. He sued them for criminal activity and that would result in a jury trial. Oranges and apples!
Yes, another of the misdirects that judicial is good, non-judicial bad. What good is judicial if judges are corp minded to put it nicely. Goes back to what we were warning folks when this modification settlement was being pushed. Still didn’t fix title etc. What Garfield has said repeatedly and cases that have lost have shown repeatedly you can’t claim fraud if you’re acknowledging and negotiating for a mod or acknowledge debt in the foreclosure and don’t have specific facts. You’re dead before you get out of the chute, if that makes sense. (time out – just my understanding, not legal advice) That’s where I haven’t budged with JP MORGAN Chase for 4/5 years. Now, have they committed fraud on top of fraud by not honoring settlement, and the mods in the first place? Just like they haven’t honored nat’l mortg settlement I wouldn’t be surprised and neither should anyone else. The Kalicki case is 2/3 years old! If I don’t know who has authority betw Chase Bank, JP Morgan Chase, Chase Manhattan, BofA, New Century, WaMu IN MY CHAIN OF TITLE, why would I accept a mod that they are trying to shove down my throat which has a bogus requirement to boot? And they said they were forgiving $500,000, NOT a misprint. I hear the golden gate bridge is for sale. On top of actual fraud the Yuba case jury nailed them on their arrogance so keep documenting and making complaints.
We should be entitled to counter Sue and ask for damages. Former attny counter sued and in their counter claims demanded a jury trial and for attnys fees and I am hoping the attny I have now will raise those claims again. They were dismissed without prejudice. Meaning they can be raised again, but now that a trial date has been set, I fear it could be too late to raise them
I would look at Kalicki case. There Chase, not a small? mortgage co like in Yuba, was caught claiming a WaMu loan was theirs and they were found to commit fraud with false documents. Again though you have to look at the facts of your own case but now they can’t say it’s our wacked out imagination.
florida is one of the most corrupt states. at least CA has a bill of rights for homeowners. I am going to inform my attny that I am not waiving any of my rights and see what he says. MSN just name florida 10 of the 10most corrupt states and I believe it.
Bill of Rights or not we have to keep questioning until we end this. The lawyers, agencies, non-profits in CA are not enforcing them per my experience but I still have them to stand up to them. You and anyone with a Chase, Wells Fargo and other loans in the settlements also has them at least until the end of this year. We have to push to demand they be upheld. Go to the file sharing site and you can download the settlement or go to the national mortgage settlement page.
yes it is probably one of the many deterrents they will try and distract us with
I have an attny. How do I inform him that I am not waiving any of my rights. He is not responding to me and today I wrote to him to ask him about his strategy and ask him how we can turn this foreclosure case around to what it should be, a civil case for breach of contract against chase. I am very concerned because they set a trial date and it’s says a non jury trial. I have never waived my right one way or the other. I have been pro se up until they sent a notice of setting non jury trial which they never informed me of a date. How can the banks attorney just send a notice like that. They do not make the decision that it is non jury
Hopefully a fellow Floridian can answer, have you tried jurisdictionary? not endorsing but seems like these are the types of questions it’s good for
https://www.jurisdictionary.com/bluepage/?CFID=7416202&CFTOKEN=87927272
LMS & everyone else here questioning jury trials: Read your mortgage. Fannie/Freddie mortgages as well as most others, have a caveat in there that states that you ‘waive your right to a jury trial’ so the minute you signed that mortgage, you already waived your rights. No foreclosure (at least in the state of Florida) has a jury trial – those are only warranted for criminal cases. You really think the biggest insurer and investor of mortgages throughout the USA isn’t going to cover their arses? These Fannie/Freddie forms were revised throughout history and more recently just BEFORE the financial crisis hit. Think they didn’t know what was going to happen? Gangsters, all of them! Not just Wall Street and the big TBTF banks but the Federal Reserve and Fannie/Freddie. And they took your tax money via the TARP funds and still screwed you! Get off the kick for jury trials….ain’t gonna happen!!!!!!!!
All court rules provide for jury, unless both parties waive that right. You are the party that does not waive that right. A jury is required for precedent setting argument, and lack of a jury is grounds for appeal and reversal. If you waive the jury, you are unable to appeal on that point. Without a precedent setting argument, an advisory jury is empaneled on request of either party. The judge can still make a judgment, but you can appeal if advisory jury does not agree with judgment. Your judge is corrupt. It is readily apparent with a statistical analysis of his judgments. The best info on juries is in Blackstone’s Commentaries, amazon.com, 2800pp. or on bettermarkets.com. The legislature has written some unclear legislation in Dodd-Frank, and the enforcement arm of government is obviously uninterested. Our only hope for redress is judicial. If the judges are corrupted, you need a jury. Get one. Juries are not bound by precedent. They represent the interest of the community. They are allowed a great latitude in considering effective redress and punitive actions.
Great info. This is along the lines I’m thinking and how the Homeowner Bill of Rights in CA requires us to think out here. Not legal advice but the law is set up so you can’t sue for damages unless a sale has gone forward. At least not the damages associated with the new parts of the law. The settlement post, monitor response also shows the distinction between civil damages and personal actions.
thanks Trevor, before you gave me the connection i pressed in Homeland Security – and nothing came up- how many ways should one have to GOOGLE HOMELAND SECURITY THAT THE COMPUTER RECOGNIZES WHAT YOU WANT?. waiting for return of my stolen proper I am becoming toast (burned) by a microwave gun LIKE CHRISTINE says.
for what its worth someone else said it. I heard it thru the grapevine
It’s what’s called a wedge issue, it’s just taken a bizarre turn this time around. What scares all the elites in both parties is if we focus on our foreclosure nightmares and make them all account for all the trillions Wall St and their allies in govt took away from US. If you put a fraction of the trillions into our neighborhoods, our businesses and in our hemisphere would 50,000 people somehow have snuck up on us? Doesn’t make sense just like the fuzzy math of how we bad homeowners destroyed the economy and somehow lost our values from the good ol’ days.
they are going to train them to fight us. why are so many coming here. they are the next gangs to further destroy the USA.
Paranoia will destroy ya
Hammertime, be very careful about using the word ‘paranoia’ on this site……you’ll get lamb blasted! Paranoia???? Are you kidding…there’s no such thing as that here…LOL “They” are here, “They” are watching, “They” are here to destroy us, “They” are responsible for this and that. Who is ‘they’? Sounds more like that Geico commercial on TV…or the Orsen Wells radio broadcast (War of the Worlds) that everyone thought was REAL in 1938. Well….stupid as as stupid does.
I think LMS has real questions and you have given great information from your experience. I hit the wall a couple of months ago and wondered if up was up. That’s why I hoped that people would post their docs in some form so we know that we’re working with real people and real information. Some people are also under great duress and it spills out on screen which is the greatest crime of the abuse of these lenders and elites in both parties and in all branches of the govt. But I think we are at a critical juncture and people need to step it up and focus on what’s important. We need to put aside our personal, cultural, political and any other baggage aside if we have a chance to make things right for our country and not just ourselves.
Dave took some quick action on the settlement post and actually got a quick response. Some in interesting info that we can review. Here’s the link to the response. Will need to register/login to download. Can review comments.
http://teamup.intelspace.biz/dolph/m/files/view/MortgSettlmentResp
How do you know if you are waiving your right to a jury trial. the local county court isso corrupt. they are going for summary judgement. I had to get attorney, but don’t trust himher. not returning phone calls and needs to turn this around from a foreclosure to breach of contract
I ended up living in a REIT with my dog and have a whacko felon living below me with electronic guns, ADS aqctive denial system and electric magnetic pulse and he keeps zapping me and my dog and we are both getting tortured and sick.
Then call the police and file a report!!!!!! Homeland Security is not going to help you with a nut-case neighbor.
they’re a scam. Go to PBGC first. To get to a jury, merely don’t waive your right to be judged administratively. For new law, a jury is a reasonable request. For administrative law, due to the obvious corruption of the judicial branch, an advisory jury is a reasonable request. Address your plea, and all your documents to a future jury of your approval.
Good Luck with getting any jury anywhere!! If jury’s heard and saw the fraudulent foreclosure practices we are alleging, this hell would be stopped! No Jury’s are ever used in these unlawful procedures!!
Hi Angel, sorry I don’t know about them, could be just a site looking for money. I think I got something too but ignored it. don’t pay any money.
How do we get this to a jury? that’s what we need in florida. that’s why that case was a win for him
A jury of peers that hasn’t drank the kool aid and a judge that cares for his/her country and justice.
Hello yall:-) i’m still battling chase,my Question is,The Home Defense Network,,,are they friend…..or Fo????ANY INFO ABOUT THEM will help us determine speaking with them,THANK U,in advance,Angel
If that pic isn’t Rick Fox formerly of the Los Angeles Lakers try him out. Have you ever put details of your situation on here? Give them a try but don’t sign anything and let us know what they say. Usually they’ll discourage you from taking legal action and push you to short sale or mod so depends on what your goal is and if you want to risk bad title.
http://www.thehdn.org/homeowner-defense-network/meet-brett-robbins/
Angel….I responded just now to Ms. Lane. You may need to scroll through ‘older posts’…in short..if its the 619 area code Co….they passed my test….vetted.
Everyone needs to know what these banks have done to people who have in good faith tried to pay these banks. Chase breached contract with me and 1000s of others and then they slam the poor homeowner in foreclosure and try to make the homeowner look like the deadbeat when in reality they are the deadbeat. I will go to the fbi in Miami, but will they listen.
look up federal bureau of investigation in your neighborhood and walk in. Open 24 hours/day, you can be named or act as a confidential informant.
why do you want to reach homeland security. How can they help us. They are too busy taking care of all those refugees
Yup let’s be a scared of women and children…just in time for next elections.
how can one reach homeland security
Chase, settlement complaints? Have at it here
http://dsnews.com/news/07-22-2014/jpmorgan-begins-offer-homeowner-relief?utm_source=DS+Weekly&utm_campaign=b417b7caf1-DS_Weekly&utm_medium=email&utm_term=0_cc3ebd2b74-b417b7caf1-175422189
how can one reach homeland security?
https://www.dhs.gov/contact-us
Everything alright in shadyville Ms. Lane?
Trevor…do u have any feed back about an email I keep receiving,The home defense network..searching for victims of mortgage servicer abuse…are they an Ali or another scam?
Ms. Lane….here is my report on the San Diego based Co…as you may know there is/was a co using the same name. …they were reported and are likely being shut down….or have already. The 619 area code IS a friend….I just spoke w the owner/principal and was convinced….they are a Service Provider and have a pulse on the trends…even the new ones *wink. He said a debt consulting guhru once investigated 700 firms in 14 years….he said the researcher told him that he was one of only a few trusted….I believed him…so if you’re looking to report a scam….the SD co is not the ‘bad’ guy…if you’re looking for options….I would call….what harm could it do. We had ‘the talk’…..pause….12 minutes worth…..maybe he will cut you a 4closurefraud discount?….No…I am not a paid actor….I just help and upset people on the internet when my Cricket phone/computer is paid and on and working…..im passed due and should have no svrc tonight so perhaps you were supposed to read this….. that’s all folks!
Angel…you by now realize that the HDN opinion was for you….Ms. Lane should know that ‘they’ in San Diego have direct (read: strong ties to the legal community. …those who now ‘get it’…ties now being anchored in truth (real judgments/awards) v. fiction. I think a CA based firm would be ideal…the big ones know the score and have advance knowledge of the color wheel spin from red to purple..being a tidal community they also understand the concept of tidal waves/shifts….sometimes it just works out….sometimes you either change or die…or like the vatos of east l.a. would say ‘get eeeen…ride or die homey?’…. by this I mean simply that the times are changing at lightspeed…lawfirms will either change/ride (support the underdogs) or they will die (become We the People fodder/chum)….the magic numbers tonight are 180….as in real estate lawyers/firms nationwide are spilling their starbucks and throwin’ her in reverse….turning 180 degrees…on a dime (with Flame still burning)….6s —> 7s…then 7$$$$…
Hi David f. Glad to hear chase stopped harassing you. That is illegal anyway, but that is illegal as a “debt collector”. Did u c hammer times post about The case of modification Fraud. We just need to hang in. I sent complaint to Chase about them not honoring the latest clas action that Chase lost. As in thAt case that hammertime posted, Yuba or something similar case, WE the people have had enough of these banks crap. The guy won 16 million with a jury trial. Some how these case need to be in front of jury’s to be decided and then the banks would stop their lies and deceit
I am trying to channel the ‘collective chatter’ on the Fairways today:
‘Jesus Tom…you sure are playing a lousy front nine, everything alright w Christie….the kids..rates are low…refis are high…what gives?’
‘We’re being investigated by the Feds…foreclosure files…DoJ sent the letter last week.’
“Heeeey Tom…..how ’bout we do that back nine…..uh……some other time…huh? Yeah listen I gotta go…we’ll see ya…great hittin’ whitey w ya…hi to the kids….uh…don’t sweat the small potatoes, eh….uh……well look….who’s NOT being investigated these days…..uh…I’m sure it’s nothing….I mean…fk I don’t know what I mean…….Valet!!!! the silver Mercedes there….w the plates ‘MERS666’….YES of course I know there’s a second half…….ah just get the car would ya Son….on the pronto…hurry boy hurry!!!’ (In best Caddyshack Judge Snells voice/persona). The Joker says something on the subject if I recall…. ‘oh they’ll turn on you…..on a dime they’ll turn on you…’
Good luck with doj
They are in fed court in dc over chase 13.5 billion settllement
And congressman issa from CA IS ON THEIR ASS TOO ABOUT CHASE
AND US DOJ IS BEING SUED IN SAME COURT ABOUT CHASE
SETTLEMENT WHICH IS A JOKE SINCE CONGRESS GAVE CHASR
90 BILLION FRR OF TARP TAXPAYER MONEY WHICH CHASE
GETS TO WRITE OF ENTIRE SETTLEMENT AMOUNT LFROM THEIR
INCOME TAX
REGARDS
DAVID FRANKLIN
PLS SHARE IF YOU WISH ABOUT DOJ LETTER
CHASE HAS STOPPED HARASSING ME AND MY ATTORNEY
SINCE I FILED CHARGES WITH USCFPB CONCERNING CHASE
EXTORTION OF ME AND GRAND LARCENY AND THEFT OF
MY ESCROW FUNDS AND MORTGAGR PAYMENTS AND MORE
2 thumbs up!
yes we do love Trev’s post because as we all know the truth will always, ALWAYS PREVAIL
LOVE Trevor’s posts!
ahhshucks…..’zilla takes bow…stop chewing Kandarian’s flagpole for a wink and smile…delivers a tribute to Lou Gherig:
‘today……yyyyy…
I ammmm..mmmm. the luckiest dinaaaSour
Walkinggggg the face of the planet….echo echo…I am being….g
Driven….from my quasi-home of boise…e… more echo…..by bullies…under the colors….rrrrs
Of false Authority……retribution by Gov Otter and his cronies not crownies…
1♡….give the peopleeeee what they want…and Justice for all….RooooAR…exposes teeth..big1s.
the sunnnnn also rises….there is always a bigger dragon….(smoke + fire out of nostrils)….tucks head and wings….turns red..m…returns to duty…flys over a few blocks… checks on Jamie choking on cancer treatments on a Friday night. Karma is earned….circular…and well…..tides shift. HRM hates to be embarrassed. ….as The Dragon Family has sealed…..watch the fireworks from a safe distance. ….. wait until the hancuffs come out…. Good Friday to all….777
Here’s video to Yuba case if not on other links
http://www.news10.net/story/news/local/auburn-grass-valley/2014/07/19/mortgage-modification-fraud-housing-trial/12876749/
Here’s something right up Trev’s alley!
“Did the Other Shoe Just Drop? Big Banks Hit with Monster $250 Billion Lawsuit in Housing Crisis
Posted on July 16, 2014 by Ellen Brown
For years, homeowners have been battling Wall Street in an attempt to recover some portion of their massive losses from the housing Ponzi scheme. But progress has been slow, as they have been outgunned and out-spent by the banking titans.
In June, however, the banks may have met their match, as some equally powerful titans strode onto the stage. Investors led by BlackRock, the world’s largest asset manager, and PIMCO, the world’s largest bond-fund manager, have sued some of the world’s largest banks for breach of fiduciary duty as trustees of their investment funds. The investors are seeking damages for losses surpassing $250 billion. That is the equivalent of one million homeowners with $250,000 in damages suing at one time.”
Read more at http://www.maxkeiser.com/2014/07/did-the-other-shoe-just-drop-big-banks-hit-with-monster-250-billion-lawsuit-in-housing-crisis/#YbU5MTFLAsfgxhEy.99
THANK U,TREV:-) & I 100% agree,I know I’m getting the run around,but I’m OPEN to all info to propel me on ”right path”i will use your info & thank u so very much for responding:-)
Angel. ..after this weeks puni awards…hey $16 million is not so small…they will be coming out of the woodwork….the lawyers….the + 1s and the – 1s…. blood attracts sharks and Orcas…you need the latter. My point is this….you will likely not find a KY Mortg Def Atty per se….you may need to convince a strong….courageous. ..progressive Firm or indiv….that you now need results…action…you need a professional to cut against the grain so to speak…..you may need a RICO shotcaller/atty….you may find one who used to prosecute white collar crime…..be open to all possibilities. ….copy your Atty General…even Red states are turning purple…the smart money that is….you think QE would tolerate fraud w her holdings??? Banking fraud is bipartisan. …handcuffs and financial settlements don’t care about your political affiliations…a hole in the bucket hurts everyone….again…be open to finding a 20 something…freshly minted JD…with integrity…w a desire for truth….justice…and the (new) American Way…you need fearless representation. …ask the Dean of Univ of Kentucky Law Scool for a couple names….recently barred….w integrity <—— key. In the MLB…Mike Trout went from rookie…to rookie of the year…to MVP….$100k to $100,000,000 in a few seasons…you need a Mike (or Michelle) Trout.
Hope these esoteric words at least make you think….good luck in your search. Keep us posted. Hitchin posted….Trev.
Goodmornin:-) I’m in DIRE NEED of knowledge!!!!!Who is the BEST mortgage defense lawyer in ky?I have a lawyer that is sitting on my case,2years now,he hasn’t challenged anything,filed no motions,,stringing me along I need to END this nightmare:-) Thank U in advance 🙂
It doesn’t have to be in ky,just able to practice/defend me in ky,I missed NO PYMTS,Never requested loan mod,I’m dealing with Bank induced default from forced placed ins
Hi Bobbi yes it’s called first look where no investors can bid and any realtor has access to these listings through MLS. Realtor .com also list Fannie maes on their website. I have bid on a couple during first look and it is very shady. Closed bidding. Definitely not what most of us would refer to as arms length transaction. Thks
Where can I read about Yuba case. The banksters continue on with their illegal acts and manipulation. They are packaging rental payments as securities now same as they did with mtgs. They r out to steal as many homes as they can. As long as these big banks can re invent the wheel to make money. They do not care whose lives they ruin. Watch what is happening out there once the homes are taken over by Fannie or Freddie.
Here’s Garfield’s take and link http://livinglies.wordpress.com/2014/07/23/yuba-ca-jury-awards-15-million-in-punitive-damages/
Another direct hit here if you don’t have it, Kalicki/Chase
http://stopforeclosurefraud.com/2014/07/02/jan-kalicki-v-jpmorgan-chase-bank-california-court-order-re-jp-morgan-chase-executed-and-recorded-false-documentation-purporting-to-transfer-ownership-and-that-a-chase-executive-created-a-fraudule/
yuba is almost a cookie cutter of my complaint against PHH. I expect also to go before a jury sometime soon. http://www.phhmortgagemustbedestroyed.weebly.com
oh no you did_unt…….
Rust Consulting…..IFR. . .was neither independent nor was a Review ever conducted. It was Act II of the MetLife + 12 Banks Chinese Fire Drill….we waited YEARS for justice…..years…most recvd $500…..but they fn lead us to believe we would get a ‘review’ and that it would be ‘independent’….afterall…it was a consent decree from TX based Dept of Comptroller….The Eagle….We the People….the survivors of Snoopy’s fraud…we waited for Justice….it never came…’the calls were coming from inside of the house’ so to speak….remember….Boise’s Mayor Dave Bieter has a brother….the Judge in my case….he dialed in and awarded it to FretLife on a Summary Judgment. …..now…back to the Chinese Fire Drill……as Rust Con.slut.ing was whoring themselves to the Feds….but only acting as a ‘payer service provider’….the real cons were the Big Four Consulting firms …..paid to review and ‘bucket’ the abuses…..think circus act gone v v wrong….remember. …we are waiting for checks….trying to fn eat….trying to NOT live on the streets…..we won Justice…..but in the end…many of us felt insulted by the miniscule payments…and the wanton and reckless process. …Rust..Mr. Potter…C-uh-oh….should be arrested….for fraud. Dont get me started on Rust Consluting…..cuff and stuff them all….start w Kandarian and Diamon ….. traitors to the American Dream.
Yeah they watch us….but we watch them….1♡. Never give up…never ever…ever said trevor!!!
777
Hey Boehner’s suing the President. Let’s class action them both along with Bush, Dimon, Murillo, Foreclosure Phil, Gheitner…etc etc…we’d never win but would be an awesome complaint
Ok uh duh me, just never recognized abbreviated, yes and if there had been independent foreclosure reviews, more people would still be in their homes and of course this would have exposed the banks illegal activities like the latest settlement with Chase where they breached implied and expressly.
The problem is we treat it like ancient history like the media does. Sen Warren even threw us a bone telling the banks they needed to provide information on unlawful acts if people went to court. Wonder how many people have brought that up.
I think those monitoring us think some of us know too much and and the bad guys attack those bloggers.
Completely agree and I will let everyone in on this. When Fannie Mae list the properties that they stole from the old homeowner a lot of these transactions are not “arms length”. It’s supposed to be a period where investors cannot bid and the bidding is only open to someone that must agree to live in the home for at least a year, but this does not always happen. I watched a realtor purposely not advertise a property during the buyer period and now it is open to investors. The RE listing agent has some connection with banks to get the listing from Fannie or Freddie but they are definitely not selling these properties at arms length. Very very shady dealings in florida
Where did get your information on the selling of Fannie Mae properties? Fannie only uses their website: http://www.homepath.com to sell properties. When there is a sale of one of their REO’s they convey using a Special Warranty Deed that specifies that the purchaser cannot SELL the property for a year. Fannie has always opened all of their REO’s to owner occupants and investors. They have several different means by which they sell their properties so I would suggest reading their site (above). ALL properties are submitted via this site and not direct to a Realtor. Never heard of this ‘buyer period’ but they do have a ‘first look’ period where Fannie will pay a portion of the buyer’s closing costs when the property first comes on line.
Hi hammertime. This class action was more about breach of contract and damaging our credit and stringing us along and chase continues to do it. They basically lost and had to pay but also we r supposed to get new mods and they r supposed to do away with fees and hopefully the back interest. The National mtg settlement addressed the dual tracking. I got 500 , big deal. In Ca. This settlement should be recognized. This state was one of the main players. Florida. Not so much and there was only one family and they settled before and basically opted out. I am not sure how I came to be part of it. I know I made a lot of complaints after the first breach and the lawsuit is for plaintiffs seeking loan mods prior to 2010. That’s how long I have been fighting chase banksters
Hi Lms, the NMS really addresses alot more than dual tracking but media, lawyers, politicians only focus on one or two things like dual tracking and single point of contact and we ourselves repeat it. The payoff by the IFR was only one component that remember was corrupted by Chase only giving files with less than 1 pct problems while HUD had found like 99.9% problems or something outrageous like that. If that settlement worked for people fine but you may give up other grounds such as broken chain of title or fraud like the Yuba case. Then my understanding is that Chase and other banks are manipulating servicing to get foreclosures going which David has focused on as an issue there in your case. It seem they want to foreclose and that way not have to abide by the settlement? Even if they won’t listen since they have blinders on we need to keep challenging what’s going on. Beyond that if you guys shared your information you could have a good perspective on what’s going on. If we all put the effort we could show the manipulation is many forms and ongoing and we’re not just whining or deadbeats etc. That Yuba case and Garfield’s comment says it all but no magic bullet or formula; we gotta focus on the facts not just lash out. Hope I’m not lashing out! lol
That’s what I think is happening in the local court. I think the banks attnys r paying off defendants attnys and if u have one. You have to watch every move they make to make sure they r acting in your best interest. That is why I am hoping the chase settlement can link to the local court because that class action lawsuit explains every dirty trick and illegal, unethical and fraudulent thing they have done to try and steal my home and it will be exposed
Marilyn you do what you have to do. The world is filled with trickery and deceit. These times we r in r wicked and we have to survive the best we know how.
Bobby, you misinterpreted what I said about judgment reversal. It wasn’t my case that was reversed it was the bank I am fighting-their case against the government that was reversed.
And it is the bthat bank that is hacking my computer my home phone and cell phone. But I still have no doubt we are monitored. .
Without a doubt we r monitored. In the beginning I had no problem. And then after this became a pretty much daily site for me, problems began. I don’t have the slow or skipped typing any other place
Bobbi. Which settlement are I referring to? Yes the national mtg settlement has not benefitted anyone. It really has been a slap in the face for the homeowner. I am in fl and the chasemdlsettlement was a federal case and I am using it in the courts locally to cease my foreclosure action. Federal court decision should trump the local court.
That’s funny just as I was answering you the site slowed down and crashed. Just paid my internet too! Local govt and those who were hurt less or not at all ad got their mods benefited. It’s not the settlements though if you look at language except if Bobbi has some specifics. In CA they are saying since the language said agencies could give aid to homeowners OR go to non-profits or possibly just other government etc then it was ok to ignore homeowners by law. That’s where CA Brown is getting sued. The other thing is the agencies, lawyers, judges think it’s only about dual tracking when it’s alot more and gives people homeowner bill of rights even if state doesn’t for the banks, states included. I would still include or make complaints. The other deception banks are using is that since they paid in IFR then that’s it. We can still make complaints through this year and they need to comply. The real slap in the face was the IFR. We should be asking for investigation on both or challenge them somehow.
What is the IFR hammertime?
Independent Foreclosure Review, the Rust consulting fiasco
Bobbi doesn’t see what i see. If one attacks someone foreclosed on with identity fraud or credit card fraud our energy get divided and we give up. Not me I’m a fighter I’ll go the credit card and identity fraud alone. So I won’t bother you Bobbi with what I am seeing. fighying the bank is enough sorry
Thx Tricia
Yes hammertime. This website is a daily reading for me. I wonder where Tom has gone. We all know how much daily life struggles are and on top of it all we have to further struggle to keep our home It’s good that we all let each other know what Is going on with our individual foreclosure issues. I felt like the chasemdlsettlement would help my situation out until chases attnys tried to speed up my foreclosure so they can null and void me from the settlement benefits. We all know here that these banks tears have many very dirty tricks up their white collar shirts and they should be charged as career criminals because there r no signs of them stopping their illegal actions mainly theft to steal homes
it’s called sun setting precedence. … jury likely made up of 99ers…you know…folks like us. . . honest…god loving Americans…tired of the fraud. Great News and thank you for sharing…..angelic. For all the $h talking I do…nice to see the chips falling…thousand(s) more juries/victories to go…like dominoes. Timber!
I want to follow up on your ideas and get into some of my own to tip this sucker over!
Banks, politicians, hypocrites
CAN YOU HEAR ME NOW?
And like clockwork!
http://www.sacbee.com/2014/07/18/6566661/yuba-jury-awards-16-million-in.html
Unbelievable
“Yuba CA Jury Awards $15 Million in Punitive Damages
by Neil Garfield
So let’s say you are thinking that those deadbeat borrowers are just trying to get out of debts they owe. And to spice things up the borrowers say it is the bank who screwed everything up, not me. And you laugh at their pathetic attempt to save face when all they do is spend money doing nothing at all to consider whether they will have enough money to pay their mortgage payment to whoever is demanding it — because why would they demand the payment when nobody else is unless they were the creditor and how badly can a bank really screw things up?
Oops, that borrower just got $15 Million in punitive damages for their $500,000 claim against PHH. So what are they now? deadbeats that are rich and don’t need to worry about mortgage payments?…”
As an example I’m all over this stuff every day, when I’m not battling Chase and every other attack on me, but I had missed the Kalicki case where Chase was caught committing outright fraud on a WaMu loan almost 2 years ago but Dave sent me the link which I had missed or he helped reinforce it. Either I forgot about this case as the only reason it came up was the loss of over $200,000 in attorney fees Chase appealed. Along with all the other lies the mainstream and our officials can’t ignore this and say we’re internet crazies.
Almost missed the main point. I’m using this case along with more of Chase’s own “mistakes” with my local officials. Chase’s NPV chart had my property with a $10 value keeping in mind they made me a $500k forgiveness bogus offer. Although they say it doesn’t mean anything it appears to have gotten attention from people. Then there’s the lawsuit of City of LA against Chase while I live day to day with $15k in rent the City should have released since December. Then there’s the CIty’s lawyer….will be a chapter in Trev’s book but I’m working on my own novel. Eric, Kamala, Jerry where are you? Will be working on some good hashtags.
This site still serves a great purpose and it needs to be a combination of fact finding, information sharing and social media or we’ll all be on an island. What value will it be for those of us that have been able to defend ourselves to “win”? On the other hand talking abuse without taking action is like a victim codependency. Not aimed at anyone. There are still possibilities as Trev, David, Tom and others have put forward but we need to be able to back up what we say. If people won’t participate on a group effort scan in your docs, remove names and put them on a free web site and link to them and we can back up any complaints. Otherwise there could be bank trolls just muddying the waters with little effort.
Hammertime, I agree wholeheartedly and yet at the same time the laws of foreclosure vary from state to state where there are gaps in federal laws the state laws supercede. One post does not serve the mass on this site. The foreclosure laws here in Florida are so extremely different, let’s say, than in Georgia. Many laws have been passed within each state authority with regards to foreclosure prevention and process that it’s nearly impossible to know what is going on where. It only muddies up the water when the site strays off on personal issues that have no bearing. Has not anybody noticed the amount of posts by the owner(s) of this site? It’s just become too much of a ‘social’ site for TMI that has nothing to do with facts or ways to help with battling foreclosure defense. When I have to scroll through 20 posts to find one of importance it is a real shame. That is not what Michael Redman & Lisa Epstein wanted when they put this together. So now, I rarely put a post up or comment too much anymore. I am a fighter so when someone ruffles my feathers I am going to speak my piece.
I see what you’re saying but it’s kind of a chicken/egg situation. A message board has it’s limitations. On the other hand the foreclosure process has been so corrupted whether judicial or non-judicial etc the human element is necessary along with the nuts and bolts. The key is to be effective. My hope was to have the file sharing site compliment this board while it could also be expanded. Last 2 months have been non stop though. With a full content management system (CMS) people can have private conversations, vent, and we could decide what gets out there as a group and manage membership. The simple postings I was suggesting can be searched by key words. I’ll try to revive but may need to work on some ideas along the lines of what Trev, David, Tom have been saying. It may have been difficult to get going because I did want to make sure people can document what they’re saying. May not get a million members but it would be tight. We have about 5 or 10 extreme cases on here, possibly from Chase alone, if we can verify them.
In the end the laws and settlements are being manipulated so as to make no sense. These cases are cracks in the facade. On the other hand, individually we learn by what we all are going through even if not “legally” applicable but hopefully we build the group identity we need to push things along if we believe in our democracy that’s under attack. The simple act of questioning a bank with 100 yrs of rep and their shiny commercials was prob a break through for many and hopefully we band of merry men/women are representing who knows how many that are reading this.
Hammertime – Understand about the chicken/egg ideology. In my fight against Chase as well the settlement did me no good at all as it hinged on so many ‘ifs’ and ‘buts’ that my case did not fit. I’ve written the OCC Treasury for a FOIA request relating to the formation and merger of Chase as I believe it was not properly approved by the appropriate depts of the government regulators. That letter was sent On May 19th, with a confirmation from them on June 2nd. I have yet to receive the requested information. I wrote again and now they say I should receive it within 24 hours – yea, we’ll see. If that information is of any use for anyone else questioning this area I will be more than happy to share it. You would be able to see my point in the request from the original letter I sent to the OCC. If my point is made it would mean that the Application to merge Chase Home Finance Inc. and Chase Home Finance LLC, both of Iselin, New Jersey, into JPMorgan Chase Bank, N.A., Columbus, Ohio would not be legal. For them to foreclose under that name would make it null and void. Chase has since sold my loan in foreclosure to PennyMac but stupid is as stupid does and they never re-filed; only added PennyMac. In essence, the ball is still in my court and this has been going on since 2006. If anyone out there recognizes the name John Cox with Chase (in any capacity) I would certainly welcome the information. This is the person who signed the assignment but there is no notary and no other identification. I am trying to prove that he does not exist. I wish I had more to offer others out there, but for now it is only help from the standpoint that giving up is letting go of our rights!
That’s really interesting.David is digging as to the Bear Stearns part and I’m looking at the WaMu irregularities that may be worse than the Kalicki case. I have some documentation that could be of interest as well. I don’t want Szymoniak or other whistleblower pros to take advantage of our situation if we’re on to something. You can contact me through here http://teamupsignup.weebly.com/
You have prob described your issues before but it’s only now crystallizing with these recent cases and the results I’ve gotten and talking to David. Unless we make it a rights issue they’ll twist things and get away with it and pay off the lawyers, investors, whistleblowers and the handful of homeowners that can afford to go through the complete, court battle.
To the extent we have though we’re seeing changes esp from when they were locking out veterans and seniors. Although still happening in “kinder, gentler” way most likely.
Bobbi
your mixing up apples and oranges. What goes on at this REIT has nothing to do with Foreclosure.
i looked on the internet for a rental that takes pets. Looked okay to me. I had no idea the leasing agent who was a very pleasant gentlemen was a two time felon for credit card fraud. After I discovered that I changed my bank cards and always paid my rent with certified bank checks. I was safe and secure till someone came into my apt without breaking any locks and stole all my bank statements. dept store statements, tissue duplicates of the bank checks bank etc. I immediately notified everyone. all numbers, and the bank told me that is a sign of getting ready for identity theft i have no money in my account what would they use it for . identity theft and credit card theft are a fast growing crime. and there is a nexus between the rental the leasing agent here. and hia felonies. one has to be a dodo not to pay attention.
Again, under most leases the landlord has the power of entry into a leased space. If you feel that you are being robbed of your personal belongings such as the bank statements, etc. why don’t you scan them and put them on a memory stick or open a safe deposit box at a bank and keep them there? Technology today we don’t need paper anymore and it’s really not safe to keep them at your home. If you do put that information on a memory stick just make sure that you make it password protected. Put it in a locked metal box. If they break the box then you have fingerprints….all you have to do is be more pro-active. I’m done.
go Marilyn, I am in process of doing something very similar. there are still a lot of honest people out there that want to see justice.
Bobbi
I cannot imagine why you would think these sites are monitored by both the good guys and the bad guys.
I know as a fact that my computer, my house phone and cell phone are hacked and in my case my writings to the Federal Court, bringing attention to a banks fraud made a winning judgment for the bank be reversed and they lost a big number and i guess they feel anything it cost them to go after me is worth it.
Well Marilyn all I can say is that if you indeed got a case reversed I would think you would post all the particulars on how you did that for others to be able to use, if possible. I would also imagine that if you are using your ‘real’ name it is quite easy for anyone out there to google it and find all the posts you have made. That only makes it easier for whomever you feel is hacking you if you leave little breadcrumbs for them to follow.
You have to really read that is true. When they tried to give me a lousy modification with an added 100k on the deferment portion of the loan and there was also a rental clause that if I decided to rent out my home at some point that it would null and void the modification and I would have to immediately turn over the lease and any payments to chase. They could stick it where the sun don’t shine. They are legally bullying us. Since when does any conventional mortgage had terms in it that you can’t rent your home only that you have to maintain it. I told you they are trying to squeeze out the homeowner. They r bullying us out of our homes. THIEVES there is no other way to describe them
bobbi
Its not paranoia its paying careful attention.
This REIT has a carefully worded and manipulated 23 pages lease which included their rights for the third party billing of utilities of heat, trash, hot water, sewer and some other things and if you object to anything in this adhesion lease you don’t get the apt.
I already went to court wirh this REIT and they were forced to offer me a lease.
I noticed on the last page of the lease it stated if I failed to Fulfill any terms the leasing agent had a right to place a lien against me. and if I insisted get your name out of their I wouldn’t have had a lease.
Before you state anyone is paranoid you have to know all the facts. ny does not have licenses for a leasing agents but should
lets hope the tides are turning. david franklin, I made complaint to consumer protection re: chasemdlsettlement and how chase basically lost and are speeding up the foreclosure process on my house so they will not have to honor the settlement terms. got a call from the chase exec office early this morning. there has really been nothing said about this settlement. Chase is trying to sweep under the rug and the beneficiaries of this class action lawsuit, they are trying to ramp up foreclosure because in the settlement terms, it states that if they foreclose(summary judgement) on you prior to invitation letter being sent out or they transfer the servicing of your loan, you will no longer be a plaintiff to the settlement
Write the judge robert a stearns at us federal district court in
Boston ma give case no tell him u r in settlement anchasr is foreclosing anyway
Ask him to take jurisdiction and order foreclosure stopped
Give hom your loan number chase rep name and address and phone nimber and chase
Attorney name and court address and case no where case is being heard
Ask for enforcement of his order by us marshall service on tje judge
I am not an attorney get proper legal advice
Regards
David
This Country has changed so drastically it is almost unbelievable that it happened BUT THE TIDES ARE TURNING and somethings can never be undone like loss of life and
intentional illness BUT they will get theirs. some are getting it back already or they wouldn’t be such miserable characters. they need more more more cause they are so empty.
TREVOR i feel for you and your doggies
my dog only eats organic homecooked food spring water etc. what do you mean by METLIFE RAPE? was that insurance they wouldn”t pay?
‘MetLife Rape’….they coordinated 7 yrs of misery…perjured themselves…violated my trust in American banks…Attorney Generals…broke trust between myself and the Mayor…had Boise Police nearly taser me…and lord knows what else would have happened…RICO activity. …stripped of my Property….my Rights…my credit…my dignity…yeah raped. American Home Mortgage did it too…they stole my second home….the one I had paid tens yrs on….gang rape. We will prevail….as of today….the cosmos shifted 100% in our favor…think of it like the point after the hill climb….at the zenith….pause….notice gravity…ahhhhhh…the shift…. look how UCLA arrested two of its own this week…for me this is an indication of a pivot point….redemption is on orders….ours. hope that clarifies…..the Courts will be owned by those left standing…..avatars are at work…to counterbalance the fraud…..watch the NYT….2014….2015…2016.- 2020…..judged…c-uh-ohs…banksters….local attornies w red ink on their hands…..all going to get their clocks cleaned….big time. Enjoy!
Correction….’Judges’…Bank Execs…..local huckleberries. …these untouchables are now getting ‘touched’….. also….fyi….my Ithaca Rose Kennedy. …♡s beef hearts….raw….cooked…either or. $1.99/lb…full of nutrients. …ask your butcher….loads if protein and iron…..2x as much as dry food….10X better for her….Woof!!!
It is MK Ultra and Gang Stalking…you need to leave that vortex….I lost two gorgeous service labradors…(my kids)…to the MetLife rape….take care of that dog…then move!!! You have a resource now…I am sorry for your pains and yes I believe you….the mountains are your best bet….for the dog too….only spring water. It is the great spiritual battle being played out….star wars. Red meets blue….purple….or black. Our choice…
Marilyn I hope your dog gets well soon. If u feel in fear of ur life. U should leave that place. Find a room in a home or get a roommate. Plenty out there. The landlord is a bully. All of us don’t need any more aggravation than we have and the world is full of desperate people who will wreak any kind of havoc on a person directly or indirectly as we have seen. Trevor. I hate to read that u spent that money and lost in the end. My house has been sitting with no upkeep done to it. If I lose my home, the bank can have it with the termites and the other work it needs. Also I would like to sue the city for the mosquito cesspool (unfinished pool) I have been living next to for the past 4 years
I just brought my dog home from the hospital yesterday so i;m busy for the moment but she is improving . Doctors don’r always understand what can causes illness but they did a wonderful saving her. and some of my thought are hard for them to believe.
its like seeing an old woman with a cane walking down the street and someone intentionally trips her but saying she’s old, she would fallen anyway.
and yes…”I could ab’use’ one of them”…from this…the Batphone. Bite back…you have a dog in this fight…a very mean dog…..a dragondog…a ‘zilla waking up….send me your ‘shorts’…hemingway style….Published as ‘Jumper Cables’…..each page contributed is a %…..send me 10 pages….I put it together…..make sales….end order fulfillment…reserve for taxes….pay staff….send YOU your cut…you 10% of a 100 page book…. September 1, 2014 launch…. send me your copy….ill send you a check when it sells…. 300,000 journals…..$7.00 a journal……$2.1 mil…. x .10 = $210,000. . . less taxes…..you go Buy w cash a better condo. . . flip the tables….if not now….when?
Bill Black is so right. The more you look the more you see.
Aside from the financial riboffs, there is a sadistic nature to the people who joined
the bad guys of this massive fraud. I see it in the nature of the attorneys, and the judges who made this happen to our country.
I am again seeing it in the people running my REIT, from the leasing agent who has two felonies for credit card fraud and how he is the one who takes everyones social security numbers and all the renters financial information .
I see it in the tenant they put in below me that has a very sadistic nature, IT IS THE TENANTS SADISTIC NATURE THAT MADE ME NOTICE and start checking his background
It is the same sadistic nature I saw in Christine that made me notice her. It is one thing to fight back against your enemy but entirely different to get pleasure in hurting and joyous in ruining another persons life. Look back into the players that have interfered in your life
And you can separate those with a survivalist nature and those with absolute meanness. I hope to get my properties back if these two the leasing agent and the tenant downstairs don’t kill me and my little dog before. Now that all my financial info and social security have been stolen they have accomplished the first part of their plan and that is to steal my property I have fought so long and hard for.
When I came to this REIT I was very much into the fight and would say to everyone I will get my properties back. And my mistake was saying it to the leasing agent cause when I said it to the leasing agent he said “I could use one of them” and his attitude since then was to get a lien against me .
Ms. Lane:
Sadly I know exactly what you mean…the sadistic ‘you meant to rob me and steal from me….and hurt me attitude…’ I saw years of it here in Boise….its like finding yourself watching a preview for a Lions Gate movie…you know…one where the town goes cuckoo and one person is sane and fighting alone….only to find ‘the calls are coming from inside the house’….one of those. I have it here too….and so that you don’t feel too special/isolated….here are my first 7 ‘shorts’….all true…no lies…They do enough of that for us both:
1. Vice President Tony Francis used to yell at me on his speakerphone. ..mwith a sandwich in his fat mouth….chewing his food ‘Treeevah…..why should you get a ‘sweatheart deal’….why should you get a second chance……’ Fat Pig….11 months we played cat and mouse….while waking up to the horror…(see above)…that in ’91 my soul was taken….arms n kegs too…so Shirt Story 1 is Tony Francis formerly of First Horizon….then MetLife Home Loans….now Greentree Financial in Houston. I have ‘000s of minutes of recording s of our 50-75 phone calls….He was the one who offered me a loan mod on my primary…..down from 7.5% to 7.0%…after 11 months of b.s…..the Same Tony Francis who then got canned from MetLife and cost his colleagues their jobs….all 4,300 of ’em….THAT Tony Francis…..I am going to edit the calls….print and distribute the text…..in the journal-sized hardback…..yeah…that kind of evil….Story One: The Dastardly Tony Francis…..the day I learned to FretLife.
2. Then some hormonally imbalanced C Rate chic w a huge ass….from Realty Royale enters the picture….im in a neck brace at the time…..she brings some thug with her to threaten to break my neck …… she’s going to sell my house out from underneath me….for the bank….after her hitman tries his best (he did not know ‘some things’….wink).
So Story #2…..I will call it Realty Royale w Cheese and Crackers…..(they were both white trash)…..not to be confused with a beaten royal…..there was blood in the water….mine. Fas the fwd….yes….she was reported to the Real Estate Commission. ….no I am hardly done w cleaning up THAT hot ‘royale’ mess…..no I did not shoot the thug….but like Forrest in ‘Lawless’…..when he meets the ‘Nance’…..I wanted to…..
3. Keep in mind I spent $50,000 of my Roth IRA…life savings….to save that house….it had been abused…..I spent 3 years ….3 winters freezing in that house…..no heat….0-40 degree winter days…..rebuilding…..doing the right thing….staying to rebuild….w splaid arms….legs….no vision…..no breath……new walls….electrical….new hardwood floors…..5 x 14 ft beams….new roof….new tresses. ……I was proud to say we made it……we saved her….then they stole it……again….FretLife did not know who they were robbing……I kept saying…..’Tony..you will regret this……I do not lose fights…..you will regret this in time….you are robbing someone you do not want to…..’…..he kept fn laughing….’Treeevah…..why should you get a deal…..?’ More to follow……the message: buy a gun Ms. Lane…you’re not alone in the war…..ww iii…..and you would appear to be in a lousy/dangerous living sitch….kinda like me in boise…..living next to two rental units where both tenants are in prison…..drug house behind me….City Owned AA House…..a pill poppers paradise…..Mayor Bieter wont do a fn thing about it…..which is reason number #21 why City will be sued….why OIG in DC was contacted….why Boise City has been exposed…..for the corruption. Dave’s brother Christopher was the Judge in my case w FretLife…..he dialed in 20 min l8….awarded it to the bank…..THAT audio will be in my (our???) Series as well……pure fn entertainment/horror.
Chin up….if you are threatened. ..call me 1.208.703.9525. You might say I have familia everywhere. …in your hood too. Usually a kind intro is all that is needed….a ‘buenos noches’…if you want to call it that. Have hope….I know its hard….we / you have help now. 777
Marilyn – how do you propose that the leasing agent could steal your property? Having your personal financial information will not garner them any kind of lien against you. Only your landlord (REIT) has the power to place a lien against you for non-payment of rent, destruction of property, incarceration, or skip. Even if there was a lien against you that does not transfer to a real property. As of July 2013 in the state of Florida all leasing agents have to hold a real estate license. That would require a background & criminal record check and license issued by the Florida Department of Business and Professional Regulation (DPR). If you honestly think he has this record you should report it to the DPR if you live in Florida. If you don’t’ live in Florida I would suggest you check with your State Attorneys office for clarification. Certainly parenoia will not help the matter to try to guess the basis for someone’s actions.
Bobbi
.
Its not paranoia its paying careful attention.
This REIT has a carefully worded and manipulated 23 pages lease which included their rights for the third party billing of utilities of heat, trash, hot water, sewer and some other things and if you object to anything in this adhesion lease you don’t get the apt.
Furfill any terms the leasing agent had a right to place a lien against me. and
I already went to court wirh this REIT and they were forced to offer me a lease.
I noticed on the last page of the lease it stated if I failed to Fulfill any terms the leasing agent had a right to place a lien against me. and if I insisted get your name out of their I wouldn’t have had a lease.
Before you state anyone is paranoid you have to know all the facts. ny does not have licenses for a leasing agents but should.
Any lease has the provision added that if you don’t pay they can take you to court and get a judgment/lien against you. That is commonplace as well as taking all your personal financial information when you apply for an apartment whether it’s with a REIT or not. The paranoia I am referring to is throughout this site. There are hundreds of sites just like this one on reporting foreclosure fraud and the like. I highly doubt that every respondent on these sites are being ‘monitored’ and their personal computers being hacked – that is just beyond all comprehension as they don’t have the manpower to do that. In fact, most of the time when there are problems with computers it has nothing to do with the government, but more to do with protecting your own personal computer from viruses. Viruses and PUPs can actually block you from communicating with the internet, slow down your computer and destroy it from the inside out. Even OES systems like windows XP does not have any support any more so makes it more vunerable. It’s like anything else, technology moves forward and if you don’t move with it you will suffer the consequences. Even windows Vista will be eliminated within the next year as well. I used to see posts from several different attorneys on this site and none lately. Ever wonder why? Instead of trading useful and vital information it has become a ‘social’ networking site very similar to Facebook – useless information. I’m pretty sure that Tom and Lisa never intended it to go down this road and I feel bad for them as they put a lot of time, effort and money into this site when they started it. That’s my 2-cents!
I guess my only response to what I am seeing going on here is, when did this go from being about foreclosure to REIT violations; after all it is called “4closurefraud”….as for people’s paranoia, I am with you…I have been kicking the banks butts for a while now and if they are “spying” on these sites, who the hell cares when you have the truth on your side…Love your comments Bobbi…keep up your good work.
Another CFPB option:
“How do I reach the CFPB Ombudsman?
Email: CFPBOmbudsman@cfpb.gov
Phone: 1-855-830-7880
TTY: 202-435-9835
Fax: 202-435-7888
Who is the CFPB Ombudsman?
Wendy Kamenshine is the CFPB Ombudsman and she and her team look forward to assisting you.”
http://www.consumerfinance.gov/ombudsman/
thanks hammer
sent the ombudswoman my letter complaining about my complaints like others being put in the trash by their personnel as those complaints are about chase.
Dear USCFPB Ombudswoman Ms. Wendy Kamenshine:
I am writing to file this complaint with you. I and my attorneys have written to Ms. Petraeus and Mr. Cordray
about all my mortgage problems with chase servicing of it and new loan origination without my permission.
I have or my attorneys have filed separate from website filing at uscfpb.gov website many many complaints about jp morgan chase as have many of thousands of others.
I am a permanent and total by the U.S.V.A 100 disabled veteran with individual Unemployability. Some of my complaints were never processed because someone in your agency either designates them as duplicates or just sends them to the Federal Trade Commission. From which there is never any response whatsoever.
In one instance, four of those duplicate complaints per my phone call to your uscfpb call center on the letter I received and or email, was handled by resurrecting those duplicate complaints into a combined new complaint that was accepted for processing and transmittal to JP Morgan Chase. In a short period of time, that was reversed and the complaints were never processed and subsequently they were sent to the Federal Trade Commission graveyard for burial.
Now this is happening again. and I have been getting reports from other chase victims that their complaints are not being processed either by the uscfpb or erased all together. I do not believe that in my case or in the other case previously mentioned, that this is the proper procedure to handle complaints and I ask that you and Mr. Cordray and Ms. Petraeus and the new Deputy Director see that this is stopped immediately
Also, it appears that many of my complaints have not been published or listed in the complaint database or included in the reports to Congress.
I also find that objectionable as well.
although it is a great idea per Mr. Cordray to publish verbatim actual complaint as proposed, that assumes they are not put in the trash as many of them are allegedly being trashed right now.
regards
David F. Black
360 772 5617
blackvan@Hotmail. com user id on uscfpb.gov website
matter regarding chase.
PLease see to it that all duplicate complaints and allcomplaints sent to FTC are resurrected processed and case numbers assigned and sent to chase. the last four complaints filed two were designated as duplicate for case numbers allegedly filed in the past but they are not even in the database under my name or user id in online database of my complaints.
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my new uscfpb complaint. they are asking now about mortgage discrimination as in predatory lending which sub prime mortgages are in violation of the 49 usc 24 cfr Title VIII Fair Housing Act
Describe what happened so we can understand the issue…
JPMorgan Chase, N.A. of which I am a stockholder and mortgage holder is stonewalling and refusing my U.S. Federal Law ie RESPA Qualified Written Request for information pursuant to my mortgage loan.
those RESPA requests include
1. a printout of all mortgage statements for two different loan numbers starting with 0020927364 and 1024616526 both first trust mortgages. the 102 loan is a loan that I never applied for. the missing mortgage statements are from june through sept 2008
april 2011 through feb 2012 and dec 2012 and jan 2013. there is also a second trust loan missing statements from june 2008 through October 2008 all of which chase has told the Washington AG office in Olympia WA to get lost and refuses to produce these m ortgage statements to me and my attorney mr rick potter. they have refused his requests as well. these statements are required by federal RESPA law for an ARM loan.
2. my RESpA request has also included demand for all loan docs for the loan starting with 102 since I never applied for it nor approved it. I have no loan docs forthis loan which I never applied for or approved of. I request assistance from uscfpb to get them.
3. I have no official RESPA required official notice of this loan I never applied for from chase.
4. I have requested per federal RESPA law for all low level accounting data for my loan and all memorandums correspondence chase lawyer bills for this new loan in their mortgage servicing platform
5. per federal RESPA law I have a legal right to know what mortgage trust this loan starting with 102 is deposited into and the MERS number and the name of the investor of these loans. emc chase gave me all this info for the old loan number starting with 0020927364 but now chase is stonewalling and denying my request for this info on the new loan number which they are required to five me per my valid QWR RESPA request for that information. chase claims they own this loan but the investors for a second time via the New York AG Eric Schneiderman is suing chase emc bear stearns trusts for continuing to defraud them as chase allegedly is doing with me.
6. Chase refuses to conform to the original promissory note which requires my loan to amortize to zero staring may 1, 2013 with part of my payment going towards the loan balance. they refuse to do that and gouge me for interest only which they nowhave programmed into their computer allegedly to be interest only until 2037 with a balloon payment of $ 313,000 due in 2037. I never signed up for a loan like this and this new loan was originated by chase in april 2011 under camouflage of a loan transfer with higher interest rates and loan terms that violates title 12 of us federal banking law and did so to millions of bear stearns loans and others in violation of federal law allegedly with no notice to homeowners like me.
chase also denied me my hamp I loan modification after initially approving me through my mortgage counselor kevin gillnetter and carlos Garcia at community housing resource center in Vancouver wa a hud approved non profit mortgage counselor.
so now I am paying on a mortgage I never applied for that was originated by chase and all my mortgage payments and escrow funds are allegedly being stolen by chase personnel while this new loan is in loss mitigation. with no mortgage statements and fraudulently prepared escrow accounting.
the original loan was conceived in fraud by emc chase underwriters lying to me about the predatory nature of the loan package of first and second mortgages in a five year option arm 80 / 20 loan that has undisclosed interest charges pursuant to TILA law mandating that those charges be revealed. those charges add up to 3 percent interest rate to the loan over its thirty year life .
Which part of the mortgage process is your issue related to?
Desired resolution [Edit]
What do you think would be a fair resolution to your issue?
full restitution of me and refund of all mortgage payments since may 2007 and voiding of this new loan since I never applied for it and have mr watters ceo of chase mortgage banking direct mr rob malloy of chase bank here in Vancouver wa to show up at meetings with me and my accountant/ lawyer team which he did not do in april, 2014 after firing Kelly mathers v.p.of chase bank who did talk to my attorney and accountant.
we are definitely being monitored, either of my post from yesterday did not show up. We are smarter than they think. I still have a few tricks up my sleeve.
I understand that not allowing you to post syndrome. I have hackers on my computer, cell and house phone. Sometimes i can get aroundit by going to a library.
Trevor.Thank you this skill came to me by necessity after seventeen years of fighting against against a bridge conspiracy of revolving crooks.What i have learnt is when you keep quiet the crooks don’t attack you BUT in their fight back against us they bring themselves out of the woodwork and you get to see who your unknown enemys are.My tip to everyone is press in to the computer every phrase , every name that shows up in your case and you get help in fighting your enemy including judges, bankers and attorneys .
I like your idea and that book to us could be like the foreclosure book written by the banks except for a much better cause.
my lastest uscfpb complaint to their ombudsman in d.c.
FW: Your submission, [Case number: 140720-000016]
david f black
7:28 PM
To: CFPBOmbudsman@cfpb.gov, NYSAG EMAIL FOR INTRANET
Cc: Rick Potter
blackvan@hotmail.com
hello uscfpb ombudsmen
here is the evidence of my complaints being put in the trash allegedly under guise of duplicate
chase has not resolved a single monetary issue with regard to my complaints and never addresses the issue in a signed under oath of accuracy and truthfulness nor signed by a chase executive and just does the denial thing since your agency opened.
I do not agree that these are duplicate issues and as I have told you before there are multiple people who have testified to me in writing that your agency is either erasing complaints against chase or sending them to the FTC graveyard and are never processed and sent to chase or reported in your database or to congress.
it is just that simple
regards
David Black a permanent and total disabled veteran under federal law.
it is a bit impossible for your staff to be researching a current complaint all the way back to 2010 complaints that are no longer in my account’s database in the first place.
if you do not respond I will take this matter up with mr cordray and ellen warren and the justice department.
suggest we all should be complaining daily to the uscfpb with copies of it to us justice dept eric holder us ag and eric schneiderman new York ag if it regards chase and keep complaining about complaints being erased and keep complaining about chase especially in florida new York Nevada and all the other scum bag servicers. seems chase is giving modifications to those theycan make a claim against the chase us ag 13.5 billion dollar settlement . everyone else gets foreclosed on so they can cash in their derivative hedge bets aka credit default swaps.
Haven’t been around in awhile, but not sure if any of you have seen this case out of Seattle. The mayor actual stopped the eviction of a vet after his home was sold at auction even though he had a pending court case against Chase.
http://www.westseattleherald.com/2014/07/21/news/update-barton-family-eviction-protest-heads-city-
Ms. LANE… You my dear are one hell of good writer, and even better fighter. Tell you what….you write a page a day of your experiences….you will represent your State….I am in Idaho and will do the same….a page a day in MS Word….of the wanton…circus acts…thrills..chills..n spills….and 1x a week you send them to me…in Word..
Next….I take your Copyrighted file and I print them..the stories…On my end I take your 7 days in hell…best of…like the meth lab party gone wrong…that is one page….following?
I recycle wood…I live in Boise…’city of trees’…and can combine your 7 pages w my 7 pages…David could crank out 7…..w pictures of course….and viola…I now have our product…a journal size ….hardwood…hardcover…made in ‘murica….book of short (horror) stories. We sell this to coffee shops on a weekly UPS logistics run….shops all over the world…..still following?
We could name the first series ‘For Closure’.
Why fo it? For therapy…for $….but most of all. ..for closure. I am serious.
TD,
I will join this challenge if for nothing else but to save anyone the heartache a fraudulent foreclosure brings to families. You can name my story “6 Wks to Sheriff Sale” as that is the deadline I am in once again.
David
I write down all the things I discover whether in a little book or on these web pages so the truth can get out. At the moment i KNOW that the two felons at the present reit i live in are trying to kill both me and my dog especially since i have and my dog in the The last few days have had the same symptoms one is not being able to breath. Last week while i was typing an impotant letter at the library someone came into my apt and went thru a file box and stole many bank statements they know i have two properties i am fighting for This felon in the office thinks HE can use my identity AND DRESS UP LIKE A GIRL. He ONCE TOLD MEthey have his name on YOU TUBE as a girl it is him with a girls name and wearing a dress??? anyone remember the case where a famous ballerina rented an apt in her eastside nyc townhouse to someone who wanted to steal her townhouse and her body wasn”t founD but a mother ande son was indicted
Marilyn
It’s the same as the banks did with the mortgages. Now they are packaging up rental payments. The only difference is now the homes they stole away from the real homeowner, they ( real estate trusts) now claim ownership and are landlords behind the scenes sort of like Fannie and Freddie. Now they don’t foreclose, they just evict. You can thank REIT s like Blackstone Group. They pushed the average homeowner out of the local market. My neighborhood is now at least 1/2 rental. And they suck as landlords. They don’t care as long as they are getting their money. They have turned once nice areas upside down. You can’t trust anyone living around you because they can be living next to you for a couple months and gone the next and you better have a good home security system. Especially in south fl. They r either druggies or thieves.
david
that is what i”m getting with my complaints to the police about the tenants at this reit
Corruption is overwhelming but we must fight on. After losing my two condos to fraud one has to put a roof over ones head. And what you find are the REITS have taken over the rental market.
On my third night In my first rental at a REIT there was a commotion and it turned out the tenant upstairs was a drug dealer with a meth lab and a customer died. it took me six months to make a deal to break my lease for one dollar after finding another REIT that would take a dog.BUT it was from the frying pan into the fire.
On my third night in my first rental at a REIT there was a commotion and it turned out the tenant upstairs was a drug dealer with a meth lab and a customer died. It took me six months to make a deal to break my lease for one dollar after finding another REIT that would take a dog but this second rental was from the frying pan into the fire This time a have a hidden sexual sex predator on drugs and with electric devices(ADS and EMP) –active denial system and electrical magnetic pulse below me and the leasing agent in this office who took my social security number and financial information is a two time convicted felon for credit card fraud and then when you call and complain to the police the last one said ‘it happens”
Well I AM STILL FIGHTING.
.
someone is trying to shut me down. I just tried to make two posts and they are not posting
Marilyn, you nailed it about the reits, they are doing the same with rental payments as they did with mortgages and they are lousy landlords. they pushed the average buyer out of the market. as long as credit is tight and these reits are buying up homes right and left. They do not want us to be homeowners. rents are so high in my area and the price of homes are already unreasonable again.
look up in property records how many homes IH2 (i.e. invitational homes , blackstone group) huge trust, no armslength transactions, now the banks don’t foreclose, they can simply evict (takes less time) and they do not take care of the properties because they do not care. only about the income stream!!!!
The last complaint I made in January 2014 I am still waiting for bank response consumer protection bureau acknowledged receipt. But never got response from bank or consumer protection that complaint had been answered.
Did you check uscfpb website and that case number
If no response file another complaint and/or write richard cordray
Director of uscfpb
Regards
David Franklin
Has anyone’s complaint/history of complaints vanish??I’m in a foreclosure nightmare that’s lasted since 2010,I’ve had set backs but continue to fight,along the way I’ve filed complaints w/cfpb & my 1st few,I dropped the ball by not knowing the ”process” but I’ve mastered it now,last one,which = 7 total in 4+yes,I MADE sure to attach all vitale papers showing my claims of Mortgage servicer abusive actions/practices,went to CFPB REVIEW,BOOM GONE???????ALL of them,,any input to why or has this happened to anyone?my account shows ”No Complaint records found”’?????thanks in advance:-)
Yes the same thing happened to me
The banks have their friends in uscfpb centers that process
Our complaints
They deep six them or call them duplicates or send our
Complaints to federal trade commission graveyard
I filed 36 complaints since uscfpb opened against chase
And ceo jaime dimon and othet chase execs
About 12 of those were erased or disappeared on grounds
Of being duplicate
All we can do is complain to uscfpb director and send thatletter
To our senators and congressman to ask them to make inquiry
Of uscfpb and to resurrect our complaints and file them with servicer
Of the last four complaints only two survived
Regards
David franklin
We are in a COLD WAR with these banks and servicers who own
Our country from bribery and corruption but they use the political
System to achieve their goals
We need to do the same recommend you copy all your
Letters to us senator ellen warren
Regards
David
my new uscfpb complaint about chase
sent to new york state attorneygeneral. new york has allegedly convened a grand jury and service cuomo deputy about mortgage abuse and fraud and bribery in cuomo’s office and the utah ag was arrested and charged with 23 counts of felony bribery from bank of america recon trust
here is my new complaint lets see if it survives
chase mortgage abuses of disabled veterans
The article in this email documents chase is losing their shorts in the mortgage business and their bad loan loss reserves are rapidly heading to zero
Hence their may be plenty of motive to conduct themselves the way theyvhave with me
Their latest stunt is to attempt to manufacture another default by raising my mortgage payment and two by raising it again for escrow payment increase
The charges per clark county and state farm insurance annually equal 3800 and my current escrow payment of 329 a month covers that
As of sept 1 2014 they are increasing escrow 350 a month which increases my payment 19 a month and five dollars more than i am paying now as principal reduction payment added to minimum mortgage payment
According to thousands of complaints from other chase mortgage holders their fraudulent escrow operations is a key method of manufacturing default
And they refuse to give me credit for approximately prepaid escrow funds of 2000 and have had that money since 2008 yet continue to raise my payment in yet another attempt to manufacture a default
That is not going to happen
As Rick has seen the escrow refund check from chase for 1350 dollars and performed the last valid escrow accounting by chase in 2011 there has been continued oveecharging anf manipulation of my escrow funds
Chase whistleblower employees sent me a detailed escrow transaction history for both the old and new account numbers showing hundreds of fraudulent alleged transactions in the escrow account
There should only be four payouts per year and 12 deposits from my payments to the escrow
The spreadsheet ( Tiffany only has the first version while chase whistleblower employees sent me a second shows 21000 in mortgage payments being put in unapplied payments plus another 9000 in unapplied from 2008 and then making debit charges to those unapplied and then crediting another account called escrow advance
This looks like money laundering and income tax evasion to me since in jan 2013 there are 14000 in reversed mortgage payments back to 2012 tax year and they all disappeared and then chase sent me notice on their website which rick has to pay another 14000 dollars for two mortgage payments for same month and year ie
Extorting me again like in 2008 and made me pay july 2008 three times a
disabled veteran on VA FEDERAL US TREASURY PENSION FIXED INCOME
Regards
David
David….perhaps Kelly Mathers would like to blow the whistle from inside….you know…join the cause??? Everything (including the sound of justice) is better recorded ‘in steteo’. Way to stay in the fight…w a papertrail….a path leading to Their destruction…not yours/ours. I will be kicking MetLife (steve kandarian) and Chasing Diamon(d)$ till king dom come…and well…it would appear w the current V.A. scandal….this type of abuse (as you have described) will be frowned upon once it is made mainstream. . . Nobody likes a bully anymore….and everybody loves an underdog….especially when the bully gets his ar$e kicked….you sir are doing the kicking now…do not stop….p.s. if you write to Brian Williams of NBC….and you tell him about ‘our’ nephilim conversation…and if you X plain your sitch….w a c.c. to Eric Holder….I think you would have a better than 50/50 shot at a Nationwide/Worldwide story….a compelling and timely one to boot!
My ol man is Canadian n knows BW…put it this way….I would like to see your story on primetime… I also want you to file your massive claim for damages…make it loud and proud….you carry the Torch for many DVs who have lost their fight….make sure the torch is ‘inserted’ fire end first…. also remember that this message board gave Jamie D cancer…gave Steve K restless nights wo sleep…..WE the People have ‘them the monsters’…on the ropes.
Knock ’em out of the box! God ♡s an underdog w teeth. . . . Keep fighting…Holder just kicked Citi for $7 B…..hope everyone saw that. Use this in Court….as I said…
‘make ’em walk the plank….more blood in the water….theirs finally”.
China wants you to win….China h8s fraud when it causes shame and loss of face….
the financial losses are paramount but secondary to the first n second issues….got it?
777
ldynps , are you in fl? I am also. I thought you were in CA. I would like to speak to you and hopefully we can help each other. I am in broward cty. fl. please send me your email mine is lsnider52@hotmail.com
my uscfpb complaint today
chase has not resolved a single monetary dispute with me since 2008 and continues to extort me for money on a loan I never applied for .. they even reported this new loan to the credit bureau with a balance of $ 300,800 which the Credit bureau also had reporting of yet another first trust mortgage from chase.
chase has fired the local v.p Kelly mathers for trying to help me resolve these issues.
all chase does is say they addressed the issue. I don’t care if they address any thing. these disputes by me are about money and extortion of me by chase on a loan I never applied for and non compliance with a promissory note for a loan I did pay for. chase has quashed the loan finance by blacksmith and boilermakers union of Kansas city Kansas and created a new loan with higher interest rates and balloon payments with no loan docs no respa notices and now extorting me for double and triple payments. I got another wortheless packet of chase toilet paper today while they now are extorting me for more escrow funds while they have over $ 2,000 in unapplied escrow funds and over $ 80000 in unapplied payments and unaccounted for payments and missing 21 missing mortgage statements required monthly by federal respa law and even told the Washington state AG to buzz off when requested to produce the mortgage statements. in letters from chase v.p she says I owe $ 388,888 while the mortgage statement says I owe $ 311,000 and the new loan to the credit bureaus says I owe $ 300,800 . chase website says I am five payments ahead but refuse to give me credit for them and their attorney writes me letters I am indefault and sends letters to my attorney mr potter demanding he drop me as a disabled veteran client. the whole mortgage operation of chase needs to be seized by the federal government and a cash audit be done by irs and other agencies to determine where the billions of dollars of mortgage payments are going.
and for what purpose and that includes escrow funds.
Hi there. I used to post on this site back in 2010/11 when i claimed bankruptcy after losing a six-figure job in the end of 2008. Therein, I so appreciated the conversations taking place and the site bringing awareness to the public. I received an education on mortgage fraud. I’d copied all my county records after noticing the lack of mortgage assignment records between all the banks since my mortgage originated. Fortunately, I was able to rent out my NJ condo until Hurricane Sandy hit. Then fell behind on the mortgage. In October, 2013, Forclosure proceedings were started (lis pendens filed) by Citimortgage’s (loan servicer at the time) attorney. To date, I was yet to be served and put the home up for sale. Today I received a call from a company called Seretus (out of Pinnelas Park, FL) stating that they are now the new servicer of my FM loan as of June 14th, 2014 (I never knew who owned my load through each of the prior mortgage assignments) Seretus told me I should have received a “bye-bye” letter from Citimortgage. I’d never received the letter, but checked my current county records and now see that only 6 weeks prior to the Citi lis pendens, the assignment to Citimortgage from the prior bank was filed (even though I was with Citi since 2005.) There, i also just found a recent filing of assigment to FM, as well as to this new company, Seretus. They are now offering me a modification and have noted they have not filed for foreclosure. I have two questions, if anyone might know and would so appreciate a knowledgable answer – The lis pendens is still on my record with Citi’s attorneys. I am having trouble with the sale of the home as potential buyers are shying away due to the lis pendens. If Citimortgage is no longer my servicer, nor owns the loan, how valid is the lis pendens? I’ve heard of requesting the court expunge the lis pendens: especially because it is no longer valid, AND because it is now detremental in me selling the home which could afford me the opportunity to sell and settle the debt. is this possible? Can i approach the attorney and request they remove it without filing a motion to expunge? Second question: can they be sued if they don’t comply? Of course this has me leading to: If the lis pendens remains, and then Seretus ends up filing for foreclosure, is it possible that two banks can file a mortgage lis pendens on the same loan? Thanks for any responses that might help. Sandy struck
Suz – I don’t know if anybody else has responded to you or not. If your property is located in the state of Florida then the lis pendens filed will remain of record unless Citi files to have it dismissed or after a period of time when there is no activity the Courts will automatically have it dismissed for ‘lack of activity’. Lis Pendens can only be filed by the ‘owner’ of the note and mortgage. If there is an assignment from the original lender to Citi then most likely they are the owner of the note/mortgage and it appears that they then assigned it to this FM (whatever those initials mean) and Seretus. You did not mention if the mortgage was included in the BK you filed or not. If not I don’t understand why the lis pendens was filed. If it was included in the BK you basically gave up the property in the BK and the current owner can foreclose. They can also use the same lis pendens to move forward with the foreclosure as long as they complied with the new procedures for Florida law that came into effect June 7th of 2013 (H.B. 87).
Bobbi’s post reminded me of your comment. Not knowledgeable about FL bk etc but generally my thoughts were that there may be a clouded title if unlawful foreclosure or multiple claims to debt etc. Title insurance is also supposed to guard against losing marketability of title. If Citibank is part of settlements can use to make complaint or back up your claims in wrongful foreclosure or quiet title case from my understanding, not legal advice. In bk sounds like their claim should be challenged or adversarial complaint made from what I’ve read.
God speed Trevor. Let Truth prevail!
WHEN I win my cases, I will retutn to this board and fund a 1st rate ww legal A Team…the only catch will be that if you receive help from ‘the fund’…and you win….that you pay it fwd w a % to the ‘house’ as it were. Remember. ..blue planets have won …it has been decided. Now just cross the line. Then cross it again for kids at home. . Protect the little ones. . .holderwhereyou@? 777
The govt does not want us to be homeowners. It’s another way to control us or make money from us. The big investors. Ie blackstone group. Have bought up thousands of homes that should have been available to qualified buyers and they should have been “arms length transactions”. These investors are packaging rental income the same way the banks did mortgages. Look at all the people that believed in obamas HAMP program and got scammed. Why isn’t Obama helping us and knows what the banks did to steal out homes. It’s one big govt conspiracy. For us that believed in our govt, shame on us. Fool me once but they won’t fool me twice.
Thks David. I will do what I can and will speak up for you and others. I am fighting as much as I can. I had to get attny because they set a trial date and I know it’s because they do not want to have to honor the settlement. Blackstone has bought quite a few homes in my area and i suspect the bank is looking for a lot more homes to steal so they can pkg up the rental income. My area I fl is a hot market at the moment and they know it. There is a great big picture in the steAling of our homes. If the govt has their way. There would be very little home ownership. God bless to all who have lost their fight. Believe me better things are ahead for you. For us that remain in the fight, the uncertainty of it all is like being in a prison, but the principle of the battle has to keep us fighting.
May our Creator protect you and all of us
Regards
David
I am so sick of these banks. I never had credit problems in my life until I made a deal with the devil a/k/a jp Morgan chase bank. Thanks for the advice David Franklin I am going to cc everyone I can think of with the fraud they are getting away with. The settlement letter says not to call the judge, but that was when it was still pending. Now it is a done deal and Chase has to be forced to live up the settlement agreement and in there it says that the judge reserves the right to maintain jurisdiction to enforce the terms of the settlement agreement.
LMS et al…I embark on ‘life on the streets’ in a matter of hours…this w a masters degree…intl fortune 100 exo…blah blah… but w no credit.. (thank you Jamie and Steve ). I just wanted to encourage everyone here to STAY IN THE FIGHT….this cleansing is necessary and we will be rewarded for taking on (and crushing) these goliaths… this board scares the $ht out of ALL guilty banks….sure we received $500 -$6000 for our 100x losses (one penny in the dollar) but we never gave up our right to sue….just file and get on w it….this is the final act of the American Play….so press hard and watch em fall….’zilla is in the house and in your corner….watch that flagpole get ripped off and thrown at Steve…then Jamie….our collective wins…in Court…will serve as precedence….hard for us….easier for those behind the ice breakers….have fun with it….make it a game…they sure did. Now…..they are getting the cancer they gave….AND at ANY hour….Federal Agents just might be knocking on the executive glass door….when criminal charges land…and its in the works…then our civil claims are simply a ‘summary judgement’ exercise….a reversal of hope…a shift in karma if you will. I am asking for $10 mil from Met and $5 mil from Chase… I helped shut down MetLife Home Loans….now I need my settlement. Yes I scare them…they got caught by the megladon…always a bigger shark out ‘there’….Today there…is…here. Best of luck fighters….David…keep rocking the boat….make em walk the plank….splinters and all…sharks below….blood in the water….theirs. 777
Hang in there Trev. I wish we could have gotten it together as Tom, David and others have pushed us. There’s no giving up here maybe we still can. Keep in touch.
here is the phone number at us dept of justice to give your comments on the phone about the $ 13.5 billion dollar jp morgan chase settlement with the us govt. as I put on the answering machine the settlement should be 100 times larger and all of us get a crack at it to make out claims for restitution instead of giving the money to the corrupt states and state AG’s and no homeowner sees a dime. what the press is not telling us is that the settlement is subject to a lawsuit by a politically affiliated public interest group to get judicial review of the settlement from a federal judge. in other word the judge approves it. the phone number is legitimate and I called and it answered. supposedly the attorneys at us doj will listen to everyone’s message. I told them that the settlement is a joke since chase used tarp taxpayer funds to pay it to the us doj. the research I have done says jaime dimon got $ 90 billion dollars from uncle same not $ 35 that us doj stated to the press. so call the number and raise hell and I said the settement should be 100 times larger and not be paid by using tarp money or our mortgage payments for us that are in chase’s fraudulent loss mitigation. my attorney told me today chase is harassing him on the phone since I filed criminal charges against chase executives in the mortgage servicing unit for extortion grand larceny and grand theft wire fraud and mail fraud and forgery of TILA documents from the loan origination
best regards
David Franklin and good speed TREVOR. let it all go and make the blossoms come up at your feet again. I know how much this crap from banks gets me depressed and perhaps some of you out there. all of you have been very supportive of me and now I have talked to several of you TREVOR and Luis and some homeowners who are in court with chase now as I write this. chase’s new trick is to change trustee and/or claim they own the mortgage which is allegedly a lie and untruth.
justice number to file your complains about the settlement is
202 353 1555 u.s dept of justice eric holder’s office office of u.s. attorney general for finalization of $ 13.5 billion settlement and consent decree from Chase.
Great info David! I’ve been stonewalled on my complaints in Los Angeles CA and was looking for another source before I hit “my” elected officials. Democrats, Republicans doesn’t matter they are in league with the banks to take our homes and to hide the GRANDEST THEFT OF ALL TIME!
I have been a part of every class action so far including the big settlement in which I got $500 measely dollars for dual tracking. now this chasemdlsettlement, and they are trying for foreclose on me before I can reap any of the benefits if there are really any. I call Chase and nobody knows nothing about the class action. they try to sweep everything under the rug. I am going to write the judge and let him know that his efforts go unnoticed. He is a federal judge and Im sure that he is not going to like that his ruling has turned on deaf ears. This is enough already. The big investors are buying our houses and turning them into rentals and packaging up the rental income and doing the same thing with rental income that they did with mortgages.
Interesting case – New Century, Ocwen? the kitchen sink. Transcript of actual court back and forth. Good focus on how you state you claims.
http://www.msfraud.org/law/lounge/Galope-Appeal_Barclays-Petition-for-Rehearing-En-Banc_4-14.pdf
Not surprised hammertime. The lender/services paperwork we already know is a scam. It’s all about passing the liability to keep everyone guessing. Chase has ramped up the foreclosure trial date with me so they won’t have to make good on the class action that they lost in the federal court. They breached contract. My understanding is that the class action and the foreclosure are two separate actions and if they beat u to foreclosure. U have no chance of any of the benefits of the class action. They know they screwed up in this class action they lost so the only chance they have is to speed up foreclosure
The difference like in my case is Chase is caught and looks like unable to dish off on a fly by night company. They need to be exposed. If FL? had any rights that would have to be a major dual tracking and sounds like they’re ignoring our courts AGAIN! Need to publicize!
True TBTF is the unofficial policy but there’s even fraud in that. Another clue on servicer merry go round in following article. Interesting poll on industry site where foreclosures are at bottom for 90 day late. Nobody’s being fooled.
http://dsnews.com/news/07-01-2014/risky-business-fhfa-raises-questions-risks-nonbank-servicers?utm_source=DS+Weekly&utm_campaign=8f5b9add77-DS_Weekly&utm_medium=email&utm_term=0_cc3ebd2b74-8f5b9add77-175422189
FHFA OIG Raises Questions About Risks of Nonbank Servicers
so….big foreclosure push we’re seeing?
“While not naming names, one such risk specifically cited by the report was the practice of using short term financing to purchase troubled mortgages that will require long term work to resolve their difficulties. The principal reason these mortgages are sold to the nonbank servicers is that they require extra time and money to cure the deficiency. The banks sell them in order to mitigate the loss that comes with servicing them. If short term financing is utilized to acquire the assets, the bill could come due before the profit from acquiring the mortgage is realized.”
sad but true, the banks can rubber stamp whoever they want as servicer/lender. I have always thought the fannie mae is just a façade so they cant pin the liability. the banks have to find some way to pay back all the investors they scammed and what better way than to just steal our homes and bribe the local courts because for most struggling homeowners, it ends in the local courts. It is an outrage!
File a motion with the judge not a letter and get a court stamp
On it
You can file it electronically if you register with the federal courts
Be sure you have correct case number
You can call kellerrohrbach.com on seattle and ask
For gretchen obrist or gretchen cappio who rep’d you
Before the judge and got ten million from chase
The judge has declared thaet he will stop the
Foreclosure
David franklin
And file motion with uscfpb too and write richard cordray
A letter he is director
I told him chase lied to the judge about loans eligible for
Mods
When I files my complaint with the OOC and The Florida Attorney General, both send the request to the banks involved with my Complaint. In Bank Of America’s response, the claimed they are the lender and that Wells Fargo is the servicer! That’s a lie….then Wells Fargo’s response was that US Bank is the lender and they are the servicer! The Attorney Generals conclusion was to do nothing…After 2 years in the Appeal Courts doing nothing and the Circuit Court allowing forged and falsified documents to be used to be granted a foreclosure…my conclusion is that there is absolutely no justice and every department is turning a blind eye to the biggest crime to ever be perpetrated in the history of the United States and it’s just going to continue because the Banks really have become….Too BIG YO FAIL/JAIL…
I have decided to file a lawsuit against Bank Of America, Wells Fargo, the Florida AG and the Attorney’s that represents them! I have nothing more to loose! Here are my causes of actions for Florida Law if anyone else needs the same! I’m giving it my all… Florida Causes Of Actions on Fraudulent Foreclosure Practices
Fraud
The essential elements of fraud are:
1. A false statement of fact;
2. Known by the defendant to be false at the time it was made;
3. Made for the purpose of inducing the plaintiff to act in reliance thereon;
4. Action by the plaintiff in reliance on the correctness of the representation; and
5. Resulting damage to the plaintiff.
Finney v. Frost, 228 So.2d 617; Abbate v. Nolan, 228 So.2d 433; Tonkovich v. South Florida Citrus Industries, Inc., 185 So.2d 710. Poliakoff v. Nat’l Emblem Ins. Co., 249 So.2d 477, 478-79 (Fla. 3d DCA 1971)
Affirmative Defense
Because of litigants’ proclivity to loosely sling the term “fraud” into pleadings, the law requires that fraud be described with precision. Florida Rule of Civil Procedure 1.120(b) mandates that “the circumstances constituting fraud … shall be stated with such particularity as the circumstances may permit.” This means that an affirmative defense or claim “must clearly and concisely set out the essential facts of the fraud, and not just legal conclusions.” Flemenbaum v. Flemenbaum, 636 So.2d 579, 580 (Fla. 4th DCA 1994). Where a defense of fraud exists, “it is not so subtle a concept that it cannot be described with precision.” Id.
Thompson v. Bank of New York, 862 So.2d 768, 770 (Fla. 4th DCA 2003)
• Glass v. Craig, 83 Fla. 408, 91 So. 332, 335 (1922) (holding that “a mere statement of opinion, belief, or expectation, although untrue and resting upon no information, is not such a false representation as to constitute fraud”);
• Reimsnyder v. Southtrust Bank, N.A., 846 So.2d 1264, 1266 (Fla. 4th DCA 2003) (determining that statements made by bank officer were either not demonstrably false or were mere opinion and thereby not actionable under a fraud claim);
• Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So.2d 168, 172 (Fla. 4th DCA 1994) (finding that a claim for fraudulent misrepresentation is not actionable if premised on mere opinion and not material fact);
• Baker v. United Servs. Auto. Ass’n, 661 So.2d 128, 131 (Fla. 1st DCA 1995) (reasoning that for a claim of misrepresentation to be actionable, it must be of fact rather than opinion);
• Wasser v. Sasoni, 652 So.2d 411, 412 (Fla. 3d DCA 1995) (finding that seller’s statements that the building was “a very good building” requiring “normal type of maintenance,” and “an excellent deal,” were clearly statements of opinion and not fraudulent misrepresentations);
• Carefree Vills. Inc. v. Keating Props., Inc., 489 So.2d 99, 102 (Fla. 2d DCA 1986) (finding that a seller’s statement that he thought the lifetime leases could be broken was nothing more than an opinion, upon which no action for misrepresentation could be grounded).
Constructive Fraud
• Constructive fraud occurs when a duty under a confidential or fiduciary relationship has been abused or where an unconscionable advantage has been taken. Constructive fraud may be based on a misrepresentation or concealment, or the fraud may consist of taking an improper advantage of the fiduciary relationship at the expense of the confiding party.” Levy v. Levy, 862 So.2d 48, 53 (Fla. 3d DCA 2003) (citations omitted). “A constructive fraud is deemed to exist where a duty under a confidential or fiduciary relationship has been abused.” Allie v. Ionata, 466 So.2d 1108, 1110 (Fla. 5th DCA 1985). Florida courts have recognized that constructive fraud may exist independently of an intent to defraud. Allie, 466 So.2d at 1110; Linville v. Ginn Real Estate Co., LLC, 697 F.Supp.2d 1302, 1309 (M.D.Fla.2010) (“Constructive fraud, unlike actual fraud, does not require a showing of intent or of a misrepresentation or concealment and thus a claim for constructive fraud need only meet the liberal pleading requirements of Rule 8.”).
• Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Constructive Trust
“A constructive trust is one raised by equity in respect to property which has been acquired by fraud, or where, though acquired originally without fraud, it is against equity that it should be retained by him who holds it.” Quinn v. Phipps, 93 Fla. 805, 113 So. 419, 422 (1927). Constructive trusts are akin to an express trust in that a bifurcation of title occurs; bare legal title to the property is held by the possessor of the property while the beneficial interest is held by the person entitled to the property. In re Shepard, 29 B.R. 928 (Bkrtcy.M.D.Fla.1983). However, unlike an express trust or a resulting trust, a constructive trust arises solely by operation of law. Palmland Villas I Condominium Ass’n, Inc. v. Taylor, 390 So.2d 123 (Fla. 4th DCA 1980). Thus, a constructive trust is a remedial device with dual objectives: to restore property to the rightful owner and to prevent unjust enrichment. Abreu v. Amaro, 534 So.2d 771 (Fla. 3d DCA 1988).
To impose a constructive trust, there must be (1) a promise, express or implied, (2) transfer of the property and reliance thereon, (3) a confidential relationship and (4) unjust enrichment. Id. at 772. The person seeking to impose a constructive trust must prove these elements by clear and convincing evidence. Id. However, similar to any equitable remedy, the enforcement of a constructive trust is tempered by equitable defenses, including laches and estoppel. See generally Steinhardt v. Steinhardt, 445 So.2d 352 (Fla. 3d DCA), rev. denied sub nom., 456 So.2d 1181 (Fla.1984); Mills v. Holcomb, 389 So.2d 223 (Fla. 5th DCA 1980), rev. denied, 399 So.2d 1143 (Fla.1981).
Provence v. Palm Beach Taverns, Inc., 676 So.2d 1022 (Fla. 4th DCA 1996)
Nondisclosure (Real Estate)
When a Buyer purchases Real Estate from a Seller, the Seller must disclose all known, material defects in the property. If the Seller fails to make sure a disclosure, the Buyer may have a claim for Nondisclosure.
A Nondisclosure claim has four elements:
1. The seller of a home must have knowledge of a defect in the property,
2. The defect must materially affect the value of the property,
3. The defect must be not readily observable and must be unknown to the buyer, and
4. The buyer must establish that the seller failed to disclose the defect to the buyer.
Johnson v. Davis, 480 So. 2d 625, 629 (Fla. 1985).
To state a claim, the Buyer must prove that the Seller had actual knowledge if the defect. It is insuffucient to state a claim if the Buyer can only establish that the Seller “should have known” about the defect. Jensen v. Bailey, Case No. 2D10-939 (Fla. 2d DCA Nov. 20, 2011).
AIDING AND ABETTING A BREACH OF FIDUCIARY DUTY
A claim for aiding and abetting a breach of fiduciary duty requires:
1. a fiduciary duty on the part of the primary wrongdoer;
2. a breach of this fiduciary duty;
3. knowledge of the breach by the alleged aider and abettor; and
4. the aider and abettor’s substantial assistance or encouragement of the wrongdoing.
Sensormatic Electronics Corp. v. TAG Co. US, LLC, 632 F. Supp. 2d 1147, 1192 (S.D. Fla. 2008); Court Appointed Receiver of Lancer Offshore, Inc. v. Citco Group, Ltd., No. 05-60080, 2008 WL 926513, at * 5 (S.D. Fla. Mar. 31, 2008); Bruhl v. Price Waterhousecoopers Intern., No. 03-23044-Civ, 2007 WL 983263, at * 10 (S.D. Fla. Mar. 27, 2007); In re Caribbean K Line, Ltd, 288 B.R. 908, 919 (S.D. Fla. 2002); AmeriFirst Bank v. Bomar, 757 F. Supp. 1365, 1380 (S.D. Fla.1991).
Breach of Third-party Beneficiary Contract
A person who is not a party to a contract may not sue for breach of that contract where that person receives only an incidental or consequential benefit from the contract. Metropolitan Life Ins. Co. v. McCarson, 467 So.2d 277 (Fla.1985). The exception to this rule is where the entity that is not a party to the contract is an intended Third-party Beneficiary of the contract. Jacobson v. Heritage Quality Constr. Co., 604 So.2d 17 (Fla. 4th DCA 1992), dismissed, 613 So.2d 5 (Fla.1993). A party is an intended beneficiary only if the parties to the contract clearly express, or the contract itself expresses, an intent to primarily and directly benefit the third party or a class of persons to which that party claims to belong. Aetna Casualty & Surety Co. v. Jelac Corp., 505 So.2d 37 (Fla. 4th DCA 1987); Warren; Security Mut. Casualty Ins. Co. v. Pacura, 402 So.2d 1266 (Fla. 3d DCA 1981).
Thus, in order to plead a cause of action for breach of a third party beneficiary contract, the following elements must be set forth:
(1) a contract between A and B;
(2) an intent, either expressed by the parties, or in the provisions of the contract, that the contract primarily and directly benefit C, the third party (or a class of persons to which that party belongs);
(3) breach of that contract by either A or B (or both); and
(4) damages to C resulting from the breach.
Additionally, in order to find the requisite intent, it must be shown that both contracting parties intended to benefit the third party. It is insufficient to show that only one party unilaterally intended to benefit the third party. See Clark and Co. v. Department of Ins., 436 So.2d 1013, 1016 (Fla. 1st DCA 1983). Based upon the foregoing, the initial issue presented is whether, taking the well-pleaded allegations as true and viewing them in the light most favorable to Caretta, the allegations of Count III sufficiently pleads all of these elements.
Caretta Trucking, Inc. v. Cheoy Lee Shipyards, Ltd., 647 So.2d 1028 (Fla. 4th DCA 1994)
Anticipatory Repudiation
“The doctrine of anticipatory repudiation is part of the law of contracts in Florida.” Southern Crane Rentals, Inc. v. City of Gainesville, 429 So.2d 771, 773 (Fla. 1st DCA 1983). Repudiation by one party, to be sufficient in any case to entitle the other to treat the contract as absolutely and finally broken and to recover damages as upon total breach, must at least amount to an unqualified refusal, or declaration of inability, substantially to perform according to the terms of his obligation. Roehm v. Horst, 178 U.S. 1, 14, 15, 20 S.Ct. 780, 44 L.Ed. 953; Smoot’s Case, 15 Wall. 36, 49, 21 L.Ed. 107; Dingley v. Oler, 117 U.S. 490, 503, 6 S.Ct. 850, 29 L.Ed. 984; Kimel v. Missouri State Life Ins. Co. (C.C.A.) 71 F.(2d) 921, 923. Mere refusal, upon mistake or misunderstanding as to matters of fact or upon an erroneous construction of the disability clause, to pay a monthly benefit when due is sufficient to constitute a breach of that provision, but it does not amount to a renunciation or repudiation of the policy. Mobley v. New York Life Ins. Co., 295 U.S. 632, 638 (1935).
(1) Where an obligor repudiates a duty before he has committed a breach by non-performance and before he has received all of the agreed exchange for it, his repudiation alone gives rise to a claim for damages for total breach. (2) Where performances are to be exchanged under an exchange of promises, one party’s repudiation of a duty to render performance discharges the other party’s remaining duties to render performance. Therefore, the nonbreaching party is relieved of its duty to tender performance and has an immediate cause of action against the breaching party. Blue Lakes Apartments, Ltd. v. George Gowing, Inc., 464 So. 2d 705, 708 (Fla. 4th DCA 1985).
It is “arguable that anticipatory repudiation is an affirmative defense required to be raised by the defendant’s pleadings.” Twenty-Four Collection, Inc. v. M. Weinbaum Const., Inc., 427 So. 2d 1110, 1112 (Fla. 3d DCA 1983). An anticipatory repudiation also creates a cause of action for breach of contract distinct from any defense. Id.
Rescission
The fundamental requirements necessary to state a cause of action for rescission or cancellation of a contract are:
1. The character or relationship of the parties;
2. The making of the contract;
3. The existence of fraud, mutual mistake, false representations, impossibility of performance, or other ground for rescission or cancellation;
4. That the party seeking rescission has rescinded the contract and notified the other party to the contract of such rescission.
5. If the moving party has received benefits from the contract, he should further allege an offer to restore these benefits to the party furnishing them, if restoration is possible.
6. Lastly, that the moving party has no adequate remedy at law.
Crown Ice Mach. Leasing Co. v. Sam Senter Farms, Inc., 174 So. 2d 614, 617 (Fla. 2d DCA 1965).
Quantum meruit
The remedy of quantum meruit derives from contracts “implied in fact.” In these contracts, the parties have in fact entered into an agreement but without “sufficient clarity, so a fact finder must examine and interpret the parties’ conduct to give definition to their unspoken agreement . . . . [in order to give] the effect which the parties . . . presumably would have agreed upon if, having in mind the possibility of the situation which has arisen, they had contracted expressly thereto.” See Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., 695 So.2d 383, 385-86 (Fla. Dist. Ct. App. 1997) (en banc).
Declaratory Judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.
To state a claim the Plaintiff must show:
1. that there is a bona fide, actual, present practical need for the declaration;
2. that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
3. that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
4. that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
5. that the antagonistic and adverse interests are all before the court by proper process or class representation; and
6. that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.
May v. Holley, 59 So.2d 636, 639 (Fla. 1952).
In Florida, a party may bring an action for Declaratory Judgment pursuant to s. 86.021, Florida Statutes, which provides:
Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing may have determined any question of construction or validity arising under such statute, regulation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations thereunder.
The court may render declaratory judgments on the existence, or nonexistence:
(1) Of any immunity, power, privilege, or right; or
(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.
As the Second DCA has noted:
A complaint for declaratory judgment should not be dismissed if the plaintiff established the existence of a justiciable controversy cognizable under the Declaratory Judgment Act, chapter 86, Florida Statutes (2007). See Thompson v. Fla. Cemeteries, Inc., 866 So. 2d 767, 769 (Fla. 2d DCA 2004). As this court has previously stated, “[t]he test for the sufficiency of a complaint for declaratory judgment is not whether the plaintiff will succeed in obtaining the decree he seeks favoring his position, but whether he is entitled to a declaration of rights at all.” “X” Corp. v. “Y” Person, 622 So. 2d 1098, 1101 (Fla. 2d DCA 1993). Murphy v. Bay Colony Property Owners Association, 12 So.3d 924 (Fla. 2d DCA 2009)
Injunction
To state a cause of action for injunctive relief, a plaintiff must allege ultimate facts which, if true, would establish:
1. Irreparable injury (that is, injury which cannot be cured by money damages),
2. A clear legal right,
3. Lack of an adequate remedy at law, and
4. That the requested injunction would not be contrary to the interest of the public generally.
Weekley v. Pace Assembly Ministries, Inc., 671 So.2d 220, 220 (Fla. 1st DCA 1996).
Intentional Infliction of Emotional Distress
The elements of the Intentional Infliction of Emotional Distress cause of action are:
1. The wrongdoer’s conduct was intentional or reckless;
2. The conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community;
3. The conduct caused emotional distress; and
4. The emotional distress was severe.
Johnson v. State Dept. of Health and Rehab. Svc’s, 695 So.2d 927 (Fla. 2d DCA 1997)]], quoting Dominguez v. Equitable Life Assurance Soc’y, 438 So.2d 58, 59 (Fla. 3d DCA 1983).
Only conduct, which is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community,” meets the standard necessary to state a claim for IIED. Clemente v. Horne, 707 So.2d 865, 867 (Fla. 3d DCA 1998), citing Restatement (Second) of Torts, § 46 cmt. D (1965). “It is not enough that the intent is tortuous or criminal; it is not enough that the defendant intended to inflict emotional distress; and it is not enough if the conduct was characterized by malice or aggravation.” Id. citing State Farm Mut. Auto. Ins. Co. v. Novotny, 657 So.2d 1210, 1213 (Fla. 5th DCA 1995).
Claims based solely on allegations of verbal abuse are also generally legally insufficient. De La Campa v. Grifols America Inc., 819 so.2d 940 (Fla. 3d DCA 2002) citing Ponton v. Scarfone, 468 So.2d 1009 (Fla. 2d DCA 1985) (statements made to induce employee to join sexual liason did not establish IIED).
Tortious Interference with a Contractual
Business Relationship
The elements of a claim for tortious interference with a contract are: (1) the existence of a contract; (2) defendant’s knowledge of this contract; (3) an intentional and unjustified interference with the contract by a third party; and (4) damage to plaintiff as a result of the interference. Salit v. Ruden, McClosky, Smith, Schuster & Russell, P.A., 742 So.2d 381, 385 (Fla. 4th DCA 1999) (citing Tamiami Trail Tours, Inc. v. Cotton, 463 So.2d 1126, 1127 (Fla.1985)).
Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Negligent Misrepresentation
Under Florida law a claim for negligent misrepresentation requires that: (1) There was a misrepresentation of material fact; (2) the representer either knew of the misrepresentation, made the misrepresentation without knowledge of its truth or falsity, or should have known the representation was false; (3) the representer intended to induce another to act on the misrepresentation; and (4) injury resulted to a party acting in justifiable reliance upon the misrepresentation. Baggett v. Elecs. Local 915 Credit Union, 620 So.2d 784, 786 (Fla. 2d DCA 1993). With respect to negligent misrepresentation claims, justifiable reliance on the misrepresentation is a required element. Tardif v. People for the Ethical Treatment of Animals, 160 Lab.Cas. P 61065, (M.D. Fla. 2010) (Case No. 2:09-cv-537-FtM-29SPC).
Promissory Estoppel
The basic elements of promissory estoppel are set forth in Restatement (Second) of Contracts § 90 (1979), which states:
(1) A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires.
The character of the reliance protected is explained as follows:
The promisor is affected only by reliance which he does or should foresee, and enforcement must be necessary to avoid injustice. Satisfaction of the latter requirement may depend on the reasonableness of the promisee’s reliance, on its definite and substantial character in relation to the remedy sought, on the formality with which the promise is made, on the extent to which the evidentiary, cautionary, deterrent and channeling functions of form are met by the commercial setting or otherwise, and on the extent to which such other policies as the enforcement of bargains and the prevention of unjust enrichment are relevant. Id. (emphasis added).
For promissory estoppel to be applied, the evidence must be clear and convincing. Mere expectations based upon oral representations regarding future rights of parties to a contract specific in its written terms has been held to be insufficient to support a cause of action. Smith v. Piezo Technology and Professional Administrators, 427 So.2d 182 (Fla.1983); Harbour Square Development Corp. v. Miller, 517 So.2d 773 (Fla. 2d DCA 1988); Ochab v. Morrison, Inc., 517 So.2d 763 (Fla. 2d DCA 1987); Ponton v. Scarfone, 468 So.2d 1009 (Fla. 2d DCA 1985); Muller v. Stromberg-Carlson Corp., 427 So.2d 266 (Fla. 2d DCA 1983); Catania v. Eastern Airlines, Inc., 381 So.2d 265 (Fla. 3d DCA 1980).
W.R. Grace & Co. v. Geodata Services, Inc., 547 So.2d 919, 924-25 (Fla. 1989)
History
The Florida Supreme Court considered promissory estoppel in Hygema v. Markley, 187 So. 373 (1939), but rejected its application because the promise at issue in that case “was not definite but, on the contrary, was entirely indefinite as to terms and time.” Id. at 19, 187 So. at 380 (emphasis added). In South Investment Corp. v. Norton, 57 So.2d 1 (Fla.1952), the Court stated: “[O]rdinarily, a truthful statement as to the present intention of a party with regard to his future act is not the foundation upon which an estoppel may be built.” Id. at 3. In Tanenbaum v. Biscayne Osteopathic Hospital, Inc., 190 So.2d 777 (Fla.1966), the Court had before it an action for enforcement of a doctor’s employment contract with a hospital in which the parties agreed orally that the doctor’s employment was terminable only after five years and on ninety days’ written notice. In that case, it refused to apply promissory estoppel and stated: “The question that emerges for resolution by us is whether or not we will adopt by judicial action the doctrine of promissory estoppel as a sort of counter action to the legislatively created Statute of Frauds. This we decline to do.” Id. at 779
Malpractice (Legal)
A legal malpractice action has three elements:
1. the attorney’s employment;
2. the attorney’s neglect of a reasonable duty; and
3. the attorney’s negligence as the proximate cause of loss to the client.
Law Office of David J. Stern, P.A. v. Sec. Nat’l Servicing Corp., 969 So.2d 962, 966 (Fla.2007) (quoting Sec. Nat’l Servicing Corp. v. Law Office of David J. Stern, P.A., 916 So.2d 934, 936-37 (Fla. 4th DCA 2005)).
A legal malpractice action must be brought within two years “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence,” § 95.11(4)(a), Fla. Stat. (2002). In cases that proceed to final judgment, the two-year statute of limitations for litigation-related malpractice under section 95.11(4)(a), Florida Statutes (1997), begins to run when the final judgment becomes final.
Larson & Larson, P.A. v. TSE Indus., Inc., 22 So.3d 36, 39 (Fla. 2009)
Declaratory Judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party.
To state a claim the Plaintiff must show:
1. that there is a bona fide, actual, present practical need for the declaration;
2. that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts;
3. that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts;
4. that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law;
5. that the antagonistic and adverse interests are all before the court by proper process or class representation; and
6. that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.
May v. Holley, 59 So.2d 636, 639 (Fla. 1952).
In Florida, a party may bring an action for Declaratory Judgment pursuant to s. 86.021, Florida Statutes, which provides:
Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing may have determined any question of construction or validity arising under such statute, regulation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations there under.
The court may render declaratory judgments on the existence, or nonexistence:
(1) Of any immunity, power, privilege, or right; or
(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.
As the Second DCA has noted:
A complaint for declaratory judgment should not be dismissed if the plaintiff established the existence of a justiciable controversy cognizable under the Declaratory Judgment Act, chapter 86, Florida Statutes (2007). See Thompson v. Fla. Cemeteries, Inc., 866 So. 2d 767, 769 (Fla. 2d DCA 2004). As this court has previously stated, “[t]he test for the sufficiency of a complaint for declaratory judgment is not whether the plaintiff will succeed in obtaining the decree he seeks favoring his position, but whether he is entitled to a declaration of rights at all.” “X” Corp. v. “Y” Person, 622 So. 2d 1098, 1101 (Fla. 2d DCA 1993). Murphy v. Bay Colony Property Owners Association, 12 So.3d 924 (Fla. 2d DCA 2009)
Unjust Enrichment
A claim for unjust enrichment is an equitable claim, based on a legal fiction created by courts to imply a “contract” as a matter of law. Although the parties may have never by word or deed indicated in any way that there was any agreement between them, the law will, in essence, “create” an agreement in situations where it is deemed unjust for one party to have received a benefit without having to pay compensation for it. It derives, not from a “real” contract but a “quasi-contract.” See Commerce Partnership 8098 Ltd. Partnership v. Equity Contracting Co., 695 So.2d 383, 386 (Fla. Dist. Ct. App. 1997) (en banc). To succeed in a suit for unjust enrichment a plaintiff must prove that:
1. The plaintiff has conferred a benefit on the defendant, who has knowledge thereof;
2. The defendant has voluntarily accepted and retained the benefit conferred; and
3. The circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff.
See Greenfield v. Manor Care, Inc., 705 So. 2d 926, 930-31 (Fla. Dist. Ct. App. 1997), rev. denied, 717 So. 2d 534 (Fla. 1998).
Malpractice (Legal)
A legal malpractice action has three elements:
1. the attorney’s employment;
2. the attorney’s neglect of a reasonable duty; and
3. the attorney’s negligence as the proximate cause of loss to the client.
Law Office of David J. Stern, P.A. v. Sec. Nat’l Servicing Corp., 969 So.2d 962, 966 (Fla.2007) (quoting Sec. Nat’l Servicing Corp. v. Law Office of David J. Stern, P.A., 916 So.2d 934, 936-37 (Fla. 4th DCA 2005)).
A legal malpractice action must be brought within two years “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence,” § 95.11(4)(a), Fla. Stat. (2002). In cases that proceed to final judgment, the two-year statute of limitations for litigation-related malpractice under section 95.11(4)(a), Florida Statutes (1997), begins to run when the final judgment becomes final.
Larson & Larson, P.A. v. TSE Indus., Inc., 22 So.3d 36, 39 (Fla. 2009)
Great stuff! Way to stay in the fight. Comes down to basic definitions you’ve highlighted. See my post for New Century good example of arguments.
Yes, I think we have the best chance of success acting as plaintiffs rather than defendants. Put in your checklist a good faith meeting to resolve your issues before taking up the valuable time of your district court. Unfortunately PHH missed their meeting with me that I had invited them to, and I had to fine them 5000 Bitcoins to add to my damages. Also copy your action to the Consumer Finance Protection Board and give the US attorneys a chance to prosecute the crime. Who knows, they can only say yes or no. If they say yes, and you are the first respondent, you will receive 15-25% of the judgment. If they say no, you just proceed on your own, having done all that a responsible citizen can do. They have 90 days to respond yes or no.
Supposedly Fannie Mae is the investor of your loan , but Fannie Mae is a cover up for the owner of your note I would look at the endorsements on the note, but that’s another lie. Chances are the owner of your note is the lender. Who does the note/mtg say is your lender?
Can anyone tell me why the master in equity and foreclose attorney’s use Federal National Mortgage association, as the plaintiff, when they want to bring you to court to set a sale date? The originator of the loan was entirely another institution? And with no proof of acquiring the loan. I thought Fannie Mae / HUD / federal government can’t foreclose on a property.
Oh Al…”they” can do whatever they want, legal or illegal! It’s like finding out when we were kids and believed in Santa Clause that he’s not real! Same here…we have no rights and there is no justice for all…only the 1%….Vote different next go round….this is killing America!
Don’t just focus on big, bad govt. It seems people are forgetting that the banks actually do lie and are committing the fraud and paying dearly though not nearly enough. Chase got caught claiming they own WaMu loans from purchase from FDIC and will have to cough up over $250k in ONE case fro attorney’s fees the past week. Google it and see if any cases or you may have to go another route to uncover the fraud.
This is the Chase/WaMu FDIC case kalicki-v-chase_$255,000-attorney-fee-awarded_6-14.pdf you can google or go to Victory Over Chase blog
Google your original lender and FNMA and check your assignments etc for problems with MERS etc
Al – the owner and holder of a note can foreclose. Most, if not all, of the loans originated in the good ole USA were sold to Fannie/Freddie since the late 80’s. Some borrowers weren’t even old enough to vote back then so most don’t remember what took place to allow all of this greed to ‘seek and destroy’ the banking system and it’s means of regulation. Anyway, once the loan was sold to either Fannie or Freddie they ‘owned’ your mortgage. Yes, there is supposed to be the proper assignments but under UCC which is Federal, the possession of a note is considered fair game in foreclosing depending on what state the property is located. Going by the note (copy) in your possession will NOT determine who the current owner of the note and mortgage are now. However, you can make a demand upon your current loan servicer (whom you make your payments) via a letter and ask who is the owner and holder of your note and mortgage. Servicers, who only collect payments, cannot foreclose on a property or initiate foreclosure proceedings. They are required under current law to disclose to you any such information if you make a formal request. If there is no trail whatsoever on the chain of ownership for the note, I would suggest you file a motion to determine how/when the Plaintiff acquired your note and mortgage. If you don’t question that chain of ownership don’t think for a minute that the Judge is going to question it. They don’t and really hope you won’t! And when you don’t question and file motions is just what they want! It’s the ones that stay quiet and do nothing that the court system loves the most! Easiest and shortest way to steal more homes!
Another side of the greed, lawyers defending the scumbag elite feel free to comment, reporting fraud by the little guys mostly it looks like
http://mortgagefraudblog.com/
I read that too and for the moment, I felt the same as you, but it is up to us now to make others aware onthis unjust attack on hard working American people and make sure this never happens again. We know now we can never trust our government or the “ruler” of govt.
Don’t trust those that are buying our government and destroying our democracy from BOTH parties the past 35 years. Although we saw this 100 years ago but our education system is also being destroyed and most Americans think Democracy is about free checking!
Jamie the Crook Diamond has throat cancer and will be irradiated shortly. I hope he is arrested even sooner….the sooner the better. What a sleazebag traitor to the American People…
NY…when will you learn…greed and a guilty conscience = cancer and cancer will kill him….fingers crossed. People….good people lost everything and some fell ill and died from stress….being robbed.
Q: How many TBones can one fraud meistro eat?
A: 0…..choke on your fraud Jamie…the World hates you and Steve Kandarian……you C-uh ohs….are all the same. Zeroes…..all of them.
Jamie…..you did this to yourself…it is your Karma….the beginning of your end….and America treated you well….greed kills…eventually.
777
has the florida supreem ct ruled yet on the 5th aplt about statute of limitations?
Great talk with David today, inspired me to do some research.
Interesting look back at Chase being made out to be the victim, comments nail it.
http://www.forbes.com/sites/robertlenzner/2013/08/28/jpmorgan-should-not-have-to-pay-for-the-sins-of-bear-stearns-and-washington-mutual/
David, Just sent you email.
Ok will reply
David
I’m glad to see the board is back up and working. I was having trouble posting a few days ago.
Does anyone on here have a federally backed loan (Fannie or Freddie)? Is anyone familiar with custody laws regarding the notes that Freddie and Fannie have invested in? Must they be in possession of the note, or may the servicers be in possession on behalf of the investors (which in this case would be Freddie and Fannie)? Furthermore, must those notes be endorsed to Freddie and Fannie? If so do you have any examples of those endorsed notes as used in prior cases?
Way ahead of you all on being sanctioned for telling the truth….
From a foreclosure defense attorney in Florida (who posts on this site).The defense in this case is that the lender never applied payments for 22 months….ready for this?
“You must understand just how aggressively the courts are pursuing foreclosures with only one goal; grant foreclosure judgments for banks.
I don’t know whether you picked up on the overt hostility against us in court yesterday, but the hostility and anger directed at defendants and defense attorneys is like nothing I’ve ever imagined in my worst nightmares.
I can tell you story after story of gross examples.
I’m fairly certain that if they are advised of your payment defense they will come back and say, judge we’re just going to waive all the interest and payments missed, give us a sale in 30 days and the judge will grant this.
And you can just forget about appeals.One of the main forces behind this attack on consumers is appellate courts that just do not want to consider any of this any more.
This is the hard, cold truth.”
All you have to do is assert the fraud defense which changes
Jurisdiction to federal court pursuant to federal court rules of
Of civil procedure
Then file a claim under federal law fdcpa
Screw that florida judge and there is nothing
The local judge camn do about the above
The legal doctrine for this is. A long latin name i dont recall
Am not a lawyer and am just stating facts not giving legal advice
Always check and pursue competent legal advice
David
You all in florida should pursue your claims and defenses
In federal court not state court
There is no judicial system in florida
It is gone and gone forever
0
@ David Franklin – you talk about asserting the fraud issue – how can the payments not being applied be determined as fraud? Fraud must be proved by showing that the defendant’s actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.
The mis-application of mortgage payments an action; not a statement.
Any suggestions on how to tie this into the first element above to quantity as fraud?
Hi Bobbi
you are right
however in my case chase did the same thing
Fraud also involves in your case and mine stealing
of mortgage money that belongs to the investor
Misrepresentation is another form of fraud but do not
have to prove intent
To not apply your payments is a violation
Of the American financial accounting standards board
regs for mortgage payments
Also your payments include your money for taxes etc
That is your money not the investor
To as steal your payments and escrow funds may be prima
Facie evidence of intent to defraud you and not allow
You to pay off your debt that may be cons trued as extortion
This is not legal advice and am not debating as it you Bobbi
Always get licensed competent attorneys to help you
As I have said before debating here is worthless talk
We need to take these complaints to capitol hill and
public interest groups and media to clean up our banks
What chase has allegedly done is kick the ball down the road
By creating balloon payments on first trust loans date
Due in 2037 ) with no disclosure or application from homeowners
David
And most of us don’t even know it but chase screwed.
up via their whistleblowers employees and sent me the notice
Twice
THE MEDIA WILL NOT REPORT ALL THE ILLEGAL ACTIVITIES GOING ON WITH THE CFPB OR THE 50 ATTORNEY GENERALS!! THE BANKS OWN THE MEDIA….YOU HAVE TO FILE FEDERAL LAWSUITS AGAINST THE BANKS..BE THE PLAINTIFF, NOT THE DEFENDANT, THE SYSTEM IS RIGGED!!
The court could view that as one sided. You have to always let their attorney know when you are communicating with the judge about your case, although their attorneys will try to sneak and do things around the homeowner. I am reviewing my file more often now that I am pro se. I see something’s in the file like a “verified mortgage complaint” Is a joke and claiming I have not made a payment since 2009. I am so going to throw chases attorneys under the bus
Consumer protection responses are never any help. I have complained so many times. Maybe the media needs to see how they respond
And then maybe they will take our complaints seriously
Exactly! Sales may have been stopped in my case but I can’t believe they are following up on broken laws as they claim. If you have any out and out lies we can share aside from the legal questions let’s do it.
Agree. I am going to see where our message will hit the hardest. Also the attny for the chasemdlsettlement is not really helping. They have been paid. I have ask for them to monitor my attempt at another modification and all I heard were crickets
Thanks David, will do. I am getting calls around 6or 7 in the evening since I have started modification process for the umpteenth time. They r claiming to have better follow up with the process now. I am not afraid of their attnys. They are jerks and I have no intention of backing off in the courtroom either. I just wander if they could get me for contempt and I don’t see how as long as I am being reasonable and not emotional, but it maybe one of their scare tactics to shut a homeowner up especially in the corrupt florida courts
We’re not the “crazies”. They r well aware that we know what they r trying to pull. Can a person be held in contempt in a mtg foreclosure lawsuit. If the homeowner is speaking the truth
In a normal tone, how can there be contempt?
When I sent a letter to the judge in the CRIMINAL complaint against ME, just trying to explain my predicament the response was pretty chilling, basically warned that sending letters could get me in trouble after I reviewed with public defender. The City’s manipulations could be seen as they filed lawsuits on everybody BUT CHASE. I kept at it and now they filed last week, who knows why now. I’ve made a contact in the City Attorney’s office so we’ll see how it goes.
Can u be more specific about chase claiming u r an Internet “crazy”. That sounds crazy in itself. I did get a letter from chase saying they would no longer use texting to a customers phone. Go figure on that one. I have never received a text and they absolutely refuse to email at all. I’m sure due to liability. Their customer service is not the brightest bunch
hello LMS
beware of chase phone calls from their mobile banking unit out of Houston texas which is a euphemism for their mortgage default management group being run by s.v.p mike zsarro who uses the law firm morgan lewis and nebius (not sure of the last name spelling) out of Houston texas who doles out all of the foreclosure work from chase.
chase harassed me by phone about 50 times by phone and letter in the month of april and after picking on me in relation to the lawsuit at http://www.chase.mdlsettlement.com they then turned on my attorney here in Vancouver wa near Portland Oregon and harassed him by phone for about two weeks. in my case the harassment started at 7 a.m and ended at 7 at night.
I suspect that more and more chase employees are going t o go berserk and more and more are committing suicide in Europe and here in the u.s.a. as well
and a reg proposal has been entered at the u.s treasury dept to cut of irs whisteblowers who blow the whistle on income tax evasion o n the big banks.
that is currently pending.
the source for that is the national whistleblower center in wash d.c. via email notice.
I had made follow up complaints to the CFPB and QWR responses demanding they explain all the variations of Chase and MERS info etc and made a demand with the trustee regarding homeowner bill of rights/settlement requirements as to chain of title and single point of contact etc. Their correspondence was basically lies on top of lies with example I show on file sharing site.
It’s a long story but all of a sudden the trustee was out of the picture and I was told to only speak to their lawyer in Irvine, CA. The guy made no reference to all my correspondence and said it was all internet gibberish. The emails are pretty comical but in the end he tried to tell me only he could change the sale date and I demanded he prove that he had standing and could act as the trustee and to stop the personal attacks basically. I reminded him he was violating the HBOR as well reflecting no knowledge of my case. Almost as he was telling me the sale date would not be changed I saw on the trustee web site that the sale had been changed.
Turns out they were filing a new NOD after 5 years.
Lo and behold the guy ends up writing some HBOR piece on an industry blog.
Lately in LA area lawyers are actually offering to take cases on contingency. I had a great conversation for nearly 2 hours with a young lawyer but once the office manager got involved it all went south. The guy looked disgusted when I showed him the misleading offer Chase made and tried to dismiss it as too old because he was looking at the note date. The lawyer was pretty amazed at my case but the manager guy almost repeated ver batim what Chase had said that cases like mine are crazy internet stuff. They also basically told me the courts in LA county are corrupt. Basically a bait and switch not necessarily from the lawyers that are trying to do their job but from the main partners and the office managers to bring in the cattle and discourage lawsuits unless it’s easy or a modification.
You’re right it is crazy. It’s as if they will say anything to not acknowledge the facts and stick to the line that all this fraud and lies are all in our head when it’s all there in black and white. I’m sure every one of us has these types of examples if you’ve been doing complaints etc. which has a greater impact then talking abut securitization etc. Of course people need to be educated so they can engage these clowns.
I keep thinking of an article that said agencies, elected officials, judges etc were told that homeowners could not benefit. This is the basic mindset that needs to be changed and it won’t be done in the courtroom.
The other part of this psychological war is that lawyers, judges, the lenders themselves are saying we’re just a bunch of internet crazies. That’s what’s been happening to me the past 2 weeks and I can document Chase saying that.
So we need to make the fraud public and stay focused when we’re making public statements.
Hopefully you’re all not on wild goose chases or you’re not with the banks trying to create them.
hello Chased LA
it seems that uscfpb mr cordray’s agency that takes our complaints via their center in iowa and in the southwest usa are allegedly derailing our complaints to the us cfpb with a little computer trick calling our complaints duplicate complaints. this happened to me twice including my allegations that chase may be committing federal income tax evasion from pocketing our mortgage payments under the guise of loan modification. loss mitigation and / or dual tracking. they have done this to me and I am not even behind and five payments ahead and their whistleblower chase employees have sent me docs to show these allegations may be true.
I would love to see your documentation CHASEDLA and what chase is saying. I have filed criminal charges against chase senior execs that run their mortgage operation with the us cfpb for extortion of me and grand theft and grand larceny of my mortgage payments to pay for their whores. parties trips and more importantly their $ 40 billion dollar legal bill with no legal authority to do so and not paying income tax on these monies. these practices MAY EXTEND TO WAMU LOANS METLIFE LOANS AND BEAR STERARNS LOANS LIKE MINE.
IF YOU WANT TO SEND ME THE CHASE DOCS I WOULD LOVE TO SEE THEM MY EMAIL IS blackvan@yahoo.com
best regards
David Franklin
Hello David, ol Hammertime here don’t know why it came up ChasedLA. Have you received emails for file sharing site? I’ll try to get letter I rec’d in next couple of days after editing prob over the weekend. The site is the a way to make sure we’re dealing with real people. I’m in crunch time and would be good to know who you’re talking to at Chase. I’m at the core of the onion and it stinks and is corrupt all the way through. I’ll email you again as well.
This is where I think we fall into their trap. If we can focus on the fact that you are five payments ahead should be FRONT PAGE NEWS! Whatever happened with the investigative reporter you reached out to. Did he see that?
I have started emailing the media starting with Rachel maddow on msnbc.com her email is Rachel@msnbc.com and abby martin of rt.com and rt.com hostess on boom or bust banking show on satellite tv for rt.com.
we need publicity and bugging uscfpr via letters to senate and house banking committee for more enforcement and arrests like when bankers were arrested (3500) during the savings and loan banking crisis back in the eighties.
these guys need to loose their jobs put in prison and their property and assets seized since they were gained from the operation of a criminal enterprise allegedly and all derivative hedge bets and credit default swaps all $ 500o trillion of them cancelled that are taken out by chase andothers against homeowners where chase makes up to 43 x the face value of the mortgage upon possession and eviction of the homeowner through foreclosure using predatory mortgage servicing practices allegedly.
regards
David Franklin
Great! If we can put together these 3 or 4, more Chase nightmare cases on here together, not legally, but as a publicity project could have a strong impact. I have some local media contacts and there is great coverage on Bloomberg. I’m reaching out to one of their reporters.
If we can get this together can approach 4closurefraud and other groups.
If we get the facts out there, as in our cases, pressure will build. Cantor lost because of his opponent’s focus on cronyism not just about immigration. We need to knock over a crony cow on the Democratic side!
He ignored it
David
I believe that is one of the judges with a alcohol problem. You can always use that as a defense. I think she is off the bench and in treatment. Tom. We do need monitoring in the courtroom. Witnesses are always advantageous especially in this crooked mess.
In Florida courts, all foreclosure cases must be tried IN OPEN COURT by a judge – no jury is allowed, unless there is a counter-suit in which case the judge will bifurcate the cases.
Judges are allowed computers but they MUST be off to the side in front of them so they at all times can see the plaintiff and defendants podiums. The public is, by law, allowed to watch EVERY part of the proceedings except for sidebars and chambers issues which are to be procedural ONLY..
During the defense of the case, the judge was GLUED to her computer screen and clearly reacting to and interacting with IT.
There were seven witnesses.
THIS is why we need to get involved with others cases as well as our own, and be activists on behalf of ourselves as well as others…
Bobbi Swann….I would like to connect with you as I am in Pinellas County Courts as well and Judge Pamela Campbell facilitated false and forged documents from an unknown bank allowing the foreclosure to be obtained. She is beyond unethical…there was never one hearing…just her own order to go to Trial? People should know that they will not get a JURY TRIAL because 12 American’s will see the fraud and rule against these unknown banks stealing our homes. Nor are there Court Reporters and trying to find one that does not work for the banks is beyond difficult!! We are being so screwed by the very system we were taught to believe will give us the Justice our constitution entitles us to!! please email me at elyse@gte.net
Lyynps – You will never get a jury trial on a foreclosure here. For one thing, it is stipulated in your note and mortgage as non-jury trial. Second, foreclosures are civil actions while jurys are only for criminal actions (at least in Florida). I am sending a motion that was filed in another case against this same Judge for misconduct and removal from the case. It reads just what happened to you. There is a court reporter in the St.Pete central court house now being used and you pay dearly to get it transcribed. There isn’t one in Pasco especially if you have a hearing in front of the Judge and it’s in his office. I have found that somewhat against the Rules of Civil Procedure but going through the FL statutes is like trying to find a needle in a haystack and so far I’ve not found anything to the contrary. However, if you turn around and file suit against the bank in a higher court (criminal charges) you WILL get your jury members. I do believe that filing for punitive damages, etc. will also fall under the criminal courts. Look for my email.
Right on Trev we have to fight for our little piece of the Amercan dream and I know everyone will. Fight on!
I spoke for over 30 min yesterday w one of MetLife’$ Corp attorneys. …he called me back and I told him everything…..even the $# I would accept as ‘settlement’. It was a big number…..’zilla big.
Si…..we are winning. He was very clear to me that MetLife is ‘no longer in the banking business’….life insurance. ..annuities. …etc….but no mortgages….no bank accounts….they were caught.
That in itself was/is a victory of sorts…..
Never give up….never give in….never…ever…EVER!
777
Go trev
Chase has all metlife loans now
And are being foreclosed on by chase fraudulently
Regards
David
CHASE/JPMORGAN=EVIL,liars,thief’s,100%in front of the destruction caused to destroy ”American Dream”they are giants using our backbones,sweat,sacrifices,as their legs to stomp us into utter chaos while stealing all worked for,,,2big 2fail???I BEG to differ!!!!!2 GIANTS being fazed out,Freddie/Fannie because of people like us:-) all evil will come into the light,& we will SHINE:-) ANYONE,EVERYONE dealing with chase,dissect EVERY piece of paper to/from them,,the ”fraud”is everywhere,they WILL contridic,& overwhelm you in nonsence,keep everything,– USE THEIR WORDS/NOTICES AGAINST THEM…paper trail,paper trail,paper trail!!!!!!!!!=====better defense/ammunition….I’ve been fighting chase now since 2010,& honestly I’m just getting warmed up:-) & what I’ve came to realize,NEVER,EVER,EVER give up/lay down,,,I was ”wronged”on soooo many levels of pure deceit,I’ve felt a ”flurry’ of emotions,including ”oh no they better dont”’2 FIGHT FOR MINE:-) there is NOTHING good about chase,NOTHING!!!!so if approached as a 1st time buyer on which entity(bank)& chase appears,RUN….don’t walk away,RUN,,,HOMEOWNER’S in today’s world/ways are/will be on the ”ENDANGERED LISTS”/EXTINCT & chase is a main POACHER!!!!!!(
@angel – could be good to compare notes, contact me here
http://teamupsignup.weebly.com/
and never be afraid to take your case to a JURY.
However, one word of warning…in settling, you MUST be reasonable. It must be a WIN-WIN for everybody. If you become as greedy and unreasonable as the Banksters, you are no better than them…
the other part of the problem is to divest ourselves of the two party monopoly running the government and courts – so run or recruit good people for office and support true independents and work hard to get party-voters to join you in the effort !!!
I would like to see party registration numbers going down to <bLESS than the number of independent voters in every State if the nation – who’s with me on THIS !!!
Tom is this your first modification. Yes beware of the final modification papers as they add on so much on the back end and try to refer to it as principal. They will steal every last cent of equity you have in your home. It’s a joke or they think we can’t read. I am still waiting to see the result of this class action. Chases attnys are trying to set for trial They r trying to weasel me out of this settlement. Of course I have no intention of letting that happen. Their so called delinquencies that they want to stick on the back end of my loan better disappear or they will once again be in breach of an agreement. I will contact the judge. What good is any of this if the homeowners r not benefitting.
CONGRATULATIONS !!! We here are having success by PUSHING PUSHNG PUSHING.
Our GREATEST WEAPON is DOCUMENTING THE TRUTH…the bastards head for the hills when it looks like a low flying cloud is hovering over their heads !!!!
DON’T STOP NOW
remember…a Grand Jury would be GLAD to see and hear your case and documents..thats where ALL of us should eventually get in front of with this…AND the media of course
I meant to say “…a LOW FLYING COW flying over their heads”….LOL
i noticed in court yesterday, Brevard co. is doing the same as bankers with their judges, rotate them untill no one knows what is going on so they can snow job the whole court system with” will they did borrow money.” there is no justice
Actually, rotating judges is very good for us !
It brings fresh looks at what’s going on…some of our best victories have been where these new judges look objectively at the facts and at the law and apply it CORRECTLY !
AND when a judge is rotated, it can mean they have been caught at wrongdoing. Remember I filed SUIT against the judges of Broward County and a specific complaint against Judge Imperato for playing on her computer instead of paying attention to what was going on during the defenses presentation of their case – which the plaintiffs counsel agreed they screwed up and they had no case – even though Judge Imperato found in favor of the Plaintiff after the defense rested. What an insult of the legal system !
IT SHOULD BE OUR GOAL to install court watchers in every foreclosure case in the nation to catch and document EACH INSTANCE of judicial misconduct, and file complaints.
WHO’S WITH ME !
@ Tom Heinrich – I don’t know about your court system but here in Pinellas County, FL the judges sit about 3′ higher behind a desk than counsel. Tell me just how anyone is able to see if a Judge is on their laptop or even see what a Judge is doing on the computer or not! Every Judge here has a computer in FRONT of them. Who can see that? And you can’t get behind the Judge or those bailiffs that stand on either side is going to stop and/or put you in contempt. How could you have possibly proved your point “..a specific complaint against Judge Imperato for playing on her computer instead of paying attention to what was going on during the defenses presentation of their case…”????
hey Tom H., any case law of successful RICO claims against banks by homeowners? abuse of process?
yes !!!! a growing number
I would have to be an Idiot to vote for another Republican or Democrat
and so would YOU.
You all know I have done six and a half years of extensive research into the fraud the government and banking industry have foisted upon the World.
Now comes the VERY ugly truth that all the ‘programs’ to ‘help’ borrowers really serve to benefit the ruling clique financially, as did running mortgage debt up to an unsustainable level and then crashing the system…it wasn’t by accident, it was ON PURPOSE.
The “fed” printed the money, ‘lent it’ to the big banks to distribute through puppet originators then purchased the paper and put it in a huge hopper called MERS where anyone could take out anything they wanted and claim it and even CREATE the documentation of the transfer. No one owned the paper, yet they foreclosed to get free real estate and wind up with insurance funds, resell the property and pocket it also and have as many “DEFICIENCY” judgments they are still owed by borrowers with NO PROPERTY.
FRIENDS, THIS IS CRIMINAL RACKETEERING, and we need to insist ultimately that all of the individuals be imprisoned and Americans FULLY restored to owning this real estate and an equitable resolution reached over this artificial, only on paper, debt.
I thought my foreclosure was over, the judge inactivated the foreclosure case and the self-professed servicer agreed to more than according to the HAMP guidelines. Now, just prior to my third and final ‘trial’ payment, it turns out the clique has set it up that those with Social Security income such as myself, have their income calculated at 125% of their Social Security – FAR more than adding the amount of withholding,unemployment Medicare and Social Security contributions to get the equivalent GROSS income of an employed person !!! The resulting payment could be far more than the scheduled payment. PLUS they can charge more than the current prevailing fixed rate, put a huge balloon payment after making your loan a new 40 year loan..increasing the yield on the loan, and COST TO YOU, to FAR more than it would otherwise be !!!
In addition, Wells Fargo acknowledges they have to answer to the Consumer Financial Protection Bureau over my formal complaint but THEY ARE IN DEFAULT OF THEIR REQUIRED TIME TO RESPOND.
Any question we need to dismantle the banking cartel and remove the crooked legislators, regulators and judges ???
You all know I love to do research and discovery and uncover the documentation of the truth.
Anyone liking my help in YOUR matter, I would love to assist in any way I can !
Tom
Im fighting chase on creation of loan
I never applied for with a balloon of 313000
Dollars in 2037 no mortgage statements and extortion
Of me to pay mortgage payments teice for same month and year
For nine months and first payments disappeared in chase
Pocket
I filed criminal charges against chase with uscfpb twice
Includimg income tax evasion under federal law
Regards
David Franklin
Tom – As an originator you can only gross up SS and or Disability income IF you don’t report that income on your tax returns. If you do report it on tax returns they CANNOT gross it up the 25%. The reason that is allowed is because as a ‘tax free’ income it really had more spending power simply due to the fact that it would be considered tax-free monies. If you do show this income on your tax returns you need to inform the lender that they are in violation of Fannie/Freddie and HUD guidelines. What they probably did was gross it up just to have you ‘qualified’ under the HAMP program with the higher mortgage amount. HAMP does have guidelines on front/back ratios so gross income plays a HUGE part in getting you approved. AND remember with these modifications they are actually adding back in all the fees, accrued interest, proper inspections…on and on with their ‘fees’. The mortgage balance goes up from the original mortgage while you pay interest now on top of (accrued) interest that was added to the principal. That 5-year adjustment is/was in ALL HAMP modifications! It was just that people never read the fine print! They are a disaster waiting to happen….and let’s see since the first ones will start re-adjusting this fall. Most of them will default (again) and 90 days later we are going to have another onslaught of foreclosure filings all over again all across the country. Obama can go on national TV and spout how he’s helped the economy and the people….all the while lying out of his arse! January, February & March of 2015 are going to be critical months. Personally, I think we are headed for another ‘meltdown’.
My income is solely from Social Security right now since I was in the mortgage industry and had my savings and retirement completely wiped out in the crash, otherwise my wife and I would still be traveling all over the world as we had planned.
Thus said, you know why I have superior knowledge and motivation on what’s going on. If my income WERE taxable as an employed person, it would be approximately 112%, NOT 125%. I would still qualify and my payment be substantially lower. They ALSO used the payment that was shown on my CREDIT REPORT, which was way too high, THEN they added my HOA and insurance on top of THAT wrong figure, so I have many issues to take to court if we do not work out the proper affordable payment, including filing on behalf of ALL SOCIAL SECURITY recipients that have been put into, or denied, modifications. This is FAR from over !
I have dedicated my life to full-time employing my efforts into making the world a more equitable place for all to live, and that means changing the worlds banking system to be run by good people, not criminals. There ARE MANY OF US, INCLUDING THE FORMER WORLD BANK GENERAL COUNSEL, DEDICATED TO THIS, all over the world…this is NOT a United States issue at all These people finance the WARS all over the World, for the profit of a relatively few people, as they do the drug trade..their goal is to leave everyone, every business, and every country deeply in THIEIR debt. THIS is World War III. I wish EACH of you were working right alongside me and the others in all our efforts. Contact me if you are willing to spend some time on what needs to be done ! Until WE get as organized as THEY are, it won’t change. Criminals belong in jail, NOT running our banking system and governments.
Okay, if you worked in the mortgage industry you should already know that the 125% gross up is standard and if you qualify on ratios without it then fine, have them remove it. As to the (mortgage?) payment on the credit report why would that be a basis, why not the promissory note that spells out the P&I payment? If it’s an account other than the mortgage (i.e. revolving debt) for a debt that is being used against you you can simply submit to them the most current statement for that account with the current payment and they will change the payment amount. That is also standard practice in underwriting. HOA, real estate taxes and homeowner’s insurance premiums are ALWAYS counted in the total PITI payment for qualifying. That has not changed in 40 years. You may pay the taxes and homeowner’s insurance outside of the mortgage payment as long as you are under an 80% LTV, yes, but they are still counted in the total. HOA fees are also counted in the payment as they too are part of the overall mortgage payment even though you do pay them seperately. HOA’s have immense power when it comes to properties and esp. in foreclosures to protect their fees.
If these escrowed items is one of the basis for your argument as to the ‘wrong’ payment you may want to consider backing down on this issue. They are correct. Remember, adding those items in the PITI (including HOA fees) could put you over ratio UNLESS they gross up the income. You may want to check your calculations again to make sure that you do qualify without the grossing up.
Good Luck!
Tom…..it goes without saying, I am in this war…and it is wwiii…a war on law…courts….property rights….and you ARE 100% dead pan on….there are those who value a balanced and fair tea leaf scale (read: respect for common law…no fraud in the banks)….more than money…..in Asia it is called ‘face’…’honor’….and when you and I bitch about hundreds of thousands of $in losses…..these Asian dragons and Scottish dragons lost tens of billions….trillions even….numbers so large they mean little to the average citizen….and to lose ‘face’ on top of that…..to have received only $6 worth of tea after spending $60000….after being cheated….these kings/dragons/pharoahs….these ‘forces of counteraction’ have convened….are reviewing under counsel. …yes I mean ets…grays….queens…et al….the scales of justice were molested…..and now the FBI is being told to bring in the RICO Teams…..rotating judges is good….if justice is perverted in America…the dollar crashes….if the dollar crashes…..well….the super rich are 30-75% poorer overnight…..the dragon has our uncle sam by the BLS…..in Asia they call it ‘saving face’…..in the United Kingdom….(king dom)…only fair banking scales are tolerated….pound for pound….so without further ado…and ‘I do’….count me all in. What I have is 3-5 hrs a day to spend on my lawsuit and helping others…..if I set up a bank account ‘Bank of the West’ in Boise….and if people can donate to it….I could hire….pay….ask others to research…copy….mail….file…..outsource….I can run w the big dogs but I need a modest budget and some (2-3) helpers….honest and dependable assistants. …I would like to pay them $15-20 / hr….. see where I am going w this……if anyone has a rich uncle who wants to help our cause….have them reach out….divide and conquer sure….unite and destroy for good…destroy fraud for good…for The Good. 777
Looks like the bankster’s wish list is being put into law
http://www.uniformlaws.org/Committee.aspx?title=Home%20Foreclosure%20Procedures%20Act
http://www.uniformlaws.org/shared/docs/Residential%20Real%20Estate%20Mortgage%20Foreclosure%20Process%20and%20Protections/2014am_hfpa_draft.pdf
i too am having problems with Bank of America Acris NYC DEPT OF FINANCE notified me they recorded two documents a mortgage and an agreement against my stolen condo trying to hide a mortgage they issued and flipped to investors from Ginny may;
The illegal flip reads from Frances B Turner a straw buyer to a Patricia Byrnes who i discovered was a worker at MERS
MERS DOES HAVE SOME WORKERS
TITLE RESOURCE GROUP
3001 LEADENHALL ROAD
MT LAUREL NJ 08054
I am trying to find out if RASC Series 2006-EMX1 Trust is still active. I got as far as the SEC Website which states on 1/12/07 a Notice of Suspension of Duty to File Reports form 15 was filed under Rule 15d-6. I called the SEC to find out what that meant and all they could tell me was that after that date they have no idea what happened to the trust or if it even still exists. I need to find out if this Trust is still active. I am currently in an active Bankruptcy and this could help me greatly if I can find out if the trust still exists. I can be reached at 443 677 2799 or jsmith5915@msn.com. James Smith
James – check out this site: https://www.moodys.com/credit-ratings/RASC-Series-2006-EMX1-Trust-credit-rating-400040335.
It appears that maybe Bank of America took over as the custodian of this trust.
thanks David that isa good idea and will do.
Welcome
remember kids….america (the world by defacto) is run by 51% of 33%….the other 66% don’t care….I’m in the other third…. as much as I despise greed, $loth, fraud….I still need some greenbacks and a roof for my woof…Penske won’t take beads…also remember…I helped get 4.2 million a small check…..an insult….collectively it is:is time. Last round so to speak…..give ‘er all she’s got c’pain…. yes THAT story….
OK — here’s hoping this comment works.
Our servicer has filed for foreclosure. We will be served any day now. I am eagerly awaiting the process server to see what sort of documents they submit. I contacted the government agency that owns our note in the past few months but of course the “left hand doesn’t know what the right hand is doing,” as ALWAYS. They said they contacted our servicer for them to send a mod packet, but of course that never happened. So our court battle begins.
Sounds like you’re where I was at in January 2013. Write down everything. Record all phone calls, or better yet, don’t talk on the phone. Make them write, sign and date everything. Chapter 13 will freeze your assets for 5 years, and you decide on the exit plan. File a complaint with the CFPB. File a criminal report with your local FBI. Publicity! Publicity! Publicity!
testing 123
haven’t been able to comment for some days now
got my notice to set trial, laughable that “action is at issue” with a so called “verified mortgage complaint” there wont be a trial anytime soon because I have the verifiable facts. Chases lawyers are so crooked, they r trying to push the foreclosure thru, even with the class action still pending. We are supposed to be getting letters to allow us to renegotiate, but the attorneys are still trying to foreclose, another fine example of dual tracking.
Send a letter to judge stearns in boston fef court
To stop it n copy to local judge
tiny tim got us into this catastrophe. ….
im fighting in court…..for america….the buggys comment was a reference to the cartoon…but losing $1m to bank thiefs is grounds for bad karna….year 7…the love letters were burned years ago….. better wake up people…its showtime.
New York……your greed destroyed my country….where were the life guards….???? Sloth….
Breaching as I stare at my Penske moving truck….yes post fraud closure comes ‘do the rental dance tango….time #4 in 7 yrs….FY MetLife…Chase…
So Bravo David….after VA shake up of late…your ‘status’ holds weight….throw it around. Make the counterbalance sting like a ray….each person you listed…w special ‘shout out’ to the Hon. Richard Courdray and Hon Sen Warren…both of whom I have dealt w directly and was impressed w their responses. They saw the tide shift early…..swung hard…and now get a ‘seal’ of approval…..Ms. Warren would make a fine President….or VP….j’sayn…..they are both old school and new school….they get it…..back them….Bernie too.
If anyone knows of criminal complaints filed in any US State (NY?)against Steve Kandarian…and/or MetLife as a Corp…. ..could you please reply.
Oh….so yeah as of 7:56 pm mst in boise I am…
A. Still suing the trousers off of Stevie…and Jamie…..
B. Still crunching out RICO complaints…
C. Still encouraged by Dave and the 7 pts gang….’quoitens for ya buggsy…coi-tains…’
D. Still alive…..v alive.
Again….freedom of info request…Hitchin v MetLife…Et al…Ringert Law…Laura Burri…Realty Royale… get your copy…..take the ride. 777
1♡. ….
Ps…look up The Dragon Family….US Bonds…..hmmm….good time to rebalance….
Bet hard on Warren….Courdray…good people. With integrity….
Truth will prevail, not eye for an eye a la Gheitner. Hang in there Trev!
Monday June 9
“One’s life does not consist in the abundance of the things he possesses.”
Lk 12:15 NKJV
Living for the Right Reasons
I
t is said that in 1923, seven of the world’s most successful men met at a Chicago hotel: the president of the largest independent steel company, the president of the largest utility company, the greatest wheat speculator, the president of the New York Stock Exchange, a member of the President’s Cabinet, the president of the Bank of International Settlements, and the president of the world’s greatest monopoly. Collectively these tycoons controlled more money than there was in the United States Treasury. Now, fast forward twenty-five years and let’s see what happened to them. Charles Schwab, president of the largest independent steel company, lived the last five years of his life on borrowed money and died a pauper. Arthur Cooger, the greatest wheat speculator, shot himself. Richard Whitney, president of the New York Stock Exchange, spent three years in Sing Sing Prison. Albert Fall, a member of the President’s cabinet, went to prison for bribery. Leon Fraser, president of the U.S. Bank of International Settlements, shot himself. Ivan Kreuger, head of one of the world’s largest monopolies, also committed suicide. If the recent economic upheaval has taught us anything, it’s that money brings neither security nor happiness. Yes, God will bless you with money (See Dt 8:18). And He will do it for two reasons: (1) Because He delights in seeing His redeemed children walk in His blessings (See Ps 35:27). (2) Because He expects you to use your money to reach a hurting world with God’s love. If you keep those two things in mind, you’ll be living for the right reasons.
Thanks, Dave. We all need reminding sometimes.
What we perceive as money is evil. The real wealth is personal happiness.
Enjoy your family.
Anyone having trouble posting?
Well the crap hit the fan afyer i filed extortion money laundering
Grand theft grand larceny wire fraud mail fraud irs income
Tax evasion chrges plus fraud against senior and junior
Emplyees od chase bank and thie exec officers twlo weeks ago
As a disabled veteran bu the VA
With richard cordray exec director of uacfpb in wash d,
.c. all related to my mtg loan i never applied for
Chase went berserk again like they did in april with the fed couer case in
inboston against chase
Chase got into it with my attorney on tje phone
I named chase employees in my criminal compaint
Uscfb delivered to chase on D Day Normany invasion
Of europe
David
I suggest we all file criminal charges against our mortgahe servicers aand
Lenders
I sent copies to
Cnn on atlanta
Sen ellen warren
Sen bernie sanders
Thx
David, I am wanting to file criminal charges as well…we cannot win in the civil courts…it’s criminal for sure! will you forward the Criminal Complaint either posting it here or email me at elyse@gte.net? Please send as I have all my fraudulent docs out and ready, just need to see the format you used????
Hello Idy
Pls go to uscfpb.gov
No special format
Follow theirs
Register as well
Send it on the we.bsite in the text area
To Richard Cordray Exec Director of uscfpb in wash d.c.
And no 2 senior exec
Of chase bank
Frank Bisignano and Kevin Watters
Copy to
Sen ellen warren of us banking committee
Sen bernie sanders of us senate veterans committee
If you or your family are affected buy chase and they
Are a veterana
The more complaints like this the better
We need two million of them
David
By us mail not fax or email
Thx for blazing the trail. Will be my next step as I have more Chase out and out lies. Interesting twist is City filed lawsuit last week. Also made contact wit local candidates so will see how it plays out locally. Let’s keep pushing from all sides! See Gheitner interview to get blood boiling even more.
Hi Trev
Happy Memorial Day to you as well
And many thanks to all veterans who served and
Gave so much
Regards and thanks Trev
David
Did you all know you can get to a specific post by saving it’s link? Right click on date. Prob the last to know!
The fight has been extended. Happy Memorial Day David, Trev!
We need to complain like hell to senate banking
Committee n present our cases to them
And our u.s,. Senators and congressman/woman
David f
Angels LOVE fighters…..don’t worry…what they stole will soon be returned…with interest. Worldwide interest. I want to host a Beat up the Banker Day….on Wall Street.
Main Street v. Wall Street………asking Hells Angels MC to escort the Trunk Show.
I want to hear those pipes rock FretLife……and Steve Kandarian can pay back this victim of white collar crime…..punk. You will feel me Steve…..you will feel me before you ever fn see me…..like ‘Zilla…..I’ll add God to your name……
Fight Club……if this is:is your first foreclosure. …you have to fight!
Remember WHY we honor Memorial Day….Americans Fight their abusers…be they foreign or domestic….. MetLife and Chase shall be sued….HARD.
God Bless…..
Trevor
My battle began Monday. I will be victorious. I will shame and conquer. Thanks to all who have shared your valuable stories. I hope I may thank you in person one day.
Will be interesting to see how a “new” battle goes. If you want to share info sign up here
http://bit.ly/Si8EL5
Good luck!
Ray Shelton May 19, 2014 at 7:49 pm
If you are being foreclosed on By US Bank and or SN Servicing ( Please No Other banks or services please) Please check the signatures on your deed in your county clerks office, if you are sure that forgery or falsification of your documents has taken place then call me ASAP we are going after anyone who has wrong us by forgery and or uttering forgery under the RICO ACT. This is happening now 2014 Please join us. call 352 274 8467 Ray Shelton
#1. Did A Serious Crime of forgery and Uttering forgery take place by US Bank and their attorneys against you ?
#2. The OCCs Cease and desist order signed by US Bank and its Board of directors specifically says that US Bank and its third parties ( Servicer’s and attorneys) will stop this kind of criminal activity immediately and make restitution, but they have only escalated their activities of illegally taking homes in Florida via Forgery and falsifying documents etc.:
MEDIA STORY LINE. A Well known highly respected Florida Notary and his wife who witness the signing of a deed and mortgage have come forward and signed a statement sworn under oath that the signatures on a deed and mortgage were originally signed in Royal Blue. They even went to the Marion County Clerk of the Court and had another notary witness the fact that they viewed the recorded deed and mortgage that was submitted by US Bank and then witnessed that the documents were not sign in Royal Blue. But in fact were signed in Black. It is clear by any reasonable person or most important by Law Enforcement and our Judges, that after US Bank claimed a lost note status for a couple of years, they had no choice but to forge the deed and note in order to have standing in court.
The Shelton family is being illegally foreclosed on by US Bank who has already paid out multi million dollar fines, but no one has gone to jail. Who is actually committing these crimes? Was it DocX or LPS or is it their attorneys? This needs to be discovered and prosecuted by the Feds because it is a very serious issue that is costing the American public billions of dollars in loses. It apparently doesn’t matter to US bank that the homeowner is right or wrong because no normal family can stand up to the money that is used to win by attrition against a homeowner. Who will protect the public and stop the destruction of hundred of thousands of families lives all across this nation?
This is also very wrong because Us Bank and their attorneys may be undermining the integrity of our entire Justice system and the American way of life as it is known today. Will it end up that it is ok to forge our most treasured document without any prosecution by our government? This is becoming a crime wave that is unparalleled in history and America must stop it. Have Multiple interstate crimes been committed multiple times By US Bank and their attorneys ? Should these issues be considered within the Rico Crimes Laws. US Bank has not stopped their behavior, are the fines way to low and they just don’t care because the numbers prove that they can still make huge profits by continuing on the same path? Where is Law Enforcement? Where is Eric Holder? Where is OBAMA???
The Shelton Family didn’t discover the facts about the forgeries until they had already lost in every court even the appeals court. Now that they found out and have proof of forgery shouldn’t all the other ruling be null and void? The Shelton’s are filing a Civil Criminal Lawsuit against the attorneys Andrew Braaksma and Paul McKenna and another Civil Rico law suite against US Bank and SN servicing.
The Shelton’s have filed a bar complaint with the Florida bar against Andrew Braaksma out of Miami and his partner Paul Mckenna for Uttering Forgery and other reasons to be announced. They have also filed a complaint with the FBI and with the Florida Attorney General. They will soon ask the Office of State wide prosecution to take the case. There will also be some press conferences set up to expose the Miami Attorneys and US Bank. Shouldn’t this case be moved up to the Federal courts and demand relief and for the prosecution of the Miami Attorneys and US Bank? To join us please call 352 274 8467 Ray Shelton
Reviewing a family’s info out here in CA that may apply. Will call tomorrow. Thanks!
If your looking to try to make a difference in the coming elections press into Sid Kroft of 60 minute Overtime to see what they know about the PAC slush Funds and who is giving what to who.
.
Good idea. There used to be a web site I thought that showed who receives money from Wall St
Mark
one thing i have noticed in all my years of fighting corrupt judge Alice Schlesinger, even though Astoria Federal S & L admitted the bank never owned my two properties when they auctioned them off and they stated it indemnify indemnify indemnify they did nothing to help fight for justice
for me. They sure weren’t like the Hero Cat that flew into help.
But I do see a lot of plants being sent on these web pages to interfere with our fight like Christine.
At some point we have to take it to another level which is what Tom and I are trying to do so we know who we’re dealing with etc.
hammertime, and Tom etc
why is there a list of hundreds of foreclosures for California and similar for other states on 4closure fraud?
The link to foreclosure listing site? Just a way to monetize the site. Nothing wrong with that since they raise awareness. I’d also ask does anyone look at their depositions section. And you also have regular foreclosures, investor foreclosures, commercial foreclosures that can be an option for those even in foreclosure moving on.
Whoever it is that mentioned that going back to a judges alma marta to show what discraceful ruling he or she are making against our Constitution makes a good point as well as going to William Foley’s alma marta of West Point to show he is ecstatic in having destroyed the title industry and the country land records for the people of this nation.
happy birthday May 18th Jane Shapiro -formerly of James Madison/Cunningham if your still in your house.
It is not the questions you are asking that counts. Its the integrity to the people you are asking them to that counts and the results.
In my case ML v Astoria Federal , in the US Supreme Court case Elliot v. piersol it was ruled if a court has no jurisdiction when they sign a judgment they have no authority and it is null and void ab initio (from the beginning) a nullity forever passage of time cannot change an invalid judgment into a valid judgment. BUT when asked Judge Alice Schlesinger ruled against the US Constitutional case Elliot v pierson and made up her cockamamie answer so it is not the question…
very true tom, they haven’t really heard me yet, but they will .
FnA…… hold the JUDGES accountable….Lord knows 2/3 of them need to go to pasture….they are so corrupt that it would be a gift to the world to expose the filth. No Judge 50yrs old or + wants to be labeled a fraud……w Senate Banking Committee s being looped in…..I say Xpose….Xpose….Xpose….call the Deans of Law Schools…….ask if they hold their alumni accountable when ‘oooopsies’ are made……shame works too….in my case….Federal 4th Dist. . Judge Bieter (our abusive Mayor’s brother…..I know…play theme for Deliverance….low volume)…DID NOT EVEN SHOW to his own courtroom…..he fn dialed in and awarded it to the Bank Robbers….who were also the Bank Lawyers….they use pawns… I had $65,000 in hand….suit n tie on….and FretLife wins……fk fraud…..SO…………..I now report to the World….Laura Burri of Ringert Law in Boise Idaho is being reported for allegations of illegal activity….abuse of power…perjury….THE WORKS……by the time I am done reporting/suing that vipor….she will wish she had chosen a different career path…… JDs are such proud people…..that is until they are not….or shall I dare say….until they are caught!!!
In home ownership…as in war…my enemy’s enemy is my friend….FretLife n Co…my enemies…have MADE many enemies. …I have many ‘friends’…SO making a YouTube short film….will begin to tell the real commercial/story of how cartoons (snoopy) is used to pollute the system…..like the Letter ‘A’…used to sell antidepressants. …you know…the Ambilify poison…and the Doctor w a thick tie 4 ft long…..and the sad lady smiling at sesame street characters….they thought us all fools……until the bear trap slammed shut on their willies….”zilla said he’s taking this all the way to Hong Kong…..will he? Bet your lucky☆s he will …..nobody puts baby ‘zilla in the corner….nobody.
We are stronger together and I don’t mind helping where n when I can….my shattered American dreams can still be used as ra material….for a collage….a warning to future citizens. …there is value in recreating the accident. ..the fraud…the dirty judges…..the Judicial System needs a Caddyshack Cleanse……dump the chumps…dump the chimps….throw bananas at them…watch them slip and fall…..on their own lies……
In the future…..lawyers who lie to ghost judges and ghostly defendants will be ostracized by their peers….will not advance….will be disbarred….will pay restitution. ..will, well, they will wish they had paid attention to the ethics portion of their ‘education’….better UCLA School of Law provide the warnings BEFORE they graduate….in the real world….ethics lessons are much more expensive……watch me charge for tuition….for schooling the bums….FIGHT ON! 777
If we get together we can have an impact on local elections in southern CA where a number of county supervisors, county recorders and judges are running.
I constantly read everyone here is looking for FAIRNESS, and for someone ELSE to do something to help you. BOTH WON’T HAPPEN. YOU have to use THEIR system to FORCE
you getting something acceptable to YOU.
It IS a rigged system…so what are YOU going to do about it.
Here’s what works:
FILE PLEADINGS, MOTIONS, and DO AGGRESSIVE DISCOVERY
FILE EVERYTHING YOU UNCOVER WITH EVERYONE YOU CAN..starting with legislators
ASK THE COURT…ANY COURT..to order the lender and servicer to provide you with what you are entitled to under regulation, law and existing court orders (they will have NO idea of what you are talking about and HAVE to provide you DUE PROCESS AND FULL RIGHT TO REDRESS
GET THE OTHER SIDE TO STIPULATE TO TAKE EVERYTHING OFF CALENDER WHILE THEY COME UP WITH ALL YOUR CHOICES OTHER THAN THEIR HOLDING A FORECLOSURE SALE..once they know you will NEVER allow them to have good title, they SHOULD be willing to agree to a workable alternative. THEY WON’T STIP ? THEN ASK THE JUDGE TO ORDER ALERTERNATIVE DISPUTE RESOLUTION IN LIEU OF TRIAL. HAVE A COURT REPORTER AND MAK SURE YOU MANIPULATE THE JUDGE INTO REVERSIBLE ERRORS. Meanwhile, increase the complaints and demand for damages against everyone else. Draw them all in. NO ATTORNEY WILL DO THIS FOR YOU…you have to…just as no attorney will want to handle this of complex of situation, the other side won’t either…keep making it go deeper…the court will wish to bail out because they do NOT want you setting precedent…the cases we’re winning have GAG orders as part of settlements FYI.
Last few weeks have resulted in several out and out DISMISSALS here in Broward !!
What are each of YOU going to file next. I’ve gone to FEDERAL court for Declaratory Relief.
Meanwhile my pending case is deemed inactive in the Broward courts… one of very few cases from 2008 that have not been disposed of.
Send duplicates of everything to Joseph Smith, Jr ( Mtg Settlement Director ), The CFPB, House and Senate Banking Committees, the FBI, Justice Department, your Congressperson and two U.S. Senators, State AG, Fox News, MSNBC, Reuters, API, WSJ, CSM and your local TV stations and newspapers. You should have PERSONAL CONTACTS with someone at EACH.
AND — USE SUBPOENAS liberally, and make friends with a local Court Reporter who can hold Skype depositions. I guarantee you…they will NOT want to continue dealing with you and the gigantic MESS everyone else is required BY LAW to, and will have to, figure out (as to what all everyone has done WRONG…and its a LOT)….if they refuse sue them as well. FILE FILE FILE
ASK ASK ASK.
Now what are each of you going to
!) file next with the court
2) request in writing the ORIGINAL LENDER, current bank, servicer, investor, MERS, and all their legal counsel do
next
…list it here for everyone AND lets get REPORTS – post whats happening currently on each of our matters and what is scheduled and when !!!!…here’s the problem I constantly see…defendant borrowers are not NEARLY as informed or aggressive enough..
FYI, a judges comments should get that case dismissed and the judge referred to your states judicial qualifications board for disciplinary action.
No youre NOT trying to get your home for FREE ..THEY are, Your Honor, I just want what protections and remedies I’m entitled to as “a matter of law”, don’t you agree I’m entitled to that, and that your Courtroom should not be used as a place where Corporate Crimes are committed ? What stocks do you directly or indirectly own and where do YOU bank, Your Honor ?
Oh, and I have a Disciplinary action against Judge Cynthia Imperato in Broward’s 17th Judicial District Court for improper behavior…she was already in hot water – see what happens
Tom, can you suggest a sample list of Interrogatories and Production Requests? I’m pro se and the judge is allowing me a “peak behind the curtain” via Discovery. Thanks.
I agree that it’s very likely settlements are occurring left and right with no discussion clauses once they are signed. Yes, we should focus on using THEIR system to get relief but for new people learning THEIR system it takes time and takes hundreds of phone calls, letters and hrs of work. Very few are going to get relief with a few calls, a few QWR’s, an attorney working 10 hours for you. That is the sad reality we need to express first. If you’re not willing to put up a good fight for YEARS you might as well give em your house now.
You and Tom are making good points it’s a matter of working together and on all fronts. Individually it’s nearly impossible but it’s been done. Those that have been burned aren’t going to have much faith in filing actions while those of us that have been at it for years can help others starting out. Along with filing actions we have to make our democracy work for us as Tom is suggesting although filing a court action may not be the right starting point for some. After these past few years you can get more information from servicers etc and there is probably a year or less that we can have input. For a person raising children, caring for others struggling to survive it can be overwhelming. If we coordinated enough to get the homeowner message out and got our evidence out in the court of public opinion could make a big difference and shine the light on what’s going on.
I want to do this. I will go this week to court to file my motion. Tom I will follow your guide. I know i have tried filing complaints but they just keep transfering stuff around. I want to know if their is a template i could use.
Update on potential contingeny lawyer/short sale fraud, scam – LIVE
The rep sent me retainer but nothing on the short sale program. I told him I will try to stop the sale other ways (besides short sale since I don’t acknowledge JPMC’s authority etc) and for them to review my material for HBOR, quiet title or other action.
Basically the response was if I don’t act NOW I could be accused of being a squatter! As to questioning JPMC’s authority I need to know what I’m talking about! (although I sent a few archives that appear to show I know what I’m talking about)
I gave them til Tuesday to review my material. Is there an Attorney General in the house?
To clarify and see if anybody has any experience with this. I’m standing firm on not acknowledging JPMorgan as the investor/servicer and view any modification application or short sale application as doing so. CA cases clarified that negotiation in general is considered to be an “application” in terms of settlements, I recall. Chase had claimed that without a modification application they didn’t have to respond etc. I also recall that the settlements require that servicers provide a way to exit the property, such as deed in lieu. Not clear if you are acknowledging their authority in this case or if settlements allow you to exit without giving up your rights or claims under settlements.
Big problem with settlements is that authority or clean title is addressed as any other item when it should be the first requirement where all others follow IMO.
can you post the most senior name and # for your contact at the bank…I mean mob.
I will call on your behalf….put it this way….metlife went down bc of me…my bark has bite…im more agressive than larry wasden…idaho’s worthless AG….. 7 yrs of abuse and its still fn going on….jesus….our AGs ALL suck……leave a number…..email me your account ref #….trevor.hitchin@gmail.com.
Use the Force hammer……can u feel it?
(me too)
Yup…the hammer of God, truth is winding up whether we see it or not. I’ll be in touch. If they don’t respond this week in good faith, city, bank, lawyer I’m getting it all out there, no back door settlement. I’ve gone through every path by necessity or fate so there’s alot to get out there. If we coordinate and do it smart it will be good for all of us and our country. Nothing close to McCauley imprisonment and those that have passed on while waiting for justice but all the lies are there no matter what the bought off courts or laws say.
THE $6 MILLION WOMAN: INTERVIEW WITH MARY MCCULLEY
https://4closurefraud.org/2014/05/15/the-6-million-woman-interview-with-mary-mcculley-freemarymcculley/
just read a very crisp analysis of life in the foreclosure fast lane…complete w crashes…false arrests…fraud here…fraud there….I get it…I guess have ‘000s of pages…hours into this….and ÷ by $6,000….my portion of Independent Foreclosure settlement. ….. I got ‘paid’ like .27/ hr ….. and lost $4 – 500,000 In equity…my credit score…my ‘standing’ in the community….plus plus plus…..
But here is the point(s).
1. It is not over….the fight…so I will not say I have ‘lost’….they stole…I’m stealing it back….tit for TaT
2. I helped in 6 yrs of hell raising…I helped MetLife Home loans end the abuse….pay zillions in fines…..and hopefully helped SOME victims some of what they l Iost…sure most of the ‘soft settlement’ went to ‘consultants’….Rust….and lawyers….but it set 4.2 million victims up for success in the courts….we never ‘gave up our right’ to claim in the Courts….so….having already admitted to $50 million in payments to victims should help a judge or jury see the fraud….think of the 13 Bank Settlement as a black light….it shows the mess….
3. My point last week about filing a Police report is a way to capture the loss…albeit only on paper….for this month….and then send THAT report w a Demand Letter….folks….the tide is changing in our favor…..Trust on that…when untouchables start getting touched….well…that Demand letter and Police Report just may change their tone…..it is the path out of hell I must walk….come along….if you so choose… peace all….watch the Eagles doco….there are moments to stand as a white buffalo….to hold your ground…this is one of those times. Make the po-po take the report…..then get a copy….9/no Step Program. 777
Been looking into that here in LA. With added twist of city government. Going to wait on response and will hit on crime, possible corruption reports. At county level can do judicial complaints that Tom mentioned as well.
sounds like he wants to sell your house, not save it.
Always a direct hit ukg! I get into that a bit below.
THIS IS A TEST – Deal or scam? In So Cal lawyer offering contingency representation. 33% if settled before 90 days, 40 % if w/in 90 days. Only pay for filing costs. Sales pitch is need to apply for short sale program to stop sale. Separate item in retainer agreement for expenses but supposedly nothing out of pocket besides filing. (Want to see if we see same issues with this but want to see initial reactions)
The normal contingency is 33%….so the fact that he changes it due to when he can accomplish whatever is a red flag to me…if you are as good as you proclaim to be, or as smart as I need you to be, you would realize that it is better to offer a deal…say 27% if it takes longer….because truly if you are good, it should be easy for you to get the job done…therefore truly earning the extra percentage.
…and here truly is the truth of the matter. There are very few cases, and absolutely no mortgage fraud cases that would ever take 90 days or less…so to me this is a pad the pocket move for some not so great representation.
Only my opinion…
The other thing your post raised was how we are hearing that there are case settlements we don’t hear about. I have to think that with the extreme cases we have on here they wouldn’t want the bad pub. But that would be in normal world since the lawyer management won’t even look at as they’re going by script on a formula for their business model. I met with a group and they brought in a lawyer and they were impressed with all my info but in the end they brought in this officer manager type who basically muzzled the lawyer! So we’re also fighting the business model that they want volume or a short sale payoff. Hopefully I’ll email you today.
100% scamster lawyer seeking desperate people. People who have been fighting 6 and 7 years know NOTHING is accomplished in 90 days no matter who has who over a barrel. The stronger someones feels their position is the longer the discovery takes to prepare a reply and resolve the issues. We can start spouting QWR’s must be replied to in 30 days by law and filings must be answered in X amt; believe me when I tell ya its all BS.
Thank you for the feedback. Good points on their pctg. I was under the impression standard was 40% but the bigger point as you say Sherry is that they aren’t working by fair market principles they manipulate to keep us hostage.
Definitely a scam by Mark’s response. Thought we were being protected by the AG, task force etc? (sarcasm) Kind of contradictory logic when we look at pctg and length of time. It seems their approach is to take longer from my interaction with rep which would work against their pctg or like you say they are charging for desperation; i.e. if a sale is coming up you have to pay more.
I saw usedkarguy picked upon short sale tie in. Their pitch is legal actions are “free” but to stop sale and not have debt on taxes etc the only option is to apply for a short sale program.
Mark, are you saying even now results from QWR aren’t being used in courts or take too long? This is why my thinking is we need to make our cases public IF we’ve done a good job on getting info and force our own settlements until the lawyers and courts open their eyes or the corruption is dealt with.
I’m going to see if they will separate the two (legal action/short sale) and do a “simple” homeowner bill of rights or quiet title complaint which in itself would stop sale.
If not I would definitely put the scam stamp on them.
This forum has definitely grown in the last year in terms of the information and education it has provided to people who are in the start, middle or end of their dispute. I first of all would however EXTREMELY stress to everyone, DOCUMENT DOCUMENT DOCUMENT. I know it’s a pain to record/write down or note all your conversations or work but it’s very important in today’s battle. I’ve tried QWR’s with very little success. CitiMortgage provided one reply stating a QWR does not need to be answered if the servicing has changed more then 1 yr ago. I was being sued in court at the time by Citi if you look to the court documents but one of the 7 dwarfs who it was sold to with forged documents always appeared in court and judges just don’t care or apply the law even if and when it is brought up and proven with documentation.
It would be great if a court ruling could be posted and used going forward as precedent for identical cases but it’s just such a crapshoot now. For me to post saying the law is xyz and this and that is against the law and you should win based on that is not what it is realistic. Judges are not ruling on law. That is one of the sad parts about all this cases.
There seemed to be a change in responses to QWR first when the CFPB was put in and then when leadership was changed. Servicers are still playing games although I’ve had more response. Then there’s the difference betw those servicers in settlement etc. But what David has been hitting on in a way is that they are supposed to follow up if the law is broken. As far as I can tell in my case they aren’t. But I did get info I had been demanding for over 6 years, blatant lies and signs that their process hasn’t been “fixed”, so worth going through the process.
With the new law on QWR Chase tried to use them to not answer but the actual code contradicted them, as does the code for HBOR that CA lawyers seem to be ignoring.
Been pushing this a little on here as way to share files and possibly build on if you want to send email. Need to get back to Sherry as well but in catch up mode with city etc.
http://bit.ly/Si8EL5
JPMorgan Chase Bank, N.A. v. Butler, 2013, N.Y., Best Judge in the Country.
David
I think if people search far enough they would find many Judges and their family’s also have. stock in Title Companies
@ David
How sad and similar that elderly couples loss of property is too many of us.
As for Bobbi Swann’s reference to me knowing ivent or Stripes I do not know her other from this blog. And what i could see she was on the right side of history in her fight and felt badly that Bob G and Christine worked on a campaign to get rid of her.
If she is back good for her.
David,
its people like you that have our country great and free all these years since our Constitution was written. Apparently more people, everyday citizens have to continually join this fight.
My opinion is that Willam P Foley kingpin of Fidelity Title and its subsidiaries is the organizer and facilitator of all the connecting . parts of this massive fraud He is a graduate of West Point and yet when you connect all the dots between the court, the banks ,LPS Docx his fingerprint is on everything. He has done a good job destroying this nation from inside for greed
.No wonder he is now in the wine business, he can’t live with himself and stolen millions
AG Sneiderman would spend some worthwhile time investigating Foley if he wants an end to this crime wave. .
well here it is about why the judges are so biased against us in court.
regards David
source is authentic.
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Dem Versus Dem in East Bay Con… The Water Tunnel Boondoggle
May 13, 2014 News
Are Foreclosure Cases Rigged?
The financial ties that many judges have to banks raise questions about conflicts of interest and a bias against homeowners victimized by mortgage fraud.
By Darwin BondGraham
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click to enlarge Judges with large investments in Bank of America often do not recuse themselves from mortgage fraud cases.
Judges with large investments in Bank of America often do not recuse themselves from mortgage fraud cases.
In early 2006, as California’s real estate bubble was beginning to burst, an elderly Los Angeles couple, Fannie Marie and Milton Gaines, fell behind on their mortgage payments and received a notice of default from their lender, Countrywide Home Loans. Hoping to avoid foreclosure, the couple agreed to a plan suggested by Countrywide: They would obtain a loan modification provided by a third party, a businessman named Joshua Tornberg. What the Gaineses didn’t know, however, was that Tornberg was the fiancée of the Countrywide employee who made the recommendation. And instead of saving the Gaineses’ house, Tornberg scammed the elderly couple, recorded an altered deed, and extracted $240,000 from the property before walking away, according to court documents.
Then things really went to hell. In August 2006, Milton Gaines died, leaving his wife to battle two banks, a title company, a mortgage servicer, and Tornberg. Fannie Marie Gaines filed suit against Countrywide, Tornberg, and others involved in the fraud. Then, in 2009, she passed away, too, but their son pressed forward with the lawsuit.
The case, however, was tied up in Los Angeles County Superior Court for six years as Countrywide and the other defendants filed counter-motions and stalled. Countrywide eventually reached a settlement with the Gaines family, but the company’s actions, and the alleged fraud its employee initiated, remained central to the case against the other defendants. Further, mediation with those defendants — Fidelity National Title Company, Lehman Brothers bank, Aurora Loan Servicing, and Tornberg — ultimately failed. In August 2012, a superior court judge dismissed the case on a legal technicality: It had taken more than five years to come to trial. The Gaineses’ lawyers appealed, but two Second Appellate District Court judges denied the appeal, tallying yet another victory for the banking industry.
One of the appellate court judges on the three-judge panel that heard the case penned a dissenting opinion. “This case was one of hundreds, perhaps thousands of lawsuits that grew out of the financial meltdown,” explained Justice Laurence Rubin. Writing that he would have reversed the superior court’s ruling entirely, Rubin concluded, “[I]n my view the dismissal of this lawsuit under the circumstances described defeats the substantial ends of justice. Instead, it rewards parties who, it would appear, have played a major and unlawful role in the theft of someone’s home.”
The Gaines case was one of thousands of similar losses by California homeowners in state courts during the past several years. The legal setbacks have demoralized homeowners and their attorneys and caused them to question the integrity of California’s justice system. Some attorneys who have sparred with the giants of the real estate industry say California’s courts exhibit an institutional bias in favor of the banks: The banks are said to be too big to fail and too big to jail.
“My experience was that there was a general institutional bias towards business,” added Donald Adams, Jr., a former attorney who represented homeowners against banks and mortgage servicers during the past six years. “There was a cynicism that an individual borrower challenging a lender’s loan practices was driven by economic motivations only.”
Adams believes that the deference most judges have shown to the banks has done enormous damage to the economy. “Had courts enforced the law against the lenders the Great Recession did not have to occur,” he said. “Many of us were after the New Centurys, the Ameriquests, and Countrywides well before the collapse. Even after the economy imploded, most judges did their best to protect the business interests of the predatory lenders by cynically not wanting to let the consumers off the hook for taking out loans they had trouble paying back.
Homeowners, of course, weren’t the only parties in court looking out for their economic interests. The banks have resisted lawsuits brought under state consumer protection laws in order to maximize their profits from the foreclosure crisis.
But there’s also the issue of the potential economic motives of the judges themselves. For example, the two appellate court judges who dismissed the Gaines case had significant personal financial investments in banks and mortgage lending companies, public records show.
Judge Elizabeth Grimes, who voted against the Gaineses, owned between $100,000 and $1 million worth of stock in Bank of America, according to official records maintained by the state Fair Political Practices Commission. Bank of America purchased Countrywide in 2008. According to the state Code of Judicial Ethics, judges are required to disqualify themselves from any case in which they own stock or bonds with a fair market value exceeding $1,500.
“By the time the case came up for appeal, Countrywide was no longer a party to the action,” Joseph Lane, clerk of the Court of Appeal for the Second Appellate District, wrote in an email, explaining why it wasn’t considered a conflict of interest for Grimes to be involved in the appellate ruling.
But records show that Bank of America wasn’t Grimes’ only large investment in the banking sector. She also owns between $100,000 and $1 million of stock in Wells Fargo and US Bank, and between $10,000 and $100,000 in Citibank, giving her potentially a multimillion-dollar interest in the profitability of the mortgage lending industry.
In addition, Judge Patricia Bigelow, who wrote the majority opinion against the Gaineses, owned possibly as much as $10,000 worth of stock in Bear Stearns, an investment bank that was responsible for securitizing trillions in mortgage loans in the 2000s. Bear Stearns was bought by JPMorgan Chase in 2008. Even the dissenting judge, Rubin, had a stake in the mortgage industry, owning thousands of dollars worth of Wells Fargo stock. And the Los Angeles County Superior Court judge who originally dismissed the case, Rolf Treu, owned as much as $10,000 worth of stock in Citibank.
Patricia Rodriguez, an attorney who has brought homeowner lawsuits in multiple counties, said judge ownership of financial company stocks is just more evidence of the broader justice system bias in favor of banks and against homeowners. “In general, the judges are unfair to borrowers,” she said. “I’ve seen cases where the judge made a prejudiced statement before trial, saying of a plaintiff, she’s ‘trying to get a free house.'”
Potential conflicts of interest have been common over the past six years as the courts have been flooded with cases of homeowners suing their mortgage lenders and servicers. Forty-two of California’s 105 appellate court judges (or 40 percent of the bench) own significant amounts of stock in at least one financial company. Seventeen justices disclosed owning stock or bonds in Bank of America in 2012, the most of any bank, followed by Citibank with ten judges
bear stearns emc mortgage was given to chase for free and chase got 90 billion in tarp money to have it merged with chase. jaime dmon demanded that and the federal reserve owned by chase gave 40 billion to chase and merged it in with and chase never purchased anything
if the did it was the mortgage servicing rights and emc put up a trillion dollars worth of second trust predatory loans from the 80 20 five year arms sold by bear stearns as collateral.
these were in a trust called maiden lane I and II which were eventually sold off to bidders and mine is now with rushmore after chase and nationstar laundered my loan after i sued chase under the fair housing act title VIII 40 usc 24 cfr before us secretary shawn donovan of the us h.u.d. agency region ten fair equal housing opportunity office region ten in seattle, wa. my case was dismissed for lack of evedence bu t the principal investigator john chung a wa state license attorneyfor us hud region then told me that he was ordered t o put the evidence in his desk and not consider it and that is whathe did. he eventually refused t osign the investigative report which ignored all the evidence submitted for predatory lending and mortgage discrimination by emc bear stearns chase and chase mortgage .
if I could have found an attorney or had help fighting from the fair housing council of oreogn in portland oregon or the nation fair housing alliance in washington d.c. I would have won my case but the organizaton in portland above allegedly aided in the coverup of chase’s trillons and trillons of predatory loans by emc chase bear stearns which continues to this day.
I have been in loss mitigation for six years and never been behind or late and chase has allegedly confiscated over $ 100,000 of m y mortgage payments escrow funds and tried to manufacture a default on my three times.
I want chase’s butt in prison it is that simple
here are the four guys i want to see jailed
frank bisgnano jaime dimons right hand man
charles schwarf next in command
kevin watters ceo of chase mortgage lending
mike zsarro s.v.p defaut management grou p jpmc bank columbus, ohio
my local district v.p rob mally
and his assistants TRISTA of salmon creek waschase bank branch inside fred meyers in salmon creek vancouver was store.
best regards
david black
David
do you know the illegal connection between the NY County Land Registers office and Fidelity Title that a NY city attorney covers up for a fraud when it clearly documented in my case of ML v. Astoria Federal S & L with the Federal Seal that Federal Court had complete jurisdiction on June 30 1997 when NYSC judge Carol Arbor signed two foreclosure judgments WITHOUT jurisdiction.
don’t know anything about that Marilyn I live in Washington state I just have been communicating with AG Eric Schneiderman who has been very supportive of me and his staff since I am a disabled vet fighting t o hold on to my house despite never being late of behind in my mortgage payments. we have to accept that there is new paradigm out there that is driving all of this in the courts and the banks and their rabid bonus driven attorneys .
in some states like florida foreclosure fees paid by the banks pay the judges salary.
go figure why the judge is biased towards the banks
banks are for rich people and we just have to fact the reality now in America the rick and big corps and big banks are running everything and the us constitution courts equal protection and states laws and legislatures and u.s. congress are just their lackeys all hooked on bribe money.
but keep fighting and never give up !
regards
David f
To David f: Its stated in the OCC merger docs with CHF. You will need to go through the OCC website. I was fighting CHF for five years until last month when they changed servicer and after requesting a QWR from the new servicer, they stated a and identified new creditor, FreddieMac. After that, I asked for an assignment if there was a new creditor. They sent me a newly fabricated unrecorded Assignment of Mortgage naming another (sub)servicer as the mortgagee.
Here’s something you and Hammertime may be able to use :
http://www.judiciary.state.nj.us/superior/cert_jp_morgan.pdf
The docs say chase purchased emc loans
That is impossible since all the loans in the bear stearns
Trusts owned by bear stearns and serviced by emc mtg were
Owned by investors
The three pension funds i have documented before
These docs from new jersey case are a fraud
And a lie under oath to the court
Chase never purchased anything
It was a cover story for AN ILLEGAL TRANSFER
THE SAME INV ESTORS IN THESE LOANS SUED CHASE
AND SETTLED FOR 250 million
And eric schneiderman is suing in new york state
Again in new york city state court again for the same
Investors
So chase never owned your loan and i have letters
From chase they admitted to that in writing
Regards
David f
Chase owns the mortgage servicing rights via the pooling
Servicing agreement not any of the loans themselves
The investors own the pass through certificates
That get paid by chase when chase feels like it a money
Payment based on the tranche formula in the psa for any
Individual loan or loans pool of mortgage payments money
Paid by homweowners
Regards
David
@ David – you are absolutely right in your statement that Chase only owned the servicing rights via is PSA. The notes and mortgages under the Trust for that NBS was owned by the INVESTORS as a whole via the Certificates issued. Chase could not sell those mortgages as it did not own them. You are also correct that foreclosure fees in the state of Florida pay for the judges and the reason why there is so much bias and corruption.
hello Bobbi
if and when we can change the fundamental economics ie money made by banks o n these predatory loans tied to derivative hedge bets where chase makes up to 43x the face value of the mortgage on an underlying predatory loan with interest rates that will go to 12 percent in 9 years according to chase oh4 personnel in gahanna ohio
the fair housing act title VIII is already on the books and it bans predatory lending and offical hud policy on their website says they are banned as well.
so the law is already on the books to stop this corruption by chase and other big banks.
they have chosen to buy allegedly the entire nationwide political structure and pack the federal and state agencies with their own bank oriented personnel. and worse even pack the fed courts with bank oriented judges which is now happening in the tacoma ,wa federal court .where homeowners had multiple rulings against banks.
the point is that the banks own the federal judge nominations and appointments to the district court bench and the appeals court bench and supreme court bench and that goes for the state level as well.
it is all about money and that money and wealth is our money and wealth. these guys want it all and will do anything to get it.
best regards
david f.
thanks Bobbi for your comments
This is where we are fighting accounting,”legal” points in their court so to speak. Securitization, MERS is there and can be argued til we’re blue in the face but it won’t change anything unless you show the fraud in your particular case. To the extent that some of us have shown the fraud and are still denied due process and fair resolution makes this a civil rights issue IMO. i.e. we’ve been prejudged as deadbeats, cannot benefit and the law is in black and white as Garfield said and we’re being denied the application of the law. Separate justice system for us while investors, whistleblowers, govt get their day in court and hit the jackpot. That’s why we have to get it together and quit going round in circles.
Thanks Eugene, Will be good to cross check when CHF stopped being servicer. Basically no excuse for errors or not reviewing chain of title. Some of their definitions also will be useful.
Thx hammer i got the doc from that link
I used to read all federal anf state suits against chase home
Finance emc mortgage and that provided depositions of
Senior chase officials like mike zsarro
I was looking up their skirt and got a partial
Foreclosure chase manual from depo of mike zsarro
Of chase foreclosure default mgt group
Their attorneys are Morgan lewis and NEBIUS OF HOUSTON
TEXAS
REGARDS
AND THX FOR SUPPORT FROM EVERYONE
MY GOAL IS TO SEE THAT CHASE MORTGAGE ACTIVITIES ARE
SHUT DOWN FOR EVER
DAVID F
When CHF merged with JPMorgan Chase Bank, N.A., there was an assignment(unrecorded). It was not by “Operation Of Law” as in the Bear Stern merger??????????????????
can you send me the links that document that Eugene so I can give my attorney that info
regards
David f.
Can these issues be resurrected since these “mergers” etc were rubber stamped as the crisis was being addressed supposedly? From the CHF letter the merger was not to do harm to consumers among other requirements.
Chase already has a similar version. It’s the 1100 + pages of the FannieMae and FreddieMac Guidelines. It tell the servicer(bank) how to deceive the court(as if they didn’t know), the county recorders office(as if they didn’t know), law enforcement(at the foreclosure sale bid, as if they didn’t know) and title company(as if they didn’t know).RICO for everybody.
Everyone should read Garfield’s post today. He hits exactly on what we’re discussing and what I’m seeing personally and with other homeowners in my area. Examples:
“This is not rocket science despite the layers upon layers of paper that Wall Street throws at the issue. The simple facts and law governing loans, and secured loans in particular, need only be applied as they were written and interpreted for centuries.
If I loan you money, you must pay it back. If I don’t loan you money then I have no reason to demand you pay it “back” because I never loaned you money in the first instance. If I purchase a real loan for real money, then you owe the money to me. If I don’t purchase the loan, then I have no right to your money.”
“It is one thing to have an executed note or some other testimony of proffered evidence of a loan, and another to show the Court the actual canceled check in which you advanced the money. One document talks about the transaction while the other IS the transaction. It is the difference between talking the talk and walking the walk. Talking about Paris doesn’t get you there.”
“I commend to your reading, the short Hooker Case (Link below) and the Amicus Brief (link below) submitted by laymen for your review and study. While not exactly what we would like to see both provide compelling evidence of a movement on the bench toward reality and away from the smoke and mirrors of the largest economic crime in human history.”
http://livinglies.wordpress.com/2014/05/14/hooker-case-flirts-with-reality-9th-circuit/
may have posted earlier
@ Hammertime – I read the full article above and unfortunately I don’t agree with his conclusions totally. He seems to forget that securitization of notes and mortgages, since the early 90’s, changed the face of ownership. If I loan you money and then I sell that note I am paid in full and now you owe the money to that buyer. However, when you apply the various laws governing such transfers if I don’t abide by and do the proper paperwork that note becomes null and void as ownership cannot be validated. He (Garfield) does not seem to apply the rules of procedure when it comes to the transfer of ownership. THAT is where the scheme started and has become a monster ever since. These too-big-to-fail banks knew just what they were doing, creating MERS to sidetrack the law.
You need to acknowledge as well that I seriously doubt the government knows how many Trusts a persons mortgage is being listed in by the banks. Unlike car titles and driving off with the vehicles once I’m sure the banks have your mortgage listed in a backed security multiple times and probably sit around a table passing the bag around as needed. After all no one is looking inside or tracking anything. It would be interesting to know how many banks have been given relief on a certain property in the forms of TARP money or other programs and passed nothing onto the homeowner except a foreclosure. Mortgage I’m working on has been sold 8 times in 4 years.
@ Mark – I not only acknowledge that statement about loans being sold multiple times….it has already been proven in court several times. The banks were sooo lax (or extremely smart to think no one would be the wiser) that loans were sold and bundled to Fannie Mae and then again to Freddie Mac and God knows how many other GSE’s. That’s part of the whole Ponzi Scheme that was brought out years ago and one particular poster on this site who was ‘boo-hoo-d” for her posts around that subject. Marilyn Lane knows her and I think she’s back here on the site, but not certain. Anyway, she is the one point that pushed me to research everything and believe nothing! TARP had no backbone, no responsibility and no real accountability on their part or on the government. The acronym should have been TARR as in tar and feather….because that’s what it did to the consumer!
I didn’t agree w/ his conclusion completely either. I made a post that giving the opportunity to the banks to return to normalcy has gone by. They had their chance and they corrupted the settlements etc.Even so he’s calling people out on not seeing the basics of the law as we’ve talked about which is a change since about a year ago when he was stuck on legalism and basically that homeowners couldn’t benefit. Don’t quote me but it was that same mentality that has the public pointing fingers at us (distressed homeowners, middle class, American workers) and even us against each other,
It’s not that MERS is legal or illegal but the data is wrong! The banks change it and even our credit reports to keep the shell game going while scaring the public, judges and elected officials into believing the world will end if they are called on it.
It’s not just securitization, it’s predatory lending not just they made bad loans to bad people, out and out fraud in the form of lies. It’s not just that they sold a loan over and over again.
In my case there is no trust yet they are referring to WaMu 3, 10 years after the fact. And I have the at least one documented lie on the file sharing that no one seems to want to engage in,
hello
I read part of wells fargo fraudclosure manual
does anyone know what an e note loan is that wells fargo speaks of in that manual
best regards
David f.
uscfpb just derailed my complaints again.then they ship them to the federal trade commission for burial.seems that chase has their friends in the call center in uscfpb call center and processing complaints center in iowa. this has happened to me under the guise of duplicate complaint.one time I got them to resubmit to chase and the next day that was reversed and the federal trade commission got the complaints instead.
seems that uscfpb and the big banks are getting the feds to cover up all the complaints and the state ag’s are not submitting our complaints to the uscfpb or eric holder either and then they never get reported to congress or ellen warren either.
we may have allegedly a huge coverup going on .of all this wrongdoing and corruption at the highest levels of fed govt and the big banks. and the press is looking the other way.
best regards
David f.
copies are worthless and have technically no legal merit. if they were authenticated as true copiesof original examined by a forensic doc specialist who visited the their vault and gave a sworn oath and notarized legally with the witness nameand phonenumber and address then maybe the copy might have some value.
has to be the original
best regards
David f.
I agree but this may be when your in lawsuit mode. Anyone correct me if I’m wrong but they can provide a certified copy as a response to QWR for example. That’s when you can review if what they claim is a certified copy matches what you have or is filed in public records etc. Then it’s a different case when you’re looking at chain of title/documents and they claim they paid off loan and filed reconveyance. In that case it is required they DELIVER the paid off Note from my understanding and Chase’s own documentation.
By engaging and asking for information you can put together your own “discovery” and not be at mercy of lawyer.
how can you reconvey or deliver what you don’t have in the first place legally that is
Exactly! But they don’t want us to question it because it’s been recorded and then they say recording a document doesn’t matter. That was the significance of the settlements and HBOR that they could not record without authority or reliable evidence even if it was the case all along as with reconveyance. In CA lenders insisted that recording assignments etc were voluntary and they could fix. As of now you have to go beyond whether document is legal and question if the debt and/or creditor is valid. BUt the documents are your evidence. Speaking generally, not legally speaking unless it applies.
http://apps.washingtonpost.com/g/documents/business/wells-fargo-foreclosure-manual/879/
thanks Eugene
very much
best regards to you
David f.
now to get chase’s version of this manual and submit to irs as a whistleblower
@ David f, – Ha! Good luck with getting a similiar book for Chase. The only reason why the WF book came about is because the whistleblower is a court designated creditor, and had access to documents through the official court-ordered website for large bankruptcies. He and his team have scoured through court documents and, to the best of their knowledge, it appears that these issues have not been introduced or investigated by the bankruptcy court.
Unless you got connections like that you would be wasting your time. It surely won’t be submitted as part of discovery by the Plaintiff’s attorneys.
I submitted this to chase executives in chase bank and jpmc,n.a.and all four of their names are identified.however chase’s condu ct is being driven by derivative hedge bets on our mortgages and the feds are telling them to do this to all of us allegedly in order to save the economy.
regards
David f.
dear sirs
this message is for mike zsarro s.v.p and kevin watters ceo and frank bisiagno and Charles Swarf
this request is for a copy of chase’s foreclosure manual which may be similar to the one attached for wells fargo. this is a legit copy sumitted to IRS under their Form 212 whistleblower program
I want all of you to sign the manual as being authentic and send it to me as a JPMC stockholder within calendar days in pdf format to my private email or by usps mail on a flash drive.
if necessary I will do to the board of directors to get this info for which I am entitled.
I also request of all of you the complete list and copies of all doc images in jpg format on the same drive submitted to outside counsel and/or internal counsel and the name of your photoshop employees or contractors.
see attached
david f.black
Way to go David! Hopefully you’ll get results. There is some pushback as Dimon wanted even more of slap in the wrist and full immunity. People like Sen Warren are listening so we have to keep letting them know what’s going on.
hi Eugene
what else should I ask for from chase. I can ask for anything I want without going to court as a jpmc stockholder.
will consider suggestions for doc requests from all of you .
best regards
David f.
May have a list. I was just looking over the OCC/CHF approval Eugene provided. There may be some issues there.
hello Hammer
can you send me that occ/chf list that you speak of. I never saw that post fro m Eugene
or could you send me the link. I want to see the foreclosure manual with chase’s name on it and all of chase’s internal procedures that mike zsarro s.v.p of chase fraudclosure unit spoke of on deposition on another case.
the manual that Eugene sent me speaks of hamp exhaustion remedies being fulfilled guess that is whychase bugged me for amonth via phone and email and usps mail and my attorney as well. they had to b e able to put that I their computer.
this manual has screen shots of the automated foreclosure process.
in my case I applied for HAMP I was told I was approved in 2010 and then that was cancelled by chase and that cost me more than $ 45,000 in higher payments as a disabled veteran on pension from the U.S. V.A.
cant figure out how they can assert that I and chase exhausted m y hamp remedies when they cancelled it to milk me for more money. my payment would have gone down $ 925 a month and I was fully qualified.
regards
david
but this is a wells fargo manual and I understand that chase uses the fannie mae and Freddie mac foreclosure manual.
thanks
Hello David. this should be the same link as EV posted
http://www.occ.gov/static/interpretations-and-precedents/may11/ca996.pdf
Not sure if manual, or whistleblower case will result as Bobbi says but there may be something there in the statutes these letters refer to. If we work as a group and do the research who knows. That’s what Szymoniak did purportedly but then a homeowner was allegedly screwed.
Did Michael stop posting news on this site as it’s turned into a blog for the past month or so? Anybody know why he has stopped? Did the feds throw him in jail? Seriously??
@ldynps – They are still posting. I’ve seen 2 or 3 the last couple of days. Maybe they lost some of their advertisers….these sites don’t run for free and I’m sure it does not pay his personal bills if he loses advertisers so he probably has another job. Besides that, there’s been a lot of downplay on the whole foreclosure debacle by the news media. I commend Michael for his job here, but like all of us, he has to survive.
the Wells Attorney manual is your smoking gun for your RICO claims, as they literally put the racketeering plan on paper for all to see. get it in your pleadings, file motions to reconsider, file new RICO suits if you haven’t already.
can any one help me with some sample pleadings for Florida for punitive damages, compensatory, ect my spouse had a heart attack, going after the plaintiffs we prevailed, . PDF or word file are the easiest for me. What are rulings for fraud to the court for false, and fraudulent documents? what do I do with a QWR that for over 5 years has not been responded to my last communication, it was the second request.
I believe you have 1 to 2 yrs to file a complaint if they violate QWR/RESPA law. There’s a fine and possible damages. Something we’ve probably all failed to push and why we need to keep filing complaints.
In general and we have to see how this applies to fraud manuals etc it seems they may try to say it’s all part of the robosigning, settlements they supposedly dealt with. As of now it seems we need to show the debt is invalid or harm done. Not a lawyer of course.
I would review Garfield’s article today to get the big picture
http://livinglies.wordpress.com/2014/05/14/hooker-case-flirts-with-reality-9th-circuit/
Anyone have a link to get the wells fargo
Foreclosure manual or knows how to get
A copy
Regards
David f
http://www.msfraud.org/ny-judge-in-largest-bankruptcy-case-in-history-receives-irs-&-sec-whistleblower-filing_4-14.html
I am wondering Why this issue is not being discussed on this site? This is the first evidence of the Manual from Wells Fargo giving the step by step instructions to the lawyers on how to forge whatever documents are necessary to foreclose? It’s the smoking gun for homeowners under attack by Wells Fargo?? Is no one reading it or understanding it’s importance? What gives here foreclosure fighters?
@ldynps – I don’t think it’s that anyone here is ignoring this. That hearing is scheduled for May 15th (tomorrow) on the RICO case. This was introduced as ‘evidence’ as well as being filed as a whistleblower case with the IRS. The bankruptcy judge will have to rule on the evidence first at the hearing to let it be entered in as evidence. Unless he does, that portion of it will be useless. However, on the point that it was submitted to the IRS under the whistleblower program with their investigation it may provide the same evidence to be used in cases across the country. I would, however, confirm this all with an attorney as I am not one.
I forgot the biggy on my call with Chase below. I told the rep about the verification of paid off loan at closing. She said she saw they sent me a copy and “what else did I want”. I told her they needed to send me the original paid off Note. She responded they only send copies. I told her that Chase sent me a letter confirming by right they are required to provide the original. She said she would have to see the letter.
Wells Fargo sued chase for not having original promissory
notes
they don’t have them
regards
david
So far I have WaMu, BAC, New Century tied to that note so who knows. Would be good to check that out for how dates etc line up. Would be interesting to see what SEC/stockholder info has to connect all the dots.
Cant endorse what chase didnt have im the first place
Respa fed lae says blue ink original promissory
Note stays with lender and or servcer
Thus forgery is only option
For chase and others
Copies have no legal standing since lenders could
Easiy create false debts
Regards
David
Does the Note need to be dated? The Note in our case isn’t, but I understand that’s ok with UCC. Neither the original Note (copy of it) nor any of the subsequent indorsements are dated.
This where things get screwy. They want to say if there’s a reconveyance filed there’s nothing to worry about. But a reconveyance requires that the Note be returned marked paid and that it reflect the rightful beneficiary, lender and the amount of the transaction I believe. So even a reconveyance can reflect fraud.
@ k I’ve heard different things as well as to dated endorsement. I believe Sutter’s presentation makes a point but not sure if “legal” requirement. By asking for copies etc I can show that endorsements changed per their own purported certified copies so that could be a way to challenge validity of dates and authority. I’ve never seen an endorsement with a date. Anyone have an example?
just spent 20 min w Trevor of sec investigations (same name)..reported jay me and steven….little boys stealing other people’s american dreams….sec are the pit boss….i’m an honest player wanting a fair game…no more…no less. 777
good for you I hope something comes of it. the last time we all complained to the SEC their whistleblower employee told the press they took 9,000 complaints against wall street and sent them to the national archives to be burned and covered everything up.
regards
David
go Trevor
one of them was my complaint against emc bear stearns and emc chase bear stearns.
that was then….this IS now.
is:is portal open….china in the wings….watching. . .
magic just is….watch them fall…this fall…like magi”C”.
That was funny seeing your and David’s posts. I was just on the phone with Chase Execution office.
Something like this:
CH – we’re responding…sending letter blah blah blah
ME – I was hoping to have an answer on specific issues
CH – What blah blah blah issues? Do you mean new offer considering $5,000 waiver
ME – What? There was a $500,000 forgiveness offer, no waiver, that was misleading since property could not be in disrepair although Chase was aware of City repair issues.
CH – Oh yes read something like that, what issues did you want addressed?
ME – Valid debt, lack of standing, City actions…
CH – (in a huff) Well see there’s at least 6 issues that I didn’t get from your letter, it has to be organized, point by point
ME – Chase has had months, years to address, I have sent numerous letters and attachments to Chase and the CFPB
CH – I am answering your letter will be in mail, if you want to you can fax your attachments and send a new request
ME – Will need to email since we’re talking about years of documents. At this point I will probably have to take action due to pressures on myself and the property. I would ask that you consider the time to respond to letter and postpone upcoming sale.
CH – We don’t give email. We don’t postpone sales to respond to letters. Unless you apply for a modification
ME – As I’ve said I will not apply for modification until the standing, debt issues and harm done are addressed. My understanding per the HBOR is that a modification isn’t necessarily the only consideration.
CH – That is per our lawyer’s understanding. Good day.
ME – Good day!
Also some back and forth on single point of contact requirements, compromise to work together for interest of property, reduce harm done etc.
Looks like it’s time for another CFPB complaint!
I won’t talk to them anymore
lawyer thinks they are assailed
like I do
Chase n fed reserve pay uscfpb to
not do any enforcement of us fed banking
Laws
regards
david
Thinks chase oh 4 personnel
are a holes n intentional bad people
under mike sparrow Sep n Kevin Walters ceo
I have listened to that bs exec office routine as well.
next time ask them if they are part of the default management group under mike zsarro s.v.p. of chase. or if their internal mailstop is OH 4 or if the are in Gahanna ohio or if the ywork with the following people
joe shea Vicky hall e.j. reed evita clowney’
whoever you talked to is not telling the truth.
sc 1 is another group in allegedly south Carolina
best regards
David f.
Subject: Attorney General Holder: You said no bank is “too big to jail”. Prove it starting with Wells Fargo.
Hi,
I signed a petition to Eric Holder, Attorney General which says:
“Attorney General Eric Holder: We demand you live up to your words from May 5, 2014, “No bank is too big to jail”, starting with Wells Fargo and its CEO John Stumpf. ”
Will you sign this petition? Click here:
http://petitions.moveon.org/sign/attorney-general-holder-3?source=s.icn.em.cp&r_by=4316001
Thanks!
thanks for the opportunity…signed and sealed. wink.
Signed! Thank you hammertime!
Hopefully everyone who is active on this board, and those who are like and watch from the sidelines will sign it too.
Quoted:
“Attorney General Eric Holder: We demand you live up to your words from May 5, 2014, “No bank is too big to jail”, starting with Wells Fargo and its CEO John Stumpf. ”
Will you sign this petition? Click here:
http://petitions.moveon.org/sign/attorney-general-holder-3?source=s.icn.em.cp&r_by=4316001
All of this has already been done…with having six years of fighting the forged mortgage we also have many more documents (which truly sucks for the bank)..different set of lawyers…right hand doesn’t know what the left hand has done…I have developed a time line that you all might find very interesting…http://1drv.ms/1iL3O2j
SHERYL…wOw….rymes w oooww….this wilk hurt the banksters and help turn 7 yrs of chaos into a 20 min…read this and weep activity….einstein said brk it dwn all the way…but no further…you have..thank you.
grade: A
Xtra Credit: for sharing….A+.
…….’you have high score’…. SLS 305,700
they made a game of it…..our turn.
A WHISTLEBLOWER CHASE EMPLOYEE FROM OH 4 I GAHNNA, OHIO 614 AREAD CODE JUST SENT ME THIS PAST SATURDAY MY FIRST FORGED DOCUMENT PHOTOSHOPPED IN THE MAIL AND SINCE I TOLD THEM TO STUFF THEIR MODIFICATION UP THEIR PLACE WHERE THE SUN DONT SHNE PER MY ATTORNEY CHASE SENT A NOTICE THAT THEY DENIED MY MOD REQUEST WHICH I NEVER MADE IN THE FIRST PLACE AND PUT A WARNING THAT I BETTER NOT IGNORE FORECLOSURE NOTICES.
SEEMS THINGS ARE GETTING PERSONAL BETWEEN CHASE AND I
SO I FILED A FORGERY COMPLAINT AS A STOCKHOLDER WITH JPMC BANK SINCE THEY NOW ILLEGALLY OWN MY PREDATORY LOAN ALONG WITH ALL THE OTHER ILLEGAL PREDATORY BEAR STEARNS LOANS AND FILED A FORGERY COMPLAINT WITH THEM VIA ONLINE WEBSITE AND ALSO WITH THE USCFPB.
MY WITNESS THAT IT IS A FORGERY IS THE OREGON ATTORNEY GENERAL OFFICE IN SALEM, OREGON PRINCIPAL INVESTIGATOR .
REGARDS
dAVID F.
THANKS TO ALL O FYOU FOR YOUR SUPPORT
AND BOBBI IF YOU WOULD LIKE TO CHASE NOTES ON CHASE PRIVATELY PLEASE LET ME KNOW I WOULD BE HAPPY TO DO THAT.
I ALREDAY SENT THE OCC MEMO YOU GAVE A LIN K FOR TO CHASE BUT iT DOESNT SAY IF THEY ACTUALLY PURCHASED THEM FROM THE INVESTORS. I KNOW WHO THEY ARE AS IN THREE AFL CIO RELATED PENSION FUNDS ONE OF WHICH is boilermakers and blacksmith’s union pension fund in Kansas city Kansas or k.c. Missouri. not sure which and they have a website
now if chase says they purchased the bear stearns loans from the investors then how come the new York AG eric schniderman is suing on behalf of the investors again for a second time chase bear stearns trusts if chase has paid them off. DAH something is amiss.
I have asked chase as jpmc stockholder for cash receipts with account numbers and ach payment stubs for all payments to the investors that did own my loan . but all those loans were extinguished in the alleged merger with jpmcb from chase home finance.
best regards
David Black
Excellent…like that “document refers to recorded mortgage in the future” there’s a spoof there somewhere. Exactly right hand doesn’t know what left is doing but it’s even more than that when we look at the money flow i.e. playing dumb while they laugh all the way to the bank! Themselves over and over again. It takes some skill to get this done while lawyers want to charge us $350/hr to read a document. I believe Bobbi Swann made the point we need this type of approach and we could take it further with other timelines, graphics I’ve worked on to help others lay their cases out and hit social media. I’d like to review some ideas if you’re open to it. You can send me an email here http://bit.ly/Si8EL5 Thanks!
If my work helps anyone I am very happy….this has been the longest, drawn out debacle of my life and if I can save people some tears and heartache…I’m game 🙂 my email is mortgageforgery@gmail.com 🙂
Great! The creative juices are flowing!
A Bobbi Swann
I had Abstracts done on my two properties when I bought them
Npw that this massive fraud has been perpertrated on sooooo many of us, we have a bigger base to fight back. We are getting older but stronger. God forbid any of us go, what powerful entity will
perfer to have the property in their names and for their use than the Banks, Title companies or judges?
Yes we have the base and the proof and the admissions. We have to get officials and your “average American” and the rest of the 95% of homeowners on the sidelines to get their heads out of the(their)….sand!…???
Good Luck on filing any fraud complaints with the Law…My experience was the Police, the District Attorney, the FBI and Secret Service could care less…I was shocked. Again, there is no justice if the law breakers are the banksters!! Don’t waste your time. File a lawsuit and file your own evidence to prove your Causes Of Actions. Then the banksters have to prove the evidence. You have somewhat more power as the Plaintiff….just sayin….
That’s the catch 22 though if the judges etc are bought. Not doubting you since I’ve seen this with local officials and even non profit lawyers don’t even know what the homeowner bill of rights says. But there have been changes and have been wins. Were your judgments before settlements, HBOR? What Tom and I have been pushing is working as a group and that’s not getting across and looks like Tom has disappeared and isn’t returning calls. Wee need to build pressure and get “discovery” before taking court action IMO although for some of us it’s been out of necessity and the settlements were supposed to provide some due process that’s been corrupted. As Marilyn is saying the base is there to put public pressure on if we can survive and then get our act together.
chirp….chirp….. china h8s fraud….china h8s jay me…..china h8s lil stevey….fretlife…
china ♡♡♡♡♡♡♡s ‘zilla…..dragons are cool….except when they’re on fire…
serving small bowl of piping hot alphabet soup:
DAs + FBIs + PDs + SS are ‘privately’ meeting w men in black….they are having the $t Xplained to them in back rooms….they are getting ‘reprogrammed’….to cuff/stuff the big dogs. If the 1st warning fails to bring rapid tidal reversal..read: fails to calm the dragons of the East and West….then come the greys…..xfile shhhhhh……t…..a warning should suffice….’a visit’…..my bad…not a warning…not a threat….more like an ‘introduction’ of sorts…..all part and parcel to this….our collective battle royale du ‘star wars’. Good wins. Spoiler alert…..
agreed David abusive cops….corruption central…to be crystal clear….I suggested going to Police for Paper and Procedural evidence…only … it takes 14-21 days…costs about as much…then you can take a copy and send w demand letter to each party involved…collusion/collision….this DEMAND for payment must be made before civil court…30 day window…then file.
‘your honor….our client…FretLife would have paid trevor $33 million but he never asked……’…nope.
Ps….. you will then see IF your locals dics have the right/wrong Stuff….plus you will feel better….trust me… 777
do it……for yourself.
Bobbi Swann
Going to cops here wont work
The whole system is shut down at the state and federal level
Big bribe money being paid is my guess and the power dont care
Going to courthouse to get copy of note and mtg. Can’t wait to see what the note details. Albertelli law. Bunch of thug attnys. I always see the same attny running by the 2 courtrooms and always has a snarled attitude. They hate when the homeowner shows up for court.
This mortgage has been avoided, so no….due to the forgeries…we never got into the other frauds involved with the actual mortgage.
You can still sure them in court under that premise. I mentioned before you could do it as a ‘countersuit’ under the present one for the unsecured debt. That countersuit would allow you to bring into court the ‘mess’ with the mortgage fraud.
That’s exactly what I want to do…just trying to get it through my attorney’s head…who cares about the blue ink note….the fraud is in the original assignment of the note…as this timeline shows (http://1drv.ms/1iL3O2j)
Call again, and again. There’s a phone number that will connect you with a live person during business. Did you check your county register’s office to see if there is a “satisfaction of Mortgage from MERS.”
Call MERS by phone and they will give you the number.
I couldn’t get a hold of a human and the automated system tells me the same as the website…there is no evidence that this was a Mers transaction outside of the fact that it is on the Corporate Assignment of the mortgage/note….so they can just throw that name MERS out there and it not be actually registered….that’s just one more log on the fire…although I don’t need to prove this I would like to add it to my arsenal…
@ Sheryl – file a QWR (Qualified Written Request) to the servicer. In that letter request all copies of assignments, loan numbers, trust agreements, mortgage-backed security agreements, mortgage and promissory note. Make sure that you send that letter in a form that they have to sign for it with a return back to you. If they don’t respond, you can file a report with the CFPB (Consumer Finance Protection Bureau). Keep copies of all that you can present in court to the judge. And follow up should you have to file a complaint to the CFPB!!! Demand answers!
That just shows how screwed up all these property records are for someone to get away with recording a lien and the bank paying them to get a clear title. The chain of title is broke and like you say stealing the house is truly the cover up. That person must have worked for someone in the mortgage industry and had some kind of inside information
This is unbelievable! How’s this any different than what banks did to us. Just substitute Moskovyan for any bank and the type of docs.
“It is alleged that between April 2010, and June 2012, Moskovyan committed numerous sophisticated fraudulent acts of various types throughout Los Angeles County. Those fraudulent acts allegedly included the following:
1. Moskovyan identified real estate properties that were scheduled for tax lien sales by the Los Angeles County Treasurer and Tax Collector’s Office. Moskovyan then recorded forged Grant Deeds at the Los Angeles County Recorder’s Office transferring ownership of the properties from the rightful owners to herself. She then filed claims to receive the “excess proceeds” from the tax lien sales. In other words, she fraudulently claimed the rights to receive the money left over after a property is sold and the tax liens were paid off.
2. Moskovyan recorded dozens of phony Mechanic’s Liens, for painting work which was never done, on the titles of real estate properties which were in foreclosure. Several financial institutions paid Moskovyan to remove the fraudulent Mechanics Liens in order to clear the titles so the properties could be foreclosed upon and resold.
3. Moskovyan fraudulently transferred the ownership of two real estate properties to herself by recording forged Grant Deeds. She then applied for, and received, loans using the fraudulently obtained properties as collateral.”
“For more about the Los Angeles County Department of Consumer Affairs, whose Mission is: “To promote a fair and vibrant marketplace, we serve consumers, businesses, and communities through education, advocacy, and complaint resolution,” visithttp://dca.lacounty.gov.”
http://www.bloxtrade.com/sophisticated-real-estate-fraud-uncovered-in-socal/
Leder according to my closing HUD stAtement was no Morgan chase bank, na 4919 memorial hwy Tampa florida and yes my neighborhood is in shambles thanks to these banksters. House next door is in all kinds of disrepair including a pool that has never been completed, a breeding ground for mosquitoes and get this it is a Fannie Mae homepath property and the r asking 315k. It’s not worth half that. Property across street is foreclosed and the old owners are living next door under an alias so the bank won’t come after them plus they r trying to rent the house out and it had alreAdy been assigned to Fannie Mae to auction and I’d 2 months away from auction date and the old owner is still trying to rent it. Close to 50% of neighborhood is now rental and blackstone(ie. invitational homes) has tried to snag as many foreclosure a as they could to rent. I am a few blks from beach. That’s why I don’t care anymore. Neighborhood has gone to pot and u have to wonder if ur neighbor will rob u. Everyone about in s fla is on the take. This ace is a jungle with big gorillas.
Wow…your neighborhood sounds like a poster child of what I’m talking about. I don’t doubt it as the same thing is happening out here to some degree. The City went after me for minor repairs while purported bank owned properties even in beach areas were being allowed to fall apart. I think someone sued for west nile virus in high income neighborhood.
Here’s a good tool I forgot about to see property records. Looks like in FL you aren’t charged to search. LA county you only get to see a couple of pages, I did a search on mortgages since mid April and looks like Hillsborough Co is infested with MERS!
I looked at a record with JP Morgan Chase as mortgagee. Defines JP Morgan Chase N.A. as “lender” in the first paragraph. Then there’s a notarized copy defining them as lender with NMLS ID 399798 which could be a new thing. Address is Columbus, OH.
I then looked at ’06 records and there from sample I reviewed mortgages with JP Morgan Chase N.A. (OH address) and Chase Bank USA N.A. (DE address)
This verifies to me that they are different “lenders” with other questions with CBUSA I’ve put together.
See what comes up on your property. Select county and then you can search by name or date I believe.
http://publicrecords.netronline.com/state/FL/
text in mortgage refers to lender on Note (being the same)
@ LMS- you got that right about south Florida! It is worse there than where I am in Pinellas/Pasco. Sadly, the bigger the metro area, the higher the ‘paid off’ judges!
This is a joke but I will do a qwr. The banks attorneys already have filed “original” copy of note and mtg. It will be intersti g to see if what I request matches up. And I know that the bank got their copies from my previous attorneys. It was real funny how the “original” note and mortgage showed up after I got tired of my attny’s milking me and told them to get lost and suddenly the note and mtg pop up after I had provided copies to my attorney when I first hired them. It’s one big conspiracy to steal your home
I see it as stealing the home being the coverup. That’s why as David/Trev in their own way say possession is 90% of the law. When they get the homes they can care less how it or our neighborhoods end up and now we have new bubbles going. My property could go at nearly $100,000 more than when I made my loan in ’07. Weren’t we blamed for making that happen?
Any who so what version of Chase do your copies say is your lender?
what good would it be for a title company to only search for 7 years if it is mandatory that a search be 30 0r 40 depending on the state. Another way to try to trick us all to give up.
The bureaucracy is one of the rabbit holes then MERS etc are another branch of the rabbit hole. But like all mazes we need to step back and figure a way out or not get trapped in it in the first place by calling out their lies and misrepresentations. So the title companies are part of the problem esp if they were paid off by the pretender lender etc. I would rather use the law to get the copy of the Note or pay a third party title company to do a complete audit.
@ Marilyn – A title ‘search’ is very different than an actual ‘abstract’ of title. An abstract is the one that is done spanning the life of the property and very, very expensive. Title companies will do a shorter search that is less expensive and shorter period of history. They do insure the title against (certain) defects. Record retention has both federal and state implications depending on the type of business, but for the most part title companies fall under a 7-yr retention period. Nowadays, though, they are scanned and saved on disk.
Basic Owner’s Title Policy Coverage:
Clear title to the property
Incorrect signatures on documents
Forgery, fraud
Defective recordation
Restrictive covenants
Encumbrances or judgments
I’m not absolutely sure that such owner’s policy does cover a broken chain of title; however, in my opinion it would fall under “defective recordation”. Just my opionion.
Good info on Chase shell game. Bottom line is don’t accept Chase simply as Chase. The woman who approved the “Chase”(JPMC?)/WaMu sale, or some part of it or some merger, was forced out of the OCC and ended up in a cushy Wall St position. “Chase”‘s web site used to have a section on mergers that seems to have gaps.
who mentioned Title companies only keep title papers for seven years, can’t be- since all states must do a mandatory 30 or 40 years title search. .
I’ve heard the same thing that title company only keeps individual files 7 yrs. You do have title plants where 30/40 yr searches are done as a service I recall in past yrs in real estate.
Chase Home Finance, LLC merged with JPMorgan Chase Bank, N.A. on May 2011.
http://www.occ.gov/static/intrepretations-and -precedents/may11/ca996.pdf
Google it.
your link doesn’t work maybe because you missed the tail end of the full link
please correct
David
yesterday I received from chase whistleblower employees in Columbus ohio at chase mortgage or finance or whatever it is called oh 4 is their mailstop but that is the default management group headed by mike zsarro s.v.p of chase since 1993. they are actuall y Gahanna ohio 614 area code.
yesterday in the mail I got my first photoshopped forged document by chase and from chase. it is the TILA doc for the second mortgage that had the demand feature checked. the Oregon AG has a copy of the same TILA doc with no demand feature checked that they got from Nationstar that chase handed over the servicing to years ago.
I have already filed a complaint against chase with uscfpb for this alleged photoshopped forgery. am sure there are more just haven’t scrutinized the docs enough. thanks to Eugene about the heads up on the merger since it is the final piece of the puzzle on how chase extinguished all the old loan numbers from emc chase bear stearns loans. now what if that merger also extinguished all the wamu mortgage loans as well.
met life happened later so that doesn’t apply.
regards
David f.
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the (alleged) Lender. A copy of the current Note is a plus.
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
http://www.occ.gov/static/interpretations-and-precedents/may11/ca996.pdf
hello I just posted this to my attorney and to chase via website at chase.com for my unilateral loan that chase created with new loanterms and higher interest rates al l of which was illegal since it is predatory loan being serviced by a predatory lender and servicer.
best regards
David
pursuant to federal RESPA law section 1594 qualified written request and as a JPMCB and JPMC stockholder I am demanding a copy of the loan schedule of purchased loans from chase home finance llc to jpmcb a national banking association in chase home finance merger with jpmcb. a copy of all documents related to the purchase of my old loan number transferred b yemc chase bear stearns mortage to chase home finance on april 1, 2011 . I want all docs pertaining to that transfer plus the schedule of loans merged into jpmcb. plus all the loan docs associated with this alleged loan laundering in order to originate a new loan with no loan docs. I want the new loan docs for my current loan plus the signed by me promissory note and respa disclosures and hud 1 disclosures. and all compliance docs per mr zsarro’s disclosures he says he complies with .
in ten days I demand these docs
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the alleged Lender. A copy […]
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
Look at the OCC website for the merger documents. Were you noticed of the servicing transfers ? I’m only familiar with Chase Home Finance, LLC & JPMorgan Chase Bank, N.A. Bears Sterns is another bucket of worms. Mergers involve Purchase and Assumption Agreements and other good documents.
In a merger, one entity disappears and the other prevails. EMC may have merged with____, Bear Sterns may have merged as a “matter of law” or something like that because the government forced the merger??????????????
I just posted this to the uscfpb and got a case number. it should go well with chase morning joe and doughnuts Monday morning.
regards
David
pursuant to federal RESPA law section 1594 qualified written request and as a JPMCB and JPMC stockholder I am demanding a copy of the loan schedule of purchased loans from chase home finance llc to jpmcb a national banking association in chase home finance merger with jpmcb. a copy of all documents related to the purchase of my old loan number transferred b yemc chase bear stearns mortage to chase home finance on april 1, 2011 . I want all docs pertaining to that transfer plus the schedule of loans merged into jpmcb. plus all the loan docs associated with this alleged loan laundering in order to originate a new loan with no loan docs. I want the new loan docs for my current loan plus the signed by me promissory note and respa disclosures and hud 1 disclosures. and all compliance docs per mr zsarro’s disclosures he says he complies with .
in ten days I demand these docs
When they merged with JPMorgan Chase Bank, N.A. , they have a Loan purchase agreement that “should” show a loan in the loan schedule. If there are no other mergers, under the new 2014 RESPA rules, you should request the servicer to identify the loan in a schedule and identify the alleged Lender. A copy […]
hello Mr. Villarreal
I was given notice by chase emc bear stearns mortgage on april 1, 2011 that they were being merged in and/ or transferring my loan servicing to chase home finance. in that process my loan terms were changed to higher interest rates for payoff options like 11.37 percent for the 15 year payoff althought the stated rate on the mortgage statement says 2.62 percent but when using the T 5 chase software model to determine the actual interest rate it was 11.37 percent.
so the question is does title 12 us banking law weigh in for this case where it says that a transferred loan must be the same in all respects before and after the transfer. the transferor loan terms governs the transferee’s loan terms. if that makes sense.
in my case the loan transfer may have occurred before the merger.
chase n.a .is a holding company and usually subsidiary companies don’t get merged into holding companies but perhaps the rules have changed. I will ask chase per your post exactly what you said.
thanks
David f.
Yes emc noticed me
The fed reserve did the order to merge
And gave 35 now 90 billion of tarp bailout money
To chase jaime dimon
David
Chase Home Finance, LLC “merged” with JPMorgan Chas Bank, N.A in May 2011 as per OCC with all sorts of agreements on record.
They merged jpmc snd company
Not jpmc n.a.
There is a big legal difference
Your comment is wrong
Regards
David
With jpmc and company
‘do you have an example?
Yes…..feel free to file a Freedom of Information Request…
I filed my complaint w Boise Police Department. ..fraud division…
I claimed false docs…robo sig…collusion. ..RICO…the works…thetruth…it will be Exibit 1. if necessary. ..
Agreed about typical CA messes..considering we ARE the class and I did press for a $Billion + Settlement already…we have em on the ropes…this approach would terrify both banks…they ‘know’ me…they know if I lead I go till one of us is not standing…i’m food and home insecure but I think 7 yrs is long enough…we got this one…I can pedal bike to the Court….I’ll even send a claim letter on behalf of Our Class to Steve and Jay Me…. Ill scan my police report tomorrow.
Hi I am in a foreclosure. My loan was made with Ditech. I have a full reconveyance filled at our
local court house. Gmac / dba ditech is now out of business. I received a settlement due to the
fraud process in their first attempt at foreclosure. Now gmac has sold my said loan to 21st mortgage, and they are attempting to foreclose. This process is very illegal. Is there anyone
out there willing to take this case? I have all documents on hand.
You have a reconveyance on loan they are trying to foreclose on? That could match up with people saying they paid off loan and were foreclosed on but usually banks say it’s an error. Not lawyers here but sharing information we find unless there’s a lawyer reading and participating. I’m revewing a lawyer referral service if you want to email me here
elsa.carter-6yyl2g2@yopmail.com
Have to get note. Being sued by JPMC. I wish I had note. Am going to start with the addresses u referred me too. Have all my old statements and they were chase home finance(servicer). I was told by previous attny that chase and Fannie Mae were both trying to claim ownership. But I think they just use Fannie as a front to allow them to pull all their crap(stall for loan mod like the investor won’t modify and the like bs). Chase is hiding behind Fannie to protect all their wrongdoing
Do you have the homeowner copy? You can check that and see where in the Note text it says who the lender is. It seems even lawyers assume automatically Chase Bank and JPMC are the same. Then check date. I believe JPMC claimed they merged with Chase Bank around time of WaMu sale late ’08. Unless Chase Home Finance originated? Then there were questions about them and there was a merger or bk in ’12 possibly. Current copy will tell you if it’s been endorsed or if it’s fabricated copy.
please all…..if you have been rolled by Jay Me Diamond (of Chase ’em to pridon) and or Steve Kandarian (of FretLife)…join the 9 step program…..step one …realize that we have the Class Action of the Ages…here is what we are going to do……fire w fire….goes like this.
Everybody who wants in MUST file a police report w your local…that is your ticket in. Send me a hardcopy…..$20 max…
They play for 43x face value….THAT is the number…..we ‘bundle and serve’….as a Class…
still ‘wit’ me? So for me….it goes like this:
Plaintiff #1
$249,000 × 43 = $$$ht ton…
Plaintiff #2
$353,000 x 43 = $$$hit ton….
………..
Grand Class Total = big #######
We send ONE demand….then…31 days later we file…as ONE….w our Settlement Number….x THREE for a fair resolution in Court…oh and a side order ‘deterant theory’…for the next guys and girls…if only 20 of US….right here…us guys…..we justify the claim w their own calculus. …their own figuers….the Class Claim would be $1billion….or $3 billion…..come this fall…..now divide by 20…..either scenario you/we win….before Christmas…..hmmmm…silver bells?….nice ring to it…..
Send me your PoPo Reports…by July 4. No extensions……no exceptions…boat leaves on 7/4/2014. Send me the report and the face value of your Loss…..just the principal. ..just the facts…ill bump it up from Boise….4th District Federal……w honors…w pleasure and press….full court.
16% after taxes and fees goes back to the next pool of fighters….no exceptions.
909 NORTH 15th Street
House if the Rising Sun
Boise, Idaho 83702
United States
……..’send it in…..’ 777
Interesting approach. Class actions seem to be full of problems though. If we form a group I’m thinking we can do smaller group actions. Also of filing criminal complaint. Do you have an example?
@ Trevor David – how are you going to use Police Reports from all around the country for a filing in Idaho? Anything outside of that county would not have precedence for a lawsuit. I don’t know even if filing with the 4th District Federal court would take into account those reports from everywhere else. Have you knowledge that this is allowed to be brought in as evidence? I will be glad to get my report filed with the Fraud division of my local police department if you know that it can be accepted.
Hammertime
Was your assignment recorded in public records? If there was never an assignment. Then I would think your original lender still is. If MERS was involved there would still be a recorded assignment I know MERS was created to avoid certain recording fees. Originally chase was the note holder because I signed the note and mortgage with chase as the lender. That’s why I believe they have always held my note and mortgage. If chase would have transferred the note there would have been a recorded assignment and there is not
That’s where the rabbit hole starts or continues. Chase Home Finance was the servicer on previous loan then I made a “new” loan I was told I needed due to the crisis with Chase, with Chase Bank USA as the original lender on the Note. Late ’07 there should have been no mention of MERS or WaMu. WaMu error got me trapped in a high payment 2/28 loan in ’05. In my case the problem goes to broken chain possibly since ’04 or before. I was told i would not have any title issues even though loan was at 11% because I was not with a sub prime bank or loan being with Chase. Things got bad real fast and asked them to change the loan and the rest is history. they claimed an investor would not allow the loan to be changed. Then they claimed that they as JPMorgan Chase is the investor. So there’s 2 tracks are they who they say they are and if investor, payoff where’s proof of payment. In CA Chase says they don’t need to record an assignment. The question then is why did they. In my case i don’t believe the loan was closed as described on documents or as presented to me.
When you research Chase Bank USA it is possible to conclude they never made my loan. To top it off one of their reps said they didn’t pay off previous loan since it was WaMu or a refi!
In the end you have to go beyond the documents and ask how they show what happened to the debt. That along with how they mistreated us when we tried to resolve our issues.
There was no endorsement from Chase Home to JPMChase on Note copies until late last year although JPMC claimed to be beneficiary then investor since late ’08. Somehow copies no longer show the endorsement. The assignment that JPMC claims has problems with trustee supposedly representing Chase Home.
There are no assignments as to MERS and previous loans which is why I’m questioning CHF claim to be servicer and the purported payoff. Chase actually admitted they deliver paid off Notes BY RIGHT which they did not do for the ’05 loan. This is why the delivery of ’05 loan is important and i didn’t accept that reconveyance was all there was to it and it was “good for me”. Have letters on file system I may have invited you to.
So it goes beyond the fact they avoided fees with MERS, to me the bigger issue is they put in any information they wanted or it was completely messed up. There’s where we go beyond stopping sales and asking who has the money and the real debt.
When you say Chase originally held your Note you need to break down who Chase was, claimed to be and how does that affect your debt to whichever entity you really owe. Issues come up to allow you to question the transaction when you start getting the information. I guess the point is it’s not going to come out the “right” way if the chain of title is broken or the debt is being misrepresented. Which is when you get to the TARP,insurance etc issues.
I was able to get this info without a lawyer but with good lessons from paralegal and others which is why we can’t ignore use of settlements, CFPB etc.
Hope that makes sense and didn’t go too far down the rabbit hole.
Sheryl, how did you check the status with MERS? (website?) Thanks, JD.
I went on the MERS official website and searched every way I could possibly search our our property…by name, address, social security numbers…I have even tried to find the MERS number, however, I have a fifteen digit number, however, MERS is suppose to be eighteen digit number…the format of the number that is on my document is the same format, less three numbers…:/
Try leading or trailing zeroes to equal 16 digits
Or 18 digits
@ Sheryl did you ever check what MERS had on your property?
Just did that today…they have absolutely nothing…yet the assignment say Mers as nominee for world wide financial assigned our property originally…now how can that be and yet there be no evidence of it on the MERS site…
That’s one part and it should show MERS as nominee on Note or mortgage? (Deed in CA) It would have been good to see if it’s changed as mine has over the years, still there seems to be a broken chain along the line just in your MERS issue. So if the guys claiming you owe them aren’t on the original Note then don’t admit the debt to them until they prove it with all these questions. It would be interesting to see how they would react to a strong cease and desist letter.
You can see a in my presentation, in the assignment of the mortgage and the note (the Corporate Assignment) it clearly states that the original assignment was from MERS…yet MERS site shows nothing…the evidence is outrageous…:/
In CA as far as I can tell from my docs the Deed of Trust includes a paragraph that MERS is acting “solely as nominee…” then that they are the beneficiary, think that’s where they get in trouble. There is a MERS ID also printed. This was on my ’04 loan which was supposed to be paid off and I should not have heard of MERS or WaMu since. Not so of course. A MERS official signed off on a Substitution of Trustee on first foreclosure attempt in ’08 and that’s when the questions started. Chase didn’t acknowledge the present “loan” was NOT a MERS loan until ’11 or ’12. They then claimed they could re-do the SOT. They are now claiming ignorance until late ’13 with other suspicious MER entries. I also had a corporate assignment blank form so I would check your note and mortgage. If MERS isn’t on there per my experience the assignment is invalid.
@ Sheryl – WOW! Now that’s a BIGGIE on the assignment…..But again, if the mortgage was nullifed why worry about the assignment? Other than pursuing a civil suit on your own against the lender with you as the Plaintiff….
We won an avoidance of the mortgage due to the forgeries…however, according to the bank they have a “blue ink” note…I find that odd since we signed with a fine black bic pen…but that is of no consequence…the have an assignment (in blank) on the “note”…however, my feeling is that if you prove that the actual original assignment is bogus, then the note should fall. One thing missing from the presentation that I just discovered yesterday (thanks to the fresh eyes of another mortgage fraud victim) is the fact that according to the original assignment that was supposedly notarized on 04-14-2004 states that the mortgage was “recorded” on 05-25-2004…?!?…and then they waited for a year and a month (after we fell one month behind on our mortgage) to file the “recorded” assignment of the note and mortgage on 06-22-2005. The mortgage was avoided, but that had nothing to do with the note…sad but true….however, for those of you that have looked at my presentation…you can tell this whole transaction has been nothing but a lie from the beginning…yet, here we fight…smh
@ Sheryl – An assignment of a promissory note is not required to be recorded. An assignment of the note as long as the assignment is dated AFTER the date on the mortgage would be valid. Are you sure you are talking about the assignment of the note or the assignment of the mortgage? They are two different documents. Assignment of mortgage is recorded (or supposed to be) but an assignment of note just documents the ownership of the note from one lender to another. If the assignment of the note is found to be bogus it would simply revert the ownership of the note back to the issuer of the assignment but it would not void out the note itself. Note: There are some lenders who will add such verbiage as “assignment of note and mortgage” when they file/filed an assignment of mortgage in public records but not always. Some mortgage assignments only make mention of the mortgage being assigned.
Ah, you would think…the now avoided mortgage assignment recording happened on 11-03-2005 (supposedly assigned on 05-17-2004)… the (bogus) corporate assignment of the “note and mortgage” which supposedly happened on 04-14-2004 (yet the front of that corporate assignment shows that the mortgage was recorded on 05-25-2005 after the supposed notarization occurred) and was recorded on 06-22-2005…six months before the recording of the now avoided mortgage. I find it interesting that a document that supposedly was notarized in April of 2004 would state that the mortgage was recorded in May of 3004…exactly how does that work?
May of 2004…lol…I’m going blind with all these damn dates…
I spent many hours on this presentation and then just yesterday discovered that the assignment also was “notarized” on April 14, 2004 yet, on the very same document it says the the mortgage (now avoided) was recorded on May 25, 2004…how did they know that when the notary was signing the document. Oh ;thats right they didn’t which means that the document could not have been signed on April 14th and if it was it was altered after May 25th…that makes 26 evidences of fraud throughout the packet and that doesn’t even include the now avoided mortgage…smh.
You have tons of issues people can learn from. Looks like Bobbi is knocking ’em down! I had to get clear that they’re pursuing you for the “debt” of the Note. Your case is the mirage/nightmare of foreclosure being voided and then having original? “lender” pursue the debt. I’m reading about fraud, business torts that may apply esp with negligence, oppression and malice. I’ve read about it before but no lawyers will take on so far will keep digging or others may have experience. The NM/AZ case definitely made the point of damage of banks dragging their feet and possible loss of homes.
Another issue that I am having is that this was supposedly a MERS nominated assignment…yet MERS database shows nothing in regards to our address…I find that even more curious…seeing the MERS number is suppose to stay with the loan until it is final.
Coincidence I just asked about that. Was MERS on your Note or mortgage? They were on neither of mine but there were MERS records after the closing of the disputed loan, refi. These records had completely different investor/servicer two years or more after closing. Chase refuses to explain this while they then created new MERS records which they deny even though they provided the MERS information! That’s why we can’t get stuck in “is MERS legal” argument but show how they or the lenders used it to manipulate or mismanage our mortgages and property records. I also had New Century Mortgage on previous loan endorsing Note that Chase took over as servicer but New Century was never recorded anywhere. Only received that purportedly paid off Note with the same stamp you have until recently after 7 years.
All these possibilities where yours is the opposite with blank MERS records when there should be? All points to clouded title where quiet title case should force anyone with a claim to explain. If the judges enforce the law.
Ideally….I would ‘register’ 50 attys….one in each state…..to serve as a laser focused nija….a focal point for us….the one’s w dna that won’t quit…..yeah….a one stop….prepaid….vetted…attorney. …I would only ask for 1 commitment in return…pay it fwd…..so that NEXT SEASON we have 2x the wins…..2x after that…..compound the ‘interest’. Turn the tide….
There are services now that I’m looking at. We have to be organized and start trying them out and vet them as we go since we have the experience and knowledge. With $5,000 we can get some cases in the pipeline and start putting together tools to review, collaborate and publicize. Sounds like we’re thinking along the same lines and others are as well on other sites.
I will request it for what it’s worth. At this point I wouldn’t believe the paper it is printed on. But perhaps it will reveal their lies and deceit. What address do I send the request too. Thanks
There may not be a specific address any more with new law 01/14. I was told to send to following address by point of contact and I also sent to CEO Dimon and trustee.
Chase Fulfillment Center
3801 S. Collins St. TX1-1814
Arlington, TX 76014
I believe there was also an address on Notice of Sale so you may want to review your docs or ask point of contact.
Following section phone and email also has responded. Try not to laugh,
“Our Commitment to Treating Customers Fairly:
If you feel you were not properly evaluated for foreclosure prevention alternatives or inappropriately denied a foreclosure prevention alternative, or you are concerned about fraudulent servicing practices, or other actions you believe may be a violation of delinquency management or default prevention guidelines, including a violation of policy time frames, please call 1-866-209-1720. We will use best efforts to acknowledge receipt of your complaint within three business days following receipt via phone, email, fax or mail and will strive to provide a resolution within 30 days. We will communicate the proposed resolution to you in writing and next steps, if applicable. You can also write to us at:
Chase
Attn: Customer Support
Mail Code: OH4-7302
P.O. Box 24696
Columbus, OH 43224-0696
Please note that we will make every effort to expedite review of your case and provide a resolution prior to foreclosure action(s). However, foreclosure action(s) may still take place during the review of an escalated case.”
chase.nonapproval.disputes@chase.com
Above from Chase web site
QWR is less focused on format now, but Chase may try to use errors such as overbroad request as excuse not to answer things but did provide copy of Note. Check following sections if worried about errors or just keep simple and refer to settlements that should say they need to provide copy at least or just ask for it if you have time and see how they answer.
Looks like the focus is on identifying if an information or error request. If you have a template may want to shorten and customize it and focus on copy of Note.
Qualified written request.
1. A qualified written request is a written notice a borrower provides to request a servicer
either correct an error relating to the servicing of a mortgage loan or to request information
relating to the servicing of the mortgage loan. A qualified written request is not required to
include both types of requests. For example, a qualified written request may request information relating to the servicing of a mortgage loan but not assert that an error relating to the servicing of a loan has occurred.
2. A qualified written request is just one form that a written notice of error or information
request may take. Thus, the error resolution and information request requirements in §§ 1024.35 and 1024.36 apply as set forth in those sections irrespective of whether the servicer receives a qualified written request.
from http://files.consumerfinance.gov/f/201301_cfpb_final-rule_servicing-respa-interpretations.pdf
Now for a Grimm timeout!
The collaboration is awesome….you put a ton of work into it…I worked at hp for yrs….I learned the Body of Knowledge…BoK….will be iterative…it will get refined…
I hereby pledge 16% of my aftertax settlements to THIS board….ill pay it fwd…so that we can break ice and watch YOU save your homes…w attornies…jds w spine and integrity. …yup…when I win…we (the fighters) ALL win….this is my church…dig it. We’ll escrow it out properly….in time. Peace yo.
$33 million to MetLife alone….do the math….plus Chase…plus American Home Mtg…++++…et al.
Triple it for little greys….for ‘punis’. Help is coming……..
777
That’s the spirit we need and the creative writing! I am also thinking along those lines. We need to think about money and time we can devote. If we put together even $5,000 we could do some serious damage with the facts we have here and can confirm. Done right we can help those in dire straights.
@david f any docs on the TARP money payoff data? Also any info on NY AG and CA AG investigator Warren? Think is his name. I’ve sent info to CA AG and the CFPB with violations of settlements and strong evidence of misrepresentation and possible fraud but have heard nothing concrete. CA Monitor is saying they can’t respond individually since they’re going out of business. CFPB helps to postpone sales but I think I’m in the last round of that merry go round. This is the shell game on the govt/settlement side. They say they can’t give any legal help while saying they are checking to see if any laws are broken. I’m pretty sure the settlement language says different. As with the Gov Brown lawsuit there’s also the question of why the monitor is closing down and non profits aren’t taking cases because there’s no money. Where’d the money go?
I have yet to see a copy of my note, but I am sure it is forged. I have my blank originals. I am going back to title co to try to retrieve a copy. Does anyone know how long title companies r required to keep copies?
That’s unbelievable! If you’re Note’s with Chase you should be able to use a QWR and the settlements to have them deliver it. If they don’t you could point to my case and ask why not? I recently received the PAID OFF Note (previous purported loan) they denied me for 6 years! But even that was supposed to be an original but was a copy and it has the contradictions/lies that may bring the house of cards down. Even though you’re in FL? the settlements are like your Homeowner Bill of Rights if with Chase.
7 years
Everybody should review Sheryl Sutter’s post below with her cases docs link.
I’ve sent emails and invites but received no response. Let me know if you’re interested as I want to reach out to others to get a good set of files together to test. Thanks.
by federal respa law the note stays in the lenders vault or in the trustee’s vault in chase’s case they have none of the blue ink signed by the homeowner blue ink notes. the note stays with the mortgage per us. supreme court ruling years ago.
most of the blue ink notes were destroyed in securitization since the banks thoughts mers would cover their butts. but mers in Washington state is dead.
so there is no note thus forgery when they show up in court.
regards
David
wells fargo the trustee for al l bear stearns loans and wamu loans maybe sued chase in federal court under respa law federal law for not having the promissory notes in their vault in Monroe LA.
The fully executed mortgage should be recorded in public records. I thought the note should be too, but then in fla. Notes don’t have to be from what I hear
So true Hammertime and for us still standing. We have to use these as tools to help us in court because they can only deny so much
Keep copies of all checks u paid and when u go to court show the judge and the judge should force them to show how payments were applied. That’s the best I can tell you. Just make sure u keep proof of all payments made
They took my modified payment and waited till they had enough of those to make an original payment which was more than 2x the modified payment and then applied it and all along while they were still claiming I was not making any payment at all. Ask for a copy of how your payments have been applied
Did that and they reversed them after applying them
Then put them in unapplied account then madr escrow
Charges which were fraud to eat up the unapplied
Balance and now refuse tp give me escrow accounting
Statement required by federal law
So far they have allegedly stolen over 100000 grand
Of payments and trying to extort me for 476000 dollars
Includes 313000 balloon on first trust mortgage i didnt
Apply for
They are doing this to millions of people
And tried to make me pay mortgage payments
Twice for same month and year nine times
Regards
David
I told chase to stuff it where the sun dont shine
David
Go david
What is really sad is that chase allegedly under guise of loss
Mitigation n loan mods is keeping all mortgage psyments
From wamu met life n bear stearns mortgages n putting
Them in unapplied payments forcing foreclosures from manufactured
Defaults n keeping the cash for themselves plus cashing in
The derivative hedge bets on the servicing rights up to 43x
The face value of the mortgage
And covering it up
We should be complaining to congress
I guess the uscfpb is corrupt n run by the banks n funded by the
Banks
David
there will be rewards for those still standing….zilla is about to retain…fire…to fight fire…I want these c uh-ohs to sweat it this weekend….they can hear the tension rods pulling on the bear trap….like you know something BIG is going to happen…but you just can’t put your finger on it….banking execs are getting that ‘you’ve got mail’ jingle….only problem is…it is not really love letters….they sent me loads of hate mail…for 6 years….my turn. Steve…Jay Me….you two will fall…on my watch….turns out Chase….you carried a second on my loan….just ‘discharged’ the $47,000 fraudulent note…..good friday jay me…Fyou…too Steve…I want you both in silver….t-n-t.
It will be done…..trust me….you will pay me for your crimes…greedy monsters…yes I just judged you….not early….right on time. Justice on the 777s….@godspeed
Congrats on chase note
David
Just like with the settlement they established a pattern of their wrongdoing so they should be able to with changing acct numbers but from what I understand. That is a big no.
In my first complaint to the OCC in ’09 a paralegal focused on changed account number but Chase dismissed as an internal matter. That’s their arrogance. As Trev says we’re still standing and the laws, settements which took time to get here do make a difference when you catch them sticking to their arrogance even if they’re corrupt and being gamed.
in my case they changed the account number because they lied to their computer that it was a loan mod and allegedly used tarp money to extinguish the old account numbers to avoid the chasemdlsettlement.com judge’s order to turn over the account numbers but I caught them changing the loan terms and increasing the payment amounts and interest rates that those I n the promissory note . that is not allowed in title 12. the loan must be the same terms before and after the transfer. the loan number change is indicative of chase putting your loan into their computer as a loan modification so they can put you in suspense account your payments and then dual track you for foreclosure and cash in their derivative hedge bets up to 43 x your mortgage face principal in my case that is $ 12 million dollars. this is a class Bernie Madoff Ponzi pyramid scheme and by stealing our mortgage payments the y then use that case to sell more arm loans with hidden interest rates and loan terms and interest that are predatory.
that is all against the law and the aclu is suing morgan Stanley in new York city for securitization fraud as discriminatory to homeowners under title 8 VIII fair housing act because all these loans are predatory and illegal under u.s law .
that is what chase is allegedly doing to us all.
and when they say they round up their interest rates. they are really adding 5/8ths of an interest point to the interest rate every six months in order to take the rate for calculation of your next six months of mortgage payments in nine years to the maiximum rate like mine of 12.37 percent . all of which is illegal since these charges are not shown on the mortgage statement or on the truth in lending events of which there are two for your loan. one at orgination and one at closing both disclosure events must be the same rates and interest charges . mine were not and that is where the crime starts.
regards
David F.
http://1drv.ms/1kTbf5Q These are some things that I found in our file. Now mind you the mortgage has been avoided (only took six years); two years later the bank is suing for the note. See if you think my evidence should bring down the bank…and then I’ll tell you the rest of the story…
same old story fraud and forgery
I would have thought that too, however, in our case they actually forged our signatures…not some robo-signing….it took six years for us to finally get the mortgage avoided because we had to fight the bank on an equitable mortgage (they lost). Now two years later they want to sue for the note…hence the pp presentation and hence fraud and forgery. Might be the same old story, however, we were the first to have the mortgage avoided for having homeowners signatures forged in this fiasco…The fact that we, the homeowners have done the due diligence to find this fraud, makes us wonder why, when fraud was already evident in the file, why the banks didn’t do their due diligence to find what we have found. This is officially a ten year journey as of April of this year…
Nice work Sheryl. As a matter of law, shouldn’t the homeowner need to be in possession of an agreement to which he was a party, with both party’s signatures on it? Otherwise, where is the agreement? In our situation, most if not all of the “agreements” in the “closing packet” given to us were merely those first copies of the unsigned originals with no signatures. I’m wondering if this is material in our case. Any thoughts welcome. Thanks.
We never received any documentation from the bank regarding our “refinance” after the closing…had we not had our packet that left with us at closing we would have had absolutely nothing…it was because of that packet we were able to prove we had never signed the mortgage…we didn’t have one in our packet, so therefore there wasn’t one in theirs…
Great presentation! This is the kind of thing I’m talking about where we can show exactly what the docs show and the lies in real terms. I’ve invited people on here to sign up on the system for exchanging files. We can modify these docs so no personal info shows and the system allows you to control who sees them and we can email each other and get forum going etc. Let’s start with a couple and see how it goes. I’ve started with a couple of mine. Are people not getting emails or invitation? If you need help we can communicate and see if I can help with file editing etc.
End of sidebar.
I have some parallels on my docs and even the same endorser on a Note. Just did a quick review but very impressed.
In the old days when the country’s businesses were concerned with their own country and their paying customers this would have brought down any business.
I was hoping to compare my files to the three or four extreme Chase cases on the board but this case can also be a good comparison esp in CA.
I did a quick review and what jumped out at me is that you should have a strong quiet title case. (of course not a lawyer) In normal times ANY fraud was grounds for damages etc. In these Wall St justice days that we just have to pay we have to go to the next level and show where the money went and/or that the purported lender isn’t the original lender or valid beneficiary etc. The endorsements go to that it looks like but I didn’t see any payment history type info. Again, need to go back since you have tons of info.
If we put together a few of these especially with s strong social media approach we can show we’re being treated like second class citizens and justice isn’t blind with Wall St.
You can contact me at following email to either compare notes or to review the file sharing site, whatever you’re comfortable with.
temp email, not real name elsa.carter-avpci3n@yopmail.com
One of my many issues is that in our case…fraud was evident and proved in 2007 (even though it took until 2012 and the 6th US Circuit Court to unhinge their equitable mortgage plea)…the bank was aware that the file was corrupted, yet they never did the due diligence to discover if their were other fraudulent document. Instead they wait until I sue them on their forced insurance (after all they have no document that allows them to insure my home – mortgage avoided); they then decide to sue me for the note. My point, where was the banks due diligence…why didn’t one of their high priced attorneys go through a four day due diligence as I, the homeowner did. The didn’t because they knew they were using my documents and not those of the banks. At what point does the bank have the responsibility to look into the file for FURTHER FRAUDS…smh (I do that alot..smh)
@ Sheryl Sutter – if your mortgage was voided then the only document they have to prove the debt is the promissory note. That being the case, the only means for them to sue is in civil court under an ‘unsecured’ debt – not a foreclosure. Foreclosures only concern those debts that are secured by some form of collateral (i.e. real estate). If they choose to sue you why not just file BK and get rid of the debt forever? If you do go to court and you can’t prove the note is fraudulent the best they can do is to get a lien against you personally. Those can be wiped out in BK too if I’m not mistaken.
@Bobbi Swann…they can’t foreclose…they are suing for the note and all the payments I haven’t made in the past seven years, as well as attorney fees, and all the other fun stuff like interest. My point is that there was already a proven fraud, and now in their lawsuit not only are they using fraudulent documents…they are using my documents, that they never had until the mortgage fiasco…they are pursuing under the unsecured debt….my attitude is that my evidence should more than prove the fraudulence of the rest of the file…and for those of you who have seen it…I would assume you would agree…now to get our attorney to recognize what I am trying to tell him, because in this case, I am not accepting No for an answer…period. Especially with the evidence that you have now seen.
@ Sheryl – since they are going after you as an unsecured debt why not file a counter suit for the fraud on the mortgage? Your attorney (sounds like you need a new one) should pursue that along with all legal costs, punitive damages, etc. as part of the counter suit. Even the National Mortgage Fraud Agreement allows you to go after them personally in situations such as yours.
David I agree, but surely u have proof somewhere that they switched loan numbers and if there are 2 million. That is a powerful # and more need to come forward. They tried to xfer. The servicing of my loan right after my loan mod supposedly became permanent and then they reneged. I see the scam they pulled on me.
yes I have proof including docs from the federal trade commission and 50,000 of the old account numbers from trustee wells fargo. that is why I filed a state bar complaint against kellerrohrbach.com here in seattle wit h the Washington state bar which is in process of allegedly with kellerrohrbach. covering all this up. no on e will file an appeal to the federal appeals court . I cant since I was barred by kellerohrbach.com to be I nthe suit as well as chase since the yknow I would blow the whistle on them. the state bar complaint is still in play in seattle wi the Washington state bar against ms cappi o lead counsel for the plaintiff homeowners defrauded b ychase . I am the only person that is complaining. that is the problem no one will raise hell not with the court not with wa state bar and not with us cfpb or justice dept.
we keep getting screwed and no one is complaining to congress or ag eric holder as far as I can tell.
but yes I have proof but I am not a lawyer so m y guess it all could be thrown out as fabrication knowin g these crooked scumbags.
regards
David
MS CAPPIOS COUNSEL A NOTHER ATT0RNEY HIRED BY HER TO ADDRESS THE STATE BAR COMPLAINT I FILED WROTE THAT CHASE TOLD THE COURT THERE WERE ONLY 60,000 MODS DONE AND ONLY GAVE THEM THE NEW ACCOUNT NUMBERS . SO THEY EVADED AND ALLEGEDLY LIED TO THE FEDERAL JUDGE BY OMISSION AND MY VIEW IS THAT THE ONL YWAY THEY COULD EXTINGUISH LEGALLY ALL THOSE OLD LOANNUMBERS WAS TO — USE FEDERAL tarp MONEY TO DO THAT . IN OTHER WORD THOSE LOAN MODS NEVER HAPPENED.
WE ARE WATCHING A COVERUP OF MASSIVE PROPORTIONS HAPPENDING BEFORE OUR EYES
IN MY HUMBLE OPINION.
dAVID
I have made posts that never appeared on the board, too.
Chasemdlsettlement. Closed yesterday but will not be final til appeal period over
Yeah well that appeal period could be YEARS and knowing the banks they will drag it out as long as the applicable laws will allow.
did any members of the class object to the settlement and file an appeal nationwide
my attorney told chase to go stuff their mod where the sun don’t shine yesterday
they harassed me the entire month of april to file for one.
and even harassed my attorney for two weeks
the chase guy was joe shea out of Columbus/Gahanna ohio 614 area code
tel no 614422 5631 that is a local number for chase in ohio if you want to call them about something
best regards
david F.
and my guess that appeal period is not going to last long.chase doesn’t want it to get out there are two million loans that were modified that never got a notice about this suit since chase illegally allegedly changed all the account numbers using TARP money to do it andchanged the loan terms as well under the guise of a loan mod to disguise an illegal loan transfer.it would have cost chase 2 billion dollars to mod all the fraudulent mods they did from 1999 to 2010.
so now they can run their alleged Ponzi pyramid Bernie Madoff mortgage loan scam with predatory loans tied to derivative hedge bets run by chase hedge fund managers with interest rates on these former bear stearns emc mortgage loans going to 12.37 percent in nine years sincethey are adding illegally over1 percent to the interest rate per year instead of 2/8thsof a point that the promissory note says.
their computer is already programmed for this next new round of massive foreclosures and chase did this allegedly with no TILA or RESPA or HUD 1 disclosures or official notices to their customers. this may be true for met life lOANS AND wamu LOANS AS WELL.
REGARDS
dAVID f.
Pretty quiet around here, bank checks stop coming in? lol
Agrees
Have we been hacked
And postings n threads been
Deleted
David
Great article on the bs of too big to fail:
“In 2009, the recovery was fragile, and besides, we had just sunk all that cash into bailing out the banks. Busting those who committed financial crimes would risk undoing all of that. Prosecute our clients, said the bankers’ lawyers, and you risk destabilizing a fragile financial system. Put a systemically important financial institution in your cross hairs, and you put the entire global economy at risk.
The Bush and Obama administrations bought this line of reasoning.
This argument should never have carried the day. The job of a prosecutor is to prosecute, not to make economic forecasts. Convincing various governmental departments not to do their jobs was a masterful act of salesmanship, one that undercut fundamental principles of rule of law.”
http://www.bloombergview.com/articles/2014-05-02/banks-take-the-economy-hostage?alcmpid=view
Yes and lots of bribe money to drive it home
David f
That’s the disconnect, though it is from Bloomberg and gotta give them credit for publishing this but it’s not salesmanship but treason! Gotta go back and read again since it’s exactly what I’m facing where agencies/local govt are IGNORING the law and I keep thinking they’re doing what the lobbyists have convinced them to do.
More bribe money via law firms n health foundations
Does anyone remember reading that most of the flower companies looking for your mother’s day business of sending flowers to your mom is owned by a bank?
karen- to be a whistle blower, look up the local FBI office in yoiur phone book, knock on the door, and tell the receptionist agent you are here to report a crime. they will be happy to see you and take your evidence. it costs you nothing. only a us attorney can put people in jail. it needs to happen more often.
karen, dont be afraid, expose all u can, no matter how big they r. see attorney for help. we cant let others lose faith in the system.
CHECK EVERY DATE ON EVERY DOCUMENT THEY HAVE. the Plaintiff withdrew during the trail, the good news is: he was so rattled I am pretty sure he left court, and did not stay for his case after ours with same witness, I think they won because I did, I hope so. am going to court house to day, to get records. the judge will not let them come back with same complaint, I had a fair Judge. witness tried to testify LPS was active for Bayview (created in 2011) had a doc, giving authority that on 4-3-2006 for a loan created on 3-23-2007, what do you do if you find whistle blower evidence? I am scared these are big corporations, plaintiff gave me his file in court. I can put them down.
Karen, I have some of the answers for you.
I don’t offer help to very many, and probably do know what I am talking about. Please contact me, I believe it will be worth your while.
My contact info is in the note I left for you in reply to your prior posting. You should find it below.
re chasemdlsettlement.com my complaint to wa state bar regarding conduct of class action counsel ms cappio of kellerohrbach.com in seattle wa state barcomplaint and submitta of additional evidence.
hello Ms. Powell of Washington state bar disciplinary counsel office in seattle wa. In reference to my complaint about ms cappio and ms obrist of kellerrohrbach.com in seattle wa. and your letter asking for more evidence to be submitted by me.
I have the original envelope with postal metered postmark and bar code scan b y the uspa if you need that.
I request that you acknowledge your receipt of evidence sent to you by me by mail or email
attached are pdf docs sent to me by ms cappio’s defendant this past Saturday
in which they admit in the docs a loan mod was done on my loan starting with 002 first three digits
please see screen shot in second pdf file showing at the bottom of the page a boldened by me dollar amount of $ 13,664 demand to make the same mortgage payments twice.
lombino martino
and that this loan mod or another mod was not finalized as ms obrist asserted in her email to me. that being the reason why I am not in the lawsuit.
these docs clearly show that a loan mod on the current loan number starting with 102 ending in 6526 has loan mod active on it which I did not apply for or approve. and that I have been charged for an appraisal and payoff statements twice without any authority to do so by me.
these are ms cappio’s defendants in the chasemdlsettlement.com lawsuit in the federal district court o f boston ma.
they also show the alleged extortion of me by ms cappio’s defendant while this suit was and is going on in the court above.
a spreadsheet from chase computer prepared by ms sparks per her letter in the pdf file shows that all of my payments were reversed in January 2013 after being applied and reversed back across a previous calendar year without notifying irs of the effect of that on my mortgage balance.
then in another document attached it shows that in January 13 the beginning date of the reversals chase.com sent me a paperless mortgage statement for payment due feb 1 2013 demanding that I pay the same payments again for $ 13,624 dollars or approximately 9 mos of payments already paid
there is an escrow tx history showing that chase extorted allegedly again for my escrow funds by transferring all of the above to my unapplied funds and that charge those monies with false charges to eat up the unapplied balance and all of my payments disappeared. over $ 30,000.
please print out these docs in the file.
the evidence indicates that while ms cappio was in court on this case, chase may have used TARP taxpayer bailout funds to extinguish the bear stearns old loan numbers shown in the file on the mod agreement in the upper left hand corner starting with 002. once these old loans were extinguished which chase is trying to show I nthe spreadsheet as one loan number back to 2007 but the mod agreement is for the old loan number for the first trust.
once the extinguishment took place chase under the guise of a loan transfer originated or created a new unilateral loan for me and many many other bear stearns loans for wa state residents with a total number of roughly two million and then in my case raised the interest rates and loan terms with a balloon payment in 2037 so that my new loan would pass chase computer net present value model software for a loan modification.
the point here is that this is not compliant with federal law , I never applied for a new loan or a loan mod and then chase while ms cappio is dancing with chase created a new loan in violation of federal and state law and not compliant with Washington state law and then hired an attorney to try to foreclose on me saying I was in default when I am on chase website four payments ahead.
there were no tila laws no respa disclosures and according to the testimony from current mdl settlement class members chase is not providing as required by federal law any disclosures on the loan mods offered to wa state residents.
as I have mentioned to you that ms cappio and ms obrist may be directly responsible for this harm done to me as a disabled veteran as well as many other veterans nationwide and was state because of the their alleged actions.
allegedly
best regards the key word in mr potter’s letter is unilateral meaning one sided creation by chase.
David Black
so n my case chase has absconded allegedly with over $ 50,000 of mortgage payments and escrow funds from me and tried to extort me for thousands and thousands of dollars but the evidence prepared by chase personnel clearly shows that once you can connect the dots and decode this alleged confession.
I am requesting that you obtain the new York AG Eric Schneiderman lawsuit against chase bear stearns on behalf of the investors that own my mortgage or used to own it. the alleged extinguishment of my old loan changes everything .
the point here is that chase per mr potter’s letter to chase attorney Barbara bollero created a unilateral loan in oct 2011 which was and is part of this lawsuit just like the old loan number and created it without any legal authority or permission or applications from me to do so and didn’t even have the required respa notice of the new loan number sent to me.
as required by federal law and no mortgage statements from april 2011 until march of 2012 for both old and new loan numbers and put all my payments in suspense accounts and then tried to foreclose.
I only have a masters degree in banking and finance and studied law and read the law in the VA to become an attorney as allowed by the state bar there under a licensed attorney and I did my masters thesis on chase financial operations and worked and trained by the us treasury dept to spot and identify fraudulent bank activities and my perception that this alleged evasion by chase attorneys to omit all these old loan numbers and create new loans and liens on wa state homeowners property is a gross violation of federal and state law and evasion of irs taxes is a felony.
and this evasion of not providing the old loan numbers to the court including my loan is a crime one and two a violation of wa state bar and any state bar canon of ethics that has caused me great harm for over seven years now and hundreds of thousands of dollars of harm
best regards
David f.black
please stipulate on a written document sent to me and ms cappio all evidence submitted.
it is not legal to originate mortgage loans and liens without the consent of the homeowner and that goes for loan mods as well.
thank you for your support.
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I just posted this o n uscfpb.gov website for my complaints against chase.
chase has not resolved a single monetary dispute in seven years on my predatory illegal loan as part of their Bernie Madoff Ponzi pyramid mortgage scam tying predatory loans to derivative hedge bets on m y servicing rights on m ypredatory loan which they created with higher rates after the alleged loan transfer from emc mortgage in april 2011.
In my first complaint to the OCC in ’09 a paralegal focused on changed account number but Chase dismissed as an internal matter. That’s their arrogance. As Trev says we’re still standing and the laws, settements which took time to get here do make a difference when you catch them sticking to their arrogance even […]
in my case they changed the account number because they lied to their computer that it was a loan mod and allegedly used tarp money to extinguish the old account numbers to avoid the chasemdlsettlement.com judge’s order to turn over the account numbers but I caught them changing the loan terms and increasing the payment amounts and interest rates that those I n the promissory note . that is not allowed in title 12. the loan must be the same terms before and after the transfer. the loan number change is indicative of chase putting your loan into their computer as a loan modification so they can put you in suspense account your payments and then dual track you for foreclosure and cash in their derivative hedge bets up to 43 x your mortgage face principal in my case that is $ 12 million dollars. this is a class Bernie Madoff Ponzi pyramid scheme and by stealing our mortgage payments the y then use that case to sell more arm loans with hidden interest rates and loan terms and interest that are predatory.
that is all against the law and the aclu is suing morgan Stanley in new York city for securitization fraud as discriminatory to homeowners under title 8 VIII fair housing act because all these loans are predatory and illegal under u.s law .
that is what chase is allegedly doing to us all.
and when they say they round up their interest rates. they are really adding 5/8ths of an interest point to the interest rate every six months in order to take the rate for calculation of your next six months of mortgage payments in nine years to the maiximum rate like mine of 12.37 percent . all of which is illegal since these charges are not shown on the mortgage statement or on the truth in lending events of which there are two for your loan. one at origination and one at closing both disclosure events must be the same rates and interest charges . mine were not and that is where the crime starts.
all o f chase reponses have no oath of truthfulness like Itake to submit my complaints and not signed by an y exec authority. all v.ps have been fired who have tried to help me locally here with this mortgage problem and now chase is trying to cover everything up andmake me pay my mortgage payments twice while they load up m y cushion in m yescrowbalance and refuse to give me an escrow statement for 2013 .
Take all your evidence of the fraud and file a lawsuit! You have everything? Stop playing in the courts ball field…it’s rigged! Just make your allegations and prove it with your evidence…Exhibit A…Exhibit B…You are the best one’s to fight it from the accuser…not the banks…they can’t prove shit!
Just my thought this evening!
Good to hear Angel. We know evil never will prevail.
New York has a new plan brewing to build 200 thousand units for all incomes 80/20 apparently to cover up all the homes and apts stolen that many of us has spendt 30, 40 or 50 years working for
and now they expect us to start again all the while putting the fraud on the back burner.
angel , what state r u in? Alot of us on this website has experienced the same crap with Chase. They r beyond dirty. Hang in because the longer we stay in , they are getting more exposed everyday for the sh** way they have been treating us! I think they will have to come clean at some point. They did the same thing to me. They want to break you down and take your property, but don’t let them. Complain to the OCC, state AG, as many as you can. We will break them. They wont break us tuff guys.
Ky, & thank u for responding & I’m still in my home,so I haven’t lost,but its a damn shame the hell we’ve went thru to be heard & proof of pymt used to be SOLID proof/case closed,,,chase is evil & deserves to be knocked off their crumbling pedestal….I will NEVER give up:-) 🙂 🙂 🙂
My family is from KY angel
Regards
David
So is mine,well a lot of em,lol…I luv,luv ky:-) 🙂 🙂 I pray u get resolution:-) 🙂
I’m beyond frustrated!!!& need advice please!!!!! I’m in the 4th yr,of my nightmare,2yrs I’ve had a lawyer,but the harassment won’t stop,by mail,email,couriers in my yard taking pic’s 1-2x’s a month!!!!I have been forced into default Without EVER missing a pymt,forced flood insurance never needed,forced into foreclosure,,,,,,100% false credit reporting by lender of missed pymts received & cashed,no deed,never filed with our county,mis-applied monthly pymts,destroyed us on purpose due to a re-fi attempt to GET AWAY from chase,through Quicken Loans revealed COLLATERAL TITLE ISSUES,no deed,that point forward paperwork,phone records show chase was FORCING us out because I demanded answers over deed,yet I can’t MOVE this case forward???what or ”who” do I need to contact to reach some what of a normal life again?
hello angel am going through the same thing with chase. I am four payments ahead for ten thousand dollars andthey are still doing the same crap to me as you.
been fighting them for seven years.
they need to be shut down.
I did find some leverage by complainging to uscfpb.gov and submitting a complaint
address your complaint to ceo chase mortgage banking kevin watters and mike zsarro head of their default management group. these people are alleged crooks and scumbags and lowlifes rabid bonus driven execs.
they are driven by bonues from derivative hedge bets against you up t o 43 x your mortgage amount. if they foreclose they make all that money.
you can google that term and chase testifying to ellen warren of us senate banking committee that they are doing this to people
if you write to uscfpb is even better to rickard cordray director. in Washington d.c.
keep complaining and make chase document to the government what they are doing to you.
if you really want to stick it to them call mr wagner us attorney for eastern district of northern California in sacramento ca ask for his asst ms winger and leave a message for him
he is preparing a criminal indictment of chase that will shut them down permanently.
we all need to form a stampede on the govt officials complaining about chase as to their criminal misconduct. it my case it is extortion grand theft and larceny allegedly.
regards
David
THANK YOU:-) 🙂 🙂 🙂 THANK YOU:-) 🙂 🙂 I will be using this info:-) 🙂 🙂 🙂 🙂
step 1. recognize today for what it is..Cinco Day..
step 2. take your last $7.50 and buy a 6 pack and 3 limes..while you can.
step 3. after beer 3, call your LOCAL police…ask for a detective..have your docs ready.
step 4. be prepared to go to the Station…report the Fraud…names..dates..reasoning.
step 5. wait 7-10 days….fill out a ‘request for report’…pay the $5-25.
step 6. submit THAT report w a letter *…notarized..asking for your 3 things…whatever they are.
step 7. wait 30 days for your servicer/abuser to respond…at day 31…go to step 8.
step 8. call me….1.208.703.9525.
step 9. welcome to the Dragon’s Nine Step ProGram. 9….german for ‘NO’.
‘Just say ‘NO’…then call IndigoBro… that’s what EYE wood DO.
****** please include a cc: notice/copy to the appraiser, lawyer, realtor.
Thank you so very much:-) 🙂 🙂 🙂 will be doing this also:-) 🙂 🙂 🙂 🙂
You don’t have an attorney any more? If not,why? Did you ever ask a title company to run your title for you? Did you get title insurance when you purchased the property? What kind of “collateral title issues’ was revealed when you tried to refinance with Quicken loans? Why would flood insurance be forced upon you if you are not in a designated flood zone that requires flood? When you reference the word ‘deed’ are you referring to the warranty deed given by the seller or the mortgage deed of trust? What state are you in?
You have left out a lot of information that would be beneficial to us all in order to help you.
I have a lawyer,I had flood insurance/Allstate,forced flood stems from wrong home value,&incompetence,title issues revealed by quicken is just that,no deed/title/note.& never filed with my county,I’m in ky, & also chase electronically put back 12thousand bucks while still suing me for bogus debt,who gives money,a lot of money to someone they claim owes a debt?
@ Angel – the National Flood Insurance Program (NFIP) determines what property is in a flood zone by state, county flood maps. It is not determined or have anything to do with the value of your home. It does make a difference at what elevation you are at as to the level of insurance you will have to have. If you are within a designated zone that requires flood insurance according to the flood maps you will have to carry that insurance as long as you have a mortgage. And, if you have title issues and you have an attorney then those issues should be brought to the court’s attention. Attorneys have the capability of getting a title search done and that’s what should have been done from the get go. You should go back to the agent who closed your mortgage whether it be an attorney or title agent and have them pull your file. Your title insurance that you paid for would cover ‘defects’ in title. Make them anty up and pay! File a claim on the title insurance underwriter (i.e. First American Title, Fidelity Title Ins., etc, etc.) Did you get copies of these things when you closed and did you ever received your Warranty Deed back from the recorder’s office when you closed on your home?
Bobbi,I am in a flood zone in 2008-2013, I had flood insurance,& chase was going by home value,FEMA is a set amount,chase requires 80%coverage on flood,80% of my home value,,as of 2013 I’m No longer in a flood zone according to notice from chase?
Bobbi,I have everything from the closing,but Nothing from my county,it was never filed,,I’ve been served 2summons,2-2011 & 4-2012,the last one is amended..& clearly states on summons,due to clerical error the deed/note has become ”lost” & due to clerical error”never filed in our county” they serve me,I respond with bank statements/notices from within chase of confirmation of account current & PD on time,boom run around,passing me off to Executive Offices to be shredded verbally,to going above their head w/complaints to boom! Served again same default already proven paid,,,I’m being 100% jerked around,since 4-2012 to now 5-2014 I’m still in limbo,passed along/over,,,its getting beyond toxic on me/normal life but my DNA will NOT allow me to quit when I did ZERO to deserve this nightmare,,THANK GOD FOR SITES LIKE THIS:-) 🙂 🙂 🙂 🙂
Hello Bobbi
You said you r in the chase mdl case from fed court in boston
Cstyle
Ive opened a wa state bar complaint for me you n
Others to complain about the settlement done by
Kellerrohrbach.com in ny and seattle
The complaint is against the lead counsel gretchen cappio
And gretchen obrist
If you want more details my email is blackvan@yahoo.com
The wa state bar counsel is sachia powell
In seattle
If you contact me by email i will give you her email
She is gathering evidence
Best regards
David f
sister helps brother
brother helps sister
see….we are stronger together..as one.
this weekend the AGs….all of them…are getting ‘recalibrated’….so that china does not foreclose on these United States….eventually the ones who ‘allowed’ the theft have to drop the hammer…and help compensate those robbed….either they investigate and try/fry….or they learn mandarin….they were presented the option…. enjoy the roses…777
I now know why they called…..they…the Bank cage…like in vegas…the springs. W a t e r….
Legal shield 424213 lombino martino randy martino and sally hiserman.
alleged chase confession of wrongdoing in their own hand employees blowing their whistle and all on chase stationery . there over 10,000 additional docs from chase and other emails and docs to support these substantiated allegations
copy to mr wagner us attorney sacramento ca pursuing chase for criminal misconduct related to $ 13.5 billion fine against chase by eric holder us doj AG and mr uran of Portland Oregon u.s. attorneys office who has talked to mr potter about this.
please see screen shot save of feb 1 2013 notice from chase.com. giving me paperless notice I need t o pay my payments ON MY MORTGAGE TWICE GOING BACK TO MAY 2012 AS GIVEN NOTICE ON JAN 12 2013 FOR PAYMENTS IN THE PREVIOUS TAX YEAR. THIS IS JUST ONE OF THE ALLEGED EXTORTION ATTEMPTS THAT TOTAL $ 476,000. they reversed in the spreadsheet Rick and Tiffany both have. in other words they took the payments put them in their pockets and put them in suspense after reversing them after they were applied the year before and then charged escrow payments seen in the attached docs in the escrow summary starting in 2013 to eat up the escrow balance. THE REVERSED PAYMENTS WERE NEVER REPORTED TO IRS.
the escrow tx history is non compliant with the escrow federal accounting mortgage act that has specific formats for chase to use. I sent them via secure email from chase.com website for my mortgage account with complaints to uscfpb as well and copies to rick potter, my request for an entire 2013 year with full and accurate explanation of all the charges and the balance of the escrow cushion and charges to it as allowed by the above federal law.
they denied my request and have no idea what the cushion balance is or any transactions credit or debit to it.
they stonewalled me.
we now with the two docs attached have in my opinion a full confession of wrong doing including extortion , grand theft , grand larceny by chase personnel including kevin watters and ceo of chase mortgage or chase home finance along with mr mike zsarro s.v.p of chase home finance default management group ej reed Vicky hall Tanya smith supervisor , joe shea
evita clowney , Teresa sparks along with local chase bank personnel rob mally v.p. Kelly matthers fired v.p. and lena Houston senior v.p here in Vancouver wa. all with full knowledge of conduct specified above.
the total amount of extortion attempts including the $ 313,000 BALLOON PAYMENT NOTICED TO ME BY CHASE.COM WEBSITE FOR A FIRST TRUST LOAN THAT I NEVER APPLIED AND EXTINGUISHED ALLEGEDLY BY TARP MONEY AS TESTIFIED TO ME BY OTHER CHASEMDLSETTLEMENT.COM SUIT CLASS ACTION MEMBERS, EXTINGUISHMENT OF MY ORIGONAL LOAN NUMBER AND LOAN BALANCE USING TARP MONEY IN ORDER TO NOT HAVE TO NOTIFY THE FEDERAL JUDGE OF THE TWO MILLION MODS DONE ON LOANS IN WASHINGTION STATE AND THE OTHER U.S.STATES IN THIS NATIONWIDE LAWSUIT.
BY DOING THAT CHASE SAVED APPROXIMATELY 2 BILLION DOLLARS AND WOULD HAVE RECEIVED MUCH LESS INTEREST ON THE LOANS . BUT THEY ALSO PER MR POTTER’S LETTER TO CHASE ATTORNEY MS BOLLERO ALSO WROTE A UNILATERAL LOAN FOR ME WITHOUT MY PERSMISION WITH HIGHER INTEREST RATES HIGHER LOAN TERMS WITH BALLOON PAYMENTS ON FIRST TRUST LOANS AND DID THE SAME THING TO APPROXMATELY TWO MILLION OTHER CHASE MORTGAGE LOANS FORMER BEAR STEARNS EMC MORTGAGES.
THE ESTIMATED TOTAL AMOUNT OF EXTORTION ATTEMPTS ON ME BY CHASE MORTGAGE INCLUDING THE BALLOON PAYMENTS DUE IN 2037 WHICH MR POTTER HAS A SCREEEN SHOT SAVE BY ME IN HIS RECORDS IS INCLUDED IN THIS AMOUNT.
THE TOTAL AMOUNT OF ALLEGED STOLEN PAYMENTS BY CHASE SINCE 2007 EQUALS APPROXIMATELY $ 55,000 WHEN WE INCLUDE INTEREST ON MY MONEY STOLEN BY CHASE IN UNAPPLIED PAYMENTS REVERSED PAYMENTS AND NO MORTGAGES STATEMENTS ON TWO LOAN NUMBERS FOR THE FIRST TRUST.
RIGHT NOW THERE IS NO RECORDING OF ANY VALID LOAN AT THE COURTHO– USE ASSIGNED TO A BENEFICIARY OF INTEREST AND CHASE REF– USES TO CREDIT ME FOR THE FOUR PAYMENTS AHEAD SHOWN ON MORTGAGE PAYMENTS FROM 2008 AND THEIR OWN WEBSITE FOR BOTH OLD AND NEW LOAN NUMBERS
AND NOW WE HAVE A FORCED PER APRIL 14 2014 LETTER FROM CHASE MS TERESA SPARKS ATTACHED SHOWING I HAVE A UNILATERAL LOAN MOD ACTIVE AND NOT APPROVED OR APPLIED FOR AND PAYMENT OPTIONS AT 1.86 PERCENT
FOR A LOAN BALANCE OF $ 89,176 DOLLARS AND CHASE’S MS VINCNET LETTER TO MR POTTER SAYING MY LOAN BALANCE IS $ 388,888 DOLLARS ONTHE FIRST TRUST AND CHASE REPORTED TO TRANSUNION THAT I OPENED A NEW LOAN WITH THEM FOR $ 300,800 AND RICK POTTER HAS THAT PRINTOUT AS WELL.
IN OTHER WORDS TWO FIRST TRUST LOANS SIMULTANEOUSLY.
THIS YEAR CHASE GOT THE SECOND TRUST LENDER TO SEND ME AN AFFIDAVIT TO SIGN THAT I STILL LIVED IN THE HO– USE WHICH I SIGNED AND RETURNED TO RUSHOMRE LOAN MGT SERVICES WHICH DOES NOT HAVE AN OFFICE IN WASHINGTON STATE AS REQUIRED BY STATE LAW AND NOT ENFORCED BY WAS H STATE AG .
MR POTTER IS CURRENTLY BEING HARASSED IN VIOLATIONOF THE FEDERAL FAIR TELEPHONE COLLECTOIN PRACTICES ACT BYCHASE’S MR JOE SHEA OF GAHANNA AND COLUMBUS OHIO TO ALLEGEDLY FORCE ME TO SIGN A LOAN MOD WHICH I WILL NOT DUE UNDER ANY CIRUCMSTANCES.
CHASE HAS LIED ALLEGEDLY TO THE U.S FEDERAL DISTRICT COURT JUDGE IN BOSTON IN REFERENCE TO AL L THE OLD ACCOUNT NUMBERS AS SHOWN ON THE LOAN MOD DOCS ATTACHED TO THIS EMAIL BY OMITTING THEM TO THE JUDGE ND COURT PER ORDER UNDER CHASEMDLSETTLENNT.COM SO TWO MILLION HOMEOWNERS DO NOT GET THEIR MODS AND STOPPED FORECLOSURES UNDER THIS LAWSUIT SETTLEMENT ORGINALLY FILED IN YAKIMA WA IN JANUARY 2010 AS A FEDERAL FAIR DEBET COLLECTION PRACTICES ACT CASE WITH A STATED MONETARY CLAIM OF BILLIONS OF DOLLARS FOR HOMEOWNERS AND DISABLED VETERANS LIKE ME TO GET RESITUTION FOR HARM DONE BY DUAL TRACKING FORECLOSURE AND FRAUDULENT LOAN MODS DONE BY EMC MORTGAG BEAR STEARNS CHASE FROM 1999 TO 2010 ON FIRST AND SECOND MORTGAGES THAT WERE ALL FRAUDULENT AS SPECIFIED IN COMPLAINTS FILED BY KELLERROHRBACH.COM IN FEDERAL COURT IN YAKIMA WAS PER FEDERL FDCPA. CONSUMER HOMEOWNER COMPLAINT AS A CLASS ACTION JUST FOR WA STATE HOMEOWNERS.
IT WAS CHANGED AND MONETARY CLAIM DROPPED BY KELLERROHRBACK AND THE FEDERL JUDICIAL MDL COMMITTEE FROM THE SOUTERN FEDERAL COURT DISTRICT OF NEW YORK AND CHANGED TO LOAN MODS ONLY NO MONEY TO HOMEOWNERS ONLY MORE ALLEGED FRAUDULENT LOAN MODS WHICH CHASE IS TRYING TO FORCE ON ME NOW AND I AM NOT EVEN IN THE LAWSUIT CLASS PER LETTER FROM CLASS ACTION COUNSEL EVEN THOUGH I WAS PROMISED I WOULDBE BY SAID COUNSEL IN WRITING AND OVER THE PHONE.
FOR THIS I FILED A STATE BAR COMPLAINT FOR THAT AND THEYDID NOT APPEAL THE FEDERAL JUDGE REFUSAL TO CHANGE CASE BACK TO FEDERAL FDCPA JUDGE ROBERT A STEARNS OF BOSTON MA FEDERAL DISTRICT COURT.
END OF EMAIL
PLEASE SEE ATTACHMENTS FOR CHASE CONFESSION WRITTEN BY THEIR EMPLOYEES IN OHIO BUT NOT SIGNED BY ANY EXECUTIVE SUCH AS MR KEVIN WATTERS OR JAIME DIMON.
AND ON CHASDE STATIONERY AND DELIVERED TO ME VIA CHASE.COM AND U.S.P.S MAIL ON SATURDAY MAY 3. 2014
REGARDS DAVID BLACK
I A M PROTESTING TO THE WA STATE BAR IN SEATTLE WA THE ALLEGED SELLOUT OF ALL DISABLED VETERANS LIKE ME BY NATIONWIDE BY KELLERROHRBACH.COM BY NOT MAKING SURE THAT CHASE NOTIFES ALL 2 MILLION LOAN MOD VICTIMS LIKE ME.
WHEN PART OF THE SETTLEMENT IS THAT THE FEDERAL JUDGE WILL SET ASIDE ALL FORECLOSUES IN PROCESS BY CHASE IF THE HOMEOWNER/VETERAN RECEIVES PROPER NOTICE FOR BOTH THE OLD AND NEW LOAN NUMBERS THAT WERE ALLEGEDLY OBTAINED ILLLEGALLY BY CHASE USING FEDERAL TARP MONEY IN VIOLATION OF THE US FEDERAL FALSE CLAIMS REFORE ACT. WHISTLEBLOWER LAW.
there is a related lawsuit by ny ag eric schneiderman in new York superior court by his office against chase bear stearns trusts after cohen and Milstein sued and settled with chase bear stearns on behalf of the investors in my mortgage which mr schneiderman is using again on behalf of the owners of my mortgage
boilermakes and blacksmiths union of Kansas city Kansas and two other pension funds railroad and health care
all afl cio related labor organized labor unions under jurisdiction of the u.s dept of labor.
regards
David F.Black a permanent and total disabled cold war / Vietnam era veteran by us federal veterans administration and us federal social security administration related to military naval service during viet nam war.
Bobbi Swann thank you! I will read what you sent, and I had that 559.552 in there. The judge ignored so I am going to use Florida Civil Rules of procedure 1.190(d) that I have a right to amend my affirmative defenses with new evidence coming to light. Believe me I plan to bring it all into his face! Thank you! I just found 1.190 after I posted and I am also going to look into some other things with the FDCPA etc.
ldynps I don’t believe I can at this point, as the pleadings are closed and we are one month away from the close of discovery. That Answer I filed was already an amended one the judge gave me permission to file. Thanks, I will look into the rules. Thank you though
Sounds like the bank mafia trying to scare u out of ur home, not surprised and have no fear. They r going down
Flip that pyramid over sunshine…..THEY are in OUR corner….they want a watch that tells the time so to speak…..ACCURATELY…no fraud….in Asia….fraud is shame worthy.. akin to karmic murder. I am ‘sharing’ the news…and it is good.
ps…there is no such thing as mafia….only karma and that we make ourselves….solo.
We are in a safeharbor now…..w big friends…my enemies’ enemy is my Friend….I am from L.A….18th St is on a peace accord…top down…y soy la ona…mi otre familia…mi vatos…we ride.
Im going dancing…to celebrate…
Phoenix Rising.
Chris…I believe you just need to amend your Answer….
I have a very important question.
I filed a comprehensive answer and affirmative defenses. I scoured this course to do it correctly.
Unfortunately at that time I didn’t realize that under the FDCPA I was protected against this debt collector.
Now the judge is telling me it wasn’t in my affirmative defense so I can’t bring it in.
Is this true?
He also says that the UCC “trumps” the FDCPA in Florida. Any knowledge about this?
(Sorry I don’t see how to begin a new topic on this forum)
Thanks
Chris
File your AMENDED ANSWER right away…I think?
@ drchris11 – Obviously you are in the state of Florida. I believe he may be wrong on ‘UCC trumps the FDCPA in Florida. See here taken from the Florida Statutes:
559.552 Relationship of state and federal law.–Nothing in this part shall be
construed to limit or restrict the continued applicability of the federal Fair
Debt Collection Practices Act to consumer collection practices in this state.
This part is in addition to the requirements and regulations of the federal act.
In the event of any inconsistency between any provision of this part and any
provision of the federal act, the provision which is more protective of the
consumer or debtor shall prevail.
As the UCC (which is a Federal Act) you should read the below and pay attention to page 11 with regards to state courts.
Oh, and you should be able to file Leave to Amend as is your right to do so before the close of discovery. If needed, you can research the law library for prior cases that have done so and cite those in your filing. Plaintiff’s attorneys do it all the time. I know, they have done it in my own case.
Good Luck and fight on!
sorry, forgot to put in the link for the UCC:
http://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=1827&context=faculty_publications
Karen….way to go!!! Thank you most of all for sharing this wonderful TKO..in the 12th…lights out on the 7s. Guuuuurl….you just broke thick ‘unbreakable’ ice….precedence was set…and then shared …..smashes top only of full chilled Dom Magnum….lowers on rope w card…flower..and thanks…..in the end…good always wins Karen and your support team…never easy, always worth it. Again…..by communication like yours…we all share in your VICTORY…JUSTICE….and LIBERTY…you may need 2 yrs to fully recover….expect an adrenaline fallout….tears of joy. 777
here is some all of our stolen money – read article- a partnership between Fidelity and LPS – you remember them LPS Docx that wonder woman who made millions of fraudulent documents
Fidelity National Financial Management Discusses Q1 2014 Results – Earnings
Garfield/Weidner talking about judges allowing perjury in FL. Real reasons why we’re frustrated with the courts but it goes to political system etc as well. It seems some are resorting to not go through discovery it’s so bad. Bottom line we have to do our own presentation of the facts and we have to handle our own situations as best we can. Hopefully doing the former as a group will help us on the latter.
http://mattweidnerlaw.com/florida-courts-taking-advocacy-role-tossing-around-foreclsoures/
Hammertime – the link you provided is my attorney in my case. I not only go to my hearings but I’ve also sat in some of the other hearings for Matts clients. It is a joke! It’s not just one county, but in all of them. I’ve been to Pasco hearings and Pinellas hearings and it’s the same vulgar desecration of due process of law as well as our constitutional rights. Matt Weidner is a fighter but I’ve also seen how the courts are wearing him down as the judges turn their heads from the scrupulous banks. Ice Legal, Evan Rosen along with Matt Weidner are all fighters but war weighs heavy as time trogs along. Let’s all continue to support our fighters just as we support our Armed Forces. : )
Yes, we’re all in this fight together, the attacks on veterans, seniors are salt in the wound. But it’s good to hear there are others out there. Recent posters also reflect how we’re all affected. The recent 4closurefraud posts also reflect how things are going and what a critical time it is.
Would be great to be able to collaborate with these fighters as homeowners.
On that note I’m trying out this file sharing site that can be expanded if it makes sense. I have a couple of docs up that represent just one example of bank “untruths”.
My social media skills are mostly theory but sounds like you have a handle on it and the fc/court issues as well.
You can submit your email at following link and I can send you link if you would like to join up to test “beta” version. http://bit.ly/Si8EL5
If we can get this info out there we can help burst that bubble Mandelman, others and we are trapped in.
Following housing info hit home with Garfileds post today about the shell game.
“It has been a week of weak numbers, and
analysts are now revising down their estimates for
2014. “Several key metrics of housing activity have
shown notable weakness in the first three months of the
year,” wrote analysts at Morgan Stanley who downgraded
the range of full-year 2014 sales to 4.75 million to 5
million units, a reduction of as many as 1 million
homes. “In our view, the rationale for the weakness
comes from a combination of three factors—severe
winter weather; a transition away from investors
reliant on distressed and cash purchases to mortgage
credit-dependent buyers; and affordability challenges
for first-time home buyers.”
” Investors, having priced
themselves out of several formerly hot markets, are now
pulling back somewhat on purchases, leaving a
historically short supply of lower-priced homes for a
usually strong cohort, the first-time homebuyer. “This
institutional investor dynamic is a whole new era I
think,” Robert Shiller, creator of the S&P/Case-Shiller
Home Price Indices, said on CNBC’s “Squawk Box” on
Tuesday. “As institutional investors start to play in
the single-family market, that just changes it
fundamentally.” Regular, credit-dependent buyers are
just not coming back to the market as fast as expected.
In fact, the nation’s home ownership rate fell to its
lowest level in 19 years at 64.8% in the first quarter
of this year, according to the US Census. Household
formation is also running at about half the rate it
should be, given current demographics and pent-up
demand.
“Household formation is critical for the housing
recovery. With so many young people living with their
parents or roommates during the recession, the housing
recovery now depends on how quickly young adults
re-enter the housing market,” said Jed Kolko, chief
economist at Trulia.”
Here’s to 7 years! (says man in corner lifting his glass)
‘zilla smashes magnum on outside of c uh-oh’s office window…pours half to parched onlookers below….champagne flows for us too….christ we paid for it…didn’t we…..I would NOT want to be Jaimie….Steve….Matthew…any of them….Timber!
The new york ag is going after chase in state court in new york city
For fraud n the Sacramento .ca us attorney mr Wagner
Is as well us doj
I called him today
Perhaps we should all call mr Eric schneiderman at his
Office in new york city and mr wagner and turn
State n federal witness n our complaints as well
As to MetLife they sold their mortgage rights to chase
N are out of that business entirely
Regards
David f
thank you capn’ ….
met life is out of the biz correct…and yes…I helped get them ‘focused?’….but they have 4.2 million (or a substantial portion thereof)…of carcasses they walked over to make those cozy..fancy expensive commercials…you know..the ones where mom is left w no life insurance but FretLife saves the day….rest assured…MetLife cares….snoopy…smiles…and fraud….a hat trick of bully tactics…I call BS…MetLife cared about as much for me as well…the lawyer they hired to ‘do battle / do fraud…news flash..if they’re caught in a barrel. ..it ain’t really fishing now is it? God help MetLife…I will drop this stock single handedly…..while I prepare my WB suit….Rust is on my $hit list too….Matthew Potter and Steve Kandarian…and Laura Burri….come get famous….come get your prize….you earned it…..advice: always know who you’re robbing…j/sayin’.
We will fight this and we will win our $ back…with interest….global and heavenly….7up.
$33 m x 3 for punis….ORCA CA #2 <— liver / onions…..
777
I’ve set up a place for file sharing. Could be expanded for full social media but want to test out first. I’ll friend emails I have from recent posts if you would like to participate in a beta run for file sharing and start/build dialogue for other ideas.
I won in court today as a per se, only got as far as taking apart the witness for bank of ny, bayview. then Shapiro, Fishman attorney McFadden all of a sudden with drew from the case with out prejudice? I think ,this is a 2008 case, with robo singed assignment, how do I get attorneys fees back, went per se after 2 attorneys failed to put forth what I knew would win the case, any advice would be helpful, also want to void the MIN# and loan #
thanks for everyone out there, between the Father’s help and everyone we prevailed!!!
Karen – Contact me by email, or call me.
Make sure there is a Notice of Voluntary dismissal in the court record OR a transcript of the hearing where he says he want’s to voluntary dismiss the case.
I don’t like giving my details publicly, and don’t post my phone number as digits, but do call and we can sort out the results of the court hearing.
This is an invitation for Karen only. My area code is for Broward County FL and the exchange is number is seven two eight, with the last four digits of nine three five one. If I am out leave a message.
Great news! Congrats! It’s a great feeling to see a post like this though too few and far between. But hopefully will be a start to a trend we can help push along.
Good questions we can hopefully follow up on. Did you include quiet title in your case?
Please sign on the file sharing, if you haven’t, and we can review your case files.
@ Karen – you do realize that ‘dismissed without prejudice’ means that they can come back and file again? It only dismisses the current case but gives them leave to file against you again in the future.
In Florida there is no such thing as taking a voluntary dismissal without prejudice.
If voluntary dismissed once it is as if the action never happened. Automatically without prejudice.
If done over the same note with the same alleged default date it is automatically with prejudice.
If done after the trial has started it gets more complicated, and even if it is the first time MIGHT be automatically with prejudice, depending on what stage the trial is in. This sounds like your situation.
Whether or not it is with prejudice, (prevents the same complaint being filed again), is a mater of law under the rules of civil procedure, not something the party can elect.
So did the court dismiss the case, or did the party take, or notice, a voluntary dismissal?
I would like to talk to you further so I understand exactly what happened, and to make sure you have the right end of the stick. Sounds promising. Let’s make sure there is no wiggle room.
Karen – I have re-read your note. I understand you are excited, but you said:
“attorney McFadden all of a sudden with drew”
An attorney withdrawing is not a win.
An attorney withdrawing the pleading by filing a notice of dismissal is a win.
Karen – Please contact me by method described in my note below and we can discuss what you need to do to confirm this. Also I may be able to suggest were to look for the right resources you need, which will guide you regarding recovering your costs if it is actually dismissed.
Hi
Both good ideas
Out here no attorney understands banking regs or title 12 federal banking law
Second they want 25000 dollars to take my case and they haven’t got a clue what to do
Third I am a disable veteran with THI and PTEDD and I reps myself in federal court years ago
Against Great western bank of CA. In VA. Federal court
I can’t do that anymore to much medical impact on me
So now am using my stockholder rights to do discovery from chase
I sued them before us bud and I was treated really badly by hud region ten ECHO under title VICK
Fair Housing Act and I could not find an attorney to rep me
So that is the state of we vets fighting chase
Regards
David
Title VIII Region 10 Seattle WA. FEHO
Sorry for typos
PTSD
TBI
Hi Bobbi
If chase played by the rules you are right
However they dont
So in my case and others
They claim the new loan is a transfer of the old loan
And therefore what you wrote doesnt apply
But the old loan was extinguished
Including the old loan numbers
Starting with 002
Now i have to get the proof that TARP bailout money
Was used to extinguish it and the new loan
Must be handled like you said
Regards
David
And thx for your helpful posts
David, why don’t you contact an attorney or two who can explain LEGALLY what went on, and then let us know. And why aren’t you petitioning the Court to make Findings of Fact and Conclusions of Law on your matter and doing your Discovery !!!
Tom
Hello Frank
Thx for sharing
Would your attorney consider accepting me as a client
My pro bono attorney has had a muzzle put on him and does
Nothing but look the other way
Regards
David
My email is
blackvan@yahoo.com
If i hear from you i can give my cell #
Thx
FYI I feel for you I to have been fighting Chase for over 3 years where many people would have walked away. In my case I have some good investments which afford me the cash flow I need so everything that they throw at me my attorney answers. My next step is I am going to have my attorney start sending subpoenas out to depose some of the Chase Employees whether they are still employed by Chase or not I know it will be costly but who cares. I am presently waiting for the Judges answer on there motion as well as my answer.. I feel for families who do not have the financial resources to fight them. It is a complete sham what our banking industry has become but hopefully justice will prevail and we can score a win for the little guy.
For me it has been seven yrs
David f
Check this out: http://www.oneidadispatch.com/general-news/20140430/new-york-state-chief-judge-jonathan-lippman-aims-to-bring-fairness-to-consumer-debt-cases
With the recent opinion from the Florida Appeals Court on the HSBC case lately, wondering if the Florida courts would have cause to review their opinion…..
Hi Bobbi obviously you r more read up on this than I and I am learning from you because when chase offered me a forebearance that lead to my ” permanent” mod which chase never honored. I noticed that they were waiting until they had received enough payments from me to make up one of the original payments before they would apply them and yes they have been dual tracking me from day one. I have record of all my payments and I suppose at some point depending on this class action settlement, I will have to see how entirely they were applied.
david, it seems to me that you would have acopy of the original mortgage,executed and if chase created a fraudulent mortgage, they would have created a fraudulent signature on your behalf and furthermore if it was never recorded, then I would think that it would not be valid in a court of law. I don’t know what state you are in, besides frustrated. I am really sorry to hear of your situation. Im sorry I just don’t understand how they could create a whole new mortgage without you being first advised by Chase, but we all know of all the fraud they are getting away with and they are not getting richer off of me because if they fail to honor for the 3rd time the HAMP they gave me in 2010, I will take another route to expose them. plus that net present value calculator should not even apply. CHASE BREACHED, NOT THE HOMEOWNER.
Seems a court action for Declaratory Relief ,ay b in order ? What do attorneys say.
@ Lms – I’m not bitter; just facing the facts. If a loan modification is TRULY a modification, then it has to be recorded in the public records just like they recorded the mortgage. They have to show in public records that such mortgage was ‘modified’ from it’s original terms. I do not know of any modification that has been recorded and these lenders have no intention of doing so. First of all, if a loan has been securitized (bundled& sold) then technically ALL of the investors of that particular securitization have to consent to the modification. Servicers don’t have that legal power to do that. Understand that when a loan is sold on the secondary market the original lender was paid from the proceeds of that securitized sale. They never recorded the assignments when those loans were sold so you never knew. They set up and used MERS as a means of avoiding the payment to the county recorder’s to record all of those assignments. (that’s another story altogether). When your lender makes a modification agreement on a securitied mortgage it is worthless!!!! Check your county records under your legal description. Any modification recorded there? Check the modification paperwork as well. Do you see any type of notary acknowledgment for the lender? What about your monthly statement showing any of those payments going to principal reduction? None of these will be there. That’s my point! Again, not bitter just facing the facts. These lenders are just taking people down the road, collecting monies and never applying the funds but holding them all in a suspense account and all the while showing you delinquent with an open door to initiate foreclosure.
we shall overcome….dave this is your purpose….meaning in the end…find it.
mr diamond is not above the law….no one is…in fact…I get harrassed by abusive mental midget cops and get jaywalking tickets that cost taxpayers $5,000 w a face value of $5….just like everybody else…..diamond…I hope they make earrings out of you…silver bracelets…anything …just end the corruption one c ‘uh-oh’ at a time…. agreed? My dog could run a multi national better…at least she doesn’t lie and squash dreams….like ‘Jay Me’…..if disabled vets like Dave do not start winning….their fights….then Jay Me…..I will make you call me….and you won’t like that…not one bit….ask Steve down the street….I have cost FretLife…..well…$Billions….yup…w a B…..you Jay Me…..we would swing for the fence…for the ‘T’… $trillion$….and you in a federal prison….any….pick one….just can’t be club fed….it’s full….new rules…mine.
Thank you Captain….like network….you gotta get mad…..grrrrr
777
Hello lm
Bitter is the wrong word
If anyone had chase try to extort them in one form or the
Other for $ 427,000 in seven years they did to me would be broke
Like me.
I pray for chase every day that they are shutdown asap
Broke is the word not bitter
And i need my money for meds and rehab
Chase got fined for targeting disabled vets like me $ 55 millionq
Million but that didnt stop them cheating more vets like me
On their mortgage
We dont get to have breakfast with obama or lunch with the cia
Like jaime dimon
We have to live a real life and abide by the law and pay
Our mortgages no matter what laws chase breaks or promissory
Notes
And i object to that characterization when chase
Created a unilateral loan i never applied for
Or affirmed
Regards
David
Chase has every intention of screwing every homeowner in that
Settlement
St snd 1
They already did by lying to the judge allegedly
By not telling him about the other two million mods
From 1989 thru 2009 on 1st and 2nd mortgages
That savings ie your wealth is going into jaime dimon’s
Pocket and swiss bank account and his wife’s too
Just like bernie madoff who he helped do his thing as well
Regards
David
Mr. Franklin et al.
I received a remarkably poignant call this early morning….mountain time…think 3 am….early…silent white owl early.
Was Bangkok and London Calling….a teleconference of bankers….arbitrage ‘voices’…and someone in a thick Latin accent….said ‘mi casa es 18th street’ and I laughed…they like to f w me….so the call was a heads up of sorts…..said 7 things:
1. we ♡ godzilla….then they said it again
2. they said we have the dragon in our favor
3 they said the Lotus shsll bloom??
4. they said the ny bankers must serve jail time…this time.
5. they said metlife and chase have …..boo-boos…big ones
6. they said our idea of seeking immediate restitution is ‘supported and encouraged’
7. they ssid thanks to This Board… so I said I would post the nod….
snoopy killed my service Labrador s….
zilla swings from flagpole….shakes manhattan…to its foundation. 777
jay me….steve….matthew…laura….YOU are now on the Radar….THE SHOW.
capitalism is really starting to reek…. when will these ceo DBs learn??? New York….you greedy bums ALLOWED this to happen….you were so impressed w their egos…their suits…their greed….. metlife is at $51.50….w a dividend being paid…Abigail…Im suing you too….greedy bitch…..owning a fking corporate meat grinder….fraud will kill America….And I wont care…..let it burn….one ceo at a time.
Jay Me….Steve….Laura…Matthee…..Jesus hates you. Bigtime….. I wont stop until snoopy is bbq’d…… 20 years each. Obama….you are weak…so fn weak…..I want to puke….nice going Holder….scumbags….all of you. Weak scumbags…
bobbi, I am not lookin for a payout, only settlement of my loan. Have you read the settlement conditions? If they don’t comply with the settlement agreement, then they will have to be forced to. There never was an intended payout, except to the attorneys. Why are you and david always so bitter?. I know we are all getting screwed here, but that settlement is one of the few chances I have left so I remain hopeful. There was never any payout , but they are supposed to make good on the modifications that they reneged on.
Who will join me in painstakingly documenting EVERY error and wrongful act, filing civil actions based on them and then doing MORE discovery and obtaining injunctive relief and declaratory judgments.
There are a growing number of debtors who are receiving favorable settlements, however as a condition they MUST agree to a gag order that says they will NOT disclose or publicly discuss the terms of the settlements. THIS is why some of our best ‘fighters’ have clammed up – they had to.
I don’t know why you folks have not been offered settlements just to shut your public voice-ings up, ARE YOU ASKING TO SETTLE and MAKING THEM OFFERS while you’re obtaining documentation that could prove very costly for them ? EVERYTHING YOU OBTAIN CAN BE PRESENTED TO GOVERNMENT AND THE PUBLIC – in fact do you all know how to OBTAIN THE RECORDS THAT GOVERNMENT AGENCIES HAVE ? which can be FILED AS EVIDENCE IN YOUR OWN CASES ???
Anyone who needs help identifying and going after things, I have extensive experience in this and can be of some assistance to you perhaps. I work with folks to basically ‘produce their own documentary’ for use in court, with law enforcement, legislators, media, etc. TALK doesn’t do it…EVIDENCE and the LAW does. DOCUMENT DOCUMENT DOCUMENT… FILE FILE FILE…
and ASK ASK ASK.
I would join in…then go silent. No prob. I have a high batting avg. so to speak. You want me.
Yes to the second part as well. MetLife has received my final offer of settlement of $3m. . . They are are bank…they have money…mine. lets do this…
Chasemdlsettlement has a clause in it to shut up. I am laying low till I see what the settlement offers us. A payout is worth more than the truth unfortunately and maybe a lot of shut up with a payout
It’s a sad shame, but we need a roof over our head
Are you really thinking that there’s going to be a LOT of payout on this settlement? You are kidding yourself and living in fairyland. Even the National Mortgage Settlement only paid out the highest $1000 and the one with the settlement agent was, what, $300. Dream on. Those payouts were a slap in the face but my dignity and self worth has a higher price tag than a measly $1000 and this settlement is not nearly the size of the national settlement. Chase is being levied FINES and those fines are being paid to the gov’t. I highly doubt with those of us as bottom-feeders will receive more than a pittance. You should be able to acquire a dog house for that price (literally),
Wamu was given to chase through merger forced by feds
Chase didnt pay a dime for wamu
The wamu bondholders are. Still in federal court fighting that
Theu did not receive a dime amd no income from chase
On their bondholdings
The actual docs for this have never been signed off by thw feds
Regards
David
I am sad for us all that we dont have better and honest
Leadership in chase management
Well david, I am not sue what the outcome will be from the chasemdlsettlement but reneging on a contract was certainly just one of the things that they have been accused of. yes it it true they never had any intentions of recording the modifications. That is obvious by their crooked actions. My case is not like yours. I have always had one acct # and there is no evidence that Chase ever sold my loan to anyone. They were the original lender and there was never an assignment recorded so I maintain they are the owner and servicer of my loan until I see their fraudulent note and endorsements of that note which I cant wait to see. The class action was formed for a lot of the “mistakes” they were making and we all know they were doing what they were doing on purpose. They never had any intentions of honoring these modifications ever how they went about it. I am sure they are going to try to get around making good on all the people they screwed and are part of this mdl settlement. That remains to be seen. In the meantime, I am sorry for what you have been through and continue to go thru with Chase as we all are feeling the same pain and frustration. I don’t really care about their purchase of WAMU and how they wrote off everything. We will really never know the complete story on that. What we need to focus on here is what we all do have in common and try to build from that. I consolidated a wamu loan with chase before chase ever bought WAMU, but I sure they were contemplating it at the time I refied. Any bad debt that belonged to WAMU ( and I was never in default with WAMU), Im sure was extinguished somehow. I wish us all good luck and hope we accomplish what it is we are looking for. Good day!
LOves Godzilla
Remake movie is out may 24th
David
Thx Trevor you are inspiring
Ok
Did Rust Consulting Services BURN you too?
call Lori at the MN AG’s Office….I just did. She will hold Matthew Potter’s (pres of rust) well healed feet to the fire….or I will hold their State Accounable….failure to investigate is:is a crime….I know…I know…but ‘theeeeey’ always did it like this….
folks…That Was Then…This is Now….our now….our time. Matthew’s on the potter right now….wincing…..can’t go…scared….someone’s smashing down the door….talking about connections to Chinese Banking Families…..holy robo-signature batman….the people actually got this tiger by its tail….this American Bankster’s folly….come to the feast…help eat the beast…never again….’conslutants’….break it down…con+slut+ants…
fraud / for money / small (dark nrg)and plural….
class dismissed….oh…ps…metlife chose court…fine….more for me…in time…for us…us:us.
buy the ticket…take the ride….and buy the soundtrack to Lawless….the movie….play it while you read this website…..then put some more wood on the fire…in your own way….more wood behind the arrow. …..so to speak…so speak (up)….oh p.s.s. there is no up…no them…no then…only us…here…now.
1♡….2 wings…..1 bird….fly.
777
GZ…….
Please send your chase material to
blackvan@yahoo.com
Thx
david
Ok standing by hammertime
lms you can leave me an email here http://bit.ly/Si8EL5
I’ll send you an invite to site where we can exchange files and have more discussion and collaboration. I want to test out the file functions first and see if we can lay out some key ideas before we open the flood gates (we hope!) Can make profiles, posts etc private and we can add more functions as we go.
Id like to see your file about chase corruption and your case
Against them
I have a letter from chase v.p. level on their stationery
Trying to extort money from me over NNN$$ 80000
They have tried to extort money from me four times
Including a balloon payment on a loan that i never applied for
For 313,000 dollars
For a total of 420,000 dollars
Regards
David
The us attorney on portland oregon mr uran dismissed it
But mr mcgregor of us attorney im sacramento ca
Is trying to convict chase for felony conduct
We sjould help him
One more conviction and chase is out of business
For good per us law and treasury regs
Sorry for my typos
Regards
David f
In my 42.5 yrs on Earth…this time round…nanernanernaner…I have found there to be two types of people in the world…nancy kerrigan (s) and tanya harding (s)…David is of the former if this makes sense….I use the ladies as duality ref ONLY…truly you have to choose…as the story goes…David is humble. ..he would never announce his brillance…so I just did….
I spoke to him the other day and his background and technical expertise litterally blew my mind….listen to this man….I sure did.
I placed a $3,000,000 final settlement Offer for fraud committed against me….personally..my County, ‘ADA’ in the State of Idaho. I made this offer to Mr. Steve Kandarian, CEO MetLife Inc. NY/NY.
I have filed my police report as required by State and Federal Law(s). I have to report ALL crime to local…state…regional..federal law enforcement. …my duty as an American..so I do. For me…for you.
I was the early whistle blower on MetLife….to Feds…..they H8 me.
If we go to trial….im seeking $33,000,000 usd….x 3 for punis….7th yr….seven years of battleax battling and well….the offer is on the table….your move snoopy….
oh and I hereby nominate the honorable david as CAPTAIN of this …our new age vessel of force….(tbone hands dave purple heart w red to blue seven and cross star and stars to david)….for valor…for integrity. …for 2014 ‘leadership’….for this to work…we need ALL to consider ‘second-ing’ the motion……. thank you david….no joke…prepare for settlement…stand by for update…..steve is crapping his 88th floor britches…
knock/knock
who’s there…..?
godzilla.
You are right
However i becsme a stockholder in jpmc chase
That gives me and sll of you big rigjts to demsnd info
N other things
Noe if 3 million stockholders with just one share of chasr
Stock we wpuld be fighting from the inside
And we may have allies like Afscme and scio labor unions
Thst own 40 percent of chase
We would have corporate governance and control
Over chase mortgage and could stage a coup of
Chase management
Afscme tried this already and itook the sec to stop it
We need to do it again until we can get ride of the board
And kevin watters of chase mtg banking and ceo
Regards
David
I agree with the coverup
I sent 36 uscfpb complaints and none were ever signed
By a corporate officer of chase and therefore worthless
Our entire fed govt is owned by chase
Uncle sam is now private industru ie chase
And does not bave to provide
Constitutional equal protections
We should bury congress with complaints not the uaeless
Occ and uscfpb and fed reserve that is owned bu chase
My experience is Congress, elected officials are passing the buck. Otherwise they’re against bailing us out since we’re “deadbeats” while they bail out the banks in the name of “freedom”.
I have questioned why no one from Chase signs their responses from CFPB or QWR’s. I’ve raised this to question the single point of contact and if they are knowledgeable about my case as required. That’s how we connect the dots based on fact as Garfield or 4closurefraud posts and Tom are saying. It seems alot of cases are lost not because of a coverup but because the plaintiff didn’t present facts! There have even been cases where the judge has told the plaintiff’s lawyer how they ignored the facts.
I’m frustrated I’m still in limbo and CFPB claims they are looking into broken laws but can’t do anything while it looks like by filing complaints I’ve stopped sales including last week.
If there’s a coverup we have to show we are being ignored and being denied our rights and the relief that’s already out there. We need to continue making complaints and make our own public case like we’ve talked about as a group. If you or I do it alone they will always say it was a mistake and pat us in the head or make a big show out of stopping a sale like so called advocate groups do.
I have all my correspondence and plan on using it and if it will help all of us, just let me know and I will get it to you or whoever needs to see it to show just how corrupt these lenders r.
If you have them in pdf form would be good. You could edit pdf’s with GIMP if you don’t have pdf editor to x out any sensitive info. I’ll shoot to have a place to send by Friday.
I think they extinguished the WAMU portion of the loan and are still trying to make me pay it. my mortgage was recorded but not the note. Since I am part of the Chasemdlsettlement, I am hoping that they will be forced to honor the first modification they gave me and they had wrote off a huge portion of the principal and I suspect because of the part of the debt that I consolidated into chase from Wamu, they had already wrote off or paid with TARP.
@lms53 – Promissory notes are never recorded. A note is the instrument by which you have agreed to pay and the mortgage (or in some cases Deed of Trust) are the only instruments which are filed because they are the collateral for wich you have agreed to encumber as part of your ‘promise’ to pay. That’s why they call it ‘secured’ otherwise without the mortgage secured against the note, the loan becomes unsecured. In that fact, foreclosure action is not possible against an unsecured note and if in default of that type of situation would only be a lawsuit to recover monies – totally different animal than foreclosure. If a situation where the TARP funds were used to pay off mortgages you would have received not only notification by mail (which was required) but also a recorded satisfaction of mortgage. That satisfaction would be reflective within the county records.
hello Bobbi
I do not agree with lms53. Chase is lying to everyone allegedly saying they transferred the WAMU servicing and bear stearns servicing in a simple mortgage servicing rights transfer. like you they are making me continue to pay on a new loan which my attorney characterized as a unilateral loan with higher interest rates and new loan terms including a balloon payment in 2037 for $ 313,000. the only place you can see what chase is doing to others is chasesux.com not sure of the exact spelling.
title 12 of the united states code says a loan transfer including msr transfers must be the same both before and after the transfer. no changes allowed
because chase is lying allegedly about the extinguishment and saying it is just a simple transfer in your case with wamu and my case with bear stearns is that gets them out of one not having to record the extinguishment at the courthouse and the creation of anew loan without your permission which is illegal. and two it gets them out of having to pay for the other 2 million loans that were modified from bear stearns plus wamu loans and having to pay for it. TARP money was definitely used to extinguish these loans and the chasemdlsettlement.com screwed up their plan. plus I sued them for mortgage discrimination and predatory lending under 49 usc 24 cfr title VIII fair housing act . all of chase’s acts are discriminatory and they are allegedly violating so many federal laws and states laws it is beyond comprehension.
so lms53 characterization is wrong flat out wrong. he calls he mdl settlement a breach of contract suit. that is not what it was filed as originally here in Yakima wa for a claim under the federal fair debt collection practices act for fraud and extortion for modifications and stealing peoples homes the original plaintiff in Yakima was a lady who had her house dual tracked after asking for a loan mod.
highly probable that with this new loan mod from the settlement you still have to pass the net present value model per federal reserve regs and no one passes it.
so that means you will be dual tracked and take your payments put in suspense accounts like before and then foreclosed while chase puts you on the phone with 50 of their corrupt employees who suffer from pathological lying to customers like you and I .
so again lms53 is wrong wrong and more wrong.
the original lawsuit for amonetary claim was changed by the federal judiciary
mdl committee out of the federal district court in new York and that claim went away and we all got screwed and the attorneys did not appeal that.
they get $ 10million dollars and we get nothing.
chase and kellerohrbach.com refuse to put me in the lawsuit for my mod on my emc chase mortgage for first and second mtgs in 2008 saying i got a final mod. a final mod has to be signed by a corporate officer and chase never signed mine and tried to manufacture a default three times. they are still trying to do that.
so chase is lying to get out of having to record the new loans with no disclosure which is all a felony in my view. and we have yet to discuss hew derivative hedge bets taken out by chase on all of your loans that when they cash in those bets they make up to 43 times the face value of the mortgage. that is what is driving their behavior.
and all of it is illegal and the ACLU is suing the banks for discriminatory securtization of these predatory loans out of their office in new York city. I talked to the lead attorney there.
regards
David f.
Great info Bobbi we can use to cross check. But again we have to untangle the web. Good knot to start from. I always mix up Deed with Note as to recording. Actual requirements vary by state. Another part of this that is used to mix us up is when they claim Deed follows the Note which was never real clear on how it’s applied. From what I read it may vary by state. Coming full circle to basics that Note becomes unsecured if Deed separated. Again just my layman’s understanding.
@ David – Your are absolutely correct about the transfer of servicing and you are also correct about modifications. This is the very reason why I am so strongly against modifications. They are just another ‘set up’ for the borrower to fail. I know of no modification that has lasted beyond 12 months, if even that long. Their intent is to never apply those payments but hold them in suspense accounts and all the while they lie in wait to pounce back into the foreclosure scene. Mortgage modifications, if done properly and legally, are to be recorded of public records. Since they are never signed by any authorized person at the lender, they are never recorded.
@ hammertime – the (promissory) note and the mortgage or deed of trust (depending on what your state statutes require) are supposed to follow each other. It has always been the ‘note follows the mortgage’ however it has been challenged in many cases and there is definitely a conflict within the UCC Code as to whether a note is considered a negotiable instrument or not. It is confusing for those states where there is a Mortgage Trust but in all transactions the seller conveys the property to the buyer via a Deed, which is recorded and returned to the buyer. A lender is never to have an original recorded Deed. On the same side with financing, you will have the “Note” and “Mortgage” or “Deed of Trust”. The promissory note is not recorded but the Mortgage must. Unfortunately, in those states that use a Deed of Trust the rules are very much different when it comes to foreclosures. My opinion is that non-judicial (where the Deed of Trust is used) is wrong, wrong, wrong! For the rest of us in Judicial states, there is a constant battle to change it. Just another fist to exert control!
The other part of this is they cannot be separated but the “following” is used to fudge things up? Before all this non judicial was seen as not allowing due process.
I complained numerous times to both the consumer protection agency and the office of thrift supervision and all I got were letters and chases responses which were lies. I even appealed and never heard back. One big cover up.
But now you should have documentation in hand that shows the lies. See my response below on WaMu part. If they weren’t satisfactory complain again and use the exact verbs and requirements from the settlements. From my responses I have direct evidence. I believe my case reveals many of the contradictions and I’m going to shoot to get it out there. Hopefully we can have strength in numbers. Involve your local officials as well even if they don’t seem supportive. I’m working on a way to use the settlement approach that we can tie in to what Tom’s doing.
Meant to say verbiage.
Found the copy of the foreclosure manual from Wells Fargo…they attempted to have it with held from a Bankruptcy case and the Judge said NO…it will be entered as evidence of the illegal process to forge whatever documents they needed! This should put a friggin nail in their coffin…read it all if you are fighting Wells…very interesting!
http://www.housingwire.com/ext/resources/files/Editorial/WF-Attorney-Manual.pdf
Should be used for Settlement(CFPB) and state Homeowner Bill of Rights complaints. There should be a tidal wave of complaints sent on “unreliable evidence” that can possibly go to invalid foreclosure documents filed or broken chain of title.
in relation to http://www.chasemdlsettlement.com, chase used trap money to payoff the bear stearns loans including mine so they allegedly didn’t have to tell the judge about the other two million modifications done to first and second mortgages. in other words they extinguished their existence.
and then under the fake veil of transferring mortgage servicing rights they in my case created a new loan with higher interest rates and loan terms including a balloon payment in my case. and they are not complying with the promissory note either and so far allegedly stolen over $50,000 od my mortgage payments and escrow funds under loss mitigation for loans I never even applied for.
the old loan is reported t o the credit bureau is paid off.
so now I don’t have a loan but am still paying them.
regards
David
my challenge is to verify that tarp funds were used to extinguish the loans
and the new York ag is suing chase bear stearns trusts again on behalf of the investors.
TARP NOT TRAP
N NO DISCLOSURE OF ANY KIND
That should be a huge no-no to change terms while claiming simple transfer. This is where you not only have to follow the money but have to track where the breaks in the chain are. Have your complaints laid out exactly where your documents don’t match what they claim? Don’t mean to be too basic but thinking in terms of forensics. In my case alot starts happening in Sept ’08 when the WaMu “sale” went through even though “my WaMu loan” had been paid off since ’04. I’ve never left it to this “coincidence” though and over time got the evidence I believe makes my case. Like with you though lawyers, officials even family don’t want to believe their lying eyes.With your case, my case and all the others that have been active on here we have a strong set that shows the fraud, extortion and everything else if we can bring it together.
You all realize that the more uncovering of misconduct is documented, the better the chance of getting a foreclosure – pending or already finalized – tossed out.
To show you just HOW complicit regulators have been in the fraud, it has now been discovered that the Office of Comptroller of the Currency and the Federal Reserve overlooked massive numbers of errors in banks foreclosure files. The consulting firm Promontory Financial Group found far more errors in banks’ foreclosure files than regulators.
Rep. Elijah Cummings, D-Md., usually an apologist for bank misconduct, wants to know why.
Knowing Rep Cummings, I would not be surprised if he blamed Promontory, the investigative firm, for the difference, but he is up for re-election, so this time he might propose or support action holding the REGULATORS – long overlooked as being in on the fraud – to new, higher standards and disciplining some of the industry insiders who run them, instead of protecting them, which he and others in Congress have been doing.
The OCC was faulted for their handling of complaints in ’08/’09 as well. We should also have him look into the unlawful acts that were admitted by the Independent Foreclosure Review that Sen Elizabeth Warren asked for. Sen Warren is speaking out against the administration and the GOP in Congress with her new book. At least a couple of potential allies.
Ah thanks! this time it worked
That’s how I got involved with chase. Consolidated a arm wamu loan with chase in 06, but it was before chase bought wamu. I am sure they wrote off wamu’s liabilities
@ Lms52 Loans on the books from a failed institution are never written off. Those mortgages are considered ‘assets’ and were sold to JP Morgan Chase for about 1.9billion, Their liabilities as you referred in your post would be advances from the treasury and other debts like lease payments on properties that housed WAMU. At any rate, any existing mortgage with WAMU then was transferred to JP Morgan Chase.
Ok now this is good, let’s break this down since this could be the key to blowing up one of the big lies of it’s how things were done and we should just accept what they say. If you made a “new” loan with Chase in ’06 it is NOT a WaMu loan! But this is where I believe it gets twisted. They manipulate the fact that it wasn’t a “new” loan because THEY failed to actually go through a transaction or properly record the Note etc to include non WaMu loans in the sale that should not have been included if what I’m seeing in my case and yours bears out. This is another version of what David is saying I believe with TARP. If I’m understanding you correctly your loan just like mine should not have been considered a WaMu loan and they should not have claimed it as part of the sale. So there are two basic arguments in these types of cases, first that the sale and/or TARP actions extinguished or there was payment made to the balance and the loan was changed and the “new” lender is enriching themselves or second that there’s a broken chain of title and they are either in error claiming the disputed loan to be a WaMu loan or possibly fraudulently took the Note or benefited by claiming it was a WaMu loan when it wasn’t. Hope this makes sense but probably won’t since it’s based on the fraud and deceit they created unless you make the distinctions and I’m in brainstorm mode!
Thanks for trying. For some reason that link doesn’t work. Thanks though
copy from the @ on, from http without the @ and should work
Couple of interesting cases that show we are dealing with the manipulation of our laws and legal system at every level.
From the DOJ case filed by Better Markets, Inc regarding Chase’s own possible fraud rather than blaming Bear Stearns, WaMu:
“In preparation for the news conference, the U.S. Attorney for Sacramento, Mr. Benjamin Wagner, flew to Washington D.C. on or about September 23, 2013, with at least two large charts detailing JP Morgan Chase’s illegal conduct. U.S. Attorney Wagner had amassed nationwide evidence of fraudulent activity by JP Morgan Chase itself, apart from the conduct of either Bear Stearns or Washington Mutual. Further, the DOJ had the benefit of detailed information from at least one employee inside the bank, a whistleblower, who was assisting prosecutors. The DOJ planned to display those charts during the news conference as part of the presentation of the lawsuit describing JP Morgan Chase’s illegal conduct.”
The settlement didn’t allow this info to be presented in court is being alleged along with strong separation of powers, Constitutional issues.
From class action filed that was dismissed it looks like due to jurisdiction conflict? with national mortgage settlement, http://chasehomefinancesux.com/?p=3104
“Bakenie further claims that Chase’s “pattern and practice of playing ‘hide-and-seek’ with debtors, judges and other bankruptcy players” resulted in the bank securing motions for relief of stay and proofs of claim in 95 percent of its cases. According to the lawsuit, an extensive network of attorneys working for Chase filed more than 7,000 motions for relief from automatic stay in bankruptcy cases in the Central District of California, “wherein they falsely claim to be the party entitled to monies due under the terms of MLNs.” The lawsuit also claims that Chase rewards attorneys based on how quickly they can secure the stays, and uses fabricated documents to establish chain of title on loans.
Essentially, the lawsuit claims, “Rather than incur the cost of ‘proving up’ its own standing or the standing of its principal Mortgage Backed Security Trust, Chase systemically misrepresents Chase or a designated MBST to be a creditor in tens of thousands of bankruptcy cases by utilizing manufactured documents. “
The lawsuit also claims “That said practice allows Chase to dump defaulted loans that were never properly securitized by Washington Mutual (WAMU) and other originators acquired by Chase into private mortgage backed security trusts by creating the illusion of a valid transfer. Said practice shifts the liability of defaulted loans not properly securitized by WAMU, from Chase to private mortgage backed security trusts. The practice allows Chase to effectively mitigate the millions of dollars in liability of the WAMU acquisition, where WAMU failed to transfer MLNs of its portfolio before its demise. Said practice shifts losses from WAMU to MBST bond investors.”
This could be strong support for our individual cases or a group case and for us to continue ot make complaints at local level as well. A local agency in PA had demanded a copy of the complaint the DOJ was to file but Chase settled with them.
Where can we see the six-minute segment?
@http://consumerist.com/2013/09/30/watch-cnbc-rush-to-the-defense-of-jpmorgan-chase-ceo-jamie-dimon/
minimizing links having trouble posting
when it comes to chase extortion is a better word than fraud
even their own employees are suing them and blowing the whistle on them
David
whar happened to the rest of this thread it must have been wiped
hammer there are no complaints on bills.com
none. for chase or anyone else
The entire thread is there but you will have to click on ‘older comments’ to bring them up otherwise it would be pages and pages long. I’m sure the design of the site is meant to be streamlined but does allow you to pull up the older comments.
still here http://www.bills.com/chase-home-finance-lender-profile/
Under Chase Mortgage possibly. Interesting they give them 4.5 rating while there’s over 100 with 1. Again in group form we can ask them to tell us how that works! “Knowledgeable Customer Service”?!
Another good quote from CNBC story on consumerist, second try
“The short 6-minute segment has gotten a lot more attention than most people would normally pay to CNBC, thanks in no small part to Reuters’ Felix Salmon, who wrote of the horror he witnessed on TV:
This view — that profits cleanse all sins, and that so long as you’re making money, nothing else matters — is not normally expressed quite as explicitly as it was here. After all, there are licit and illicit ways of making money, and surely if your profits fall into the latter category, you should not be able to remain comfortably ensconced as a celebrated captain of industry.
In a response to the piece posted today on Salon, Pareene admits he might have made a mistake:
I may have erred in citing the notoriously liberal New York Times… when the same information has also been reported in more business-friendly outlets like Bloomberg and the Wall Street Journal.
As for Bartiromo’s repeated questioning about who out there could possibly do a better job of running Chase than everyone’s favorite CEO, Pareene responds, “I don’t think Jamie Dimon’s job, or his bank, should exist at all in their present states. I think the exclusive focus by corporations on shareholder value has been pretty awful for the world economy and its poor and working classes, and I think the idea that profitability is its own justification is not a viewpoint shared by anyone outside the bubble of the 0.1 percent, but I have absolutely no f’ing clue who should run JPMorgan Chase and Co. Let Maria Bartiromo run it, how is it going to get any worse?”” edited
Another quote from CNBC story that nails it:
“The short 6-minute segment has gotten a lot more attention than most people would normally pay to CNBC, thanks in no small part to Reuters’ Felix Salmon, who wrote of the horror he witnessed on TV:
This view — that profits cleanse all sins, and that so long as you’re making money, nothing else matters — is not normally expressed quite as explicitly as it was here. After all, there are licit and illicit ways of making money, and surely if your profits fall into the latter category, you should not be able to remain comfortably ensconced as a celebrated captain of industry.
In a response to the piece posted today on Salon, Pareene admits he might have made a mistake:
I may have erred in citing the notoriously liberal New York Times… when the same information has also been reported in more business-friendly outlets like Bloomberg and the Wall Street Journal.
As for Bartiromo’s repeated questioning about who out there could possibly do a better job of running Chase than everyone’s favorite CEO, Pareene responds, “I don’t think Jamie Dimon’s job, or his bank, should exist at all in their present states. I think the exclusive focus by corporations on shareholder value has been pretty awful for the world economy and its poor and working classes, and I think the idea that profitability is its own justification is not a viewpoint shared by anyone outside the bubble of the 0.1 percent, but I have absolutely no fucking clue who should run JPMorgan Chase and Co. Let Maria Bartiromo run it, how is it going to get any worse?””
@ Hammertime and all others, please bear in mind that this segment ran back in September 2013. Since then, the Chase settlement has been made and Dimon is still at the helm. Little good this news did and Maria, by the way, moved to FoxNews (YIKES!) the following month in late October or early November 2013. Maybe she was forced to take that stance on MSNBC’s policies….FOX certainly does not!
Looks like there was a full court press to give Dimon free pass. I’m surprised she moved but I think she still has Sunday show? Musical chairs. I’d been pretty disgusted with cable news, any news but good to see how it all came together. The DOJ lawsuit hopefully will gain traction and we can get the attention focused through complaints and group effort.
hello
what chase did in that lawsuit allegedly since they or kellerohrbach.com wont let me I nthe law suit is extinguish all the bear stearns loans in the trusts with TARP Money and then created newloan numbers with in my case higher interest rates and balloon payments ie predatory loans and didn’t give a dime to the investors. the investors are suing chase again via the new yor kag for cheating the investors again.
the bottom line anyone with a bear stearns loan has no loan it was extinguished. anything that chase is sending you with a 102 account number not the 002 account number is a fraud. in my case with that payoff I have no loan no nothing and they are trying to extort me for more money for aloan that they created unilaterally calling it a mortgage servicing transfer . you cant transfer a loan that was extinguished.
regards
David
Bobbi r u part of the chasemdlsettlement. Class action. Because if they r transferring the servicing of ur loan and u r part of the settlement, u will be automatically opted out which I would not be surprised for chase to pull a stunt like that since this class Action is about breached contracts, the oldest law of the land??? They r going to have to make good on this one!! It has nothing to do with all their other fraud. What can they do when you have your customer string to pay in “good faith”. And they reneg on the contract????
@ Lms53 – I don’t believe I would be part of that settlement, at least as to how I read it. It appears to only be pertinent to those that Chase made a modification and/or changed the documents somehow in that transition. I would NEVER accept a modification from them and besides the only thing they ever offered me was Cash to go away….their last and final offer in December 2013 for $25K for me to sign over the property on a deed in lieu of foreclosure. Told them to basicaly KMA! I did send the agreement to my attorney to review for my case but he has not yet got back to me. Aside from that Chase supposedly sold my mortgage to PennyMac sometime in October, so way before this agreement was finanlized. Not sure if selling my mortgage was a scheme to rid me of the settlement or not, but my attorney has already told me that selling it was bad news for them anyway….My attorney just filed another Motion to Dismiss on additional defenses after the one that I filed pro se was rejected by another judge. That particular judge BTW was moved to another court in another county because of so many complaints of his bias. He needed to be removed from office not sent to another county where he could continue his same bias nature. This is exactly why I feel so strongly about how judges are set on the bench here in FL and how they come to get their job. Not necessarily by election (which is 6 yr term) but also by our illustrious governor Scott on a nomination to the nominating committee. Just another Good Ole Boy tactic.
Our complaints should be sent to u.s, senate banking
Committee us ag eric holder
The us cfpb says there are only a few hundred complaints
Against chase but i suspect some chase allies in that agency
Are burying complaints by sending them to the federal trade
Commmision
Uscfpb did that to many of mine
Regards
David F
A 15-Year-Old Justice Department Memo Explains Why No One Was Jailed For The Financial Crisis
http://www.upworthy.com/a-15-year-old-justice-department-memo-explains-why-no-one-was-jailed-for-the-financial-crisis?c=ufb1
hi thank all of you for your support.
and trev for sharing his story with me.
katu new channel 2 in Portland Oregon has been briefed slightly about what we are all dealing with. . katu on your side to get them to expose what chase is doing to vets on a daily basis. the feds fined them for defrauding vets on their mortgage loans and also violating the service members civi l relief act a law that was created in WW I .
best regards
David
my service is Chase Home Finance.
I have a inside man banker that tells me what we need is publicity and utube videos and twitter campaign and a breakthrough in mainstream media like abby marting on http://www.rt.com on dish tv
or Rachel maddow on msnbc or other mainstream media to break the story and start reporting to the American people on a regular basis about these banks who are suppressing the news .
I guess that all of you know about derivative hedge bets on your mortgage servicing rights by chase and other banks that put up to 43 times the face value of your mortgage profit if chase for example forecloses on your house. my opinion those hedge bets are all part of a massive Ponzi pyramid scam much bigger than Bernie Madoff
a nother vet just filed with the new York bankruptCy judge I nthe largest bankruptcy case In us history where the owner of bershire Hathaway is trying to buy $ 400 billion of mortgages in MBS securities for $ 4 billion doLLARS AND TAKE ALLEGEDLY EVERYONE’S HO– USE.
WE NEED T O UNDERSTAND THIS ECONOMICS BEHIND THE BANKS BEHAVIOR IN MY OPINION.
THAT VET HAS STARTED A SHIT STORM IN US FEDERA L BANKRUPTCY COUR T IN NEW YORK ABOUT AL LTHE CORRUPTION.
‘he ain’t heavy…..he’s my brother’. …
Thanks to you for sticking with it and your service. Lots of good info. Chase Mortgage seems to refer to Chase Home Finance in my case as well. Don’t believe Chase Home Finance is used any more. May have gone conveniently bk.
Interesting info coming up. Lots of complaints on bills.com and other consumer sites. We are not alone!
Possible allies. May need to be careful with CNBC. Bartiromo seen as a cheerleader for Dimon:
“Before even getting to the debate over whether Dimon should remain as CEO, co-host Maria Bartiromo showed exactly where her loyalties lie, declaring, “JP Morgan remains one of the best, if not the best performing major bank in the world today.”
On hand to make the case for Dimon to hit the bricks was Salon’s Alex Pareene, who argued that, “If you managed a restaurant, and it got the biggest health department fine in the history of restaurants, no one would say ‘Yeah, but the restaurant’s making a lot of money. There’s only a little bit of poison in the food.’””
from consumerist.com
@ Hammertime – my case is with Chase as well but just to let you know Chase Home Fiance was merged into JP Morgan Chase in May of 2010 I believe.My own case has a mix of Chase Home Finance, JP Morgan Chase as well as Chase Bank, N.A. More recently they sold my mortgage (after being in foreclosure since ’07) to Penny Mac who suddenly now appears as the Plaintiff. I am now never amazed at what I read about the whole “Chase” family. The left hand never knows what the right hand is doing. The firm representing them is the old David Sterns group but changed their name as if that cured the problem of all the fraud for which he was disbarred! The legal system here is so convoluted that I feel as if I’m living in the old USSR.
@Bobbi – thanks for the info. I recall CHF was being called the servicer until 2011/2012 and then JPMorgan started calling themselves the servicer while claiming to be a new investor on the loan they purportedly originated as Chase Bank USA NA. I completely agree that it’s as though they are in chaos with their completely contradictory information. It seems in my case and overall now it’s willfull harm being done and fraud since info since settlements, bill of rights isn’t “fixed” as claimed. Do any of you have Chase Bank USA as the “lender” on your Note?
@ David FB I’ll email the station. I have specifics in my experience that back up what you’re saying. One thing that stuck out was the mention of Chase Mortgage. It’s what it shows on my closing where the payoff of my refi went to. It would be good to see which Chase they are referring to in your case. Chase Bank, JP Morgan, Chase Home or whatever part of their shell game. I bought time on sale but City is refusing to release funds I was depending on. Will be another week of dancing with the devil but let’s see what we can do to form this group and shoot to get out a press release and start a campaign for David and whoever needs it.
David…..listen up.
I just spoke w Mr. Bradshaw….I did the talking/barking. I think you should try reaching out to him once more……I strongly back your sufferage and want the truth told….your truth…our story. He listened….he gets it now….if I can’t help you….then well…god help us all. I have HOPE and you should too…..by the way….I made my final direct offer to Steve Kandarian, c uh-oh of MetLife…balls in his court now….will let you know how it goes….DBSI Fraud case in Boise Idaho is president-setting…..tide shift….ride it in….
I also plan on settling w Rust Consulting….for fraud….Matt Potter shall be named in my suit…for spending all the bank money/restitution funds ON THEMSELVES…..fraud on top of fraud….layered effect…..eh? Please give Nick another chance and CALL me if you get your story on air….when…not if…..
1.208.703.9525
Thank you for your sacrifice….we made it to the light…JIT! Never give up…never..never..ever.
@godspeed / 777
Cpwb
Trevor David Hitchin Kaufman
‘Trev’
wonderful news. God Bless Mr. Morse
World Breaking Story: Exclusive: NY Judge in Largest Bankruptcy Case in History Receives IRS & SEC Whistleblower Filing http://www.msfraud.org/ny-judge-in-largest-bankruptcy-case-in-history-receives-irs-&-sec-whistleblower-filing_4-14.html
Good blog post about this guy’s dream to jail MERS folks” to go along with yesterday’s blind men and the elephant MERS business model, partial…
“MERSCORP just tried the same stunt in California in the Robinson case, asking the judge in the alternative to declare the California quiet title statutes to be unconstitutional. Let’s talk about MERS’s vague and ambiguous language as portrayed in MERS-originated deeds of trusts and mortgages, shall we? Two paragraphs in a mortgage with no specific definitions leave a lot to the imagination … the imagination of MERSCORP’s bored of directors (not a misprint). These guys start up a private company and create an “off-the-books” recording system.”
“At the same time, the investors who really funded their loans just watched their money go away due to a bad investment, all the while the lenders continue to save money screwing the counties out of recording fees that MERS claims it doesn’t owe. Gee, what a wonderful situation America is in, all because a private corporation is allowed to insert itself (hook, or by crook) as a “national book entry system” so it can operate “off book”.
That was the part of my dream that got ugly. I watched a grand jury being empaneled to investigate MERS and MERSCORP. I watched Beckmann, Horstcamp, Hultman and Arnold do the “perp walk”. They were playing Mancini’s “Baby Elephant Walk” in the background as the four danced down the hallway from the courtroom in front of the cameras. Personally, while it left me smiling, I was disturbed by my cat who decided that I should wake up by pawing me on the shoulder. And here I thought it was the bailiff calling me into to testify before the grand jury.
Is this a sign of things to come? I hope so. America needs justice and the four foregoing individuals seriously need a 6 X 8 with 3 hots and a cot. I say, let’s indict them (since we can’t win civilly) on RICO! Whaddya say? Since the feds won’t do it … let’s get county grand juries to do it!
Hey, IT WAS MY DREAM!
I say … hang the bastards. Wait a minute, my feet are on the floor now, headed for my computer to type up my latest subconscious exploits. This is making American history folks. Martin Luther King, Jr. had a dream and he told everyone what it was. I probably won’t have a boulevard named after me, but I probably will be considered a big hemorrhoid on Billy’s behind! Aren’t dreams wonderful … even if they are a little distorted?
Take that you whiny little brat!”
@http://cloudedtitlesblog.com/2014/04/24/i-had-a-dream/
Bravo PaPa……kick HARD where it hurts….then kick em again…again….then again….kick em to the curb……then spit on them for molesting The American Dream…… never again.
I have daily fantasies about taking cakes to prison…..id start w Tony Francis…..the vp who strung me out on his word for 11 months….and 135 phone calls….FY Tony….I never forget a robbery. Fight club…….lost to a greasy bankster???? Well then….you HAVE to fight…. -Tyler…
Tom,who is on our side, this is where we need to begin
Article from American Free Press dated 4/21 entitled Foreclosed Homeowner Beats Big Banks a start. Washington state judge George Bowden appears to be tired of the banks bs. Let’s hope this ruling starts the ball moving for some with same circumstances.
Try looking up some of the other cases for Attorney Scott Stafne, who was the attorney for the homeowner in the above case you mentioned. He has been making some headway in getting judges to listen. Recently saw an article about trying to get Stafne to become a judge.
all
Subpoena William p Foley and we can watch the foreclosure fraud come tumbling down.
he should be likenend to the “deep throat” of foreclosuregate.
Hammertime and Tom and all
If you study how and why all of us that are stuck in this these foreclosure frauds you will come to the conclusion William p Foley of Fidelity Nation Title and their subsidiaries is the orchestrate r and facilitator between all the fraud, fraudulent documents, the Court, judges, County Clerks and Banks.and lawyers.
Another thing that stuck out was how posters are using the banksters language. “Free and clear” and we “have to pay” are what the banks have used to shame us into staying quiet. First of all they may be getting off easy in most cases if they released their claims to our homes! Especially at the low point. Most law states that a lost home is a matter of irreparable harm. All that language did was moralize the issue so WE wouldn’t be bailed out, supposedly at our neighbor’s or the person with good credit’s expense although the banks got away with TRillions! Classic divide and conquer and we’re still falling for it! It’s also how they made sure we didn’t “benefit” from any aid since we were the dummies who made the bad loans! So we need to be smart individually and as a group, and think in terms of negotiating from the FACTS of the law and our RIGHTS.
In CA if there is fraud from what I recall the penalty is 3x the principal! So on a $500,000 principal it would be $1.5 million!
And we were given $300 to $2,000 to make us whole? We can also use the settlement’s own framework where we were supposed to be compensated for equity lost.
Does that mean we should fight to the death? No, unless they keep being the arrogant bastards they were with the MERS issue and our senior vets that made it possible for us to have a middle class. But rolling over and wringing our hands instead of using the facts and the tools that are there is a cop out.
Let’s see if this works as I tried to post and it was under moderation. Due to links?
Would have gone well with David’s case.
Been out of commission but will be catching up. Two oldies (cases) I came across that show there’s no excuse for the pretender lenders, politicians or the American people.
D-Day vet’s tale parallels mortgage meltdown
Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home
Mike Stuckey report on msnbc.com
Ray Vargas losing home after wife needed care and passed away. IN 2009!
“Lenders passed around the deed to Vargas’ house as if it were a whiskey bottle at a frat party. Ultimately, he wound up in foreclosure proceedings. And, finally, bankruptcy court.”
Google for complete story if other post doesn’t come up.
Other story on MERS an illegal business model. New York’s U.S. Bankruptcy Court Rules MERS’s Business Model Is Illegal story on Huffington Post
@ David Franklin following before your posts. Looks like you’ve done alot and you’re hitting the brick wall like alot of us. It sounds like we really do need a group effort that comes from us as a group like Tom and I have said. I think we need to break down what you’ve experienced and put together various campaigns, petitions and letter writing where they’ll see we are watching and we’re all across the country and taking action.
We need to get coordinated though. I’m getting over my latest run around dance but I’d like to take a crack at reviewing your story from national settlement/CFPB angle. I know you’ve tried and so have I individually but I have a group approach in mind.
Your case also has the judge/court issues Tom has expertise in.
You and LMS have overlap on the specific class action.
Those are 3 areas at least we can break down as a group.
From previous post:
@ David Franklin Don’t accept anything Chase says or what’s on credit reports etc at face value but hold on for evidence and to make arguments/complaints. I would definitely review Consent Judgment and make complaint to CFPB after past week.
Do you have a sale or any deadline looming?
my name is david f. b.
sent to nick bradshaw of katu tv channel 2 news in Portland Oregon program is called katu on your side
they have refused to run the story but it is all of our story and only going to get worse
please write him and ask him to run the story on TV here .
we need publicity. on the this court case and the sellout of America by these law firms and the federal courts
and this is only the beginning.
right now I perceive I am being allegedly extorted for hundreds of thousands of dollars by emc chase jpmc
and they have called me non stop about 65 times in the last three days.
the email for katu tv is newstips@katu.com
the California station is scvnews.com please contact them as well. I talked to the news editor. nice person but they refused to do it as well . they are located in santa clarita ca near LA and are a community tv station that did the story on the vet’s house taken by chase and not notified about the settlement.
his story is on their website. we all need more publicity and social media exposure to the young people and the rick people as well.
dear mr bradshaw of katu channel 2 new on your side in Portland Oregon.
per your request here is what is going on.
I am a permanent and total 68 year years old 100 percent disabled veteran by the U.S. Veterans Admin. and have been since 1994. and was disabled by the SSA before that back to 1990. I am Cold WAR Vietnam ERA navy veteran
my mortgage servicer has been trying to foreclose on my house since 2008 here in Vancouver WA by manufacturing defaults and putting over $ 20,000 dollars in unapplied suspense accounts and then writing me letters that I am in default which I am not . I am actually according to the servicer of my mortgage four payments ahead. I am not in bankruptcy modification not behind or late ever. in Feb 2013 after reversing 8 of my mortgage payments back to june 2012, the servicer, Chase Mortgage gave me notice online that I must pay the payments again for over $ 13,176.00.
I have been to the Washington AG David Huey and perin
in feb 2013 all of the above I have documents to show you if you want them from the servicer showing these now allegedly confiscated payments while I am trying to live on a disability pension from the VA .
there is well over 50,000 dollars missing or unaccounted for no mortgage statements and multiple attempts to manufacture a default on my mortgage. when I got to the servicer they just dismiss my complaints and continue to allegedly steal my money
this is happening to other disabled veterans that I know about as well and in one case the servicer’s employees blew the whistle on them targeting veterans and were fined 60 million dollars by the federal government
every day as a disabled veteran I live with the fear of being thrown out of my home and I just keeping sending my payments and they disappear and that includes my escrow funds as well.
attached is a letter that I have drafted to us. attorney general eric holder.
yes I have gone to the attorney general of Oregon and Washington state as well and new York attorney general as well eric schneiderman.
best regards
David B.
this is the text of email to him at katu tv 2 in Portland Oregon.KATU ON YOUR SIDE
David FB – want media coverage? Take your story and put it in a video and then upload it to UTube. Tell it straight and concise but with power and heart! UTube is picked up by ALL the media stations and it’s a great way to get your story out to outside of your normal airing station! GoodLuck!
David….see my reply at top. Hope you see it. Fingers crossed the ‘nudge’ will get it going after all. Gloves are off.
NO
Agrees
However chase n their attorneys are keeping two
Million from getting a hamp and you have to pass by federal
Reserve regs the net present value model
Most people dont pass and get dual tracked and forclosed on
Anyway
The settlement is a trojan horse to steal your house and chase
Cashes in on the derivative hedge bet which puts up to
43 times the face value of your mortgage in their pockets
Be careful
That judge is allegedly bad news
The best thing to do is sue the law firms and screw the settlement
They wont even let me be in it cause they know I willl blow the whistle
On them
Regards
David
March 7, 2014
Ms. Felice P. Congalton
Associate Director
WSBA
Office of Disciplinary Counsel
1325 4th Avenue, Suite 600
Seattle, WA. 98101-2539
Dear Ms. Congalton:
I am in receipt of your letter to me today about my complaint file NUMBER 14-00339
To say the least, the representations made by Ms. Cappio and Ms. Obrist attorneys are a fabrication by omission or perhaps a better word and unethical evasion of the truth based on the following facts.
1. The original case filed by Ms. Obrist and her firm in Seattle was filed in Yakima WA. As a Federal Fair Debt Collection Practices Act NOT an MDL case. I request that you get a copy of all those complaints including the supplemental complaints where Ms. Obrist and Ms. Cappio clearly state that the number of members in the class including myself were over 500,000 fraudulent modifications made by emc chase which are included in the Judge’s order for mine as well for NOH HAMP Modifications(see Judge Stearn’s order for NON HAMP mods to be included. Chase uses the term in house mods prior to Obama’s election that are covered by the order and did not have a TPP. That number is based on the Federal Trade Commmission case against EMC chase for which a $ 25 million settlement was obtained by the government for the homeowners that emc chase defrauded. It was a consent judgment by EMC CHASE. One of my friends got a check from that settlement after Chase stole his house allegedly in Texas. That complaint and settlement are readily available on the Internet via Google. I have a copy of that complaint.
2. I told Ms. OBRIST TO CHANGE HER ORIGINAL FILINGS IN THE COURT ABOVE BECA– USE SHE DID NOT STATE A CLAIM. TOM HOYER AND ASSOCIATES IN TAMPA, FLA MADE THE SAME MISTAKE AGAINST CHASE. AND THE FEDERAL JUDGE TOSSED THE CASE FOR FAILURE TO STATE THE CLAIM.
3. I SHOULD NOT HAVE TO COUNSEL AN ATTORNEY WHO DID NOT KNOW WHAT SHE WAS DOING.
4. She does not know Title 12 U.S. Banking Federal Law like I have been trained by the U.S. Treasury Deparment Office of the Comptroller of the Currency to be a qualified forensic examiner for predatory lending practices including emc predatory practices and chase’s current practices. May I remind the WSBA that Chase has been fined $ 13.5 Billion dollars by the U.S. Attorney General Eric Holder and is on two year criminal probation at the present time. One more according to the memo to the U.S. Justice Dept time of criminal misconduct by Chase and they by federal law are out of business and Keller Rohrbach may not get a dime of their court ordered payment of $ 10 million.
5. I delivered the evidence to Ms. Obrist and Ms. Cappio by certified mail return receipt which their staff signed for and they refused to acknowledge per my request three times the receipt of that evidence. U.S. Federal Banking Law prohibits transfer of loans and changing account numbers from April 2011 to October, 2011 where the loan terms and interest rates are changed. The loans must be the same before and after the transfer.
6. Ms. Obrist ignored that fact I told her about 25 times. The point here is that chase is covering up all those old loans numbers that they changed in violation of u.s. code Title 12. Mine was one of those and I have all the proof of that and all the old loan numbers of which there over 2 million for first and second trusts that were also modified and covered by judge stearns order.
7. Any lawyer of any salt knows that the duty and responsibility to inform the federal judge of this cover up by chase is an obstruction of justice and contempt of a federal court order by Judge Stearns. More importantly I read an article about a marine corps veteran who in santa clarita near Los Angeles had his home taken by chase and he did not know about this settlement and did not get notified by chase or kellerohrbach as he and I should have been.
8. This is a coverup of massive proportions that could cost chase billions in mod costs. They have 40 billion in TARP money remaining and that is taxpayer money and it is being used to give kellerohrbach their court awarded fee.
9. Ms. Cappio should have filed this case in Tacoma WA where Ari Brown and Phil Goldst ein of Portland won these kinds of cases where there was a full restitution to the homeowner in a Federal FDCPA case and a False Claims reform act case under that statute against multiple big banks arising out of the countrywide / bank of America . Ari Brown is with Hagens and Berman and everyone in this state of any salt knows that the Tacoma court in 2010 was very consumer disabled veteran like myself oriented which is now slowly changing with the appointment of bank oriented new appointments to the court.
10. Ms. Cappio should hav e filed for we consumers an appeal to the 9th circuit court of appeals to have this case changed b ack to a FEDearl FDCPA case like it was filed in Yakima. WA.
11. The attorney by omission argument to the state bar that I got today is full of omissions to support his/her argument but the facts do not support it.
AS a disabled veteran under the federal Americans with Disabled Act do request the following
1. An attorney to represent me before the bar in a hearing to vet this issue fully.
2. That the bar support my position that it is not my responsibility to inform the court about anything since the federal judge in his order stated clearly DO NOT contact the court or the administrator unless you are in the class.
3. I am not a lawyer and can not rep myself due to legally adjudicated disabling for life medical conditions from my military service that I and my family fought Hitler and served our country since 1927 including my son in Iraq.
I request that ms obrist and ms cappio obtain all the old numbers which I Told them I have for one bear stearns trust and get all of them from the trustee at the time wells fargo from their public database on line if it is still available and all the old second trust loans owned by the federal reserve bank of new York in their Maiden Lane trusts I AND II.
You can google that on the internet as well.
Ms obrist is out of her league when it comes to banking law and mortgage finance. She spurned my help many many times and totally botched this case for her and her firm’s alleged enrichment motives.
That violated the state bar ethics.
By the way, I told her that chase would offer fraudulent mods again.
Chase has in effect put me in the class without my permission and not notified the court
They are trying to force modify my current predatory loan which came from the above transfer and they have hired an appraiser and sent me a dozen loan mod packs and put me in their loss mitigation dept at chase home finance and told me via their rep in Columbus ohio that My only choice is to opt out. I am not even in the class according to ms obrist but chase says I am and are starting the federal government ordered loan modifications that their manaegement they must do . the three depts. At jpmc chase home finance under kevin watters ceo chase mortgage banking has begun the use of the federal reserve oderded net presdent value model loan mod anaylysis that results in dual tracking and foreclosure and grand theft of mortgage payments like they have been doing to me for the last 7 years to the tune of $ 100,000 in missing mortgage payments and higher payments from denied HAMP I mods and fraudulent non hamp mods.
Best regards
David F. Black tr ansmitted by fax 4/7/14 to 206 727 8207
360 772 5617
360 750 7547 Cc: mr rick potter. Mr potter is not rep’ing me in this matter at all or advising me in any way. I don’t want him too. I studied to be a lawyer in Virginia and two different law schools LOYOLA UNIVERSity and George Mason university but my Navy disabilities struck me down from that because I served our country.
Please forward to Stephen j. Sirianni on my behalf and scheduled on a Tuesday or Thursday and hearing here in Vancouver wa per the ADA federal law for accommodation of a disabled veteran since I can not drive to seattle. Wa anymore.
LIKE I said ms cappi o and ms obrist along with the senior attorneys management committee sold out for their own enrichment allegedly every disabled veteran in the country and every homeowner nationwide and don’t have the courage to admit it and right their wrong and inform the court and the federal judge of chase’s Coverup and get this case to the circuit court of appeals for the 9th circuit or file a writ of mandamus and get a new judge and a new trial and move the case back to federal court in Tacoma wa and have a jury trial and state the claim under the federal fair debit collection practices act for $ 10 trillion dollars for
All of the Princiapal Managing Parters of Kellerohrbach, LLP Feb 20,2014
New York Office
cc: chase counsel for this federal case in san francisco, ca.
New York City, New York
Dear Sirs:
in the matter of david f. black v. chase home finance regarding alleged fraudulent loan modification
in the matter of class action notice from chase or kellerorhbach.com and ms gretchen obrist and gretchden cappio plaintiff counsel in http://www.chaseMDLclasssettlement,com befor Judge Rober R. Stearns, Federal District Court of Massachusetts.
Dear Sirs
your lead counsels who promised me ie ms obrist four years ago in writing from your email server and she has a copyof that email promising me and stating that I was and would be in the class for the case filed as a class action in Yakima, Wa. in us. federal district court.
At present ms obrist and ms cappio are stonewalling me to have that notice with my user id and password on the class action notice. I Have sent the attached by fax letters from mr barry and chase attorneys documenting the illegal modifications done to my loan in 2008 that meet all of the criteria specified in the settlement documents on the chase class action settlement website and Judge STearns judicial order sepcifying the criteria for the class
Despite all of this effort on my part ms cappio and obrist refuse to send me the notice and notify the court of my inclusion.
so this is your official notice that it appears that both these rude attorneys do not understand that chase changed the NON HAMP loan numbers for the bear stearns trusts and mortgages therin from april 2011 to october 2011 and converted them to the new account numbers illegally because the transfer violated allegedly title 12 of the u.s. banking act since they changed the loan terms and interest rates upon transfer. in other words covered them up and the mods done to them allegedly like my loans.
I have all of the old account number of aboutr 50,000 loan numbers from the trustee wells fargo fpr my mortgage trust that is owned by Blacksmith and Boiler makers Pension FUND IN Kansas City Kansas . I have notified both counsels of your firm they have an ethical and legal responsibility to the federal court to notify that there are are approximately up to 2 MILLION Other loan numbers that had non HAMP fraudulent modifications like mine for not only first trust loans but also second trust loans. They were illegal because emc chase charged a one month capilalized interest and added that fee to the loanb balance in violation of title 12 and it is not allowed to charge a fee for a loan mod and then tried to foreclose on me there times from a manufactured default putting my payments in suspense accounts and had ms bollero to allgeedly try to extort more money from me on allegations that I defaulted on my loans
Ms Obrist wrote me a binding legal promise and contract to see that I would receive justice for the harm done to me and continue to be done to me as a disabled veteran by chase home finance.
yesterday I received a phone call for three hours from E.J. Reed of the executive offices of chase home finance representing mr kevin watters ceo of chase mortgage banking stating that it is kellerohrbach’s duty and responsitibilty to send out those notices based on info supplied by chase they are required to give all the loan numbers to you as well for non hamp modifications.
the attached letters from chase attorney document chase modications of my loans first and second trust as well as the old account numbers and modifications done to them by chase non hamp a category included in judge stearns order.
this is a formal complaint directed to you by me regarding the gross violation of attorney client ethics by ms cappio and ms obrist as specified by the washington state bar, specifically they are allegedly trying to do harm to over one million homeowners including myself across the u.s.a.
this case should have been filed in federal district court in tacoma wa where similar cases have resulted in restitution to the homeowners by attorneys working or Hagens and Berman. and appealed when the case was converted to MDL. this case and settlement has the appearance of court shopped and judge shopped to get the most favorable non monetary settlement for chase not restitution for homeowners who suffered up to $ 30 trillion dollars in losses from fraudulent dual tracked chase foreclosures resulting from chase alleged fraudulent modifications
I have a masters degree in baning and finance and did my masters thesis on chase fiancial operations and trAINED BY THE OFFICE OF THE COMPTROLLER OF THE CURRENCY.
Ari Brown is that attorney who did it twice against big banks and mortgage servicers.
and won full restitution for the homeowners.
unbeknowst to ms cappio and obrist. the mod settlement in the judge’s order is nothing but harm to any homeowner who accepts it since by federal reseRe regulation and chase policy any modificaTion request is a default and the homeowner must pass the net present value model as specified by the federal reserve board regulation and if the homeowner fails THAT TEST AND THE ACTUAL VALUE MODEL TEST by law the homeowner must be foreclosed.
your firm is a disgrace to your profession to allow suich a settlement to occur and betray millions of homeowners while you stuff your pockets with ten millino dollars of chase money to keep your mouth shut.
there are an additional up to two million other modifications non HAMP done on chaseloan s that you dont seem to know about .
you are legally obligated to send me and all the other homeowners a notice of class inclusion.
best regards
david F. Black
cc Eric Schneiderman Attorney General of New York state who has advocated on my behalf before the OCC US treasury dept.
Cc: Mr kevin watters ceo of chase
SEND ME MY class action notice immediately or I will GO TO the judge stearns about this alleged contempt of court by class counsel and perhaps chase as well. i AM A STOCKHOLDER OF jP moRGAN CHASE STOCK.
please see attached letters from chase attorney and mr barry regarding modifications all o f which are or were fraudulent.
i TOLD ALL OF THIS TO MS CAPPIO AN MS OBRIST ON THE PHONE WHEN THEY CALLED ME AND MS OBRIST TOLD ME TO SEND HER DOCUME NTS TO PROVE MY CLAIM ALL OF WHICH i HAVE DONE INCLUDING PROOF OF PAYMENT ON THIS MOD FROM M YCHASE BANK ACCOUNT AND NOW BOTH OF THEM ARE STONEWALLINGME AND NOT ANSWERING THEIR PHONE.
THEY CALLED ME . NOT THE OTHER WAY AROUND . AND DEMANDED DOCS AND THEY SIGNED FOR THEM WITH FEDEX AND USPS. SO THERE IS PROOFTHEY GOT THEM
i AM NOT ALLOWED AS i DID BEFOER ANY OF THE STAFF ABOUT THIS MATTER NOT EVEN TO LEAVE A MESSGE.
the point of these postings. congress house judiciary committee has the power to remove this judge and anyone in his settlement can file a n appeal that has been given a user id and password by the settlement ADMINISTRATOR IN RHODE ISLAND. TO DATE NOT A SINGLE HOMEOWNER HAS DONE THAT . AND I CALLED KATU NEWS HERE IN PORTLAND OREGON TO BREAK THIS STORY AND SCRV NEWS IN SANTA CLARITA WHO TOLD A STORY ABOUT CHASE TAKING A FELLOW VET DISABLED VET LIKE ME HO– USE IN SANTA CLARITA.. AND BOTH NEWS OUTLETS REFUSTED TO DO THE STORY.
I HAVE WRITTEN OVER TWO DOZEN COMPLAINS ABOUT CHASE TO ERIC HOLDER SEC HUD DONOVAN AND SUED CHASE VIA THE FAIR HOUSING ACT JUST LIKE ACLU IS SUING MORGAN STANLEY IN FED COURT IN NEW YORK CITY FOR MORTGAGE SECURITIZATIONS VIOLATING OUR CIVIL RIGTHS UNDER THE FEDERAL TITLE VIII Fair housing ACt 49 usc 24 cfr.
no one is complaining suing or even writing the us cfpb I even called their deputy general counsel on the phone in d.c. no one else is doing that.
if four million people like us got on the phone fax and rAISED HELL ON SOCIAL MEDIA ALL OF THIS CHASE ANDOTHER BANKS BULLSHIT WOULD STOP. WE ARE SITTING ON YOUR BUTTS AND THINK WE DONT HAVE TO DO ANYTHING. WE DOTH PROTEST NOT ENOUGH.
I talkd to the attorney in the chase class action. They are not going to say anything to jeopardize their 9.5 million dollar payout and in the settlement, once it is final it says they cannot speak to the media, cannot say anything deragotory about chase and for us the plaintiffs, if our loans are transferred before the settlement is final, we are no longer part of the settlement. What a maroone!!!!!
the sad thing about the class action with chase is that once again they will walk away without admitting fault and until something or someone can stop their crap, it will just continue. Heck, everything that they were accused of in the chasemdlsettlement, they did to me, they breached contract 2 times with me and not even 4 months ago after they had lost this settlement, they are still doing the same thing to me. I know everything is a payoff with them, but never admitting to nothing. It is so criminal. It is going to take an army to stop them, all of the banks. Maybe when they steal the wrong persons home, the ball will get rolling. It has just gone on too long and all the ones that could stop them just look the other way.
I would not have paid them 3 times, I believe you. Has your loan # ever changed? I hope you have all your original paper work and a record of all your payments and the original agreement you signed. I don’t see how a judge could refuse you then. You probably would have been better off if you would wait for the banks to get their s**t straight. Are you part of the chase mdl settlement? they breached numerous agreements with people and breach of contract is never acceptable.
Chase has admitted they dont have the note or own the mtg
Mdl case was first entered as a FDCPA CASE IN YAKIMA WA
FOR EMC CHASE FRAUDULENT MODS AND PREDATORY
SERVICING PRACTICES WITH MONETARY SETTLEMENT
,THE FEDERAL MDL COMMITTEE THEN COMBINED NINE
DIFFERENT CASES AND CHANGED THE CLAIM BY CHANGING THE CASE
TO MDL CASE,
THE ATTORNEYS TRIED TO GET THE JUDGE IN BOSTON TO CHANGR
IT BACK AND HE REF– USED AND THEY DID NOT APPEAL HIS RULING
SO THE ATTORNEYS GOT TEN MILLION IN FEES FRPM THE JUDGE
AND THE HOMEOWNERS GOT NOTHING
WE WERE ALL SOLD OUT BY CHASE PAYING A BRIBE TO THE
ATTORNEYS ALLEGEDLY
AND CHASE LIED TO THE JUDGE ABOUT NUMBER OF MODS THEY
DID COVERED BY THE JUDGE’S ORDER
THEY TOLD THE JUDGE IT WAS 60000 PER THE RESPONSE FROM WA
STATE BAR PER MY COMPLAINT TO WASH ST BAR ABOUT
KELLERROHRBACH.COM SELLOUT
IN FACT THERE WERE TWO MILLION MODS ARE MORE
CHASE ALLEGEDLY PERJURED THEMSELVES VIA COUNSEL
IN A FEDERAL COURT CASE
DAVID
Dont receive mtg statements
Hi I agree about the paying
But on chase’s case i pay they steal the money and extort me
For more
If tarp paid off the loan then i should be paying the us treasury
Dept and no one can tell me what i owe and chase has admitted that
In writing
One vp here got fired for talking to my attorney and cpa
And forensic fraud examiner
So far i have paid the same mortgage balance down
Three times
David
Ny ag in nyc Is suing chase and bear stearns trusts again
For investor fraud after settling the cohen milstein case
Today chase has called me 12 times since 7 30 am
They wont let the local distict vp talk to me
Or my attorney or cpa forensic fraud examiner
And they reverse my mortgage payments and steal the money
And admitted it in writing
Feels like extortion
And i never approved or applied for a 12.37 percent loan
With a 312,000 balloon payment. In 2037
And most of the time i dont mortgage statements
On arm loan
David
were you a prime borrower who got WaMu’d? and ended up in Chase servicing? with no loan documents and no loan schedules? Bear was counterparty to the swaps on my trust.
Check in Maiden Lane 1. Lots of acronyms (WFHET 05-2 = Wells Fargo Home Equity Trust Series 2005-2, SASCO Structured Assets Securities Corp, CWALT Countrywide Alternative Loan Trust, etc.) you get the idea. Maybe you get lucky and find some of your trust assets in the ML1, and that’s serviced by GMAC/ResCap, tied up in the SDNY. Now what, judge? The servicing rights, not the note, not the mortgage, but the “rights to collect” the loan are all that’s left?
CDS gain no title to the res through subrogation.
didn get wamud a m being allegedly extorted b y chase on a l oan they orginated after tarp money was used by them to extinguish original first trust loan from emc bear stearns that is being reported to the credit bureau as paid. the new loan has no loan docs no application by me and from my viewpoint is a felony they did to for aabout one million loans or more. that is one million felonies all being covered up
in the last two weeks chase has gone ballistic on me I ve received hundreds of phone calls from them emails regular us mail appraisals on my house by contractors that chase hired. so far today I ve received about 40 phone calls in the last twelve hours. chase sent me two payoffs on my loan and charged me for them and I never even asked them to do that. they have gone beserk.
regards
David
id say if there was a time to go ballistic with chase for all the wrongdoing and lay it all on that federal judge In boston ma his name is Robert a stearns us fed district court in boston ma. the case number is mdl2290 at http://www.chasemdlsdettlement.com and raise hell with the us cfpb Richard cordray by writing to him directly to his office in d.c. in downtown washnigton d.c. the us cfpb director. their call center is in iowa and they have been burying my complaints in the federal trade commission. there is ahuge coverup at play here . and we have to uncover it and blow it all to hell on the media.
David
Been out of commission but will be catching up. Two oldies I came across that show there’s no excuse for the pretender lenders, politicians or the American people.
http://www.huffingtonpost.com/l-randall-wray/new-yorks-us-bankruptcy-c_b_824167.html
case file http://www.scribd.com/doc/48827432/In-Re-Agard-48750818-US-Bankruptcy-Court-New-York-Memorandum-Decision
New York’s U.S. Bankruptcy Court Rules MERS’s Business Model Is Illegal
http://www.nbcnews.com/id/29198366/ns/business-real_estate/t/love-death-foreclosure/#.U1gR9teNO0w
D-Day vet’s tale parallels mortgage meltdown
Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home
@ David Franklin Don’t accept anything Chase says or what’s on credit reports etc at face value but hold on for evidence and to make arguments/complaints. I would definitely review Consent Judgment and make complaint to CFPB after past week.
Do you have a sale or any deadline looming?
I don’t understand follow the money follow the docs
David
Read the definition of a debt collector and of a creditor in the Fed. Debt Collect Practices Act 15USC1692A. If it is not your actual lender to whom you signed the promissory note bringing the foreclosure, and if there was a default letter prior to any kind of alleged assignment then they do not fit the definition of “creditor” and they cannot, by law, bring this foreclosure. They have most likely violated multiple counts of the FDCPA and check your state debt collection laws. Read that set of laws line by line. It’s well worth it.
Look at all of their papers and those of the attorneys. If it says “we are a debt collector attempting to collect a debt” or “this is an attempt to collect a debt” they are admitting it.
These laws are very important. Blessings to you
thanks usedcarguy. if the mortgage original is paid off which it is according to the credit bureau and chase created a new mortgage with higher interest rates and loan terms ie a balloon payment in 2037 with no loan docs no nothing and nothing is registered at the court house and did they get a new MERS number as well. I have been fighting with them for seven years now and it is a pure stonewall . thanks for the info . I looked up eurobobo and deal vector. very useful information. out here in Washington that kind of info would cause a state court judge to have a meltdown. this is an outpost out here and chase has everyone allegedly on their tab. if I mention chase to an attorney out here they run for the hills.
do you have any suggestions on how I get confirmation from treasury or a TARP report that all the bear stearns trusts have been paid off by TARP.
or some other confirmation. I know about the Bloomberg cancelling the terminals. I should have gotten my free subscription for one month when I had the chance but now that info would be worthless.
I just submitted to chase a section 1594 RESPA Qualified Written request for the name of the new trustee if there is on e and the name of the mortgage trust that this new loan is in or knowing chase they would say it is a mod of the old loan.
this wound up in a class action case in boston ma here is the link
http://www.chasemdlsettlement.com
where the homeowners got nothing. now thanks to you I understand why chase lied to the judge about the number of modifications in the class. to cover up perhaps the TARP deal.
chase has allegedly been trying to extort me for more and more money for the last seven years and am not behind not late not in mod and not in bankruptcy and even four payments ahead.
I have been telling my pro bono attorney whose firm works for banks doing bankruptcy that there is no loan.
thanks for the info used car guy.
I did find out who owned in the past my mortgage certificates In the 2007 bear stearns trusts 2007 ar 4 by scanning the federal court in new York for cases brought against bear stearns and chase. I found one where the investors were represented by cohen and Milstein and one other class action firm in new York and on the pleadings where the investors sued chase and the trusts all of their names wer e o nthe styling section of the brief
in my case they were blacksmith and boilermaker’s union pension fund out of Kansas city Kansas or kc Missouri and I looked them up and do they ever have a history of hassles with the us dept of labor. theother two were railroad pension fund and healthcare company pension fund all of which were afl cio labor organizations.
best regards
David
I hope that helps someone.
chase has tried to manufacture a default three times and so far has extorted me allegedly over $ 50,000 and stolen another 100,000 in payments . they harass me daily now by mail and by phone . even had one of their affiliates call me on the phone and threaten me with prison.
so my view says I am getting closer and closer to the truth
one of their local v.p.s that I spoke to and who reached out to my pro bono attorney and cpa and forensic fraud examiner was fired because she talked to them without upper level clearance T O DO SO.
SHE WAS A NICE LADY WHO WA S TRYING TO HELP ME.
WHAT I DID DISCOVER WAS THAT CHASE IS SELLING LOANS TO PEOPLE TELLING THEM THEY ROUND UP THEIR INTEREST RATES ON ARM LOANS. WHEN IN FACT THEY ARE ADDING 5/8THS OF ONE PERCENT OF INTEREST EVERY SIX MONTHS TO THE RATE FOR PAYMENT CALCULATIONS PURPOSES.
ON AN AGGREGAGE BASIS FOR EVERY ONE TRILLION DOLLARS OF LOAN BALANCES CHASE IS SURCHARGING EVERY HOMEOWNER IN AMERICA OVER $ 6.25 BILLION DOLLARS IN INTEREST EVERY SIX MONTHS THAN THEY SHOULD BE CHARGING
AND THIS INTEREST HAS NEVER BEEN REVEALED TO AN YOF THE HOMEOWNERS AS REQUIRED BY THE TILA law.
regards
David
David, the chasemdlsettlement is about contract breach mainly and it has not been finaled yet so if you think you are getting nothing monetary you are right, but you are supposed to be able to cure any delinquency which would not apply since u r 4 payments ahead and we are supposed to be offered new hamp modifications. It just depends what you are looking to accomplish with your home situation. From what I read about your situation, it sounds like thru all the transfers ur note was satisfied at some point, but you would know if it has been satisfied. We all have to pay.
When you borrow money, you agree to pay it back – that never changes.
However, while people who lend you the money can put the Beneficial Rights, Title, and Interest in your Note and Mortgage, and have different entities SERVICE (collect the payments), into other entities hands…NOW it gets interesting. IF IT WERE JUST YOU AND THE ORIGINAL LENDER, you’d have someone to sit down with and work things out or at least deal with and come to an agreement as to whether they get the title or you get new terms.
No need to ever make payments to anyone else other than your original lender, in an IDEAL WORLD.
BUT, when that lender DOES things, they – and others – can put you in an unfair and weak position…and that’s what’s happened to most of us, and what’s caused the financial mess the world is in ( and the world IS in one, – a VERY serious one – make no doubt of that ! )
SO, you need to POSSESS ALL THE DOCUMENTS OF WHAT THEY DID !!! You have a right to know that your PAYMENTS GET TO – AND ARE RECEIVED BY – THE RIGHT PARTY(ies) along WITH THEIR RIGHTS TO…AND… your money !!!
When you DOCUMENT all of that, you are “following the docs and the money”, …..and be sure to include the “fair and reasonable” compensation paid TO your original lender and all other parties who may claim interests and make demands upon you. One dollar is NOT “fair and reasonable”…..[.if it were you’d only have to pay the investor ONE DOLLAR to make them “whole” !, right ??? ]
My experience is that people who represent themselves DO NOT DO THAT.
“I want every document and every dollar accounted for “.
Judges – when presented with that, HAVE LITTLE LEEWAY…THEY CAN’T BY LAW ORDER YOU TO PAY SOMEONE WHO HAS NO LEGAL RIGHT TO YOUR MONEY, NOR CAN THEY ORDER YOU TO PAY A PENNY MORE THAN YOU are legally liable to pay.
UNLESS A BORROWER shows the court they are precluded from giving a party your money, they WILL order you to pay them on the grounds YOU failed to physically show the judge why they don’t have a legal right to it. IT SHOULD BE that THEY have to prove they are entitled to it, but no more in the United States is that the current case. Our judicial SYSTEM HAS BEEN DESTROYED OVER THIS SCANDEL. Judges are still requiring such proof in a small number of cases, but they are getting overruled in the Appellate Courts. Until we have our LEGISLATORS pass laws to “right” our judicial system, it will remain upside down. The Banksters are betting U.S. citizens don’t have the Will to do that.
We’re in an Economic War, and we’re losing.
What are YOU going to do about it.
Hello. I’m in the DIscovery phase of my SECOND case against the bank (pro se) after having their first Complaint dismissed. The judge said there are still issues, and we are going to trial.
I tried leaving a message on http://www.casediscussions.org/ but it looks as if the links are not live. Is there another site or other way to leave my info. I could use some comments. I believe I have a winning case, but need to bounce things off other foreclosure defenders.
Thank you very much.
You have to be VERY aggressive in doing your discovery to get to – and document – the truth, then its just a matter of matching the documented truth with the law and case precedent (unless you want to try to set NEW precedent !) You need a SKILLED TRIAL ATTORNEY to present your case correctly.
The links on casediscussions are still being worked on to get it to be the most useful.
In the meantime… WHY do you think YOU should win, and WHAT are the issues the judge said need to be tried.
ps – if you convince the OTHER SIDE you have a winning case, they’ll want to settle
can used usedkarguy or anyone tell me how to get access to Bloomberg data for my mortgage. I don’t have the money as a disabled veteran to pay for access to securitization data for my bear stearns mortgage. however I do know who owns my mortgage in the bear stearns trust and wells fargo used to be the trustee but the petitioned the SEC to get out of the trustee business for bear stearns trusts.
The Bloomberg system is the best securitization data available, however, it’s $1,500 or more and really does nothing!! The banks are just stealing the houses and the courts are allowing it to happen. You can walk into Court with ALL the evidence to prove fraud and it just doesn’t matter…the Courts are in bed with the banks and I am telling you this because I wasted entirely too much money to prove my case and it just DIDN’T MATTER!!!
Every case turns on just one or two points – you took out a loan, you didn’t repay it…that’s what the courts HAVE to look at, – ….now if you can prove “I DON’T HAVE TO REPAY IT, or REPAY IT TO THEM“, then the court has to go with you, or be overturned.. Remember a judgment CAN BE OVERTURNED under certain conditions – a judge being paid under the table will get both YOUR JUDGMENT and the JUDGE tossed out, but YOU MUST DEMAND AND INSIST ON IT…the media LOVES Judges on the take news stories !!! How are you going to prove it – most payoffs are in cash or something paid on behalf of the party or their family or friends and associates…do you have good P.I.’s ???
All the securitization documents can be obtained through the SEC and other public filings and by Subpeona Duces Tecum. What is even MORE effective however is to TRACK THE MONEY…follow the documents, follow the money – nothing passes until its done correctly.
David, Bloomberg shut down all their terminals that were leased to anyone NOT a trader or investor. That was my understanding. I had a guy do mine a couple years ago. I have also obtained information through a firm that tracks ownership of MBS, called DealVector. These guys are trying to shine light on the market for investors, and are open to sharing their information upon registration. You have to tell them HONESTLY why you’re there, who you are, and provide valid information. This site allows you to find the MBS and for a modest fee I am sure they will certificateholder information. I am in the process of trying to get in touch with investors now.
All of this is fraud, and when you start chasing your loan down some rabbit hole trust, then find out the trust certs are paid off, they were extinguished in 08 through TARP, and only a couple of the EQUITY tranches (owned by the sponsors) are still paying, That’s where your loan ended up if it’s current or modified. They resecuritize the modified balances.
Find Bob Garassi’s brief on Erobobo, and then…….go figure…….
Bobbi, are you part of the ChaseMdlsettlement? Because in the settlement, if chase transfers the servicing of your loan, you are automatically opted out of the settlement and Im betting that is what they are going to do to a lot of us so they don’t have to make good on their breached contracts.
Tom; please send me docs that ‘HSBC” can NOT be a trustee for ANY banks and/or investment trusts. Your comments are ‘great’; but as you say: it must be used in a case and prevail. I look forward to receiving something. g o i g r o u p at geemale. THX
What State are you in, besides Frustrated.
Are you an HSBC as Trustee for someone ? Who
and who is your servicer, original lender, and when and how did both transfer and when were their recordings in the public records
AM I SEEING THINGS ????
I had to blink several times BUT IT WAS STILL THERE !! An AD for HSBC on the right side of the page this blog is on of 4closurefraud.com !!!
ANOTHER VICTORY !!
Another party sued by my same plaintiff “HSBC as Trustee for Ace Securities” won an involuntary dismissal today !!
so HSBC as Trustee for Wells Fargo Home Equity Trust 2005-2, still listed as trustee on bloomberg, is not performing trustee functions? Yeah, I know. But that document would be most helpful, Tom. usedkarguy@yahoo.com
sounds like the banks are the paranoid ones. If I would have done all the fraud they have on the American publc, I would be running scared too.
Headed to the 7th Circuit.
just an FYI, Article 9 of the UCC should be abolished as it has permitted these banksters to get away with their fraud by allowing their so called “transfer” to third parties to “possess the note” and sell it over and over again.
im in it to win! put these fraudsters in their place, a 3×5 jail cell
Tom
I wrote a little book when I discovered how corrupt Judge Alice Schlesinger and all the appellate judges I had except Judge Helen Friedman were and printed as many as i could and sent them far and wide. I guess she never expected me to fight back. You are right Tom we all have to fight back in our own way in addition to the internet fight.
I want to invite everyone on here to host your OWN Case Discussion on my new website
http://www.casediscussions.org
This way, anyone you want to update, can quickly go and see your situation and the documents you want them to see Make sense ?
Should make it easier to get more input and interest as well, and eventually find others in the same boat as yourself to work together with.
I can’t get into any of your posts……
All, I need some assistance and advice. We received a Notice of Foreclosure a few months back. I have still been corresponding with Wells Fargo telling them they have no standing. After several QWR’s and letters to OCC and CFPB, WF responded with more documents than they did in the past. This time they included 2 Allonge Notes which I had never seen before. Keep in mind that they did not respond with the documents even to OCC and CFPB. Then it clicked I went on to the Baltimore More Public Records and there it is a Deed of Trust had been posted there on the 11th of this month. I have not been able to view it yet, but I can imagine what it is. I need some help on which way I should go with this. I need to know what I need to do in order to prove that the documents are Fraudulent. I am sure they are. Any assistance would be greatly appreciated. James 443-677-2799, Thanks I live in Maryland
First off I would get a copy of the Deed of Trust ASAP, as well as anything else they have filed with your county recently. Next you probably need to check your state laws as to whether they were able to start foreclosure proceedings prior to being the beneficiary to anything, I am assuming that is why they filed the Deed of Trust (probably a Corporate Deed of Trust). They are trying to prove they are the beneficiary to the deed. In some states they cannot start foreclosure proceedings prior to doing such things. It might also benefit you to figure out whether or not they are proceeding with a judicial vs non-judicial foreclosure. As a quick Google search looks like they can do either in your state. I am sure there are others on here that know way more than I do but I hope I at least gave you a place to start.
I was thinking along the same lines. I would review the Wells Fargo Consent Judgment as well. The Chase judgment includes this section Section IC. Documentation of Note, Holder Status and Chain of Assignment. If dates aren’t matching up etc I would also review reliable evidence for filing/recording of docs. Based on what you find keep sending CFPB complaints, QWR’s. Start informing local officials if you haven’t yet as well.
James, scan to escandona1@gmail.com the NOD and NT…maybe I can help.
Amada
I have been fighting with Wells Fargo since December 2007. Fortunately it has meant well over six years without payments. During this time I have come to know them and the tricks they use very very well, and they have come very acquainted with me as well, and know me
to be a thorough and careful researcher. It seems they have been acting on a SUPPOSITION that they were the correct and legal servicer of my loan, but the records of my original lender show otherwise. The original lender claims my loan was never transferred away, including my servicing never going to Wells Fargo. This would mean Wells Fargo is going to have to return ALL of the years of my making payments to them back to me – and the Court throwing their foreclosure action, on which they have spent their own money on, out.
What this means to YOU is that their Standard Operating Procedures probably have been used in your case too – whatever they feel they need to win the foreclosure they will just manufacture. Only YOU can execute a Deed of Trust. Obtain a CERTIFIED COPY immediately, but talking about it will not prevent your being foreclosed on – unless you CAN PROVE they are LEGALLY PRECLUDED from foreclosing, they will GET AWAY WITH IT.
TO PREVENT THAT, YOU MUST do vociferous discovery and RE-CREATE every step of the trail of how you got from signing your original loan documents to here…on paper and by first hand testimony by each individual involved. They WILL fight you tooth and nail on this, and IF you have LEGAL PROOF of why they may not complete the foreclosure as a MATTER OF LAW, you should be able to prevent them from doing it.
FYI, Wells — USED to have their “hired guns”, the foreclosure mills create these fraudulent documents. Jail time for those attorneys. NOW Wells has decided to manufacture them THEMSELVES, mostly out of their Minnesota offices which were formerly Norwest, who is the true owner of Wells and just using the name Wells Fargo under which to do business and their dastardly deeds… methinks this is where yours may have been forged, if they were forged. Forgery of financial instruments is a felony. Forged instruments may NOT be used or accepted by a court.
Be glad to talk more about the details over the phone, but I recommend you go to my new website http://www.closewellsfargo.com and look it over before you call me.
Your task is to PHYSICALLY DOCUMENT THE TRUTH and get the people involved to testify it IS the truth. Its a lot of work, but it can be done. A skilled and talented trial attorney should work with you to pull it off. Your goal should be a negotiated settlement, not a full blown trial, but being 100% READY for a full blown trial is the ONLY thing that will get them to cave in.
Only if they think they will lose, will they do that…however forcing them to comply with all the concessions they have already made is a huge hammer you hold over their head. Chances are if you say the right things to the RIGHT PEOPLE, they will turn nice and friendly and want to be your best buddy, which is where they are with me after six and a half years..finally.
Tom Heinrich
(954) 781-9300
Tom,
What you have written is very close to what many of us are experiencing. One important comment is that courts ARE excepting these forged documents without much discussion and ruling in favor of these banks/foreclosures on a daily basis. I can discover all the forged documents I want and present them to a court as a proven fact but they are still on many occasions being disregarded. It would be great if the laws applied consistently and the Judges rulings were made easy by stating precedent but it’s a free for all and case by case whether you are granted any relief.
The tools are there, we can ‘t fall into the cable news, ideology, false morality traps. The truth of one person alone is powerful but if we work together it’s that much stronger.
Banks fear me…’us’.GLOBAL POWERBR(oh shit)KERS are behind us little guys….we American Dreamers have sure eaten a lot of FDIC shit…that’s Fed Dic….their turn.
1. File a Police Report w your local PD..provide evidence of the suspected fraud….
2. Send copy of said police report to AG Holder
3. File in Federal Court….’friend of’
4. Watch what happens
5. CEO are getting shadow talks…visions of what’s to come…they are wetting themselves. ..not licking their chops as before…’wetting’ as in pissing their Brooks Brother’s pinstripes…watch MetLife….watch and listen….777
6. Prison terms in 2015…2016…2017..China (et moi) are raging…..I speak for those who cannot.
7. Watch boise idaho….like an eagle. 777
Okay, for the record here’s my 2 cents! None of these media outlets like the major news stations is going to give a rat’s ass about fraud-closure. They are more concerned about the making the ratiings and fraud-closure is OLD news now. We have the ongoing problem with the Middle East, the airliner that disappeared, rampant shootings across the country….BUT, exposure is what we need. I have always held such esteem for MLK the way he was able to bring about his cause on the streets. Nowadays, the streets don’t offer much in the way of exposure but we now have the internet. If you really want to capture the media’s attention then put a fantastic video on UTUBE. Seriously! The woman that came into the store half naked and reaped havok had a million hits in less than a minute. Get yourselves together in a local area and begin filming. Tell your (horror) stories in short form – one at a time but do it graphically and with attention getters! One thing the news media monitors is UTUBE esp. when a video goes viral. No violence, just plain truth. Like you, David Franklin, as a Vet who fought for this country and put yourself in harms way to protect the citizens of this country. The American people are very compassionate about Vet stories. Just sayin’…
I agree !!
We also have the nucleus of a national group organization right here amongst ourselves !
I suggest you all read TWO BOOKS by James Rickards.
He took part in a Pentgon war game exercise on 2009 where the participants could not use actually existing physical weapons like bombs, missles and aircraft or satellites, but could only use” financial weapons” like stocks, bonds and derivatives to destroy the enemy.
He has written “Currency Wars” and “Death of Money: The Coming Collapse of the International Monetary System”.
Rickards played on the China team, and created a scenario where Russia and China combined forces, and used their gold stockpiles to issue a new, gold-backed currency, intended to get the world to stop using the dollar.
A real-life scenario, however Russia has become the world’s richest nation in terms of natural resources, having literally billions of pounds of diamonds discovered under a meteor crater. It doesn’t need China. China needs IT. They are working on it.
Meanwhile, watch the European Union this week, the final “official” session of the European Parliament They will pass major reforms where failing banks will be wound down without public money.
The EU is still fuming at the U.S. for fomenting the worst financial crisis since WWII. On top of THAT it turns out we have been listening to private conversations of virtually everyone in Europe as well as doing it to our own people.
The EU is fundamentally reshaping the banking and securities industry. The EU is stripping power from member countries (“States”) to avoid more taxpayer bailouts of banks and euro zone countries.
Eric Holder and Barak Obama may well go down in history as failed administrations.
The final solution to out banking problem may well come from overseas. While we have tolerated the major banks fraud, European countries are saying “never again.”
U.S. influence in the world is at an all-time low. Want proof ? The dollar is down over 38% just since 2002.
Our media has placated and distracted the American public, as have both political parties, neither of which seem at all concerned about the 99% of we-the-regular-peoples’ plight.
In our country, it is up to YOU and ME to spot, to document , and to DO SOMETHING about EVERY instance of wrongdoing we come across.
LET’S DO IT !
The banks own the media, the politician’s and the courts!!!
Once you understand that horrible reality, you will see the only
hope is to take it to the streets and explain our plight with picket signs!
The first sign is short but sweet…”the banks are stealing homes and the courts
are allowing them to do it”….”63 million homeowners are under attack by the banks”….”the
only people that don’t know about this attack ate still able to be making their mortgage”….
Short and sweet and in small towns in every State….
Anything is better than thinking the Courts will decide! The courts will not rule in your favor!!!
Maybe they need to go back and not let banks cross the state line. That’s where it started to get out of control. They need to keep banking in the community again so they know who to lend and not lend to. I read where banks control 60% of our economy and it used to be around 13. They need to be squashed. We the people should just rebel against them. We don’t need to drive expensive cars and live on credit. We all need to live in our means
Hammertime. What do u think will bring down the banks. They need to be regulated in what they can securitize and people’s homes should definitely be off the market
I think those that have abused our system within the banks need to be held accountable. It seems like Chase was able to stop some action by shareholders that see what’s going on. I think we gotta get back to fixing our property records system and along with regulation if banks are using our tax dollars and we’re their customers the interest of our communities and economy in terms of jobs and real wealth needs to come first. The tough part is that home financing became our economic engine with globalization and loss of industry. On the positive side there are some real possibilities if the banks weren’t driven by greed and they weren’t run like a casino.
The homeowner can be more effective than two lawyers going at it. The judges need to see how the homeowner is being mistreated by the bank. I too witnessed my ex attny aiding the banks attny though they would never admit it. I am learning the law on my own now the judges need to hear from us the homeowner and how they r mistreating us so maybe these judges will wake up and stand up. They did not get into those positions just by being elected.
The truth of the past 6-10 years and the BASICS of the law and our rights is what we have on our side. It may be a matter that those in the bubble still don’t see it or are true abusers versus those of us that have gone through it and then the other slice of the pie those that are on the outside looking in. If we just got a fraction of the millions that have been through this in one way or another we could pop that bubble.
Well my dad always told me to finish what I start and this is near and dear and my bubble aka the American dream has burst in the worst way and I am very hurt and now very mad. I spent a lifetime building excellent credit and working for my slice of the dream and to let someone I don’t even know ruin my reputation. That’s the problem today with all this technology the ones that are sticking it to u feel no guilt because they don’t have to face you. These thieves should be made to face the people whose homes they are stealing and have stole
Well put tom and they will go down. They have way to much power over our economy. I know and chase knows they have wrongly put me in foreclosure and they r going to pay for the damage they have done to me financially. I know there were a lot of people that got out too soon because the home values plummeted or they strategically defaulted, but as for us fighters and know they have severely wronged us need to see this fight all the way thru. I will be standing by to help anyone and everyone as I continue my own fight I want to become a paralegal by my own unfortunate event so I can try to help others
After I caught my lawyer making a false offer along with Chase a paralegal was like a god send to me. We can have an impact now and down the line.
There may be more Hope than YOU REALIZE. What is at stake here is whether the international monetary clique “Owners of the World” will keep what they have or be ousted.
Yes, they are amazingly powerful, but they are NOT invincible …. nor is their continued power assured. They may have done themselves in. By concentrating on consolidating themselves primarily inside six large divisions ( the big “too big to fail” banks ), they could easily go down as a group, which they clearly are – you see NO difference in how they operate because they are, in reality, one and the same. Being that, they are on very shakey ground. This IS an economic war, make no mistake about it.
The insiders are so scared, that they have destroyed our judicial system. Out of fear the group will implode, their desperation in completing foreclosures even though they are not being done correctly, being done without paperwork or proof, and being done in a way that destroys Americas economy and future – I can see they are in fact, making things WORSE for THEMSELVES.
Law is a sharp, but two-edged sword. It cuts us deeply, but has yet to swing the OTHER way and cut THEM AS deeply as well. If you make more and more laws and rules – EVERYBODY feels its bite.
The new Consumer Financial Protections Bureau probably holds the key to destroying the behemoth. IT can get this to Grand Juries and the World Court, and ultimately replace the system we have now with a much more stable, moral and just system. The rich folk have made their millions and billions, now it OUR turn.. They really DO owe US for what they have done TO us.
Should it have taken some 2,300 days for Wells Fargo to have changed the terms on my A.R.M., – of course not.
What then IS the solution. A new way of doing things. That’s what ALL of us have to work for, recruit others to join us, and replace the banking system with a system that has no room for insiders crime and racketeering.
That means MAJOR changes to our justice system, so that judges and attorneys who violate the law get to see the INSIDE of our prisons for violating that which they were sworn to uphold. Let their cellmates be the rich banking insiders to whom they have laundered the free money and real estate to. Will that happen if we let them continue to get away with this escalating injustice ? No.
Mass. has enacted one step in the right direction – unlike Florida who shields and enables the crimes, being in the pockets of the Cartel.
They have created quite a series of new hoops for banks, servicers and mortgage manipulators to jump through in order to foreclose on borrowers who aren’t making their payments – and are actually being PREVENTED from doing so by the addition of new charges.
Under the new law, those seeking to foreclose have to demonstrate to a court that they made “a good faith effort” to work with delinquent borrowers, that they took “reasonable steps” to avoid foreclosing, and considered whether the borrower could make lower, “affordable” monthly payments.
It also mandates they prove loan ownership of the rights to and under the Note and Mortgage and that they “hold” the documents legally….. and prior to taking foreclosure action.
It prohibits misrepresentation and imposing unfair costs and fees and makes charges for services not performed to be a crime.
About time.
Now, about OUR individual cases…who wants to “show and tell” with judges and gtry to set aside those forecloures that occurred wrongly. It means finding EVERY mistake the judge and attorneys have committed …and commit – and doing something about it.
If you show them YOU will not let them get away with a SINGLE error…. methinks they might just want to TALK WITH YOU about a resolution OTHER than foreclosure.
This forum is great, BUT it should not be where each of us STOP, it should be where we BEGIN our pro-activity on our own situations and actively support the rest of us on THEIRS. They ARE paying attention.
Tom
This applies today – Ephesians 12:6 says “For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places.”
We need to understand this isn’t just about our individual homes and wealth but our neighborhoods and our country’s wealth that is being taken from us through abuse and deception. Our nation’s soul is under attack and our Constitution and laws are being shredded. But it starts with us individually taking a stand for our homes and demanding fairness so we can recover our wealth while working together.
Agrees we have no front or mechanism
To come together as a force
As a disabled vet by the VA. I have bet orgs to help me fight
Chase and they could Care less about vet homeles
David
That’s where we all have common ground in being abused and treated as if we don’t matter. Only when it became publicized that veterans and seniors were being thrown out did they change their tune a bit and started making their commercials and politicians started acknowledging therr was a problem. If you’re being abused by Chase the settlements give you many of the rights and tools Tom is talking about in MA. Your story would have a strong impact. Hopefully this week will go smoother and we can talk about your situation.
AP would be best to break my story or even more blogs
Can’t get any interest
We have to make our own media which we are doing to a certain extent on here. Your efforts to try to get interest could be a story in itself and there are techniques we can use to help each other and others. At some point the truth will break through to the average Joe as it has to some extent. Either way I agree with Tom the writing’s on the wall for the too big to fails but we can’t let this be swept under the rug if they end up in their prison country clubs and it’s business as usual.
Agreed however chase agreed to stop with us ag eric holder
N paid 35 billion to settle
However congress your reps n senators gave chase 90 billion
Of your fed taxes in tarp money to pay that fine
We need to get on congress’s ass to stop tjid crap n to get them to
Get on obama n the fed n uscfpb paid by the fed
We will never have any wealth without our paid for homes
David
It would be nice even to have the blogs to break my story
Can’t get any interest
David
AP press would be best In my view
David chase has never stopped their predatory practices and have no intention of stopping until they finally get a lengthy sentence in a jail somewhere. Don’t ever forget what the good book says about being slave to the lender. You are bargaining with the devil
Chase is begonning a new wave of predatory lending and mortgage servicing
Practices by adding a hidden not disclosed 1 percent of intwrest
Per year on bear stearns mortgage loans and will take our
Interest rates to 12.37 percent in nine yrs
This is never disclosed interest in TILA DISCLOSURES
THESE R FOR ARM LOANS
,CHASE HAS CONFESSED IN WRITING TO ME ABOUT THIS
DAVID
Thank you Tom for helping my family spread the word about our struggles with Hanson you are a true American. Your efforts to help others are genuine and are to be applaude. You must have read my entire site to have made such an endorsement and you realise that my efforts to expose this admitted discrimination will help other American Injured workers in the future. US Bank has recently filed a NOD and that is another battle we must now face on top of trying to expose Hansons business practice. What next? If you would have your readers please read my website to see the court submitted evidence for themselfs which will verify my statements about my situation I would be very grateful! Keep up the good work Tom you are a light of hope in a sea of deception!
you all need to know about Richard Hamp Sr.
I received this from him if you haven’t read it:
I live in San Diego and the corruption is exactly how you have described it in your statements below. If you would pass my website on too others it would be much appreciated. Here is the link: http://www.myfight4justice.com which describes my struggles in the just-us system.
I am taking on two multi billion dollar foreign corporations who have defrauded Health Care providers (Doctors) here in America for the past Twenty Years (according to the document they used in my case) As it turns out their attorneys submitted a second job description, which no one has ever seen until it was discovered it in my case files that is! The proof which is actual court submitted documents is located on my website. This document is admittedly used “Sometimes” after an employee is injured and was used by the defense in the Wrongful Termination complaint I filed in 2008.
So far My Fight 4 Justice has gotten me an Appellate Court WIN in December 2012 who sees a problem with them using TWO different job descriptions for the same job position. The Superior Court judge,none the less, threw my case out once again so I am back in the Appellate Court presently for round two. I have sought justice for seven years and my fight is not over yet. MY Appellate Court victory can also be read on my website for those interested to see what justice actually looks like.
Tom is absolutely correct you must INVESTIGATE – DOCUMENT – FILE FILE FILE. and be patient. You MUST do a lot of investigation and if you do eventually their house of cards will fall. Remember FRAUD Succeeds when good people stand by and do NOTHING! Check out http://www.MyFight4Justice.com to view my evidence.. God Bless!!!
PS I was just informed today that a notice of Default was filed last Monday. Now my fight goes to a new front against Mort Backed Securities and US Bank. Who claims they have standing for a loan originally created by Countrywide then Downey Savings both defunct organizations..
Regarding Moonbeam* Brown (loving term we Californians called him during his first stint as Calif Govenator) being sued in California for diverting funds designated for foreclosure –
I have sued Pam Bondi for the same thing in Florida, along with the justices of our 17th Judicial District and District Court of Appeal to attempt to get an Order of Compliance to issue…. I also am suing a specific Judge who’s calendar I sat in on this past Thursday…she was staring at her computer screen while someones’ defense attorney was getting the plaintiffs attorney and witness to agree that the default they had alleged had actually been cured, when suddenly.the judge snapped out of her trance to say “JUDGMENT FOR PLAINTIFF”… I even went up to her and told her she had just made a mistake after everyone left the courtroom…she said she wasn’t going to discuss it.
I also just got the continuance of my April 23rd trial date moved to after September 1st with the Notice to the Court that my permanent modification should be in place by then, so looks like the foreclosure case filed against me in 2008 is over…… (nearly 2,300 unnecessary days too late)
_________________________________________
*PEACE OUT JERRY, just a bit of nostalgia… you’re a good dude…most of the time, sometimes – a true poly-tician howeva… I STILL love how you STILL look so concerned, you should bottle that look and sell it when you retire…again ( will you get double retirement ??? )…Tom
oh, and I think we’re going to have another Mountjoy case here in Florida
Tom, you would be better off spending your time finding solid legal reasons to win on your own foreclosure case rather than attempting to sue the AG pro se.
I believe I have seen your motions. You desperately need to focus on the proper presentation of strong legal argument based on admissible evidence, in your own case.
If you think you have a good case for suing the AG there are LOTS of lawyers who would take that on contingency, because fees in a class action of that nature could be well worth their time. As a pro se you cannot represent others, so you can’t file a class action.
Focus on your own foreclosure case. That’s where you energy should be directed. Find a good lawyer and find the funds to stand him or her up in court.
Heres what just happened to me, and YES – hackers are busy on this site. Within the past few hours I received ‘updates’ from ‘this site’ …but they were bogus. By clicking on a ‘reply’ button within your ‘2closurefraud’ email update, you’re DOWNLOADING malware that allows these people access to control your puter and access most of what you have on it.
Fortunately, everything over the web is tracable, even though these idiots use “masks” to hide their identies and locations. This is accomplished by using multiple servers in different parts of the world. It just it more work to reverse each one, and they figure you’ll give up. Theres not much I give up on !
If you notice funny things going on, open your task managers and take “print screen” of all the processes that are running. HINT – you see CPU usage on theirs typically.
THEN go to Internet Options and clear all cookies and temp files, after which you want to run your anti-spyware program probably 3 or 4 times, one after another.
Reboot. Then go look at task manager and what processes are missing and which still showing use when you’re idling…when your on idle they may NOT be, and they give themselves away. Once you find which process(es) are running, open them and find their IP address and check what other IP Addresses have been forwarded from.
With their IP address you have their provider AND THEIR PHYSICAL ADDRESS. Contact IC3 and you have them. File a complaint with IC3 AND Interpol and they are toast.
Sleep well tonight, your computer will be !!!
G’Night Friends !!
(this should clear up all your slow and unstable symptoms, too)
Hammertime
Astoria Federal/Fidelity ny fsb new attorney looking at the dates i was under federal court jurisdiction knowing these was no legal judgment already admitted its indemnify indemnify indemnify , heres a predicament w here the bank tried to straighten out the fraud and they were stuck with crooked judge Alice Schlesinger.
Sounds similar to a case I know of in San Diego. What you and Tom are describing and we’re all experiencing is the left hand not knowing what the right hand is doing while claiming to address the fraud etc. Homeowners and the American people would have accepted a fix to a certain degree but with the settlements corrupted and CONTINUING abuse and now another bubble and collapse on the horizon this can only be seen as a fix gone wrong or continuing fraud and corruption.
….. you can still straighten things out AFTERwards through negotiations with a plaintiff which often they are – usually they’re just looking for a way out – a judges misconduct can drag them into something they don’t want to be in. Post-judgment actions CAN be taken, I’d try to stip to modifying the courts action.
Remember to complain about bad judges !
Judicial Qualifications Commission
1110 Thomasville Road
Tallahassee, FL 32303
Phone (850) 488-1581
every state has one !
AND the Cordray folks at the CFPB are looking at bad judges, too. Contact them.
hammertime
all it took for judge alice schlesinger to rule against the US Constitution pursuant to Elliot v. Piersol was some money under the table and into her hand.
hammertime
there is definitely a second computer . I have had hacking problems on my house phone and my cell. My mobile provider worked endlessly on the issue and saw exactly how it was done. and one day watching my call history found they were forwarding my calls by quick switch and even go the phone number they were switching to. A number similar to my cell number but the number they switched to was located in Garden City , the home of Astoria Federal After they knew i had that number, they closed it and now use another number
I am going in a different direction to get them.for Astoria selling my two condos without owning them.
Mobile phone hacking is notorious for ease to do. If you have that evidence in a usable form that would be huge black eye for them I would think. Going to these lengths your case must be something beyond the normal. Sorry my memory banks are low with tracking every case I read about. I’m thinking of ways of how we can describe our cases and somehow address these various issues along with Tom’s court emphasis. It would be good to schedule a time for conference call. Evening Friday (CA) or over the weekend would work for me.
MARILYN, I HOPE YOU HAVE FILED CRIMINAL CHARGES and will be filing a civil suit……you might just get enough to pay OFF your mortgages ( or buy something better for cash !). The Justice Department attorneys will help decide which jurisdiction should investigate and which prosecute. Get them started immediately so they can tap and trace before the folks disappear, which they will. I’d talk to your local FBI office special agent on duty TOMORROW and talk with your providers security. LEO’s have to talk to your carrier ASAP.
Civilly,you must decide whether State or Federal court you want to hear it in BY JURY of course !!! and asking for huge exemplary and punies since your actual damages are probably nil or difficult to prove up.
Federal Court is a stickler for preciseness and don’t fool around, you get a trial date up front and its usually within about 9 months…discovery may take time, so as much as I think Fed might grant you a far bigger award, it might be too much pressure in too short of time, since you’re going to have to do a LOT of discovery and its all over the place.
I suggest you start interviewing attorneys NOW, in several different fields, but you want an EXPERIENCED TRIAL ATTY who has a great investigative team specializing in electronics and telecomm.
If I were you, I’d file and get a restraining order and subpoena all your telecomm records and depose everyone who has knowledge at the telecom, a judge should grant you a shortening of time to commence discovery under your circumstances I should hope. FIND OUT WHERE THE CALLS WERE TERMINATING and WHO HAS BEEN AT THAT ADDRESS. The FBI can have people at the address within 20 minutes once the warrant issues. This is better than TV !!!
thank you bobbi, I will hold tight 2 ur advice and the paperwork.
I see where Fannie and Freddie properties listed for sale take forever to close and when the properties are transferred to Fannie/Freddie to be sold in the open market, the title is recorded as not a warranty deed but abbreviated as ct and the contents say that no one in a certain amt of time(can’t remember how long) but says that the title has not been contested in the court and the property is sold from there. When I refinanced I paid for title insurance but never got a new policy. I still have original title policy and warranty deed from when I first purchased my house
@ Lms53 – CT stands for Certificate of Title and that is standard in a foreclosure sale when acquired via sheriff’s sale. It is because the title is being issued by the Courts and they cannot warrant title since it is being done via the court system. There is a redemption period which is stated in your mortgage document so the Court will not issue a CT until that period has expired. Also, when you refinance you only get an ‘endorsement’ to the original policy, not a new policy. The endorsement will amend the original title policy depending on whether you increased the mortgage amount or decreased it. Hold on to that endorsement with your original policy. It’s much the same as when you modify your car insurance policy when you add or delete autos or persons authorized to drive them. Recorded deeds are ALWAYS returned to the owner and should be kept in safekeeping.
bobbi , I went thru my titlepolicy & no endorsement when I refied. obviously another doc they can forge if necessary. in fact I have all my refi paperwork and received nothing back recorded or any other papers when I refied with chase in 06
@Lms53- if you don’t have the endorsement, then check your HUD closing statement to see who the settlement agent was. Most typically it will be a title company or an attorneys office. Call them and ask them for the endorsement. Their file number should be on the closing statement for reference.
Bobbi Swann
When I look at my history every couple items on the list says
-“what is my ip address. i am not the one asking the computer this?
bobbi swann
thnanks
I already went into my user accounts . Just me No guests.
Michael
Judge Louis L Stanton was my judge in Federal Court Southern District who understood the US Constitution when he removed my case and issued his first orders and when the Bank objected changed his opinion and said
‘ creation of money is not a Federal Issue ” huh.
Just wondering if thegrey55 is still around on this site?
I don’t have any cameras on my computer because I do believe they cal look back at u. Nor would I have a “smart” tv either
lms53
We are not alone. The banks and courts are feeling what we do
As Churchill said never never never give up
lms53
read this from ProPublica of what money can do.
What Newly Released Docs Tell Us About the IRS and How It Handles Dark Money Groups
by Kim Barker and Theodoric Meyer
Here are five takeaways ProPublica found from the documents released Wednesday by a House committee.
Dark Money …
lms53
any bank with all their money can hank into anything they want. Don’t fool yourself.
But we have to keep fighting.
I do not doubt that, however I did get an email notice yesterday that one group of attnys are withdrawing from my case. So now the original foreclosure mill attorneys will step back in with their shenanigans. They too have my email address. The entire broward cty circuit court has my email. I don’t bank online so if they r looking to see how much money they can get they will have to resort to some of their other illegal ways
lms53
I can’t do this on these sites but most everthing else ii do nose to nose.
lms53
I do not voluntarily share data on my computer. i don’t do banking etc on my computer.
A few years back i bought a camera and contented it to my computer to watch my dog and my apt
I would go out everything was set up and working. i did trial runs and returned in a few minutes everything was shut off.
the camera manufacturer interested in this issue, set it up for me and the same thing happened.
Marilyn. Make sure that u cannot share data, photos, etc you have to go into your setup to verify and u can make sure that there are no other users. Also your ISP can see if there r other users logged into your up address
Lms5
That is exactly the issue. as administrator i want one one user,me I do not share my computer.
Marilyn don’t worry about that. That is meant if there is more than one user on the same computer
So wrong. That’s dual tracking and illegal. Entire case should have been dismissed and for defendant. This was part of the big payout last year. What’s wrong with the attny
Defendant got ripped off
Hammertime
what is your input into my switch user problem?
Bobbi Swann what is you input into my switch user problem.?
Marilyn – what is your OES (operating system)? It sounds as if you have a windows vista, is that true? If so, you need to click on ‘start’, then click on ‘control panel’; then click on ‘user accounts’. There you can make sure that you are the only user. If there are more than one, you need to delete one. This should be the same procedure for any OES except MAC and I have no knowledge about MAC systems.
I’m on Windows XP (old) just got a laptop with Win 8. On XP you have the default administrator and guest I believe as default depending on who set you up. On XP I have set up various users for different purposes. You don’t want to delete the Administrator if it’s even possible. I have an internet user login with little or no permissions to modify files or add software. It may be compared to Mac to may be less secure as Bobbi is saying. Computers, hard drives, thumb drives are dirt cheap compared to the old days. Saw a commercial yesterday for Win 8 tablet where the store owner not real techy looking is basically saying the same thing, keep important data separate access to internet when necessary and take precautionary steps. I’ve been using Digital Divide which has a free trial that’s worked pretty well. My worst case was when Windows automatically updated and conflicted with previous anti virus software. And there have been times at critical sales or other actions that my system seems to have been under attack. But every time I’ve had enough backups etc to get me through and keep going. When you add a user you will be given options to set them as administrator, possibly power user or guest type or minimal user.
Tom
Many times when i come to my computer, there is a little square in the middle of the screen that says “Marilyn Lane
locked out’ below it says switch user. Who am i switching with if i am the only one on my Computer?
See other posts. This could mean anything from you may be logged in somehow as in after a crash or there could be serious corruption of Windows. If you’re functional should be minor. In Win XP you had the option to reboot to a previous working version, called a restore point. You may also get there through control panel.When your system is stable you want to set a restore point or at least keep in mind a date when your system was stable.
That’s a computer setting( internal) issue….someone tried logging into your puter and after several failed tries,it locked “you” out to protect the integrity of your stored files and
programs. Simply reset it.
I just had MY puter hackted…downloaded malware via a bgus “update” from THIS SITE!!
They must really be scared. HI GUYS, you know I know how to reverse search you out, don’t you
I am aware that all it takes for some judges to grant a judgment is to waive thev original mortgage and the words “THEY HAVEN’T PAID” and its “JUDGMENT FOR PLANTIFF”
Today I sat in on a case that was contested, the defense attorney got the banks rep to admit they had accepted payments after they filed their action and admit the case was wrongfully brought to trial but the judge said JUDGMENT FOR PLAINTIFF before anymore words could come out of anybody. SHE HAD BEEN GLUED TO HER COMPUTER THE ENTIRE TIME AND YAWNING, HADN’T HEARD A SINGLE WORD, and after everyone left I approached the podium and told her I could not believe what she had just done and she had made a terrible mistake and she told me she would not discuss the matter with me. There was another witness, plus the defendant and her – very bright – attorney.
I am filing a complaint with the Judicial Qualifications folk and motioning for an immediate restraining order preventing this judge from hearing any more foreclosure cases.
Folks, these are powerful people. We talking about it accomplishes NOTHING.
I AM aware that other counties are following suit. Besides destroying our economy and standard of living and future for ourselves and our kids…THIS IS DESTROYING OUR JUDICIAL SYSTEM !!!
PLEASE join with me & pitch in time and effort doing PRO-ACTIVE THINGS T O G E T H E R …
please e me at reachth@yahoo.com or call me at 954 882-0009
I would say unbelievable but it’s not at this point. Our main weapon is public opinion and the fear of bad publicity and it seems the time is now or never. I’ll follow up tomorrow or over the weekend as I try to catch up.
Those in non judicial foreclosure states might be interested. Seems there are some making progress in Washington State, getting to a jury trial. http://stafnetrumbull.com/jury-decide-case-northwest-trustee-services/
The attorney in this case has also been working on several different cases, one other that seems of some importance would be dealing with whether or not non-judicial foreclosure is constitutional or not. Also, seems as if he is on a mission to make the trustees responsible for their bad behavior.
In this world we are living in it takes money to do most anything. That Lisa and Michael liened on Carol Asbury and Lynn should not be held against them.
I think they were as surprised as us how those connections turned out.
I believe u Marilyn, we r not crazy like bobbi swann thinks. look at the new bleedingheart and no one even suspected
hammertime
Several techs from my cable provided told me that on different occasions. If you have enough money to spend it is not difficult to have a second computer using ones ip adress that can control and interfere with the privacy of ones computer no matter how much security you have. Banks in particular employ hackers to protect their own information and these techs are very knowledgeable and know how to get around all the tricks of the trade.
Don’t tell that to Bobbi swann and yes any house that Fannie Mae or Freddie has infected has clouded title but of course they will squash that in the fort if they can get away with it
Just like clockwork…the heartbleeder bug is out there run for the hills!…and buy Big Company security software!
When I would complain to bondi’s website I would not even get acknowledged pretty much the same way Chase is treating me now. They will not even speak to me on the phone because of “pending litigation” they claim
It’s better to take it if it is affordable for you and argue the rest in good time. If you do owe the amt they r saying better to pay than not. It will give you peace of mind
How will he have peace of mind if he agrees and the title is all screwed up?
@ hammertime – my sentiments exactly! What good is a paid off mortgage (if we ever live long enough to do so) when the title is ‘clouded’ and the chain of title is broken? Conveyance is nearly impossible which would impede any sales of the property or even additional financing in the future. This is what most people don’t understand about title problems. All these people who got modifications are living a lie! Yes, they got to stay in their house as long as they were paying but the minute they try to refinance or sell that’s when the shit hits the fan! And where or what are the ramifications for this clouded title at that point? NONE. All the rights of the borrower were relinquished at the signing of the modification. Don’t people understand that the push for modifications is NOT in the interest of the borrower, but for the bank. It allows the bank to stay off title as in foreclosure and keeps the risk to the borrower FOREVER. Why do you all think the banks don’t want to take title on all these “zombie” properties sitting around the country? Because if they do, they also take on all the title issues and become liable for the broken chain of title. For God’s sake, chain of title is the base of land transfers. I now have title companies that will not insure title beyond the present buyer. Why is that do you think? Liability maybe? Quite so. So, live it up for those of you with modifications because you just transferred the liability from the bank to yourself. (besides the fact that you have modified a mortgage that was never perfected in the first place).
One of the basic truths in all this people have a hard time wrapping their minds around. No disrespect intended; it’s the mindset we’ve all been pressured to accept. But it’s very basic. Why do we fight tooth and nail over a dmv bill or an IRS receipt but we accept that our mortgage and title is no big deal! I almost fell for it myself when I was told there was a reconveyance done and there weren’t any other creditors pursuing payment so no problem! Black’s dictionary I believe defined a reconveyance as having requirements such as an actual payoff and delivery of the paid off note. I never received the paid off Note when I requested it since before the first payment and before I knew a thing about securitization. 6 years later Chase admits by right they need to provide a paid off note and the homeowner bill of rights now require that recorded documents require reliable evidence; even if a watered down chain of title. Still, like Tom is seeing, the lawyers, agencies, courts are still saying it’s just about the payment. If people give in now with these tools it would be a shame.
Well, I have officially sued judges of Broward, 4th District Court of Appeal, our State legislators and Pam Bondi – now to do depo’s and try for injunctive relief in the form of CHANGES. These people owe us a duty, and they have breached that – let’s see if we can get action.
I will post my Complaint on casediscussions.org
anyone want to do conference calls, and have ideas on my suit, let me know at reachth@yahoo.com
yes Tricia
i read that last night.
What is happening now?
It is not paranoia with me my computer with all security completely freezes and sometimes when I start to type the page moves all over the computer.
Astoria hackers get around this by having a second computer set up on Astoria property. It is not only my computer but my house phone and cell phone that they are hacked into,
you need o run some security scans and talk with tech support
Tom
I did and they told me a sign of hacking is when the page moves all over the computer it is hacked
@ marilyn. that doesn’t sound right. Page moving could mean alot of things such as bad video. Which tech support did you call? I would suggest you get to a stable point by backing up your data and wiping out your system and start fresh. When you’re on the internet try to use a separate system or different login from your important data and log in with low permissions.
I haven’t seen any updates on the case but will keep eyes open.
I had a suspicious? experience with Szymoniak’s site. I had contacted her site which was initially to be about helping homeowners I recall and the next day from what I remember the story came out that they had unsealed the case files and the homeowner was filing against her. I described possible false claims in my case and in February she was part of the False Claims case against Chase it looks like, very strange, coincidental?
when was the article about Lynn posted.?
I posted a link to it yesterday but the article was dated from last Oct. I can re-post the link to the article if you want.
http://www.huffingtonpost.com/richard-zombeck/lynn-szymoniak_b_4033877.html
Also read that she has started another lawsuit…sometime earlier this year
http://www.nationalmortgagenews.com/features/Banks-Mortgage-Companies-Defrauded-HUD-Veteran-Whistleblower-Says-1041017-1.html
Tom
I typed in a site called” Similar Sites” to foreclosure fraud and found there is a lot of competition
among them. Among them Lisa, Michael, Neil, Matt and even dinsfla the one I think who is suing Lynn.(is dinsfla and damian figueroa the same person?)
So you and everyone has to keep going straight and doing the right thing. I noticed a lot of the people bad mouthing Lisa or Michael or any of them are their competitors.
Fight on.
Maryilyn Lane, were you able to read the article I posted about Lynn? I hope it was helpful because it seems a lot of people were wondering what happened to her.
Seems someone doesn’t want me posting here…I upload only to get “Your comment is awaiting moderation.”
Please stay in touch with me through my email as well…. reachth@yahoo.com
ok, so now ur hiding behind the fannie/Freddie façade, still not too reassuring. come all the way clean bobbie.
@Bobbi Swann
I am Marilyn Lane the artist from till New York City also known as Helyn Mann of the Washington Sq. Outdoor Art show for over forty years, and that was till Astoria Federal/Fidelity NY FSB fraudulently auctioned off my two nyc Condos with Void Ab initio judgments to straw buyers one
Cheetah Realty and one Fang Li that started flipping them
.Cheetah flipped to a Ileene Marchena who doubled the price and flipped to her brother Antonis Marchena title insured by none other than the infamous Fidelity National Title
Fang Li with her fraudulent Title flipped to Frances B Turner who could not obtain Title insurance by her attorney so her attorney David K Fiveson made up the sham name of Coronet Title.
Had i had an honest judge this whole fraud would have stopped then but I had judge Alice Schlesinger od NYSC who would rather take a bribe
dont kno Marilynn, she/he went off on me about the computer too. I guess we should stay on track of why we are all here in the 1st place, but its getting very frustrating trying to communicate here when it acts up for whatever reason
Amen and the fight continues
Does this Bobbi Swann have any connection to Bobbi Swann the Real Estate mortgage Broker or Bank Loan officer from Clearwater Florida.?
Marilyn Lane and anybody else that wants confirmation: Yes, I am the Bobbi Swann that is a Licensed Mortgage Loan Officer. I do NOT work at or for a bank. I am my own boss and I work for myself. I am licensed in the State of Florida and through the NMLS which is the National Mortgage Licensing Sytstem. And for the record I choose NOT to do business with certain entities such as Wells Fargo, Bank of America, Chase, Suntrust and a few others that were involved in the mortgage fraud settlement. I do strictly Fannie/Freddie or FHA/VA guideline mortgages and I have NEVER done the ‘goofy’ mortgage programs from the last 7-8 years. I also do commercial real estate financing as well with my background as a commerical loan officer and property management for the RTC when it was in existance. I might also add that I have been in this business for over 40 years. I also assist others in preparing materials and documents for foreclosure fighting in the courts against the Plaintiffs. I attend hearings for those in foreclosure representing themselves Pro Se as the defendants and I spend a great deal of time at the law library. So now you know…..is there anything else you want to ask me? I don’t hide behind some internet name. So are you the Marilyn Lane that is the state rep for Michigan or are you the interior decorator from Sarasota, Florida?
Oh My God! Some of you are allowing paranoia to overtake sensible and reasoning. This site is not taken over by the banksters; nor was it started by the banksters. The site may be monitored by some of the lenders but highly doubtful that they can overtake your own computer or manipulate your own PC, laptop or whatever. The internet, as a whole, is becoming overloaded and you would know that if you ever watch some of the discovery channel or the other informative channels. I’ve said this before, but if you have more than one program on your computer for scanning antimalware you are creating a conflict that can actually do more harm than good from our own source. We all know that some of the bankstas are within these sites and if you use good common sense you can pick them out. Some that have commented here I know are just that and I don’t pay much attention to their comments. For example: we all need to pay our mortgages and paying them what we owe is the correct thing to do. This line of reasoning is only coming from a banksta…..You all need to be vigilant in disecting what is good and what is evil. Most of you are over-reacting to stimuli that is just false information.
With all due respect Bobbi Swann…..the internet can be manipulated, hacked, infected and following every single step we take and every key we hit on our keyboards! I even get “audio” for quick moments with voices???
HELLO!
So, who knows who is looking at “US” at any one time…maybe even looking at your face right this very moment as you are reading this!!!
We, under attack by the illegally operated BANKS, are fighting back and sharing our horror stories with each other on these site’s because the BANKS own the Courts…the Media and the entire corrupt Government so we fight this battle under the radar and share our united knowledge! I just totally disagree with what Bobbi wrote…WE ARE UNDER ATTACK and FIGHTING BACK and “they” are watching us react to being under attack! Just sayin:-)
Those recordings that you are hearing is because you have not set your computer correctly for allowing ‘ads’ to come in! You can stop those. I would suggest you get some help from a reliable computer programmer because if those ads are coming in you are allowing all types of malware in as well. Your computer is like a door to a room (the room being the internet) and if you don’t put up filters in front of that door you are subjecting yourself to vast evildoers! Oh and by the way, if you have built in webcam on your computer you need to disable it otherwise you are allowing others to view you. Webcams are the ‘eyes’ of those hackers so close it. You mean to tell me that there are no computer guru’s on this website who can validate what I have just said????
The least you can do ldynps is verify what I say instead of shooting back that you disagree within a few minutes…..I simply ignore and delete the rantings of nonsense when I see them.
Completely agree. I may have contributed to the paranoia jokingly as I had the missing keys phenomenon. Mostly an issue of performance. At this point the cat’s out of the bag what are they to gain from “spying” on these sites. The sky is falling brain washing of past 30 years seems to have hit here.
@ hammertime – good to know that there’s still some out there with a brain (that functions in reality). I, too, am wondering why there’s not been very many postings by this site as there used to be. However, I will take the road that maybe, just maybe, they have jobs and lives to live now that the years have past and time spent on this site has somewhat been more of a heavier load. I did read that their sponsor ended up in jail since the site opened so it may be a financial burden as well. People forget that there is a cost to keeping up a website and we should all remember that nothing in life is free! Cheers!
agree Marilyn, time does reveal the truth
Tom .
I was able to reset my password last nite.
When I first discovered Foreclosure Hamlet I had experienced the fraud
going on at Fidelity National Title and Lisa was onto the fraud of another title company.
I feel kinship for Lisa and would have loved if she had become Count y Clerk and think
is would be great for all of the people in Florida.
Honesty has a lot of enemy’s especially when they can be anonymous on the internet.
lms53 says:
April 7, 2014 at 9:52 AM
tom, how do we know that it wasn’t the banksters tht started this site so they could have 1 up on the consumers whose home they r tryn to steal
Reply ims53
marilyn lane says:
April 7, 2014 at 12:37 PM
Their are a lot of banksters as plants on these foreclosure sites. If you go back far enough with Michael and Lisa you see how they got into this foreclosure fight. That the crooks are threatening michael, and lisa with who they might have depended on getting our cases heard shows we are making progress in our fight. Most of our lives we believed in the banks. and the courts and now many have woken up. When i was forced to start my fight seventeen years ago , no one believed me that banks were corrupt, no one believed me judges were corrupt what a difference time makes.
Even the bank Astoria Federal/Fidelity NY FSB who original attorneys were nothing but corrupt debt collector attorneys MJRF were gotten rid of and the bank now has decent attorneys OReilly, Marsh and Cortesselli admitted they didn’t own my two properties when the corrupt court ref Penny Stark . auctioned them off and stated in front of judge Schlesinger its indemnify indemnify indemnify and the Title companies are stepping in. Did the bank back then know how corrupt the title companies were ? They sure found out and yet the banks attorneys didn’t open up their mouths…..they sure didn’t like me cause i had to go the fight alone and i think i had input into Astoria losing $436 million in a Goodwill case from the Government.
Unless the banks admit they .have to make amends for all these people losing their homes and do the right thing it is going to get worse for them. Fining them and making settlements isn’t helping the people who lost their homes and suffered
Mike Redman and Carol Asbury were the hardworking pioneers who made
4closurefraud a wonderful source of up to date information in the early going. The banksters neither started it nor liked it. It certainly doesn’t have the oomph it once did and has become very commercial, and half my posts don’t get posted, but anyone who is making it possible to communicate and share knowledge gets my respect !
tom, juss tried to go 2 ur website and took me somewhere else. what is the website:?
is it a good modification? tom
5% fixed, lots of conditions….. payments about 20% a month more than my actual scheduled payment – it’s good if I still owe money, but if my loan was actually settled and satisfied and there IS no balance remaining, then no
tom, how do we know that it wasn’t the banksters tht started this site so they could have 1 up on the consumers whose home they r tryn to steal
ims53
Their are a lot of banksters as plants on these foreclosure sites. If you go back far enough with Michael and Lisa you see how they got into this foreclosure fight. That the crooks are threatening michael, and lisa with who they might have depended on in getting our cases heard shows we are making progress in our fight. Most of our lives we believed in the banks. and the courts and now many have woken up. When i was forced to start my fight seventeen years ago , no one believed me that banks were corrupt, no one believed me judges were corrupt what a difference time makes.
attorneys
Even the bank Astoria Federal/Fidelity NY FSB who original attorneys were nothing but corrupt debt collector attorneys MJRF were gotten rid of and the bank now has decent attorneys OReilly, Marsh and Cortesselli admitted they didn’t own my two properties when the corrupt court ref Penny Stark . auctioned them off and stated in front of judge Schlesinger its indemnify indemnify indemnify and the Title companies are stepping in. Did the bank back then know how corrupt the title companies were ? They sure found out and yet the banks attorneys didn’t open up their mouths…..they sure didn’t like me cause i had to go the fight alone and i think i had input into Astoria losing $436 million in a Goodwill case from the Government.
Unless the banks admit we have to make amends for all these people losing their homes and do the right thing it is going to get worse for them.
IMMEDIATELY AFTER (one and a half days) I put up the website http://www.closewellsfargo.com I got a call that a loan modification was approved for me and it would be overnighted to me…that was on Friday. SATURDAY MORNING around 10am there was a knock on the door and a FedEx delivered the modification contract to me.
tom, iwas looking for the florida bill you mentioned, but no mention of it anywhere, where can I read about it and yes Marilyn, not surprised. there is definitely something up wit 4closurefraud.com
It was introduced by Soto..just go to the Florida Senate site and enter Judiciary Committee and you will find it…SB 0126, or call his office and they’ll be glad to send it to you and tell you how you can track it . It should be easy to find…its the only bill Florida is even considering this year sadly so far, and there’s only a few more weeks in the session.
Can anyone tell me why some of my posts get posted on here and others require approval first ?
I am being blocked from resetting my password on Foreclosure Hamlet. Something going on.
Have the people that started these sites disappeared ? I get no responses from them and the same from Lynn Syzmoniac…where has everyone gone
Hamlet was down for a bit
I don’t know if you will get much of a response from Lynn Syzmoniac..she is in a bit of legal trouble herself for taking information a supposed client gave her and starting her original law suit. Read an article about it not that long ago…I will see if I still have the link.
http://www.huffingtonpost.com/richard-zombeck/lynn-szymoniak_b_4033877.html
Also read that she has started another lawsuit…sometime earlier this year
http://www.nationalmortgagenews.com/features/Banks-Mortgage-Companies-Defrauded-HUD-Veteran-Whistleblower-Says-1041017-1.html
Well this is very interesting….very interesting….and of course highly illegal
I pride myself on carefully planting the information I want people to have, so it’s not too difficult for them. HI HOMELAND SECURITY !!! They have taken over a lot of the classic entities to free them for other things…like eventually putting the banksters in prison for awhile !!!
Fortunately, I grew up in the age of communist cell groups and learned how they operate, , as well as our own intelligence agencies, , …info coming in from LOTS of sources and the sources checking on each other. I’ll be glad to tell you how this all works but it would be best to have our OWN at this point, because we are owed a ton of money if they ARE spying on us.
I’m proud to say Wells Fargo just dedicated two servers and a few people to monitor the web because of my activities, and others since I am FAR from being alone…they finally caught on they are vulnerable at this point and are getting a little paranoid.
But the last thing we want is for anyone to think WE’RE paranoid. I highly doubt they are monitoring our telephone calls and emails, but just to make sure they AREN’T, lets just check it out. We can either rest comfortably, or file a hellacious civil suit and collect some nice financial rewards from them…who’s in.
* The banksters are already figuring they are going to pay out about a half years income from all this btw..Those are THEIR own figures…I bet they’d like to know where I came up with THEIR inside information. I LOVE INFORMATION, don’t YOU ??
I guess when I put up http://www.closewellsfargo.com they figured they should pay more attention to what the people in this country and the world are doing and thinking.
The World Court COULD put the International Banking Cartel out of business. We just have to worry that both political parties don’t put up two insiders in 2016 – what is currently planned is Jeb Bush vs Hillary, and Jeb wins. They should be more careful about who they let into their meetings.
…………………….
“BANK TECHNOLOGY NEWS
by Mary Wisniewski MAR 27, 2014 3:52pm ET
…………….Wells Fargo has set up a command center to better monitor social media sites. The nation’s fourth-largest bank recently set up a war room in San Francisco — and a backup location in Charlotte — where employees sit side by side to watch eight large screens that display Tweets, Facebook posts and other social media content published about the brand. Its two command centers are staffed five days a week, 12 hours a day while the bank also deploys tools that moderate mentions of its name around the clock. “
http://www.4closurefraud.com and http://www.closewellsfargo.com are among them. Wave HI !
Does anyone know the story of Foreclosure Hamlet ??
I would be with you tom, I just don’t know with so many higher ups involved in the corruption if we alone are enough to expose the truth and it is all about the money. until we get a new govt (and then you don’t know) they are all patting each others backs. all the immigrants that came here to escape the suppression in their countries really don’t find it that different here. They despise obuma
Attack but don’t work together? hmm
The proposed law would not prohibit foreclosures, just penalize anyone using fraudulent documents.
Right now, Florida courts are making special exceptions to the rules governing due process and evidence for the banksters. They are aiding and abetting criminal conduct. In doing so, they are violating your constitutional rights. Pam Bondi has also violated the duties imposed on her, aiding the banksters that pay her to do so through campaign contributions.
David J. Stern should be facing criminal charges and standing trial…by we citizens. He is not.
I am suing the 17th Judicial District in Florida and Florida’s 4th District Court of Appeal, seeking Declaratory and injunctive relief, while I am working with legislators, journalists, and law enforcement, trying to get cases to the Grand Jury to try to remove some of the law breakers and criminally prosecute the worst offenders. Pam Bondi is one of my defendants.
I suggest everyone do the same.
Also, that everyone read
http://floridaforeclosurefraud.com/2013/09/the-mandate-from-tallahassee-ease-up-on-banks-or-crack-the-whip/
I WILL NOT BE SURPRISED IF ALL THIS WINDS UP IN THE WORLD COURT. It is possible the United States will face sanctions, and unfortunately they are deserved. The Obama administration is complicit BIG TIME. If you knew the background of Timothy Geithner and Eric Holder, you would throw up. UP TO THEIR EYEBALLS. PAID LACKEYS. They need to be removed or correct their own wrongdoing. You know who can do it ??? ALAN GREENSPAN
And let there be NO confusion…it was BILL CLINTON who allowed…and recommended…the big
banks ‘be allowed to do WHATEVER they want.’ He put ethanol in your gas and mercury in your light bulbs. He has become one of the richest men ( and having one of the richest wives ) in the U.S. cutting deals. What do you expect from a country that carries suitcases of cash into countries to buy friendships and get favors. IT’S ALL ABOUT MONEY.
……and what is WARREN BUFFETT doing hanging out with the likes of the “Wells Fargo Boys.”
He could single handedly shut this operation down himself. IF he wants to know how, he just has to call me. I could turn this … and our economy…AROUND IN A HEARTBEAT.
America has a Secret Weapon. Its the good-heartedness, motivation and determination of its people. Some of the most talented in these areas are our most recent immigrants.
STOP all foreclosures right now. People pay what they can, and if they can’t afford interest only at 2% on the balance, they put the property on the market for six months and sell it at MARKET PRICES…NO deficiencies, or deed it back.
Put the homeless in charge of cleaning up and cheery-ing all already foreclosed homes and properties.
Everyone gets 2% loans to improve their homes and businesses up to ten percent of their TAXABLE income for 2013.
New business startups pay NO taxes or fees for the first three years. NONE
<bDONE DEAL
There have been some great ideas that show with just a fraction of the $15 TRILLION the banks were allowed to benefit from taxpayer money, homeowners and our economy could have been saved and still can be. Instead, they try to be tough and bully the little guy, veterans and grandma and grandpa and want to moralize about austerity and only letting “responsible” homeowners benefit.
What you propose would be real capitalism at work but the average American is being hoodwinked into allowing socialism for the elites as we get robbed blind.
I would just add you have to go back to Reagan and the Bush/Clinton dynasties of the past 35 years that we can’t allow to keep going. Things went on steroids with the Iraq War and Foreclosure Phil Gramm and his wife sneaking in the casino of derivatives etc. I read somewhere that Wall St profited over $40 TRILLION. Don’t know if that’s right but if loans are being fabricated or re-sold over and over again it just may be true. I’m very split on the President. If it weren’t for him we wouldn’t have had the robosigning scandal come out like it did. I actually wrote the White House web site and actually got a response some movement.
It’s either there’s too much money in the system or he probably needs to hear more from us and the American people need to get their heads out of the sand. I thought there was hope he could break the Clinton/Bush mold. Maybe after the health care focus and if these war crises settle down he can get turned around.
warren buf fet is cashing in on the real estate deals now. bershire Hathaway has gone into the real estate business. he is nothing but a opportunist cashing in on other peoples losses. watch the market now. the new trend is bundling up rental securities and selling them. this crap will never stop, the rich get richer cashing in on the losses of people believing in the American drempt!!! that old fart should be ashamed
Great idea to hold politicians accountable – http://www.real-time-with-bill-maher-blog.com/index/2014/1/31/test
the modification I received was definitely fraudulent. I have been under duress ever since . I thought we had a mutual agreement back in 2010. this is what the class action is about. if I don’t get justice with that, I have plan b ready to go. I am not going down with a foreclosure on my record. Where can we read about that bill introduced tom, . that would not allow the servicers to foreclose right?? even though they are one in the same. they need to expose “fannie mae and Freddie mac”
A landmark day !!!
2,287 days after my last payment supposedly came due, I am told verbally I should receive the actual paperwork and terms tomorrow, Saturday. FUNNY HOW THIS COMES TWO DAYS AFTER I PUT UP A NEW WEBSITE… http://www.closewellsfargo.com
lms53, I am VERY aware of the tricks these institutions (ALL of them because they are in reality one and the same entity, whom I refer to as the International Banking Cartel ( I also coined the term “Redlining” back in 1968 ), and THANK YOU FOR REMINDING ALL OF US THIS PARTICULAR ONE. The Banksters use every device they can think of to get you to re-confirm and re-admit the debt AND the balance and collect interest upon interest.
Fortunately, I have been taught by some of the best – THE BANKSTERS LAWYERS – on how to recognize and use the law.
They use these ‘trial’ modifications to keep you IN foreclosure, COLLECT MORE MONEY FROM YOU WHILE KEEPING YOU IN FORECLOSURE, and for you to CREATE NEW DEBT !!! Did it with the help of their lackeys in government.
Unfortunately for them, a contract where parties do not have bargaining power is called a contract of adhesion…its unenforceable, check with your attorney. ALSO this type of mod is done UNDER DURESS. Unenforceable. What you WANT is a permanent novation of your mortgage.
I’m keeping them IN litigation, in fact I have dramatically expanded it. Yesterday I discovered that HSBC as Trustee can NOT FORECLOSE ON ANYTHING…they don’t exist. HSBC sold off their Trustee activities a long time ago to Alliance Bank. All these foreclosures should be set aside.
I want all of you to work with me to get things done. Thanks to a consumer-friendly state senator ( one of VERY few in Florida ), SB126 has been introduced, and may even become effective on July 1, 2014 if everything goes right.
The “Florida Mortgage Collection Fairness Act” will SPECIFICALLY prohibit a mortgage collection firm from offering false evidence in a residential mortgage foreclosure proceeding and provide that a violation is a Deceptive and Unfair Trade Practice, providing penalties and remedies including attorney fees and costs, etc.
It was introduced on 3/4/2014 and is in the Florida Senate Judiciary Committee.
Everyone needs to CALL AND WRITE every Committee member, and EVERY Fla Senator and State House member of Fla and demand they pass this bill and do it as an emergency measure – it will prevent false things from being introduced on PENDING cases as well.
Rollin, rollin, rollin….
Great info Tom! It seems the lesson is you can negotiate for a mod while reserving your rights. Goes back to making sure you understand what you’re signing off on and don’t ignore your titles issues etc. People that don’t have a homeowner bill of rights should be bombarding their reps no matter what party.
thats good about a modification for you tom, I hope it is a fair resolution, unlike mine. they like to add on the end and defer the back end amount and when you sign the modification, the deferred amount term changes to principal so beware. I had a small victory in court this morning. Ill take it! also hammertime, watch those computer keys because I noticed on the court order this morning that they do have my email address as contact information so if any of the attnys have your email who know if we are being monitored. everytime I am here, I have problems with my keys.
Good to hear. It seems things get screwy when I’m on Windows although yesterday didn’t seem to be the usual drag. Maybe I’ll send the webmaster on here a note. To track specific individuals has to be a violation of our rights.
This world can be made a lot better if EVERY instance of wrongdoing is documented and brought before people who can right it, and do it quickly. Courts should be places you can just walk in and say “I have a problem” and they say “Let’s see what we can do about it, and cell the other party.” That’s what mothers do when their child has a problem as a toddler…but NOOOOO as adults we have to create a WHOLE INDUSTRY, called the “JUSTICE” system that enriches the CONTROLLERS of the” Justice” system we call “lawyers” HAVOC FOR EVERYONE, and RICHES for THEM and their friends they act to launder money to – and that’s exactly what The Supremes have done…..make it even MORE OK to launder even MORE money. YIKES
I am in the process of putting together a Case Discussion Network, where we can all do phone and/or video conference calls on a ongoing basis and educate and arm ourselves and others.
I’ll give you the website over the weekend.
Regarding MY case, the wrongdoing just gets WORSE and WORSE…I had a hearing set for Monday the 7th, and it’s JUST DISAPPEARED..gone, zilch, nada. Trial still shows set for April 23rd -, however I was JUST notified that Wells Fargo has just approved my modification, so maybe the foreclosure case against me will soon be over and I can just continue suing everyone !
As for this wicked ruling by the US Supreme Court , we citizens can band together and defeat it
and save our republic by NOT VOTING for any politician, judge or whatever that raised more than one thousand dollars.
Exactly, Marilyn. Voting with your checkbook is the free market way of effecting changes in our society. I heard there was a grassroots group working on starting a non-profit media center that will provide equal access for all politicians to promote their candidacy and for all citizens to provide feedback and interact with these candidates. Then we could collectively decide to elect only those who were willing to participate in that public forum. We have the power, just need to organize. Glad to see your post.
When you talk to law enforcement, give them a usb stick with all the docs, in addition to printed copies….yes you will get an Oh, Shit look. These things do have a life of some sort, and they will work their way to a prosecutor. The world is just becoming familiar with the term wrongful foreclosure. Let’s put them all in jail!
I see where you posted a Justia review, Justic does not maintain complete truth and honesty in their analysis I see what they did with my case. No where do they mention that all this fraudulently transfering was done with void ab initio judgments/
Tom
All the documentation shows how Schlesinger and and the appellate judges except for judge Helen Freedman are in cohoots and lied.
take a look at
http://stopforeclosurefraud.com/2012/03/01/hsbc-bank-usa-n-a-v-sene-nysc-without-further-hearings-that-a-fraud-has-been-committed-upon-this-court-two-versions-of-assignment-of-note/
everyone should read this
tell me what you think and how it may help YOU
Tom
Thanks.
. This leg of my fight has been since 2008 when Judge Alice Schlesinger sided with the corrupt debt collectors Mullooly Jeffrey Rooney and Flynn and with the corrupt NY court referee Penny Stark that pulled off the original fraudclosure in 1997 by hiding my four mortgage checks and lyingly said I defaulted.
The bank Astoria Federal S & L/Fidelity NY FSB somewhere between 1997 and 2008 replaced corrupt MJRF with a lawyer Mr Arthur Walsh of O’Reilly, Marsh & Corteselli who looking
at how my two condos were fraudulently auctioned off with void ab initio judgments dated June 30 1997 to a team of organized thieves, straw buyers and Fidelity national title insuring one of the titles.
stated in front of judge Schlessinger Its indemnify indemnify indemnify
have court tomorrow and banks attnys are trying to dismiss with prejudice the defenses and counter claims my ex-attnys filed yes I did say ex attnys who milked me for a few thousand claiming that would defend foreclosure and modify me. tom, you may have heard about mores DuPont, sheisters, I got a modification thru NACA and they tried to claim credit for it so they could get another 3k out of me. wow! needless to say I would die before paying them. they did not even show up for court and have given away some of my defenses. there are mills that represent the defendants too and stay clear of these because they will suck you dry if you let them. wish me luck tomorrow, if it goes awry I have an attny on stand by. the banks attnys are still pursuing foreclosure after they have been informed that I am part of the class action chasemdlsettlement. they obviously do not care. I am winging it and fully intend to let the judge know about the class action. I have spoke to the plaintiffs attny who are representing us that were wronged with their bogus loan modifications and was told that the bank cannot even pursue foreclosure until after this settlement is finaled in May. the settlement says that we should be offered modifications and cure any delinquencies. Yet, the banks attnys have ignored this and are still pursuing foreclosure. I will be considered verbally armed and dangerous tomorrow as I refuse to let these attorneys weasel their way thru foreclosure and discredit my defenses. Wish me luck!
Even though CA and non judicial good review if you don’t have it.
“We analyzed the subject loans to determine the mortgage industry’s compliance with applicable laws. Specifically, we focused our analysis on important topics relating to six Subject Areas:
• Assignments
• Notice of Default
• Substitution of Trustee
• Notice of Trustee Sale
• Suspicious Activities Indicative of
Potential Fraud
• Conflicts Relating to MERS”
– See more at: http://stopforeclosurefraud.com/2012/02/15/aequitas-report-foreclosure-in-california-a-crisis-of-compliance/#sthash.UQbmi4C6.dpuf
Just experienced the missing keys curse hmmm
Interesting case I’ve reviewed before with great citations. Looks like they survived the dismissal stage but lost the summary judgment. May seem obvious but comes down to your argument and the PROOF. That’s why you gotta do your homework even with lawyer, audits etc.
From first round victory to not be dismissed
p 6
Similarly, in Javaheri v. JPMorgan Chase Bank, N.A., CV10-08185 ODW FFMX, 2011 WL 2173786, at *5-6 (C.D. Cal. June 2, 2011), the court denied Defendant JPMorgan’s motion to dismiss a very similar wrongful foreclosure claim to the one at issue here when the plaintiff alleged that Washington Mutual, plaintiff’s original lender, had “transferred Plaintiff’s Note to Washington Mutual Mortgage Securities Corporation” prior to its closure by the U.S. Office of Thrift Supervision and JPMorgan’s subsequent acquisition of its assets.ld. at *5. The court took note of the fact that the plaintiff had produced specific “facts regarding the transfer of Plaintiff’s Note” suggesting that Washington Mutual had indeed alienated its beneficial interest to plaintiff’s deed of trust prior to JPMorgan’s later acquisition of Washington Mutual’s assets. Id. “Coupled with Plaintiff’s allegation that JPMorgan never properly recorded its claim of ownership in the Subject Property,” the court ruled that the “above mentioned facts regarding the transfer of Plaintiff’s Note prior to JPMorgan’s acquisition of [Washington Mutual]’s assets raise Plaintiff’s right to relief above a speculative level,” and held that plaintiff’s allegation “that JPMorgan did not own his Note and therefore did not have the right to foreclose” was sufficient to withstand JPMorgan’s motion to dismiss.ld. at *5-6.
Review, final judgment here – http://docs.justia.com/cases/federal/district-courts/california/candce/3:2012cv00572/250929/76
Here’s an extra weapon for your arsenal’s. I think what is occurring with me is the case with everybody. First the background…
… The “PLAINTIFF” in my case is alleged to be Deutsche Bank National Trust Company. I did a little research and tried to find this “Trust Company” and could not. I even went as far as to speak with the “legitimate” Deutsche Bank to find out if there were any connections between the two and there were not.
Here in Florida pro se litigants have the right to speak directly with their accuser and bypass their accuser’s attorney’s. Therefore I called the lie-firm that is alleging to have been delegated authority to represent the alleged interest of DBNTC in my case and I spoke with their liar and asked her for the contact information to the registered-agent of their alleged client. The liar freaked-out. She began to stutter and in the end belligerently refused to provide the contact info to their alleged client.
My wife and myself wrote affidavits witnessing what we experienced in this call with our alleged accuser’s representing counsel and via-email we contacted the “Secretary Of States” of Texas, California, New York, and Florida and asked them if there was a DBNTC registered somewhere in their State that we couldn’t locate to which all of them replied, “no.”
So then I made copy’s of these e-mails with the Sec. of States saying there’s no DBNTC registered in their State and I filed those e-mails along with my wife’s and I’s affidavit’s and a “MOTION TO PRODUCE.” Produce the contact info to opposing counsel’s alleged client.
I put on the record that the “PLAINTIFF” in my Instant Case is a construct of the lie-firm in a scheme or artifice to defraud. ————————–
So that was that. In a crazy over an hour war in the court room, this motion of mine was struck. But regardless, “the evidence controls the case,” and the evidence in my case shows that the Plaintiff does not exist. There is absolutely nothing filed in my case by opposing counsel rebutting this claim of mine.
So I am currently in the appellate court over this ruling. I’ll let you know how it turns out but my point of all this is that I am willing to bet that the PLAINTIFF in all these fraudclosure cases is not who is styled in the caption. All these banks and trust-company’s are required by law to have a registered-agent. Get the contact info for your PLAINTIFF’s registered-agent. If you can’t, then your PLAINTIFF is not your PLAINTIFF and there is fraud upon the court brought upon by the opposing counsel. No PLAINTIFF no case.
yes hammertime we have to keep our faith and moral compass, because whatever situation we find out selves in, the outcome will only strengthen us, but that doesn’t mean we have to give up our fight for what is right and we know that truth will win, we just don’t know when.
The leap of faith is to fight the good fight and we’ve already won. But we have to have our feet on the ground and take action.
Tom
Where are they looking at the dirty judges If in New York I suggest David B Saxe of the 1st appellate division and go back to judge Alice Schlesinger illegal ruling for a Void Ab initio judgment. prohibited by the Supremacy clause of our US Constitution.
Please provide any and all information you have to:
Your local law enforcement agency;
Your County Attorney (although that’s supposed to be done by your local LEA but isnt always):
Your State AG;
DOJ;
Federal Reserve;
OCC;
FDIC;
CFPB;
Interpol;
and GO to your local FBI office and meet with them and hand deliver what you have to them.
THEN
your local newsapapers.
your local radio stations.
Call in to talk shows.
But MOST importantly, arrange a face to face with
your State representatives
your U.S. Congressperson
both of your U.S. Senators
don’t expect to actually MEET with them, but get as high a ranking staff member as you can in Constituent Services.. Take them what you have but before write a confirming letter and put all your information in it as well. ASK FOR THEM TO INITIATE AN INVESTIGATION and to REPORT BACK TO YOU N A REGULAR BASIS.
Now you might ask..whats the point.
The point is if you DON’T do these things, you’re not a good Citizen. AND you’re helping to perpetuate the problem and allow it to go on and likely get WORSE.
On a practical basis, you’ve done all you can do to the wrongdoers and they have no reason to come after you – knowing what will happen to them if they do.
Realistically, don’t exepct anything…right away.
Here’s what you’ve done. PUT IT IN THE SYSTEM. Eyes will be directed in the right places by SOMEONE ( or more ).
Don’t think you’ll be welcomed. You won’t. No one wanst to have more work piled on them, even if they are bhonest. But some of these might be DIS-honest. You’ll be on every list you can possibly get put on. That’s not bad ! ALL THE INFORMATION YOU HAVE PROVIDED GOES INTO A NUMBER OF DATABASES. You have no idea what they ALREADY have. But the FIRST thing that will happen is the person and entities you give the information will find out immediately. I believe the response you can expect internally quietly will be “OH SHIT”. There may be just a hint of sweat.
These evildoers as George W put it, were planning on getting away with it until someone told them they couldn’t. Happened with Madoff. Happened with Rothstein. Happened with many others who thought they would never get found out, or if they did they could live with being incarcertated in a comfy fed prison/resort, and wealthy beyond their dreams when they get out. That will probably happen. If you want to get sick to your stomach, look up all those who have been convicted before, how little time they spent, and how comfy they are NOW.
What you want is to change the system to the good. Life is change and evolution…look at the HUGE changes in our financial system just since 1850 !! Just since 1928. Just since 1960.
Just sine 2007.
Then think of Alan Greespan and his beauty young wife and rose petals…and his famous last words….“IT WILL HAPPEN AGAIN”
That’s because it’s all planned.
You can’t do anything, but just a small bunch of us can divert the otherwise inevitable.
The truth is, everything is out of control…things being “OK” is really only an illusion. Look at what a few seconds in Dallas did to change the course of history. A few hours did on 9/11.
There are nukes pointed at us in North Korea, and soon from South America ( I hope you know Russia is busy building military bases in a half dozen South America countries .)
And nukes from China and Russia, too.
Be prepared to use something OTHER than the dollar if we implode all the way…thatsb why Obama build aso many HUGE incarceration/”relocation” camps. That’s why so many bullets are in the hands of “Homeland Security” (OUR SECRET TAKE OVER POLICE).
I’m AN OPTIMIST AND I ENJOY EVERYTHING..especially CHALLENGES.
But mostly, value those who share your ideals and goals..because someday we WILL inherit the world…from the bankers who own it now. There are good people in all the above I have listed, you better believe it, but there are plants, too.
EVERY wrong should be DOCUMENTED and shared.
You might find this new website interesting…. http://www.closewellsfargo.com
hammertime, servicer is another facade. the idea is to shift the liability. Its like the game “twister”. that way they do not know where to pin the liability. they knew very well how to manipulate the system so that no one particular entity could be blamed. besides if one of a banks service is to be a lender, why wouldn’t they be set up to service it as well. How can the same bank be a lender and not service what they lend. Apparently these banks never did their due diligence as a lender because they knew they were going to sell them as quickly as possible. it was a big con as we all are aware. I don’t see how they can be a servicer and a lender in the same entity period. Believe me, don’t try to make sense of any of it, because it is all bullshit and they got away with it and continue to do so. we are slaves to these satanic lenders/servicers and until we get free, however and whatever that takes we are going to be continuously tortured by them
You said a mouthful! Funny you mention satanic and I was taken to the League of Angels link. Some temptation there! Actually my faith has saved me from being tortured. It took a while and not merely as Christian/Catholic but Garfield talks about the loss of our moral compass as a nation on this issue. There have been some really good sites I’ve come across that have a spiritual side to them. In the Bible Ephesians 6 and Psalms 37 and 119 have been inspirational. We can figure it out if we have conviction and believe in our core values individually and as a nation. With faith anything’s possible no matter our individual outcome. We can’t judge each other but we can try to do our best to bring out the truth and justice. I see it more as the emperor’s wear no clothes and it’s the evil of the few that has everyone with their heads in the sand. With faith and doing the right thing it can turn around and believe it has to some extent even if at times it’s like torture. Keep the faith!
Case re damages for QWR/RESPA
http://www.ca6.uscourts.gov/opinions.pdf/13a0332p-06.pdf
From last year though. Changes made to law in effect 01/14.
i am so with you guys.
guys, the best defense is to pay. as we all know, if you don’t pay you don’t stay and that is what the courts hate more than anything is a non payer. we all know the paper work is bogus and the banks lawyers are liars, but these low level judges hands are tied. As someone on this website told me, the day that we defaulted and believed that the govt plan would help us out was our mistake and now we have to deal with it and the banks are trying to clean up their mess however they can. the Obama program was bogus from the start, but so many people got screwed that at some point, it should be made right. we here on this website don’t know each other s situation, but when you try and try to do the right thing and nobody cares and they just stick it to you harder and harder, believe me I understand what we all are feeling and going through and every one here is working so diligently to make it right. I just hope that we are all wanting the same outcome and that is to pay a fair/reasonable amount and live our lives out in our homes that we are all fighting so desperately for. get yourselves a crooked lawyer as the banks have . these guys/gals enjoy a good fight and as tom says keep a close eye on them and don’t give up your rights and pray the outcome will be in your favor. thieves never win and as the saying goes, every dog gets their day and believe me they will. I truly believe it and you should too. this website is a good vent and knowledge, but really where do we go from here. it is every man/woman for them self and their situation and a never ending court battle needs to end with some type of negotiation with the court so we all can get on with our lives. I don’t know what everyone else is expecting here, but I just want them to let me stay in my home and pay them a manageable payment like the one they gave me with the modification they reneged on back in 2010 and I am counting on the chasemdlsettlement.com to make that happen..
HAPPY BIRTHDAY TO MEEEEEEEEEEEEEEEEEEEE !!!
It has been 2222 days since my last payment was due which I paid. On instructions from Wells Fargo I stopped paying until they provided me the paperwork to continue my payments under a fixed rather than adjustable rate – which they still haven’t except for ONCE when they gave me ONE AND A HALF DAYS TO ACCEPT new terms that included a huge bunch of additional fees their attorney (big corporate guy, too) admitted they had NO idea where they came up with those inflated numbers, WHICH I OF COURSE DID not AGREE TO ( sort of like a mugger asking for a specific amount of money from you rather than for ALL your money, so they have the defense that there was a verbal agreement of the EXACT amount of the gift you made to them and it was a voluntary “transfer” – [assuming the mugger has the same attorneys as Wells Fargo])
Which brings us to my original lender, whom I have accord with and who seeks no further monies from me in return for my not suing them, which leaves us with WELLS holding me in foreclosure wrongfully for SIX YEARS tomorrow.
I don’t know whether to put SIX candles on my cake, 2,222 or 2,228.. what do you think..
Now, Wells has broken a number of collection laws (no surprise THERE !)… at $200 a day for 2,222 days of holding me wrongfully in foreclosure, that’s $444,400 I claim they owe ME !!! Not bad considering my loan balance was about $85,000 before all this began. That’s 2,222 days from when my loan was supposed to have a zero balance.
I AM ACCEPTING APPLICATIONS FOR JURY MEMBERS … anyone care to apply ?
We must be under the same sign!
My be a repeat but excerpts from Chase consent judgement https://d9klfgibkcquc.cloudfront.net/Consent_Judgment_Chase-4-11-12.pdf
p 93
I. FORECLOSURE AND BANKRUPTCY INFORMATION AND DOCUMENTATION.
Unless otherwise specified, these provisions shall apply to bankruptcy and
foreclosures in all jurisdictions regardless of whether the jurisdiction has a
judicial, non-judicial or quasi-judicial process for foreclosures and regardless of
whether a statement is submitted during the foreclosure or bankruptcy process in
the form of an affidavit, sworn statement or declarations under penalty of perjury
(to the extent stated to be based on personal knowledge) (“Declaration”).
A. Standards for Documents Used in Foreclosure and Bankruptcy
Proceedings.
P 100
C. Documentation of Note, Holder Status and Chain of Assignment.
1. Servicer shall implement processes to ensure that Servicer or the
foreclosing entity has a documented enforceable interest in the
promissory note and mortgage (or deed of trust) under applicable
state law, or is otherwise a proper party to the foreclosure action.
Hammertime, are we being monitored? it is so weird when you start to type and the letters are not there. I thought at first my keyboard needed a battery. also, re: the comment you made to tricia. my lawsuit is reading Jp morgan chase as the plaintiff which leads me to believe further that they are the note holder as well as servicer. met with an attorney today and showed them the class action. lawyer says we have a good chance that they will be forced to cure any/all delinquencies for giving us fraudulent modifications. Said there were big incentives for them to modify so they apparently did it long enough to get the incentive and then reneg.
Anything’s possible just like what we need to do on each of our cases we would need to go through a real troubleshooting. I get the feeling it could be the ads on the site combined with your own system and internet connection. I don’t have characters disappearing but I’ve lost posts esp if system was slow as with anti virus updating. Then again it could be the NSA! lol! I would look at how the whole note holder/servicer role applies in FL. But really look at when JPM came into the picture as JPM vs Chase Bank, or Chase Home Finance etc. So Holder of the Note can mean a couple of different things as can servicer so that needs to be nailed down as well as how the claims changed specific to your loan. Down to the basics don’t quote me is you can be a holder as an agent or as the beneficiary which I think is the key. That’s where things can unravel IMO. In my case similar to yours they said the investor would not allow the loan to be changed then they claimed they were the investor although they were the original lender as well? They will always say it’s allowed but why would you buy such a bad loan from yourself and still not change it? And if you call yourself an investor doesn’t that mean you must have paid something? I think those are the basic type questions that can be asked when people talk about following the money. But again no big theories and no big attacks. Again not advice just “thinking out loud”.
thanks hammerime, will keep everyone posted.
ok hang in there. I’ve started to type my responses on word processor then copying over when the site acts up!
The laws are being violated and it just DOESN’T MATTER!!!! Please do yourself a favor and stop paying Attorney’s…you’re just paying their mortgage! The Courts are turning a “BLIND EYE” and are actually facilitate the banks!! Truth, research and laws are a thing of the past…sue the bank yourself!
Just got news the judge denied my motion set aside the default the judge ruled that the consent order striking the answer was valid and there was no legal basis to set it aside .Make along story short i paid a lawyer 3000 dollars down 1000 a month to to fight the foreclosure he called my wife told her that they would not foreclose for 6 month i was working out of town he never explained to her that he was signing a consent order basically letting them default on us i fired him because i did not like him and figured i could hire another lawyer and get more informed about foreclosure and the next 6 months would give me time to get my ducks in row to fight them we did not know that he gave up our right to have our day in court , I got letter of default i disputed it sent them a letter they told me my letter was untimely and by consent order the time for discovery had ended i did not know what that mean ti sent them some more letters did not respond then i got a letter for motion of entry for final judgement had 10 days to respond hired another lawyer short notice we filed answer and this is the news i got today .I Want to fight i know they don’t own my loan legal argument my loan was recorded in 2005 by fremont in 2008 they went bankrupt CMS sent me letters saying they were my new service . Count one of fraud never recorded any assignments at the county clerks office there no nexus from fremont to cms if someone has an interest in a piece of property they MUST recorded this interest on public record the law is very specific to real property 2 How could a company that went bankrupt in 2008 give mer authority to assign anything only the BK trustee could due that my trust closed in 2005 how could mers assign mortgage from a trust that closed years ago the promissory note must be reflected at the county records office and not with mers the bank must show perfection of the chain of title must be by endorsement with out recourse that was not done the assignment to foreclose on me was robo signed by tom croft they dated 2015 really in nj you have to have a affiliated signed saying the lawyer who is performing the foreclosure has talked to somone from your morgage company and they have review all the documents and that has to be signed by notary in order to foreclose that was forged she rubber stamped her name why would you go to notary and stamp your name i talked to notary in California she told me that is illegal you have to sign your name so know i have to appeal and try to get a new trial because of my lack of intelligence i did not understand was being done my due right were violated everyone should have there day in court i am so mad there no assignment to CMS the trust never named anyone that’s is names in the lawsuit before it closed they forged the assignment and recorded years after the originator went out business they have no standing have brought no paper to show they have standing to bring this foreclosure none only forged robo signed assignment how about rule 17 an action has to be taken in the real party of interest all i know now is that i am going to see that first lawyer tomorrow and theirs going to be problem he screwed me no Vaseline
You understand that if your lawyer enters an agreement to permit the foreclosure but to wait six months to give you time to move, that’s pretty much a done deal, case over, don’t you agree ? Theres nothing to appeal, is there ? You might have a lawsuit against the attorney, but what are your lossess..he got you six months worth of free rent, you didn’t lose anything.
You need ANOTHER attorney…Q U I C K
Courts give us waaaaaaaaaaaaaaaayyyy too little time for everything.
If the plaintiff was the wrong party, why didn’t you plead that and do discovery to prove who the REAL party in interest was and negotiate with THEM and get the foreclosure dismissed
Everyone should be aware WE ARE NOT GIVEN ENOUGH TIME, and WE NEED TO PUT EVERYTHING ON THE RECORD IN WRITING WITH THE COURT and we MUST do aggressive and thorough discovery..
Appeals court are limited to what paperwork is IN THE TRIAL COURTS file, and can only act if there was a clear error that the WRONG RESULT (judgment) WAS ENTERED and then get the case reopened and sent back for more trial work in most cases.
ASK ATTORNEYS QUESTIONS AND STAY IN CLOSE CONTACT WITH THEM !!!!!!!
Know what your options and plan of action is, every step of the way.. Don’t expect attorneys to stay on top of your case…many,many,many don’t..unless you MAKE THEM. Have a great and close working relationship with them – GOOD attorneys will appreciate that ….and BAD attorneys will let you know you’re bothering theM and will avoid you.
Yes Virginia, there ARE bad attorneys…and BAD JUDGES. They are EASY to stop..they do not follow the law AND LIMIT WHAT YOU CAN DO…. AND RULE AGAINST YOU
tom this is what i 481 nj super 323 (CH DIV 2010) TRUST v MICHAEL RAFTOGIANIS plaintiffs fraudulent ASSIGNMENT of mortgage filed in the state of NEWJERSEY must fully comply with rule 461-1 (B) (10) and recital of all assignments in the chain of title the complaint in this case mention one assignment in the chain of title the assignment from cms to cms. The psa date 2005 oct 31 sec form 10-K the form clearly indentifies STANWICH ASSET COMPANY LLC as the indenture trustee public offering UNDER THE PSA STANWICH is not mentioned in the complaint under the chain of title nor is ant information about the psa available to the defendant under mers as nominee dose not have any real interest in the debt PLANTIFFS failure to comply with R 461-1 (B)(10) IS NOT a minor procedural error its absoute condition precedent to filing of complaint attempt to fill in CHAIN OF TITLEin this case is voidab initio STANWICH ACCERTANCE COMPANY absolutely held the defendants mortgage PLAINTIFFS complaint is silent to any transfer in the chain of title pressler verniero current nj rule comment I ON R -1in the case bank of AMERICA vs LIMATO A-4880-10T3 APPELLATE DIVISION UPHELD THE DISMISSAL OF FORECLOSE COMPLAINT WITH OUT PREJUDICE WERE THE CHAIN OF TITLE WAS SUSPECT RELYING CASE LAW RAFTOGIANIS PLANTIFF HAS NOT ESTABLISHED ANY EQUITABLE RELIEF FROM THE COURT
I suggest you get a half hour consultation with three different Appellate attorneys with a track record of winning appeals in title and mortgages if not foreclosures and see what you might accomplish with their help, and let us know…we are sitting on pins and needles, and they are starting to hurt !!!
Have you had the Consumer Financial Protection Bureau do a formal investigation, I understand they are investigating some dirty judges, too.
hi cool, please see http://www.chasemdlsettlement.com next month it will be final exposes all their fraud, but of course they never admit to any wrongdoing but they are supposed to give homeowners a chance at modification and cure delinquencies. good luck.
hammertime, both fannie and chase are claiming ownership, definitely something is not right. chase has jerked me around so long on a modification that they probably do not want to admit to owning the loan because they always tried to say the investor needed to review the modification after I sent in paperwork so many times I lost count and they would claim the investor had to review. It was all bullsh**. I knew it. Chase has always been the owner and there is no proof otherwise and now that I am part of this class action against chase, there is more evidence of how they screwed their customers out of modifications, pure fraud. my strategy is not all of their fraudulent paperwork, but I have always tried to pay them and still trying and all they do is ignore me. they know they are wrong and with this class action still pending are going to continue to give me the silent treatment until they see the outcome and that’s when I will attack them.
Please send info about Chase class action. Chase faxed me proof that they sold my mortgage into an MBS. Fannie just foreclosed. My mortgage docs include a robo-signed assignment that was notarized b one of the F/C mill attorneys who’s notary stamp has been revoked. I go to Magistrate Court (GA) Thursday to “mediate” followed by a bench trial – and my case is ALSO on the docket in GA Appeals court in June. Thanks in advance!
That’s a good strategy we can all incorporate through settlements, homeowner bill of rights type of tools. Keep your eye on the ball and don’t let them try what they did to Sorrentino up there. Don’t give up any rights and I’ve been against modifications in general unless you know you have clean title. Good article on Garfield today talks about what you need to consider if you do mod. Has to work financially and you need to record the settlement to ensure clean title. Quiet title is something we should all be looking at as well without falling into the free and clear trap. We can make our own offer once/if they show up to prove standing to pay what we rightfully owe to the party that can rightfully claim the debt on fair terms and considering damages from their delays and games if not outright fraud from what I’m seeing. Hopefully I can review the documents from your class action.
Be part of the solution to all this…we all need to work together personally and co-ordinate our efforts…..there is strength in numbers, weakness in going it alone, especially being less than a fully skilled, connected, and experienced trial attorney, as you have all found out.
When original lenders, buyers of loans, servicers, MERS, attorneys, Trusts, Trustees, investors, holders, judges, and government agencies, legislators, their staff and others do wrong… IT NEEDS TO BE PROPERLY DOCUMENTED and PRESENTED TO THE RIGHT PEOPLE in THE RIGHT WAY.
You are getting blown off because they know you won’t know what to do about it. The truth is you have a CONSTITUTIONAL RIGHT TO REDRESS OF GRIEVANCES. Manifest injustices are not allowed in this country, so DON’T ALLOW THEM !
THAT INCLUDES HAVING YOUR LEGISLATORS INTRODUCE AND PASS NECESSARY LEGISLATION.
Each elected official has the duty to have a Constituent Services operation…you should each be working with your legislators and keeping THEM abreast of EVERYTHING…they have more contacts and power than you do.. ASK FOR THEIR HELP. If ENOUGH of us are in contact, AND we utilize the media and build grass roots, things WILL begin to change.
and please feel free to call or email ME… Tom Heinrich 954 781-9300 reachth@yahoo.com
tom, when I first started getting jerked around by chase, I contacted several of our local CONSTITUENTS, aLLAN WEST AND WHOEVER OUR DISTRICT ONE WAS AT THE TIME AND All I got were meaningless letters. allan west was the most informative and I am not bragging with him either. Bondi needs to step up. this website is being monitored because my typing is so delayed and I get so frustrated that I have to quit. I am getting a new lawyer because this is so time consuming and I have to work and hopefully I have found aN ATTORNEY THATT WILL NOT TAKE ME FOR A RIDE.
THIS WEBSITE IS BUGGED, NO SHIT ITS THE ONLY WEBSITE THAT MY TYPING GETS DELAYED AND SCREWED UP. I HAVE TO TYPE LETTERS OVER SEVERAL TIMES BEFORE THEY EVEN SHOW UP IN MY MESSAGE. IF YOU ARE COMMENTING ON THIS BLOG, CHANCES ARE YOU ARE BEING MONITORED AND IN MY CASE IT IS CHASES LAWYERS, THUGS LIKE THE BANKSTERS
everyone should read McCollough v Johnson, you can find it here http://scholar.google.com/scholar_case?case=16771198243543575615&q=mccollough+v+johnson+9th&hl=en&as_sdt=40006
..everyone should do extensive discovery and complie extensive documentation….discussing your situation will not convince a JUDGE that you are right !!/….
subpoena subpoena subpoena
depose depose depose
there is no mers anywhere on the mortgage and I had 2attnys tell me it was JPMorgan the original lender. would they not had to record an assignment if it was sold/xferred to fannie mae and if not a Mers thanks
@lms53 – the language is most probably on the promissory note; not so much on the mortgage. Assignments are only required (Florida) when there is a change of OWNERSHIP of the note and mortgage. It is NOT required when servicing is sold/transferred. Again, Fannie Mae is NOT a lender nor are they a servicer. They are simply an investor- GSE’s (government sponsored enterprise). That’s the reason why the gov’t had to take over; bad investments on shoddy mortgage programs. Did you check to verify if your loan was listed as owned by Fannie Mae on their website? Lenders will underwrite or approve mortgages according to Fannie Mae guidelines so that they are able to sell and keep turning the same funds over and over again. Chase has been known to record assignments well after the fact and especially if a foreclosure is looming overhead. Recording assignments can be costly when you’re bundling packages of mortgage loans and the reason for implementing MERS. I have always said that MERS is illegal in what it is doing b/c on a lot of notes it stipulates that MERS is the ‘lender’ and that can never be! Lenders don’t record anything with MERS. It is just a ‘holding tank’ for loans that were sold on the secondary market and a record-keeping data base of those sales. That’s the reason why so many of the recorder’s offices are suing them for fees!
It would be nice to see someone recover some of these recording fees but I’m predicting out of court settlements for peanuts and no real idea of how many assignments were not properly recorded and paid.
I would check MERS anyway. My loan had MERS records active for 2 years after closing! And it was NOT a MERS loan! You seem to have been at this a while as well. I would disagree w/ Bobbi if she is only emphasizing bad investments – it was out and out fraud or negligence of MERS and the banks. You should have done a review of your docs and matched up the assignments and even payment history to see where the discrepancies are. Since Chase was part of the mortgage settlements it seems you have grounds for showing whether they were valid lender/servicer. But again they can “fix” any document problems but can’t fix fraud if they claim to have invested anything etc. or there may be a cloud on title where more than one lender/investor can make a claim.
thanks used car guy I did not have Mers though, that’s why I ask, when I refied with chase, they never made an assignment which leads me to believe that chase has always held my note and also serviced it, but they say fannie mae owns my property, some more bs from the bank I suspect
@ lms53 – Chase may have sold your mortgage to Fannie Mae (underwritten your mortgage under their guidelines) but Fannie Mae is NOT a lender, They are only an investor vehicle. They would have paid Chase the amount of your mortgage and Chase retains the servicing. That is not unusual. Your mortgage would have become a Fannie Mae backed loan i.e. if you default they have no skin in the game; no reason to help you; no reason to care if you are thrown out of your home. If a foreclosure is successful, then Fannie Mae actually then takes title & markets the home for sale. They have their own website and their own mortgage program (Fannie Mae Homepath) to re-sell these very properties. Look at the bottom right-hand corner of your note and/or mortgage. It will specify Fannie Mae document and more than likely the name MERS is somewhere within the first page of either or both documents. Don’t be fooled. MERS is involved in 60% of the total mortgages in the U.S.And if you are in the state of Florida, assignments ARE required when there is a transfer of the note and mortgage. Go to both the Fannie Mae lookup site and the MERS look up site as well and check to see if your mortgage is there.
After Chase supposedly bought WAMU loans, they neglected to file an assignment of mortgage for 4 years. It was only after we were behind on the mortgage that they actually filed one.
That’s a good way to put it, “supposedly”. Was yours actually a WaMu originated loan or serviced by WaMu? If you had any other payoffs anything is possible and Chase may be claiming anything WaMu as part of the ’08 “purchase”. So the assignment shouldn’t be the only focus as everyone seems to be doing.
hammertime, yes we know for a fact it was a WAMU originated loan. We walked into a WAMU here and took a loan out. As for what WAMU did with that loan after we have no idea. Everything I have read seems to indicate that Chase only received the servicing rights to the loans and not that they actually purchased them.
Tricia, I would take a good look at your Note etc and see how WaMu is identified. Here’s a description of Chase Bank USA: “Chase Bank USA, N.A. (Chase USA or the Bank) is an $87 billion intrastate bank with $9.8 billion in net Tier 1 capital. The Bank is headquartered in Newark, DE. The Bank DOES NOT operate ANY branch locations accessible to the public. The main banking facility is only available to Bank employees. The Bank also operates a branch in the CAYMAN ISLANDS. The Bank is a wholly owned indirect subsidiary of JPMorgan Chase and Company (JPMCC)” (caps added)
Doesn’t sound like the “Chase” we all see on the TV! With the mess of MERS and lost documents etc really take a second look and review dates etc. Quote comes from an OCC report. I’ve had to insist on finding out what exactly is “Chase” and we see the same thing w/ Bank of America as BAC, and other shell names all claiming to be BofA. The woman in charge of WaMu “sale” at OCC was booted out and is now in a cozy Wall St firm, I recall. Late 2008 seems to be a key period. You’ll have to see if all these fines, settlements gave them an out on that assignment or possibly review if a different investor/trust is involved. If there’s no clean link from WaMu to Chase then I don’t think the assignment is your main issue, again not legal advice just from what I’ve been reading out there. What state are you in?
Hammertime, we are in Washington State. There are actually a couple of lawsuits here which are challenging the Deed of Trust Act, they are saying it might be unconstitutional, because no due process is given. Non-judicial foreclosure states seem to be a different animal.
Yes, they are. Same in CA where I’m at. The Homeowner Bill of Rights was put in to fill the gaps. Also the Consumer Financial Protection Bureau along with National Mortgage Settlement Chase signed can help fill in the gaps. The propaganda is that they’ve paid and it’s a done deal but complaints can still be made. That’s still a focus on the right to foreclose and you may want to step back and see where the fraud may be. That’s another beast we’re starting to touch on where we can make complaints on the civil? and/or criminal side which the national settlement didn’t do away with. I’m surprised there isn’t a HBOR in place there, pretty sure OR may have taken strong action about a year ago.
@ Tricia Have you reviewed your property records and done qualified written request? and even check your credit report for signs of activity and MERS while you’re at it.
Hammertime, as far as we can tell MERS was never in the picture. Yes, we have checked the county records the only recorded deed of trust was WAMU in 2005/2006. Then Chase in 2012, which filed a corporate assignment of deed of trust. The person who signed as attorney in fact for the FDIC and VP of Chase is actually a Chase employee. I have checked with the parish it was signed in there is no record of the person having a power of attorney in order to sign for the FDIC. Yes, we have made a qualified written request as well, Chase nor the Trustee will provide any proof that they actually own the loan etc. The trustee went as far to say they didn’t have to provide any proof beyond the fact that Chase purchased WAMU.
That’s very interesting. I’m looking over the consent judgment myself for my own case. Have you checked the MERS site? Basically leave no stones unturned just in case. That’s where the fraud may lie, it may have been assigned and never recorded. I would look over your docs at closing for any unrecorded assignments. I did not realize this until I reviewed them again years later. You may have a couple of red flags as it is. But if there is any other entity involved you can possibly make claim for broken chain of title or lack of authority/standing. The other question would be when did Chase take over. Did they claim to be the servicer before the sale of WaMu? So there’s that ’06/’08 gap you need to fill in if Chase or anyone else was involved during that time. The good news is that it looks like you can make a complaint that they are not complying with the settlement. QWR rules have changed but they can’t claim they don’t need to answer as they tried with me recently. The Atty in Fact is also a red flag. The San Francisco Recorder did a great report on how these signatures can cast doubt on proper authority since the actual benficiary? Should be signing. Agencies, politicians are just looking at the highlights of the settlements but our cases can help bring a focus. I believe “competent and reliable evidence” is being overlooked. I’ll post other parts as new comment.
From p 93 “Before a loan is referred to non-judicial foreclosure, Servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information.”
The other thing I forgot was have you made a QWR request since the settlement? In CA if there’s a pattern of violations there are possible damages. I also got more info than before.
Hammertime, no we haven’t made another Qualified Written Request since the settlement. To be honest I am not sure if I did it correctly the first time. Is there somewhere to find a good format to put a QWR in? I was reading some more of what you posted about the servicer needing to make sure if the borrower has defaulted and they have a right to foreclose. Actually in the state of Washington according to the deed of trust act, I do believe it has to be the owner of the note/loan which can initiate foreclosure, they cannot be just the servicer.
The Consent Judgment states Servicer or Note Holder. Another part talks about valid transaction possibly referring to assignment. I’m working on a complaint now to the CA monitor. It seems it all falls under having to be supported by reliable evidence, which is big change from previous non-judicial process it seems. It seems to go from national settlement down to state law. QWR law changed in Jan I recall. They seem to be frowning on template type of complaints. They don’t want it to be overly broad though it could depend on the case. If WA law states that holder must be owner could be basis for asking for proof of transaction! Per Consent Judgment they’re supposed to send a statement “setting forth facts” before foreclosure action it looks like. It seems like it could be very basic from following: http://www.law.cornell.edu/uscode/text/12/2605
There’s another section that gets into more details.
“(B) Qualified written request
For purposes of this subsection, a qualified written request shall be a written correspondence, other than notice on a payment coupon or other payment medium supplied by the servicer, that—
(i) includes, or otherwise enables the servicer to identify, the name and account of the borrower; and
(ii) includes a statement of the reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.“
Chase tried to make format an issue with sections of code that instruct to identify if notice of error or request for information. HUD might be a good place to check but haven’t come across anything yet. You should probably check out the WA Attorney General site and see what they recommend. Here’s the MERS lookup if you don’t have it, pop in your address and see what happens. https://www.mers-servicerid.org/sis/index.jsp
Would be good to see how it all fits together depending on your timing for sale etc; need to go back and check, too much info right now!
Other quick side note. The term servicer is another source of manipulation as it could mean different things. Somehow the banks twisted it to mean more than just a payment servicer which seems to be how the settlement people are treating it which I think was either a big mistake or more deception.
Interesting comment from case I reviewed before – “p 6
Similarly, in Javaheri v. JPMorgan Chase Bank, N.A., CV10-08185 ODW FFMX, 2011 WL 2173786, at *5-6 (C.D. Cal. June 2, 2011), the court denied Defendant JPMorgan’s motion to dismiss a very similar wrongful foreclosure claim to the one at issue here when the plaintiff alleged that Washington Mutual, plaintiff’s original lender, had “transferred Plaintiff’s Note to Washington Mutual Mortgage Securities Corporation” prior to its closure by the U.S. Office of Thrift Supervision and JPMorgan’s subsequent acquisition of its assets.ld. at *5. The court took note of the fact that the
plaintiff had produced specific “facts regarding the transfer of Plaintiff’s Note” suggesting that Washington Mutual had indeed alienated its beneficial interest to plaintiff’s deed of trust prior to JPMorgan’s later acquisition of Washington Mutual’s assets. Id. “Coupled with Plaintiff’s allegation that JPMorgan never properly recorded its claim of ownership in the Subject Property,” the court ruled that the “above mentioned facts regarding the transfer of Plaintiff’s Note prior to JPMorgan’s acquisition of [Washington Mutual]’s assets raise Plaintiff’s right to relief above a speculative level,” and held that plaintiff’s allegation “that JPMorgan did not own his Note and therefore did not have the right to foreclose” was sufficient to withstand JPMorgan’s motion to dismiss.ld. at *5-6.”
Could give insight on the WaMu/Chase transition and it’s being treated.
Only half the battle though which is why QWR’s etc are important since it was dismissed for lack of proof it looks like as to what they were claiming. Can get final judgement here: http://docs.justia.com/cases/federal/district-courts/california/candce/3:2012cv00572/250929/76
some states do not require recording of mortgage assignments. That was the whole point of MERS. Obfuscation.
that assignment should have been done years ago, within 90 days of the trust close date. MA has already decided that.
shouldnt there be a recorded assignment each time a mortgage note is sold/transferred?
CALIFORNIA JERRY BROWN BEING SUED FOR DIVERTING HOMEOWNERS SETTLEMENT FRAUD TO FIX ALL ROADS AND BRIDGES INSTEAD ? A MUST READ THAT ALL 50 STATES CAN BE SUED FOR THIS CONTINUED FRAUD ON HOMEOWNERS
http://legalpronews.findlaw.com/article/4c55bf52b8385f6359b38f9c4d3f821f?q=lawyer%20OR%20legal%20OR%20attorney#.UzbmFdhOUWphttp://legalpronews.findlaw.com/article/4c55bf52b8385f6359b38f9c4d3f821f?q=lawyer%20OR%20legal%20OR%20attorney#.UzbmFdhOUWp
Guarantee this gets settled and for LESS then what was diverted with no ramifications.
I am doing just that in case CACE08-018999 Broward County Circuit Court on Monday…along with suing the justices of Florida’s 4th District Court of Appeal for stepping beyond their authority in aiding and abetting obstruction of justice by stopping our Attorney General from investigating and prosecuting David J. Stern…who it took YEARS to get disbarred, which was an OUTRAGE.
Our courts are the laughing stock of the nation right now and IT NEEDS TO CHANGE.
Stern has already been sued by me and ostensibly I will be entering a default against him April 23rd.
I AM LOOKING FOR VOLUNTEER RESEARCHERS and people who want to attend sharing groups in South Florida…please contact me !
Should be reviewed but for a way where we can take action for ourselves. This is about getting money for “education” primarily that the groups will benefit from like the whistleblowers getting their millions. One of these “legal” groups I met with last week repeated verbatim what the “lender” said in their bs “response”. We have to find a way to make the banks and the government tell us where all the money’s going and why we’re being PRE-judged unable to benefit while our treasury and tax dollars continue to get raided. The grand jury approach could be the way on legal side but we need another prong on government/representation side. I contacted Barofsky who’s representing the plaintiffs and their firm blew me off for pro bono. Seems like he tried but these cases seem to be plums for the legal firms.
After the Florida Appeal Court I filed 2 years ago, they denied my appeal and offered NO OPINION resulting in my being denied the Supreme Courts review. I then sent a 230 page explanation with all the evidence for forgery, fraud and below is what the AG’s office sent in their response? Unbelievable, really!
Hello Ms. Del Francia-Goodwin:
Thank you for following up with the Florida Attorney General’s Office regarding your concerns about the foreclosure of your Florida property.
I am sorry to hear that you have been unable to resolve your mortgage concern. As Bank of America appears to be the investor in this property, I am forwarding your complaint to Bank of America for review and response. You may follow up with Bank of America at the website or telephone number below:
BANK OF AMERICA: 877-488-7814
ONLINE: http://homeloanhelp.bankofamerica.com/en/index.html
I note we previously forwarded your concerns to the Florida Office of Financial Regulation and the Consumer Financial Protection Bureau. Please follow up with those authorities regarding your complaints against the banks and mortgage servicers involved in your case. I can also confirm that the resources we previously suggested are appropriate, and I encourage you to follow up with the agencies referenced in our previous reply dated 11/14/2013 (included below).
With regard to allegations of criminal fraud by an attorney and in the court, in Florida the police or sheriff’s office in each city or county is responsible for investigating crime at the local level. Those authorities operate independently and are not a part of the Attorney General’s Office. I have provided contact information for the Pinellas County Sheriff’s Office below:
Pinellas County Sheriff’s Office
Post Office Drawer 2500
Largo, Florida 33779-2500
Phone: (727) 582-6200
Website: http://www.pcsoweb.com/
Since your concerns also involve an attorney or law firm in Florida, you may wish to notify The Florida Bar of your concerns. The Florida Supreme Court designated The Florida Bar as the agency responsible for reviewing grievances against lawyers licensed to practice in this state. The Florida Bar’s information about the grievance process online at:
http://www.floridabar.org/tfb/TFBConsum.nsf/840090c16eedaf0085256b61000928dc/f213ff9530af36db85256f72005ad534?OpenDocument
You may contact The Florida Bar at:
The Florida Bar
651 East Jefferson Street
Tallahassee, Florida 32399-2300
Phone: (850) 561-5839
Toll-free within Florida: (866) 352-0707
Website: http://www.floridabar.org
If you need legal guidance, please seek private legal counsel. An attorney can provide the legal advice which our office is precluded by law from giving to private individuals. If you need help finding a Florida attorney, The Florida Bar offers a Lawyer Referral Service toll-free in the U.S. at (800) 342-8060 or visit the website.
We appreciate your persistence and again hope this proves helpful.
Sincerely,
Bethann Dillon
Office of Citizen Services
Florida Attorney General’s Office
PL01 The Capitol
Tallahassee, Florida 32399-1050
Toll-free in FL: (866) 966-7226
Outside Florida: (850) 414-3990
Website: http://myfloridalegal.com
PLEASE DO NOT REPLY TO THIS E-MAIL. THIS ADDRESS IS FOR PROCESSING ONLY.
To contact this office again, please fill out the the Attorney General’s online contact form at:
http://www.myfloridalegal.com/Contact.nsf/NationalSettlement?OpenForm&key=non
Sender : Beth Ann Dillon
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another example of the fear and intimidation tactic by the ones that are supposed to uphold the law, i.e.courts, judges and lawyers. they are just pawns to clear all of these crooked foreclosures. They are taking their orders from the higher ups and us hard workers are still taking our orders from the highest.
We opened a business and personal bank account in north Florida. We deposited our cash and credit card revenue into the bank. We applied for a business refinance loan to open a second location. The application process took six weeks and crossing ever T and dotting every I. The time came to seek a 1500, appraisal. Again a commercial appraisal for over a million dollars is detailed to say the least from valuating the inventory and property to the management and licencing. Completed that. All this while running our business seven days a week. We never heard back. We waited, Left messages with the women and executive who seemed to be directing everything.So we actually called the main number and got the call transferred to get er to answer the phone which she did. Sh said we were denied due to the appraisal being to low. Ok then, we want the appraisal. She said ok. We got nothing. We also never got a denial letter. Then came the foreclosure. That’s right, the foreclosure. Then we were contacted by the states attorneys office letting us know an arrest had been made for theft by deception in regards to a “mortgage” for over a million dollars on our “assets and property” but that our name had been cut and pasted with a shell company LLC created the day the bank issued the one million plus check with no restrictions and made the funds available same day. Did the bank report this crime? Nope. Did the bank hire a lawyer tp defend the recipient of the money and the bank and the employee? Yes. Did it work? Yes. Did th criminal charges go away? Yes. Did the foreclosure move forward. Yes. Did the bank force the judge out to get an older judge they liked better. Yes. Even after Judge Skinner said only the fla supreme court could oust a judge from a case by force. Nope not in the middle district. Judge Moran, senior judge sent an email obtained by the fla times union showing Judge Moran telling the banks lawyers to do to get rid of the fair judge so they could get a partial judge who already said he would help them out of retirement and bring him in as a senior judge. Either way they ousted Judge Skinner and won the foreclosure even though we proved we never closed any loans and that this loan was part of criminal act confirmed by States atty Harry Shorstiens office of financial crimes and the state of Florida insurance fraud division detective turned in a full investigation finding the scheme that was found legit enough to make two arrest. Yet, we were foreclosed not by cleaning us off the title-they hoped-, because the shell company was foreclosed, but by adding our name as an interested party, like the taxes etc due to our lis pendis from the crimes. It worked. We rushed as this instantly bankrupted us as we had our jobs, lives and livelihood, not to mention the only license the entire business had to operate it. So we filed in bankruptcy court before the sale and asked for the Jacksonville bankruptcy court to let us sue to prove the fraud there and pay our debts at 100%. Did the state court and the bank sell and buy the deed days after we filed bankruptcy in federal court. Yes. Is this the deed they have today? Yes. The bank was closed by the FDIC and friends of the banks owners went to work fr the receivership company and then rehired the owners of the bank within days of there bank loosing over 800 million dollars worth of loans. I suspect many of these loan were gifts in the form of a “special” loan to whomever they wanted with any kind of real or fake assets. Many of loans were to lawyers and lawyers turn into judges etc etc. Even the owner himself borrowed 1 million before it was shut down, from his own collapsing bank. Why am I telling you this? Well we have since fallen on hard times and are loosing our home. My son got accepted into University of Miami, something he earned and deserved. We couldn’t pay. My daughter got into Rollins in Fl, same thing. My father died while I was on the phone with lawyers charging me 350 an hour so I waited to click over and then forgot to call him back. He passed overnight. He left me his home and told me never to stop fighting because this is not a special case. He said we have become Mexico. Some generations are drafted to fight overseas. Some must defend here in the states. State attorneys across the country are ignoring theft by quoting ownership is civil. Don’t believe summery judgement is abused. Our case with all the agencies criminal and others were denied a jury trial after we were granted a jury trail in which the plaintiffs demanded as well. They wouldn’t let both of us come into the judges chamber together and just said they don’t have to let anyone in they don’t want to. The judge told my husband that if he didn’t drop the case he would see to it that he lost everything and the bank would get first money of any sale etc of our assets. Then he fined us 50,000. for notifying the bank we were organizing a picket line in front of the bank. He called it causing the case to be delayed. BOTTOM LINE – In north Florida and other states the local folks from all the agencies work together and have built beneficial relationships together and they honor those relationships. So if a new party, like the Tea Party FO Party or any party gains big dollars (momentum) and racks up those same members of those same relationships in your area, then this can, and did happen. The happy ending? No one will buy the property they stole from us. That’s it. For ten years our business property that has an amazing location with hundreds of thousands of cars passing it every single day, has sat empty. Interest? Oh yes, but no stupidity. There’s not a month that goes by we don’t get a call asking us to sign a quit claim deed so someone feels safe enough to loan money or put money into it. That’s right, the good ole american buyer beware has the title jumping FDIC and its banker friends sitting and sitting on the monument to our crushed dreams and honest hard work. Hundreds of thousands of people pass it every day and have for ten years of unproductive job loss due to someone helping someone more powerful then us. I even obtained a video with the help of a senator of the judge they wanted so bad, using his bailiffs attempting to stop me from simply filing my notice of bankruptcy into the state system at the state courthouse. The case was filed in fed court the day before but apparently the hellbent judge was going to try to undue that too. He was supposed to retire soon and he just didn’t care what he did. His son was running for his seat and the closed bank held a private fundraiser for him, I know I was invited there by those who just cannot believe that a conservative would behave this way…so I suspect the fund raiser privately held by the same women who processed the loan in secret had some big favors were being cashed in. The video clearly showed his bailiffs detaining me from the recording counter after zI tried to record the bankruptcy for 30 minutes and the bailiffs hung up the counter phones and started using the clerks cell phones to speak directly to same judge that secretly threatened my husband that day. Did any of the people they tell you to go to help? None. Remember bailiffs are the police. Judges are the law keepers, The regulators are sitting on there hands. They act like Lodge brothers to keep there jobs in that dark environment and laugh it off as another crazy day at work. Not caring what the results are either way. They even try to make you feel like your bothering them. They get rude and make public access complicated and vague. So after a 6 page article and two metro front pages and top story of the weekend on the local news…the elections and fund raisers started back up and the fantastic paying jobs and benefits for life pig trough opens up again and they swim up the tax payer pool again, lay there eggs, and swim away looking for a better pool upstream. Our family of military brats is so strong and good hearted that we survived this with our head held high. We just kept saying don’t let them change us. Don’t lower ourselves to they’re standards. Only then do we really lose. Our goal is to stay strong for our God and our American ideals morals and ethics. We are considering a Facebook page to raise money to try to buy the property back somehow and hire 80 employees…again. This may sound harsh or hard to read, i know. But our tears should not be in vain. Lets bring about civil court staff reform! They are the ones who swore to keep it fair and unpartial and to accept both sides as fact an to eliminate summary judgement for cases in disputed material facts, period. The measures the courts have taken have been a failure to protect the sanctity of the court and have themselves exercised contempt of same court. We must unveil the mask of summary judgement abuse.
My case has me at the end of my rope but your story is very inspiring. I may have to end my case and move on but hope to have my story told and hopefully help others. I have another 15-30 day window and looking to put some ideas to work. I’m reviewing social media approaches and have reviewed some campaign/fund raising approaches. You can send me an email here but let me know you sent it. elsa.carter-avpci3n@yopmail.com Thanks.
Lou, please call me 954 781-9300
Tom Heinrich
After loosing my home to an unknown bank, I am now selling my last home. If interested, please call me at (702) 809-0716 I’m done fighting, it’s sucked the bliss from my life! http://palmsprings.craigslist.org/rvs/4395276172.html
Sorry to hear that. If I was further along could have been a good option for me.
Can anyone help me fully understand Assignment of Mortgage. My question is (real example). Option One does an Assignment of Mortgage to Deutsche Bank National Trust Company Trustee of Soundview Home Loan Trust 2005OPT-4.
The original mortgage was 9/30/2005 and the assignment was done and recorded on 3/21/2007
The trust closed in 2005 in which all instruments had to be filed according to the trusts PSA and REMICS.
Is this assignment valid???
I am from MA.
Thanks for the help.
Not a lawyer but can some info/cases can possibly help. In CA Glaski partially addresses invalid assignments that violate the trust. Seems like MA has similar law to Homeowner Bill of Rights. http://www.realtytrac.com/real-estate-guides/foreclosure-laws/massachusetts-foreclosure-laws/
“On November 1, 2012, a new Massachusetts law went into effect that gives judges in the Bay State the power to determine whether a bank can foreclose on a home or must modify the mortgage. The new law, entitled Act Preventing Unlawful and Unnecessary Foreclosures, creates a series of new hoops for banks and other mortgage creditors to jump through in order to foreclose on borrowers who aren’t making their payments.
Under the new law, lenders will have to demonstrate to a Massachusetts court that they made “a good faith effort” to work with delinquent borrowers, and that they took “reasonable steps” to avoid foreclosing. Such “steps” would include considering whether the borrower could make a lower, “affordable monthly payment” relative to their current delinquent loan.
The new law also mandates that lenders prove loan ownership prior to taking foreclosure action. The law includes new protections that prohibit lenders from misrepresentation, unfair costs and imposition of fees for services not performed.”
Tom Heinrich says: March 26, 2014 at 5:12 PM
Hey Tom, thanks! I needed that right about now.
Folks…..keep the faith. I am now suing Met Life Bank CEO….Eric Holder (personally), and Ringert Law of Boise Idaho – for lying. I am doing this as a friend of the court….my ancestors crossed the Atlantic Ocean for this carnival? God has my back on this one….this ONE. 777
Fight until the lights go out. Then pray for a New Horizon…..one w banksters on crosses at dawn. 777
WANTED !
COURT WATCHERS
Rather than watch TV, why not spend quality, entertaining, and informative time observing and researching in your local courthouse in foreclosure cases.
I think this will be one of the important steps in righting the wrongs….documenting what judges and attorneys are getting away with in passing out free money and real estate to undeserving banks who have NO money invested or legal rights to the money or real estate – overturnable and restitution possibilities and usable with legislators to pass anti-justice crime wave remedial law that will STOP judges and attorneys from ignoring the law and hold them accountable under the law.
Please contact me and recruit others… I will provide instructions on what and how to do it.
Tom
remember my
http://www.foreclosureinvestigations.org
Tom – I know that you are in the state of Florida as I am as well. I met with my atty on my case with Chase yesterday. My case is in Pasco County however, he plain out told me that in Pinellas County the Judges are basically granting each and every judgment in favor of Plaintiffs if they show up in court with an ORIGINAL note in hand. Doesn’t matter if they are the owner of record or not, whether there are legitimate assignments or not. Basically, it’s all being based on ‘possession’ and nothing else. The corruption and total disregard of the rules of law are completely ignored by these judges and nothing, nothing is being done. If you file for an appeal the appeal judges in the state of florida are basically siding with the judges decision on the basis that a plaintiff has come to court with an ‘original’ note……period! This was such a blow to me as it’s 7 years plus fighting this foreclosure. And it is spreading to other counties as well and he opines that the same will happen in my own case in Pasco county. I have been to every hearing, etc. and I even wrote a letter to the Chief Judge in the district filing a complaint against the judge in my own case. Nothing was done and the reply that I got had absolutely nothing to do with my original complaint. All judges are attorneys, plaintiffs are attorneys and the banks are the funders for all of them at re-election time. Who can win against them when all the power is transformed into dollars and defendents are way outside of that realm? Those judges don’t care one iotta who is in the courtroom watching!
In my earlier investigation days many years ago, I has a private meeting with a judge in chambers in which I confronted him with uncovering some of things he had been doing illegally in misusing his office, to which he readily admitted he had done and would continue to do. He looked at me with kind of a stone cold stare, tilted his head to one side, and said “Who’s going to stop me.” I had gotten what I had come for, so as I raised up from the captains chair which I sat deeply in across his desk in what I must say WAS THE MOST PLUSH, lavish, elegant wood paneled office I had ever been in outside a movie set, I said to him as I turned away from him as if to insult him, “I WILL.” I actually mis-spoke, because I myself could do nothing….I actually should have said, THE LAW…- APPLIED.
What happened with what I came away with I will not disclose, suffice to say he himself had implicated himself to someone he thought was just a journalist, but I was more than that.
I wasn’t the only one who knew what he was doing and wanted to stop it.
What I came away with however, turned out to be his downfall.
As the pieces came together, the vice closed and criminal charges were filed against him.
I was quite disappointed, but the powers that be ( and there BE powers, don’t kid yourself ) cut a deal with him to resign his office in exchange for no jail time. Judges are not looked kindly at in prisons. He was removed from office and fined, and he was a sitting federal judge who had his seat for life…..a very cushy life.
I did nothing. The law did.
The point is this…what these people ARE DOING WILL REMAIN….. Things take time.
We have powerful allies, all over the world. One of them is the former General Counsel of the World Bank.
You have to understand there is really ONE bank, and ONE government…just a lot of divisions. The one thing, perhaps the only, these people fear, is the truth. THAT’s why very very few are getting their day in Court. Its on purpose. Foregone. No truth allowed or if allowed, considered. But the truth does not disappear, it just festers.
This is why I harp on INVESTIGATE – DOCUMENT – FILE FILE FILE.
We know who these people are. They’re not going anywhere.
The laws are there, but our judicial system is being destroyed from within by attorneys AND JUDGES WHO PURPOSELY disobey the law – thinking they can get away with it.
They can’t. Forever.
Judgments obtained by fraud are unenforceable. Financial fraud is one of the big ones.
Aiding and abetting is just as serious. The truth will out, because of people like you and me who do not give up but have the patience to see miscarriages of justice corrected.
It will come in legislatures, in Grand Juries, in Courtroom where some of these people will be looking UP at a judge. Do NOT discredit the new Consumer Financial Protection Bureau. They are buildng an awesome dossier on a LOT of things. So is Homeland Security. So is the Secret Service. So is Interpol. So are other organizations.
We are dealing with replacing our banking and governmental systems personnel and procedures…, that takes time, but in Honor of JFK, Ron Paul and thousands upon thousands of good people in the U.S. and throughout the world, things WILL change.
DO NOT go placidly into the night…. INVESTIGATE. DOCUMENT. SHARE.
Everyone should be contacting all of their elected officials right now and asking for them to take a stand AND PASS NEW legislation to make what IS GOING ON criminal, and take away the ‘discretion’ being exercised right now…our judicial system is dying, and the cancer is moral turpitude…..because THAT’s what were dealing with.
PERSEVERE
( to show you how pervasive the dishonesty is in the system right now, check out what Florida’s Appeals Courts are doing…Lower Tribunals never err anymore, they just ‘abuse their discretion.’ Remember the ultimate source their power comes from – its you and I )
Document Every Event. The first thing a prosecutor will ask you is, “Can you PROVE IT ???”
YOU wanted it you got it jury trial judge Zloch deal blow to wells fargo and ocwen jury trial FLORIDA
Tom,
I live in San Diego and the corruption is exactly how you have described it in your statements below. If you would pass my website on too others it would be much appreciated. Here is the link: http://www.myfight4justice.com which describes my struggles in the just-us system.
I am taking on two multi billion dollar foreign corporations who have defrauded Health Care providers (Doctors) here in America for the past Twenty Years (according to the document they used in my case) As it turns out their attorneys submitted a second job description, which no one has ever seen until it was discovered it in my case files that is! The proof which is actual court submitted documents is located on my website. This document is admittedly used “Sometimes” after an employee is injured and was used by the defense in the Wrongful Termination complaint I filed in 2008.
So far My Fight 4 Justice has gotten me an Appellate Court WIN in December 2012 who sees a problem with them using TWO different job descriptions for the same job position. The Superior Court judge,none the less, threw my case out once again so I am back in the Appellate Court presently for round two. I have sought justice for seven years and my fight is not over yet. MY Appellate Court victory can also be read on my website for those interested to see what justice actually looks like.
Tom is absolutely correct you must INVESTIGATE – DOCUMENT – FILE FILE FILE. and be patient. You MUST do a lot of investigation and if you do eventually their house of cards will fall. Remember FRAUD Succeeds when good people stand by and do NOTHING! Check out http://www.MyFight4Justice.com to view my evidence.. God Bless!!!
PS I was just informed today that a notice of Default was filed last Monday. Now my fight goes to a new front against Mort Backed Securities and US Bank. Who claims they have standing for a loan originally created by Countrywide then Downey Savings both defunct organizations..
Have you reported the LAWYERS FORECLOSURE MILL?…THEY ARE THE ONES OING THE FSLDE RECORD OF NOD OR ASSIGMENTS! REPORT THEM ALL!
just go to SEC it will open idynps there is a radio show on friday night randy kelton rule of law radio you should call in ask about how to get jury trial and out of civil into criminal he smart guy he has had judges arrested before i would love to hear you call in and see what he thinks and what advice he could give you
The website does not open???
That’s a treasure trove of material that will eventually lead to the dismantling of MERS system. These are the reasons why Wells Fargo’s foreclosure manual instructs its agents not to foreclose in name of MERS, they are looking forward to the wrongful foreclosure penalties and another few billions in penalties. Don’t worry, it won’t happen while Eric Holder is Attorney General.
Found this interesting…woud like all of your comments…
on
http://www.edgar.sec.gov
Submit Comments on S7-08-10
Re-Opening of Comment Period for Asset-Backed Securities Releasel
Cases related to CA Homeowner Bill of Rights. http://calhbor.org/2014/03/14/march-newsletter-covers-respas-new-requests-for-information-recent-cases-and-includes-in-depth-analysis-of-new-hud-interpretations-of-the-fha-hamp-program/
Met with non-profit lawyer that sounded like she was employed by the bank. Made complaint to AG almost word for word contradicting this case. She kept saying things like they can have a team and I benefited. Another letter for your Congressperson etc if you don’t have a HBOR.
Shuffling SPOCs Violates HBOR
Mann v. Bank of Am., N.A., 2014 WL 495617 (C.D. Cal. Feb. 3, 2014): “Upon request from a borrower who requests a foreclosure prevention alternative, the mortgage servicer shall promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.” CC § 2923.7. SPOCs may be a “team” of people, or an individual, and must facilitate the loan modification process and document collection, possess current information on the borrower’s loan and application, and have the authority to take action. Importantly, the SPOC “shall remain assigned to the borrower’s account until the mortgage servicer determines that all loss mitigation options offered by, or through, the mortgage servicer have been exhausted . . . .” Here, borrower was “shuffled from SPOC to SPOC,” which he recounted in pleadings, noting conversations with different representatives on specific dates. As a result of this shuffle, borrower had to continually “re-inform” servicer representatives about his situation and constantly received contradicting information. These allegations adequately asserted a SPOC violation. Even if the multiple representatives borrower communicated with were a “team” of people, allowable under the statute, no member of this “team” was able to perform the required SPOC duties. Borrower’s SPOC claim survived the MTD.
Looking to speak with “woodknot” about America’s Wholesale Lender issues. Pls contact me at jurmedica@gmail.com
You are right hammertime. Appears they are all in it together. That’s why I gave up pretty much on attnys, but I don’t know if I can handle being treated
By a judge the way I was on Monday. If I fight back too much. They might try to get me for contempt. Broward cty florida stinks. In some ways I am ready to move on because this foreclosure mess has shown the true colors of this area and I will take honest people over good weather in the dead of winter anyday
I’m with you. I’m in my last round with Chase/City double team. Take care of yourself but our truth can get out there no matter the results. If we have a higher goal all their money and power doesn’t matter. I believe we 4% who have fought back and have been active on the internet stopped them from bullying veterans and seniors like they were.
Thanks Hammertime and good luck to you. The truth always wins in the end and the fact we are still in it for this long shows that. Chase gave me a fraudulent loan mod. I worked so hard to keep my home and chase has wronged me so any times. They have acted in bad faith and they are very well aware of what they have done and continue to do. Chase has always held my note and has intentionally tried to force me out. I don’t care anymore. I don’t even feel this is my home anymore but I am not going to let them say I’m a deadbeat because I have always tried to pay and they have thwarted it
No prob. Exactly how I feel. In my case the note they PAID OFF wasn’t produced for 6 years and now they say it didn’t have to be paid off! Anything’s possible with all this deception. Hang in there yourself. Pressure will be on til Wed. Hopefully we’ll catch up on Chase and I’ll pop in when I can til then.
Good idea tom except we have been doing this on this website. We need to get the media involved. I have been viewing cnbc and commenting to see if I can get someone’s attention. Seems a lot is old news and people are moving on. Just like this wells manual coming out. I’m sure all the big banks have a similar manual. This is big news but it is not getting enough attention. It’s just a matter of getting the right attn and there are more crooks than honest people.
Pam bondi and anyone else in a position as hers should have helped florida more. These courts could have got rid of a lot of the backlog just by doing the right thing for the people of florida. Fear and intimidation by the judge to the homeowner shows what side they are on. All this money from these settlements could have helped a lot and the economy too. Govt is so ignorant and greedy and just plain mean and dirty
Remember, Wall St’s the problem and they are buying off our govt and democracy.
I have just started a new site: http://www.foreclosureinvestigations.org
My goal is to have a site where people all over the Country can share and learn how to put together effective investigations and compile an evidence file that can be used effectively in courts, with regulators, law enforcement and Grand Juries, legislators and their committees, private agencies and attorneys…. and the media, researchers, and documentary makers.
Unless we get an organized movement going that will hold all bankers, judges, regulators, law enforcement and prosecutorial agencies, and legislators RESPONSIBLE FOR EVERY ERROR
and CRIME THEY COMMIT, haul them before public scrutiny and criminal and civil prosecution, this is NOT going to get better.
Apparently Jerry Brown and Pam Bondi, of opposite parties and sides of the country, have diverted massive amounts of money from foreclosure help they received funds under..
it’s time for Federal Grand Juries folks…
and being an election year..unfriendly elected officials and judges must be removed from office
who wants to run for office as an independent…seriously. I’ll help you organize and run a high profile campaign…even withOUT getting elected we can change the way these criminals are doing business.
It APPEARS at first glance, that banksters and servicers are in a state of anarchy and moving things around frantically…HSBC for instance, has EXITED the mortgage business altogether themselves it seems, electing to spin off to a mortgage entity and selling portfolios to 3 or 4 other firms, including PHH.
LEARN HOW TO DO GREAT DISCOVERY and EVIDENCE COLLECTING..hopefully once my site gets going, it will be a great help to you…
Thinking along the same lines but caught up in stopping sale. This site is a great help but we need to be more effective and it needs to come from us. The CA lawsuit is great but in the end it’s focused on education funds that are going to go to possibly non-profit bureaucracies or the lawyers. Research should be only one of the quivers and there are some great resources out there. The emphasis on grand juries and grass roots action could be a good twist I’ve talked about.
Big waste of funds these educational/credit counseling places. Borrowers were duped with these creative financing loans by these banks. They bought on a payment that grew its the banks that need the education, really the word should be prosecution for duping all these homebuyers into thinking they could afford it. I have no clue what it will take but buyer beware and I hope in the future people think twice because history does repeat itself.
Thank you for the link to the case in New Mexico. I briefly looked at it looks like it might be helpful. Also, I do believe they can no longer use MERS in the State of Washington, kind of a red flag to attorneys and judges here.
Sounds like a great idea. I am still trying to get everything together in order to file a case, so don’t think I would be much help. I have been kind of waiting to see the outcome of a couple cases here in Washington State, there is one where a judge has stated that the Deed of Trust Act here maybe unconstitutional according to the state constitution because it doesn’t allow one due process (Washington is a Non-judicial foreclosure state). There is also suits against a couple of the trustees that are actually owned an operated by law firms which often represent the banks, which is a big no no. The trustee is supposed to be a neutral party. Anyway I guess I would be interested in finding out how other people in non-judicial foreclosure states are handling their cases. I think some things are handled differently depending on whether you are in a judicial vs non-judicial foreclosure state.
Non-judicial has been criticized for lack of due process before MERS etc. Had a long post but it blew up will add later. But here’s a good case http://stopforeclosurefraud.com/2014/02/13/bank-of-new-york-v-romero-nm-kick-ass-case-bony-did-not-introduce-any-evidence-demonstrating-that-it-was-a-party-with-the-right-to-enforce-the-romeros-note-either-by-an-indorsement-or-pr/
Consent judgment excerpt: (Chase) p 203
3. Enforcement Action. In the event of an action to enforce the obligations
of Servicer and to seek remedies for an uncured Potential Violation for
which Servicer’s time to cure has expired, the sole relief available in such
an action will be:
(a) Equitable Relief. An order directing non-monetary equitable relief,
including injunctive relief, directing specific performance under
the terms of this Consent Judgment, or other non-monetary
corrective action.
(b) Civil Penalties. The Court may award as civil penalties an amount
not more than $1 million per uncured Potential Violation; or, in the
event of a second uncured Potential Violation of Metrics 1.a, 1.b,
or 2.a (i.e., a Servicer fails the specific Metric in a Quarter, then
fails to cure that Potential Violation, and then in subsequent
Quarters, fails the same Metric again in a Quarter and fails to cure
that Potential Violation again in a subsequent Quarter), where the
final uncured Potential Violation involves widespread
noncompliance with that Metric, the Court may award as civil
penalties an amount not more than $5 million for the second
uncured Potential Violation.
Nothing in this Section shall limit the availability of remedial
compensation to harmed borrowers as provided in Section E.5.
(c) Any penalty or payment owed by Servicer pursuant to the Consent
Judgment shall be paid to the clerk of the Court or as otherwise
agreed by the Monitor and the Servicer and distributed by the
Monitor as follows:
1. In the event of a penalty based on a violation of a term of
the Servicing Standards that is not specifically related to
conduct in bankruptcy, the penalty shall be allocated, first,
to cover the costs incurred by any state or states in
prosecuting the violation, and second, among the
participating states according to the same allocation as the
State Payment Settlement Amount.
2. In the event of a penalty based on a violation of a term of
the Servicing Standards that is specifically related to
conduct in bankruptcy, the penalty shall be allocated to the
United States or as otherwise directed by the Director of the
United States Trustee Program.
3. In the event of a payment due under Paragraph 10.d of the
Consumer Relief requirements, 50% of the payment shall
be allocated to the United States, and 50% shall be
allocated to the State Parties to the Consent Judgment,
divided among them in a manner consistent with the
allocation in Exhibit B of the Consent Judgment.
Consent judgment excerpt:
P 202
J. Enforcement
1. Consent Judgment. This Consent Judgment shall be filed in the U.S.
District Court for the District of Columbia (the “Court”) and shall be
enforceable therein. Servicer and the Releasing Parties shall waive their
rights to seek judicial review or otherwise challenge or contest in any
court the validity or effectiveness of this Consent Judgment. Servicer and
the Releasing Parties agree not to contest any jurisdictional facts,
including the Court’s authority to enter this Consent Judgment.
2. Enforcing Authorities. Servicer’s obligations under this Consent
Judgment shall be enforceable solely in the U.S. District Court for theDistrict of Columbia. An enforcement action under this Consent
Judgment may be brought by any Party to this Consent Judgment or the
Monitoring Committee. Monitor Report(s) and Quarterly Report(s) shall
not be admissible into evidence by a Party to this Consent Judgment
except in an action in the Court to enforce this Consent Judgment. In
addition, unless immediate action is necessary in order to prevent
irreparable and immediate harm, prior to commencing any enforcement
action, a Party must provide notice to the Monitoring Committee of its
intent to bring an action to enforce this Consent Judgment. The members
of the Monitoring Committee shall have no more than 21 days to
determine whether to bring an enforcement action. If the members of the
Monitoring Committee decline to bring an enforcement action, the Party
must wait 21 additional days after such a determination by the members of
the Monitoring Committee before commencing an enforcement action.
Chase Consent judgement excerpt:
P 199
Satisfaction of Payment Obligations
6. Upon the satisfaction of any category of payment obligation under this
Consent Judgment, Servicer, at its discretion, may request that the Monitor
certify that Servicer has discharged such obligation. Provided that the
Monitor is satisfied that Servicer has met the obligation, the Monitor may
not withhold and must provide the requested certification. Any
subsequent Monitor Report shall not include a review of Servicer’s
compliance with that category of payment obligation.
P 200
5. In addition to the Servicer’s obligation to cure a Potential Violation
through the Corrective Action Plan, Servicer must remediate any material
harm to particular borrowers identified through work conducted under the
Work Plan. In the event that a Servicer has a Potential Violation that so
far exceeds the Threshold Error Rate for a metric that the Monitor
concludes that the error is widespread, Servicer shall, under the
supervision of the Monitor, identify other borrowers who may have been
harmed by such noncompliance and remediate all such harms to the extent
that the harm has not been otherwise remediated.
Taking notes on settlements/Consent Judgment i.e. national mortgage settlement. Chase file.
If getting jerked around on standing could be a resource. Could be tool for individual or organized approach. Here;s one part I’ll post a couple of others to get a feel.
The following items from the Consent Judgment
P 206 Consent Decree (standards? matrix)
1. Did the foreclosing party have legal standing to foreclose?
3. Was the borrower offered a loan modification fewer than 14 days before the foreclosure sale date (unless the borrower declined the offer or the servicer took appropriate steps to postpone the sale)?
p 224
(d) Activities related to the executing, notarizing, transferring or recording of mortgages; the obtaining, executing, notarizing, transferring or recording of assignments; or activities related to the use of any mortgage registry system, including MERS, and including the transferring of mortgages or assignments using MERS;
(g) Handling and resolution of inquiries, disputes and complaints by or on behalf of borrowers and frequency and adequacy of communications with borrowers;
p 196
23. If the Monitor becomes aware of facts or information that lead the Monitor
to reasonably conclude that Servicer may be engaged in a pattern of
noncompliance with a material term of the Servicing Standards that is
reasonably likely to cause harm to borrowers or tenants residing in
foreclosed properties or with any of the Mandatory Relief Requirements,
the Monitor shall engage Servicer in a review to determine if the facts are
accurate or the information is correct. If after that review, the Monitor
reasonably concludes that such a pattern exists and is reasonably likely to
cause material harm to borrowers or tenants residing in foreclosed
properties, the Monitor may propose an additional Metric and associated
Threshold Error Rate relating to Servicer’s compliance with the associated
term or requirement.
You are EXACTLY right !!!!
HOWEVER, if there is ANY good news, its that the servicing agreements nearly across the Board have given FULL OWNERSHIP DECISION RIGHTS TO THE SERVICERS…thus the servicers could MODIFY EVERY SINGLE LOAN THEY HAVE without ANY NEED of ever talking to the “investors” or getting anyone else’s permission
..and I can point you to the sections for you to show the judge, then show them the Settlement Agreement, then tell Eric Holder the servicers ARE VIOLATING THE AGREEMENT and ask for Indictments..if he doesn’t, HE gets thrown into the group of conspirators…pretty simple formula, which is all that the legal system is
it has been a rule/law that only the NOTE HOLDER can modify or re-fi a loan…which has been a bone of contension that homeowners are wasting their time to gather “proof of income, utility bills, etc.” and fax over and over again because the bank needs this or that and it’s all bs because the servicer has no authority? Tom, please provide whatever you are suggesting stating the “servicer” has the authority?
What is the ONE thing the Banking Cartel doesn’t want…. for the entire Truth to come out
THAT should be our collective purpose…there is a HUGE amount of evidence to go through.
I still want a transcript of the secret private meetings Obama had with the Cartel – which he is refusing to release. We should ALL demand they be released.
The NEXT thing we should all demand is that Eric Holder apply the same standards to the Banking Cartel that he just applied to Toyota.
The Justice Department just announced one of the largest fines ever imposed on an automaker, $1.2 billion from Toyota for the way they handled the dangerous unintended acceleration of its vehicles
Time magazine reports the four year investigation began after an off-duty California Highway Patrolman and his family “barreled off a highway at 120 miles an hour and were killed, despite desperate attempts to stop the borrowed Lexus they were driving.”
It seems millions of American Homeowners barreling off the highway of home ownership qualifies for a similar investigation and penalty, Mr. Holder and Mr. Obama.
Holder announced today. “Rather than promptly disclosing and correcting safety issues about which they were aware, Toyota made misleading public statements to consumers and gave inaccurate facts to Members of Congress,”
Same here, Mr. Holder. Do your job or resign.
I strongly suggest each one of us and everyone we know which we can convince to do the same, publically, in letters to our two U. S. Senators, our Congressperson, Eric Holder himself and President Obama, and our local newspapers, TV, radio stations AND ELECTED OFFICIALS demand the same, and follow through with ongoing meetings. Let’s deluge everyone with evidence. There is a TON in your local Courthouse as well as in your own files !
The SECOND thing the Banking Cartel fears, is being put out of business and replaced as “Owners of the World”.
THAT is the ULTIMATE goal.
Rep. Edolphus Towns, D.-N.Y., chairman of the House Committee on Oversight and Government , and all his Committee members should be on a first name basis with each of us, as we should be with our Senators and Congressperson.
We owe this to our children and future generations.
Tom
Well, great idea except for the fact that Eric Holder will never be of any help whatsoever. He worked with Covington & Burling Law Firm and contributed to the creation of MERS!!
No Help with him~
I have question my loan originator FGC assigned my mortgage to DBA fremont mortgage on 6/13/2005 done by MERS ,In 2007 they went bankrupt in 2008 CMS notified me saying there my new servicer i went down to land records office no assignment on recorded so i called CMS asked them who they are and what gives them the right to service my loan it was not recorded at the county the only true and recognized and official records they lady from CMS told me they due there assignments threw MERS which we know bunch bs now fast forward in 5/26/2011 there trying to say FGC commercial MTG fin assigned my loan by MERS to Deutsche bank here my problem with it if FGC went bankrupt in 2007 they no longer handle mortgage how could the assign anything there no longer in business they could assign some thin they did not have second of all the only authorized party who could due assignment would be the bankruptcy trustee for the bk lender if MERS did assignment on behalf of bankrupt entity is that criminal violation of the bankruptcy code another point is if mers held the mortgage as nominee for lender who was out of business or liquidated in bankruptcy there could be no party legally able to assign what i think happen CMS bought some of FGC assets in bankruptcy my loan was one for example i dont think they ever assigned my loan to CMS and that’s why it was never recorded Last but not least that bogus assignment it was done by VESTA LAND TRANSFER CORP the advertises the most cost and time efficient services from default to closing available in the industry plus the due the own in house processing there address is the same for the law firm that is suing me vesta recorded the assignment by MERS plus my assigment was done by and signed by a robo signer tom croft CMS sent bad papers to vesta prepared and filed a fraudulent assignment plus my PSA stanwich asset acceptance company the registered sec agent made no assignment of mortgage to anyone party that’s is named in my lawsuit what due you guys think i would like your feed back
That’s a fact for him to be replaced…conflict of interest, or would it be more of Aiding and Abetting.
Should we act as our own Grand Jury ???
Republican or Democrat, they are the same Clique aren’t they, the same group JUST WITH DIFFERENT NAME TAGS…the Republicans have their own uprising, where are the Democrats who will take on the corruption and criminal behavior within THEIR party
John, YOU DO KNOW that being in court means you have an Open Door to DISCOVERY…get those subpoenas out there, schedule your depositions…
I know a GREAT group of Court Reporters here in Florida that will even help you do Skype depositions.
Get facts, put them before the court
Contact others who have gone against these same people and get THEIR discovery..
One thing I have come across is that people do not know that records of law enforcement agencies and regulators are OPEN TO THE PUBLIC with relatively few exceptions, open and ongoing investigations being one of them, but THEN YOU know what they are looking for from YOU to complete THEIR picture.
WE SHOULD NOT WORK ALONE…any of us
I was startled by one of the big corporate law firms revelations to me about the civil recourse I have…shocked actually
@ John sounds like you may want to layout dates of assignments etc and check if properly recorded, transferred depending on your state. If CA, Glaski may be good to review. Also you may want to check the money trail. Of course not legal advice.
Bpbbi
I don’t do any banking on a computer .For years .Thats why i had the credit card problem
with Capital. They refuse to take cash at in Capital Bank I mailed them a USPS order with proof etc and they said they did not get it when i sent them a zerox of proof they cashed the original postal money order, where did they get it from?
There’s legal hacking and then there’s illegal hacking. We prob need to turn the tables more on them or we’ll have to go back to the stone age. Kind of funny situation where I contacted a lawyer who was on a case that was distributed and they got upset their direct line was on there. The person that sent the email had a strong confidentiality warning in their signature so I told them I couldn’t send but they wanted me to give them their info anyway! Maybe we should put a warning on our emails and report them when they mess up! Modern version of catching Al Capone!
Void judgments are a nullity.I have been fighting these void ab initio judgments since 1997 No statute of limitations The case was under Federal jurisdiction when a State judge without any authority signed two void ab initio judgments. Chief jonathan Lippmann ruled this is unconstitional but judge Schlessing who was asked to mark it vacated took money from Fidelity Title. ———-get it
lms53 – you are putting your whole picture out there if you don’t have an anti-virus program running. No wonder it’s acting wierd. ANYTHING you do on the computer with the internet (banking, emails, searching, buying), ANYTHING puts you at risk! Attorneys are hired by the banks; they don’t work FOR them. Attorneys don’t go on the payroll of banks and most of them don’t know squiddly about computers. REAL hackers are out there to get informtion that they can SELL….and they aren’t going to work for attorneys either. There’s big money for hackers who have info to sell. I highly doubt that the measly hourly rate that attorneys pay their employees would meet the requirements of a hacker!
thanks bobbi, I am aware of that and I don’t do any banking or anything at all with account # on line, but I am in need of a good antivirus program. I have with my internet service. I just have to download it and I am going to now. I don’t think I was ever that active on the internet until my foreclosure and then I started searching it for info about foreclosures and that is how I found you all and I am glad I did even though we will probably never meet. It is good that we can vent here and maybe gain some knowledge to get all of us thru this terrible mess brought upon us by the banksters. Im old fashioned, I still order checks.
my response was to bobbi swann. sorry Tom
They have a second computer set up in An Astoria bank building in Garden City ny/
Both my florida cell phone and my home phone gets switched to phones set up in Garden City
I have lots of anti spy ware etc, it doesn’t over come a second computer as if its just aniother computer or phone for Astoria.
All banks have hackers on their staff for knowledge of protecting their own books,
that’s right Marilyn and we know how crooked their books are.
Tom
The debt collector attorneys MJRFwho hid four mortgage checks no longer work at Astoria but after the time they auctioned off my two condos without owning them I learnt the computer. and saw Astoria Federal /Fidelity had won a Winstar lawsuit of $437 million for giving goodwill to The Bank mixed up in stealing my properties. I went to OTS, OCC,, Bush, Clinton Spitzer. State Judges Federal judges and finally it good reversed vacated and they lost the $437 million .
For arilyn Lane and Lms53 – I highly doubt that Astoria is hacking your computer, Marilyn nor yours either,Lms53. You both need to get a good anti-virus program, set your defaults on your firewall a little higher and a good ‘cleaner’ to scrub out the ones that are already in your hard drive! Really, getting a little bit paranoid??!!! As more and more high tech comes on the market there are more and more hackers out there who just love making you crazy for no other reason than they love it! Your typing response has little to do with ‘hackers’ and more to do with spyware and virus. And you may want to check what your keystroke speed is set on your computer, Lms53.
bobbi, it only gets slow when I respond on this website, but I do need an anti-virus. this is the only blog that I am on though. I think all of us who are on there and have made it this far thru the foreclosure process (6 years and I am not bragging) but we are knowledgeable enough to fight this long, that maybe the banks crooked attnys think they can gain something too. Sounds crazy I know but I would not put it past the banksters and their crooked attnys.
ims
I have all sorts of strange typing and my typing all over the page on my computer too but i have hackers on my computer from Astoria Federal S & L.
If u ever communicatd with bank or their attnys via email, they can hack ur email, Im sure of it. and I am not paranoid, if you are fighting them and you have valid defense, they will hack you.
something is weird, because when I type a reply, the typing gets slow and non responsive. this is what happens when I type regular:
See you cano kep up with the wds as fast a s I am typing I am not that d a typist, strang uh!
David, do you not want to get a modification or are you saying chase will never give you one no matter how much you try
Chase mods my loan three timed without my permission
So why apply lol
david, was the mods good or bad or u knew better than to fall for their mod scams.
I completely filled that in for one report for equifax and equifax replied ” I” can’t get it on line and it will take 15 days to mail it to me after the receive the filled in form
– there was really no reason for that.
I have found the credit bureaus work with with all the corruption.they definitely know i argued with Capital so they side with the credit card companies..
this garbage has happened to our whole nation.
Marilyn sorry to hear ur situation. I too have started to hate where I live and it is chases fault for all of the aggravation they have put my son and me thru. People r ruthless these days and we r living in a survival of the fittest society
thanks for the court house information. ( am not making anymore attempts to pay them, they refused cash at Capital bank. Since they know my two condos were stolen they are trying to get a claim on my properties with a judgment The asst property manager at/ the REIT i live in is a felon and trying to do the same. I went to court and won and have a roof over my head but hate it here.They all band together and know i need a credit report to get out, july I will go even if i have to be homeless. I have always paid my rent on time and they make up other issues to try and get that judgment. They intentionally put in a wacko in the downstairs apt so that i break my lease.
no shortage of dishonest people.
does anyone know who sells credit reports? (my own)
What do you mean by ‘sells credit reports”??? You can obtain one free report per year on yourself. There are sites online
when i was ousted by the fraud i couldn’t get a c edit epo t .In Flo ida i paid someone $300 and got my on a st eet in two hours.
To – can you e more specific about the McCollough v Johnson et al case? I cannot find it. Is it the 9th District in Montana or another state ruling?
Another corrupt experience with a bank this morning. This time Cajpital One Credit
I was paying off a credit card I closed at a minimum amt of &$16.per month. Then they hid one
timely payment of $16 and say you now have to increase it to $32 not that i can’t i won.t
Who ever posts to stop making payments of any kind to a bank is RIGHT, you don’t get your payment credited. The thieves at the banks all keep coming up with new scams
remember Marilyn in the bible, “slave to the lender” I cant wait till Im free and my day is coming. They will keep coming up with them as long as no one is prosecuted criminally and I would not hold my breath for that.
I don’t carry any credit card debt and I have never been in debt in my life until Chase thru me into foreclosure and packed on all those bogus back fees. I always pay credit cards in full. Get rid of credit cards if you cant pay them in full. They will keep you in debt.
Chase was/is not the only one filing these ‘bogus’ credit card claims…..
http://www.courthousenews.com/2014/03/14/66139.htm
im in florida and the AG here is no good. Why did she fire those 2 attnys that were getting to the bottom of this mess. She is just as bad. Blackstone group is just looking for the next foreclosure victim so they can snatch up your house and rent it out on a long term lease and bundle that up and sell it. I guess they just have not learned and that’s because they are the “untouchables” criminally. I am by the beach and blackstone a/k/a Invitational homes are buying and leasing long term. Investors have driven the prices up and no decent hardworking person can afford a good house as in my area. They are trying to drive me to the “hood” to live in . They can kiss my a**. Florida Sucks. entire state is corrupt.
I hear you ! We finally learned that the banks are crooked. They accepted $6,306 from us as first payment of making homes affordable on Jan 8 2014, They sent a statement that proved monies received from my certified funds. They deny me being in program and say it is my fault for getting scammed. The Sheriff put up a eviction notice (24 hour) and I had to pay thousands to lawyer to get motion for writ of possession and motion to vacate the foreclosure sale. I have written proof they avoided me for a month up until the day the first trial payment was due at which they said, I was never in the program and now its too late anyway. We filed complaint with Florida AG, NY State Financial Services, TARP Fraud Hotline, and made a FOIA request of Us Dept of Treasury asking if our loan was part of the bailout. I will fight this with EVERY cent I have and my family has offered another $50K to fight them. I hope it is enough we have a very uphill battle. I never realized how crooked Florida , and America is. This country is OVER. America is GONE people, trust me. Gone. We are F***ED. Sincerely, Rich in Florida.
Tom how do u discover your PSA. I don’t believe there is one. How do u find out. I too had a hearing today and the judge was so nasty. I found it strange that some attny I never met recognized me and called my name and when I ask him how he knew me. He said he saw me sign in. Also the judge treated me like crap and I had my keys out and the sheriff lady told me to put them in my pocket like I would do something with them. These people are whacked and we are in the courtroom fighting are asses off to save our home and they want to intimidate us with their crooked ways. System is definitely rigged
Should complain about the judge. He is either overworked and burned out or just plain crabby. They want to intimidate and scare us away so we will give up. There were only a couple other homeowners there. We r the outsiders trying to get an inside on this unbelievably crooked process and the courts don’t want any witnesses to their crookedness so they scare u out.
This is the very reason I am suggesting that, we the people, bring this fraudulent
foreclosure practices to the Attorney General, District Attorney or even a local Sherriff because it is criminal….not civil…we must get our issues out of the civil courts…YOU CAN’T WIN…no matter what you prove!!
The 2 hour Special Set hearing in my case today was interesting….. the issues were limited to only my Motions which had been filed prior to the original Feb 7th hearing date at which time Bank of America had just substituted in Counsel, the first since Ben Ezra Katz withdrew some years ago. March 17th 2014 is the first hearing on those relatively few Motions I filed in December and January… there are still the majority of my Motions to be heard and trial is set for April 23.
ALDRIDGE CONNORS refused to appear, although I spoke to one of their attorneys I dealt with previously in the hallway and served her some materials. The Magistrate refused to grant my OSC and Motion to sanction ALDRIDGE CONNORS, who I maintain expressly and flagrantly violated Florida’s Rules of Professional Conduct, and did not obtain court, client, or previous Counsels approval to be legally considered Attorney of Record. I maintain Carlton Fields Jorden Burt may not act as co-counsel to attorneys who are not properly of record. Without ALDRIDGE CONNORS appearing, I feel my Motion for Sanctions should have been granted, but the Magistrate did not agree.
I came away with some Certiorary issues, but the most important thing was my Motion to Compel viewing of Original Evidence WAS granted, and for the FIRST TIME SINCE APRIL 2008, I WAS ABLE TO INSPECT THE ORIGINAL NOTE AND MORTGAGE !! The Magistrate and Michael Winston made it known they held ME culpable for the six year delay in my case, to which I made it known the “near hostility” of the Court was improper. The Magistrate granted my opposition to Carlton Fields trying to slip in a change of party plaintiff and left it for a triable issue, as well.
Foreclosure action filed April 2008, allowed to inspect March 2014. MY fault ? Why are the foreclosure attorneys being allowed near Carte Blanc and the banks not required to document EVERY step of the chain of ownership.
I withdrew my Motion for Judgment against Bank of America and will engage in settlement discussions with them of our issues.
The issues are simple…either my Original Lender never transferred ownership and my accord and satisfaction should be upheld by Florida’s courts, or if HSBC DID acquire ownership, I am due AFFORADBLE PAYMENTS ON ANY LEGITIMATE BALANCE STILL DUE.
One or the other.
And THEN there’s the issues of all of the banks deception, misrepresentations, and unfair conduct……… I refer all of you to read 9th Districts McCollough v Johnson et al decision a few years back ( Montana case ).
The system is rigged. My suggestion ? Discover and Document the truth and share it with each other. My pleadings and depositions will be gladly shared. Wells Fargo’s internal Manual is now online as well, I suggest you all obtain a copy. You all know how to discover your Pooling and Serving Agreements and Registered Holders, and MERS in and out materials I hope.
Documenting is something ‘they’ don’t want you to do. One reason to DO it, right ?
“They” read this ? Great !!!..now hacking my other accounts and emails is criminal, how do we prove THAT ?
Time for all of us to contact all Florida legislators and ask for legislation reining in judges and lawyers with SPECIFIC requirements…they are out of control.
Tom
Tom what can u use to prove that your note was never xferred. I definitely know mine was not but the bank always acted like they had to have investor approval which would delay any loan mod I was trying to get. It was always a stall tactic on the banks part because we all know that the plaintiff holds the note. Fannie Mae is a facade that the banks hide behind. They are LIARS.
They r included
The court doednt know about the change in ac nos
Regards
David
Do u mean that their r included in the mdl lawsuit that is the ones where the acct numbers did not change, david
Yes
What about the chase borrowers where their loan # did not change. To me that means that chase is the sole holder of your note.
Tom-
I am here in new york and my computer, cell phonand house phone are all hacked by
Astoria Federal S & L
I believe you Marilyn. this website is too.
Would be good to figure out if actually hacked or if trolls. I’ve had experience w/ possible trolls on here; people possibly posing as wanting to share info then not responding. If phone and cell phone though probably hacked or spyware.
Chase is trying to get re-affirmations on loans that sere not transferred.
I agree however in my case and perhaps up to 2 million other cases, chase changed the interest rates and loan terms of my loan during the transfer. title 12 u.s. banking act, says that the loan can not be changed after the transfer. now chase has made my loan per their notice from chase.com website to `11.7 percent and balloon payment of 312,000 dollars at “.7 percent. the uscfpb has know about this for months and looks the other way. allegedly. and more importantly chase has refused to turn over the old loan numbers to the federal judge in boston ma in that mdl case I posted about so all those people will not get a notice and the plaintiff attorneys gets $ 10miilion dollar alleged bride and the six other law firm s across the us trhat handled this case and the homeowners get absolutely nothing. I got so angry with Gretchen obrist of kellerrohrbach.com in seattle that I filed a complaint with the Washington state bar.
david, I also contacted one of the attnys representing the plaintiffs on this mdl suit. He was helpful at first, but I know they too were just in it for the paycheck. If the suit got as far as it did, they should somehow got them to admit to their criminal actions, but I am sure they were told to backoff and don’t make the banks admit to any wrongdoing and you will have a nice payday and again the homeowners are screwed. I had a hearing this morning and the judge talked to me like I was s***. they are all trying to put this fraud behind and move on. I hope they all rot! I hate to say it, but I really don’t expect much from this settlement either. They breached contracts, the good old American kind and it does not seem to matter to anyone.
someone should sue the AG in florida. she is deep into it too.
They hope it will be a template for any state that diverted funds. As Tom was saying we have to hit on all fronts.
Chase is bugging me every day to apply for a new mod but it ain’t happening
Same here. They actually insist I’ve asked for assistance when I didn’t and then gave me an offer to “forgive” a few hundred thousand off purported debt. It had a slight catch that would have cost them less than $20,000 to resolve. Makes you wonder.
in my case they breached a hamp loan mod not one time but twice. I am sure they are going to try a way to worm out of making good on this class action too. you have to stay on top of their game.
Definitely. You have to question whatever doesn’t seem right even if they claim to respond or claim their acts are valid. From the first payment in ’08 I was told that a reconveyance was all that’s needed and now I’m glad I kept questioning it with Homeowner Bill of Rights 6 yrs later. Have to keep pushing even with all the problems. BTW Gov. Brown is being sued for diverting funds that should have gone to homeowners.
Good current reference on non judicial and FL cases:
http://livinglies.wordpress.com/2014/03/07/gkw-publishes-memo-on-arizona-steinberger-case-with-florida-case-citations/
The NM case hits on pretender lenders and basic/homeowner rights it seems:
http://livinglies.wordpress.com/2014/02/18/new-mexico-supreme-court-wipes-out-bank-of-new-york/
This case was referred to me by someone here:
http://mariokenny.me/2013/07/27/rogan-v-vanderbilt-mortgage-finance-inc-in-re-dorsey-491-b-r-464-bankr-e-d-ky-2013-if-a-note-is-pursued-by-a-party-that-is-not-entitled-to-possess-and-to-enforce-it-the-mo/
Here’s the bk adversarial opinion from 5/13:
http://www2.kyeb.uscourts.gov/opin/schaafopin/12-3010%20Rogan%20v.%20Vanderbilt%20Memorandum%20Opinion.pdf
Here you can download the appeal:
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CDAQFjAA&url=http%3A%2F%2Fvolo.abi.org%2Frogan-v-vanderbilt-mortgage-and-finance-inc-in-re-dorsey%2Fopinion%2Fdownload&ei=r-kkU73kMcShogSD2YHAAw&usg=AFQjCNGx-CgQvvgMt6srTBJeJFT55io5HQ&sig2=Ov7ddpf07Q8zKgvkaylB9Q
I was pointed to footnote 5 on p 9 as applying to cases where fdic and possibly others took over notes?
Not legal advice just passing along information.
so you think someone is obtaining our email addresses and hacking our accounts ? Give me all the info you have !!! They don’t have to search for MY email account, I’ll give it to you and everyone….it’s reachth@yahoo.com
We can’t testify in each others matters even if we wanted to….. we have no first hand knowledge of each others matter.
The Fla AG is holding back right now waiting for more input and developments. Pam Bondi is one of the insiders along with the 4th District Court of Appeal, in trying to quash all the investigations into the wrongdoing of the banks and foreclosure mill attorneys – neither is doing very good at it, as it is out of their control in the long run. Be interesting to see who THEY have their investments with.
Bondi fired Theresa Edwards and June Clarkson because they were threatening the MERS system. PERIOD. The MERS system is intended to have the majority of homes owned by “The Collective”, and that’s why so many judges don’t want to buck the system…..it’s the system that put and keeps them where they are for the most part. That said, NO judge is ABOVE the law…we are ALL under it…it’s what drove Nixon out of office. Even the judge who threatened April Charney when she brought a reporter into court with her, could not dissuade her from doing what was right and legal. The judges don’t want to ruin our banking system, but by destroying our judicial system by blantantly and brazenly disregarding it is even worse…our banking system can be reformed into abiding by the law and the criminals replaced by law abiding bankers.
Don’t look for our 2014 Florida legislature to help, they’ve pretty much been told hands off.
It’s ALL OF THIS that we are fighting. The best way is to BRING ALL THE FACTS INTO THE OPEN and then apply the law. Simple as that.
tom, same with me, fannie mae and chase claim ownership, my note has never been sold/transferred as chase wants to claim. I have hearing on mon. I will try and pop in on yours. sounds right up my way. hope to meet you.
when and where?…very interested!
Are you talking to me CV4 I’d say judge Edith Millers
ruling when the two fraudulent foreclosures began
. After that I filed a petition in Federal Court in Southern District NY – case was docketed that Lane ( M.Lane) v Astoria/Fidelity had demanded and PAID for a jury trial. I have all the papers in a vault.
What we need are our Attorney Generals fighting for our Constitution. Back a while judge Edith Miller now deceased ruled for me when the bank hid my checks and when the bank made their offer she reversed herself but the NY DA was smart enough to have her retire
Tom
I went into Federal Court on a Credit type decision and Judge Louis l Stanton ruled for me and demanded i ask the bank for settlement and then when the bank came with their offer the judge reversed himself.
I guess I’ve discovered how to get rid of foreclosure mill law firms and get straight to dealing with large corporate firms. Sterns office abandoned the case he filed against me in 2008, it was picked up by ALDRIDGE CONNORS in 2012 who refused to discuss the case with me until after – surprisingly in December 2013 – setting it for trial, and thereafter switched me around to about 15 different staff attorneys until calling in the big guns at Carlton Fields (who last time managed to help me get a new apple for going after Wells Fargo).
On Monday March 17th there is a Special Set hearing to hear Motions I’ve made – including for Sanctions against ALDRIDGE CONNORS. Anyone interested can attend, although last time the public was excluded (improperly, in my humble opinion). Trial is set for the end of April, and my extensive research has turned up FASCINATING new possible crimes – including Wells Fargo maybe having forged another Assignment and possibly an endorsement… matters Feds are all of a sudden perked up about… it seems WELLS FARGO may be operating FOR THEIR OWN ACCOUNT in my matter (trying to personally obtain a windfall), which could open a massive criminal matter that COULD result in Indictments. I am pushing for the WHOLE TRUTH to come out in my matter… I didn’t think the banks or foreclosure mills wanted that, but it’s going to happen in MY case. (I AM a broadcast journalist !) With my original lender saying my loan is satisfied and they never transferred it away, Wells Fargo having obtained my original Note and Mortgage with just a simple request to the Custodian bank my lender stored it with (which could make Wells AND that institution guilty of committing financial fraud), and now nearly a half dozen entities claiming rights under my (tiny) mortgage which, if the United States Bankruptcy Court is to believed is satisfied and doesn’t exist any more, my case could just become as interesting as the Credit River decision ( you all KNOW about the Credit River decision, don’t you ???? )
Tom
It will be an interesting Monday
Go get ’em Tom! I’m getting ready for consultations and City shenanigans.
That’s right Bobbi. That’s what the banks are counting on. While they never have an ending supply of money. We the average consumer do not and I have spoke to many att us and most want nothing to do with working out a solution for both. I am done with attnys. I never was involved with Mers and maintain that chase has always held my note, mtg and the servicing. This class action is it for me. If chase does not make it right. I am getting out and moving on so I can still buy while rates are good. After seven years. I have had enough sleepless nites.
Wat you’vs said above is true for the most part, except that MERS was created as a means to avert the public records and the filin fees of individual loans as assignments. MERS was created as a ‘tracking’ station for all those loans that were bundled and sold. Most of the courts have deemed that MERS is not a lender and therefore cannot own notes or mortgages but again, those other courts have allowed foreclosures filed in the name of MERS as one of the plaintiffs. Several county recorder’s offices have filed suit against MERS for the loss income from unrecorded assignments etc. The outcome I have not seen as any penalties or justification as most of the time it is settled out of court and a small pitence of what should have been paid in the way of recording fees. Unfortunately, the recorder’s offices can’t sue them on behalf of the homeowners sine they have no jurisdiction to do so. I’ve already tried using one of those cases as proof in my own case of fraud and the judge claimed it had no bearing. And, you can’t get a foreclosure case moved to a crimminal division. It’s always considered a civil suit. And if Schneiderman had such a hard time with proving fraud on the crimminal side then what are the odds that an individual fiing crimminal charges is going to stick? NONE. Schneiderman had/has much more financial resources than we as individuals have at our disposal. This is just what the bankstas are counting on anyway….drain you down until there’s nothing left and still steal your home and all by the grace of the court system!
Bobbi….I am not saying to take these foreclosure cases to criminal courts…take the FRAUD to the Grand Jury…we are victims of a CRIME….that is against the Law….falling behind on our mortgages is not criminal…..I am urging going in another direction!! That is what I have just done after loosing in the Circuit Court and now the Appeal Court…with NO OPINION offered on why?
I will keep this website aware of what happens!!
hi you say you want to get your case into criminal court there is show on friday night randy kelton rules of radio i would love you to call into the show he has away you can get your case into criminal he has judge arrested for not accepting evidence subject matter jurisdiction let me know i would like you talk about your case let me know if your going to go on i want to listen and i bet you will be surprised on how he can give you advice to help you
@ ldynps – g to our state attorney general? Are U kidding?! Our AG (Pam Bondi) is as crimminal as the bankstas. She even had two of the other attys fired and relieved of their job b/c they opened a crimminal investigation of several law firms here in Florida. When they began uncovering the fraud, deceit, etc. they were suddenly fired! And one of those very same firms was a donor to her campaign fund. She took the settlement monies from the Mortgage Fraud Settlement Agreement (which was 50 states nationwide against 5+ major lenders) and gave it to non-profit (hahahaha) agencies geared to help those in foreclosure and the rest of the funds were grabbed up to make up the short fall in the state’s budget! Those who were harmed by the fraud never got a dime of that money. We can’t go our AG’s office for help – that’s like putting salt in the wound, but nice try for your advice. Some states (not many, but a few) have decent and honest AG’s.
You are absolutely correct Bobbi….however, that was two years ago the AG’s know more now than then. This fraud is criminal…not civil so the attention must change to go in that direction…FBI….District Attorney’s and all crime fighting departments….as long as we keep fighting in the civil courts, 99% will loose….My advice is to go in another direction, the civil courts are not helping WE THE PEOPLE….Nothing ventured, Nothing gained!!
If you have owned homes in the past, you were able to go to your bank and get a RE-FI as many of us did if we needed cash for medical issues or a new roof!! It was called a RE-FI because that’s what you were doing…REFINANCING YOUR HOME LOAN…The word MODIFICATION is a new word and the reason, in my opinion, is the bank you are asking DOES NOT ACTUALLY OWN THE LOAN and you cannot re-fi, modify, transfer, grant, assign or anything if the bank does not hold the note!…
The Bank’s created MERS in 1997 so they could bundle home loans into securitized pools of thousands of home loans (mortgage back securities) and sell those bundles to unsuspecting investors around the world. As long as the homeowners paid their mortgages, there was no problems or issues and this ILLEGAL process went on it’s merry way making more money for the banks than they ever experienced in the lifetime of being bankers!!
However…in 205-2008- shit hit the fan with the economy for whatever reasons you know or believe, ie: Reaganomics, Bush’s expensive WAR, NAFTA, outsourcing….whatever! American’s no longer had jobs to continuing paying their mortgages. When you called or went to the BANK to ask for their help, which they used to grant with no problem because that’s the way it was…you were then put into their “WEB OF DECIET” because they had no idea where your NOTE was!!! Well no shit…they bundled our valuable mortgages in with so many pools and sold them over and over again and they did this crime through their 1997 creation of MERS, WHICH IS A PAPERLESS DATA COMPUTER!!!!
So, the BANKS could no longer RE-FI loans because…now please get this straight….they don’t own the loan in order to do that any longer….
The Attorney General in Delaware, the capital of filing corporations, is Beau Biden, son of our VP, and his investigation underwent a 1 and half year time frame. He said, it took that long to come to his conclusion that…now get this cause it’s the truth…THE BANKS HAVE NO IDEA WHO OWNS THE NOTES!!! That’s why you will never get them to produce it to prove they own it and that is why they CAN’T modify a loan as it used to be….my suggestion has been to STOP faxing all your applications, electric bills, proof of income etc…they just shred it on their end because all they are doing is “sticking a pacifier in your mouth” until they can get you in court where they produce false pieces of paper into the evidence and the deal is….”THE COURTS ARE ALLOWING THEM TO DO IT”….With that said, we have lost our freedom and justice for all….Further, the banks put some 63 million loans into MERS, that’s half of all the mortgages in America and we are screwed if you are one of those 63 million victims!! We need to get these cases out of the CIVIL COURTS and into the CRIMINAL COURTS through the GRAND JURY….as long as we are fighting in courts without a Jury, we’re going nowhere fast! If JURY’S were allowed, this nightmare would be over, the banksters thrown in jail with Maydoff and our BANKING system re-designed…other than that, we are all wasting our valuable time and money fighting “the worst crime to ever be perpetrated in the UNITED STATES”…My unsolicited advice is save what money you are also wasting on Attorney’s who don’t “get it” and will not fight the Judges as they should in any other normal court proceeding because they need a good relationship with the Judges and the Courts for their own futures!! It’s worse than anything most have ever experienced as we have all been mislead to believe we have rights and freedom and justice….it’s all a lie!
Girl i just love the fight in you keep it up
And now, a word to our MERS
At risk of being incredibly tedious and boring, and as a ‘clueless pro se litigant,’ and as one who is always alert to the opportunities of betterment of oneself, and in view of my responsibility to my readership under like duress who I presume are also of similar interests, I have been reading Blackstone’s Commentaries. These commentaries do not have the force of law anywhere in the United States, other than their widespread acceptance by people in our legal community as revelation to guiding principles in the interpretation of the intent, if any, of our legislators here in the Western Hemisphere, to continually clarify the rights of man against the rare despot or oppressor. This material should only be used in open discussion with our grand or petit juries in satisfying their curiosity and interest, or in appeal of decisions that may have relied on reversible error. To preserve your rights of appeal, be sure to raise this issue with your jurors.
“The grand and fundamental maxim of al feudal tenure is this; that all lands were originally granted out by the sovereign, and are therefore held, either mediately or immediately, of the crown. The grantor was called the proprietor, or lord; being he who retained the dominion or ultimate property of the feud or fee: and the grantee, who had only the use or possession, according to the terms of the grant, was styled the feudatory or vassal, which was only another name for the tenant or holder of the lands; though on account of the prejudices we have justly conceived against the doctrines that were afterwards grafted onto this system, we now use the word vassal opprobriously, as synonymous to slave or bondman.” -from Blackstone, Book II, Loc 8240 of 29509, Kindle, as highlighted in yellow in mine
Note the word vassal, used above as a term of apparent opprobriation. We have no slaves today, or countenance any held by others. Vassals were indeed opprobrious at the time, especially if you were one yourself. The vassals got together at Runningmede later on, and agreed with King John, by the Magna Charta, that they would be vassals no more. Maybe a little bit. A bunch of vassals voted with their feet, and went to the New World, to live free or die. They have all died by now. Prior to that, they declared to King George the Next their independence, and made their own country, with a Constitution on which we in America base all our laws currently. It has worked out fairly well, being largely well attended, with only the one War of Civility. The important thing is that, once seized from the barbarous tribes, real estate has been transferred from hand to hand for a few centuries now in an orderly and well understood manner.
Until we have now come to the Mortgage Electronic Registration System, which for instance thoroughly diminishes, debases, and disguises all definition of ownership of an acre of land in County Burnet of Texas, especially in that common early state of affairs as between a mortgagor and mortgagee. The previous owner is quit and gone; the future owner is yet to be; and the transactional cash flow is drawn and quartered to maximize the speculative yield, as much to investors in Byelorussia of a few microseconds as to a chartered Federal Depository Institution of responsible and aged counselors. There ought to be a law! In fact, there is, and it may well be unconstitutional. We have yet to judge.
Here’s a little gem from the chase class action from David Black’s post:
“Yet, Chase has modified less than a quarter of mortgages of “seriously
delinquent” borrowers; the vast majority of the balances of such mortgages are “unresolved”
with neither a modification nor a foreclosure. Olga Pierce & Paul Kiel, ProPublica, By the
Numbers: A Revealing Look at the Mortgage Mod Meltdown, Mar. 8, 2011 [hereinafter Pierce et
al., Meltdown] (analyzing Moody’s data on 300,000 subprime loans more than three months
behind, all of which currently sit in mortgage-backed securities).9 Indeed, Moody’s data reveals
that “[t]he worst [servicer] was JPMorgan Chase, where the average modification occurred 11
months after the borrower fell behind.” Id. (emphasis added).”
And we’re supposed to be the deadbeats manipulating the system.
More highlights from complaint pdf
P 76
B. Chase’s Documentation of Loan Modification Agreements and Its Accompanying
Written and Verbal Representations.
P 79
b. Repayment Agreements.
P 82
C. Chase’s Common Course of Conduct is a Result of Its Policies and Practices.
P 84
D. A Prolonged Modification Process Leads to Unfair Outcomes for Mortgagors Which
in Turn Benefit Chase.
P 85
1. Chase Profits From Increased Principal Balances and Extended Loan Terms.
P 86
2. Delaying Foreclosure is Advantageous to Chase.
P 87
3. Mortgagors Suffer Whether or Not They Are Eligible for a Modification.
hammertime, what docs are you referring with these page #s. Is this on the website for the chasemdlsettlement?? thanks.
@lms53 Yes the Consolidated complaint pdf
http://www.chasemdlsettlement.com/content.aspx?c=5774&sh=1
hello
I tried to post this before. chase is under federal court supervision in a class action that may help all of you there in California. the website is http://www.chasemdlsettlement.com. you should have received a notice If you had an emc chase servicer in the past and has one of their fraudulent modifications like I did. chase however is not giving the court the old account numbers where the mods were done on the first and second trusts by emc bear stearns now chase home finance. if you are being foreclosed on the federal judge will stop it if you had a mod done by emc chase both before and after HAMP I and II started. good luck.
I have been fighting chase for seven years and still in my home. they are really really bad all the court docs are there for you to read.
thank you!
david, have you tried to get a modification under the class action yet. the class action is multi district including florida. remember this is about chase breaching contract and they may have to go back and cure all those delinquent fees and unjustified interest. At least that’s what they call it when and if you sign a new modification and call it principal. don’t do it!
I won’t ever
Well its been so long now I can’t remember when it al started. the 2nd NOTS is unclear to whom I owe the debt. Servicer and Trustee stonewalled me and I did not file bankruptcy in time. Servicer refused to speak to me said ” talk to the foreclosing attorney” who was the trustee . Trustee said “I will not stop the trustee sale without servicers instruction so my property was sold to a developer that had been working with servicer on short sale that I refused…. so now here I am with a fraudulent assignment from MERS to BONYM which with all the proof I sent trustee it was there fiduciary duty to postpone but they did not I warned them they would be liable which they are but I now need $7000 to pay my well known attorney to do his work to reverse /stop the trustee sale soooooo folks let me tell you you even though it is illegal , full of violations , even a back room deal of violating my privacy without a 3rd party authorization it all boils down to do you have the money it takes to bring this all in front of a Judge that has a slight idea of what the hell has happened and waste another 3-4 years of your life researching all the twists and slight of hand that BOA, BO-Banks-, Bayview, Ba-Trustees-ncial, Recont–Servicers–rust, the Robosignes etc have done ….. here is the question of the day
Who is The Bank of New York Mellon N.A. ? Do they actually exist? I cannot find them, I found BNY Mellon N.A. and The Bank of New York Mellon Corporation but I do not believe that “The Bank of New York Mellon N.A. ” ( Mortgage Loam Transfer Disclosure Notice) actually exists anybody know ?
Did you file bankruptcy prior to the trustee sale? Because it should have stopped everything until the bankruptcy was discharged, at least that is what happened in our case. The trustee in our case said almost the exact same thing to us about not stopping the sale unless instructed to by the bank. Here in Washington State we have recently noticed a shift or maybe it has been going on for awhile. It seems people are starting to go after the trustee for fraudulent practices because the trustee is a part of a law firm which not only represents the bank but the trustee as well.
Similar situation with Chase. They changed trustees after they claimed they were the “attorney in fact” and were asked to prove it but didn’t, then they claimed their lawyer was in charge of sales then they wouldn’t prove their standing and changed to another trustee. I questioned when trustee started saying they couldn’t stop sales because they were employee of Chase. I made complaints with CFPB and local officials. 2 or 3 sales stopped. I complained again after the trustee was sold and they now claim they are employed not by Chase but by banks, though they “mistakenly” answered Chase. Complaints may help when there’s a homeowner bill of rights or with new people at CFPB. But yeah they are still trying to run us down.
Bobbi
What does your attny say about transferring the loan in the middle of foreclosure process. Seems like chase wants to drag the foreclosure process out further by doing this unless the right hand doesn’t kno what the left hand is doing so to speak. I have been fighting chase as long as u have but I say chase has always been the note holder, services, the whole enchilada so they can’t pull that crap on me. They probably just want to break your bank and when the money runs out. They take the house
I have a case with Chase where they claim to be everything even on previous “paid off” loan. CA Homeowner Bill of Rights seems to have forced them to provide info with major contradictions. can reach me here if you want to compare notes elsa.carter-avpci3n@yopmail.com temp email
@ Fighting in Florida – how were you able to file for quiet title if our were still in the foreclosure process? What did the judge deny and I am assuming that the foreclosure suit was dismissed with prejudice? How were you able to get that accomplished? I have been fighting Chase since 2007. My motion to dismiss was denied. Now I have an attorney handling the case since Dec. 2013 and in the interim Chase sold the mortgage to PennyMac. It’s all such a joke!
Big two hour hearing coming this Monday…
Since the judge strongly advised Carlton Fields attorney to use their ‘considerable influence’ in offering me a Modification, it will be interesting to see what, if anything they come up with this time – Wells Fargo has a history of adding garbage fees up the Ying Yang they can’t justify ( check the latest court rulings ) and giving you only hours to think about it or it’s withdrawn.
More and more fascinating things are coming out…more after the hearing, stay tuned !
John, If Wells Fargo is NOT the original lender bank and “HOLDER” of the Note, they can’t modify anything! This is the “BIG LIE”….if your Deed Of Trust has MERS on it, the banks MUST foreclose because they destroyed the notes in order to bundle them into those illegal “pools” and sold them to unsuspecting investors around the world!! That is the CRIME and why these cases need to get out of the CIVIL COURTS and into CRIMINAL COURT. The banks must get you out and sold to someone else so they can create….”A NOTE”……If Wells was your original lender, then you need to refinance it, not modify it…who ever heard of a loan modification anyway? It’s always been called a re-fi….Carlton Fields is as underhanded as David Sterns
BEWARE!!!!!!!!!!!!!!Accredited Home Lenders Company in Chapter 11 BK.
9915 Mira Mesa Blvd., Ste. 100, San Diego, CA 92131 Company in Chapter 11 BK.
Paralegal Robert Dooley 858-805-6193 fax: 858-805-6239 (Fax sub or sw to Dooley)
Treasurer: Dave Osborn Cell 858-663-2041
ADP
Automatic Data Processing, Inc, Legal Department, Attn: Alice Quinn, 1 ADP Blvd
Talk about fraud i live in new jersey one of the stars from the real house wives of new jersey she just pleaded guilty to fraud in criminal court so let me ask you question so how is it different from what she did then what the banks are doing she lied signed made up phony documents to acquire asset what the difference between her and what the banks are doing
FINANCIAL CRIMES CONTACTS LIST – November2010 Send updates/corrections to: Paul Libassi, Investigator, San Diego County DA‘s Office paul.libassi@sdcda.org 619-531-4349 ACC Capital Holdings Corporation (Holding company for Argent Mortgage, BEWARE OF Ameriquest) Diane Tiberend, General Counsel 714-347-4799 x12271 Loan Origination files: Julie Ryan 714-347-4799 x12202 Search warrant: Argent Mortgage Company c/o ACC Capital Holdings Corporation 1100 Town & Country Rd., Suite 1200, Orange, CA 92868 Testimony re: underwriting: Stephen Newcomb is the expert on Argent policies. Can be reached thru Ryan.Send subpoena to search warrant address for body
http://info.publicintelligence.net/FinancialCrimesContacts.pdf
Tom,I know that Chase was the originator and the owner, servicer and everything else that had to do with my loan. Fannieand Freddie is just a façade. Chase breached contract with me, not one but two and have stalled me ever since, knowing this class action would get them for breach of contract. I too have high powered attnys on my case now. They assign them to your particular case when they get scared. Plain and simple, they breached a contract and now they have to renegotiate with me, although I still am proceeding cautiously. Chase never made an assignment of my mortgage so they can tell me all day that some fictitious or otherwise group of investors hiding behind fannie mae own my note but I know Chase owned it from day one and still holds it. Now they want to claim fannie mae owns it because of the liability attached. Who is currently your judge in broward. I am going to call you. Maybe we can be a witness to each others case. I am going pro se until I see how this class actions pans out. also this website is being monitored. someone has got into my emails since I became a part of this website. there are some pretty sharp people networking here and we need to stick together.
All the Broward Courts allow you to see is the Docket, not the original pleadings like Pacer. It’s a waste of money, I have the up-to-date Docket and can furnish it to anyone free of charge.
My file is VERY thick, 6 or 7 volumes…then you can add another 2 inches comprised of what Carlton Fields supplied me TWO DAYS BEFORE THE TRIAL WAS TO START. This is the type of misconduct that plaintiffs attorneys and courts are engaging in, to prejudice and disadvantage Homeowners so they don’t have the right to see, OR CONTEST, what they are going to rely on.
If there is fraud in a case, that fraud stays after the case is decided one way or the other. It’s up to the Homeowner to discover and document the fraud. A judgment obtained by fraud on the court is typically unenforceable under common law and public policy, but certainly more can be done after the foreclosure. Courts are basically GUESSING the Plaintiff is the right person and the figures are correct…they know there was a loan and it wasn’t paid after a certain date – period.
They RELY on the Plaintiffs presentation…it’s a rehearsed script, they just go through the motions, so to speak ( a little humor there ).
These are the Big Boys and Girls. Unless you arm yourself to the teeth with facts, smoking-gun proof and the law, and point out to the judge WHY they have to rule in YOUR favor, the court takes the professional lawyers presentation as having done just that. If you turn to a judge and say “They didn’t do this so they can’t do that, isn’t that right Mr. Plaintiffs Attorney ?” THEY’re likely to lose just because THEY didn’t do as professional a job as YOU.
Truth SHOUTS, but if you don’t utter and SHOW the truth, it’s not going to do you a lot of good.
What’s apparent is that all the bad docs Stern and the others put before the courts is trying to be undone, and everyone in the courthouse is looking the other way, and will probably continue to do that until people get aggressive enough to file enough documents and get enough testimony to SHOW THE FRAUD THE BANKS HAVE ..and still are.. PULLING.
Now the question is, all these foreclosures that have been allowed with fraudulent documentation are supposedly nullities …which means Homeowners have recourse AFTER foreclosure, if not to get the property back, for damages… butt this again takes PREPARATION, DOCUMENTATION and a very good professional PRESENTATION to a court.
Easier, might be to try to get your facts in front of a local, state or federal Grand Jury or Attorney General who can do a lot of the work and even get orders to compel restitution, which has already been done to a small degree already.
Everyone needs to consult a SKILLED trial ( or Appellate ) attorney in their own jurisdiction who knows the ‘ropes’ and the players. Get your options. Get your “BAR” ( what YOU have to prove ).
Only then can you adequately assess your different possibilities and possible outcomes, and really KNOW the amount of effort it will take. That’s the FIRST thing they did when they decided to invent the automobile and go to the moon.
You have professionals, well educated and trained, and judges who know the game and pretty much just go along with the flow, but out there are judges and attorneys, and prosecutors, who WILL say “this isn’t right” and finally do something to stop the misconduct…… right now, they just don’t want to collapse the banking system – which it might be too late to stop.
Producing a huge pool of uninsurable homes which then can’t be sold or borrowed against is really something judges should consider and be more afraid of than going against a bank for trying to make too much money through trickery and deceit…. and committing felonies… MULTIPLE felonies… PLANNED felonies…. conspiratorial felonies.
Wonder if the people involved in all this mortgage and foreclosure fraud owed YOU money…would you go after them for it ? They’re counting on your answer being NO, and so
the beat goes on.
There’s an election in November. Have YOU talked to YOUR legislators lately ? Don’t you think you SHOULD ?? ..and turned your evidence over to LAW ENFORCEMENT ? ( keep the originals of you ever want to see them again )
Tom, come see me. I am down town Fort Lauderdale. I am NOT a lawyer but do help one or two appellate attorneys figuring out the worthwhile appealable issues in foreclosure cases.
I don’t like posting my phone number on the web because I don’t want people calling up trying to sell me junk, or clueless pro se litigants from other states. But since you are local know the first part, 9xx followed by 728 and the last four digits are 9351.
Tomorrow would be a good day. This would be a good week. Next may be crazy depending on how two different DCA’s rule.
For all those new to this struggle, what Tom has written is a very good account of what the “reality” is in regards to these foreclosure issues. We can scream Fraud and we can scream Robo Signing and a handful of other injustices but the courts are not offering any relief or ruling based on law at the moment, whether or not you supply them with the truth and documentation. This Ponzi scheme is just too big and well organized.
As to converting to a criminal proceeding: hard to do. You have to get in front of your District Attorney and show them the forgery and wire fraud in executing bogus assignments of mortgage.
You may also want to go after your state attorney general with a “Writ of Mandamus” charging them with failing to discharge their duties to protect the citizens from statewide crimes.
NO body want to be on the hook they file dirty deeds at the clerks office all the time dose anyone go to jail .They robo sign papers make up documents is that not a criminal act everything about it is fraud and the intent is to steal or acquire an asset base on fraud i wanted to fight the fight but i feel like the wind has been sucked out of me because how bad these courts are you have no chance even if you have been screwed by the banks the courts are going to look the other way i thought i had good case spent money to get my loan analyze flow chart how the the assignments were never done pay to the order of all that stuff i feel like it was waste after reading these post about the courts just pissed make me sick
So am I to understand you have NOT gone to Court yet? If you have gathered the fraudulent documents robo signed assignments and if you paid that ridiculous fee for a company to check in the SEC website to find what TRUST your loan was bundled up with, then you have evidence of fraud and at least you haven’t wasted your time in the merry go round Civil Court system… Scan whatever documents you have and keep them in a file. Please don’t walk away John…it is very upsetting, we all are going through it…Let’s just try a different direction. I attempted to file a complaint with the DA in California and they sent it back saying it was nothing they were investigating. The Attorney’s Generals in all 50 States cut a deal for the 13 billion dollars that the banks paid and we homeowners were supposed to be paid something…I got $500 for my $400,000 robbed house!! Instead, the States are using that money to fix their roads, bridges and their State debts!!!
This my friend is the worst crime to ever be perpetrated on the American people and nothing is being done….YET!!!
To get to a grand jury- Look up your local FBI office. Go there with your computer and all your supporting material printed out, and a usb stick for their convenience. Buzz the buzzer and wait for the agent. Say ‘I’m here to report ongoing criminal activity in your jurisdiction.’ Go through the metal detector and out the other side. You’re now in a peaceful little office, you can assume sound and video is in use, you don’t need to take notes. They are excellent in dealing with confidential informants, and you can discuss your situation at great length. Turn over all information you have toi date, They have 60 days, then they will inform you 1) Hey, thanks, for coming, we’re all over this, don’t worry, we’ll get ’em; or 2)Hey thanks for coming, you’re the first relator, we’ll go get thes guys, you’ll get a reward soon; or 3) Hey, thanks for coming, you’re the first relator, we wish we had more time, would you by any chance be willing to lead or participate in investigation and case building under a special prosecutor, we’ll pay expenses, you’ll get a reward whenever we get done? If you’re worried, keep your mouth shut and go in and out the back door. If you’re not worried, put everything you have up on a website for all to see, watch your unique visitors come and go, make as much noise as possible. Get ready to catch the rats.
Arizona Appellate Court Decision Finding Third Party Payment Discharges Obligor under the UCC
KATRINA PERKINS STEINBERGER, as Executor of the Estate of Charles A. Perkins, deceased, and individually, Petitioner,
v.
THE HONORABLE MICHAEL R. MCVEY, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of Maricopa, Respondent Judge,
INDYMAC MORTGAGE SERVICES, a division of ONEWEST BANK, F.S.B., a Federally Chartered Savings Bank; DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the INDYMAC INDX MORTGAGE LOAN TRUST 2005-AR14; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware Corporation; QUALITY LOAN SERVICE CORPORATION, a California Corporation, Real Parties in Interest
I always go back to paragraph nine of your note that says “endorsees” are liable under the terms of the note.
Not legal advice, just the rantings of an out-of-control Dago
READ MY LIPS:
YOU WILL NEVER HAVE A JURY IN ANY OF THESE FRAUDULENT FORECLOSURE ACTIONS!!!
In reading some of these post, I see many of you have NOT gone to Trial and if you think the fraudulent practices by the banks are unbelievable….the worst is yet to come when you walk into Trial expecting a JUDGE to understand the illegal activities the BANK has done!!! The JUDGES hear the same stories 50 times a day from frustrated homeowners seeking JUSTICE under the US Constitution…..WRONG! The Judges are totally in on it! They hear YOUR STORY over and over, every single day, yet, the side with the BANKSTERS…NO MATTER WHAT EVIDENCE YOU HAVE FILED AS PROOF………………………
I pray you people are “getting it” that if just ONE homeowner was allowed a JURY, this nightmare would be over years ago! The CIVIL Courts are as corrupt as the banks as well as the lying Lawyers that represent them….even Lawyers that you may hire will get NOWHERE….when you pay an Attorney to fight your case, all you are doing is paying that Attorney’s mortgage payment! They can’t win because the COURTS are not giving you your civil rights to a JURY TRIAL….
This unbelievable attack we are under is criminal and this illegal activity must be in a CRIMINAL COURT and out of CIVIL…..we can’t win in CIVIL!!!
Tom “gets it” and wants to bring as many FLORIDA cases to the GRAND JURY. If you are in FLORIDA and no matter what stage you are with your fraudulent foreclosure matter, please call him and get onboard. Don’t waste anymore time thinking you have proof of fraud and the Courts will “get it”…they already “got it”
We are heading in a different direction with a Grand Jury…now if that doesn’t work and the Grand Jury is as corrupt as the Civil Courts, we can kiss our American way of life “good-bye” We will become a homeless America…..elyse@gte.net
how due you get it out of civil into criminal court for grand jury please explain i feel helpless after reading your post it sucks i might as well just give them the keys to my house nj
John,
It is certainly not my intension to just give “THEM” your keys! I have always urged people to NOT LEAVE THEIR HO– USES! What I am suggesting is to educate yourselves that there is no justice in the Civil or APPEAL courts. I believe I gave TOM’S phone number for you to call so please do that…I believe we can file our Complaints to a Grand Jury Of The United States because it is a National crime in every State.
Where are you at in your case? Have you had a Trial yet? We are all in different phases of the corrupt system so please email me or Tom what your story is….we certainly hope “OTHERS” will come forward as well….we need dozens and dozens so we can get their attention!!
Don’t give up John…after 5 years I feel there is a new direction with actual JURORS!!! It’s got to happen sometime…so why not now and why not us??? elyse@gte.net
Take your victories – even small ones, that you deserve.
On February 25, 2014 an emergency hearing was set, carried over from Feb 24…the Trial was scheduled for two days later…Feb 27.
When The Law Offices of David J. Stern, bailed and abandoned the case they filed against me nearly six years later, on Feb 25 of this year, Stern’s replacement ALDRIDGE CONNORS bailed and abandoned the case as well. [ I counter sued BOTH firms. ]
They were replaced, once again, by Carlton Fields…. high powered litigation firm.
My victory was when the Judge on Tuesday turned to Michael Winston of Carlton Fields, and said ” I know this is going to upset you, Counselor, but Mr, Heinrich is entitled to have all his Motions heard and the trial set at least 45 days in advance” and set a new hearing for March 17 and the trial for April 23. My witness and document list takes PAGES. I am prepared.
At least I know how to get rid of the foreclosure mill attorneys and deal with attorneys who really are good at what they do, and teach me to be good at it, too ! And after being allowed to sue Wells Fargo de novo ( given a BRAND NEW APPLE !!!), this new judge’s seeing the light, the truth, and the law, has encouraged me that there are STILL some people that abide by the law in the judicial system.
Mr. Winston paid me a compliment, too when he said “I never thought I’d see YOU again”.
I’m hoping we can communicate well with each other and arrive at a resolution to my interesting situation where the original lender, according to the U. S. Department of Justice Trustee, is still the owner of the Note and Mortgage and has agreed that my loan is now retired and zeroed out, which MERS records show is the case as well.
Plus I’ve ALREADY GOTTEN A CHECK FROM A SETTLEMENT FUND ACKNOWLEDGING the servicing of my loan was mishandled, and can make a claim against the multi-billion $ fund Florida has been given for people like me.
The tunnel has been long and dark, but I can see a glimmer. I’ll take it !
@:ldynps. Am an activist assisting a client and her attorney. We actually got a Jury trial scheduled for later this year. You said “…SEC website to find what TRUST your loan was bundled up with..”. We located the PSA docs and 8-K filings, but do you know someone who can find the documents (insurance payouts, securities etc), highlighting the rest of the money trail? They would be paid for their efforts. Btw, thanks for all your posts!
Well I have an experience of -0- trials and right now I’m pro se. I see in the literature that -0- juries have ever had a chance to sit on a mortgage issue, I can only suppose that is because at some point the two parties reach an agreement of some sort. My required Alternative Dispute Resolution meeting with my lender was unsuccessful. I’ve just completed the mandatory 60=day period to give DOJ mandatory first right of prosecution. I have a plan to bring my own one case to trial; the only question I will have for the judge is “Where’s the Jury?”
Came across CA HBOR flyer today and it says “…the Attorney General’s Office can use a statewide grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple counties.” Anyone familiar with or interested in comparing notes?
In the many Trials I have been in from California to Florida over the past five years, no juries have ever been allowed to rule on Any of the foreclosure matters so I don’t know what your experience has been but I have DEMANDED A JURY trial and it is never granted. A jury would “get it” within the first few minutes….please share your experience other than quoting that you can receive a jury or waive it? Juries would end this corruption in a few minutes!
Lets say we get a Jury. What do we tell them so they can see what the banks are doing?
A jury has a wide ranging freedom of action to identify a problem, and implement a solution. My case is completely public, and all my potential jury exhibits are on my site for review by anyone. When the jury goes home, they might drive by some blighted housing that used to be owned by people and is now lender owned. They can perceive the difference. They can look at the property tax roles and see if property values are rising or falling, and if the little school can hire more or less teachers for their kids. I was thinking of taking my jury on a field trip up to Detroit one day, possibly arrange a luncheon with the mayor. I will certainly bring in some of the homeless people around Austin who used to live in houses.
You’ll never be allowed a jury! This is where the homeowners would have been winning…this must go to the us grand jury!
Yes the right to a jury trial is complex. Your case must exceed $20 in value.
http://www.jstor.org/discover/10.2307/794697?uid=3739568&uid=2&uid=4&uid=3739256&sid=21103653531523
(many other entries in google, ‘right to jury trial’)
If it is not available in one venue, I think it would be a good reason to ask to change venue. Ask if the judge would like to recuse himself. Certainly grounds for appeal.
As a matter of fact, ALL of my professional counsel has advised me “Why don’t you just pay?” Another reason to get a jury.
Dose this make sense on my notice of assignment sale or transfer of servicing rights your lender FGC commercial finance DBA fremont mortgage has assigned sold or transferred your mortgage your new servicer is fremont investment loan your lender dose not service loans and dose not accept payments your new servicer will start accepting payment at closing did they sell the loan to back to themselves sounds like the same company they are out of business seems like they secutarized the loan got paid and sold back to themselves as i said they went into bankruptcy then my loan was was transfer to CMS who i could not find any record at the county clerk office and now DNTB is trying to foreclose what due you think dose not smell right to me
Bobbi, I did not mean to imply that all the ones not paying are deadbeats, but there were people that bought with little or no money down and adjustable rates that once they started resetting, people were in over their head. People were not looking long term and they should have been. Frankly they should have not ever qualified, but that is part of the fraud yes. I consolidated a note into my primary when I refinanced with bankster chase. I lost 70k when I sold it, but today I am not upside down, and yes I will admit it I made a bad decision when I asked chase for a loan mod, but I thought the govt was on the homeowner’s side, wrong again. That was the vulnerable side of me, believing that the govt was there to help us, but has only helped the banks screw all of us. This entire mess is a vicious cycle and the govt is at the top of it. I understand a lot of it, but I want to stay in my home for now. I bought it with the intent to stay here till I died and now because of what the banks have done, I will probably die sooner(all the stress), but I am going to fight for as long as I can because I am a fighter and this is my son’s home as well and yes I still believe in fighting for what is right.
Tom and I also talked a while ago. Yes, these are criminal acts comparable to robbing the local convenience store at 0200 every am. If the robber makes an agreement to give the PD some donuts, he won’t even see a police car in the lot. EACH criminal, in EACH state must be identified and prosecuted. I walked in to the local FBI in my Western Texas neighborhood 60 days ago and laid out my confidential information so I wouldn’t be interfering unknowingly with an ongoing investigation; apparently I’m the first relator in my neighborhood. Read the qui tam rules and you can also earn significant reward $$$. The OCWEN consent judgment is posted on my site and is a good precedent in all 50 states that we can use since 12/13/13. We need to teach juries as we go, they are the key in the American Justice System. It works!
who said “Derivatives are financial weapons of mass destruction… potentially lethal. — ”
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.
. it’s — Warren Buffet..the WELLS guy !!! interesting, very interesting, very very interesting
I have been having a discussion with a friend about this very subject. They way I put is someone needs to ask one of these judges if they can borrow the judges checkbook, sign the judges name to the check and then cash it. I would get money that doesn’t belong to me…and then what happens to me? That’s right I would be sitting in prison for forgery, etc. The fact that big banks continue to get way with these types of schemes is amazing and at the same time not surprising.
The Courts will not use a jury Dangerousdave. Had a jury been allowed, this would have been over many years ago!! We must get out of the Civil Courts…it’s criminal! I attempted to file complaints with local District Attorney, The FBI, the Department Of Justice and even our Sherriff…THEY WILL DO NOTHING!! Not one of those departments did anything…The Grand Jury and allege the banks and their attorney’s are involved in an ongoing criminal enterprise….It’s Called the Rico Act and that is our last hope!!
On the title page of your plea, there is a spot “Jury Trial Requested” It is yours, UNLESS YOU WAIVE IT!
@ lms – your ‘to whom it may concern’ makes me believe that you don’t undertand the law. Any contract legally binding is applicable to all of the laws and statutes of the originating state. While each state has it’s own set of laws for foreclosures, it is still a contract, just like the purchase contract you signed when you bought your house. For you to enter a loan mod only gave them more power to short circuit your defenses at a later time. They did, didn’t they? And it’s all about the money; not the law. They have been able to sidewind the courts and the judges and if you stop to think about it, who is donating the most for the re-election campaigns for these judges? As the old saying goes ‘don’t smack the hand that feeds you’. I don’t believe that any of the people posting on this site are ‘deadbeats’ as you propose just because we want the court system to work WITH the laws and abide by them as well. If you were to rob and steal you would likely get jail or prison time. What’s the difference if it is done by a banker? You’re drinking the same koolaid that’s been fed by the media and government officials. Who supports both the media with financing and government elected officials on re-election? You honestly think they are going to tell you the truth? Losing your job was a product of the economic crisis, correct? And how many Americans lost their jobs from this crisis? Not their fault, right? Nobody intend to be a deadbeat and honestly I hate that word. We were all hard-working people trying to make a better place for ourseles and families. Now, we want what is constitutionally granted to us; fair treatment and adherance to all laws in the court system. Corruption, deceit, manipulation, fraud, robo-signing and the like are rampant. It’s time that whoever has the gold makes the golden rules! You don’t have to pay what you don’t owe! There was no money….ever….only paper and that paper was turned into a securitized form of a product that was sold for more $$$. If not securitized, then likely by now they are backtracking to try to comply with local/state/federal laws in order to take your home. BEWARE! Being this gulible makes you the PERFECT target.
I will repeat that these cases do not belong in the CIVIL COURTS…its not civil, it’s criminal. Go online to your STATE Attorney General and file a complaint online and then send your evidence of fraud, forgery, misrepresentation of an unknown bank attempting to steal your home etc. We are all loosing in the Civil Courts…try another direction because the Judges are siding with the banks as ordered…by who The Banks!! Go in a new direction people!!
Just had a wonderful conversation with Tom in Florida and I am writing today to urge any and ALL homeowners under attack by the criminal activity of the BANKS, in our Florida Courts and the further criminal activity of the Attorney’s who represent them to contact him so we can fight this in another way!! What is going on is CRIMINAL…NOT CIVIL!!
These criminal are winning in the Courts because we are fighting on their playground and they are in charge. We MUST bring our cases to the GRAND JURY and take this criminal activity to another playground!! The RICO ACT is defined as “an ongoing criminal activity”…this is the “tool” used to bring down the Mob and other criminal acts…
PLEASE, if you are in Florida….CALL TOM (954) 882-0009….we need dozens of cases to make an impact and to finally be heard…We need to GET OUT of the Civil Courts!! We cannot win there!! Elyse (elyse@verizon.net)
I am with you Tom You have my phone#
I would like to be in personal touch with as many of you as possible, ESPECIALLY IF YOU ARE IN FLORIDA as I am working on many things and you are an important piece of the puzzle !
my cell 954 882-0009
my e: reachth@yahoo.com
Tom, my husband and I have been in litigation for 6 years with BAC. He wanted to speak with you to see if he is missing something here. It is true that the bank did try to make up some type of modification. But like you mentioned. We thought it was a sham not having the rights to modify something that was not theirs to begin with. They keep sending me modifications with all kinds of made up numbers on how much they feel we should own. We went for quiet title and the honest Judge denied and dismissed with prejudice. So not sure where to go from here. How does one ever get title?
Thanks for sharing !
It’s this type of information and document sharing that will tip the scale in bringing justice back !!
Tom
The bank never lent you money…you qualified for credit and an insurance policy was paid betting you would default. The bank filed for that insurance claim and were paid in full… now they have sold your paperwork (no note or mortgage) in bundles of hundreds of thousands of other American homes selling them to unsuspecting investors around the world as security backed American mortgages! Let’s just tell it like it is shall we? Don’t leave your homes….it’s been paid for many times. Just say in folks….elyse
Hey Elyse, what State are you in, besides Frustration
Florida needs to come together now because we are still high in foreclosures and something tells me with all that bad weather up north, they will be coming to steal our homes a lot faster. no really, maybe this was part of the plan because look at all the people leaving new York because of the high taxes and where do they flock to??? Floriduh!!!!
I am just wondering if anyone has seen the outcome of the Deborah H. Beaton, Plaintiff, v. JPMorgan Chase Bank N.A., et al., Defendants. Case NO: C11-0872? it was supposed to be heard on 1/6/2014, but haven’t seen any updates.
You need to learn how to use PACER !!! and of course a quick call to Counsel works.
Nearly all courts in the U.S. allow you to pull up Dockets online now, and you can always call the Court Clerks office or Judges clerk to find out what happened.
@go get them: you missed the part about wanting to pay THE REAL PARTY IN INTEREST, ENTITLED TO ENFORCE THE NOTE AS A LEGAL HOLDER IN DUE COURSE, AND THAT THE NAMED MORTGAGEE (who they will want you to re-affirm with, as there are no valid documents supporting the “alleged loan” in the first place) WILL BE ABLE TO TENDER A VALID SATISFACTION OF MORTGAGE AND SURRENDER THE MAKERS’ NOTE.
and another question: why would you want to continue to pay on the note and mortgage if there was fraud? I’m off to the 7th Circuit, and the two, make that three, prior jurists, REALLY DON’T WANT TO ACKNOWLEDGE FRAUD because they would have to put plaintiffs’ attorneys in jail. Sorry guys, it’s all fraud and racketeering at this point.
hey, you can always refi and hopefully get with a more legit mortgage co. In my case, this Chase mdl settlement is pretty much all I have left unless I file bankruptcy and I don’t have any debt except my home so I don’t think that would work too well. of course I am open to suggestions. I am done with attorneys and their bs talk.
I chose to file CH 13, since I had only house debt. That worked excellently. I chose to pay off early, but I could have taken years.
you are RIGHT ON
sooooooo…. let’s help put the fraudsters in Jail ! EDUCATE THE JUDGE. DOCUMENT, DOCUMENT, DOCUMENT.
PRESENT, PRESENT, PRESENT.
You DO know how to provide the U.S. Attorney’s office, your state Attorney Generals office, and the Justice Department documents don’t you. If we don’t give it to them, who will….
Has everyone forgot this is why Grand Juries were formed ?
A son of mine was considering running for mayor of a major western city and I as an independent in a 50/50 split congressional district here in Florida with a one term incumbent in it, thought we’d get some national press as a father/son – he’s decided to wait a few more years.
I’m a behind the scenes person who likes to make things happen. I have a face for radio.
I wouldn’t mind getting 34% of the vote to collect my congressional perks (just kidding, well sort of, they ARE outrageously good !!).
But I’m dedicated in the long run to recruiting independent middle-roaders in all congressional districts and statehouses…non-partisan unaffiliated good decent people who aren’t afraid to do what’s right.
The question is, why don’t YOU run for something and I’ll help YOU, – I’ve run political campaigns on all levels before, and know a lot of people…..and even more know ME.
I like to get balls rolling, and watch them go downhill
Hi tom what i think you are doing is great i live in nj grew up in florida when you case dose go to trial i would love to see and watch and learn
Hi John, it was my experience that the Judges do not allow “people not involved” to remain in the Courtroom!!! Further, there was NO COURT REPORTER provided as in any other Trial (drunk driving, speeding etc) and to call around the local Court Reporters, you realize they will NOT let you hire them using the reason…”We only work for Attorney’s”….it’s an underhanded play so the Courts are siding with the Banksters knowing full well that an Appeal will never be accomplished without the Trial transcript!! There is no Justice in the Florida Foreclosure Courtrooms!!
Contact me Tom
How
(my impression of Johnny Depp playing Tonto)
Rock man enough (a nod to eastern eu today….fracking apart).
I am filing as friend of the court against met life bank….rust consulting..ringert law…
Your outline…incl wld wld west label is dead on…add my experience in boise idaho…fed judge is mayor’s brother….he dialed in 20 min late…the judge not the big guy. Yeah I was there w $60,000 in checks…..no dice….I was a deadbeat in his eyes, I mean ears. Federal court….look it up…get the play by play…..MetLife Bank v. Trevor D Hitchin….will post once I purchase. Pce all..777
You’re dreaming if you think you’ll get anywhere doing this kind of crap. Litigate, litigate, litigate, that’s all they understand. No good faith bargaining, no admittance to fraud, look up “over-servicing”, The money they spend on lawyers is not their own. The judges are indeed instructed to cock-block every homeowner at the door, and it starts with the procedural bushwhacking that bypasses your evidentiary hearing. Judges in Wisconsin are writing law from the bench. They don’t want to hear the law that is already on the books. We’ve charged the lawyers with forgery, fraud, racketeering, and the judges say “you can’t challenge the endorsement stamped on your note 7 years too late”.
going on 6 years of fighting foreclosure fraud. welcome to the wild west.
As Heinrich said we need to work together as this blog and others have tried to get us to do at some level. Besides litigation the worst thing for the banks is bad publicity. It’s the main way we got help for veterans and homeowner bill of rights. We have to all weigh out our situation individually but the more pressure we put on public officials, the courts and anyone we can will make a difference and show black isn’t white. Glaski in CA and Romero in NM are good examples.
Courts are issuing UNENFORCEABLE judgments…they do it ALL THE TIME and violate the Canons of Judicial Conduct…. they figure few, if any, will challenge what they do*, but a judgment obtained by fraud is NO GOOD, period…you just have to PROVE THE FRAUD.
So once an assignment or endorsement appears .. IT’S DISCOVERY TIME !!!!
Forensic examination and testimony by the correct people involved FIRST HAND in how and who did what should get them heading for the doors…these are FEDERAL AND STATE CRIMINAL ACTS of manufacturing fraudulent financial documents. Time to head to a Grand Jury near you ! A judgment of forgery should do the trick.
Foreclosures completed YEARS ago can be attacked and declared improper and overturned.
* ATTORNEYS have to work with these bad judges and their kin in the judiciary, so judges intimidate them from being too assertive. The antidote for this is to MOTION, MOTION, MOTION and get specific findings of facts and conclusions of law…things that are overturn-able.** Facts and conclusions can be found to have been wrong, you JUST CAN’T REMAIN SILENT, or you assure you’ll lose.. They know that – it’s a VERY corrupt system, third world justice or even worse.
** When you find and prove the fraud, you have a WHOLE NEW SET OF PEOPLE TO SUE.
The judiciary is being destroyed by the courts being afraid they will spawn a complete meltdown of our financial system…..they KNOW they are giving windfalls to un-deserving plaintiffs..it’s up to YOU to stop it in each individual case – some judges will actually respect you and silently cheer you on, they’re not all bad…they’re just caught in a crisis I think most would like a way out of… there’s not a judge out there that doesn’t know that consumers are getting screwed left and right…they went to law school..they KNOW, believe me, they KNOW..
Tom
To whom it may concern, I consider myself a responsible homeowner that is not looking for a freeride of anykind. I took out a mortgage and paid a fair price for my home. Today, I am no longer upside down. However, when the financial crisis happened, I became unemployed and could no longer afford my payment but I immediately tried to work out something with my bank and I thought I did. I am a part of this Chase multi district settlement. I worked hard to get a modification in 2010 and thought I had secured one only for the bank to renege on it 6 months later over some ridiculous reason, claiming the permanent modification documents were never uploaded in the system, what a load of crap. Listen people you can claim fraudulent documents all day long, but we all have to pay someone so may I suggest if you are going in the courtroom claiming you are not paying because of fraudulent document ( which I know there are, but you still have to pay), your argument should be that you want to pay, but you need a reasonable workout. Forget about lawyers, their mindset is to drive you thru the foreclosure process and get their 500 per month until they are done, then you are out a house and your money. Wake up people and stop complaining about fraudulent documents. If you want to stay in your home, keep working on a payment plan and get in front of the judge. Don’t be a deadbeat unless you want out!
hi everyone
am trying to post about a major settlement with chase bank about fraudulent modifcations. this is a nationwide multi district litigation. the court docs at the website below list the law firms that may cover your state. this settlement offer from chase includes immediate stopping of any foreclosure action . however it seems allegedly because it was done to me that chase home finance changed all of the old account numbers in april 2011 beginning with 002 for your bear stearns predatory loans including both first and second mortgages and created new loan numbers with higher interest rates and loan terms which is a violation of title 12 of us federal banking law. the transferred loans must have the same terms
the point being that chase is not giving the federal district court of boston the old account numbers going back to 1999 or to the settlement administrator or the law firms to send out your notices.
please join me in giving the court due notice about this as well as the law firms and the settlement administrator. the court order demands all account numbers old and new to be notified. chase has not sent me my notice and possibly up t o two million other homeowners like me in Washington state and throughout the U.S.
http://www.chasemdlsettlement.com has all the court docs in pdf format and the first one has all seven law firms listed. this case was initially entered into federal court in Yakima wa. as a class action under the federal fair debt collection practices act and then consolidated with seven other cases across the u.s. by the MDL committee In new York of the federal courts
the point being this class action had monetary claims as a FDCPA case. but the federal judges changed it to and MDL case with no monetary settlement at all and chase is offering yet again another alleged fraudulent modification with dual trackng as required by the federal reserve regulation that says mods must be able to pass the net present value model and actual value models computer software in order to be approved for a mod and if not able to then dual tracking is allowed and fraudclosure commences
NONE OF THE DISBLED VETERANS WITH OLD ACCOUNT NUMBERS THAT WER ECHANED BY CHASE ALLEGEDLY FROM APRIL 2011 TO OCT 2011 WILL EVER GET A NOTICE . ONLY THOSE WITH NEW ACCOUNT NUMBERS. THIS CASE COVERS BOTH HAMP MODS I AND II AS WELL AS INHO– USE NON HAMP MODS BACK TO THE BEGINNING OF BEAR STEARNS AND EMC MORTGAGE NOW EMC CHASE OUT OF LEWINSVILLE TEXAS.
WE HAVE ALL BEEN SOLD OUT ALLEGEDLY BY THE COURTS AND THE LAWYERS WHO WILL GET $ 10 MIILION IN FEES WHILE THE VICTIMS OF EMC CHASE FRAUDULENT MODIFCATIONS GET NOTHING.
THIS CASE SHOULD HAVE NEVER BEEN CHANGED TO A MDL CASE FROM A CLASS ACTION CASE UNDER FFDCPA CASE WHERE A MONETARY CLAIM IN THE BILLIONS COULD HAVE BEEN ESTABLISHED. CASES LIKE THIS WERE WON IN FEDERAL COURT IN TACOMA WA FROM ARI BROWN ATTORNEY AT HAGENS AND BERMAN LAW FIRM IN TACOMA WA.
GO FIGURE WHY IT WAS MOVED TO BOSTON AND CHANGED TO AN MDL WITH NO MONETARY CLAIM.
IF YOU HAVE ALREADY FORELOSED ON YOU ARE OUT OF THIS SETTLEMENT.
Hello, I received a notice claiming I am a part of this latest class action, I refinance with chase back in late 2006, but my loan # has always been the same since I made the BIG mistake of refinancing with Chase. I am hoping for new modification and a lot of principal forgiveness.
I am just wondering if you have seen the outcome of the Deborah H. Beaton, Plaintiff, v. JPMorgan Chase Bank N.A., et al., Defendants. Case NO: C11-0872? it was supposed to be heard on 1/6/2014, but haven’t seen any updates.
david, are you a part of this mdl settlement and have you tried to get a modification since you were identified as a member of this settlement. I spoke with one of the attorneys, Gary Klein that is representing the plaintiffs (Us) and he was very nice and helpful and told me that foreclosure proceedings should stop if you are trying to get a modification, also according to the settlement, this is supposed to cure delinquency. Wargo French are the attorneys for Chase on my foreclosure and they are still proceeding with foreclosure and the way I see it , a federal lawsuit should take precedence over the corrupt broward county courts and I FULLY intend to bring this to the courtroom with me and make the judge aware.
DAVID, HAVE YOU TRIED TO GET A MODIFICATION SINCE THIS MDL LAWSUIT? THEY ARE SUPPOSED TO GET RID OF DELINQUENCIES WHICH COULD MEAN BIG BUCKS. I TOO AM PART OF THISSETTLEMENT. WE CAN ONLY HOPE!
david, they did the same thing to the homeowners with GMAC/ResCap/ALLY bankruptcy. Claims could be over 10 billion, they put $54 million in the Borrowers fund, something like that.
How is it that Bayview Loan Servicing had a trustee sale for my property im 2012 with BONYM I stopped that one andthen15 months later thy file another one trustee orps tells me my creditor is Freddie Mac THERE IS NO WAY I CALL Freddie mAC no THEY DO NOT HAVE MY LOAN Bayview fabricated the creditor after sending assignment of deed of trust (5 years after trust closing date it is robosigned sent trustee signature sheey with 8 SIGNATURES sent a bunch of fraud and they still sold my house I have lived in 17 years to who? for what? Come on this is sck. Servicer would not tell me anything trustee would not stop the sale then sale price drops from$255,000 to $190,000 well somebody made some $$ today what a rip off does anyone know where to go from here? certainly not the government certainly not our representatives so who?
Tom- Judges love precedent. Since 13 December 2013, when Ocwen entered into consent judgment in Federal District Court with all 50 State Attorneys General, we now have common law precedent for a pretty wide variety of abuse. I’ve posted the Ocwen judgment on my site, phhmortgagemustbedestroyed.weebly.com for convenience of anyone interested. A lot of reference material on David Stern is also posted as illustration of other bad habits that are now recognized as fraudulent. 🙂
For those who do not know, I have been in the real estate and mortgage industries since 1965, and for many years produced and hosted a weekly radio program called REAL ESTATE FINANCING TODAY on the Money Radio Network that Buzz Schwartz founded, which Buzz sold…. (and it subsequently went defunct under the new [Chinese] owners !).
I am a zealous advocate for justice, having taken on my own industry in the late 1960’s which led to outlawing discrimination in lending. The term REDLINING was coined in my offices with a map that a Savings and Loan rep took a red marking pen to, going street by street to outline where they no longer would lend due to the influx of minorities.
Taylor Hackford and PBS approached me to do a documentary, which was used by Congress to federally outlaw what California, my home state at the time, was the first to make a crime.
NBC followed suit. My original lender was PEOPLES CHOICE HOME LOAN. Dateline NBC has done a bang-up job in a fairly recent documentary that featured them. Look it up, it has great info in it on things, ahem.
I have reported and written articles on legal matters since I was in high school. I read Appellate decisions every day. Now that I am retired, this has become my first love ( after my wife and kids and their families, of course ! )
I have become a bit of a Legend in the Broward County, Florida judicial system – having just sued the judges and staff for misconduct. I have also sued the law firm ALDRIDGE CONNORS that took over from The Law Offices of David J. Stern, who originally sued me for foreclosure just before my supposed new loan terms were set to kick in back in March of 2008 – but who then abandoned the case. I have also sued The Law Offices of David J. Stern and Stern himself ( who now is involved in a Hamburger chain BTW – not flipping them like he did other things, before he got disbarred …which took WAYYYYYY too long, but that’s another story I can give you all the inside poop on, which is exactly what it was)..
Now guess who’s back in the lawsuit. ALDRIDGE CONNORS has brought in the prestigious corporate firm CARLTON FIELDS, and assigned Michael Winston – who defended WELLS FARGO when I sued them at the time David Stern filed his foreclosure suit against me, and whom WELLS FARGO paid boucuotte bucks to, only to have the courts, including Florida’s Fourth District Court of Appeal, uphold my Unprecludable Right To File A New Action Against WELLS. [ “4D” did not want it worded “Judicially Precise” however when I asked them to remand it for proper wording…interesting. I guess convoluted is OK in Florida’s courts ! ] You can’t be TOO upset when the courts hand you a brand new apple ‘tho, can you !!!
Michael also, as part of his defending against my action, filed the infamous “AMERICAS SERVICING COMPANY IS A DBA OF WELLS FARGO BANK, N.A., WITH NO SEPARATE EXISTANCE OF ITS OWN” in my lawsuit – which of course I got to as many people as I could and they came down (semi)hard on WELLS and now require them to identify ASC as a dba of WELLS FARGO
( ASC are Wells Employees in Wells buildings on Wells phones at Wells desks getting Wells paychecks – I do good research, huh !! The OCC refused to accept complaints against WELLS for what they did using their bogus “ASC” alias…collusion anyone ??? ).
Anyway, it seems when ALDRIDGE CONNORS surprisingly set my case for trial for Feb 27, 2014 in December 2013 and I filed numerous Motions which were set for a Special Set hearing on Feb 7th, on Feb 7th the hearing was moved to Feb 24th, 3 days before the Trial !! However, instead of giving me a judge-signed Order of the continuance, right through Feb 24th the Court refused to GIVE me the Order resetting it…AND refused me my right to LOOK AT THE FILE !! On Feb 24th, the court THEN set it for the FOLLOWING day, Feb 25th, TWO days before Trial.. I still had not been allowed to see the evidence and exhibits Stern and ALDRIDGE CONNORS kept from me since March 2008.
Michael Winston and I spent all Tuesday afternoon in the Broward Circuit Court. The Judge finally reset the evidentiary and Motion hearing for March 17th and Trial for April 23rd, however the Judge STRONGLY suggested Michael ( a very brilliant Appellate lawyer, published and respected in Florida ), recommend to his client they make me an offer.
We’ll see.
I had a Court Reporter at the lengthy Feb 25 hearing if anyone is interested to seeing what being before a judge and arguing a matter is all about.
I would LOVE to discuss and share what’s going on with anyone who’s interested. This is a war of economics and the battlefield is the court system FOR NOW…it’s PLANTED with land mines for self-represented, however you need to know how its played or you lose…its rigged against you. The REAL battle will be law enforcement, legislators, and Grand Juries. We can help it along by sharing…[ after all, “THEY” are super-organized, why shouldn’t WE ]
Anyone who wants to get in touch with me can do so at reachth@yahoo.com
BTW, planting certain words in ANYTHING you post or send over the web gets you into the Homeland Security intel system, so I just want to say HI to my friends in Homeland Security and remind them to keep track of EVERYTHING having to do with the International Banking Cartel’s games and pass it around, ok guys ( n gals) ?
We’re going to win this one for the Gipper
Is everyone working with law enforcement ? You should be.
Your email is not working? elyse@gte.net (702)809-0716
I closed my loan with ameriquest. Mers assigned my loan to ameriquest who then assigned it to XYZ Bank as trustee for the sandwich trust.. But when i check the MERS site my loan is owned by a different investor. Also When Mers Assigned the mortgage is was notarized but never signed by the VP of MERS.How will a judge handle this. I have been in court for 5 yrs now and my lawyer does not think we have a case. I am located in pinellas county
Sorry it was Accredited home lender not ameriquest
Bill call me. I am NOT a lawyer but a similar thing happened in my case. The regulars on on Foreclosure Hamlet or Foreclosure Warriors can put you in touch with me. I just don’t want to publish my phone number on a public board.
Bill….I too have same issues in Pinellas with Judge Campbell. Will you give me a call as I fought for 4 years and all the fraud was swept under the rug and MERS is well known by the Judges!! It doesn’t matter, however…laws are being broken, people are having their homes stolen in the courtrooms and NO ONE IS STOPPING THEM…The courts are a joke…elyse@gte.net
To Whom It May concern: if you want to save your home, go to the judge and tell him that. If you have the ability to pay, but don’t claim the fraudulent document defense because bottom line is if you don’t pay, you will not stay. The best strategy is to offer to pay. Force the bank to negotiate a workout and do it in front of the judge. They already know that the paperwork is fraudulent and they don’t care, the judge’s job is to push these foreclosures thru and clear their dockets. Forget about getting a lawyer to defend you because you will end up without your money and a house to live in. Who is going to fight harder for your home than you! Now go get them!!
If you were a judge, and someone came to you and said “I lent this person $xx,xxx and now he won’t pay me back”, you’d be inclined to order the person to pay him back or order his property sold and that money given to the person that lent the money, would you not ? Judges are not concerned with WHO should get the money, just that SOMEBODY gets the money.
Understanding that, courts frown on attorneys and borrowers who delay the inevitable, and they don’t like THAT, either.
But some of us have different circumstances, and sometimes those circumstances wind up that WE’RE the ones that should get money because of what other people did to us.
In my case, the original Note and Mortgage were illegally removed from the lenders custodial bank. Guess who got them… WELLS FARGO. When they arrived they must have assumed they should start servicing the loan, so they told me to send the payments to THEM. My actual lender never notified me, as they were required to do by law, but I trusted I should send the payments to “Americas Servicing Company.” Little did I know it was Wells Fargo using an unregistered name to hide the fact it was Wells Fargo. When I sued Wells, their attorney, Michael Winston with Carlton Fields filed with the court ‘AMERICAS SERVICING COMPANY is a DBA of Wells Fargo Bank N.A.’ and it changed the way Wells does business, and got state and federal regulators looking at them for servicing fraud. They’re still looking.
When I was told my loan was being made into a fixed rate loan for the remainder of the term, and it turned out Wells Fargo was absolutely lying to me to induce me to default ( ‘your next payment is in three months to allow us to do the paperwork but you’ll remain Paid As Agreed because you’re following our directions’), and then filed a foreclosure BEFORE the next payment was due, I called the original lender and they were livid. We reached Accord and Satisfaction, and I no longer own them a penny. But that didn’t stop Wells Fargo…they saw they could get my property or the equity in it for themselves and saw those dollar signs, which blinded them. Trouble is, their lawyer filed in the name of HSBC, which never had an interest in the loan, …ever !
So their lawyer, David J Stern, tried to cover their mistake apparently by preparing and recording an “Assignment to HSBC” and recorded it THREE MONTHS after they filed the foreclosure in the name of HSBC, and then abandoned the foreclosure !!! Meanwhile my original lender confirms they never transferred the loan away and that I do not owe any money under it. MERS has even relinquished their role as Nominee and it shows in MERS records as “Inactive”.
That didn’t stop the new law firm, ALDRIDGE CONNORS, who could have picked up the phone and confirmed these facts and then simply dismissed their foreclosure action against me.
There are five things I really enjoy doing: 1) research and documenting, 2) talking with judges,
3) talking with law enforcement, 4) talking with legislators and regulators, and 5) talking with Media. (and giving people documentation)
Along the way, I constantly make lists of things people did wrong. I document it.
Most homeowners will be told by a judge after they lose, “You just didn’t do a good enough job.”
I like it when a judge tells me, “I agree with you.” It should be some of these BANKS that should be told “You didn’t do a good enough job.” That should be every homeowner’s (with a legitimate right to be given a remedy from the court) goal.
I have had outrageous things happen that would fill a book in my case. My case file is already THICKER than a book. Remember, I sued Wells Fargo and the court gave me the unprecludable right to file against them de novo.
My case is Broward County Circuit Court Case CACE 08018999. You can pull up the Docket. You will find I have just sued and asked for sanctions against ALDRIDGE CONNORS. You will also see I have just sued the Justices and Court Staff of the 17th Judicial District..it seems I had a hearing set for February 7, 2014…I was there with my Court Reporter (ALWAYS have a court reporter and Notary with you at all times !)..the Magistrate continued it to Feb 24, THREE DAYS before the trial…the problem is, no one can give me that Court Order and the hearing for the 24th doesn’t appear AYWHERE. I was ready to petition for a Writ of Certiorary, but the court set another hearing for April 7th, just today.
This is rather preposterous to have been held hostage in limbo for SEVEN YEARS. That seven years has been spent reading Appellate decisions and writing, researching, and investigating. Wells Fargo inadvertently gave me the impetus to discover their dirty secrets, and how to document and present the whole truth to people.
I WANT the truth to come out. It WILL be published !!! I am not done litigating when my case concludes There are lawyers and Banksters to go after and reveal THEIR truth, too..and hopefully get money and prosecutions out of it ….and a banking and judicial system that isn’t as savage and corrupt as it is today. And they are. You should SEE my witness and Exhibit list.
I have also asked for the right to walk into any courtroom in Broward County and video record the proceedings … and to have my foreclosure case heard simultaneously before the judge while MY lawsuits are simultaneously being heard by a jury because the testimony is the same for all matters. Do you see some interesting Appellate decisions coming up ?
I would have thought they would have voluntarily dismissed the foreclosure case against me by now….after all, how can you foreclose a satisfied mortgage in the name of a bank who ADMITS they don’t have any interest in the loan and don’t have a single penny coming.
This case will test the banking and judicial systems, who really are apparently in a state of chaos and disarray.
Point this out to judges, law enforcement and regulators, legislators, and the media. Dig, dig, dig, and get your witnesses and Evidence lined up…and read up on the latest law and be prepared to quote it as to how it relates to the ultimate facts of your case. I’m expecting my trial NOT to be short circuited and to take at least six days… all on video.
I recommend everyone sit in on court cases and take notes… and be prepared to be shocked.
Oh, and the very latest is APPARENTLY WELLS FARGO HAS ASSIGNED THEIR SERVICING TO ALDRIDGE CONNOS, apparently trying to stick THEM with the entire liability
or my being wrongfully sued .. however it appears that the Minneapolis Wells Fargo staff is doing some document fabricating of their own…like a SECOND ASSIGNMENT PREPARED IN 2012 SAYING THE ASSIGNMENT IN 2008 WAS WRONG.
Tom,
I have a very similar situation. Same players too. I am also in Florida. Anyway we can compare notes?
certainly !
reachth@yahoo.com
I disagree even if your in default the burden of proof is on them if an entity wants to collect on a debt they must own the debt and if that entity is claiming ownership by the way of assignment the assignment must be perfected and valid the judge should follow the law so if your loan was securitized there 80 percent chancethat they did not follow the 90 day rule beyond the 90 days its void at its inception how about the millions of homes they did not own or show clear title and wrongfully foreclosed on
I have a similar nightmare with Chase at least in terms of runaround, manipulation and years this nightmare has lasted.
Completely agree with your approach and have practiced it as much as possible without a lawyer. Don’t know how enjoyable it is but it could be the attitude we need to fight for accountability and to save our democracy and not just our homes.
Will review your case if I can track it down and hopefully we’ll be in touch and can brainstorm.
Here’s their little trick…it’s being used by MOST big businesses today:
1) VEX
2) VEX
3) VEX
4) VEX
5) VEX
everything YOU do should turn into an Affidavit and Discovery Request !!!
@ Tom – not in court but have used QWR’s, CFPB and CA Homeowner Bill of Rights to extract info these past months I haven’t been able to get the past 6 yrs. Struggling to get legal aid, settlement enforced which I’m going through channels on. Will be in touch if email is working.
Tom I venture to guess that I am going through the same issue. I could never figure out how we started paying America Servicing Co, could be that we got something saying to pay them but I don’t remember. That being said, I got a notice of intent to foreclose a couple of days ago. It says that Mortgage Lenders Network is the creditor, who was the lenders that we closed with originally. What I have been able to find out at this point is that Mortgage Lenders Network no. Also the loan is securitized so I really don’t understand how MLN can be the creditor even they were still in existence. Also the last Deed of Trust that was recorded was done in 2013, but we closed back in 2006, and they missed depositing the loan into the trust. So my case is similar to that of Glaski vs BOA and a lot other out there. I would like to compare notes sometime if possible. Thanks
You bet !!! anytime !
Everyone needs to go on a RELENTLESS defense AND offense.
Understand, the Banksters ran most of their originating shills out of business to bury evidence, however, if MLN is bankrupt…GET INTO THE BANKRUPTCY RECORDS asap !!!
Chances are good Wells in anticipation of getting some money out of this, just started servicing without you EVER getting noticed by MLN (REQUIRED !!!!)
WELLS makes HUGE sums by getting, and KEEPING, you in foreclosure.
REF– USE to speak with minimum wage CLERKS READING SCRIPTS !!!
Here’s the big honchos at WELLS:
John G. Stumpf, Chairman, President and Chief Executive Officer
James M. Strother, Senior EVP, General Counsel
Timothy J. Sloan, Senior EVP, Chief Financial Officer
Richard D. Levy, EVP, Controller
Michael J. Heid, EVP, Home Lending
Patricia R. Callahan, Senior EVP, Chief Administrative Officer
Michael J. Loughlin, Senior EVP and Chief Risk Officer
David A. Hoyt, Senior EVP, Wholesale Banking
Avid Modjtabai, Senior EVP, Consumer Lending
Send Stumpf and Strother CERTIFIED LETTERS PERSONAL DELIVERY !!
I’d title everyone QUALIFIED WRITTEN REQUEST ( educate yourself on it )
request having an ATTORNEY inside Wells as your SOLE CONTACT and you want a response within ten days
Remind them they are subject to both STATE AND FEDERAL UDTPA and FDCPA
send a copy to your Attorney General, US Representaive and BOTH US Senators and that you want them to intervene for you
TELL WELLS WHAT YOU WANT…they JUST might give it to you…if WELLS goes out of business, they will have done it themselves…by creating a massive number of civil lawsuits and criminal prosecutions
but you know what ? maybe Kovachavik, Stumph and Strother have made SO much money, they just might love to take a break from the morass they have created, I mean WHY WORK when you can enjoy your riches WITHOUT WORKING
oh, here’s their address:
1 HOME CAMPUS
DES MOINES IA 50328-0001
here’s a few numbers, I have NO IDEA which are still working
( always take NOTES while you’re talking to them – THEY are !!!! )
515 213-5192
515 243-8137
515 221-7300
515-564-3075
you want to test their FAX ?? try 515-213-6562
oh yes, I’d send a copy, regular mail, to the 2014 Board of Directors President Jon Kurth
I HOME CAMPUS
West Des Moines, IA 50328.
Phone: 515-213-6424
Email: jonkurth@wellsfargo.com
even BETTER…make THEM pay for it…take it to ANY Wells Fargo office…..ANY
and just address it simply to MAC X2401-057
..that’s there internal overnight delivery system, didn’t know they had their own private postal service did you, or that they OWN thousands of businesses…including PRIVATE PRISONS
Wells has a lot of this work done by their Wells Fargo Home Mortgage division (WFHM)
THEIR internal address is MAC X2409-01F..you might just want to send it both plaes and see who gets back to you faster and ask THEM which one they want you to use.
Might also copy to
compliance@wellsfargo.com
oh yes…just for the heck of it, lets see if we can catch the OCC in destroying more complaints about Wells Fargo, – send a complaint to the OCC via their website
and copy the federal reserve and department of justice, too
starting at the top works better than starting at the bottom
and consider an Injunctive suit pre-emptively…speak to a trial attorney about that first
REMINDER – the program will start at 11:00 am EST (sorry West Coast – either an early wake up call or you can listen to the archives)
Join us on Sunday, February 9th at 11:00 am EST:
CALL-IN studio number or to listen via phone: (646) 716-5461
11:00 am EST: John O’Brien, MA Southern Essex District Register of Deeds and his First Assistant Kevin Harvey – to discuss the impact of foreclosure fraud on our county records.
Register O’Brien:”People need to know that this is not a Democrat or Republican issue! It is an American issue; one that strikes at the very backbone of our country – people’s property rights; and to make deals and turn a blind eye to fraud is awful!”
12:00 pm EST: Larry Doyle, a Wall Street veteran, and an author of the recently published book, “In Bed with Wall Street”.
Larry:”This revolving door and the corruption that goes along with it is one of the only — if not the only — issues that the overwhelming percentage of people in our nation both understand and agree on as being a HUGE problem.”
http://www.blogtalkradio.com/senkalive/2014/02/09/is-our-country-becoming-a-crime-scene-who-is-in-bed-with-wall-street
Any lawsuits from Counties looking to recover their millions in lost fees?? I think not.
http://www.blogtalkradio.com/senkalive/2014/02/09/is-our-country-becoming-a-crime-scene-who-is-in-bed-with-wall-street
Sunday, February 9th at 11:00 am EST:
John O’Brien, MA Southern Essex District Register of Deeds and his First Assistant Kevin Harvey – to discuss the impact of foreclosure fraud on our county records. Register O’Brien:”People need to know that this is not a Democrat or Republican issue! It is an American issue; one that strikes at the very backbone of our country – people’s property rights; and to make deals and turn a blind eye to fraud is awful!”
I am not sure what blog radio is? how do i get to be able to listen to John O’Brien Sunday? Thanks.
Click on the link and it will take you to a page the will show you details of the program and the player that will let you listen to the broadcast. There is also a call in number listed on that page.
My foreclosure action was filed in March 2008, abandoned by Stern, then picked up by Aldridge Connors in 2012 who waited until December 2013 to surprise set it for trial Feb 27, 2014 without as much as looking at the file – which is voluminous, partially due to my having filed suit against Wells Fargo which the court granted me leave to file de novo as a separate action on.
Now I discover they have SERIOUS fraudulent documents which they won’t let me see, so I have a one hour special set hearing for sanctions, for orders to compel, and expand my discovery for Friday Feb 7, 2014, in courtroom 517 at 11a.m. if anyone wants to make it.
MERS has removed itself as nominee and its been over five years since my alleged default, at the hands of Wells Fargo having instructed me my next payment was April 1, 2008 and then filing forclosure before that – which led an investigation that my loan never transferred away from my original lender, who settled with me and there is no balance remaining or any payments past due…plus MERS clearly shows the party Stern sued me under has and never had an interest in the Note or Mortgage, and MERS has even removed itself as Nominee to act under my Mortgage. Stern committed fraud on the court and Aldridge Connors decided they could fix that with even more fraud and a sham trial by ambush !!!
As to government agencies not being interested, that’s patently untrue. The FBI, Justice Department, Broward Sheriff’s Economic Crimes Unit and Florida AG’s office have all been very very co-operative, and I don’t know if YOU ALL KNOW THIS, but much documentation they have is readily available, as are depos, interrogs, admissions, affidavits, and sworn testimony from any other case in any part of the Country…there’s 14 cases worth just that the Fla AG’s office has on just Stern alone.
Turns out Wells Fargo stole my original Note and Mortgage, my loan never made it into any security, and WELLS HAS BEEN TRYING TO GET MY PROPERTY OR CASH FROM A SALE FOR ITS OWN POCKET – MAJOR CRIMINAL RACKETEERING. My case is being made into a Documentary, and FYI any judgment obtained by fraud is void or voidable.
My case is CACE 08-018999 ( HSBC v Heinrich, Broward Circuit Court ). I LOVE to talk to judges, law enforcement and the media, and dig, dig, dig and then present it… Wells is a bigtime criminal in my book for what it has and CONTINUES to do – they have violated their settlements with the government and should be closed, and have done themselves in on my case by continuing to commit more and more fraud and now making Aldridge Connors the new David J Stern.
If you find a violation, you must do all in your power to put it before everyone you can find.
Schneiderman of NY and Harris of California and a few others are preparing new actions and will work with you as they are building racketeering action against Wells which hopefully will lead to Federal Grand Jury criminal indictments. A number of South Florida judges are under investigation for aiding and abetting financial fraud in granting undeserving parties foreclosure.
Know the law, know the facts, and know how and to whom to present it, and DON’T LET ANY COURT disobey the law and allow forged documents and non-proven chains of title to the Beneficial Rights, Title, and Interest in the Note and Mortgage be used to base a bogus foreclosure judgment… its done all the time because the judge and foreclosure mill attorneys think they won’t get caught …but the halls of the courtrooms are full of eyes these days, and this story is FAR from over.
Tom, Since you are in Fort Lauderdale, (and Broward is a tough county for Foreclosure), I might be able to help a bit. You are close enough for us to meet for coffee and review your file. Contact me through Foreclosure warriors, or Foreclosure Hamlet. The locals there know, or should know, how to put you directly in touch with me.
Tom,
Congrats on your personal success and strength to continue to fight. Most people however have had little progress in the way Courts continue to rule. We can try to educate a Judge that the pooling of Mortgages into another investment form changes the ability to foreclose on those properties or that fraudulent signatures void a Mortgage Assignment but it has not resulted into consistent rulings favoring the Homeowners. We all realize we owe a mortgage but it doesn’t give the Banks and the Servicers or their unethical lawyers the right to attempt to foreclose, pile on huge fees or create fraudulent documents where it is not done in accordance with the law.
The truth seems to be that the for years Banks built their own Ponzi scheme investments with our Mortgages and when they were called on them had no choice but to attempt to backpedal and create as much revenue and chaos by attempting to foreclose on properties as well as add trillions in fees of all kind. I’m sure the flowchart on their walls is well mapped with the step by step process, with law firm names, servicers, insurance companies, etc.
Why all the unwillingness to Mod a homeowner who owes a balance when you are compensated for those programs and lose zero?? Because you get paid 2 to 3 times the balance on your books by foreclosing, submitting these to the Gov’t, getting reimbursed then submitting them to your Insurance, getting reimbursed, then attempting to sell the debt for 20% on the dollar.
Judges know they cannot massively rule in favor of homeowners against this chaos. When you take the time to try and understand the law and present it to a Judge, you hope for a fair and consistent legal ruling. Not to be told, go in the hallway and work with Mickey Mouse and see if he’ll resubmit the documentation cause it’s signed by Donald Duck who works in the mail department.
Until someone or some lawyer is able to present a solid case ruling which will set precedent for all of us to use as well as the specific type of foreclosure defense lawsuit very little will help the majority. I understand circumstances are different in each case and some individuals are having success across the country but it is not filtering out to the masses who are experiencing the same issue.
Tom, if there is a class action being put together, I would like to be a part of it.
me as well, lets all team up and save our homes and our reputation
Was interested in obtaining your Complaint and paid the $5 but only able to see headings and not the Complaint itself?? Will you send me a copy via email as I am going to sue the banks, Judges and Court Clerks for denting my civil rights to the LIBERTY and JUSTICE for ALL crap we were told in AMERICA? elyse@gte.net or call (702) 809-0716
Hello idynps…I live in Florida and been fighting foreclosure for almost 3 years. The note served only had one blank endoresment from the original lender to country wide written next to pay to but what had been filed with the court has 2 other endorsement…what its my defense on that finding?
Every endorsement has to have written documentation to prove why the endorsement was done and to legally substantiate it was done properly. This is one of the problems with judges, they blindly accept an endorsement, and the MERS system was created to “BLURS” this documentation…if the docs don’t exist nobody goes to jail. Remember a judgment obtained by fraud in typically unenforceable…a Subpoena to Produce should do the trick…even AFTER a foreclosure sale. And complaints to the Judicial Qualifications Commission HAS to be investigated, altho’ they won’t want to give you the results, however under law this is OUR Country and we’re ENTITLED to view whatever we damn well want unless it has to do with National Security or minors. Don’t ever be afraid to fight…it’s what makes this country great…even the common folk can go up against the establishment big boys (and girls, few as they may be)…but check with an attorney, this is not legal advice but a point in a direction
Would like to discuss Notice of Hearing of Petition for a foreclosure case…
hi I am fight detusche bank I found out thru request for admissions that my loan was securitized which means it became a stock no longer a loan which means they had to destroy my note which means under rule fas 140 they no longer control the note because a note and stock can not exist at the same time plus it forever change its state it go from a secured debt to an unsecured debt its registered with Sec then the admitt my note is left in blank assignment Mers assigned the note to deutsche bank which we no that they don’t have the right to due I asked for the original note with my signature on it they said the declined they have a copy i told them its fraud I know they don’t have it I had crappy lawyer who I fired they said they would not respond to my request the matter was resolved by order of consent which I don’t understand they sent me letter of default I sent letter back disputed so i want to file quite title against them I need advice I think I have good case broken chain of assignment they lack standing blank assignments are not acceptable form proof perfection supreme court ruled mers is never holder in due course and I don’t think deutsche is not registered to due business in new jersey any help would be great
I actually have another question which is somewhat related to my first question. Shequita Knox, also signed as Attorney In Fact for the FDIC, now from doing some research it seems as if there should be a power of attorney filed in the county she is in, in order for her to sign as attorney in fact for the FDIC? I am also wondering if this is true in order for her to sign as a VP for JPMC, even though she works for them (which is not actually her title)?
File a lawsuit and put them on the defense…it’s fraud and they know exactly what they are
doing!!
I got all of the documents that were there months back, but I will check again. MER,s is on my document. I asked them exactly what you told me. He looked up my name and address and could not find anything
Did you ask AIG if they held the default insurance on your loan through whatever bank is attempting to foreclose on you? Is a bank attempting to foreclose on you without being sent a default notice? Are you being sued for foreclosure? I so, you may want to file a cross complaint with several “Causes Of Action” and harassment because you are not in default? You issue seems rather unique as a default is necessary in most cases, however, we are dealing with crooks and liars!!
No they have not sent a default notice. It been over a year. That’s what scares me, they have not done anything.
Have you gone to your County Recorder Office to gather all paperwork on your home? If not, you must retrieve whatever is there because there may be a Default Notice filed and you were not served…they use much trickery with their fraudulent foreclosure practices. Do you have a MERS on your Deed Of Trust? If not, what information did you ask of AIG?
They will get to you…MERS has had some 63 million loans that are all in danger and it will take more years than can be imagined to get to all of them.
The Banks joined together with Freddie and Fannie to securitize the loans and bundle them into pools of Mortgage Backed securities and sold those bundles to unsuspecting investors around the world…
The country of Iceland even went broke and had to file BK because they invested in the scam…it’s a huge Ponzi scam and the Courts are allowing it to happen…
File a lawsuit against whatever banks are coming after you, stop sending your faxed proof for a modification and STOP talking to the banks!! They cannot help you and will not try!! They are bullies and many hundreds of thousands of homeowners are fighting for their rights!! It’s a mess and unscrupulous!! Bastards!!
IDYNPS. Is it possible that the loan could have been insured by another company other than AIG. I called them and they said they could not find any information. Is it possible the loan was not insured?
If you gave AIG your MERS ID #, then you may have to use the TRUST name that your loan was bundled in, if you have that information? To answer your question, yes, I guess another Insurance Company could have insured the mortgage backed securities…scams were going on, on many levels! It’s all a fraudulent enterprise and illegal! I have spent much time doing my due diligence and based on what State you are in, there may be other recourses available for you to reach out too. A question…we’re you served with a DEFAULT NOTICE or 2? 3? 5? ….the default notice is what kicks in the default insurance. AIG had so many default swap claims that they went to the Bush White House for their bailout in the billions! AIG over extended their ability to pay off all the claims from the banks demanding it…sometimes 2-5-9 Notices were filed as the banks knew they were in trouble!! It’s so bad that it’s difficult to wrap our heads around!!
Thank goodness weed is legal here in California!! This is the biggest crime in the history of America and they are getting away with it! Keep Up The Fight!!
idynps
it is the CHIEF judge of each state that is responsible for each and every judge below them to protect their oath to the US Constitution and mandate each judge follow their oath to the US Constitution and protect the Law of the Constitution.
idynps
WA State Attorney General says “Goverment Officials” can violate the law and citizens have no say about it!
You are correct!! This scam is violating the law and of course…it doesn’t matter!! When I attended my final court appearance and I brought 2 Assignments Of Mortgage, enlarged them and glued to poster board and it clearly provided evidence of Robo signed by an employee of the banks lawyer, David Sterns, as well as the second Assignment notarized before it was even signed by the robo signer…IT JUST DOESN’T MATTER!!! The Banks are stealing homes and the Courts are allowing them to do it…NO MATTER WHAT! After that hearing, I walked outside and just broke down in tears because I realized, the Courts are not protecting the homeowner…After that scam hearing, I was offered a mere $2,500 as a “cash for keys”…after many further conversations with the law firm representing the bank, they asked “What will it take to get you out?”…I said give me $50,000 and I’ll be gone in a week! The lawyer said the banks will never go for that, but they did…after I shared with the law firm that I filed for an Appeal and that I placed a complaint with Attorney General, Eric Holder! They freaked at that point so gave me $50,000. That was more equity than I had in my upside down loan!! I am now fighting for my second home…It’s a horrible situation we are in but we MUST fight to the bitter end!! Good Luck Good Citizens of America!!
The bottom line is courtrooms are NOT making any rulings regarding Robo signing that favor the homeowner in any large numbers or which would set precedent. The fraud was just too large to start throwing foreclosures out of court. It is a shame, but that is the reality of what is occurring.
IDYNPS, How do we get evidence that the bank was actually paid off. I have a second mortgage with Wells Fargo and its been over a year and they have not taken any action, which I find very strange.
It’s the RICO Act…which is an ongoing criminal activity!!!! This RICO Act is what the LAW uses to bust criminals like the mafia…Finding the evidence is so difficult for people like you and me. They are working together in this “web of deceit” and even bringing it to the attention of the courts, it doesn’t seem to matter. Contact AIG in NYC tomorrow, Monday. Whoever answers the phone, a receptionist, ask to be connected to accounts payable…do not say you are a homeowner, just ask if your MIN. number (MERS ID) has been paid? Try not to disclose much information, you are attempting to know that there is “clear title” period.
James, we are under attack and the Banks are killing us without even shooting a gun!! It’s a CRIME…we need to get it out of the CIVIL COURTS cause the Courts are allowing this to happen…Good luck!
When a bank files a complaint based on a DEFAULT, the bank files a claim to the insurance company (AIG) for the loan being in DEFAULT and the Bank is PAID IN FULL on that DEFAULT…Can you imagine? No wonder the Wall Street Banksters are experiencing such growth!! File a lawsuit against the BANK that is coming after you…Not that it matters because the Courts are allowing the Banksters to steal our homes!! File it anyway and perhaps you’ll be lucky to get a “JUDGE” that “gets it”…Good Luck American Homeowners under attack…we’re getting screwed but don’t go down without a fight!
I have a quick question, just wondering if someone might know the answer. After reading a deposition done by Erika Lance of Nationwide Title Clearing (the company that prepares documents for JPMC, as well as other banks). I started to wonder how the individuals signatures who are on our Corporate Assignment of Deed of Trust got there. The individuals in question Shequita Knox, who signed as VP JPMC and Attorney In Fact for the FDIC and Angela Ruth Payne (Married name Gibson) was the notary. I know from conversations with JPMC, Shequita is an employee there and according to them Angela is not an employee, both of whom are in Louisiana, which is where they supposedly signed the document. Yet, the document was prepared by Nationwide Title Clearing in Florida. Exactly how does that work? I know from seeing other documents that were signed by Shequita Knox and Notary Miranda Avila (Robo-signer), Shequita was supposed to be in Florida a few months prior signing our document (Although she was really in Louisiana). I guess what I am getting at is how is it that Nationwide Title Clearing prepares these documents in one place, yet the people who signed on them are in a completely different place? Just seems a little fishy to me.
make a formal complaint to: [PDF]
complaint form – Florida Commission on Ethics
http://www.ethics.state.fl.us/forms/Cmplaint+FAQ.pdf
(Print, Type, or Stamp Commissioned Name of Notary Public) … Please explain your complaint fully, either on the reverse side of this form or on additional sheets …
STATE OF FLORIDA
COMMISSION ON ETHICS
P. O. DRAWER 15709, TALLAHASSEE, FLORIDA 32317-5709
COMPLAINT
It’s Called ROBO SIGNING…and it should be illegal. I had an assignment that was Notarized before it was even signed and it didn’t matter to the Judge!!! What’s being done is CRIMINAL, not Civil, however, the Sherriff, DA, Attorney Generals, Department of Justice or FBI will NOT take a Report!! They all direct the homeowner’s complaints to the Consumer Financial Protection Agency who send your Complain to the BANK and whatever the BANK sends back to the Agency, that’s all they do???? It’s the biggest Ponzi scam to ever be perpetrated on the American people and it’s illegal, it’s fraud, but it doesn’t matter!! If just ONE Sherriff would file against the banks, it would grow like a weed and these banksters will be arrested for these illegal activities!! File your lawsuits and wait for someone to step in and arrest the Banks using robo signed documents to steal our homes! It’s far beyond unbelievable…it’s CRIMINAL!!
I actually have another question which is somewhat related to my first question. Shequita Knox, also signed as Attorney In Fact for the FDIC, now from doing some research it seems as if there should be an power of attorney filed in the county she is in order for her to sign as attorney in fact for the FDIC? I am also wondering if this is true in order for her to sign as a VP for JPMC, even though she works for them?
The Cease and Desist letter may have worked but they will just sell it to someone who will come after you probably. You can file bankruptcy chapter 13 and strip that second mortgage. If you need help with that let me know at Keystonegatorfan at gmail. If they try to contact you or collect file a suit in Federal Court against them……it puts money in your pocket and most of the time it will never make it in front of a judge as the debt collector will settle for money damages out of court. FYI each violation is about $1000. I am filing against a bank this way. I don’t even have a mortgage and they are trying to take my home!
I have a second mortgage with Wells Fargo, we have not paid them in almost a year. I did send them a cease and desist letter a few months back. Why have they not initiated some type of action?
How is it legal for mortgage company like Flagstar Bank to sell a note in a bulk discounted sale to an investor and then Flagstar files insurance claim and get paid for the full amount of the loan??? Seems like fraud to me.
@aj: If Flagstar then comes after you, they would be guilty of double dipping. All you need is proof of those transactions. Go for it and keep us posted.
hi everyone
am trying to post about a major settlement with chase bank about fraudulent modifcations. this is a nationwide multi district litigation. the court docs at the website below list the law firms that may cover your state. this settlement offer from chase includes immediate stopping of any foreclosure action . however it seems allegedly because it was done to me that chase home finance changed all of the old account numbers in april 2011 beginning with 002 for your bear stearns predatory loans including both first and second mortgages and created new loan numbers with higher interest rates and loan terms which is a violation of title 12 of us federal banking law. the transferred loans must have the same terms
the point being that chase is not giving the federal district court of boston the old account numbers going back to 1999 or to the settlement administrator or the law firms to send out your notices.
please join me in giving the court due notice about this as well as the law firms and the settlement administrator. the court order demands all account numbers old and new to be notified. chase has not sent me my notice and possibly up t o two million other homeowners like me in Washington state and throughout the U.S.
http://www.chasemdlsettlement.com has all the court docs in pdf format and the first one has all seven law firms listed. this case was initially entered into federal court in Yakima wa. as a class action under the federal fair debt collection practices act and then consolidated with seven other cases across the u.s. by the MDL committee In new York of the federal courts
the point being this class action had monetary claims as a FDCPA case. but the federal judges changed it to and MDL case with no monetary settlement at all and chase is offering yet again another alleged fraudulent modification with dual trackng as required by the federal reserve regulation that says mods must be able to pass the net present value model and actual value models computer software in order to be approved for a mod and if not able to then dual tracking is allowed and fraudclosure commences
NONE OF THE DISBLED VETERANS WITH OLD ACCOUNT NUMBERS THAT WER ECHANED BY CHASE ALLEGEDLY FROM APRIL 2011 TO OCT 2011 WILL EVER GET A NOTICE . ONLY THOSE WITH NEW ACCOUNT NUMBERS. THIS CASE COVERS BOTH HAMP MODS I AND II AS WELL AS INHO– USE NON HAMP MODS BACK TO THE BEGINNING OF BEAR STEARNS AND EMC MORTGAGE NOW EMC CHASE OUT OF LEWINSVILLE TEXAS.
WE HAVE ALL BEEN SOLD OUT ALLEGEDLY BY THE COURTS AND THE LAWYERS WHO WILL GET $ 10 MIILION IN FEES WHILE THE VICTIMS OF EMC CHASE FRAUDULENT MODIFCATIONS GET NOTHING.
THIS CASE SHOULD HAVE NEVER BEEN CHANGED TO A MDL CASE FROM A CLASS ACTION CASE UNDER FFDCPA CASE WHERE A MONETARY CLAIM IN THE BILLIONS COULD HAVE BEEN ESTABLISHED. CASES LIKE THIS WERE WON IN FEDERAL COURT IN TACOMA WA FROM ARI BROWN ATTORNEY AT HAGENS AND BERMAN LAW FIRM IN TACOMA WA.
GO FIGURE WHY IT WAS MOVED TO BOSTON AND CHANGED TO AN MDL WITH NO MONETARY CLAIM.
IF YOU HAVE ALREADY FORELOSED ON YOU ARE OUT OF THIS SETTLEMENT.
Reply
dangeroosdaveve McCrae says:
February 28, 2014 at 8:43 PM
Tom- Judges love precedent. Since 13 December 2013, when Ocwen entered into consent judgment in Federal District Court with all 50 State Attorneys General, we now have common law precedent for a pretty wide variety of abuse. I’ve posted the Ocwen judgment on my site, phhmortgagemustbedestroyed.weebly.com for convenience of anyone interested. A lot of reference material on David Stern is also posted as illustration of other bad habits that are now recognized as fraudulent. 🙂
Reply
It IS fraud and the courts are allowing them to do it! It’s the worst crime in the history of the United States and our officials are NOT protecting us!!! Bernie Madoff is a tiny little pea compared to what the Banks are getting away with!! File a lawsuit and fight them as the Plaintiff, it’s hell but you must at least put up a fight!! Good Luck…
If the system works right for them, they might wind up with three or four times the amount of the loan…remember they borrowed money and have very little of their OWN, if any, in it
research it on the web…lots of great insider books that show you how its done
Tom, we had a relatively stable economic system in this country, until the thugs came in. Any chance you would consider running for Congress? Will be in touch.
Old WAMU Errors Promise Victory for NY Homeowners Now in Foreclosure
http://www.docstowork.com/Bankruptcy-Blog.html?entry=wamu-s-old-errors-give
Right on Imanda Don’t accept anything less than you deserve ,
since 2008 i am fighting corrupt judge Alice Schlesinger of NYSC that gave Fidelity National’s Title client and another corroupt client one each of my two properties so that Schlesinger could take a bribe.. Patience one by one we are watching them exposed from LPS Docx down.
December 24, 2013, 3:13 p.m. ET alert alert alert LPS IS BACK
——————————————–
Lender Processing Services, Inc. Receives All Required Regulatory Approvals for Previously Announced Acquisition by Fidelity National Financial, Inc.
Hark….the For Closure Angels have brightened this Sunday morning. . .your post above shall be printed and read aloud daily. Some fights are necessary and worth having. For example…Jahi. 777…..MetLife and I are about to have our C2J…..like that wonderful basketball coach….”when the dog does sumthin’ rong….you roll up the paper “bad dog”….swat the banks…bad bank. Bad. Never again. Bad bank….swat ( harder this time )….”wabAMM” Bad bank. Never again. You think Kim J Un’s other uncles aren’t out maxing their cc s on Kim? Feathertouch but hit hard after that. Real fn hard. Merry Christmas ALL….to the light….6s ii 7s. WUUUfff. GOOD DOG….☆☆☆☆☆☆☆
You have a good case for breach of contract. CitiMortgage tried to make us move and offered us a $3,000.00 check. We said NO! It took us 8 years to the date to settle our claim with CitiMortgage for wrongful default and wrongful foreclosure. It all started with 2 miss applied payments that went ???????. They never could tell us. We settled on OUR terms and got what we wanted. But, it was never ending and mentally exhausting. What benefited our case was that CitiMortgage could not respond to a court order within the timeframe, they gave us 20 days to submit discovery and the judge gives CitiMortgage 90 days. WTH! Don’t give up, stand firm on what you want and don’t let them intimidate you. CitiMortgage Attorneys even threatened our attorney numerous times. Really? Judges are getting fed up with bank attorneys using deceptive practices in their courtrooms. It slows the whole process down. One thing in common with all banks, one department doesn’t know what the other is doing. Once the mortgage is in the legal system, it is pure hell to get it out of that status. Just hang in there; there is a lot more they will put you through; reading comments and 8 years of fighting, it seems like its a stepping stone. You have to climb the course and successfully get through each maze with your sanity. One a scale of 1-10 of completion, you are number 3. Good Luck, maybe I can help somebody. Don’t ACCEPT NOTHING LESS THAN YOU DESERVE!
About 6 years into our dispute with CitiMortgage regarding missing mortgage payments, and showing our proof of payments, CM decides that I need to show proof of payments for the entire loan history……REALLY……well, it took about 2 months, BUT, we complied and made enough copies to give out as requested per department. Its the little things that will drive you nuts. I had to provide proof of monthly payments for 12 years. CM letter proof of payment, proof of payment from our checking account; CM started backing down some at this point. Glad I held onto this paperwork for so long.
C. Osborne,
Yes, the judge notated in the order that we could bring an issue back before him…can’t remember the exact wording, but I’m not sure what motion I would file and what I would be asking for. It encompasses potentially several issues so I first need to wait to find out how badly we get hit with the tax because title will not have transferred in 2013 and what the other damages and allegations I’ll need to address in whatever motion I file. I’m just so sick and tired of it. You all here know what I mean. It is criminal in itself that they can just continue to do this to people.
I am sorry you are going thru this, we too are being held hostage by utility company requesting deed before they will terminate service, wells fargo did not even pay stamp doc to courthouse yet after they bought it at auction , same thing with insurance issue . It seems it never ends , our house was valued at 61,000 and we paid 168000 , our credit continues to get sacked and my daughter lost her only home. Now on top of that unemployment ends for those of us who are really trying to get jobs. HO Ho Ho
This is an up-date of my case and hopefully won’t be what happens to those who have been completely successful.
1. Filed an adversary proceeding, pro se, in BK court against JOA (fictitious) name;
2. Litigation went on for 2 years and with their last attempt for a SJ which failed, judge was going to set a date for trial;
3. BOA finally agreed to settle the case rather than proceed to trial and for which I have been banned from speaking about the case;
4. Settlement Agreement was for a lump sum cash settlement and we agreed to a DIL, NOT a foreclosure along with a few other misc., terms;
5. Settlement signed in July and also approved and signed by the BK judge. Agreement calls for the property to change hands and home to be vacated in pristine condition on or before September 15. Contacted by their attorney to allow an inspector to be able to come in and look which we willingly agreed, but no inspection ever took place. We moved out and notified bank attorney. We were paid the money to move out as per the agreement;
6. Notified attorney that utilities, taxes, HOA dues and other bills needed to be paid and those people notified of title transfer;
7. Since that point, utility companies refuse to disconnect and keep billing us, JOA continued to harasses us with threats, phone calls, more accumulated charges as their foreclosure unit claim to have no knowledge of any agreement. After we were threatened by the state tax office of a pending sale for unpaid property taxes and another threat by me to the bank attorney, the taxes were paid, however, they seem to have applied these charges along with forced home owner’s insurance to this on-going bill from their foreclosure unit;
8. The property still in our name will mean that if the “tax relief” bill does not get put back in for 2014, we will face dire tax consequences based on whenever they decide they want to take title.
They have completely violated and breached the agreement every which way from Sunday, have made us incur more dings on our credit which was also addressed in the agreement and leaves us dangling with unknown present and future liabilities. I believe that I should just go after getting the home free and clear as I don’t know how else to get this monkey off my back. We have been cheated and lied to by them since 2009 when the fiasco actually began and I thought that it would finally be over and we could put the pieces of life back together but it just goes on and on.
Anyone else out there who is experiencing the same thing?
guess…since they violated the terms of the settlement….would tell them….you are no longer required to keep quiet………
I agree with your logic but it probably wouldn’t stand up legally; a wrong for a wrong..lol But since they have so egregiously breached the agreement, pretty much makes it void or voidable at this point. I don’t know and as much as I hate the thought, I have to start doing my legal research again and start prepping for the next legal go around. Not looking forward to it at all but you gotta do what ya gotta do. With that said, happy holidays to all here and a very safe and happy new year!
From what I have read in Jursidictionary….normally Offers of Settlement or Compromise are not allowed to be revealed/admissible….EXCEPTION….when one party makes offer….other side accepts offer….party that made offer doesn’t follow through with offer. Since the BK Court is one that signed off on the settlement….can’t you file a motion with them for violation of settlement agreement?
If it helps one it helps all. . . Please use my Boise Police Department Official Criminal Complaint against MetLife Bank….Laura Burrie and Ringert Law…both of Boise.
Fraud w RICO and collusion. The perjury is simply a cherry on top. I am suing these parties for millions….$6000 wasn’t enough. A grand for each year in hell…. trevor.hitchin@gmail…..lets twwwalkabouit…… 777
I go to court on Wednesday 12/11 and am putting my case in order. I have proof of fraud. Just FYI, one of the attorneys who advertises on this site is Forrest Law Firm. I used him for my attorney and he kept the banks at bay for three years, BUT he overlooked all of the fraudulent items your website speaks about and was ready to let them take my home. He is no longer my attorney and I am thinking he was negligent. On my own I have found proof of robo signer Theodore Shultz and four other robosigners, but with Shultz I have proof of signature as MERS VP and then also as Aurora Assistant VP. I have other issues I will raise in court and have to go in Pro-Se because Mr. Forrest did not do his job properly. I am getting a crash course in how to do this on my own through hours of study and dedication to winning based on the massive fraud perpetrated on me and the courts.
Christina, Good Luck. Let us know how it goes. Just settled against CitiMortgage for wrongful default and foreclosure fraud; it took 8 years tied up in the legal system. Look on the bright side……lets hope you do not have 5 years to go. We also had an attorney for 54 months that told us we needed to have a place to move to by October 2010. They also tried to get us for another $3,000.00 for assistance with a loan modification. I fired him in February 2011, fought like hell and hired a Real Estate Attorney who let me fight my case my way. November 01, 2013, we signed contract all parties agreed upon, 0% percent interest, bank has to pay 8 years of legal fees (lol), fix our credit, no judgments’ ever, mortgage will state “Satisfied-paid in full”, no early pay off penalty, etc. My HOME is full of holiday cheer this year as we are unpacking boxes that have been packed since 2005. Folks, stay strong; you can win; its not easy; and they will drive you crazy. Little bit of advice…..do NOT let the bank talk you into a Short Sale; it will stay on your credit for 15 years. They don’t tell you that.
Imanda Thank you! I filed a “motion for enlargement of time” and because my attorney just removed himself from the case officially 3 days prior to the trial the magistrate granted it – but it was more than that. I have ample proof of fraud and I believe the Magistrate and the Plaintiff know it. So we are having a review on 1/22 of all issues. By that time I have to have a new attorney or waive my right to one for the trial on 2/19 because the plaintiff’s attorney said there would not be enough time for him to know what my new attorney would request or file if it was after 1/22. The judge granted that, but I also have time to file and “motion for amended complaint.”
Thanks for your support and congratulations on winning your case!
Imanda, which state are you in? Would like to look up your court filing if possible.
And congrats on getting a good outcome.
Imanda, can you send me everything that you can on Citi Mortgage. I am having some issues with them as well. jsmith5915@msn.com. Thanks
James, I have to much documentation to send. A lot of negotiations were through the fc loss mitigation department. Your claim will have to reach that department before anything will be done. They will have to get approval from investors to offer a deal. Send me your email and I will try to help you. It takes not backing down and don’t give into anything you feel is not correct. We live in the state of Florida. Every time Citi filed a motion; we filed one back. I have a great story about our experience in mediation. Citi’s attorney left our mediation to get a McDonalds hamburger. lol Wasn’t funny at the time as the mediation cost us $3,000.00. That’s just the beginning!
Hi Imanda. Would you please send me an email? Thursday I had the bank’s MSJ denied, and we’re going to trial. I’m pro se. Thanks.
Spread the word to everyone.
NMS LAW CORPORATION 1206 E 17TH STE 201 SANTA ANA CA 92701 THIS LAW OFFICE IS RAN BY SCAM ARTIST! THEY RECENTLY HIRED EMPLOYEES AND FIRED THEM WITH NO JUST CA– USE AND DID NOT PAY THEM. ONLY PAYS EMPLOYEES UNDER THE TABLE BE CAREFUL ORANGE COUNTY!!!!
Looking for homeowners here in Cheeseland with loans from HomeSide Lending, allegedly sold to WaMu, serviced by Chase and/or Wisconsin mortgage.
If you were foreclosed, succumbed to a deed in lieu, are an alleged “debtor in possession” or in any stage of alleged default or foreclosure, I would really like to hear from you.
Homeside/WaMu/WI in the subject line please.
usedkarguy@yahoo.com
Everyone should read the book “FIGHTING THE FORECLOSURE MACHINE -THE HOMEOWNER’S HAMMER” Robert M. Janes. “DON’T ASSUME THEY WIN – even if you’re behind on the mortgage payments’!
I also spent months and months of time researching….looking for where/when the Banksters made mistakes/committed fraud etc…it doesn’t matter!
The Banksters are the Plaintiffs……the Burden of Proof is on them!!! Make them PROVE beyond any/all doubt that they are PETE! Go on the Offense…not the defense…..
Appeal from a judgment of the Superior Court of Orange County, Karen J. Bravata, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Law Office of Quyen Kiet and Quyen Kiet for Plaintiff and Appellant.
Houser & Allison, Eric D. Houser and M. Benjamin Susman for Defendants and Respondents.
OCWEN’S guy M. Benjamin Susman-lawyer
DON’T GET CONF– USED! that’s exactly what they want…feel indignation on how the “BANKS” are treating us! Ocwen loan Ser LLC will never record an assignment of DEED OF TRUST.they used WESTERN PROGRESSIVE -Attorney in fact Madan Kumar–House&Allison Lawyer Manford Benjamin Susman ..remember Ocwen LOan Ser LLC in ONLY A DEBT COLLECTOR,,,LOOK ON YOUR “BANK STATEMENT’ WHO’S NMLS # IS SHOWING ON TOP? AND THE NC PERMIT #?
DID YOU CHECKED IN MERS WEB SITE?..
.https://www.mers-servicerid.org/sis/search
what about?.Sample Written Complaint to Lender
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/res/reslettr#!
Sample Written Complaint to Lender
The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA). Be sure to read more about RESPA, and your rights under this Act, elsewhere on the RESPA site.
Attention Customer Service:
Subject: [Your loan number]
[Names on loan documents]
[Property and/or mailing address]
This is a “qualified written request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).
I am writing because:
My servicer Wells Fargo told me that Ocwen Loan Servicing was my investor. You are saying that they are only a collection agency. Also
Shouldn’t I have some type of assignment telling me that they own the loan?
Jamaes..you have to complaint to CFPB–and to NMLS-Dept of Bussiness Oversight since OCWEN LOAN SERV LLC ONLY A DEBT COLLECTOR USING NMLS 1852 MUST BE REPORTED DUE TO HIS CHANGE OF ADDRESS TO VIRGIN ISLANDS AND THEY DID NOT DISCLOSED THIS NEW ADDRESS AND BY LAW THEY HAVE TO.
Ocwen Loan Servicing is just that — a loan servicer. They currently hold my account – but not as Trustee. I see you are in KY from prior post. My loan was transferred 3 times (Fremont, Saxon, Ocwen) and the investor is Deutsche Bank. Your “investor” could be anyone! If Ocwen is now “investing” this certainly is news and a conflict for them!
I discovered that Ocwen uses Wells Fargo BANK in San Francisco, CA for payment receipts, as it was listed on a recent mod proposal as a place to send certified funds.
Yes, you should make ANYONE who tries to foreclose PROVE the chain of assignment.
Legal Aid in KY will not sue on your behalf, but they WILL answer/defend you against a foreclosure lawsuit. This one action kept them from taking my home.
Once your recieve a foreclosure notice, legal papers from the court with a date, regarding any entity that claims to have rights and starting foreclosure (has to be judicial, so you will get some type of legal notice) take it immediately to Legal Aid. They will file a response and Ocwen. My attorney requested discovery knowing DeutscheBank had attempted foreclosure without proper proof. They will have to comply with discovery. It tied them up – as the file is a huge mess! Albeit, my *discovery* was about 10 lbs of meaningless info, out of order, multiple copies, etc.
At one point, in these papers, it stated Wells Fargo securitized these loans. However, DeutscheBank is the investor from other documents. I haven’t rectified this wierd bit of info or presented it to coult, but I also haven’t gotten any more legal actions filed. Working on getting Ocwen to comply with modification and have escrowed my “potential” payment of 33% income with attorney. I would suggest you start “paying” yourself what you feel should be going to mortgage payment each month in anticipation of this.
If you are unsure if a foreclosure has been initiated, do a self search on your name for civil actions against you on your courthouse or sherrif’s web site. Typically, a sheriff serves these notices and it is in their system. If anything else, go to court and file a request for “continuance” asking for time to obtain an attorney if you discover that you have a court date and no time to act.
must report thsi to ‘scam.com’ and ripoffrreport.com’..
Geneva, please email me at jsmith5915@msn.com.
Beware of NEIL GARFIELD!!!!! He took our $1300, sent worthless securitization docs, no title search and wouldn’t give us our consult. He confirmed refunds , but Paypal and Square tell me the funds are not there. Garfield’s office says they fixed this yesterday and they haven’t.
These people are horrible crooks. They took advantage of my ill, 76 year old mother. The FL Bar is investigating them.
Prepare a satisfaction of mortgage and personally sign it Donald Duck as VP, copy and paste the last notary credentials from your fraudulent Assignment and file it at your County records office. Watch how quickly the Sheriff is knocking on your door with the cuffs.
I just took a proposal (my civil suit, with corresponding criminal activity of defendants) to our grand jury here in Burnet County, Texas for just such action. We considered the miscreants for about 15 minutes before deciding that USAA, PHH, and BBDFTE could not possibly be guilty of such fraudulent behavior as alleged, since they do such a great amount of business here and are such excellent corporate citizens. Oh, well, 253 other counties here in Texas, we’ll check them out one by one….
Japanese Proverb: Fall down 8 times, get up 9.
I’ve decided to go to District Court with a class action instead of Burnet. We’re over $75,000 so would end up there regardless. I’ve invited my defendants to an alternative dispute resolution meeting, as is required prior to filing litigation, on 24 December 0900 at my house. Anyone else with information is also welcome. I’m at http://www.phhmortgagemustbedestroyed.weebly.com
My Corporate Assignment of Deed of Trust’s Date of Assignment was September 9, 2011. As you can see below the cutoff date was January 1, 2006. Based on this information Beth says that the document is void. I don’t understand all of this. What does that mean to me? What do I do with this information? Who do I address this with, the Servicer? MERS? the Lender? or the Assignee? Is this enough information that I can negotiate with whomever, without having to hire an attorney?
@ James Smith – here is the info regarding the claimed trust your loan is supposed to be “pooled” in. If the Assignment you have is after the cut off date 1/2006, then you have an argument that your loan is not in the pool. Also it is the depositor, not MERS, that is to assign the loan to the pool.
http://www.secinfo.com/dsvrn.vA9.htm#ed0
Residential Funding Corporation
(Master Servicer and Sponsor)
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
Residential Asset Securities Corporation
(Depositor)
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
U.S. Bank National Association
(Trustee)
(owner of mortgage loans on behalf of issuing entity
for the benefit of holders of certificates)
SUMMARY
The following summary provides a brief description of material aspects of the offering and does not contain all of the information that you should consider in making your investment decision. To understand the terms of the offeredcertificates, you should read carefully this entire document and the prospectus.
Issuing Entity……………………………… RASC Series 2006-EMX1 Trust.
Title of the offered certificates…………….. Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX1.
Depositor………………………………….. Residential Asset Securities Corporation, an affiliate of Residential Funding Corporation.
Master Servicer and Sponsor………………….. Residential Funding Corporation.
Originator and Subservicer…………………… Mortgage Lenders Network USA, Inc.
Trustee……………………………………. U.S. Bank National Association.
Cut-off date……………………………….. January 1, 2006.
Closing date……………………………….. On or about January 20, 2006.
My original Lender on the Deed of Trust was Mortgage Lenders Network. I have a Corporate Deed of Assignment that MERS assigned to US Bank, National Association, as trustee for RASC 2006-EMX1 at 4801 Frederica Street, Owensboro, KY 42301. The recording was requested by Wells Fargo and they are also listed as the default assignment. Wells Fargo recently sent me a document which listed Ocwen Loan Servicing as the investor. If that is the case, shouldn’t there be a document assigning the loan to Ocwen Loan Servicing? Im so confused with this stuff. Something is truly wrong with this loan, but I cant afford to hire an attorney to get to the bottom of this. jsmith5915@msn.com. James Smith
My Corporate Assignment of Deed of Trust’s Date of Assignment was September 9, 2011. As you can see below the cutoff date was January 1, 2006. Based on this information Beth says that the document is void. I don’t understand all of this. What does that mean to me? What do I do with this information? Who do I address this with, the Servicer? MERS? the Lender? or the Assignee? Is this enough information that I can negotiate with whomever, without having to hire an attorney?
@ James Smith – here is the info regarding the claimed trust your loan is supposed to be “pooled” in. If the Assignment you have is after the cut off date 1/2006, then you have an argument that your loan is not in the pool. Also it is the depositor, not MERS, that is to assign the loan to the pool.
http://www.secinfo.com/dsvrn.vA9.htm#ed0
Residential Funding Corporation
(Master Servicer and Sponsor)
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
Residential Asset Securities Corporation
(Depositor)
—————————————————————
|
| sale of mortgage loans
|
|
—————————————————————
U.S. Bank National Association
(Trustee)
(owner of mortgage loans on behalf of issuing entity
for the benefit of holders of certificates)
SUMMARY
The following summary provides a brief description of material aspects of the offering and does not contain all of the information that you should consider in making your investment decision. To understand the terms of the offeredcertificates, you should read carefully this entire document and the prospectus.
Issuing Entity……………………………… RASC Series 2006-EMX1 Trust.
Title of the offered certificates…………….. Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-EMX1.
Depositor………………………………….. Residential Asset Securities Corporation, an affiliate of Residential Funding Corporation.
Master Servicer and Sponsor………………….. Residential Funding Corporation.
Originator and Subservicer…………………… Mortgage Lenders Network USA, Inc.
Trustee……………………………………. U.S. Bank National Association.
Cut-off date……………………………….. January 1, 2006.
Closing date……………………………….. On or about January 20, 2006.
NMLS ID: 1027125
Street Address: 2255 North Ontario Street
Suite 400
Burbank, CA 91504
Mailing Address: 1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
Phone: 818-260-1400
Fax: 561-682-8163
Website: http://www.ocwen.com
Email: mable.scarlett@ocwen.com
California – DBO Mortgage Loan Originator License Yes Submit to Regulator
License/Registration #: CA-DOC314033 Original Issue Date More Info : 12/02/2011
Status More Info : Approved Status Date: 04/12/2013 Renewed Through More Info : 2013
Currently Authorized to Represent More Info
Company: Ocwen Loan Servicing, LLC
NMLS ID: 1852
Start Date: 04/12/2013
Michael Timothy Witten
NMLS ID: 314033 Phone: 818-260-1503
Fax: 818-260-1815
Other Names More Info : M TIM WITTEN, TIM WITTEN Prior Other Names More Info : None Prior Legal Names More Info : None
State Regulatory Actions More Info : None posted in NMLS.
Employment
Authorized to Represent More Info : Ocwen Loan Servicing, LLC (1852) Engaged in other businesses More Info : No
View Employment History
From To Employer Position City State Zip Code Financial Services More Info
02/2013 Present Ocwen Loan Servicing, LLC VP, MASTER SERVICING & BRANCH MANAGER Burbank CA 91504 Yes
02/2001 02/2013 RESIDENTIAL FUNDING COMPANY, LLC VP, MASTER SERVICING & BRANCH MANAGER BURBANK CA 91504 Yes
06/1994 02/2001 DEUTSCHE BANK NATIONAL TRUST COMPANY Servicing SANTA ANA CA 92705 Yes
Office Locations More Info
Company NMLS ID Type Street Address City State Zip Code Start Date
Ocwen Loan Servicing, LLC 1027125 Branch 2255 North Ontario Street Suite 400 Burbank CA 91504 02/16/2013
Go to Location 1027125
Rachael Lauria Robinett
Current Legal Name: Rachael Lauria Robinett
NMLS ID: 897686
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Robert Earl Kaltenbach
Current Legal Name: Robert Earl Kaltenbach
Other Names: Rob Kaltenbach
NMLS ID: 280749
Location(s): Orlando, FL 32826
Represents: Ocwen Loan Servicing, LLC (1852)
Ruby Davila Rosas
Current Legal Name: Ruby Davila Rosas
Prior Legal Names: Ruby Rosas
Other Names: Ruby Cantu Davila
NMLS ID: 497395
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Sharon May Johnson
Current Legal Name: Sharon May Johnson
Other Names: Sharon May Wint
NMLS ID: 1020000
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Tracey Lynn Erickson
Current Legal Name: Tracey Lynn Erickson
Prior Legal Names: Tracey Lynn Conway
Other Names: Tracey Lynn Conway, Tracey Lynn Stahoski
NMLS ID: 379681
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Tyler John Gent
Current Legal Name: Tyler John Gent
NMLS ID: 896880
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
VELIA MARYBELL ROMO
Current Legal Name: VELIA MARYBELL ROMO
Other Names: Velia Marybell Velazquez
NMLS ID: 1010330
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Victoria Lynn Kubos
Current Legal Name: Victoria Lynn Kubos
Other Names: Tori Kubos, Vicky Kubos, Vicky Lynn Kubos, Victoria Kubos
NMLS ID: 853072
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
natasha sabugo
Current Legal Name: natasha sabugo
Other Names: Natasha Sabugo-Burke
NMLS ID: 1065688
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Max Nieves
Current Legal Name: Max Nieves
NMLS ID: 305099
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Michael Christopher Busch
Current Legal Name: Michael Christopher Busch
NMLS ID: 1066856
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Michael Timothy Witten
Current Legal Name: Michael Timothy Witten
Other Names: M TIM WITTEN, TIM WITTEN
NMLS ID: 314033
Location(s): Burbank, CA 91504
Represents: Ocwen Loan Servicing, LLC (1852)
Monica Duran
Current Legal Name: Monica Duran
Other Names: Monica Lee Valdez
NMLS ID: 762086
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Nathan Alan Van Winkle
Current Legal Name: Nathan Alan Van Winkle
NMLS ID: 814719
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Nicholas Alexander Beck
Current Legal Name: Nicholas Alexander Beck
Prior Legal Names: Nicholas A Beck
NMLS ID: 646718
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Nicholas Donald Roberts
Current Legal Name: Nicholas Donald Roberts
Prior Legal Names: NICHOLAS D ROBERTS
Other Names: NICHOLAS D ROBERTS, NICHOLAS DONALD ROBERTS, NICK ROBERTS
NMLS ID: 352262
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Paula Schneid
Current Legal Name: Paula Schneid
Other Names: Paula Poillucci
NMLS ID: 39882
Location(s): Westborough, MA 01581
Represents: Ocwen Loan Servicing, LLC (1852)
Pedro Ernesto Mejia
Current Legal Name: Pedro Ernesto Mejia
NMLS ID: 835758
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
John Michael Bias
Current Legal Name: John Michael Bias
NMLS ID: 980052
Location(s): Henderson, NV 89074
Represents: Ocwen Loan Servicing, LLC (1852)
Jolene Ann Stratton
Current Legal Name: Jolene Ann Stratton
Other Names: Jolene A Graves, Jolene A Stratton
NMLS ID: 264543
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Kevin Joseph McMullan
Current Legal Name: Kevin Joseph McMullan
NMLS ID: 13617
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Ludwin Oscar Sanchez
Current Legal Name: Ludwin Oscar Sanchez
NMLS ID: 762108
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Luis Manuel Quintero
Current Legal Name: Luis Manuel Quintero
Prior Legal Names: Luis M. Quintero
NMLS ID: 762106
Location(s): Houston, TX 77081
Represents: Ocwen Loan Servicing, LLC (1852)
Lynn Krauter Thomson
Current Legal Name: Lynn Krauter Thomson
Prior Legal Names: Lynn K Thomson
Other Names: Lynn Grove Krauter
NMLS ID: 369820
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Manish Kumar Paul
Current Legal Name: Manish Kumar Paul
NMLS ID: 1003972
Location(s): Bangalore, India 560030
Represents: Ocwen Financial Solutions Private Limited (15877)
Marcelo Eduardo Mancini
Current Legal Name: Marcelo Eduardo Mancini
NMLS ID: 942455
Location(s): Montevideo, Uruguay 91600
Represents: Ocwen Financial Services SRL, LLC (279226)
Martin James Postel
Current Legal Name: Martin James Postel
NMLS ID: 894591
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Dawn Rachelle Elmore
Current Legal Name: Dawn Rachelle Elmore
Other Names: Dawn Rachelle Fast, Dawn Rachelle Ludwig
NMLS ID: 474407
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Deana Gay DeLaura
Current Legal Name: Deana Gay DeLaura
Other Names: Deana Gay Harris, Deana Gay Wilson, Deana Gay Wiseman
NMLS ID: 873979
Location(s): Addison, TX 75001
Represents: Ocwen Loan Servicing, LLC (1852)
Ellen Mary Berke
Current Legal Name: Ellen Mary Berke
NMLS ID: 357471
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Eric Owen Wilcox
Current Legal Name: Eric Owen Wilcox
Prior Legal Names: Erick Owen Wilcox
Other Names: Eric Owen Wilcox
NMLS ID: 1064974
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Greta Nicole McKenzie
Current Legal Name: Greta Nicole McKenzie
Prior Legal Names: Greta Nicole Mc Kenzie
Other Names: Greta McKenzie-Carver
NMLS ID: 905780
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Jason Frank Therien
Current Legal Name: Jason Frank Therien
NMLS ID: 1073939
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
Jason Michael Thomas
Current Legal Name: Jason Michael Thomas
NMLS ID: 899442
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Jenifer Rose Lis
Current Legal Name: Jenifer Rose Lis
NMLS ID: 243569
Location(s): Columbus, OH 43221
Represents: Ocwen Loan Servicing, LLC (1852)
John Andrew Coaster
Current Legal Name: John Andrew Coaster
NMLS ID: 802182
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
45 matches found!
Ocwen Financial Services SRL, LLC
Current Legal Name: Ocwen Financial Services SRL, LLC
Prior Legal Names: Ocwen Financial Services, SRL LLC
NMLS ID: 279226
Address: Ruta 8 km.17.500- Zonamerica
Edificio Synergia of 103
Montevideo, Uruguay 91600
Ocwen Financial Solutions Private Limited
Current Legal Name: Ocwen Financial Solutions Private Limited
NMLS ID: 15877
Address: 6th Floor, Salarpuria Arena,
24 Luskar Hosur Road
Bangalore, India 560030
Branches: India
Ocwen Loan Servicing, LLC
Current Legal Name: Ocwen Loan Servicing, LLC
NMLS ID: 1852
Address: 1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
Branches: AZ, CA, FL, GA, HI, IA, MA, NV, OH, PA, TX
Amada Maria Sampedro
Current Legal Name: Amada Maria Sampedro
Prior Legal Names: AMADA MARIA STIMPHIL
Other Names: Amada Maria Stimphil, Maria Lorena Sampedro
Prior Other Names: Amada Maria Sampedro
NMLS ID: 368573
Location(s): West Palm Beach, FL 33409
Represents: Ocwen Loan Servicing, LLC (1852)
CARITA DESHAUN BOWERS
Current Legal Name: CARITA DESHAUN BOWERS
NMLS ID: 202551
Location(s): Orlando, FL 32826
Represents: Ocwen Loan Servicing, LLC (1852)
Charles Robert Hoecker
Current Legal Name: Charles Robert Hoecker
Other Names: CHUCK HOECKER
NMLS ID: 180497
Location(s): Waterloo, IA 50702
Represents: Ocwen Loan Servicing, LLC (1852)
Clayton Tyler West
Current Legal Name: Clayton Tyler West
NMLS ID: 1075668
Location(s): Addison, TX 75001
Represents: Ocwen Loan Servicing, LLC (1852)
Daniel Robert Schrager
Current Legal Name: Daniel Robert Schrager
NMLS ID: 925960
Represents: Ocwen Loan Servicing, LLC (1852)
Darwin Louis Dcruze
Current Legal Name: Darwin Louis Dcruze
Prior Legal Names: Darwin D Louis
Other Names: DARWIN LOUIS DCRUZE
NMLS ID: 914234
Location(s): Bangalore, India 560030
Represents: Ocwen Financial Solutions Private Limited (15877)
Company: Ocwen Financial Solutions Private Limited
NMLS ID: 15877
Start Date: 01/30/2013
License/Registration #: 104785 Original Issue Date More Info : 01/30/2013
Status More Info : Approved Status Date: 01/30/2013 Renewed Through More Info : 2013
Currently Authorized to Represent More InfoManish Kumar Paul
NMLS ID: 1003972 Phone: 561-682-8000 x68124
Fax: Not provided
Other Names More Info : None Prior Other Names More Info : None Prior Legal Names More Info : None
State Regulatory Actions More Info : None posted in NMLS.
Employment
Authorized to Represent More Info : Ocwen Financial Solutions Private Limited (15877)
Has anyone ever dealt with Ocwen Loan Servicing out of Fort Washington, PA. Wells Fargo is telling me that Ocwen Loan Servicing is the Investor for my 2nd Mortgage which America Servicing Co/Wells Fargo is the servicer. What I need to know is what is the best way to go about finding out if they are the actual investors and if they even have any records of my loan. My guess is that I am going to get the run around and probably will find out that they know nothing about the loan. jsmith5915@msn.com. James Smith
JAME Smith: look in this NMLS WEB SITE for LIC# of Ocwen LOan Serv LLC http://www.nmlsconsumeraccess.org/Home.aspx/SubSearch
Ocwen Loan Servicing, LLC
Current Legal Name: Ocwen Loan Servicing, LLC
NMLS ID: 1852
Address: 1661 Worthington Road
Suite 100
West Palm Beach, FL 33409
Branches: AZ, CA, FL, GA, HI, IA, MA, NV, OH, PA, TX
What is a Corporate Resolution in regards to MERS?
MERS is the paperless system that took it upon itself to take the place of the County Land Records which allows banks to pass loans around like a bottle of whisky without LEGALLY providing any clear “chain of ownership”…
MERS is illegal and is the very reason so many States are going bk because they have not been receiving the filing fee’s for “legal” documents providing the “chain of ownerships” since MERS was created in1996!!! MERS was created BY THE WALL STREET BANKSTERS to allow them the un-regulated transfers through the NO PAPER system and was drafted by a Law Firm headed by ERIC HOLDER…The Director of the Department Of Justice!!!!
If we don’t VOTE to get rid of these BANKSTERS in betted in our Government as legislators…we’re finished! Research who you are voting for…if they worked for BANKS in their past…PASS….we have the power in the voting booth but know who’s who in the revolving doors….NO BANKSTERS IN GOVERNMENT….
Speaking of criminals, it’s a simple (but not easy) process:
1. Charge Dimon, Blankfein, and all the other bank thugs.
2. Convict them if guilty (HINT: They are).
3. Throw them in jail.
I don’t need more proof that voting doesn’t work, especially with these sociopaths. MOST of our “elected officials” were bought off along time ago.
-JD
Amanda during your research do you know if it is illegal for MERS to assign Deeds of Trust. I have been told that it is illegal. I have a DOT that MERS assigned and I need to find out if the document is enforceable, because MER did the assignment
Carol, email me. I’d like to send you something you can send to Carrington. -John
Below under “Fighting MERs in CA” someone stated.
3) Any assignment of the Deed of Trust & Note from MERS to a successor is void and fraudulent.
I live in Maryland and I have a Deed of Trust that MER’s assigned to successor. Can someone tell me if this is a true statement.? Do I now have a fraudulent document. Would someone be willing to send me their email address so I could scan and send to them, so they can let me know in fact this is a fraudulent document. My email address is jsmith5915@msn.com 443 677 2799. James
have you checked?
https://www.mers-servicerid.org/sis/index.jsp
Amanda, I have been on the MERS site, it only tells me who the servicer Is. Wells Fargo which I already knew
check your county records. I found out that Mers assigned my homeloan to different LLC’s companies (SERVICERS-only debt collector) and sure enough they inflated our income and wrote loans for more that $2millions dollars!
Hi Amanda. It’s a matter of whether or not the presiding judge decides to ENFORCE the law. I’m challenging that issue right now here in Vermont. Go to livinglies.wordpress.com and go to the lower left of the main page, scrolling down, and you’ll see a tag cloud. Click on MERS (rather large).
Here in Vermont, the presiding judge previously ruled that MERS cannot hold a mortgage because it would also require they hold the NOTE, which even MERS says in their documents they cannot do. The Owner of the Note is the party who actually paid money, and is usually the Investor.
With my loan, I went to the MERS site, https://www.mers-servicerid.org/sis/index.jsp, plugged in the MIN # which is at the top of the mortgage (Usually Exhibit B), if it hasn’t already been redacted. (My first case against Citi showed that the identifying numbers of the loan, including the MIN #). This second case shows all that information REDACTED. I’ll be using that fact later against them.
I assume Wells Fargo is showing up as your SERVICER. Are they the party suing you? It is helping, in my case,to show that the bank admits to being merely the servicer, thus without power to foreclose.
Then I hit the “BORROWER” link on the bottom, entered the info on the next page, and on the bottom of the page, the Investor showed up. Probably FreddieMac or FannieMae. If their Complaint is from Wells Fargo, you should be ok, since the investors are the ones who lost money, not WF. The suit should have been filed by Freddie or Fannie, but I doubt it.
-JD
PS: The above is my opinion, I’m not a lawyer, and I’ve never been in a Holiday Inn Express.
look what I found out about the latest “assignment” Ocwen Loan Serv LLc NMLS 1852 and Altisource TM-dba Western Progressive LLC-Mandan Kumar pretending to be “attorney in fact”..
Doc No: 2013-0056477 Record Date: 1/28/2013
Reel: 0 Image: 0 Pages: 3
Document Type: ASGT TRUST DEED
Grantor(s):
AMERIQUEST MORTGAGE COMPANY
O ROURKE GEORGE M
O ROURKE AMADA L
Grantee(s):
WELLS FARGO BANK N A
Descriptors(s):
DOC 973029 2004
Financial Crimes Law Enforcement/Subpoena Contacts List
http://publicintelligence.net/financial-crimes-law-enforcementsubpoena-contacts-list/
See this lady? The one on the left? That’s Amada O’Rourke. (The one on the right is her daughter, also Amada O’Rourke.) See those sheets of paper she’s holding? The ones that are all stapled together? Great. Those are the number of times that her client’s mortgage was bought and sold illegally.
http://occupytheroad.wordpress.com/2011/10/14/fun-with-mortgages/#!
What is the significance of the website?
It’s common for these signers to not even be with Citi like the signers from Orion Financial M Mathews and Mike Wileman
Cease and Desist Order against Citi and Wells Fargo.
There is currently a Cease and Desist Order against Citi Mortgage. Below is the complaint that I sent to Office of Comptroller and Currency.
There is currently a Cease and Desist Order by the Office of the Comptroller of the Currency against Mortgage Electronic Registration System. I am writing because I want something done about the Banks and MERS, because they continue to perform illegal transactions. I recently had a document that was posted to County Public Records by Citi Mortgage and MERS. It was a Deed of Trust for a transaction that was done back in 2005. Something was not right about them just now posting this document after so many years. I goggled the person that signed the document, Geraldine Ann Belinksi, Vice President. I found another Deed of Trust online that had the same person’s name on it, but this time it stated that she is the Assistant Secretary. I immediately got on the phone and called the office that was listed on the document, Citi Mortgage, 1000 Technology Drive, O’Fallon, Mo. I located the office where this individual worked and discovered that she is a mere processor. This has gotten out of hand and I am very skeptical that any of the transactions and documents that I have through Citi Mortgage are legal and binding. Why are they allowed to continue Robo Signing documents? I can be reached at 443-677-2799. Thanks James A. Smith
I did not call MERS to verify that she worked there. I call Citi and they stated that she was a processor. This is response that I received from Citi regarding the complaint
“Our records indicate Geraldine A. Belinski is a Certified Appointed signor for Mortgage Electroic Registration Systems Inc.”
My question is, does MERS have employees that work in Citi facilities? I do not believe this. I called and verified that she worked there and they stated she was a processor. How can I verify that they are lying, because Im sure that OCC will believe what Citi’s response was.
James Smith 443-677-2799.
Jame,
You would need to have Citi produce the list of MERS-Approved signors as of the date of your document. You should also be requesting the CORPORATE RESOLUTION between MERS and CIti.
But here is where the MERS garbage is actually legally in disarray: The MERS that is on your DOT is not the same MERSCORP that actually has the resolutions.
Also, the documents generated by MERS indicating who the approved signors were/are NEEDED to be authorized by the MERS BOARD. They were never acted on by the board. The guy signing for MERS was the secretary to the board. It SHOULD make a difference.
So far, I do not know of any courts that have actually stepped into the mess of MERS corporate structure, and the way they dissolved a prior entity. I think you can find the full details of the 3 or 4 different entities that are distinct, but the courts and far too many borrowers, have blurred them into one entity in their filings. The problem is that the structure of MERS is so convoluted that you probably would not get anyone on the bench to keep their eyes open to read the history and how this SHOULD cause MERS to have no capability of doing anything on any case.
Check the MERS address and see if it’s the same as address as for CitiMortgage. Of course it is.
Shelley is helping me out with my robosigner. She passed along 10 titles for the same person! Ask her if she has run across Belinksi’s name. shelleystotalbodyworks@comcast.net Good luck! She’s a fantastic resource and a good person.
No they are signed by Geraldine Belinski Vice President. I found others online and she was Assistant Secretary. So I tracked her down and called the bank. She is just a processor.
This is the same stuff that Chase has been doing. The only reason why they changed from signing as an assistant secretary to Vice President is because the “assistant secretary” signatures appear to be a not as a official looking as when someone signs as a VP. Most of these people that are signing as VP of Citibank, Chase, BOA, etc are simply that paper signers they sit in large call centers, where on any given day someone of them go into a room, sit at a large table and start signing away on these types of documents as VP, Attorney In Fact, etc. The bank will always tell you these people have the legal authorization to sign as VP, etc because they are actual employees of the bank not MERS or the FDIC. Have you checked the notary on the document? I would also look up the notary if you haven’t done so already. You should be able to get a copy of the notaries appropriate signature from what ever agency that regulates it for the state they are commissioned in for example we had a notary that signed something out of Ohio, so I called and had their notary application emailed to me for verification of signature.
James,
Ck the VP signature of your assignments dealing with Citi Mortgage. See if any are signed by a M. Mathews or M. Wileman? These are Orion Financial employees and owners not Citi VP’s nor do they any POA to sign.
Howdy Folks, Just have to share one story throughout our 8 year ordeal. During 2011, our Meditation was set for hearing at the Collins Center in Pensacola, Florida. I was very excited about the meditation because finally, someone professional would listen to our side. Our meditation was between CitiMortgage, their attorney, ourselves and our attorney. Well, the 1st meditation went nowhere with 6 wasted hours. The second meditation, Citi’s Attorney was late, meditator left our file at his house, after submitting ALL paperwork, we had an home insurance policy ready to go in place, they were just waiting for the phone call then BOOM….Citi decides that unless we purchase the policy that meditation would be continued. Our attorney defense was, “Why should my clients pay additional monies for insurance if we cant come to an agreement concerning their mortgage”. Folks, getting home owners insurance when your home is in foreclosure is a nightmare! Not only can you hardly find any, you are charged way off the charts. One quote was over $7,000.00 a year for an original $60,000.00 mortgage. What! So needless to say the meditation was scheduled for the 3rd time. We show up for meditation the 3rd time, Citi has new attorney and the attorney knew nothing about our case. While my husband and I are sitting around this huge conference table, our attorney is educating Citi’s Attorney about our case and how Citi misapplied our payments and put us in wrongful foreclosure. All the same time Citi had a modification “Expert” on speaker phone working out numbers for us to settle. Well, Citi would never tell us what numbers they were plugging into their mysterious system. Well, the meditator gets mad at our attorney for doing her job very well and send us to the other conference room to sit by ourselves while Citi does what Citi Does……We still haven’t figured that one out. So we sit for hours, excitingly waiting our deal and finally, we get invited back to the conference room with the meditator and Citi still have no deal for us. But, our attorney gets it so that Citi must make an offer or decline by 3pm that same day. Well, we knew where all this was headed at the end of the 1st meditation, so I made all involved a special gift. You know, for their time and caring about our situation. As we are sitting around this magical table, I of course have my 8×10 framed photos setting out on the “table” of our lovely home and I pull out of my briefcase………….4 Red Solo Cups that had written in sharpie……”Freddie Mac can kiss my Ass”.
LOL! Needless to say, they did not think it was funny. But…….they were all holding their cups and looking at us when we left. Sometimes folks……you just have to do what you have to do. Priceless!
Have any of you received a “Help for Homeowners Event” flyer in the mail? Sponsored by HUD and the Treasury Dept. I love how it’s taking place at the oh-so-ritzy Westin Diplomant Hotel in Hollywood here in FL.
I am so sick of everyone — servicers, govt agencies — wanting to shove modifications down our throats, so that we can continue to pay for this Ponzi scheme ’til the cows come home. What a sack of shit. If only we could sue for emotional damages.
K.B., The funds used to put on the above event are part of the mortgage abuse funds paid out by the largest banks. I would recommend attending. There are grant funds available to help certain folks that qualify. You wont know until you try. I know of a homeowner in Northwest Florida that received a $25,000.00 grant and another nonprofit agency matched the funds. The funds were used towards past due on mortgage and were able to save their home. Good luck and educate yourself. HUD is very helpful and full of resources. They will open doors that otherwise would be shut to you. Don’t waste energy focusing on Ponzi scheme; put your energy into something that can benefit yourself and your family. Stay strong and stay positive. The old saying is, “You can catch more flies with honey”; not to mention the folks you will meet at the event. Networking is good. Just in case, call to verify that this is a HUD and Treasury Department sponsored event.
James,
I’ve also had to deal with Robo signing issues dealing originally with Citi Mortgage. My experience however is that issue does not necessarily lead to any type of relief or help with any foreclosure that may occur. It appears to be an old issue in the courts and if necessary Citi will just redo the Assignment and have a current (real) VP sign. I have 7 assignments with forged signatures. What appears to happen is Citi contracts with a law firm or document processing company who knowingly creates the Mortgage assignment document but then has someone other then a real Citi VP sign. Apparently Citi needs a layer to buffer themselves from this scenario rather then draw up this document in house in 2 mins and have a real Citi emp sign it in 2 secs. With regards to your second mortgage, it may be classified as unsecured, so it has been just written off. I’m unsure if the documentation you signed gives them leverage to attempt to foreclose. 3) With regards to QWR’s, I’ve written many, very few were answered with regard to the questions or documentation. It’s a nice paper trail but nobody’s enforcing any unanswered QWR’s that I know. Citi actually told me that after 1 year of an Assignment change they are not required to answer and referred me to counsel who have resigned.
I need some direction and help. Cant afford and attorney, but Im almost positive I have a case. I actually have 3 different issues going on. 1. This has to do with my 1st Mortgage, Citi Mortgage. I have clear evidence that they are still robo signing documents (never mind that there is a current court order for banks and MERS to Cease and Desist robo signing documents). I discovered some recently posted to public records pertaining to an action that occurred back in 2005. I called the back to speak to the Vice President that was listed on the document and low and behold the individual listed as Vice President was a mere processor. 2. Has to do with my second mortgage which is with Wells Fargo. We got behind on our payments, requested a modification and they said they we were not eligible because it was a second mortgage. In the mean time I have been conducting some research trying to prepare for a foreclosure. Well I found out that Wells Fargo is reporting that they wrote the loan off. They are not aware that I am aware of this and did not send any correspondence to indicate that this is what they were going to do. I still continue to get calls from them asking for payments as if nothing has happened and they have not taken any action. 3. I also in the mean time requested a Qualified Written Statement From them. The did respond but responded with less than 5% of the items that I requested. I know deep in my heart that something is fishy with them. I honestly don’t think that they have the original tile or deed. They did not even sent certified copies which I requested. They are just stamped as copies. I am at my witts end right now and don’t know were to go from here. If anyone can find it in their heart to guide me in the right direction it would be great. I just think that I should go on the offense instead of sitting around waiting for something to happen. I know deep down that something is wrong with this picture I just don’t know what to do at this point to come out on top of all of this. I can be reached at 443-677-2799 or jsmith5915@msn.com. James Smith
James, first thing I would do is request a complete payment history from CitiMortgage. They will not want you to have it, but stand firm. You may find what you need to fight your case in the payment history. Lots of things go on there that most folks are not aware. As far as modification, they will tell you that you must be three payments behind. Lots of folks messed up not making the three payments. However, I do know some folks that did not pay the payments and still won. Issues with high interest rates, excessive charges, etc. Our payment history concluded that we paid $618.44 per month plus $20.00 for electronic payment, thus totaling $638.22 per month. CitiMortgage only credited partial payments of $598.00 per month for years without our knowledge which was a difference of $40.44 per month in actual payments. If Wells Fargo wrote off the second mortgage, don’t worry about it. They have done that on thousands of loans. They probably sold to another creditor. My guess it makes it easier to foreclose with one mortgage. Document, document, document. Do everything they ask. It wont be easy, but through this process you will find your smoking gun. Good Luck. Don’t accept anything more than you feel what you owe. Get a current copy of your credit report and check for wrongful reporting. And Citi probably does not have the original title or deed. Dead horse! Don’t waste time on that issue. Defend your home; its the largest asset in most folks lives.
Imanda, the thing is that we are current on the first mortgage. It was the second that we had issues with. Its probably 8 months behind, but again a representative at NACA viewed my credit report and said that Wells Fargo the 2nd was reporting it as written off. I just happened to stumble up on the robo signed documents for the 1st. Just wondering why WF did not notify us that it was written off and why are they still calling as if they have not taken any action. Im just wondering also if they are going to report this to the IRS if they did right it off?
James, Get your own copy of your credit and investigate whether WF wrote the 2nd mortgage off. Regardless, a 2nd mortgage is tied to the house and property as collateral. Heres where the complete payment history will come in handy; did WF merge that amount owed to the original loan? I don’t know the laws in your state, as I am in Florida. Stay current on first mortgage and investigate your case. If WF did write the loan off; be careful making payments to another creditor. Once you make the first payment you are assuming responsibility for the entire amount. If WF wrote it off, yes, you are likely to get a 1099. Check with your accountant or tax person regarding the Mortgage Relief Act. You do have a one time write off. Robo signing, lost original deed and mortgage, don’t waste valuable time on them issues. Good Luck! WF wrote off thousands of 2nd mortgages. Maybe predatory lending, excessive fees, high interest…..who knows. But, the fact is, you borrowed the money, its only right to pay back what you owe…..but you shouldnt have to pay the CEO’s Salary.
@ James and Imanda – A ‘profit and loss write-off’ on a credit report is simply taking the loss against tax liability for the creditor. It does not mean that the debt is wiped off or that the debt is still not owed. The only means that a debt is wiped from the slate is if there is a satisfaction of mortgage that is filed on the property within the public records. Secondly, a lender cannot ‘merge’ a first and second mortgage together. period. They are two entirely different mortgage vehicles. I wold check the public records on your property to see if there has been a satisfaction filed. There is no requirement for a creditor to notify you that a debt has been written off as it is more of an internal function for tax purposes on behalf of the creditor. Even if a debt has a ‘write off’ they still have the ability to collect on that debt. However, filing for foreclosure is usually not in their best interest as the 2nd position nets them nothing unless there is a large amount of equity in the property. I would consult an attorney after checking the public records to see if there are any ramifications that could be taken against you. If the lender sells the debt to a collection agency they do have to file a satisfaction of record within 60 days of the sale to the collection agency. At that point, you could offer to ‘settle’ the account (usually for pennies on the dollar) or to file for bankruptcy protection (excluding the home with the first mortgage) to wipe out the now unsecured 2nd held by the collection agency. So, the calls that you are receiving from them to collect monthly payments is typical. I would also check to see if your second mortgage is or has been sold on the secondary market (Fannie, Freddie) as that would make it a totally different situation.
Ha sanyone done loan modification with Suntrust mortgage?
I have not heard anything bad about SunTrust at all. Just be careful of loan modifications. My personal experience and watching folks obtain them is by the time they are finished with fees and interest, the equity is stripped in the home. And don’t fall for a balloon payment at the end of the loan. Good Luck! Stay away from any government modification.
Imanda,
Congrats on your specific successful fight. The problem is not everyone’s case is similar to yours in regards to misapplied payments. Many are in the boat of actually having missed payments and therefore the mortgage companies do have some right to attempt to foreclose. The details in those attempted foreclosures however show a long line of errors some even criminal and by the time you get before a foreclosure judge he has little sympathy to rule against the banks and offer any relief regardless of these details. You owed a mortgage, you stopped paying, you lose the house.
Howdy Folks, We have been fighting CitiMortgage for 8 years to the date of settlement on November 01, 2013. I want to share some great news and its been a long hard road; but worth it! After 6 years fighting CitiMortgage over lost mortgage payments that came directly out of our checking account (Citi Rep stated our payments had been blacked out), I hired a new attorney…..a Real Estate Attorney. Citi has put us through anything a homeowner can be put through……..strong armed us, threatened us, laughed at us, 3 mediations wanting us to sign documentation for 3times what we did NOT owe, property inspections, one property inspector had a bulldog in his car that was vicious, filed false motions, lost our original mortgage contract, scam modifications that they never get all the paperwork, time frames, time limits, accelerated interest charges, force place insurance scams and cost, deputies served my daughter 400 miles away, loss of job from mental stress, etc……….Well, heres what we settled to: Citi sold our loan to Carrington during litigation, so Carrington had a mess. We settled with Carrington that we pay $31,000.00 for our house, 0% interest, payments for 48 months, no early payoff penalty, clear title, not def/,liens or judgments, that puts $70,000.00 equity in our home, properly report to credit bureau that mortgage is paid in full, satisfied, they pay legal fees for banks which exceed over $100,000.00. Carrington representative stated that this is the first time that Carrington has been able to talk an investor into settling a disputed claim with a homeowner. So maybe this can help some other folks. Don’t waste time talking to the legal department, you have to talk to loss mitigation and talk only with the person that has the authority to get the investors permission for your loan amount, reduced principal, short payoff program, etc.. These mortgage companies are paid with federal money to write down your loan or make you an acceptable offer. But, your claim must be legitimate and you must be able to prove it. If they make you an offer, make sure it is in contract form and signed and dated. I also called to verify that our representative was an employee of this company and confirmed his title. Folks, do not let them put “Short Sale” on your credit. It will stay there for 15 years! I want to say a Special Thanks to this organization for all posts and educational material put out there for folks like us to assist in defending our rights. Your home is your Castle; Defend IT!
I see a problem, unless you can clarify it for me: The only interest Citi can assign to anyone, including Carrington, is the interest they had in the loan to begin with. If they are not the correct party to assign the mortgage, then the mortgage Carrington “holds” is void. Never happened. DOA.
I suppose the bottom line after all this is you have your house back and are making the normal monthly mortgage payments?
The bottom line is…..we SAVED our Home and within 48 months it will be free and clear, no interest. Banks want folks to sign the HAMP or TARP because in most situations the mortgage is another 30 years with amounts owed (legitimately or not) put to the back of the contract. We refused to sign anything with a 30 year mortgage on it. What was really interesting through this, is that the mortgage companies would qualify us for a 30 year $160,000.00 plus loan but would not qualify us for a $30,000.00 loan. At one of our mediations at the Collins Center, the mortgage companies attorney left OUR mediation to go get a McDonalds hamburger. LOL Do I ever wish I had filmed our mediation uncover style. It is amazing at what they get away with at our cost. The bottom line is…….5 different attorney firms did not foreclose on our home. We feel very blessed.
Has anyone ever received a “confirmation” that BofA received your mod package, even though you *didn’t* send one in???
Either their record keeping is *really* bad (duh) or there are bank elves working on my behalf (or against me, who knows).
My mom completed one in… 2009? And was denied. We haven’t sent one in since. Haven’t paid a dime for ~14 months. They send mod packages regularly via FedEx. I always ignore them because I know they are fruitless. Nobody in my household has completed one.
Either way, whoa.
Can’t wait to see whether they deny my imaginary mod in “10-15 days”! haha
I received a mod package from BofA that I requested, but inside it wasn’t my information! It was some gentleman in Florida! Yes, their record keeping is terrible! Then they called today and, though I’m working with yet my third employee there on a modification (they keep quitting!) told me my deadline was up. My rep knew I wouldn’t be able to provide bank statements and paycheck stubs for a new job and new bank until after the first part of November, yet today they told me my deadline was November 1st! Of course NONE of my paperwork had ANY deadline on it. This is the FOURTH package I’ve attempted to complete. The first, they never sent. The second, I completed but (according to them) didn’t do correctly, was given like less than a week to collect all these documents, and it expired on me. The third had someone else’s name and info all over it. The fourth magically expired without a given deadline, though I spoke to a rep not even two weeks ago, informing him that I couldn’t give him what he wanted until mid-November. He said that was fine. Now he’s gone. His replacement hasn’t returned two phone messages, then magically, they want me to fill out a fifth package. I’m sick of this.
Hey Amy, I am assuming they sent you a “Notice of Intent to Foreclose” via snail mail and did not serve you with foreclosure papers. I would encourage you to submit a Qualified Written Request to the bank (the address for BofA QWRs is available online); QWR templates are also available online for guidance. Their response will include your payment history, so long as that is requested in your letter. I would highly encourage you to have it notarized and to keep a copy for yourself. I would also submit a complaint with the Consumer Financial Protection Bureau, and possibly the Office of the Comptroller of the Currency, that explains how they’re giving youths runaround, and especially how they sent info with another name. If the bank takes longer than the legally mandated 5 days to acknowledge receipt and 15 days to provide all of your documents, then you should submit additional complaints to the CFPB/OCC.
Do you know if you have a loan backed by Freddie Mac or Fannie Mae?
Hello Carol.
I have been known to kick a little &*^% from time to time….. I know I can help you, I won’t charge, it will help you, and well, in case you did not get the memo, the tide has changed….do these things NOW.
GET registered with the CPB (consumer protection Bureau). That “B” is for big….cause Bureau comes with “R” or Resources….
Log with CPB and then ‘go public’…..let the world know that since 2007 people like you are STILL being abused. I lost two homes to MetLife(FretLife) but they lost hundreds of millions to me and others like me, people who are smart, have nothing left to lose, and who NOW will stand with Lady Justice to MAKEHERDELIVER. Start with your Mayor too, document that this crisis is having a horrible effect on YOUR Community and you expect him/her to stand on the light side of the law, not the dark…..
Then call your banks CEO and ask for a secure and personal fax#. Send your letter after you had it notorized….the letter will read:
Trevor Hitchin asked me to ask you to NOT steal this home. He said your are likely now the target of a massive INTERNATIONAL/Global investigation whereby ‘Executives and Sr. Managers’ were tradionally protected by the Corporate Veil and well, now that the US did not regulate (nearly 10 years after the firealarm “Houston we have a total banking ethical meltdown – over” ) itself, the larger dragon enters and does it for the smaller dragon….just before eating the smaller dragon..
Send you story to CNN, both Coast’s major Newspapers (LAT / NYT) and if your Bank has International (institutional investors)Shareholder Services contacts, then – contact them. Let them know you are seeking criminal prosecution for the crimes being committed against you, full of MERS non-registration of Deed etc….whatever you can substantiate with evidence. I filed a police report with Boise City Police over the illegal filing of falsely notarized and MATERIALLY significant docos with OUR United States Federal Courts…..get a DR# for your police report, even it the crime is that the bank is being unavailable, negligent, fraudulent, whatever the case may be…..DOCO it!!!!
Next………… get that police report and a SUMMARY (2 page max) of what happened to you. Fax that to Senators E. Warren and E. Wood.
Fight back – THAT IS THE MESSAGE. The gloves came off for me years ago, just after MetLife filed a false police report against me (for fighting to save my house), after they lied to the Courts, after they had the nerve to think I would not report them to the Dept of Comptroller of the Currency. I wrote them times (to the CEO of FretLif) and 5 times they wrote me back, laughing, saying they did nothing wrong.
They are not laughing anymore. Either is Jamie D over or Bank of America Exec….. BoA is closing the Idado branches so after 30 years of loyalty, I get $70 in service fees and notice that I will no longer have banking outlets with the trusted B o A…..get it? No trust, no bank….they are self-destructing.
Take gloves off, fight. Keep us posted and I will do the same. I am asking for MetLife to now (nearly $1B in punches later) settle with the little people…..US.
Trevor, I’d love to talk to you more. I’m confused on some of the stuff you suggested. Countrywide was taken over by BofA. I’ve asked for loan mods and they denied me repeatedly, even though with a divorce, my income is now half. They say I don’t have a hardship. Finally, I stopped paying. I didn’t pay September or October. Now, Nov 5th, they called and said I was like 5 months behind. BALONEY! And I can prove it. You can read my comment above about how they mishandled my mod packages and how they sent me confidential information for Carlos someone in Florida, over 1000 miles away. I had a broker read between the lines of my contract (that I signed with Countrywide, but was taken over by BofA without any notification), and she found out why I now, after 8 years of PERFECT, ON TIME payments, I owe $25,000 MORE than what I originally did! And they want $80K before they will refinance! Are they on crack? If I’m asking for a hardship loan mod, do they really expect I have an extra $80K lying around? I’m working with a rep (my third or fourth one; the others all quit…probably because they found out all the crap they are doing to people) and even that didn’t stop them from calling me today to say I haven’t paid in 5 months (lie!!!) and they sent a foreclosure notice. I told them to come get it. If I owe $25K MORE than what I did 8 years ago, they will NEVER get their money out of it. I really don’t care. I’d like the bastards to fry though!!!
How can I reach you?
Amy, its all a shell game; one department doesn’t know what the other is doing. Get a complete payment history for your loan. You will find bogus charges added to your loan or accelerated interest charges. You really should hire a Real Estate Attorney/Foreclosure Attorney. You case is starting out just like ours. After 18 years of paying on our house, we owed more than the original loan. BOA has a bad reputation. Be careful of loan modification, they will strong arm you and want to put all the extra fees to the back of the loan making it impossible to ever pay your house off. If you received a foreclosure notice, you have only a certain amount of time. You are getting prepped for “Ready, Set, Go”…….you have 20 days to respond and provide your proof. Good luck, be smart, watch the traps! Don’t sign anything they wont put in writing. Get a financial advisor from your local HUD office.
Take your package to the grand jury in your county. Tehy are not lawyers, not bankers, the prosecuting attorney works for them. Let’s put them in jail one at a time 🙂
The news media will not print or report on this scam by the banks…the banks own the media!!! I have filed many complaints against the banks and nothing has ever been done! Our reality, the banks are stealing our homes and the Courts are allowing them to do it….that’s our new world. There have been several movies on this issue, however, they do not get distribution or advertising because the BANKS own them…I speak of the FBI, the IRS, the CFPA, local District Attorney’s and so on…you can’t even get a small town newspaper to print it…we are screwed and that’s just reality…I have fought in California and Florida…it’s the same story in both states…Banks file fraudulent documents to the Courts…ie: Assignments, transfers, no dated notary signatures and all…no matter, the Courts are turning a blind eye…and why? Because the Judges either obtained a 1% interest rate on their own loans or they have their retirement in the “market” and will not go against them…no matter the mounds of proof stating the scam…we are screwed, period!
its happening to me to by BAC scammed me on a loan modification, now bank of new york melon and cwalt r taking my home, my lawyer doesnt seem to be able to do much about it.
Carol…stop paying an Attorney…you’re just helping him/her pay their own mortgage! Most lawyers won’t come on as strong s is needed because they want to remain in good standings with the Judges….plus, no Lawyer is going to put in the time to investigate themselves…YOU need to get the evidence of the forged documents, I have spent more hours than I realized in the Law Library finding the laws the banks are breaking…it’s not easy to do the digging…but no one cares more about you than YOU…Lawyers are dead in the water on these fraudulent foreclosures….Fight as Pro Se and nail the bastards with your own evidence…the Judges surely know and you need to let them know…that you know what they are doing!! Good Luck…we all need things to turn around or we will become a homeless America!!!
I have a website started at http://www.phhmortgagemustbedestroyed.weebly.com where I’m posting files concerning my own experience with USAA, their mortgage processor PHH Mortgage (doing business under 28 other names in Texas), and their foreclosure mill Barrett, Burke, Daffin, Frappier, Turner and Engel. I believe I’m class member #1 in Texas, and looking for other class members. BBDFTE has a patented process (posted on my site) that enables them to process 250-500(?) mortgages per month, from tombstone notice to public sale, in 26 days or so. Their activity exposes their client, and their client’s insurer, to relatively large penalties, whatever necessary legal fees of collection, and requires restitution effort to class members. I hope to lay out the process to a grand jury soon from the viewpoint of organized criminal activity and pursue depositions of all the individuals in the chain. It is still a crime in Texas to steal money or property, and some of these individuals are surprised when I bring up that possibility. Whoever your mortgage processor is, you should make them aware of that.
Under the RICO Act, the BANKS are operating a “continued criminal enterprise”…which is the law that the cops used to bring down the MOB…these bansters are the new MOB and it would take just one District Attorney to file…good luck on finding one:-)
I agree 100%, What happens when the original filed date is different than the forged filed date
With regards to US Bank assignments, I would review the signatures of the VP. I’ve seen many where they are signed by the Customer Service reps of your servicer claiming to be a VP for US Bank. If you call US Bank’s Trust Dept you will be told Ocwen or Vericrest or whoever does not have a POA to sign these documents, never mind pretend they are the VP of their Bank. You will likely need more evidence as some judges could really care less their is a forged document being presented to their court. I’m sure however if we drew up a satisfaction of mortgage letter and personally signed it Donald Duck as VP we would be lead away in handcuffs in court. Assignments are fill in forms that take less a few mins to complete and 2 secs to be signed properly.
Sybil,
what do hope to accomplish at Loss Mit hearing and can you explain circumstances for it. We are also in Chap 13.
Hi Mark2 I’ve been on a merry go round since 2008..from trust to Countrywide to Wilshire to 3 private investors..just when you gain ground with one they reassign or sell. Investors are not interested in modifications. They have my loan underwater by 40 grand. I am hoping the loss mit will allow me the chance to try to negotiate a settlement. Loss mit is brand new in the Northern District Bankruptcy court. We are guinea pigs for the courts…There are issues with the assignments as well. I’m utilizing every resource I can.
I could collaborate on this movie with you. In Chapter 13 as well Loss mit hearing 10/28 ..mine is now owned by investors as well ..assigned numerous times… It was originally in an MBS trust. . how can you take an apple make juice then have an apple to slice up again…??? Courts allow to fraud day in day out. Good luck!
If you are capable of writing a book, stop hiring attorney’s who just take your money and will not fight the courts in their districts because they want to remain “friends” with the courts! The attorney’s will not fight as you, the homeowner will. Write your own pleadings, Notices and objections and fight these banks on your own. Get it straight…stop giving your money to attorney’s who are using your money to pay their own mortgage payments!! Just a suggestion from another homeowner fighting the corrupt banks in the corrupt courts!!
Agree 100%
The Master In Equity is the worst and the most corrupt
April 2007 Original Mortgage by First Magnus Financial (out of business)
Late 2007 Freddie Mac acquires mortgage with Wells Fargo as servicer
2008 lost job Wells Fargo with Florida Default Law Group files for foreclosure
Wells Fargo offers Trial Modification Plan, collects 3 months of payments and denies plan.
Dec 2009 Freddie Mac forces Wells Fargo to take mortgage back.
Mortgage sold multiple times with what looks like phony assignments.
Still fighting through chapter 13 and hoping just to get a modification.
Went to chapter 13 modification meeting, big joke. Supposedly new note holder claims to have bough note from Wells Fargo (remember I said multiple owners) they are investors not interested in a modification (my attorney knew that before he scheduled mediation ( but he gets $2000 from trustee for scheduling it) there is no more money to be had so he is asking to be let out of the case) good riddance. Have hired new attorneys and hopefully something good will come out of all this. It seem that everything that could go wrong with a foreclosure, happened to me. I’am waiting to see what happens next. Then I’ll write a book with movie rights.
sorry its your own home that enlightened you, in my case it was an abandoned zombie house I had deeded over to me and WOW same thing as you and now in the hands of Select Portfolio inc. I fought back got mediation no results then made a deal to back off with forclosure mill for peanuts now its theirs. Next time ,well I have ideas.Thanks guys for the help and wow what a scam. Just need to find a few holes in the everchanging plan. Take the crumbs.Fla just changed rocket docet from 7 min.to 5 min whoal better talk fast
I wish you the best of luck!
We’re awful close to a successful defense of an illegal foreclosure here in Texas! And I retain the house. Details are now public at http://www.phhmustbedestroyed.weebly.com. I’m now looking for resources to pursue the class action, and anyone in Texas who might be a class member. I don’t want your money 🙂
@ Wendy – Since you are in Colorado you are in both a judicial and non-judicial state depending on the powers of the ‘trustee’ of your mortgage, if there is one. You need to act right away as once the sale is set and consumated it is final – you have no right of redemption in Colorado. I found a site that may be of assistance if you have not already found an attorney to represent you. http://www.colorado-foreclosure-defense.com/foreclosure/
If they can’t help I am sure they can recommend one since they are strictly defense attorneys in foreclosure meaning that they only represent borrowers defending foreclosure cases.
@ Sheryl Sutter – thanks for sharing the website. I have ‘shared’ on my FB page and sent the link to others in my email book.
The outcome: , after much fighting 2 lawyers a lot of continued stress and heart ache , it has come to an end we could not afford to fight anymore after losing jobs , caring for our daughter disabled and marital stress, auto accident not our fault left with injuries. We like they continued to say signed the paper ( to reluctantly avoid future costs) we will now be most likely homeless.
Lawyer recommended to take the deal, we now found out they never had the note. (but we signed the deal) hoping things would get better.
It seems they neglected to tell you that most rentals now our owned by some of same and now your credit check fails ( so much for that) the reason I am writing this is most likely we should have kept fighting but our bank account could not afford to do this anymore, or emotional strain , physical and mental stress, We feel defeated and heart broken and on we go.
I’m not a lawyer, however, it seems to me that if they coerced you into a deal, and you find that they never had standing in the first place, that the “deal” can be rescinded and should be. I may be wrong about this. I want to know where the hell “breach of contract” went throughout all of this…just a thought. From all that we have experienced, the only ones that can be sued for breach of contract seem to be homeowners; however, when the shoe is on the other foot – no harm no foul.
GO TO YOUR LOCAL NEWS STATION
WRITE A BREIF OF THE DOWNWARD SPIRAL,
A SIMPLE STORY STRAITE TO THE POINT A SNAPSHOT, ATACH FAMILY PICS, RICHES TO RAGS, CRONILOGICAL ORDER AND DO ME A BIG FAVOR SEND IT TO EVERY NEWS TV, STATION DR.PHIL, OPRAH, ELLEN ECT….. THEY WILL FEATURE YOUR STORY CLASSY NOT TRASHY, WE HAVE A NEWS STATION 7ON YOUR SIDE LOCAL REAL PEOPLE STORIES, STATION. WATCH, IM SURE THERES ONE IN YOUR AREA. LOOS THE LAW SHARKS, SHOULD ALL BE ON A CONTINGENCY BASIS YOU WIN YOU GET PAID!!!
GOOD LUCK SOCIAL MEDIA — USE IT! MY EYES ARE BLURY AND LIKE YOU IM PISSED
IVE HD 32 SURGICAL PROCEDURES IN 10YRS AND NO WELFARE FOR US SO CALLED MIDDLE CLASS, NONE LIKE YOU, NO MATTER WHAT YOUR STORY IS BIG OR SMALL ITS YOUR FAMILY DREAM AND SHOULD REMAIN PRIVATE, SO GO AHEAD AND SAY REMEMBER WHO BUILT THIS COUNTRY US THE PEOPLE THE GOV. MEDIA IS SUPOSE TO WORK FOR YOU AND I STAND YOUR GROUND HELP IS AROUND THE CORNER OH LUCK IS WHEN OPORTUNITY SHOWS ITS SELF AND ON ACTS ON IT!
PRAY TO WHICH EVER HIGHER POWER GOD POSSATIVE LUCK WILL PRESENT ITSEF TO ALL AMEN!!!!
Mortgage Defense Lawyers,sorry got a head of myself.Thanks
Hello,im looking for mortgae defense lawyers in ky…Thanks.
“They are not voidable, they are simply void and form no basis for alleging judicial immunity. When a judge acts as a trespasser of the law or when he does not follow the law, he loses subject matter jurisdiction and all of his orders are void or have no recognizable legal force or effect.”
This speak only to the void ab initio aspect as a trespass and that this only explains that the judgment is of no account, but does not in any way allow you to sue the judge – prove me wrong by filing a lawsuit against any judge and the attorney representing the judge will automatically have his motion to dismiss granted on the basis of absolute judicial immunity for judicial function, but if the lawsuit alleges an administrative act as something for which a claim can be sustained then the judge would not have this immunity and the lawsuit might proceed.
Also
“The United States Supreme Court further stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution and he is in that case stripped of his official or representative character and is subjected in his person, to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.””
This also does support a lawsuit against a judge, but that perhaps another individual in some other state capacity might be sue and lose if your lawsuit has merits, such as when someone acts under color of law or if the person is a police officer that makes a false arrest or a prosecutor provides advice and is not involved in a judicial function and that advice does you harm or injury to your rights or property and the case could be filed as a Bivens action under 42 USC 1982 and most of these are dismissed, especially when it is a layman trying to prosecute a claim and fails to state a claim upon which relief can be granted as subject to dismissal sue sponte by the judge before any motion to dismiss is filed by the defendant and I can direct you to some of those cases on Pacer or Findlaw.com to read how the plaintiff fails and the defendants never are held liable, because the plaintiff/victim does not understand how to state the facts and apply the law to the violation.
If I were to file a criminal complaint in N.J. county against a judge for lying (or perjury) in a summary judgment that was granted to plaintiff, he not have immunity ? By stating that the plaintiff presented the original documents at the hearing when in fact both the judge and plaintiff’s attorney know that is not true. Its in the court transcript. The judge only stated his fact in the Order.
are there any honest people out there. I mean who can you trust…feels like no one ..lately
Penni? Where is the link on MERS that’s going to change everything???
I am looking to find out whether Shequita Knox (believe she is actually a Chase employee, seen her listed as Senior Operations Manager) and Angela Ruth Payne (Notary) are listed anywhere as robo-signers for Chase. I have found a few documents which Shequita Knox has signed but unable to find her name on a list of robo-signers. She shows up on some documents with a known robo-signer Miranda Avila. She has signed documents as Vice President of MERS, A few different banks; as well as Chase and FDIC (Attorney In Fact). I have found a few court cases that Angela Ruth Payne shows up in but no other documents with her signature on them. Also looking for Douglas Theener, who has signed as the VP of Chase. I spoke to a local Chase and was told he is actually just a foreclosure specialist out of Ohio. As a side note, is anyone else on here dealing with Northwest Trustee Services?
Shequita Knox work in chase office on Kansas lane in Louisiana. I spoke with her but they trained her well and she transferred me to her supervisor. The supervisor would not answer any questions. She signed as a witness on one of my documents Leshonda Anderson signed as VP when I spoke with her she told she gets paid to sign papers and answer phones. Do not waste time speaking with Chase as they are all liars. I pay my lawyer very well to fight them. It has been 2 years and chase will not produce any documents and they are in violation of a judges order to produce. I will look through my docs for there phone numbers and post when I have some more time
That would be nice to get phone numbers. I have actually been calling local Chase Banks to get contact information on these people. The local Chase was nice enough to locate them and tell me what their actual titles were. Yeah, I am very aware of their call center tricks.
Ok everyone, here is the winner!!!! Penni
A friend of mine sent me this link a few minutes ago…WOW! Even if you don’t know anything about MERS or don’t own a home (anymore) you DO know someone who has been or is being right now affected by this corruption. This is breaking news that WILL change this whole system…..
Please share widely, MAKE THIS GO VIRAL THIS WEEKEND! Post on your FB pages, your blogs, EVERYWHERE!!!
here is mr cox. he is In Illinois with jpm securities. has nothing to do with mortgages according to his profile
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John James Cox – J.P. Morgan Securities LLC – Carmel, Indiana
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John James Cox – J.P. Morgan Securities LLC – Carmel, Indiana
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@ Hammertime – you are absolutely correct about this particular case in Arizona, but it has little effect on those outside of Arizona. I am in Florida. Are you in Arizona? This is a great basis by which to use in Florida under another similar statute where you can prove ‘no standing’, but unfortunately, our courts are not as easily convinced as this Arizona court. You asked if I had a reference number in my case on a previous post. I’m sorry but I don’t quite understand your question. We are issued case numbers in Florida, so is that what you are asking?
Actually, I’m in CA but as with Glaski case here hopefully we are seeing a trend where more common sense is being applied. I thought I read about cases where banksters are continuing to robo-sign etc while saying the payoff of settlements means case closed. May be what I’m seeing with Chase and I thought I’m might be good to review your case and how they treated docs and signatures. I was thinking I could look up on PACER. Thanks!
WHere is the immunity trillionsof dollarsoffraud? , when
Pursuant to United States Supreme Court Case of Elliot v. Piersol
“Under Federal Law which is applicable to all States, the US Supreme Court
Stated if a Court is ‘without Authority. its judgments and orders are regarded as nullities.
They are not voidable but simply void and form no bar to recovery sought, even prior to reversal in opposition to them. They constitute no justification and all persons concerned in executing such judgments or sentence are considered in law as trespassers”.
I am signing off now and so can not leave any more replies today, except to say that I do not know why you posted your reply here as it is out of place to my reply to your question and that from your reply above it is apparent that you do not know how to read court opinions of quotes taken out of context, which is a mistake that so many people make, including attorneys that I have fought against in court. I do not mean this as any sort of insult and please take this as constructive advice to learn how to read opinions usually requires that you read the whole opinion to comprehend the real purpose of what is stated therein. You are mixing up apples and oranges somewhat. Wish you the best in your learning curve as I was once just as perplexed by having such impressions that took me many years to overcome some bad teaching by pro se or unlearned individuals that were very enthusiastic and many time opportunist out to just rip off the ignorant that have no formal college education in law that takes years to master even a small part of. More important than anything is to learn the rules of the court and read annotative versions of the rules before thinking that you can play the game. Pray this helps and is constructive and not destructive to your circumstances and reason for being involved as most others just stick their heads in the sand.
trillionsdofdollarsoffraud
On August 31 2013 at 4:30 PM the following message board email showed up on my email page
New comment on Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge
trillionsofdollarsinfraud commented on Message Board.
in response to marilyn lane:
Trillionsofdollarsof fraud- How would this work? what is a judge trys to use a void ab intio judgment (for lack of jurisdiction) as valid would the judge not lose immunity for trespassing. ( US Elliot v. Piersol)
Sorry I did not see your question sooner – but regardless, what I said is what is! Do not see how you can claim trespassing for a judge to lose immunity as a judge has absolute and I mean absolute immunity when conducting judicial functions and might not have immunity absolutely when conducting an administrative function like setting a court date
So I replied to you.
I never pretend to be a judicial scholar but I do know what Elliot v. Piersol
refers to when it deals with Void ab initio Judgments.
A judge has no desecration but to mark vacated a judgment signed
in a state court during the time the case as under Federal Jurisdiction.
That is exactly what Elliot v. Piersol states, if a judge goes beyond
his or her authority they are trespassing. Trespass has no immunity.
Judge or kangaroo.
at trillionofdollarsoffraud
I can see why you are upset that my reply to your August 31st post to me, is overlapping with your present discussion but that doesn’t mean I don’t know how to read the court decision of Elliot v Piersol and judges immunity—see belowCASE LAW ON JUDICIAL IMMUNITY
Judicial immunity does not exist for judges who engage in criminal activity or aid and abet in criminal activity. The United States Supreme Court has stated that “if a court is without authority; its judgments and orders are regarded as nullities.” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828). http://supreme.justia.com/us/26/328/case.html They are not voidable, they are simply void and form no basis for alleging judicial immunity. When a judge acts as a trespasser of the law or when he does not follow the law, he loses subject matter jurisdiction and all of his orders are void or have no recognizable legal force or effect.
The United States Supreme Court further stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution and he is in that case stripped of his official or representative character and is subjected in his person, to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.” [Emphasis added] See Scheuer vs. Rhodes, 416 U.S. 232, 94 S.Ct. 1683 (1974). http://supreme.justia.com/us/416/232/index.html
Does anyone know if trillionsofdollarsof fraud ever have a connection to a title company.?
Good post on approach: partial http://findsenlaw.wordpress.com/?goback=%2Egde_5012823_member_269808948%2Egde_5012823_member_268312203#%21
The recent Arizona appellate court decisions, Stauffer and Huff, are significant because Arizona’s federal district courts had been regularly dismissing homeowner claims for false recordings on the pleadings, claiming that the statute 33-420 did not apply. When reviewing issues of state law, the district court is charged with determining how the Arizona Supreme Court would interpret the state law. Now we know how the Arizona appellate court interprets 33-420, and it isn’t the way the district courts were applying it. Here’s an excerpt of a motion I wrote back in Sept. 2012, asking the district court to either reconsider dismissing my client’s 33-420 claims on the basis that the statute didn’t apply to these types of documents or this type of homeowner, or certifying the legal question to the Arizona Supreme Court:
The claims relate to false claims of interest, not to “show me the note,” but despite the disparaging label, one thing is clear: parties cannot run around making false claims to collect from borrowers when those parties do not own the loan. As a Texas district court recently put it, “Banks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners and take away their homes in satisfaction of some other bank’s deed of trust.” Miller v. Homecomings Financial, LLC, 2012 WL 3206237 at *5, __F. Supp.2d __(S.D. Tex. [Hous.] 2012)(denying servicer’s motion to dismiss).
Finally, the Court erred in accepting Defendant’s facts as true on a 12(b)(6) motion, instead of reading the Plaintiff’s allegations and the plausible inferences therefrom as true, the appropriate legal standard. Plaintiff pled that Defendant did not own the loan, and that the Plaintiff was not in default to Defendant. Yet the Court adopted wholesale Defendants’ allegation that Plaintiff was in default, stating “[a]t some point, Plaintiff defaulted on the note, and a Notice of Trustee’s Sale of the property was recorded . . .” (Doc. 11, p. 1, line 22).
A. Plaintiff’s Claims Do Not Derive From Arizona Supreme Court’s Definition of Show-Me-the-Note.
In Hogan, the Arizona Supreme Court narrowed the definition of “show me the note” espoused by the district court. See Hogan v. Washington Mutual Bank, N.A., 277 P.3d 781, 782, 783 (2012). The Court specified that a “show me the note” case is a plaintiff’s claim to relief based solely upon the defendant’s failure to show the note prior to “commencing a foreclosure,” without affirmative allegations that the Defendants lacked an enforceable right in the note. Hogan v. Washington Mut. Bank, 277 P.3d 781, 783 (Ariz. 2012), as amended (July 11, 2012)(“But Hogan has not alleged that WaMu and Deutsche Bank are not entitled to enforce the underlying note; rather, he alleges that they have the burden of demonstrating their rights before a non-judicial foreclosure may proceed.”). As an ordinary part of the procedure, the non-judicial foreclosure statute does not specifically require that first—“before commencing” a sale—-that a foreclosing party show the note. The Court never said that when a Plaintiff pleads evidence showing that a foreclosing party lacks authority to foreclose, that it can never be raised under any legal theory. That would be nonsense.
The Hogan court pointed out what was missing from the Hogan Complaint: (1) “Hogan does not dispute that he is in default under the deeds of trust and has alleged no reason to dispute the trustee’s right.” Hogan, 277 P.3d at 784. (2) But Hogan has not alleged that WaMu and Deutsche Bank are not entitled to enforce the underlying note; rather, he alleges that they have the burden of demonstrating their rights before a non-judicial foreclosure may proceed. Id. at 783. (3) Hogan’s complaints do not contest that each sale was noticed by a trustee who had recorded an instrument demonstrating that it was a successor in interest to the original trustee. Id.
Unlike Hogan, which was a wrongful foreclosure case, this Complaint alleged false statements in the recorded documents. PLAINTIFF is not in default to these Defendants because none of these Defendants is a valid “beneficiary” under A.R.S. §33-801(1) or a valid “Lender” or successor as defined by PLAINTIFF’s Deed of Trust.
Also, as Hogan mandated, PLAINTIFF pled affirmative facts showing material falsities in the recorded documents which challenge the beneficiary’s identity and authority, and the identity and authority of the trustee.
Defendants’ recorded transfers were plainly false. PLAINTIFF pled how the Note was transferred from TBI Mortgage Company to Greenwich Capital Financial Products, Inc. to Greenwich Capital Acceptance, Inc. to the RBSGC Trust in 2007 or 2008. The Deed of Trust is presumed to follow the note. Vasquez v. Saxon Mortgage, Inc., 228 Ariz. 357, 266 P.3d 1053 (2011). Consequently, the December 19, 2008 Assignment (“First Assignment”) directly from TBI (who had divested its interest years before) to Deutsche Bank was false, even if the signatory had authority and worked for the alleged entity she signed for, which she didn’t. The Second Assignment, in July 7, 2011, again tried to transfer TBI’s interest to Deutsche, via MERS. Again, TBI had already divested its interest. Finally, the Corporate Assignment purported to transfer an interest in the Deed of Trust from MERS to Wells Fargo Bank on July 19, 2011. (Compl. ¶ 26).
If the Note was validly conveyed into the Trust where Defendants claim that it is, then it went from TBI to Greenwich Capital Financial Products, Inc. to Greenwich Capital Acceptance, Inc. to the RBSGC Trust in 2007 or 2008 pursuant to the agreement that formed the Trust. (Compl., ¶15). Otherwise, it was not validly in this trust. These facts show why the documents recorded by Defendants, evidencing a purported transfer of the beneficial interest via the First, Second, and Third Assignment, were false.
The transfers of interest are integral to the beneficiary’s claim of authority Only a beneficiary as defined by the statute—to be strictly construed—could validly appoint a trustee, and this could only occur “after a default” in the contract secured. A.R.S. § 33-807; Deed of Trust ¶22 (only a “Lender” can order the power of sale, and only after a default to the “Lender” occurs). If these interests are false, as PLAINTIFF alleges, then PLAINTIFF has pled facts that contest the beneficiary’s identity, authority, and interest, and contest that the sale was noticed by a valid trustee, or that the trustee had an order to exercise the power of sale from a valid beneficiary. (Complaint ¶28).”
Thanks Mark. My foreclosure is with Chase and I have been looking to see if the name, John Cox, is anywhere out there as a robo signer. I doubt if any of the names on your list for US Bank would list this John Cox name. Can’t find him anywhere in Chase, but then again, the name in itself is so common. I rather think they made up this name just for that purpose!!!
Do you have a reference to your case? I’m going on 6 yrs with my case and seeing some of the fixing on my docs. emma.parker-at1g98b@yopmail.com
Bobbi this may help. Look up John James Cox of JP Morgan Chase. Remember JP Morgan purchased Chase Bank. This link confirms a John James Cox worked or works for JP Morgan http://financial-advisors.findthebest.com/l/573163/John-Cox This may just be something to follow-up with regarding John Cox.
Thanks! Mark
I don’t know if you have already done this or not but when I was actually trying to locate information on the couple of people that signed documents for us with Chase, I called a local branch gave their names and asked for contact information, location, what position they held etc. I have had a similar problem trying to locate anything on Douglas Theener, who was supposed to be a VP but when I asked what position he held I was told he was just a foreclosure specialist. It almost appears some of these people signing documents for Chase are non-existent. Also, have you looked up the notary that signed and stamped the documents John Cox signed? That might actually we have had better luck with finding stuff on the notaries.
I re-read what you said back to Mark about John Cox being from Chase so he wouldn’t be on a list for US Bank. I wouldn’t be so sure, I have documents signed by a Shequita Knox as VP for Chase and have found things where she has signed for MERS and other banks. Just a thought.
So, we keep the Mark’s separate, I’ll be Mark2. Many of us seem to have the same forged Assignment issue. You would hope that the Courts would view it as fraud brought before them but very often they just don’t care. Their bottom line is you owe a mortgage. There is a website; I’ll try and find it, that does list current robo signers who are not VP’s of the banks, etc signing. In our case the Customer Service rep from the Mortgage servicing Co signed one as VP for US Bank. We’ve had 7 assignments done in 18 months. None appear properly executed. Hopefully you find a judge willing to listen to this debate but usually all it does is delay the end result; which is paying.
@ Cheryl – well, since you filed for BK protection while or during the foreclosure, that is totally different than someone who is not in bankruptcy court. Once you file bankruptcy (and it depends on whether it is a 7 or 13) the courts are battling both from the bankruptcy court and then in civil court in the foreclosure. That’s not comparing apples to apples.
I have to disagree Mr. Swan. We went into bankruptcy not out of need, but to give us time to figure out where the bank thought they had a right to put us into foreclosure (our attorney’s idea); it was when the bank filed their “claim” that we discovered the forged mortgage. We were afforded no protection (outside of time to figure this out) by the Bankruptcy court. The Bankruptcy court avoided the mortgage due to the forgeries, however, they then tried to sell the avoided mortgage back to the defendants, so that they could proceed with the originally planned foreclosure.
We went to the US District court (twice) and to the US Circuit Court, winning all three times and finally were awarded the mortgage void-ab-initio and no equitable mortgage. That took seven years. I don’t care where you are fighting your forgeries it is no cake walk. Don’t make the assumption that just because someone chose to fight it through bankruptcy court that they are there because they couldn’t pay their bills. Fighting forgeries, in any court, state or federal is going to be daunting; straight up.
I filed Chapter 13 after being put into foreclosure. I was told if I was 90 days behind Chase would modify my loan – surprise – they didn’t even notify me – just stopped taking my calls and I found out from the county. They tacked on all sorts of attorney, etc. fees, which made it impossible to get caught up, so I paid all that back through the Chapter 13 and thought I would have a fresh start. Five days after my Chapter 13 was released, Chase started telling me I was in default. They did not apply an escrow shortage payment I made during the Chapter 13, and also did not apply one of my monthly payments, even tho they cashed my check and then sent “Intent to Foreclose”. I was with Wamu at the beginning of all these years. I need to find someone to help me with this. My bankruptcy attorney has contacted Chase repeatedly, but this is not her area of expertise. I know it will continue to be difficult, but I can’t just let them take my house.
I’m in Colorado.
@Wendy Maunu – We paid over $50,000 supposedly to our principal only to owe $10,000 more on our home when our discharge occurred and they took a car, that according to our trustees report was paid off plus an additional $1,100. The one thing that we discovered throughout this mortgage fraud is that the bankruptcy court, for one, is mainly the creditors friend…not yours. Another thing is, that lawyers versed in bankruptcy, are not well equipped to handle these types of frauds and the banksters know that. We were fortunate enough to have a friend that was a bankruptcy attorney that was willing to take on the forgeries…however, none of us ever dreamed that it would turn into a seven year trip through judicial purgatory. We are now at the stage where it is time to pay the piper…however, it took me three months to find a reputable firm, that didn’t make the ignorant statement as to the fact that “we won the house”…I am not sure as to legal representation in Colorado, however, I am connected with many fraud and forgery victims across this country…I have a Facebook page called Share Your Story of Mortgage Fraud (https://www.facebook.com/ShareYourStoryOfMortgageFraud), that is one of the places that I connect with other victims such as yourself…it’s a good start…don’t reinvent the wheel…and by all means fight. You are not alone
@ Mark – WHAT signatures? Do you have a site address that lists various recognized robo signers? I would definitely be interested if you have such a list or site.
Bobbi I have learned to question everything. I believe what I have found could support a class action lawsuit against US Bank which is trustee to many Mortgage Backed Securities. It can put ALL of their Assignments and Transfers into question. I am willing to email what I have to anyone willing to help me. Thanks!
Have you researched who gets the biggest pay-out in a class action suit?
I know it is the attorney’s, but many homeowners win their properties then the effort served its purpose.
I too am going up against US Bank I would appreciate any info you have on them and I am willing to share the info I have.
@ Cheryl Sutter – In the state of Florida, robosigning is a big deal! According to your example, for instance, if you had a property that was held by a corporation and the deed transfer was signed by a secretary instead of an ‘authorized person’ of the corporation, then the deed itself is legal? Wrong!!! Same goes for persons signing mortgage assignments, satisfactions. If the person signing is not authorized to do so, then the document itself is fraudulent. Having it recorded, makes it fraud upon the courts. The bankstas are not stupid enough to try to forge actual notes and mortgages….but they do robosigning to try and ‘fix’ gaps in title, which in the proces of chain of title on a property cannot be done. You can’t go back in time and replace a document to make the chain ‘connect’. That robosigned document just may prove no standing in his case and have the foreclosure dismissed. Whether it’s dismissed with or without prejudice is up to the judge, but a pot load of proof of fraud included in the motion(s) against the plaintiff (banksta) would go a long way in favor of the defendant. My best advice is to keep on fighting the courts; and don’t give in!!! Like you, Sheryl, I am in my 7th year with my battle and thus far Chase has not been able to provide proof of standing….
I do understand what you are saying, however, going on what we have experienced as being the victims whose signatures were actually forged, it was, by the bankruptcy court to be considered no big deal. Now, if actual homeowners signatures being forged is met with such aggression, I can only imagine what someone claiming robo-signing will have to go through. I agree that it is all illegal, my only point is that you need to make sure that your case is solid and be wary of the laws that will be used against you, terming you a deadbeat; and being backed up by the courts. My heart goes out to you…no one should ever have to go through years of judicial litigation when the crime is so obvious.
Bobbi I am willing to email you what I have to show you first hand the FRAUD US Bank is doing. I will email anyone willing to help me. Thanks!
You can contact me here emma.parker-at1g98b@yopmail.com. I’m reviewing possible options and we can compare notes.
Please send me what you have and I am very willing to help you bring down US BANK
mlfwf@yahoo.com
We won an avoided mortgage against US Bank (Sutter vs US Bank) via US 6th Circuit Court on 01-04-2012 (www.ca6.uscourts.gov/opinions.pdf/12a0001p-06.pdf)…we are now going after judgments received as tokens (they never thought we would be able to go after and collect) during our case. At this point, we have not received proof that the note was ever assigned to them (US Bank/Ocwen)…I will gladly share anything that I have if it helps…
Have you had it analyzed by a forensic doc. examiner who is board certified and qualified?
Macy when you see these signatures ANYONE and I mean ANYONE will see they are forged. I do not know what your professional experience is but i could show you them. Let me know.
Mark- would it not be prudent to have a forensic doc. examiner determine that forgery and enter it into evidence? Are you or a person making such allegations qualified to determine the authenticity of those signatures? Wouldn’t you want your evidence authenticated?
I am looking for help with what should be my next step. I have documented proof that the US Bank representatives signature on a “Assignment of Mortgage” is FORGED and the document was notarized. The “Assignment of Mortgage” goes in front of the judge on September 17, 2013. I have documented proof that US Bank is having individuals sign “Assignment of Mortgages” on behalf of a bank representative and then having it notarized by ROBO notaries. I have the documents to PROVE what US Bank is doing. Please help
Being someone who has survived forgery issues (Sutter vs US Bank); I can tell you that as homeowners, whose actual signatures were forged to the mortgage itself, it was a seven year battle; and that was after we got the avoidance because the bank and court felt that the bank was entitled to an equitable mortgage. We won, however, I guess my point in all this is, if the forgeries are not of your signature(s) then your chances of winning are most likely nil. My suggestion, is that you have all the assignments reviewed and look for other discrepancies that may be evident, but don’t get all fired up about the robo-forgeries.
Sheryl.
Thank you for your response. My only thought is that in my case the bank is trying to show Cause and Standing. But, they are using forged signatures to do so. If the bank can not show Cause and Standing then they have a problem. Correct?
Thanks!
You would think that; however, you will have to have stone cold proof and you will be amazed at how they twist the laws to conform to their way of thinking. You see the thing with robo-signing is that is an in-house deal…although highly unethical, it doesn’t put the banks interests at risk. It would be like going to the local city hall to get a building permit and the secretary, instead of the department head, signs the permit. You still have your permit; she may get chewed out, but it doesn’t change the legality of the document…if that makes sense.
I would personally recommend spending your time trying to work thru the issues keeping you from being current and try as well and negotiate with whoever is making claims on your mortgage. Going before a judge and telling him or her your mortgage title is clouded or the assignments fraudulent often falls on deaf ears. Judges hear the fact that your behind and they really could care less as to who the balanced is owed. Set your normal payment aside in an escrow account if needed, but show your making some attempt to get back on track.
I’m in the same boat with deceptive/fraudulent responses on QWRs and posible clouded title. I’m seeing DIY/preview reports done for $250-$300 and full packages to $2,000 range.
Thanks for the info re: prices. Not sure what it will run me but I will post when I find out. Do any of you know whether it helps to have this prepared by a licensed title company? Or whether they even prepare this kind of analysis? I contacted the title company we used in the past when buying a home but they had never heard of a COTA — which started to make me nervous as to whether a COTA is legitimate.
They are more often used on the commercial side although you would think it would be part of due diligence for any supposed title insurance. My understanding is it’s good to have a third party/professional certification when you get to court stage. On the other hand if you still have time and are trying to get them to the table you can try it yourself. I did tech support for a property records company and basically you list every recorded document and make sure they all line up by dates, parties, legal description etc. You can google online property records and can view images without paying in some cases. Could be enough to get you going. When you’re dealing with alot of files and different parts of the country or going back alot of years is when you really need an expert. Then again someone that knows how a particular county works can pick up something that lay person may not.
The info that my servicer has provided through a 3 QWRs I’ve sent over the past 3 years is contradictory to what’s available in public record. We would argue that the title is clouded based on that + the COTA and *hopefully* this would inspire some form of negotiation. I suppose I’m just grasping at straws before we enter foreclosure proceedings.
To prove what? That the mortgage company serving you has no standing to proceed thru a COT analysis?
Hey all, I have discussed the possibility of going on the offensive with our case pro se, with guidance from those with knowledge of the law and those who have done it before. We have not been served yet. I wanted to ask if any of you have ever created (or paid for) a Chain of Title Analysis?
@K.B. A chain of title analysis or “Securitization Audit” as I refer it can be effective but it really depends on how you intend to utilize the information.
@Mark asks “To prove what?” and that is a great question because the audit should answer [or raise] a specific question that will aid in your defense of the foreclosure action. At the moment you make it clear that there is no such action commensed.
Here’s what happens. Many homeowners are sold an audit report and are told is a legal document. They rely on ambitious representations in the report and make claims against the “bank” in court. As @Mark also says.. those claims fall on deaf ears.
In order to conduct the audit, one should have a solid understanding of how your courts, appellate courts in particular have decided the specific issues your raising with the audit. Audits are useless if it’s done blindly.
For example, Some states view the homeowner as a non-party in the foreclosure action therefore the audit would be fruitless even if your audit proved murder.
Other states courts have the decided key issues that make a securitization audit worth while. As for the county records that you mention in your post, keep in mind the audit does not focus on land records.
I do agree with your general view that the COTA may offer you leverage to obtain a loan modification but I would hestiate to say that it has a specific use with loan modifications.
I’d be happy to take a look at what you got to see if there is a context in which you may prevail.
Alex Frias
NEED A GEORGIA FORECLOSURE ATTORNEY (ATLANTA AREA -NORTHERN DISTRICT)
I have been fighting Chase and their attorneys pro se.
I my latest Answer to the court, I provided proof of possible criminal behavior by the foreclosure mill attorneys.
Their latest move was to replace the “regular attorney” with one who specializes in RICO fraud.
Quite telling.
I need a good Foreclosure Fraud attorney in Georgia (non-judicial f/c state)
Any suggestions would be greatly appreciated.
Thanks in advance.
try livinglies.wordpress.com Neil Garfields site. He has a page with a list of attorneys.you may have some luck there.
Yes, represented by attorney and yes, we have contacted Trustee. No reply yet. MOC was 1 month after filing and creditors DO NOT have to attend, they have an additional 90 days to file a claim which was 8/4.
There is a 6 month review 10/4 as well currently scheduled.
Do you know of an appellant attorney in Alabama for the Supreme Court in Birmingham?
Reminds me of when I tried to cash my measly $2,000 “audit” check with Chase and they wouldn’t cash it because I didn’t have a checking account with them even though my mortgage was supposedly with them. Maybe because it actually isn’t?
We can all use some humor!
And IT’S GONE!
Yes, but what if no claim is filed? Only a “Notice Only?” I’ve been waiting 4 months to dispute the actual legal secured creditor as well as the inflated 15K balance. Believe it or not payments are automatically sent by the trustee BEFORE this is resolved.
Are you represented by an attorney in this Bankruptcy? Have you contacted the Bankruptcy Trustee/Judge? Has the date for the “Meeting of Creditors’ been set yet?
I think we may have something incommon I liked your answer you obviously know the language
That tells me you may indeed come out swinging and I can;t blame you for getting a rise out of
the messege board you could even have a sense of humor who knows?
Hammertime I have signed a settlement agreement with the forclosure mill it states 500 dollars upon signing and 2500 upon final judgement I have yet to receive my 500.They are in comtempt as we speak for not unlocking my property.I have been waiting for a month for the 500 whos to say they will pay me at all? I am leaning towards a letter and copy of the agreement at least so theres one in the file and request for payment in full at the hearing to take it to the steps. Or if I really get P.O.ed another motion to dismiss for contempt,dishonest dealing and of course promossory note.
Keep giving them the roper to hang themselves with! Looks like your on steady ground and they will have been what’s the saying, pound foolish?
In a Chapter 13 BK, must a secured creditor file a proof of claim?
Yes they have to file a Proof of Claim (Form B10). Though just because they file the claim doesn’t mean they are the true, legal secured creditor.
JPMC Chase filed a Proof of Claim as the ‘Successor in interest to Washington Mutual Bank’…which is common knowledge now that they were NOT the ‘successor in interest’.
Hell NO, No more Bankster Bailouts!
yes I see what you mean. I just read the entire case.
@ Hell No No More Bankster BAilouts!
HEre’s that Glaski case. Glaski V BofA
http://www.scribd.com/doc/158466337/Glaski-V-BofA
@ Hell NO, No more Bankster Bailouts!
Can I safely assume that although the foreclosure action in the Glaski case is venued in California the trust in question was formed in New York State? I’ll look for it. However on that case premise, it appears that it the trust is active at the time the transfer occurs then the homeowner would have no potential for remedy.
Secondly it’s my understanding that these SPV’s or Special Purpose Vehicles which can typically be the legal structure of these trust don’t enjoy much tax exemption in the first place. It’s almost a tradeoff for the benefits that come with being an SPV. Not an expert on these financial models but I would suppose that if there were no appreciable tax benefit for the “trust” or SPV to enjoy, can a late transfer then survive a challenge on the Glaski case grounds?
I still think challenging the transfer in a non judicial setting can be most effective in a bankruptcy venue.
@ DocsToWork, You have several flaws in you post. There is a lot you have not understood correctly about the REMIC Trusts.
That trust had CLOSED by the date of the attempted transfer. All of these late transfers are ones that do NOT conform with the IRS TAX Code. I believe there is a SUBSTANTIAL PENALTY on the REMIC if it were to loose the REMIC tax status. It may be a 100% penalty.
What the Judges said in that NON-BK case, is that if the transfer would be VOID (as it would be in Galinski), then the courts have got to hear the case.
Your understanding of SPV’s does not match with the restrictions on REMICs under the IRS Tax Code and under NY Trust Law.
The REMIC trust has only a certain number of DAYS to get the loans transferred in. After that (usually 90 day) time-frame, only REPLACEMENTS of DEFAULTED loans can occur. That means loans that are ALREADY IN the trust when they default, can be swapped OUT and replaced by a loan that is NOT in DEFAULT.
The trustees for the REMIC Trusts are also NOT to take any ALREADY DEFAULTED loans for transfer INTO the trust at ANY time.
So for TWO reasons, under the IRS CODE and under NY Trust Law, these transfers are VOID.
Your premise about the ‘SPV’ still ‘existing’ at the time of the attempted transfer is not the way the laws read. The banksters would love it if your understanding were true.
In CA, the BK court can indeed be the best place to fight these bogus transfers. But I am starting to see hope with both the Appellate court ruling in Glaski and the San Diego court that ruled in Johnson v HSBC, allowing the PSA to be brought into the argument due to IRS code that was being cited that differentiated it from ‘Gomers’, which is a San Diego fiasco.
@Lee Parkerson Have you signed a release? or do you have a settlement order from the court?
I have not signed a release or deed as of yet. They just dont want me to go to court. Probably because they never gave me my keys as was agreed upon at mediation this is an on the side deal with the forclosure mill.. When I email the greenhorn esq. assigned to me it doesnt seem like he has ever seen the file..He says hes trying to get me my money and is having trouble with his client. 1st bank N.A. fka Bank of america fka Lasalle fka M.I.M.L. trust.
Am I getting scammed if it has not gone through the court?
Two big road signs –
Major effort to outsource servicing – workaround of the “problem” of whistleblowers? BoA, Chsae, others involved in advising the deal. Any bailout, other public funds used? Ask your Congress person and the Obama administration or just complain how ANTI-American Wall St crooks are.
“InformationWeek, July 30, 2013
________________________________________
Lender Processing Services, a leading provider of innovative technology, services, data and analytics to the mortgage and real estate industries today announced the opening of its mortgage technology services facility in India. The company handles about 50 percent of all U.S. mortgages by dollar value.
…“LPS, as a market leader in mortgage technology in the United States, has a unique edge that translates to numerous opportunities for employees in India,” said Casey Williams, senior vice president of LPS’ Global Delivery Services. “We anticipate tremendous growth in the next 3-5 years, as well as the chance to work on emerging technologies that will leverage the TALENTED PROFESSIONALS and infrastructure in India.” emphasis added
And…
it is not enough to say “where is the note?” but it IS enough to say “if the note is with A, then how can B foreclose?”
this foreshadows the on-rushing death of DeBrunner…
“The court then stated: “In Barrionuevo v. Chase Bank, N.A. (N.D. Cal. 2012) 885 F.Supp. 964, the district court stated: ‘Several courts have recognized the existence of a valid cause of action for wrongful foreclosure where a party alleged not to be the true beneficiary instructs the trustee to file a Notice of Default and initiate nonjudicial foreclosure.’ (Id., at p. 973). We agree with this statement of law, but believe that properly alleging a cause of action under this theory requires more than simply stating that the defendant who invoked the power of sale was not the true beneficiary under the deed of trust. Rather, a plaintiff asserting this theory must allege facts that show the defendant who invoked the power of sale was not the true beneficiary.” (Glaski v. Bank of America, slip opinion at page 17; italics added.)”
http://timothymccandless.wordpress.com/2013/08/02/getting-glaski-published-20-days-to-do-it/
Getting Glaski Published – 20 days to do it
2 Aug
From: Charles Cox [mailto:charles@bayliving.com]
Sent: Friday, August 2, 2013 6:40 AM
To: Charles Cox
Subject: Getting Glaski Published – 20 days to do it
As many as can muster a request, please send a request to get this case published. Example is attached as well as the opinion. Authority and instructions are per CRC cited below:
CA Supreme Court Glaski v. Bank of America CA5, F064556.pdf
Skov Publication Request.pdf
My servicer is Ocwen & Freddie owns my loan. I’m 2 to 3 mos behind & now re-setting the foreclosure review letter month to month now with my payment.
Problems started after we bought a new house in ’07. We planned to re-fi immediately after selling the previous residence. Well, we got STUCK with our old house for 4 years & lost over $40k trying to carry both mortgages. With no alternative, we pursued a chap7; received our discharge in 2010. Final irony is the old house sold the following summer (short-sale). Student loans have kicked-in & since we’re still stuck with the high rate & payment we’re still struggling.
Owe $380K & house is now worth 270K tops & can’t sell…the discharge lets us leave free & clear, but I haven’t given up yet! That said…
1. I can’t qualify for HARP because as mentioned, I’m late.
2. Freddie says NO to a principal forbearance (they do not do principle-reductions) unless I re-affirm the debt. A ridiculous requirement as most judges wouldn’t let you do it anyway.
3. denied HAMP because our debt to income was too-low (26%…just under the required 31%).
Questions:
From what I’ve read, June, 2012 CHANGED that 31% ratio requirement. Further, I’m not even sure the ratio was calculated correctly. Does anyone know the formula?
I wanted to petition to be re-considered for HAMP, but the article titled “No Appeal – The Success of HAMP and the Independent Foreclosure Review” tells me that’s pointless.
Who could actually take 3 mins to review my details over a cup of coffee & point me in the direction of how to proceed? I don’t have a lot of $, but would be willing to pony-up for good, useable advice. I have tried using the gov’t approved counsellors & so-far they’ve all been absolute flakes…
I may have a resource for you and glad to review general, non-legal information.
How’s it going FrankB?
The service I’m talking about provides a way to do your own proposal non HAMP.
If you want get a temp email and post and I’ll contact you.
Foreclosure; Why Homeowners Are Losing the Battle
Non judicial states are winning the foreclosure battle. State courts and appeallate districts are overwhelmingly ruling in favor of the MERS business model. Read more here. Get informed and fight back!
http://www.examiner.com/article/foreclosure-why-homeowners-are-loosing-the-battle?goback=%2Egde_1196967_member_262695705
@David Black
While I wait to get possession of my stolen condos back I think .and I thought it is impossible for this country to be made up of so many crooks. And then you realize it is the same crooks moving into different businesses
These same investors that knowningly bought into bank origination fraud are now part of the Real Estate Investment Trusts . Just like there were whistleblowers from Bank of America , this country needs some whistleblower from the REITS and how the people displaced from their homes are again becoming the victims of the investors using their stock in the housing market
Are you referring to the fact rental income is now being pooled and securitized? No they haven’t learned and people need to speak up. Economist Richard Wolf on Moyers described how we’ve had two explosions with Tea Party and Occupy Wall St from the left and right but most Americans are like deer caught in the headlights! In denial that the American Dream has been taken away from us.
We have to be careful to not limit our defense to produce the note or MERS in general. See above. As usual the courts, public, politicians are just catching up. The non judicial process or laws cannot take away our due process and basic laws The key it looks like is to demonstrate factually that the documents are invalid and “fixing” the signatures doesn’t cure the basic problems of standing or fraud. It would be great if you did a follow up article.
hammertime I have a situation where I was supposed to get my keys back to the abandoned property after mediation its been 4 months and no keys in addition a settlement agreement signed a month ago promised 500 upon signing and still no check I am considering fileing another motion to dismiss on grounds of not only note but dishonest dealing and contempt of court.you are correct the note wont do it in the fla rocket docket.Do you think its worth a try?
@ Hammertime Thanks for your comment. I am working on a follow up article on the challenges of defending foreclosure in non judicial states. The main problem is that homeowners in non judicial states are not legally capable of challenging the note. Only the bank or the Trustee can challenge, but obviously they never do. This has been held up in the appellate departments of those districts. However there are other ways to challenge the enforecability of the note through the bankruptcy process.
@ DocToWork, The CA Appellate courts have started ruling that the borrower CAN challenge those late transfers into the trusts in cases where the effect makes the transaction VOID instead of VOIDABLE.
This is coming down with a case that is not published yet but has stirred a lot of interest in getting a publication. Basically, the case in point distances the underlying principal from Gomes. Glaski is the case you should try to find.
The Appellate court found that if the transaction to assign the loan was not allowed by NY Trust law and IRS code, the transfer should not be allowed to occur or if it did, it would endanger the tax-exempt status of the REMIC trust that was being enjoyed by the investors, thus harming the investors if the transfer was allowed after the trust’s closure date. The Glaski case is headed back to the lower court for further hearings since the higher court action overturned the lower court’s prior ruling.
Garfield says to next expect the Banksters to generate a new, earlier assignments and try to convince the courts that these transfers really had happened earlier, despite the finding in the Kemp v Countrywide case back in Connecticut..
@Lee Parkerson
Sounds like you’ve done well in your defense in FL. Of course can’t advise legally speaking. In general I’d say it’s important to not leave anything unanswered or actions ignored. Becoming as knowledgable for yourself as possible and reviewing any similar cases or the code for yourself is how we do it yourselfers have had to go at it esp if a good lawyer is out of reach. Out here in CA the AG is just now training lawyers on how to deal w/ this so you have to try to be up to speed. An in between step before answering to have case dismissed could be to make a demand letter if it makes sense. That way they can’t keep pushing the “mistake” excuses.
@DocstoWork
It may be we are going through a transition here in CA and possibly other states that are non judicial and have a Homeowner’s Bill of Rights. One of the goals I understand was to take the load off the bk courts as homeowners understood the non judicial process worked against them.
in 1977 there were whistleblowers that predicted all of this mess while working at the OCC of the us treasury dept. what came out of that was the community reinvestment act but the lending abuses of the big banks continue. actually all of this goes back to the great depression of the thirties and the riots in Chicago and other big American cities. the big banks did the same thing then that are doing it now.
no one listened then and no one is listening now. the chance that will happen again with regard to no reserve hedge and derivative bets on housing and mortgages is just a few or less decades away from happening.
it has to be stopped. vote for senator warrens bill to break up the big banks and restore the glass steagel act that will take away investment banking from having its links with depositores savings and checking deposits that puts the government on the hook for bailing out the banksters.
A little information about a shadow credit reporting system
For years many people were hurt by the false information put out by the three credit bureaus. Now that there are laws in place that try to prevent this with the credit bureaus, -Experian Credit has a company called RENT BUREAU that flies under the radar pretending the purpose is to give tenants an advantage getting an apartment landlord to landlord with secret data. Scam out, scam in against us.
Trillionsofdollarsof fraud-
How would this work?
what is a judge trys to use a void ab intio judgment (for lack of jurisdiction) as valid
would the judge not lose immunity for trespassing. ( US Elliot v. Piersol)
Sorry I did not see your question sooner – but regardless, what I said is what is! Do not see how you can claim trespassing for a judge to lose immunity as a judge has absolute and I mean absolute immunity when conducting judicial functions and might not have immunity absolutely when conducting an administrative function like setting a court date.
We made numerous payment attempts in a PA Court foreclosure resolution program only to have the local hired counsel openly tell the judge he does not represent the “Plaintiff” on the docket, he represents one of the many changes in the assignment chain. We were not willing to pay a 3rd or 5th or 7th owner/assignor without a detailed review of the balance and a letter from the original mortgage holder (Citi)acknowledging and releasing their litigation. The foreclosure continued the whole time in the name of Citi. Courts obviously have their hands tied and must rule that a break in the proper assignment of these mortgages is moot and that the homeowner is not a party of harm should these transfer be fraudulent. I can sing the poetry that a transfer of interest cannot occur without first having rightful ownership of that interest all day long and it falls on deaf ears whether that is case law or not. I read the fraudulent transfer of a mortgage is a Class E felony. So, we’re now in Stage 2 of BK and we’ll see what the Trustees require as claim documentation to resolve balance and ownership questions.
The pressures on the courts and the destruction of our communities was something that was predicted years ago back to the 90’s I think it was when there were warnings about MERS and possibly even back to the 80’s and Savings and Loan crisis.
It was a good point that someone focused on our Constitutional rights. No individual or branch of govt is above that and we shouldn’t be denied due process.
In CA I’m more willing to try a mediation, as it seems you have, since laws are “catching up” to some degree. Does adversarial proceeding apply in PA bk?
As to judges I’ve read cases or heard about people having judges removed for conflict of interest so may be that people need to check on their judges as well as everything else before they get too far along.
You have that right hammertime I was once placed in a locked hospital facility for over a week and found out later the judge who signed the Involentary placement order was on the board of directors of same hosp. I filed a complaint with the judciary qualifications div. In Tallahassee and this crook had to hire a lawer and get questioned by his peers.
I suppose he got a slap on the hand, but I can tell you what happened the next time my estranged hubby tried to pull a fast one IPO was DENIED! (patting myself on the back)
I don’t know about Ca. but Fla is a CYA state meaning cover your arse
@Diesel1507
Back in july I posted about unbeknownst to me I moved into a Real Estate Investment Trust (REIT ) with a a Drug Dealer and his meth lab as the tenant above me where on my third nite there , one of the drug dealer clients overdosed amd died and all the trouble I had leaving that apt without a bad mark on my credit bur eventually lived off my security and fled and discovered a shadow credit reporting system called RENT BUREAU an extension of Experian.
For years many people were hurt by the false information put out by the three credit bureaus. Now that there are laws in place that try to prevent this with the credit bureaus, -Experian Credit has come up with a company called RENT BUREAU that flies under the radar pretending the purpose is to give tenants an advantage getting an apartment landlord to landlord with secret data.
Diesell you gave me good advice to go to the BBB and file a complaint against the Debt Collection agency that bought the fraudulent debt from the REIT and since the Debt Collection agency could not verify the debt they bought, the BBB notified me it was not appearing on my Equifax credit report HOWEVER I went to rent an apartment and the leasing agent pulled up a Experian credit report and there it was
This RENT BUREAU has the fingerprints of a company like lps docx
did they report a 3 day notice? I’m a landlord and will pay a tenent to get a storage unit and move fast rather than give my greedy county a penny.I look up only criminal records on my rentals. My units are always rented and never vandalized.
When something starts hitting home – it ought to make the Judges pay attention
Yes, I’m serious and no bankster spy, read my other posts for years. I got 7 fraudulent assignments on the mortgage I’m resolving. Judges don’t give a shit. Law is for the birds. You would think they would follow the law, but they don’t care, they just want the case pushed thru and ended. They understand the banks and servicers and lawyers proceed with no “legal standing” but it’s a moot point. You have a mortgage balance and they really could care less about the law or precedent. It’s comical.
Sorry about that! Yup we’re deep in the realm of the absurd. In CA for example it seems people learned that bk was the way to save their homes rather than deal with corrupt justice system and reduce their seconds etc. It’s been said to me by a legal firm no less that the Homeowner Bill of Rights were a response to lessen the load on the bk court rather than be relief for homeowners. Still there are important tools there but if you’re in bk you CAN’T use them from what I understand. Not legal advice of course but we need to keep looking at the settlements and laws etc and keep challenging the legal people etc as you’ve learned to do. So basically you gotta keep adjusting to reach your goals and we have to channel our anger and frustration by continuing to make our cases publicly. Do what you need to do while still fighting to fix the system as best you can. As I said in previous post CA Central District is getting the rep for ignoring assignment based arguments. A way to look at it could be that the assignments can’t be your only leg to stand on but used as evidence to follow the money and fraud as Garfield and others have suggested.
BK? what issues are being resolved by BK?
Are you serious? You’re not another bankster spy are you?
I think there are a lot of people in the judges pockets especially Title companies
who IF they did due diligence, turned a blind eye to the facts and some Investors
in their tickling their ——- wanting the judges to see it their way.
So why is no one arguing case law or statutes and winning? If you’re getting a bank pocket judge keep going higher in court. Is no court ruling based on law?
Some have while others have settled or go through bk. And we didn’t get the benefit of legal aid or a legal expense bailout that the GOP and Wall St Dems gave to Wall St which kills the average person. Death of the middle class by both parties.
Marilyn, you are right on target! That is why I had bumper stickers made
saying “BANKS ARE STEALING HOME AND THE COURTS ARE ALLOWING IT TO HAPPEN”
Just a suggestion from someone who has been fighting 2 homes, one in California and one in Florida…before B of A files for foreclosure, file your lawsuit claiming attempted wrongful foreclosure practices and send a Cease & Desist stating there is illegal activities being attempted by a bank claiming to be in possession of your note…by you being the Plaintiff and not the defendant gives you an upper hand because they will then have to prove they have standing and we all know they cannot. I have always thought we the people should be suing the banks instead of the other! Just a suggestion!!
what about a class action against Judges who refuse to follow
the law of the Constitution, this really seems to be the problem.
Judges don’t have immunity for bad behavior and it doesn’t have to be high crimes.
If they can lose pension money these bad judges might retire and lets get in a batch of ethical and law abiding judges
http://judicial-discipline-reform.org/docs/no_judicial_immunity.pdfe
Incorrect, at present in every jurisdiction, both judges and prosecutors have absolute immunity and can continue to conduct the duties of office from jail cells if convicted of a crime until removed from office by the bar so long as the judge and or prosecutor is involved in a judicial function, but if involved in only an administrative or advisory function they lose their immunity and only then can they be sued for what they do wrong advising or administering things.
I’ve been posting here for a few years… finally stopped paying the mortgage a year ago. Received a ‘notice of intent to foreclose’ via regular mail yesterday. Also received four (LOL) ‘notices of intent to accelerate’ and *another* modification packet a few days prior. The fact that we can receive *four* notices of intent to accelerate (two via certified mail, two snail mail) tells me that management at Bank of America (our servicer) still has no f*cking clue what it’s doing (when did it ever?).
What’s more interesting is that Bank of America now refers to itself as the noteholder in the notice of intent to foreclose (“noteholder, directly or through an agent, has possession of the promissory note” — riiiiiiight). On every other document they have sent (and in responses to documents I have requested over the years), BofA has *always* referred to itself as the servicer, and that it is operating on behalf of the noteholder (Freddie Mac).
Furthermore, on the notice of intent to foreclose we received yesterday, there was no indication that the letter *was* a notice of intent to foreclose. There was no header. There was no timeframe by which we must pay indicated in the letter. I’m thinking of it more as a ‘happy anniversary’ letter 😉 It read “You are receiving this notice because your mortgage is in default, and your property will be referred to foreclosure,” and then itemized the status of our account.
Have any of you ever received a similar letter? What’s the timeframe from when it’s received to when they *finally* file?
After 5 years, pretend lender has filed new NOD. Has bought me more time but any advice on how to request accounting without acknowledging their standing.
I’ve been warned that invalid assignment cases are being frowned upon in CA courts.
Is anyone dealing with any Countrywide business listing Amanda Farrar as a VP of any company?
I am fighting a foreclosure in NYS,she is a signor on an assignment in my case. I have other info on her and will share as well ty
Patrick – don’t waste your time and energy on responding to this bank shill. You have to ignor ignorance!
How all you deadbeats doing?
You are an idiot!
@K.Jackson
hows about you getting a real job inspector clouseau wannabe troll spy and really, K.Jackson? surely you can do better than that…..maybe? does entrapment count?????
Just great K. are you the same K greenhorn esq I tell jokes to who works for bac forclosure mill?
Really??? Who mentioned “Greenhorn”. No dementia yet. Not Greenhorn or a lawyer but had to play one for two years and it wasn’t one bit fun. If someone doesn’t live up to their agreement real soon, I may have to put back on the lawyer’s hat. Unlike most here, I didn’t wait to defend myself, I went on the offensive. Interesting that you would determine that I am one of the bad guys here? Look back through many posts over the years and maybe you’ll come to another conclusion or is it really that you are the real pretender here.
Anyone dealing with Owcen go to the Owcen Lawsuit Source Page on facebook.
@fl (boa)
Nice Try!
Fl bac@ bendover.com
dont get me too excited K I may have to become a switch hitter
For those fighting the legitimacy of these robo signers please pay attention to this and other rulings on robo signing. This is an epidemic. 5 of the last 7 assignments on the mortgage I am working on has signatures by people claiming to be Bank VP’s and are in fact Customer Service emps with the servicer.
Does anyone have information on a Ryan R. Krane, I believe this is fictitious, but he is signing as a VP for various Banks, BOA, Argent Mortgage, Wells Fargo, and posting them as owners on the books in counties?
I will look in central Fl. its sounds official and probably isnt.. I have a question.I have a deed on another abandoned house supposedly it went to an investors auction. I was never notified of hearing to take it to the steps.Someone moved in and a week later moved out.Is it possible that wells fargo just ignored my doc? Should I refile it just to see what went down?I was surprised because the deed is recorded and further I posted it on the front of the house with all my contact info.Am I clouding the title? Or did they somehow default me by ignoring the obvious?
i don’t know if they belong to the bbb but I will do that.
Thanks Diesel.
do they belong to the bbb? sometimes it just takes a complaint to them.
as I understand it- businesses pay to be in the BBB and was told complaints to them mean nothing. suggest what I’ve heard.
lol- meant- just what I’ve heard.
but you’re own due diligence may discover it is effective.
Just like the Banks have power these REITS have power and connections.
The police had surveillance vans surrounding my building 24/7 for weeks.
I have documentation of all that , that he was arrested, a meth lab but the REITs
are all in bed with the collection agencies and the credit bureaus.
Something you just have to walk away from.things. you have to pick your battles.
The reason I even mentioned the REITS is that if you have an animal and your looking for housing after a fraudulent foreclosure they look very good That is till you live there
Something you just have to walk away from.things. you have to pick your battles.
But these credit bureaus with their false information are a pain. My original question was
I had heard the Fidelity Title in particular had a behind the scene connection or investment with a Credit Bureau.
My energy is in fighting corrupt Judge Schlesinger in NY Supreme Court.
Bobbi
I did all that. It was the police in fact that kept telling me ask them to move you. I DID ALL THAT NUMEROUS TIMES AND THAT IS PRECISELY WHY THEY LET ME BREAK THE LEASE FOR $1.
I had heard from other residents that they take all types of fees out of the security and you don’t get it back. I went all the way to top of management no one cares about a Warrant of habitability.
In fact when I moved into my second REIT nothing bad was on my credit report yet but I told the property manager exactly what had happened and by coincidence he had once worked at the first REIT . and he said to me it is a good thing you lived your security off you would never get it back.
I wonder if he is going to sing the same TUNE WHEN HE FINDS OUT I AM GOING TO LIVE MY SECURITY OFF HERE TOO.
I forced myself to live out my lease in the 2nd REIT but I have an issue with the addition fees they tack on over a high rent having to do with ista or yes fees.
These REITs are a nightmare. I never looked to see the CEO of the 1st REIT but I checked out the 2nd CEO from this REIT. His background is perfect for a cheating stock company, he was mixed up in a scandal with a big Bank and so he went into housing.
I looked up his bio. YOU WON’T BELIEVE THIS.
1. his dorm was so filled with marawanner smoke you could not see .
2.his greatest achievement in college was inventing a water balloon that he would throw out the window hit the girls passing by in the head, knock them to the ground stunned And he is the CEO of one of the largest REITS on Wall Street.
Fight hard for your homes, the worst is yet to come.
@ Marilyn Lane – Do you know for a fact that the tenant upstairs from you was operating a meth lab? Did you notify the police of ‘suspicious activity’ for this apartment? Did you file a complaint with the city in which the apartment is located for possible code violations? Is there any provision in your lease that covers ‘safety’ or providing any type of security or their best efforts to provide a safe environment? I would suggest filing complaints with the City for code violations, Attorney General for unsafe living conditions, and if possible, get a copy of the police report for the incident that occurred the night of the death of one of the occupants. Surely, the police/EMT would have entered the apartment to treat and witnessed any type of illegal drugs present. Go the repositories that are reporting this account and dispute it. Support your claim with documentation as above. Oh, and another good place to get support is your local TV news stations that have an ‘investigative’ team. Publicity and news investigations are not what REITS want. You may fine they might correct this error themselves. Good Luck!
Teresa Clopp an alleged Robo Signer for PNC Bank N.A. will be deposed on July 17th, 2013 in Montgomery County Ohio. This inofrmation is for all the people that has been trying to locate this supposed authorized officer for PNC Bank N.A.. God Blessed and Keep Fighting
typical false infomation published byEquifax and other credit reporting companies.
Debt collector wants $2400.
Equifax publishes biased false information. It must be made mandatory that you get the whole story.
Unbeknownst to me when I moved into
XXXXXXX on Feb. 9 2012.the tenant upstairs was a drug dealer with a meth lab
And a
druggie himself.
On Feb 12 2013 my third night there ,there was a rumpus going on up stairs till three in the morning. The Next morning when the street was covered with emergency vehicles, police, ambulances & Fire trucks I was informed that one of his guests overdosed and died.
On Monday I immediately went to the management office and said I assume he will be evicted ‘ and their response was it was a weekend we
weren’t here we can’t evict him it would be heresay.
I then wanted to be moved to another apartment. And their response to that was it would cost me $500 more a month rent.
For weeks the police had surveillance vans surrounding the area looking for the big boss.
I than found out XXXXXXXXXX in the office had worked for him at one time. I
didn’t like the people coming to XXXXXXXXXXX door, and I
And my dog
didn’t like the smells coming from upstairs.
Then His irrigation system flooded my apartment.. After arguing with them to move me, I WAS ABLE TO BREAK MY LEASE FOR A $1.00 CHARGE. HEARING HOW THESE REIT’s DO NOT GIVE BACK ALL THE SECURITY, I lived mine off and moved
Unfortunately to another Dissterous REIT but it is hard to find housing with a dog.
Here I got a transvestite with his other , both on drugs.
Here I went to the DEA and police.
Truth is stranger than fiction.
Iam looking for other housing so if you get that information off my report it would help.
That figure, they give you has numerous late fees tacked on to a months rent .. and something to do with damaged carpeting, they don’t tell you his flood came down not only on their carpeting but
my furniture got damaged and wet.
Thank you. The only thing I can guarantee you is that I am not looking for another REIT
@hioan – very well written and I could not agree with you more! Being in the mortgage business now for well over 40 years I try to help those to ‘correct’ such credit, much to the dismay of some of my colleagues, but the Florida regulations in licensing REQUIRES us to also ‘counsel’ our borrowers. Such ‘credit scoring’ in my own personal opinion, as a sole indicator of one’s ability or conditions precedent on a debt repayment is not truly indicitive of that person as a whole. Most repositories do not adhere to the federal laws on such reporting or verification. Unfortunately, we as humans have been replaced by technical programs that transforms us into numbers! I agree that change is needed as is the case with most of the mortgage processes currently being utilized. The top priority is education of the public and for which this particular site has done an exceptional job.
I would appreciate to get in contact with an attorney that can help me go for a win on this against MERS NOW, in the next few days.
my case is built around Grove v MERS.
contact me to get more details.
@KK – seems like someone has not been totally educated on collection of debts on credit reports. You should probably research The Fair Credit Reporting Act (more commonly known as FRCA) as to how accounts are reported, how they are catagorized and time frames on debt to be reported. That foreclosure will not leave your credit report in 7 years. Once those credit cards reach a “profit/loss write off” status does not mean that you do not owe it any longer. It means that the issuer has taken the loss against income taxes due on profits. Finally, cashing that check has no effect whatsoever on your current debts. It is a premium, so to speak, from a lawsuit or settlement. It also does not negate from you pursuing that lender on your own in a civil suit. The only way to stop the clock is via bankruptcy. Just so you know, bankruptcies stay on your credit for 11 years.
Hello, it has been 4 long years since I have been out of my house which was foreclosed. I am 3 years away from it leaving my credit report or so I understand. Looks like it will fall off in 2016… I have ignored and shredded daily contact from all my creditors and am looking forward to being free of these marks on my credit. Life is to say the least very difficult when your credit rating is very bad. My concern is that if I cash this measly $300 check that I got from the independent foreclosure review settlement that it will start the years of bad credit over again. I read somewhere that as long as you ignore the creditors and do not make any contact with them or god forbid payment to them that the first month that you are delinquent starts your 7 years of bad reported credit, however the moment that that you communicate with them, the clock starts over. Will this happen with the $300 and my Wells Fargo debit if I decide to cash the check?
@KK: These days you have to look at everything with a critical eye and decide for yourself what to support and what to ignore. While a credit score made things easier for the banks and lending institutions to do their job, it has been misused in recent times, often holding it like a gun to your head while they went about cleaning out your life savings and throwing your family out on the street. Folks like yourself who have been paying their loans back faithfully for years are suddenly left hanging for dear life. That is why a growing number of people with sub par credit scores have decided enough of this nonsense, and are now leading perfectly normal lives without giving in to these bankers who, by virtue of their place between the people and their deposits, have been siphoning away their wealth, and abusing the power that accompanies that privilege. Btw, this behavior is not new – the same actors , the likes of JP Morgan and Co, were exposed and to some extent reigned in by the work of Louis Brandies in the early 1900’s. Look it up for yourself and act accordingly my friend. Only collective action by all of us will bring about much needed changes. Be wise, be strong and be well.
@ Robert Kuperstock – I see that only 2 people have signed the petition you put on line. I also see that you have to register with a government sponsored site in order to sign….that may be your problem. No one wants to put out their info to the government (who BTW is dead set on monitoring everybody!). I, for one, will not sign b/c of that stipulation. Maybe move your petition to another sponsor site and you will get more responses. huh?
4closurefraud.org could you please post this article http://www.mypalmbeachpost.com/news/business/real-estate/quiet-title-lawsuit-lands-tequesta-homeowner-in-ho/nYN9d/
“Quiet Title lawsuit lands Tequesta homeowner, etc,”
It came out a week ago in the Palm Beach Post by Kimberly, but cannot view more than 2 paragraphs of the story.
Could you post the full story?
Thank you!
Do something! Sign the petition on we the people Re: former Bank of America Attorney
Eric Holder. https://petitions.whitehouse.gov/petition/investigate-relationship-between-eric-holder-and-continuing-organized-crime-activities-bank-america/1JG3C8lB
Watch this and be discusted
http://www.abc15.com/dpp/news/local_news/investigations/arizona-homeowners-losing-their-homes-to-foreclosure-through-forged-documents
DT it is not just PHOENIX it has happened all over this country.
LENDER PROCESSING SERVICE”s docx (THE MAKERS OF FORGED DOCUMENTS)
is so valuable to the fraudclosure market and the racketeers that Williaqm P Foley of Fidelity National Title announced that Fidelity has bought back LPS FOR A COUPLE OF BILLION DOLLARS.
Lorraine Browne might be jailed for her crimes but it is just a little inconvenience for the crooks.
Thanks for the post. Seems standing is being swept under the rug in CA but people should still review CA Homeowner Bill of Rights, settlements etc to defend themselves.
There ARE victories out there for lack of standing!
See HSBC v. Hardman, 12-cv-00481 (U.S.D.C., N.D. Illinois, Chang, J). In
this case, the lender was Fremont Investment. Ocwen foreclosed based on a forged assignment, in the name of MERS, of the mortgage in 2011 to a trust that had been closed in 2005. Property Rights Law Group filed affirmative defenses alleging (correctly) that the assignment was the only basis of for Ocwen’s case and that it was forged and that it was invalid because of the date, so Ocwen lacks standing to foreclose. Ocwen settled rather than litigate and modified Mr. Hardman’s mortgage, reducing the monthly payments by 50%.www.propertyrightslawgrp.com
yes I did, here in Ca with IndyMac to Deutsche bank, and First Franklin to NDex West LLC, but this was all done in 2011, yet Indymac went away in 2008 HMmmmmmmmmm?
The banksters and their servicers are filing false documents. They apparently are playing the game of “Catch Us If You Can”.
For those who do not LOOK, each piece of paper appears to be a valid maneuver. Many people who stop paying a mortgage believe that the banks are fully entitled to foreclose, simply because they know they are not paying. Well, there was money loaned, yes. But the banksters may have taken insurance and other payments that paid off the debt, or at least cured any current default.
The banksters must follow the letter of the law or they do not have the right to foreclose.
In this case, with usage of assignments after the entity no longer exists, the banksters apparently do not truly have any right to foreclosure. But just identifying this problem will not automatically stop them. You must ultimately get this brought into court. Initial steps can be taken that will delay any sale. But ultimately, I believe this will need to be taken to court because it actually needs a judge to rule to clear this title. (I am not an attorney, mind you.) Yes, they can still attempt to collect a debt based on the fact that you received the loan. But that DEBT COLLECTION does not include the right to foreclose.
Sue the bank before they file a complaint on you! DO NOT WAIT FOR THE BANK TO FILE…when you file a complaint on the grounds of Misrepresentation by a bank “attempting” to be known as the lender, you have the control to ask for proof of ownership of the note…I’m not an attorney, nor do I think you need one. Use this site, all your needs are here cause millions of us have been at this for years now…be clever and as tricky as the banksters lawyers are…use this site!!
You got that right No matter what you think it slows the action down even if you are like me getting deeds to abandoned property.Insist on mediation, the medeator told me I wouldnt get a penny from the bank and the judge looked at me funny with no lawer but I did get a settlement agreement. not for much but then again I never signed the mort.
and by the way live in Florida, where nobody wins
Hi there: Hoping for some guidance for NJ – OK. Read quite a bit on this forum a few years back – copied all my records just in case things got worse…which they did. At that time, there was no assignment to my current lender (Citimortgage) from Flagstar Bank (sold in 2006) in my records. I thought I’d have something to go on. I paid my mtg up until last Aug (2012) and then could no longer afford it with escrow increases. I just got online and there is now a new filing (6/13) of assignment through MERS to Citimortgage (who has been servicing and where I made payments.- 7 years after the fact! it also came to my attention that the orginal loan with Flagstar was robo-signed by Elise McKinnon. I have just received a Noitce of Default and Intent to Foreclose with a dealine to cure the default by 6-27 or acceleration commences. and wondering if I should respond with “producing the note’ inquiry before suit is filed. In the US Bank v. Guillaume case, the question was about whether the actual ‘lender’ was on the notice of default. In my letter, Citimortgage itself, is listing itself as the “Lender” w/address. Is this legit? How could this be correct? Might there be a template available for priducing the note I can send, or should I just wait to file ann answer when served. Thanks so much for any help offered.
n.j. group, http://www.afnetwork.org has a lot of free info. Guillaume was about the lender, but the remedy was to give the banks another bite of the apple an submit another alleged lender on another Notice of Intent. Yet, the banks are still submitting NOI with Servicer as “Lender.” The courts and judges are corrupt throughout N.J. eugenevillarreal@hotmail.com.
A senior House Democrat called on federal regulators to look into the actions of any mortgage servicer that might have benefited by misleading borrowers about federal loan modification programs.
California Rep. Maxine Waters, ranking member of the House Financial Services Committee, sent letters on Tuesday calling for an investigation of Bank of America or any other bank that may have deliberately delayed loan modification applications to force troubled borrowers into foreclosure instead.
She said, according to court documents, that employees reported falsifying records and were told to find ways to delay loan-assistance applications under the Home Affordable Modification Program (HAMP) by requesting paperwork that had already received in an effort “to maximize fees for the bank.”
“The goal of the delay was to ensure that rather than receiving a HAMP modification, the borrower would be foreclosed upon,” Waters wrote.
“It has been noted in numerous studies that foreclosure is often the most profitable end result for a servicer that does not own the loan they are servicing. It goes without saying that this is an outright abuse of consumers and government mortgage assistance programs.”
The letters were sent to Christy Romero, special inspector general for the Troubled Asset Relief Program (SIGTARP), and to the Office of the Comptroller of the Currency (OCC) and the Federal Reserve asking them to investigate how or whether the allegations against Bank of America interact with the Independent Foreclosure Review (IFR) settlement reached between regulators and mortgage servicers in January.
“Bank of America has received $992 million in incentive payments related to HAMP, making them the second largest beneficiary of such payments.” she wrote.
“While that figure pales in comparison to the other TARP funds that the bank has benefited from, I do think it represents a significant amount of assistance from taxpayer.”
The OCC and the Fed reached a settlement with 14 servicers based on a review of their foreclosure practices from 2009 to 2010. The IFR, which was a detailed process designed to determine problems and compensate borrowers, ended with the agreement.
That agreement provided from $300 to $125,000 for each borrower based on the issues encountered.
Read more: http://thehill.com/blogs/on-the-money/banking-financial-institutions/306417-senior-dem-calls-for-investigation-foreclosure-practices#ixzz2WcqQRhDH
Follow us: @thehill on Twitter | TheHill on Facebook
If the laws were actually enforced (which hasn’t happened under Holder), the BofA exec who signed the HAMP agreement, should be indicted for major fraud against the United States. It carries a 30-year sentence. That would stop this nonsense, and other banks employees would be turning states-witness with abandon.
How about the bank execs and AG officials who signed the Consent agreements?
tim, please contact me.gina from pittsburgh.your name is getting around (KEVIN DIGREGORY) YOU HAVE MY E-MAIL OR FACEBOOK.PLEASE VERY IMPORTANT
Property Rights Law Group
See Wells Fargo v. Horwitz, 12 CH 00069 (Circuit Court of Cook County, Rooney, J.), order of 2/5/13. In this case, the lender was The Home Loan Center. In 2012, Wells Fargo foreclosed, basing its claim on an “assignment” in 2007 from itself to itself. (You read that correctly.) On February 5, 2013, Property Rights Law Group defeated Wells Fargo’s motion for summary
judgment by arguing that Wells Fargo has no standing to foreclose, because the “assignment” is obviously absurd and worthless . Now Wells Fargo does not want to admit defeat, but its only remaining option short of a trial (that it would lose) is to file a motion to dismiss. But that is even less likely to succeed, because a motion to dismiss will be granted only if Property Rights Law Group has failed to state any legal claim, and Property Rights Law Group obviously has stated a good one. Wells Fargo’s attorneys can drag this case out for years, but Mr. Horwitz is secure in his home.
File a lawsuit against the bank and Rust! $520 for your home Are they kidding??
The illegal activities are clear and provable…however, when you take these banksters to court and prove the fraud, IT JUST DOESN’T MATTER!!! The Banks are stealing our homes and the courts are allowing it to happen!!! That’s the issue…not that Fraud is there, we ALL know that…it’s that the Judges are facilitating the illegal activities…The Judges could STOP all this activity because that their jobs…Vote Your Judges Out Of Office…Vote your Congress and Senators out…They are all taking $$$ from the banksters so get rid of them and continue suing the banks…the courts are overwhelmed with the millions of lawsuits being filed all saying the same things…FRAUD….kepp suing….don’t short sale and don’t leave your homes…
Good advice! We need to start exposing who’s on the Wall St gravy train.
don”t forget to mention that little detail of the NOTE YOU SIGNED not a copy,I havent found a case yet prior 2011 who could produce.. Forclosure mill gladstone Boca Fla has yet to put me in touch with anybody who has even seen my file.This includes the greenhorn they sent to rep,the bank at my hearing! Maybe they didnt pay him enough to read the file.He told me they sent him in dry.
Anyone have “lender” change sale trustee in a non-judicial state?
My original loan docs had Recon Trust as the Trustee. Quality Loan Servicing was substituted as the Trustee for usage in the FC attempt. Quality, what a joke.
I am in CA which is a non-judicial state.
BTW, have you really read your DOT? In my own, the language specifically states that only the LENDER can perform the substitution. They attempted to use MERS to do it instead.
The DOT was intentionally set up to name a false LENDER. The named lender CORPORATION in the cited state, did not exist. Do you realize this is a VOID loan? Do you realize there can not be any MERS resolution with the named LENDER?
When this gets to the adversarial, we’ll probably see all sorts of motions from the opposition. They like to try all manner of improper cites of case law or statutes to bury attorneys and the judge with having to rule out a whole bunch of their manuvering.
If they are not careful though, with the assignments they already filed, they could have a case on record that will be used in other cases.
It seems you have a case the AG SHOULD be looking at as a significant case. As we discussed I may be reaching another twilight zone level where the questionable sale trustee seems to have dropped out and there is now a revolving door on who will schedule and run the sale.
I believe that I made a mistake of saying Litton Mortgage. I believe I should have stated Litton Loan Servicing, instead. I am not sure if they are related.
It may be tougher without possession to get property back from my general understanding, not legal advice. Still may pursue claims on violations. You can do either a forensic audit to review the loan itself and securitizatoin audit to review loan investor etc. simple version
I’m looking at a service that is arranging for lawyer consultations and discounted lawsuit and foreclosure defense at least compared to what I’ve seen in CA. What state are you in and leave email if you’d like me to conact you.
I am trying to track down my loan file with Litton Mortgage and find out what was in it that determined why and how much money that I was to receive from the Mortgage Settlement. I received a total of $520.00 even though my home was foreclosed and sold at a short sale the same year. Any suggestions?
@ Christina Osborn I wonder if any response at this point from Rust makes sense. From Taibbi article they only reviewed 100,000 files so they can get us relief faster! What a joke! The application was for any point in the foreclosure process I thought. Or am I confusing audits/settlements?
“So how did Chase come out so squeaky clean? Well, it seems they developed quite a rapport with the government-mandated consultants who were hired to review their loan files. This is from that WSJ report:
Two Deloitte employees who performed the review for J.P. Morgan in a Brooklyn office building said workers were encouraged by supervisors to examine pools of loans they knew would be less time-consuming or error-prone as they tried to hit loan quotas.
One of these employees said that at an event last year known in the Brooklyn office as “March Madness,” Deloitte officials encouraged reviewers to avoid problematic loans originated by EMC Mortgage, a troubled mortgage lender J.P. Morgan acquired in 2008.
So basically Chase allegedly warned the consultants off their problem loans and incentivized the consultants to examine the less-fucked-up loans. Employees of another of Chase’s auditors, Promontory, were reportedly given gift cards of up to $500 for “completing a certain number of files quickly.”
The whole thing was a joke. Government orders banks to hire auditors to investigate robosigning, then banks induce said auditors to robosign the investigation! Because that’s exactly what that would mean, if there were financial incentives to finish masses of files quickly. It’s horrible, obviously, but on another level, it’s so ingeniously corrupt, one almost has to tip a cap to whoever thought of it.”
http://www.rollingstone.com/politics/blogs/taibblog/while-wronged-homeowners-got-300-apiece-in-foreclosure-settlement-consultants-who-helped-protect-banks-got-2-billion-20130426#ixzz2WLsqG66f
It could be because Chase did a lot of ‘merging’ some of their off-shoot companies into one. Chase Home Finance LLC litterally does not exist any longer as they merged back last year. The only reason I know is because my foreclosure with Chase had a filing to ‘substitute of party plaintiff’ at that time. Owners of credit cards will monitor your credit several times a year to make sure that a credit card holder is not going down the tube, esp. if there is a pending foreclosure.
Interesting. Sounds like more of the manipulation of the “Chase” brand name against us and the government. I wonder if that’s how they had a point something, as in 0.something, error rate for the review while HUD had a 90 plus error pct for a sample on them. I’ve tried to get a straight answer on Chase Bank USA for years and finally got an answer from Nolan deposition on here where employee states they were the sub prime arm of Chase while at the same not “Chase”? Rolling Stone/Taibbi report should be re-read and complaints filed to support Sen. Warren’s questions and to get the criminal evidence that the OCC and Fed are covering up.
@ Christina Osborn: how do you know that the inquiry was related to a mortgage? Was it a soft inquiry or a hard inquiry? Soft inquiries are done by lenders for possible credit card ofers. Just because there is an inqury from Chase does not necessarily mean it had anything to do with the WaMu loan. They could have just been trhying to establish a source of their credit card division.
I don’t know if the inquiry was related to the mortgage, that’s the mystery. I don’t know if the inquiry is a soft or hard inquiry. I do know there was an existing Chase credit card, and not applying for a new one. Just trying to figure out why there would be an inquiry from “Chase HOME FINANCE” that shows a different address than the Chase credit card division when the mortgage was not with Chase HOME FINANCE. If Chase was trying to establish a ‘source of their credit card division’ then why wasn’t the inquiry requested by the credit card division instead of the Home Finance division?
Interesting post from Neil Garfield.
“Editor’s Note: Some banks are slowing foreclosures and evictions. The reason is that the OCC issued a directive or letter of guidance that lays out in brief simplistic language what a party must do before they can foreclose. There can be little doubt that none of the banks are in compliance with this directive although Bank of America is clearly taking the position that they are in compliance or that it doesn’t matter whether they are in compliance or not.
In April the OCC, responding to pressure from virtually everyone, issued a guidance letter to financial institutions who are part of the foreclosure process. While not a rule a regulation, it is an interpretation of the Agency’s own rules and regulation and therefore, in my opinion, is both persuasive and authoritative.
These 13 questions published by OCC should be used defensively if you suspect violation and they are rightfully the subject of discovery. Use the wording from the letter rather than your own — since the attorneys for the banks will pounce on any nuance that appears to be different than this guidance issued to the banks.”
snip more at http://timothymccandless.wordpress.com/2013/06/13/occ-minimum-standards-handling-borrower-foreclosure-files/
I have raised this issue with my elected officials as to the mission of the OCC and this seems to reinforce we should all be questioning the OCC and all the agencies and officials as to their role and function as well as being focused on our individual cases.
Have a mystery I’m trying to solve….why would Chase Home Finance do a ‘credit inquiry’ on a WaMu loan in 2007? Borrower never did business with Chase Home Finance nor were they attempting to do business with Chase Home Finance. The address/telephone listed on credit report for Chase Home Finance has been changed/disconnected. My thoughts….Chase was looking for/identifying potential ‘future’ foreclosures once the WaMu/JP Morgan Chase take-over went through in 2008….
I have a similar situation. Can I contact you?
Sure…. caosborndesign@hotmail.com
Thanks!
Im looking for a depositon for Joyce Nelson, or Noriko Colston
The Administration has allowed the O.C.C. and the banks to embezzle 90 billion dollars of hard cash. The President has set an example for our children to follow, that it is OK to committ Fraud.
you’re right! we’ve successfully groomed a generation to believe that if you cheat, you will get ahead.
I had files bankruptcy back in 2011. In the bankruptcy I had included the house which orig was a FHA loan but I refinanced it a few years later but on a conventional loan not being under HUD thru the years it went thru a few mortgage lenders thus ending up thru BOA assumed from bankrupt lender. The house had finely went thru foreclose proceedings in March this year now they are listing it as a HUD Foreclosure Is this a fraudulent proceeding that the bank claimed this was a FHA HUD loan.Please advise so I can proceed with a fraud report.
Out of curiosity — how many of you have a Freddie/Fannie loan, have defaulted, and have not been served? How long has it been since your last payment? If you were served, how long did it take? Don’t want to poke the beast but I just read the following in the Federal Reserve Advisory Council’s minutes from May 17:
“One member expresses concern that Fannie Mae, Freddie Mac, and others continue to hold a significant number of underperforming loans and are not taking foreclosure actions. This is skewing the positive market-condition data and creating a potential future challenge.”
source: http://www.scribd.com/doc/144964596/fac-20130517 (page 4, item1, sectionH)
I am trying to get a time frame — our (not yet retained) lawyer said it could take as many as 12 months before we are served. I’ve reached out to my senators (yes I know there is little/nothing they can do), but like I said I am afraid to poke the beast so I’ve not followed through with their requests for permission to negotiate with the bank on our behalf (and I know the only thing they’ll do is *try* to get us a modification). All this waiting is really hurting me — trouble sleeping, chronic stomach pain.. whenever someone comes to the door I panic 🙁
If there’s anyone else out there with a Fannie/Freddie loan who is in the same boat I’d love to know how long it’s been since your last payment and whether you’ve yet been served
US Courts published the below
THIRD BRANCH NEWS
uscourts.gov | court locator | news
——————————————————————————–
Law Day Helps Students Understand Equality for All
Throughout May, federal courts brought students together under the umbrella of this year’s Law Day theme, “Realizing the Dream: Equality for All.” In urban courtrooms in Pennsylvania, a suburban school auditorium in Minnesota, and under a blue sky in California’s Yosemite Valley students from elementary, middle, and high schools participated in experiences designed to heighten their awareness of the justice system.
ha ha ha who they fooling? themselves
@ Christinea Osborn: There is a site called ‘whatsignature’ that has some method for documents to be uploaded and shared. Check out posting documents there. Documents can have only the signature page uploaded.
Thanks for the info. One of the signatures on the Affidavit from the Illegal Foreclosure of my home is listed on this site as well as others. However, there are a couple more names/signatures that I am searching; Robert Martins, Specialist and Julie Mathis, Vice President (WaMu), Lorrie A. Anderson (WaMu notary FL) and Travis Anderson (WaMu – FL). If anyone has seen names listed on any other sites, would appreciate any info you can provide. Thanks!
Does anyone know how or who to contact to get the list of employees (robosigners) that were employed by LPS (Lender Processing Service) and Lorraine Brown? I have contacted the FBI office that was involved with indicting Lorraine Brown, but to no avail. Suggestions?
Iowa Attorney General-Lead Office of the Executive Committee here is VIDEO ON CALL
http://youtu.be/7BmbJycBROc
After being provided inconsistent information by Rust Consulting and many, many Attorney General offices, among other government offices, we went to the “lead” Iowa AG office (AG Tom Miller-Iowa) who is on the Executive Committee for the NMS and is suppose to be overseeing Rust Consulting. The Executive Committee was the best kept secret in this entire search for information! Other than the notation on the bottom of the NMS website, there was nothing more provided who was on this committee.
Keeping track, providing accurate information, explaining what is occurring and being transparent should be a priority to the so called “ghost committee”. After all, the 49 AG’s negotiated this settlement on “borrowers” behalves and shouldn’t they be assuring them what they did was in their best interest? That was to be the Executive Committee’s job but did they, are they and will they do the right thing and come up with explanations: why dates change, why dates on AG websites posted as June are not on the NMS website that the Executive Committee controls? Shouldn’t the Executive Committee know if claimants will receive interest on the 1.5 billion, where the number 750,000 eligible borrowers came from, why it is not considered a conflict that Rust Consulting was handed a billion dollar contract to be the Administrator when they are in bed with Citi? This was the most sickening conversation and one we hope everyone will interpret as “protecting” Wall St, the Banks and all the loan servicers who stole homes from the American People.
Warning: Content will be upsetting and we apologize if you lose your breakfast, lunch or dinner. PLEASE FORWARD THIS LINK and message and make this video go viral. Transparency is needed and there could not be a better time! Thank you everyone for your support and most of all our thoughts and prayers goes out to those who had their homes stolen and are trying to get through just one day without more salt being poured in the wounds. After all, borrowers are suppose to be “Thankful” for this small token called a settlement in lieu of the loss of their homes. Kind of hard to muster up thanks when it could have been avoided and the Banks were not prosecuted for illegal foreclosures. Very dark day in this country when homes can be stolen and the responsible parties can buy their way out of prosecution. Why doesn’t that apply to everyone else who breaks the law?! Sen. Warren had that right! To BIG to go to Trial!
God Bless!
I’m not so concerned about the date, what concerns me is that JP Morgan Chase (WaMu loan) DID NOT report the ILLEGAL foreclosure (2009) of my home (over 20 years), even though the Indiana Attorney General’s Office assured me in writing last year that I had done all I needed to do to be included in this settlement when I filed all my complaints with them and others.
I filed another complaint with the Indiana Attorney General’s Office. JP Morgan Chase answered my new complaint with a demand that I fill out and sign a MORTGAGE TRANSFER AGREEMENT as well as provide a copy of my husband’s death certificate (only husband was the borrower, though I was listed as a Deed holder) before they would answer any questions. I have no problem providing the death certificate, but WHY would I sign documents that would transfer a Mortgage, Note AND Debt into my name on a home that was ILLEGALLY FORECLOSED (2009) and SOLD by Freddie Mac (2012)?? I’m still waiting for the Indiana Attorney General’s Office to get back to me on my complaint.
additional comment on earlier posting: Rust Consulting/JP Morgan Representative was provided a copy of my husband’s Death Certificate last year.
UPDATE: After contacting Mr. Tom Miller’s (Iowa Attorney General) office to inquire why the Illegal foreclosure of my home was not reported by JP Morgan Chase to be included in the National Mortgage Settlement. I was informed that even though the Illegal Foreclosure was initiated in December 2009, and JP Morgan Chase was granted Bankruptcy Judgment in November 2010, and JP Morgan Chase filed a Relief of Stay/Sheriff Sale date in December 2011, BECA– USE JP Morgan didn’t actually sell the home to Freddie Mac UNTIL February 7, 2012, JP Morgan Chase was permitted to not report/submit this Illegal Foreclosure by the Rules/Guidelines of the National Mortgage Settlement. Wondering how many other Illegal Foreclosures were omitted due to this particular Rule?
@Christina, It looks to me like they do not have any consistent rules for who gets even a tiny payment. I started my fight during 2009. Robosigned or otherwise improper documents have been recorded in 2005, 2009, 2010 and 2012. I’m still in the house. I was one of those who got two checks out of Rust because they cut the first one for $1K and were supposed to pay a little more. My fight involves Litton (which is now owned by OCWEN). The money did not defray my attorneys fees to date and the title is still clouded by their filings.
I’m still in the fight over my house. So, I can not see how you did not qualify for payment while I did.
In an email received yesterday from the Indiana Attorney General’s Office concerning the National Mortgage Settlement….it stated…They have advised: “Later this Summer, notice will be sent to an additional 31,000 consumers whose information was just recently provided by two different servicers, and thus they could not be included in this distribution.” One of the two servicers is Chase.
The administrator will be adding the new property addresses to their database. Their number is 866-430-8358.
Now will see if the ILLEGAL Foreclosure of my home has been reported/submitted this time by JP Morgan Chase….
Once again, Rust Consulting tells me that because the home was SOLD after the deadline of December 31, 2012, this ILLEGAL Foreclosure does not qualify to be included in the NMS even though JP Morgan Chase initiated this ILLEGAL foreclosure in December 2009. Since JP Morgan Chase was ‘successful’ in not ‘establishing due diligence’ in pursuing their claim of foreclosure, in other words…doing absolutely nothing until December 2011, when they filed the Sheriff sale date and the Relief of Stay Motion with the Court. By delaying the Sheriff Sale for 38 days, JP Morgan Chase has avoided submitting/reporting this ILLEGAL Foreclosure to the NMS!!! How many other homeowners has this also occurred? Per Rust Consulting, this is not the only case….
@ Hell No….what state did your foreclosure occur?
Does anyone know if there is going to be settlement opportunities similar to the NMS for foreclosures that took place after 12/31/2011. BoA postponed my foreclosure 3 times and it finally happened in March 2012. Although I disagree with the amount I received from the foreclosure review board and am addressing issues with BoA, I don’t qualify for the NMS due to the foreclosure date. Also can anyone advise me on tactics to get around the “he said she said” problem. I have notes of discussions that includes a name, date, and time but BoA says they have no record of the conversations. Thanks much!
Does anyone have HAMP guidelines from 2009, or anything from PNC or anywhere from 2009*-2010 that the servicers were suppose to repair borrowers credit reports after borrower was granted modification? I am looking for this documentation for my lawsuit. Thanks,
Tortelli…If you haven’t been to this site yet….It’s a great site for information and everyone is Very Helpful… http://foreclosurevictims.freeforums.org/
@tortelli,
What you are lookin for is the FAIR CREDIT REPORTING ACT (FCRA). Make sure you state in your complaint that you disputed with a credit reporting agency and state a claim. This is not legal advice and I am not a lawyer. I have filed lawsuit against PNC also.
Occupy Justice Department: Foreclosed Homeowners Arrested Protesting U.S. Refusal To Prosecute Big Banks
WASHINGTON — Owners of foreclosed houses were arrested during a protest outside Justice Department headquarters Monday, where they demonstrated against prosecutors’ failure to take legal action against bankers.
Seventeen former homeowners were arrested, according to Washington police. The demonstrators were seized outside the Justice Department building as they sat in groups behind a police barrier, singing protest songs largely invoking language from the Occupy Wall Street. They blocked traffic in front of the Robert F. Kennedy building beginning at 2 p.m. Five hours later, Constitution Avenue remained blocked from 9th Street to 10th Street. Many of the protesters who were not arrested had set up tents outside the building and said they planned to spend the night.
Those arrested were charged with “incommoding,” or obstructing traffic, according to Ann C. Wilcox, a lawyer representing the protesters.
The protest was organized, in part, by Occupy Homes, a grassroots organization that grew out of the Occupy Wall Street demonstration to support homeowners facing foreclosure. Other grassroots organizations, including coalitions from as far as Washington state, California and Florida, also joined.
No Justice Department officials come outside to acknowledge the protesters. A department spokesman wasn’t available for comment after business hours.
“We want our attorney general, Eric Holder, to bring some accountability from the banks and put them in jail,” said Vivian Richardson, 62, of San Francisco, whose home was foreclosed in 2010. Richardson fought against the banks to win back her house with the help of Alliance of Californians for Community Empowerment and other community-based organizations.
Nearly a third of all foreclosed borrowers who faced foreclosure proceedings brought by the biggest U.S. mortgage companies came to the brink of losing their homes due to potential bank errors or now-banned practices, according to a study from bank regulators published in April.
Many homeowners who successfully fought banks have received compensation checks far below the value of the homes they lost.
Eric Krasner’s home in Frederick, Md., was foreclosed on in 2010 after he had filed for bankruptcy. Krasner, 52, now living in Atlanta, battled banks for years before winning compensation. He said his fight revealed disorganization distribution by federal regulators of a $9.2 billion settlement with mortgage companies over improper foreclosures.
“When they said, ‘Oh we’re going to do this settlement, but it’s taking so long we’re not even going to look at your files,’ I started calling my elected officials looking for answers,” Krasner told The Huffington Post. “How are they going to determine how much pay us … if they’re not going to even look at our” files?
Krasner figured he was owed $62,000 from the settlement, but when his check came, he received only $2,000. Many in his situation received as little as $300 in compensation. “Until Eric Holder does his job and puts bankers in jail, this is going to continue,” Krasner said.
“Banks were bailed out when they needed help … and they’re not giving back like they were supposed to,” said Richardson, echoing the anger toward the big banks that received billions in 2008 and 2009 to help keep them afloat after the economy soured.
That “too big to fail” and “too big to jail” feeling has recently been taken on by the Democratically controlled Senate.
In March, the Senate voted 99-0 in favor of a non-binding budget amendment, introduced by Sens. David Vitter (R-La.) and Sherrod Brown (D-Ohio), to eliminate subsidies or funding advantages for Wall Street banks with more than $500 billion in assets. However, as it is a non-binding amendment, and it was attached to the Senate budget never taken up by the Republican-controlled House, which passed the budget introduced by Rep. Paul Ryan (R-Wis.) earlier that month.
In early March, Holder told the Senate Judiciary Committee that some banks are in fact too big to prosecute because doing so “will have a negative impact on the national economy, perhaps even the world economy.” Last week, Holder tried to roll back his earlier statement, telling a House Judiciary Committee that there is ” no institution … who cannot be investigated and prosecuted by the United States Department of Justice.”
This article has been updated to include the charge against those who were arrested.
http://www.huffingtonpost.com/2013/05/2 … 09305.html
When will the madness stop? Records of court cases throughout our nation shows that banks are being rewarded with mortgage notes not owned by wholesale judicial nullification of the Uniform Commercial Code. Despite the clear mandates that specify precisely how ownership interests in mortgage notes are sold or otherwise transferred, cases are being resolved in favor of banks without application of the UCC.
No string of cases is more indicative of this than those involving former Washington Mutual Bank, the Federal Deposit Insurance Corporation and JPMorgan Chase Bank. Court records show that Chase Bank, with the full cooperation and assistance of courts, are fraudulently enforcing mortgage notes that were originated by WAMU. The Purchase and Assumption Agreement, Article III, Section 3.3, specifies that all notes purchased by Chase from the FDIC be evidenced by either a (no warranty) “Receiver’s Deed” or a “Receiver’s Bill of Sale”. Yet, Courts deciding standing in favor of Chase Bank, has relieved Chase from having not only having to produced the just described instruments, but also without having to produce the original mortgage instruments. This has shown to be pervasive throughout the United States in both state and federal courts. See Ronald Williams et al. vs. JPMorgan Chase Bank et al., USDC Nev. No. 2:10-cv-00118 PMP-PAL, USDCA, 9th Cir. No. 10-16102, USSC No. 12-159.
The above cited are our cases from the district court to the United States Supreme Court. The records show that the UCC simply was not applied and enforced as to the question whether Chase Bank had standing to enforce our mortgage note as originated by former Washington Mutual Bank. We are at 702 270-9937. Our case is a posture child of just what ails our system of justice as it pertains to fraud being perpetrated by banks against mortgage notes
good catch, Ronald
http://www.nationalwamuhomeownerssupportgroup.com
I have been trying to get WF to remove derogatory information from my credit report. The office of executive complaints called me and told me that their findings was that they were not in the wrong. My payment back in 2008 did not make to them in time to post it, even though the forebearance stated that I could get it in on or before the due date. She told me that they received it on the day scheduled but it couldn’t be posted the same day it arrived. She said foreclosure was already in place before the check go there and that they just continued to process the foreclosure further. WF will not be removing anything from my credit report at this time. Believe me, I will not give up. This is just one obstacle. I am going around it and we all will win this fight. There is a loophole somewhere in this and I will definitely find it.
According to the Missouri AG office website “Missourians who have been foreclosed upon are eligible to receive roughly $2,000 each, up to about $31 million. Nationwide, $1.5 billion will be distributed to some 750,000 borrowers”
This is for the national mortgage settlement.
http://ago.mo.gov/mortgageSettlementInfo.htm
Youtube Video Rust Consulting Take 2
http://youtu.be/KE2QduGE0vo
This is a new video with the same old script. I made it to show the first call was not some poor misguided Rust employee misstating information.
I have also sent the video to the AG offices to show this is going on day in and day out and unless they ask some very direct answers we will all be left in dark settling for crumbs.
Rust Consulting needs to be held accountable and I for one am sick and tired of the Banks having control over our destiny. They control Rust…no doubt about it! AG offices in the dark as is the Banking Committee. I hope Senator Warren gives them hell!
Please feel free to pass it on, post it wherever you can!
Like the picture in the video…kind of how I picture their executives lol
Here’s the latest about HAMP Fraud. This should give us hope that our application for IFR was based on our collective experiences before were were ripped off by the criminal servicers. Everything we said was true. Just read this 56-page complaint or the highlighted parts, the check the new site for us at nakedcapitalism.com. We have to stick together and never, ever give up. We will fight those criminals.
Here’s the link:
http://www.documentcloud.org/documents/324428-greg-mackler-complaint.html
http://www.scribd.com/doc/138437875/Rust-Consulting-Inc-GSA-520-Contract
You might all want to see what Rust Consulting is making on this deal. Here is the contract!
http://www.youtube.com/watch?v=_j8JXsoRfRc&feature=youtu.be
I got a call this morning from the press secretary for the AG office about the video I sent to all the AG offices. Office of the Controller, Government Accountability office and then some. There is a hearing/meeting with Rust Executives..Parks and Holland. They are asking why Rust cannot provide “us” with answers and why they are referring callers back to AG offices when Rust is the only source of accurate information as the administrator. I gave them permission to use my name just in case there is any kind of retaliation by Rust in delaying my payment for going after them. Does sit on the back of my mind that these people are capable of doing anything to get their way.
I was so fricking happy to read your posting after I got the call. There were some very nasty postings on youtube about the video, we assume it was Rust Consulting people. YouTube promptly removed and blocked the posters.
More than 500 people have viewed the video and every AG office of every state was sent the link. God…I pray we have opened some eyes and answers come with a big fat check for all of us!
Thank you, thank you and thank you to everyone for getting us out there. We have been so humbled by our experiences and loss, so I hope in the end we “show them” enough is enough and we are not going to “take it anymore”.
I am working on another video to take place after the meeting to see if anything has changed with their call center. I think we have to keep on top of them no matter the outcome of this hearing/meeting.
Hugs to all of you!
Great info everybody!
I seem to have every flavor of Chase on my loan and my PREVIOUS loan that was paid off to…Chase..one of it’s many tentacles. They went from being the administrative servicer, to the NEW original lender to now being the investor. And still won’t answer why BofA was still in “my” MERS records although I did not have a MERS loan for at least two years and then why a NEW MERS record was created with a date two years before it existed and AFTER Jamie Dimon had disavowed Chase from MERS. Even WaMu is being referred to regarding this loan after it reared it’s ugly head on my credit report in 2005 putting me into my PREVIOUS predatory loan where I ended up with a HIGH payment. So I never got the “benefit” of the EVIL sub prime low payment loan.
Another good stat I’ve heard was that the COMPLETE value of the TOTAL sub prime market was $1 trillion. So why did Wall St need to get bailed out with 15-20 x that amount. It gets astronomical if the default amounts of these loans were only a fraction of the total trillion.
It’s great we have these stories, movies but the “non-profits”, political action groups are going along with the same emotional, morality approach that has been used against us to treat us like deadbeats and second class citizens.
We need to unite and demand that OUR representatives, at every level, make sure these thieves pay us back or they are accessories to these CRIMES and TRAITORS to our country. Otherwise these numbers are out there stuck in cyber space or buried in page 100 of the Business sections.
One of my points I missed was that in terms of stories etc I feel we should be more direct and not go along w/ the language they’ve used against such as “too big to fail” but start usig language such as monopolies, anti trust and theft of our community and nation’s wealth.
What would happen if the Federal Reserve was shut down permanently? That is a question that CNBC asked recently, but unfortunately most Americans don’t really think about the Fed much.
Most Americans are content with believing that the Federal Reserve is just another stuffy government agency that sets our interest rates and that is watching out for the best interests of the American people. But that is not the case at all.
The truth is that the Federal Reserve is a private banking cartel that has been designed to systematically destroy the value of our currency, drain the wealth of the American public and enslave the federal government to perpetually expanding debt.
During this election year, the economy is the number one issue that voters are concerned about. But instead of endlessly blaming both political parties, the truth is that most of the blame should be placed at the feet of the Federal Reserve.
The Federal Reserve has more power over the performance of the U.S. economy than anyone else does. The Federal Reserve controls the money supply, the Federal Reserve sets the interest rates and the Federal Reserve hands out bailouts to the big banks that absolutely dwarf anything that Congress ever did.
If the American people are ever going to learn what is really going on with our economy, then it is absolutely imperative that they get educated about the Federal Reserve.
The following are 10 things that every American should know about the Federal Reserve….
#1 The Federal Reserve System Is A Privately Owned Banking Cartel
The Federal Reserve is not a government agency.
The truth is that it is a privately owned central bank. It is owned by the banks that are members of the Federal Reserve system. We do not know how much of the system each bank owns, because that has never been disclosed to the American people.
The Federal Reserve openly admits that it is privately owned. When it was defending itself against a Bloomberg request for information under the Freedom of Information Act, the Federal Reserve stated unequivocally in court that it was “not an agency” of the federal government and therefore not subject to the Freedom of Information Act.
In fact, if you want to find out that the Federal Reserve system is owned by the member banks, all you have to do is go to the Federal Reserve website….
The twelve regional Federal Reserve Banks, which were established by Congress as the operating arms of the nation’s central banking system, are organized much like private corporations–possibly leading to some confusion about “ownership.” For example, the Reserve Banks issue shares of stock to member banks. However, owning Reserve Bank stock is quite different from owning stock in a private company. The Reserve Banks are not operated for profit, and ownership of a certain amount of stock is, by law, a condition of membership in the System. The stock may not be sold, traded, or pledged as security for a loan; dividends are, by law, 6 percent per year.
Foreign governments and foreign banks do own significant ownership interests in the member banks that own the Federal Reserve system. So it would be accurate to say that the Federal Reserve is partially foreign-owned.
But until the exact ownership shares of the Federal Reserve are revealed, we will never know to what extent the Fed is foreign-owned.
#2 The Federal Reserve System Is A Perpetual Debt Machine
As long as the Federal Reserve System exists, U.S. government debt will continue to go up and up and up.
This runs contrary to the conventional wisdom that Democrats and Republicans would have us believe, but unfortunately it is true.
The way our system works, whenever more money is created more debt is created as well.
For example, whenever the U.S. government wants to spend more money than it takes in (which happens constantly), it has to go ask the Federal Reserve for it. The federal government gives U.S. Treasury bonds to the Federal Reserve, and the Federal Reserve gives the U.S. government “Federal Reserve Notes” in return. Usually this is just done electronically.
So where does the Federal Reserve get the Federal Reserve Notes?
It just creates them out of thin air.
Wouldn’t you like to be able to create money out of thin air?
Instead of issuing money directly, the U.S. government lets the Federal Reserve create it out of thin air and then the U.S. government borrows it.
Talk about stupid.
When this new debt is created, the amount of interest that the U.S. government will eventually pay on that debt is not also created.
So where will that money come from?
Well, eventually the U.S. government will have to go back to the Federal Reserve to get even more money to finance the ever expanding debt that it has gotten itself trapped into.
It is a debt spiral that is designed to go on perpetually.
You see, the reality is that the money supply is designed to constantly expand under the Federal Reserve system. That is why we have all become accustomed to thinking of inflation as “normal”.
So what does the Federal Reserve do with the U.S. Treasury bonds that it gets from the U.S. government?
Well, it sells them off to others. There are lots of people out there that have made a ton of money by holding U.S. government debt.
In fiscal 2011, the U.S. government paid out 454 billion dollars just in interest on the national debt.
That is 454 billion dollars that was taken out of our pockets and put into the pockets of wealthy individuals and foreign governments around the globe.
The truth is that our current debt-based monetary system was designed by greedy bankers that wanted to make enormous profits by using the Federal Reserve as a tool to create money out of thin air and lend it to the U.S. government at interest.
And that plan is working quite well.
Most Americans today don’t understand how any of this works, but many prominent Americans in the past did understand it.
For example, Thomas Edison was once quoted in the New York Times as saying the following….
That is to say, under the old way any time we wish to add to the national wealth we are compelled to add to the national debt.
Now, that is what Henry Ford wants to prevent. He thinks it is stupid, and so do I, that for the loan of $30,000,000 of their own money the people of the United States should be compelled to pay $66,000,000 — that is what it amounts to, with interest. People who will not turn a shovelful of dirt nor contribute a pound of material will collect more money from the United States than will the people who supply the material and do the work. That is the terrible thing about interest. In all our great bond issues the interest is always greater than the principal. All of the great public works cost more than twice the actual cost, on that account. Under the present system of doing business we simply add 120 to 150 per cent, to the stated cost.
But here is the point: If our nation can issue a dollar bond, it can issue a dollar bill. The element that makes the bond good makes the bill good.
We should have listened to men like Edison and Ford.
But we didn’t.
And so we pay the price.
On July 1, 1914 (a few months after the Fed was created) the U.S. national debt was 2.9 billion dollars.
Today, it is more than more than 5000 times larger.
Yes, the perpetual debt machine is working quite well, and most Americans do not even realize what is happening.
#3 The Federal Reserve Has Destroyed More Than 96% Of The Value Of The U.S. Dollar
Did you know that the U.S. dollar has lost 96.2 percent of its value since 1900? Of course almost all of that decline has happened since the Federal Reserve was created in 1913.
Because the money supply is designed to expand constantly, it is guaranteed that all of our dollars will constantly lose value.
Inflation is a “hidden tax” that continually robs us all of our wealth. The Federal Reserve always says that it is “committed” to controlling inflation, but that never seems to work out so well.
And current Federal Reserve Chairman Ben Bernanke says that it is actually a good thing to have a little bit of inflation. He plans to try to keep the inflation rate at about 2 percent in the coming years.
So what is so bad about 2 percent? That doesn’t sound so bad, does it?
Well, just consider the following excerpt from a recent Forbes article….
The Federal Reserve Open Market Committee (FOMC) has made it official: After its latest two day meeting, it announced its goal to devalue the dollar by 33% over the next 20 years. The debauch of the dollar will be even greater if the Fed exceeds its goal of a 2 percent per year increase in the price level.
#4 The Federal Reserve Can Bail Out Whoever It Wants To With No Accountability
The American people got so upset about the bailouts that Congress gave to the Wall Street banks and to the big automakers, but did you know that the biggest bailouts of all were given out by the Federal Reserve?
Thanks to a very limited audit of the Federal Reserve that Congress approved a while back, we learned that the Fed made trillions of dollars in secret bailout loans to the big Wall Street banks during the last financial crisis. They even secretly loaned out hundreds of billions of dollars to foreign banks.
According to the results of the limited Fed audit mentioned above, a total of $16.1 trillion in secret loans were made by the Federal Reserve between December 1, 2007 and July 21, 2010.
The following is a list of loan recipients that was taken directly from page 131 of the audit report….
Citigroup – $2.513 trillion
Morgan Stanley – $2.041 trillion
Merrill Lynch – $1.949 trillion
Bank of America – $1.344 trillion
Barclays PLC – $868 billion
Bear Sterns – $853 billion
Goldman Sachs – $814 billion
Royal Bank of Scotland – $541 billion
JP Morgan Chase – $391 billion
Deutsche Bank – $354 billion
UBS – $287 billion
Credit Suisse – $262 billion
Lehman Brothers – $183 billion
Bank of Scotland – $181 billion
BNP Paribas – $175 billion
Wells Fargo – $159 billion
Dexia – $159 billion
Wachovia – $142 billion
Dresdner Bank – $135 billion
Societe Generale – $124 billion
“All Other Borrowers” – $2.639 trillion
So why haven’t we heard more about this?
This is scandalous.
In addition, it turns out that the Fed paid enormous sums of money to the big Wall Street banks to help “administer” these nearly interest-free loans….
Not only did the Federal Reserve give 16.1 trillion dollars in nearly interest-free loans to the “too big to fail” banks, the Fed also paid them over 600 million dollars to help run the emergency lending program. According to the GAO, the Federal Reserve shelled out an astounding $659.4 million in “fees” to the very financial institutions which caused the financial crisis in the first place.
Does reading that make you angry?
It should.
#5 The Federal Reserve Is Paying Banks Not To Lend Money
Did you know that the Federal Reserve is actually paying banks not to make loans?
It is true.
Section 128 of the Emergency Economic Stabilization Act of 2008 allows the Federal Reserve to pay interest on “excess reserves” that U.S. banks park at the Fed.
So the banks can just send their cash to the Fed and watch the money come rolling in risk-free.
So are many banks taking advantage of this?
You tell me. Just check out the chart below. The amount of “excess reserves” parked at the Fed has gone from nearly nothing to about 1.5 trillion dollars since 2008….
But shouldn’t the banks be lending the money to us so that we can start businesses and buy homes?
You would think that is how it is supposed to work.
Unfortunately, the Federal Reserve is not working for us.
The Federal Reserve is working for the big banks.
Sadly, most Americans have no idea what is going on.
Another example of this is the government debt carry trade.
Here is how it works. The Federal Reserve lends gigantic piles of nearly interest-free cash to the big Wall Street banks, and in turn those banks use the money to buy up huge amounts of government debt. Since the return on government debt is higher, the banks are able to make large profits very easily and with very little risk.
This scam was also explained in a recent article in the Guardian….
Consider this: we pretend that banks are private businesses that should be allowed to run their own affairs. But they are the biggest scroungers of public money of our time. Banks are lent vast sums of money by central banks at near-zero interest. They lend that money to us or back to the government at higher rates and rake in the difference by the billion. They don’t even have to make clever investments to make huge profits.
That is a pretty good little scam they have got going, wouldn’t you say?
#6 The Federal Reserve Creates Artificial Economic Bubbles That Are Extremely Damaging
By allowing a centralized authority such as the Federal Reserve to dictate interest rates, it creates an environment where financial bubbles can be created very easily.
Over the past several decades, we have seen bubble after bubble. Most of these have been the result of the Federal Reserve keeping interest rates artificially low. If the free market had been setting interest rates all this time, things would have never gotten so far out of hand.
For example, the housing crash would have never been so horrific if the Federal Reserve had not created such ideal conditions for a housing bubble in the first place. But we allow the Fed to continue to make the same mistakes.
Right now, the Federal Reserve continues to set interest rates much, much lower than they should be. This is causing a tremendous misallocation of economic resources, and there will be massive consequences for that down the line.
#7 The Federal Reserve System Is Dominated By The Big Wall Street Banks
Even since it was created, the Federal Reserve system has been dominated by the big Wall Street banks.
The following is from a previous article that I did about the Fed….
The New York representative is the only permanent member of the Federal Open Market Committee, while other regional banks rotate in 2 and 3 year intervals. The former head of the New York Fed, Timothy Geithner, is now U.S. Treasury Secretary. The truth is that the Federal Reserve Bank of New York has always been the most important of the regional Fed banks by far, and in turn the Federal Reserve Bank of New York has always been dominated by Wall Street and the major New York banks.
#8 It Is Not An Accident That We Saw The Personal Income Tax And The Federal Reserve System Both Come Into Existence In 1913
On February 3rd, 1913 the 16th Amendment to the U.S. Constitution was ratified. Later that year, the United States Revenue Act of 1913 imposed a personal income tax on the American people and we have had one ever since.
Without a personal income tax, it is hard to have a central bank. It takes a lot of money to finance all of the government debt that a central banking system creates.
It is no accident that the 16th Amendment was ratified in 1913 and the Federal Reserve system was also created in 1913.
They have a symbiotic relationship and they are designed to work together.
We could fill Congress with people that are committed to ending this oppressive system, but so far we have chosen not to do that.
So our children and our grandchildren will face a lifetime of debt slavery because of us.
I am sure they will be thankful for that.
#9 The Current Federal Reserve Chairman, Ben Bernanke, Has A Nightmarish Track Record Of Incompetence
The mainstream media portrays Federal Reserve Chairman Ben Bernanke as a brilliant economist, but is that really the case?
Let’s go to the videotape.
The following is an extended excerpt from an article that I published previously….
———-
In 2005, Bernanke said that we shouldn’t worry because housing prices had never declined on a nationwide basis before and he said that he believed that the U.S. would continue to experience close to “full employment”….
“We’ve never had a decline in house prices on a nationwide basis. So, what I think what is more likely is that house prices will slow, maybe stabilize, might slow consumption spending a bit. I don’t think it’s gonna drive the economy too far from its full employment path, though.”
In 2005, Bernanke also said that he believed that derivatives were perfectly safe and posed no danger to financial markets….
“With respect to their safety, derivatives, for the most part, are traded among very sophisticated financial institutions and individuals who have considerable incentive to understand them and to use them properly.”
In 2006, Bernanke said that housing prices would probably keep rising….
“Housing markets are cooling a bit. Our expectation is that the decline in activity or the slowing in activity will be moderate, that house prices will probably continue to rise.”
In 2007, Bernanke insisted that there was not a problem with subprime mortgages….
“At this juncture, however, the impact on the broader economy and financial markets of the problems in the subprime market seems likely to be contained. In particular, mortgages to prime borrowers and fixed-rate mortgages to all classes of borrowers continue to perform well, with low rates of delinquency.”
In 2008, Bernanke said that a recession was not coming….
“The Federal Reserve is not currently forecasting a recession.”
A few months before Fannie Mae and Freddie Mac collapsed, Bernanke insisted that they were totally secure….
“The GSEs are adequately capitalized. They are in no danger of failing.”
For many more examples that demonstrate the absolutely nightmarish track record of Federal Reserve Chairman Ben Bernanke, please see the following articles….
*”Say What? 30 Ben Bernanke Quotes That Are So Stupid That You Won’t Know Whether To Laugh Or Cry”
*”Is Ben Bernanke A Liar, A Lunatic Or Is He Just Completely And Totally Incompetent?”
But after being wrong over and over and over, Barack Obama still nominated Ben Bernanke for another term as Chairman of the Fed.
———-
#10 The Federal Reserve Has Become Way Too Powerful
The Federal Reserve is the most undemocratic institution in America.
The Federal Reserve has become so powerful that it is now known as “the fourth branch of government”, but there are less checks and balances on the Fed than there are on the other three branches.
The Federal Reserve runs the U.S. economy but it is not accountable to the American people. We can’t vote those that run the Fed out of office if we do not like what they do.
Yes, the president appoints those that run the Fed, but he also knows that if he does not tread lightly he won’t get the money from the big Wall Street banks that he needs for his next election.
Thankfully, there are a few members of Congress that are complaining about how much power the Fed has. For example, Ron Paul once told MSNBC that he believes that the Federal Reserve is now actually more powerful than Congress…..
“The regulations should be on the Federal Reserve. We should have transparency of the Federal Reserve. They can create trillions of dollars to bail out their friends, and we don’t even have any transparency of this. They’re more powerful than the Congress.”
As members of Congress such as Ron Paul have started to shed some light on the activities of the Federal Reserve, that has caused many in the mainstream media to come to the defense of the Fed.
For example, a recent CNBC article entitled “If The Federal Reserve Is Abolished, What Then?” makes it sound like there is absolutely no other rational alternative to having the Federal Reserve run our economy.
But this is not what our founders intended.
The founders did not intend for a private banking cartel to issue our money and set our interest rates for us.
According to Article I, Section 8 of the U.S. Constitution, the U.S. Congress has been given the responsibility to “coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures”.
So why is the Federal Reserve doing it?
But the CNBC article mentioned above makes it sound like the sky would fall if control of the currency was handed back over to the American people.
At one point, the article asks the following question….
“How would the U.S. economy then function? Something has to take its place, right?”
No, the truth is that we don’t need anyone to “manage” our economy.
The U.S. Treasury could be in charge of issuing our currency and the free market could set our interest rates.
We don’t need to have a centrally-planned economy.
We aren’t China.
And it goes against everything that our founders believed to be running up so much government debt.
For example, Thomas Jefferson once declared that if he could add just one more amendment to the U.S. Constitution it would be a ban on all government borrowing….
I wish it were possible to obtain a single amendment to our Constitution. I would be willing to depend on that alone for the reduction of the administration of our government to the genuine principles of its Constitution; I mean an additional article, taking from the federal government the power of borrowing.
Oh, how things would have been different if we had only listened to Thomas Jefferson.
Please share this article with as many people as you can. These are things that every American should know about the Federal Reserve, and we need to educate the American people about the Fed while there is still time.
It is known that Chase owns 52 percent of the Federal Reserve Bank of New York . and it is also the majority stockholder in MERS
there is a bid difference between the federal reserve banks and its owners and the Federal Reserve Board. My mom worked there for many years and her checks said U.S. Treasury Dept like all other federal employees. so this factoid may need some real digging to find out the truth as to whether the FEDERAL REserve Board is a federal agency. Independent and not under control of the U.S. Treasury Dept.
if you think FED think Chase if you think Chase. the dividing line where they are distinguishable is merky at best.
about $ 90 billion of that money was from TARP or taxpayer money.
best regards
David
HBO FILM: Too Big To Fail: Opening The Vault On The Financial Crisis
The new HBO original film, “Too Big To Fail”, premieres on Monday, May 23 only on HBO.
http://www.youtube.com/watch?v=wVV6dzDO …
http://www.youtube.com/watch?v=wVV6dzDOgQ0&feature=youtu.be
Sorry posted wrong:::Here is the correct link 🙂
The movie is from 2 years ago, FYI.
Elizabeth Warren LETTER to FEDERAL RESERVE:::::Ben Bernanke:::::5/14/2013
http://big.assets.huffingtonpost.com/ewletter.pdf
“Meanwhile, the official overseer of the NMS, appointed by state attorneys general and federal housing officials, Joseph Smith, has not made any statement about payment snafus. His oversight office is busy preparing its first official report to determine if the five NMS lenders are meeting their new mortgage servicing standards.”
I called the Oversight office on Friday and spoke to a woman there who was definite that neither
Mr. Smith or that office had anything to do with Rust’s administration of these cash payments. She said they are only overseeing the other aspects of the settlement.
Sadly, Rust Consulting is seemingly on their own here – no oversight or accountability, and even as of today, not even the decency to update the NMS site to explain this change in payment dates. I got an e-mail from one of them saying that the change to “mid to late May”, in his words – “should not have been made”, but NO explanation why it was or why it was left uncorrected for 2 weeks or more.
The NMS site is not reliable, as Rust has already proven- why should we believe it this time?
rust is owned by the investment arm of citigroup DAH
Please check it out: http://www.ifrmovie.com/ LOTS OF STORIES!!
Independent Foreclosure Review Checks: $2 Billion; NMS Checks: $0
Bank regulators keeping tally of checks cashed in the Independent Foreclosure Review (IFR) mailings put the running total at more than $2 billion as of Thursday, but that amount should have been higher if not for more fumbling by the paying agent, Rust Consulting.
Compensation checks in the IFR borrower-abuse agreement have gone through four mailing waves since April 12. The last one on May 3 turned out to have short-changed many recipients.
Rust Consulting conceded that more than 40 percent of the 217,000 checks that went out that day, or 96,000, underpaid recipients. Rust had already faced some chastising from the Federal Reserve after the first phase of payouts on April 12, when some of those initial checks actually bounced.
For the up to 4 million compensation recipients, the payments screw-up is adding to their anger over getting less than they thought they should, compared to the abuses they were dealt during wrongful or botched foreclosures in 2009 and 2010.
Borrowers see this phase in the two-year-old IFR process has yet another salvo from the big banks and their regulators, who have come under intense heat from consumer advocates and many lawmakers over the foreclosure reviews abandoned in haste this January in favor of a $9 billion settlement with 13 mortgage servicers.
Now comes the sequel to the IFR payments: compensation checks in the other agreement, the older National Mortgage Settlement (NMS), reached more than a year ago with five top U.S. lenders: Ally/GMAC; Bank of America; Citi; JPMorgan Chase; and Wells Fargo. Up to 750,000 borrowers may be eligible for NMS payments, totaling $1.5 billion. Some borrowers are eligible for both IFR and NMS checks.
Rust Consulting is also the paying agent for the NMS, approved by bank regulators to handle mailings and payments for both settlements.
In February, the National Mortgage Settlement official website was updated to say that checks to NMS claimants would be mailed out by “mid-year 2013.” That statement went unchanged for two months until April 22, when suddenly it said checks would go out in“4 to 6 weeks.”
Borrowers were even more encouraged a few days ago when the website message was tightened to say payments would be mailed “mid to late May.”
However, suddenly the website statement’s timetable changed yet again, reverting back to “mid-2013″ this week, further infuriating many eligible NMS borrowers, many of whom have expressed their anger through comments on eCreditDaily.
Many decided to call or text executives at Rust Consulting to get a clearer answer on the NMS timetable. Others have tried contacting their state attorney general or bank regulators. Still no clear answer on the NMS payment dates.
One thing seems clear. The very latest shift back to a “mid-2013″ NMS payout timetable coincided with Rust Consulting’s latest snafu with the fourth wave of IFR checks mailed out on May 3. Those checks to 96,000 borrowers are tied to loan servicing errors or wrongdoing by Goldman Sachs (Litton Loan Servicing) and Morgan Stanley (Saxon Mortgage Services).
Rust Consulting said it has corrected the error and plans to mail supplemental checks to affected borrowers as soon as May 17, 2013, for the additional amounts they were supposed to be paid, according to the Federal Reserve.
Meanwhile, the official overseer of the NMS, appointed by state attorneys general and federal housing officials, Joseph Smith, has not made any statement about payment snafus. His oversight office is busy preparing its first official report to determine if the five NMS lenders are meeting their new mortgage servicing standards.
The report, due to be released in June, is expected to be critical, reflecting complaints from housing counselors and state AGs over continued foreclosure-prevention mishandling or delays by the big banks. New York Attorney General Eric T. Schneiderman said this week that his office will file lawsuits against Bank of America and Wells Fargo for “repeatedly” violating the settlement’s rules.
Meanwhile, borrowers can file a complaint about their servicers through this page on the NMS overseer’s website. Or, consumers can file mortgage-related complaints directly through the Consumer Financial Protection Bureau.
Cell numbers for Rust Consulting Executives who are involved in the National Mortgage Settlement contract with the AG offices.
Send them a text or two
Daniel Marotto 415 609 6179 He is in the San Francisco office
Eric Hudgens 612 359-2041
James Parks 612 770-7584 He is the Chief Exec Officer assigned to the NMS
Matthew Potter 612 396-8325
Paul Vogel 612 359-7464
I would encourage everyone to contact Russ Consulting/National Mortgage Settlement Administrator. Even after receiving confirmation from the Indiana Attorney General’s Office last Spring that I didn’t need to do anything more after filing my complaint with the IAGs office, that I was automatically included in this settlement, when I contacted the National Mortgage Settlement Administrator last month to inquire why I had not yet received a ‘postcard’ from them, I was informed that JP Morgan Chase had not reported my Illegal Foreclosure to be included in the National Mortgage Settlement!
http://youtu.be/_j8JXsoRfRc
Watch the video. It is an actual call to Rust Consultings National Mortgage Settlement Call Center.
The employee lies and gets caught!
Rust Consulting Executives can be reached here:
Instead of calling the call center where you cannot get answers…call their cells phones or send them a text. Tell them you want answers!
Daniel Marotto 415 609 6179 He is in the San Francisco office
Eric Hudgens 612 359-2041
James Parks 612 770-7584 He is the Chief Exec Officer assigned to the NMS
Matthew Potter 612 396-8325
Paul Vogel 612 359-7464
My fiance of nearly 7 yrs passed away…we had many bussiness accounts together, I am his sole heir, hand written will, other documents etc….this foreclosure happened during our time together, affecting my finances and his, the check came in his name…will I be able to cash it as with other ins payouts etc or do I need to get more legal help…
This is actually a more personal response in regards to your post. I too have personally have a story of heart ache with a austitic child and Saxon and new century and Wells Fargo we are one week away from being evicted but I think in the process of all of this and many ,I have heard stories of black wholes and sad downright heart breaking, needs to be told as I was apart of this myself . So I am in the process of a book the other side. People need to know what is happening and has happened maybe it is too late for us but I do not want to see anyone go thru this . It is downright criminal and lacks humanity for many . If you want to share anything you can let me know I am addressing several stories it may take some time but I know for a fact if any other company ran business this way no one would be employed unless they wanted it this way.
There are thousands upon thousands of stories out there. Here is just one of them:
http://mortgageforgery.wordpress.com/2013/04/24/an-apology-to-our-neighbors-our-neighborhood-and-our-city/
http://www.marketwatch.com/story/rust-p … 2013-05-08
Rust Consulting, the paying agent for the Independent Foreclosure Review (IFR) Payment Agreement, said today that a clerical error led to some borrowers in the May 3, 2013, wave of payments being sent checks for less than the amount that the Federal Reserve directed those borrowers to be paid. Rust has corrected the error and plans to mail supplemental checks to affected borrowers as soon as May 17, 2013, for the additional amounts they were to be paid. A letter explaining the reason for the supplemental check will accompany the supplemental check.
In the wave of settlement payments mailed on May 3, 2013, approximately 96,000 borrowers whose loans were serviced by Goldman Sachs (Litton Loan Servicing LP) and Morgan Stanley (Saxon Mortgage Services, Inc.) were affected by the error. The remaining borrowers mailed checks on May 3, 2013 were not affected by the error.
The correct total payment amounts are listed on the Federal Reserve Board’s website at http://www.federalreserve.gov/consumeri … 0429a1.pdf.
I recieved a $500 check in the mail and could not imagine that all I went thru in the past 4 years was only worth this amount of money. I live in the state of VA and my home was forclosed on in the middle of a modification. JP Morgan Chase is a joke and has gotten away with thousands of forclosures and now the payouts are stolen as well… I really feel that someone needs to step up to the plate and assist homeowners such as myself, who lost their homes, their credit and took years off of their lives with the stress of all that JP Morgan Chase put me thru.
I have been in loan mod hell for 3 1/2 years with Chase. They have no clue what they are doing I have 4 notebook full of bs ,not one rep will tell you the same thing ( so far I am at 28 reps ) . I also have 4 boxes of sumissions and still yet I am no where, even though according to guidelines I qualify. My story with them could fill a novel. I am dealing with the NY S Atty General & our NYS Senator. Not sure where this will go as now I am in preforclosure. If we had only know there is no one watching over the Help for Home Owners Program. Does Obama know that it can take this long> This is not a timely process . They have put me into arrears , late fees ,legal fees , penelties and interest Till you are so far behind when they deny you you cant catch up . Yes as J P Mrgan Chase always says we dont want to take your home! REALLY ! You just force people into giving to you !!! . After 21/2 years in the assumptions dept I just am being told the investor holding my late husbands mortgage does not participate in assumptions. It took them over two years of me doing continuous submissions and many many hours on the phone to finally learn this I have dealt again with them the last 3 days lost moredays at work something else the Help for Homeowners Program does not tell you it is a part time job for you once you start as you have to stay on it always.. Oh yeah it gets worse much worse, than this, just too tired tonight to write any more. I hope tJ P MORGAN CHASE will be held accountable for so many of us loosing our homes due to a very broken sytem where no one oversees it . And where did the bail out money go to help homeowners ?? Chase Bank is so far from a proffesional, ethical institution it just leaves me in disbelief. Shame on all of them !!. I have only just begun with the state level but look out J P MORGAN CHASE as I am going to Oprah and to 60 Minutes to expose your terrible injustices !!! I have had enough !!!!!!!
.
Thank you for the information, I will give these guys a call.
Sheryl, what state are you and the law firm based out of.
I’ve been pro-se since 2006 and I now own my home without a deed of trust or note but now comes the rough stuff and I could use a good firm or a good lawyer for the law suit stage of my recovery.
Thanks in advance….
I live in Lapeer, Michigan…they have four offices in Michigan that I know of, and my attorney has referred to having other offices in other states…
I spent hundreds of hours sending out hundreds of emails trying to get a lawyer…finally, I found Fraser, Trebilcock and Dunlap our of Lansing. They have law firms in other states as well…here is the link; they may be able to help some of you that are having trouble finding an attorney. The link is http://fraserlawfirm.com/
There is a class action suit that the Dept. of Justice filed with WF. It is for
discrimination against african-americans and hispanics. If you bought a home
between 1-1-2004 – 12-31-2009, you may qualify. The deadline is 6-25-2013. If
you obtained a loan with WF and you were given a 80/20 or some other type of
loan instead of a prime loan and could of qualified for a prime loan if you had
been considered for one, you may qualify for this suit. Call 1-866-329-5282,
Epig Class Action & Claims Solutions, to get them to send you a packet. You fill
the packet out and send it back to see if you qualify for this settlement.
Well I got my whooping $2000 the other day. Did anyone notice the framework changed when Russ Consulting began to send out payments? I’m ready to file as lawsuit but it appears Bank of America must retain many lawyers in North Carolina (where I need to file) as I have been getting a lot of “sorry it would be a conflict of interest if we took your case”. Any suggestions?
My father just received a check for $2000.00 and we want to know if there still may be recourse to the lost of his house in Arizona. Does anyone have a idea about the law or what to pursue.
Thanks.
You still have all your rights and remedies intact.
Thank you James. Waiting to be approved on Hamlet. I would love for you to give me an opinion on my case. My e-mail is mspie_2000@yahoo.com if you want to contact me and I can e-mail you my summons and answer. I can fill you in on any other details since then also. I really appreciate your help. Thank You. .
I am Pro Se by the way. You are correct I live in Miami, Florida.
Replying to Rebeca’s post which sad:
“I have not made a mortgage payment since November 2008. The foreclosure was started in 2010. I answered it of course and in June 2012 we went to court and it was taken off the docket. Since then I have not heard from anyone about the foreclosure. The lawyer (Watson) who filed the complaint for BOA was disbarred for 3 months and his practice was shut down. I really don’t see how he can pursue it now. So my question is if I let it sit in the court until January 2014 and then ask it to be dismissed for lack of prosecution does my clock start back in 2008?”
I am not a lawyer but I DO have the answers to your questions if your case is in Florida which, by the mill you mentioned, I think it is. You must be very careful NOT to file any paperwork in the court record if hoping for a dismissal for lack of prosecution. Contact me, there is a right way, and a wrong way, the difference is not clearly explained but the outcomes are very different. Contact me through Foreclosure Hamlet or Foreclosure Warriors under JamesM or JamesX. I think I can clarify the procedure and SOL issues.
Don’t Let Fear Rule Your Decisions…Fight for What is Right
http://mortgageforgery.wordpress.com
On May 26, 1816, in a letter to John Taylor, Thomas Jefferson stated “The system of banking we have both equally and ever re-probated I contemplate it as a blot left in all our constitutions, which, if not covered, will end in their destruction, which is already hit by the gamblers in corruption, and is sweeping away in its progress the fortunes and morals of our citizens. … And I sincerely believe, with you, that banking establishments are more dangerous than standing armies; and that the principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale.
It is amazing how prophetic this man was. He saw the banking industry, over 181 years ago, as a threat to our country. He knew, that if the banking industry went unchecked, it would become exactly what it has become; above the law, reckless and basically untouchable.
The government participates in this by bailing out these giants and most media, even though they are made aware of it, turn a blind eye, until it’s too big to ignore. Everyone had a quick fix with loan modifications, only to create another huge financial fiasco, that again, facilitated by acts of false promises and, at least in this writers eyes, theft by the banks.
These mammoth institutions pay astronomical legal fees to have the laws twisted in their favor. A comma can make all the difference in the world and is used to manipulate the law in their favor. Their representation spares no expense to drain the homeowners dry, spit them out and steal their homes. Their crimes are above reproach because they have the most money…if you run out of money in the legal game, or don’t have an attorney who is willing to go through this at a risk of no pay, they, as a fighting homeowner, are done.
Unless they are willing to spend countless hours, days, weeks, months and years, picking themselves up, every day, to continue the fight, they, too, will become another heap upon the sidewalks of our nation; homeless and doomed to be a renter for the rest of their lives. These institutions will have full control over all the property and by the time their grandchildren are old enough to “buy” a house, there will be no buying…they will just be paying rent to the banks. Oh, that’s right, they’ve been doing that for years anyhow.
If victims of mortgage fraud, allow their fears to rule them; if they allow the fears of others to direct them, then we will never win this war against the banks. This is a call to action, not an “I’ll sit here and see who comes to help,” situation. If you are not willing to fight for your rights as a citizen in this country and stand up for what is right and just, the banks will win.
I know as well as anyone in this country what it is to go against these institutions…and I could give you all kinds of advice; however, what you need, most of all, is to overcome your fears. You need to wake up each and every morning, more convinced than the next, that one way or another you are going to stand up for your rights as a citizen in the country; and if they keep beating you down, you just keep getting up.
I used to walk away from things when I was younger out of fear; let someone else deal with it, was my motto. That is no way to deal with life and it is definitely not how to deal with those that have harmed your life. This is not something that can be done alone. All victims need to stand together and ensure that our grandchildren will have a chance at experiencing what it means to be a true American; owning homes and living the American dream.
Please Share Your Story of Mortgage Fraud at https://www.facebook.com/ShareYourStoryOfMortgageFraud
Sheryl,
Beautifully expressed and all so true!
Oh…and I received my BIG $2,000 check today!..for 5 years of misery!
From another post prev made that supports post to kb
“…The robosiging scandal was merely the tip of the iceberg of mortgage and foreclosure problems that resulted from the failure to adhere to the requirements of well-settled state real estate law. The banks maintained that there was nothing wrong with mortgage ownership or with the records. All they had were occasional errors and some unfortunate corners-cutting with affidavits. If they merely re-executed all those robosigned documents, all would be well.
Wells Fargo’s own actions say the reverse. It has been doctoring documents in house for over fifteen months for borrowers who are targeted for foreclosure. It was having this sort of work done outside the bank for an unknown period of time prior to that.”
http://www.nakedcapitalism.com/2013/03/whistleblower-wells-fargo-fabricated-mortgage-documents-on-a-mass-basis.html#comment-1154611
You can get the Nye LaValle Paper Trail report here – https://4closurefraud.org/2013/04/13/must-read-report-you-cant-trust-the-mortgage-paper-trail-by-nye-lavalle/
I have some ‘hypothetical’ questions – particularly for those possessing knowledge of Florida real property law.
It’s 2002. Let’s say — hypothetically — one purchased a home for $200,000. One takes out a smaller loan for property repairs, totaling $50,000. The purchaser decides to refinance the two loans into one, and now has one mortgage totaling $250,000.
Fast forward to present day. The borrower stopped making payments. It is discovered that the original release of mortgage for the initial $200,000 home purchase was signed by Linda Green. How would that document support the borrower’s defense? Is that release of mortgage considered a fraudulent document? Is the mortgage that was signed during the refinance considered void if the borrower was unaware that (s)he was technically on the hook for the original $200,000 purchase, as the original mortgage was never officially satisfied? Keep in mind that the refinanced loan is dated BEFORE the release of the original mortgage. Does that mean the borrower is technically on the hook for both the refinanced loan AND the original loan?
Just a hypothetical. Would love any input.
You have no defense based on a mortgage discharge. It did not cause you any injury. Only the note holder has an actionable claim to a wrongful discharge of a mortgage.
FYI, a satisfied note discharges the mortgage by operation of law, whether it is recorded or not. Your refinance loan documents would be used against you if you plead that issue.
Good hypothetical that people can people can learn from. I would agree with Tim but it raises many questions besides the mortgage discharge issue. From robosigning to settlements there can be some good lessons here.
Neil Garfield made a post about following the money. So hypothetically speaking the Green document should be the starting point. If it was just a “mistake” as the settlements have tried to frame every case then they could go back and fix the documents. Otherwise, it needs to be confirmed beyond the release whether a transaction took place. From the settlements, language such as competent and reliable evidence can be used. Here is where the borrower may want to request the paid off promissory note of refinanced loan if not previously delivered.
If it cannot be produced and previous lender cannot confirm payment then the hypothetical borrower may be able to claim that there is a danger of “double jeopardy”. Courts, lawyers have been saying it’s too far fetched but seems to be changing.
The other issue would be whether the servicer and/or lender received any compensation from third party and whether payments were applied correctly. Here you could request payment history and from Nye Lavalle’s report I believe he suggests that borrower’s need to see the custodian’s accounting and not simply the servicer’s payment history.
So the Linda Green document has to be a starting point as to whether the servicer/lender/investor can be questioned as to their standing not simply because of the “bad” document but whether any of their information is reliable which is the real benefit of the settlements rather than the measly payoffs. What Garfield/LaValle are suggesting is that the parties or the debt should not even be acknowledged not simply because of bad documents but whether actual transactions have taken place and who has received any funds per the Note/Deed/Mortgage UNLESS there is a proper chain of title and accounting and the parties are legitimate. The bigger question is not if Linda Green was a good signature but whether who she represented is legitimate.
LaValle is suggesting that we need a compromise solution outside the courts at this point from all parties for the sake of the country. The independent audit is a joke if that was the intent but may allow us to react and show the real damage Wall St has caused and push our “leaders” for a real compromise solution where we are equal partners and not treated as second class citizens. I don’t agree w/ LaValle completely but is the right direction IMO.
Again, just hypothetically speaking from recent articles etc.
Marilyn,
I would believe that it would be considered Misprision of Felony. They could also be sued personally for Color of Law violations. (Yes, federal agents CAN be sued personally when they create a tort outside of their constitutional authority) It is called a Bivens action, named after the precedent setting case, Bivens v. Six Unknown Named Agents, 403 US 388 (1971).
In NY, Courts really hate being lied to. Stopped another sale today based on “no standing” phony assignments.
Everyone keeps reporting that the total mortgage victim count (yes victims) is 4.2 Million. On the payout matrix total number is 3.9? Have 300,000 of us died or been wiped out by computers and judges. There has been so much fraud why is there not a category that just simply states “Fraud”. ???
WAY TO GO PRO SE!! IT CAN BE DONE BUT YOU GOT TO FIGHT!! Please read this!!
http://deadlyclear.wordpress.com/2013/04/26/hawaii-pro-se-plaintiffs-beat-bonys-motion-to-dismiss/
@Tim
This is a position our Country has never been in. I always thought the US marshals
first allegiance was to the US CONSTITUTION and then to the judges.
So back to how you started this thread , if the marshals have knowledge of something
Illegal happening in the Court don’t they have authority to stop what is happening to
the citizens of this country in regard to their property rights
The US marshals removed me from my two properties with two void ab initio judgments
I found them very decent people, but not fortune tellers and aware of what was about to
happen in this his country.
In the intervening years and all the illegal nightmares be foisted on the people I am sure
they are well aware of how our country is being destroyed. Are they forced to stand idlely
by
correct that to read most judges don’t think…
how much money has changed hands that most judges doesn’t think forgeries should be paid attention to?
Tim I like that 20 year prison stuff for the snakes that are living in my two condos with forged deeds.
is there anything besides a judges order that will get the US Marshalls to remove someone from Property that they are in with a forged deed?
no
@Tim pull up NYS PENAL LAW 170. DO ALL THE STATES HAVE SIMILAR LAW?
YES…and it is also codified in Chapter 25, Title 18 of the United States Code.
http://www.law.cornell.edu/uscode/text/18/part-I/chapter-25
Misprision of Felony http://www.law.cornell.edu/uscode/text/18/4
“Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.”
@ Shery Sutter – Personally, I love the idea of your petition but also don’t want to sign up with an account with a .gov site. The gov’t is already too much in my pocket and since this site is monitored by them, it’s a ‘no thank you’ to signing!
I understand your reasoning, and I thank you for your verbal support…this means as much to me.
Please follow this link (https://petitions.whitehouse.gov/petition/provide-protection-homeowners-who-have-been-victimized-banks-ensuring-criminal-laws-apply/58QKcsP1) and sign my petition “Provide Protection for Homeowners Who have been Victimized by the Banks by Ensuring Criminal Laws Apply to Corporations”.
Read how bank crimes affect you, your loved ones and your neighbors at http://mortgageforgery.wordpress.com
Thank you sincerely for your support.
Done! We have to get public opinion and hold the President, elected officials from both parties accountable if we have the courts, media and everyone else against us.
Great context that counters the attacks by banks accusing us of being deadbeats etc.
Thank you so much. Please pass this on to all the you know that have been affected…if the media are too afraid, we need the power of social media to do it for them.
I’m working on some ideas, hopefully I can be in touch thru your blog.
After listening to the Pro Se v. Attorney arguments, I would like to inject another avenue for homeowners. Many law schools, such as Harvard, have legal aid services for those who cannot afford an attorney. http://www.harvardlegalaid.org/projects/foreclosure-task-force
Eugene V,
No Lender or Noteholder. They even admit to it… http://www.scribd.com/doc/120070203/In-Wells-Fargo-s-own-words-there-is-no-Lender-in-mortgage-securitization?in_collection=4232542
Chances are that you do not owe taxes to the town. The servicers usually have to advance them themselves to protect the interests of the investor. Go to your town hall and get a printout of your property tax history.
Tim, the other day you stated that in securitization there is no “Lender” and no “_____. “I forgot a couldn’t that comment again. Could you tell me what the other part ? Thanks.
You bring up a point that often goes unchallenged. The only party that can declare default is the Lender or Noteholder.
There is always a Section 1983 action available if a color of the law offense is perpetrated against you.
http://www.scribd.com/doc/111049094/MERS-Fraud-Upon-the-Court-Revised-Bryant-2013?in_collection=3942603
Karen, if it is a securitized trust, you can also attempt to make them show the UCC financing statement for the assets of the trust. They never file these, since the trusts do not receive the financial assets which create the corpus. The original lenders hold onto the assets until foreclosure. They are not sold, they are pledged.
Karen, Wells Fargo’s employee can not testify to an endorsement on a negotiable instrument, which they did not make. It is hearsay. The only person who can testify is the indorser, not the indorsee.
ok , my husband brought up a point that I have not seen addressed , not that I want to lose my home but it looks like from views this is inevitable , so now following sale of house by the bank , if the back taxes are applied and way into a figure that we could not possibly afford what takes place will we then be placed in Federal Prison for not paying taxes on a home that is no longer ours and will have to pay for. As if i am not overwhelmed and depressed enough as it is
This is not legal advice. I have been told of people vacating their homes because the banks foreclosed on them. The homes remained vacant and banks did not change the title, thus, years later the foreclosed on and now former owners were presented with bills for unpaid HOA fess, taxes and home insurance. I am just passing on what I have heard. Look up a not for profit housing counselor group or not for profit foreclosure assistance group be it private or public and ask for assistance in how to protect yourself. You should probably get professional legal assistance and these agencies can point you in the right direction. No need for alarm, just make sure you check it out and cover yourselves.
Have you looked at a Chapter 13 filing? That usually puts the brakes on most creditor actions (including tax debt), and will designate a portion of wages (after living expenses) to pay these vultures. And then if conditions change you can always dismiss the Chp 13.
ForThePeople, I appreciate the kind words. Even though I’ve managed to keep my home away from the TBTF Banksters I know this fight isn’t over, not for me and not for the rest of us. If I sit idly by and watch just one of my neighbors lose their home it affects us all and I’m afraid that those who have yet to be personally touched by this crisis don’t understand how it has or eventually will effect them as well.
I feel so helpless at times when I read these posts and I especially feel frustrated at the injustices being dished out to those of you in Florida.
I wish you all the luck with your second lawyer and your rocket docket courts down there in Florida, Colorado is second only to your state in the disgraceful legislation that has been passed in aide of the Banks and lending institutions.
In Colorado non-judicial foreclosure is accomplished through a Rule 120 hearing where the other party (the Bank, MERS, whoever) comes in and tells the Judge that you are in default, the Judge then asks you when was the last time you made a payment and when you answer truthfully he then grants the order authorizing sale and shortly thereafter your house is sold on the courthouse steps.
Even though the Colorado Supreme Court and the Federal Court of Appeals for the 10th District have clearly stated that Due Process should not suffer in application during a Rule 120 hearing there have been no changes in the procedure.
At my last Rule 120 hearing the petitioning party failed to respond to my written objections and affirmative defenses and during the 45 minutes it took to hold this hearing the Judge ruled that the Note presented by the banks attorney was lacking several signatures requisite to the bank being the legally recognized holder of the note. Despite this the Judge granted the order authorizing sale. I forgot to mention one little thing, neither the Bank nor its Attorneys bothered to show up for the hearing that they themselves petitioned for but the Judge had no problem advocating on their behalf for 45 minutes. Rule 120 hearings are not considered to be a final judgement therefore they are not appealable either.
Believe me, I know what you mean when you say it doesn’t matter, first hand. However, the end result for me is that I now own my house without a note or deed of trust attached, not because I discovered some hidden secret or that I polished my legal skills to a razors edge (you couldn’t cut yourself on my legal skills if you tried), my good fortune came about because I never gave up and I threw up roadblocks against everything the banks threw at me and the dumb bastards forgot to keep an eye on the clock and the staute of limitations ran out on my note 4 months ago. I’m not in disagreement with you ldynps, with or without help of an attorney people need to educate themselves becasue the courtroom can be a really intimidating experiance. So I will say no more about this subject, at least for today.
Go to any courtroom in any county in any State and watch for your self…lawyer or not, the banks are stealing our homes and the courts are allowing it!! Our homes are in jeopardy and people are foolish to believe in the system that has been bought and sold by Wall Steet…the fight is for our very existance and no lawyer can beat their greed…TOO BIG TO FAIL is all around us, fight and save your money…you’re going to need it!
It just doesn’t matter…The Courts are not ruling on law!! That’s the issue…pro se or lyin laywers…the rules are not being protected…it’s criminal not civil!
Well, ldynps. Make sure you’re the first person to console the person who loses their case Pro Se. I am telling people Pro Se is a bad move and I am NOT an attorney. What are you gonna tell someone who loses their case on the basis of a procedural mistake or detail because they don’t have ANY legal experience? Plz, I’m all for learning and fighting as long as you can,
but to put something you’ve work a lifetime for in jeopardy really is just foolish.
So if you can’t get a lawyer you just walk away…let the big pocket banks win with no fight??? That, IMHO would be foolish. The information needed is out there and can be accessed quite easily albeit time consumming for those of us not trained or educated in the legal field.
If you decide to take on the challenge either to defend or go on the offense as a pro se, you can ask the court to take judicial notice that you are a pro se litigant. The Juidicial Notice also requests the court to not hold you to the highest standards as attorneys. You can find example notices anywhere just by a general search. There are numerous examples out there. This does not mean that you can get a free pass to just slap something together, not worry about the rules of procedure and expect a court to not throw you out. It takes lots of time, lots of tears of frustration, and pushing your brain cells to find, read, comprehend and use the information. It is NOT an easy task. The banks will stop at nothing and stoop to levels so low, if a sport, they would be thrown out of the game. If you are really trying and the court recognizes that, it may, I say, may, give you a chance to allow you your due process. To not be allowed due process based on the inability to have legal counsel, no matter the reason, is unconstitutional. The very worst that could happen is you lose. On the other hand you could partially win by forcing a somewhat meaningful settlement or getting a real and true modification that you can afford if that is what you want or can live with. If you just walk away because you don’t have legal experience or an attorney..you will, for sure, get nothing and may end up still owing the thieves money.That is foolish. Don’t worry about setting bad law or bad legal precedents….in this arena it won’t make no difference no how no way.
I am not a lawyer and I am not giving legal advice. I just don’t want those out there to be discouraged from standing up to these banking cartels and making sure you get your day in court. The more we walk away and give up the more we are telling the courts, our government and the banking cartel that we will allow our due process to be taken away. That will be the end folks when we are not allowed due process.
THis is an article I posted on the examiner about MERS. Let me know your thoughts.
MERS (Mortgage Electronic Registration Systems), the ubiquitous foreclosure management agent to the banks, is the legal will behind almost every foreclosure action in the nation, operating under the cover of an obscure and highly criticized business model.
MERS was introduced to the mortgage industry as a solution to electronically track the nation’s home loans in replacement for traditional land records. But its capacity in tracking loans quickly morphed making the giant a vested entity in the mortgages it helped to originate and in the nation’s foreclosure process it promised to streamline.
MERS plays a changing role in the foreclosure process, making conflicting appearances on the foreclosure scene as both the agent to the foreclosing bank and as a defendant. In a large number of foreclosure actions, homeowners are baffled to see the mortgagee giant named in the foreclosure action as their co-defendant.
But MERS’ appearance as a defendant can ultimately have an undesired effect of aiding the homeowner. This peculiar alignment can potentially change the dynamics of how foreclosure lawsuits are challenged, since MERS, [as mortgagee], can be compelled to defend the mortgagor-mortgagee covenant which it is in fact a party to with the homeowner.
A defense by MERS of the mortgagor-mortgagee covenant adds up to a legal defense for the homeowner until that covenant is dissolved by the court. Furthermore, and perhaps most confounding is that its assumption of the position of defendant can result in MERS being pitted against itself, since MERS is nominated by the bank to effectuate the foreclosure.
MERS can also alter its corporate anatomy to bypass critical laws requiring high ranking banking officers to acknowledge new mortgage assignments. MERS has reputedly assigned the role of Vice President to arbitrary members of its corporate body for a nominal fee of $25 in order to expedite the growing number of foreclosures it processes for fees.
The MERS model of doing business fueled a national opposition which charges MERS with widespread fraud, such a robo-signing by its fictitious VP’s which wrongfully document the transfer of hundreds of thousands of home loans within MERS’ proprietary distribution list of investors.
The allegations of fraud culminated in [some] weakening of the MERS infrastructure and an $8.5 billion dollar national settlement with the federal government and 14 of the largest banks by assets. Foreclosures in many states did decrease, partly due to the increase in homeowner friendly foreclosure rules arising from the MERS controversy.
The MERS business model, which splits and dices home loans before pouring the mix into a complex asset pot known as a securitization pool, remains in large part a mystery to a wide number of state and local courts which preside over the fate of millions of homeowners in foreclosure.
The obscurity of the MERS business model becomes most evident when it’s challenged by the homeowner. Such obscurity enables MERS to deceitfully make itself a defendant and camouflage a highly leveraged position against the homeowner.
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I am not going to argue on this pro se issue any further…I never said to be an un-prepared pro se litigent..I believe one will be prepared by following some of the cases on this wonderful website…Lawyers are loosing the houses just as much as pro se litigents, and thats the truth…It doesn’t matter if the banks used forged documents, the Courts are ruling in their favor NO MATTER WHAT! I suggest to be prepared to prove your Complaint because no one knows your case better than YOU! Few…very few…homeowners are winning their cases represented by Lawyers after paying them thousands upon thousands of dollars. The laws are not being obided so fight yourself and save your money! I’m done posting where Attorney’s may be responding!
@ldynps
Believe me, I have no faith in most of the Lawyers in my area. I was just saying DO NOT GO AT IT ALONE, thegrey55 is right when you go Pro Se the system is already slanted against you. If you have a lawyer the system is slanted against you for that matter. However, with a lawyer driving the car and you guiding it, you got a better chance to reach your destination. That is why KNOWING YOUR CASE, THE RULES OF CIVIL PRODECURE, THE LAWS AND PRECEDENTS PERTAINING TO YOUR CASE BETTER THAN YOUR LAWYER Y IS IMPORTANT. IT WILL BETTER YOUR ODDS. GOD BLESS AND KEEP FIGHTING.
I’m sorry, but advising an uneducated homeowner to go it alone and file a complaint is just what the MERS and the Banks want you to do. The majority of the cases that get appealed to a higher court are those that are represented by pro-se litigants. You know why, because MERS and the Banks know they have a better chance of winning those appeals and then what we get are bad decisions becoming precident by virtue of default. I have no problem with pro-se cases, I’m working on my second major filing as we speak but I lost my first one due to my own ignorance.
Believe me, I have no faith in the attorney pool as it now stands but I believe without doubt that an unprepared pro-se litigant will destroy any chance he might have and possibly aide the enemy by getting bad judicial decisions into the books as bad precident.
Those who perished in Donner Pass long ago took a guide who knew less than they did and those who walked out of that mess were better prepared than their fellow travelers so unless you want to end up as meat on the table prepare yourself for the task at hand…..
ALL I have to say is that IT DOESN’T MATTER…pro se or lawyer…the courts are not protecting the rights of we homeowners under attack by the banks Lawyers! Banks and Lawyers are making so much money by stealing our houses, they will not stop! There are/were 63 million loans that were put into the MERS system and those 63 million loans will take some 12-15 years to go through. There are no legal assignments, no notes and no laws are protecting us from this criminal activity. To tell people on this site that you really need a Lawyer is hogwash…the Lawyers are just taking money to pay their own mortgages off!! If laws are not being followed by the Courts, the Lawyers fail because the laws are not protecting us…That is why I urge people to file their own lawsuits against the banks…the lawyers are loosing our cases but they get what little money we have left! This site has all the information needed to fight this battle so just take a deep breath and file your own Complaint citing the fraud the banks are guilty of. You have more knowledge that any Attorney because it’s effecting YOU!
Must be some Atorney’s telling people how stupid it is to fight pro se…they want your money and stupid is as stupid does! Fight the fight!!
Fighting in Ohio, has got it right, you must know your case and the law that applies to it better than your lawyer. The old days of retaining an attorney and going about your business are gone. You will have to push and prod your counsel every inch of the way but don’t rely on internet mumbo-jumbo to make your arguments or you’ll find yourself without an attorney. Base your arguments on the precident of the higher courts in your state of federal district. Personally, I prefer to keep my actions in the state court, these banks seem to have the upper hand in the federal courts. If you wish to avoid having the banks or whoever it is move your case to the federal courts (diversity) then you will need to make sure you have at least one defendant/respondent who resides in your state or who has their business incorporated in your state.
As always: This is not legal advice and I am not an attorney.
Good luck and Godspeed.
You are so right about finding an educated and experienced attorney. Even then they may not be right for your case. I am on my second one and much involved in my 4 yr old case. If anyone is in foreclosure in FL now they better have a fighting attorney or all you will get is a recommendation for a mod. Pay one payment and that 5 yr SOL restarts.
The Grey55 your posts are both informative and inspiring. So nice to hear that you survived and maintained your home. I know how hard you must have fought day in and day out. Thanks for still hanging around and please keep posting.
This is not in reference to foreclosure, but about 15 years ago I dealt with a low level judge in Michigan regarding a child custody/support issue who refused to follow Federal law and decided just to make up the rules the way he wanted to. I, fortunately, had a fearless lawyer who filed a suit against him Federal court for doing this. Yep, you can sue a judge for not doing his job! You would not believe HOW quickly he changed his mind. It take just finding the right, fearless lawyer who wants to see injustices rooted out and addressed as opposed to wanting to avoid stepping on toes. It’s a huge fight, but can be done. I personally think a lot of these judges who signed off on these bogus foreclosures should be sitting in the pokey themselves.
Anytime the Banks bring in one of their so-called expert witnesses you must challenge the testimony as being unqualified hearsay, unsupported by any admissable evidence before the court. Just because someone brings a handful of computer generated documents into court with them that doesn’t authenticate those documents and the parties relying on those documents have to prove the reliability of the system that generated them. Because of the fact that most of those coming into court claiming to be the holder of your note did not originate that note, the documents used to support their theory either came from someone elses system or they were fabricated after the fact. A Witness without personal knowledge of the facts to which they are testifying and who has not examined the original documents and cannot testify as to the reliability of the process used to produce those documnents is not qualified to give sworn testimony. Anyone claiming to be acting as an agent for another is required to produce an Agency Agreement (Power of Attorney) properly executed, this is statutory law in almost every jurisdiction I have come across and some paragraph found in a mortgage or deed of trust, lacking signatures and execution cannot be held up as a grant of agency powers to anyone. The courts know this, the banks know this, MERS knows this, yet we have witnessed one court after another let these usurpers waltz into court without one legitimate document in their posession and then waltz back out with your property. I don’t have the answers as to how we can stop this but I do know that if we ever quit fighting these injustices we will find ourselves in a nation of endentured slaves begging for a roof over our childrens heads and for the food we need to feed them…..
Do you believe in Black Holes, I do and it’s that 10 square miles of filth and destruction called D.C. and it’s sucking the life out of the rest of this country. A swirling mass of hope, life and liberty, education, housing, jobs, income and the American Dream being sucked away from the rest of the country to feed the needs of those who reside in that dark disgusting place. And, nothing comes out the other side. America needs to wake up before it’s to late, this is not the beginning but it will be the end is we can’t figure out a way to stop all of this madness.
I beleive you are 100% correct and maybe by the grace of God that black hole will open up and suck in all of the filth never to be seen or heard from again.
I purchased the complete Jurisditionary course study materials many years ago and while I found it to be an excellent introduction to the way things work in our judicial system it is not the holly grail. The messages and commentary today are the same ones that were used years ago and it fails to stay abreast of the times. It takes long hours of research and the ability to get your arguments in front of the court and the know how to bend the court to your will or actually the will of the precident as determined by the higher courts in your home state. Most of the lower court judges aren’t afraid of having their rediculous rullings overturned because pro-se petitioners often fail to make the necessary objections and proof of claims arguments needed for appeal. We are losing ground every day in the fight for the Rule of Law and finding a qualified attorney to represent you or even one who isn’t qualified is akin to trying to walk on water. If you must proceed pro-se don’t go at it half assed because you will lose.
@thegrey55
I AGREE! If you want to fight a battle with the Bank you will need someone with some knowledge of the rules of law in your state. I have found talking to para legals and law students helps alot. Like thegrey55 just said finding a lawyer is hard. Finding a good lawyer is even harder. At least when it comes to fighting or suing the banks. Even when you do get a lawyer you GOT TO KNOW AND UNDERSTAND YOUR CASE BETTER THAN YOUR LAWYER. — USE EVERY RESOURCE YOU CAN.
@ Karen, Make sure the “Note” is legitimate first. I have been made to believe that all of the Note’s that have been filed in these fraudclosure cases Nation wide are all forgeries. First rub your fingers underneath your alleged signature on the Note. See if you can notice any bumps on the paper caused by you pressing down on it with a pen. Then wet your finger and see if you can smear your alleged signature on that Note. If the signature smears and you cannot feel any bumps on the back of the Note behind your alleged signature, then your liars have filed a forged document into the court case.
And if they are willing to forge a legal document in order to steal your house, they are probably willing to invent the story that they have been hired to represent the alleged Plaintiff in your case. Demand proof of claim from the liars that they have been delegated authority by the alleged Plaintiff to represent the alleged plaintiff in your case.
Until such proof is offered I, if I wear in your shoes and this is not legal advice, it is just info sharing, If I were in your shoes I would refer to the Plaintiff and Plaintiff’s Council for now on until you see proof otherwise as alleged Plaintiff and alleged Plaintiff’s Council. You swore to tell the truth and the truth is that you have never seen proof of claim the alleged Opposing Council has ever been authorized to represent the alleged Plaintiff. Until such proof is offered you have every right to think that the liars invented a client styled Plaintiff, etc. in order to steel your house.
I agree that all angles need reviewed for a possible lawsuit but fighting Pro Se without the proper resources does NOT help you. If you at all can get legal assistance I would suggest looking into it. Presenting your case no matter how strong in the wrong manner may only lose your case. If it’s your last resort to go Pro Se, so be it. We can stand in front of a Judge and argue that the transfer of our Mortgage into a securitized trust changes its fabric and may not be foreclosed upon and still have the Judge reply…Huh? If your not using case rulings as support so their decision is obvious you maybe setting yourself up for failure. It may not be brain surgery but it is detailed and procedural.
I have been using many on line sources for help. This being one of them. The one that I refer to the most is one called jurisdictionary. I think it is the best one out there so far. I highly recommend it.
http://www.jurisdictionary.com?refercode=GX0001
Trust me, if you do a lot of research, you will know the financial transaction better than the foreclosing party. You will have the answers to defend against their obfuscations. In FD, like everything else, KNOWLEDGE IS POWER.
Read your state laws, UCC, securities law, contract law, and applicable federal law. But most importantly, READ YOUR NOTE !!! That is the document that controls every incident to foreclosure. No matter what the mortgage states, the only party that can enforce the note under default, is a party that meets the definition of “Lender” or “Noteholder” stated within it. (HINT: There is no “Lender” or “Note Holder” in securitization).
The most important legal theory to study is “functus officio”. It is a very little known, but very powerful legal doctrine.
@ Tim Bryant. I am trying to get the Illegal Foreclosure and Sale of my home made as public as possible. Can you help me? Could I send the document I created on this Illegal Foreclosure to you for review and input? Thanks in advance for any assistance you might provide.
Sure… tbryant80@comcast.net
It’s a mixed bag as to whether you can “win”. Generally we need to keep fighting as best we can and keep in mind the Vietnam vet’s post a few days earlier and do so with dignity.
On the other hand there may be a way to work together as was being discussed a few days ago and be a middle ground between filing a lawsuit and going it alone and/or a class action. I’m thinking of the RESPA section that allows for group complaints when qualified written requests aren’t answered. If we can file these en masse and publicize them along with current scandal with settlements that is being compared to the robosigning scandal itself we may be able to generate the resources and public support we need. I’m still struggling to get functional but hopefully I’ll follow up w/ those that have left email or we can review further.
Most cases that are lost, happen because of “Triple P” (Piss Poor Pleading). It also occurs because pro se, and most FD attorneys, do not understand the entirety of the financial transaction they are involved with. They use the same boilerplate arguments over and over again.
For example, many securitized trusts do not even continue to exist. Monoline insurance, Government bailouts, and Credit Default Swaps have settled the entire account. These trustee and servicers are trying to collect on a fictitious obligation, by using the photocopied mortgage documents that were once contained in the loan level collateral files.
Also, concerning MERS, they have never been granted any authority to contract with borrowers, hold a lien on the property, have ANY interest in ANY mortgaged property, or have the authority to assert any such rights. In fact, they do not even secure the Lender stated in your documents. They use the “legal title” as collateral for their own line of credit with NationsBank (now Bank of America).
@ Tim Bryant
Correct! You have to know your case and know it better than your lawyer. STUDY LIKE YOU WAS IN SCHOOL AGAIN! Know that EVERY CASE IS DIFFERENT. TAKE YOUR TIME AND KNOW THE ANSWER TO YOUR QUESTIONS BEFORE YOU PRESENT THEM IN COURT. LIKE I SAID BEFORE KEEP FIGHTING THO … GOD BLESS
I for one do not encourage anyone to take these cases on Pro Se. In PA you are first put into a Foreclosure Resolution Program. While many bring counsel to all these hearings, many just come by themselves. The initial one was very informal and more of a discovery of who the parties are and the current situation at hand. I continue to be amazed at when someone asks a legitimate question as to who may or may not be the correct party or even the legality of paperwork filed, you get dismissed with no reply. If a homeowner was to file paperwork claiming their property was falsely paid in full and sign as a VP of their Mortgage company, I would hope they would be handcuffed upon discovery or admission in court. It’s takes less then 5 mins to handle these accounts properly and legally. A mass 4.2 million ck run for foreclosures filed between 2009 and 2010 just shows the magnitude of what they are trying desperately to sweep under the rug. Find a good attorney who’s familiar with these issues and continue to do your best to get your issues resolved.
The “other” old saying was that there is justice with the Courts! That is no longer true, there is no Justice so one must fight themselves. This website has all the help one could use, just take a deep breath and file a lawsuit…this is not brain surgery, it’s one homeowner against a bank that doesn’t own it. The lawyers are benefiting more than anyone says so all I am saying is fight it yourself…lawyers would have you believe you NEED them…well, they need to make their own mortgage payments and people that put their faith and trust and money on them, loose anyway because the banks are stealing our homes and the banks are allowing it to happen…Can’t dispute that fact!!!
Mark,
You are absolutly correct…The Lyin Lawyers don’t want to ruin their relationships with the various Courts and Judges they have nurthered for years! There is NO justice with Lawyers so people who finally “get that” after spending what little money they had, MUST file their own Complaints against whatever lyin banks are anywhere on any documents…and don’t forget to add MERS to any Complaint..Fight the banks on your own…nobody cares more than YOU about YOU! File Motion afetr Motion and make the banks respond…and when they don’t, because they have SOOOO many lawsuits against them, file for dismissal with prejudice…demand the bank return the record to your name, FREE & Clear because the bank cannot prove they own your note! Fight…fight…fight…don’t play their game, file your own lawsuit and force them to play in YOUR GAME cause that’s all this is!
Good Luck to all of us!
@ ldynps
YOU SOUND LIKE A BANK OpPERATIVE!! DO NOT LISTEN TO THAT CRAP!! The old saying goes,” he who has himself for a lawyer, has a fool for a lawyer. Do not go at a lawsuit alone! First ARM YOURSELF WITH KNOWLEDGE, EVERYTHING IS RIGHT ONLINE IF YOU LOOK HARD ENOUGH. GOOGLE SCHOLLAR!! SECOND, YOU FIND A PARA LEGAL, LAW STUDENT, OR OR SOMBODY WITH SOME KNOWLEDGE TO HELP YOU IF YOU CAN’T GET A LAWYER. BUT NEVER STOP FIGHTING AND FIGHT WITH SOME SUPPORT. PERIOD
I got a $300 check yesterday (should have been much much bigger since they foreclosed while I was under bankruptcy protection) but there is no appeal process. From what I understand another wave will go out this Friday and next Friday and after that they will trickle out until mid-July.
On the plus side, the National Mortgage Settlement site was updated yesterday and states checks will be mailed out in 4 to 8 weeks. Those are to be for $840 or more.
I also think these class actions are far from over so people need to keep on top of this. I would not be surprised if litigation doesn’t come out regarding how this Independent Review was handled.
This is going to be everyone’s common ground….nobody cares. People argue, hey you were late paying or didn’t pay, you deserve thousands of dollars in fees and foreclosure. I’ve had the PA foreclosure resolution department actually kick us out of the program because we refused to just randomly pay a figure with no detail or supporting standing documents; and I was the only one in hundreds of cases who was there to actually pay! I’ve filed Motions that require a hearing to argue a Plaintiffs Motion that gets entered without such a hearing (althou required). When I go to the Motion court during break to ask a status I’m screamed out of the courtroom by a clerk claiming “You cant play lawyer”. Yes, other lawyers do not want to take this bs on, they have to deal with these opposing counsels and judges daily and it’s not worth there time or career to make enemies for us.
I have a question about these so called checks,so far they have released the 2nd wave of checks,so how many waves are there? & has ANYONE received the max ,amount? & is there more of an explanation of harm if checks are bigger?
I filed complaints with everyone, but this is Texas, so nothing happened. I tried several attorneys, to try to go after him, but it would cost a fortune, with probably no gain. No lawyer cares about going after another lawyer.
I don’t think people realize how long this massively corrupt and errror-ridden mortgage system has been in place. It started long before the housing collapse.
It’s sad to read stories of a continuous parade of desperate people with the same sad ideas (like class action, and thinking that government agencies give a crap about what is happening to you).
If you manage to file a lawsuit, a lot of what happens to you while fighting this will depend on your state. If you are from a more consumer-oriented state, your chances are better. If you’re from a redneck state where the gov’ment and corporations are the same pocket…not good.
I have a foreclosure trail coming up and my stand is lack of standing. The original note and mortgage is attached to the complaint and listed as Option One and NOT the Plaintiff Wells Fargo Trust. I was told that the Plaintiff will bring in a Wells Fargo employee who will say they had the Note prior to filling the complaint. QUESTION: How do I disprove their claim or what else can I use to win this case?
There are are lots of questions coming up about “indorsements” as the note is passed from one holder to the next and whether there is standing in the context of these Trusts violating the PSA agreements that govern them. Take a look at this thread, and try your best to get some legal assistance.
http://finance.groups.yahoo.com/group/fight4mortgageandcredit/message/14037
One sure way to help this economy is to force this industry to mark to market all properties. Think of all the capital that will unleash from homeowners who are now able to focus on their lives and work. Still looking into class actions, more later.
@ Ivett #699540
The State of Texas v. James M Ebert
County Court
At law #6
Travis County Texas
this might make it easier for you to find
I did not see the link on the pro se litigent? Can you send it out or send to me at elyse@gte.net
@Ivett
Pull this case up on your computer. IT IS WRITTEN BY A PRO SE LITAGENT BUT MAY GIVE YOU SOME CASES AND INFO THATCOULDBEHELPFUL TO YOU.
PDF]
MEMORANDUM ON PRO SE – Freedom Schoolwww.freedom-school.com/699540/memo-on-pro-se.pdfYou +1’d this publicly. Undo
File Format: PDF/Adobe Acrobat
Attorneys do not exist under the Constitution for the united States of America and … presumed license from the state legislators and [an alleged] Bar association on the … The term “pro se [litigant]” is SUBTERFUGE [something designed to deceive] used by … substance of a pro se motion’s claim and its underlying legal basis.
Is anyone here familiar with the law that states “Substnce not form” is what matters when dealing with pro se litigants? If so, would you please post it here? Thank you.
I completely understand what you’ve been through and are still going through, my fight started in October of 2006. I’m afraid that every time the bank convinced you guys to make a few payments to put off the foreclosure process they also got you to reset the clock on the statute of limitation in their favor by doing so. I say don’t give up but it’s obvious from your story that quitting is the last thing on your mind.
Good luck and I really hope something goes your way, this is wrong on so many levels that I wake up some days wondering what country I’m in.
Angela, What state do you live in, I find it hard to believe that after 8 years the statute of limitations has not run out on your lenders ability to enforce the note. Foreclosure does not qualify as enforcement of lemnders rights in the note unless it is done judicially. In order to render a SOL moot the qualified party must enforce its interest judicially within the time allowed by law. I’m curious if your attorney has discussed this angle with you.
I own my home because the statute of limitations ran out on my pretender lender last year: Note is unenforceable and the Deed of Trust is extinguished, end of story…..
The problem is they have foreclosed on us 3 different times..we have been fighting this when nobody else was fighting. Every time they convinced us to pay them a little money & they would stop foreclosure. Every time we would go to lawyers & try to make someone listen, every time we were basically called deadbeats and we should suck it up and pay the 1800-2400 a month payments, because after all we signed on the dotted line. I guess you could say third time is the charm because we were able to get a lawyer to fight for us finally. Even though the judge ruled in their favor it took him awhile to do that and he let them win on some technicality, (our lawyer was late!) I think judge was just tired of me bringing in stacks of papers and laying them on his desk! No judge wants to take the time to read all that….sad but true!
thegrey55 so let me ask you something. I have not made a mortgage payment since November 2008. The foreclosure was started in 2010. I answered it of course and in June 2012 we went to court and it was taken off the docket. Since then I have not heard from anyone about the foreclosure. The lawyer (Watson) who filed the complaint for BOA was disbarred for 3 months and his practice was shut down. I really don’t see how he can pursue it now. So my question is if I let it sit in the court until January 2014 and then ask it to be dismissed for lack of prosecution does my clock start back in 2008? In Florida it is a five year statue of limitation. Can I then file a claim for Quiet title?
There is also the fact that these cases are still ongoing and the so called “harm” is changing daily. Facing a sheriff sale date of May 6th, what is a 300$ ck going to do? Rust and the OCC don’t want to hear any current information, they suggest calling the servicer. Plz, you think the servicer is willing to help after all this time, fight and forgery?
We need to make copies of those measly checks and send them to the OCC’s Curry, to our Senators and to Warren, Brown, Menendez, Johnson, and to two-faced Obama, with the following Title: Insufficient Compensation. Re-review and re-compensate.
There is absolutely no way the government can justify how the determinations of harm were performed in regards to the X-IFR payments that people began receiving this week. Not unless they admit that they used darts and a board with our names on it.
The IFR involved hundreds and hundreds of people spread out at different locations and in a years time they were only capable of reviewing something like 127,000 of the half million requested reviews before the OCC and the FED shut the operation down. After that, the Regulators would have us believe that they then gathered close to 4 million homeowners mortgage records (records that even the banks couldn’t produce under court orders in most cases)and then conducted a review for harm of each and ever one of those 4 million before issuing checks at the end of last week.
That means that a government regulatory agency performed all these tasks in 95 days with less than 1% of the work force available the year before and came to an equitable determination of harm for 4 million homeowner in a situation that they have not been capable of bringing under control since it began almost seven years ago. My ass………….. So don’t expect any explanations, believable explanations from anyone in government.
Even if you receive a check, you retain all your right to pursue an action against the Lender. No party, including the government, can interfere with a private contract unless it is done through the courts.
Rich, according to the payment matrix put out by the OCC there are only 5 catagories that pay out $3,000 and all of them are in the matrix for those who did not apply for the IFR before it was cancelled. I know that 99.99% of all the payments being issued don’t even fit in with the type and cost of the harm committed by the banks upon all of us but you can go to the OCC’s website and get a copy of the matrix and from there get some idea of what they thought they were paying you for. You’ll know better than anyone else which of the five catagories you fell in or how many of the catagories. Thought this might help a bit. Personally, my check was about $34K short using the governments matrix, I guess the Banks can commit the same crime numerous times and still only have to pay us once because the act I was payed for was committed 3 times by the same bank.
Your right Hammer, I said six years. The statute here in Colorado is in regards to promissory notes and it is not exclusive to just home loans. Most states have these type of SOL statutes. The one advantage to this type of affirmative defense to foreclosure is that the law is pretty much cut and dried. If “A” took place on a certain date the SOL begins to run and after the time allowed by law “B” expires the Note is no longer enforceable “C”. And, as much as alot of these judges seem willing to look the other way where the TBTF Banks are concerned, they can’t ignore the dictates of a staute of limitations where A + B= C. The courts are without jurisdiction over the controversy because it no longer exists by law.
This morning I called the judge that finally ruled in favor of HSBC.
I informed him that we had received a $2000 check & in light of that
Would he review our case? Our house is due to be sold next wed at sherrif sale
He said to have my lawyer request to vacate the sell & he would take
A second look. I’m not ready to give up hope yet! Been fighting for 8 years!
Can anyone advise the proper channel to go through to request an explanation for WHY I received a $3000 check due to Foreclosure Review, i.e,. who did what wrong? Where can I go to demand an answer? Thanks for any help.
I am wondering the same thing…. I only got 800 bucks. I was a deployed soldier and covered by the SCRA which means I should have got 125K like their little chart said. What ticked me off the most was that I wasn’t even notified that I was being foreclosed on and then when I tried to ask Wells Fargo about the settlement they told me to get a lawyer and sue them
Did you happen to sign up for 2 settlements? I understand that there were 2 going on. That may be it? I hope so in your case, I have WF too 🙁
If people are getting bounced around Consumer Financial Protection Bureau can be an option and copy not only federal but local officials as well is my thinking.
No, I didn’t sign up for 2 settlements but I did get myself a lawyer and hopefully when we get done theywill be naming a big ole building after me….. we can party there… LOL
Be advised, CFPB has summarily been dismissing complaints without ever investigating the complaint, or even following up with the complainant.
I’ve had that feeling about CFPB. Still, it’s a basis for setting a paper trail and making complaints for whoever’s in charge of agency and making our tax dollars accountable which is the language our “representatives” understand..
This is more common then you think. Even Judges now are turning a deaf ear. You owed a mortgage and that’s all they want to hear.
In judicial states this seems to be the case though it depends on the court. In CA where homeowner Bill of Rights has come into play there have been less foreclosures and there are some very signicant cases recently challenging the lender assumptions.
My concern is that my lawyer does not want to put too much effort into the case because he has told me he “had to do business” with the courts. Which means he is putting me on back burner. I am meeting with him today to put him in the hot seat and want him to either back out or start actively pursing my case. I am reading stuff on this message board about statues of limitations and just curious what that means.
Generally, not a lawyer, laws have different requirements as to when a claim can be made and damages or action such as foreclosure can be taken. Grey said it’s 6 yrs in CO from time of acceleration I recall. Creditors have a certain amoutn of time to collect as well.
After severaal years of hell, I did get a lawyer. I advocated for myself by putting in an incredible amount of work. My case was pretty clear, I had every receipt, so I thought it was a slam-dunk.
My attorney seemed to be getting very friendly with the other side, talking about a settlement. Well, he made friends allrighty!
The outcome:
1. He purposely missed an important discovery date and lost most of my claims. He lied about it to me and to the court.
2. We went to court. The judge scolded me for “starting a lawsuit I couldn’t finish”. The lawyer had told the court that the reason the discovery date was missed is because I ran out of money! A total LIE. It was on contingency from day one.
3. I had a few small claims that weren’t already lost. The mortgage company lawyers said that the COPIES of my receipts that the attorney showed the jury were forgeries. My originals were sitting on the table. He didn’t show them to my jury, and there was not one thing I could do about it. It was completely obvious he had already settled for HIMSELF ALONE.
Afterwards I told my attorney that I was going to sue him. He said I didn’t have enough money, that as an attorney he would keep me in court forever. He also told me if I tarnished his name he would “fix me”.
So don’t get too excited about a lawyer. The lady that just got her money was very lucky.
I do hope at the very least, that you filed a complaint with the Bar Association, the Supreme Court in your state concerning this ‘lawyer’. Wouldn’t hold my breathe on him being disciplined or disbarred…but at least there will be a record of your complaint filed on this person.
You “may” be able to get the judgement vacated based upon “inadequate representation”. If you have the retainer letter showing you were on a contingency, then you may have a leg to stand on. Unfortunately, you should consult an attorney (again).
My mother had her home ripped out from under her during a lengthy battle with cancer. It has been two plus years since she has died, and since she had nothing left there was no estate. Unbelievably a check for $3,000 arrived Monday made out in her name. My brother was the executor of her will, is there anything the family can do with this check or is this yet another way for the banks to get out of paying their settlement.
Jillian M.
I am absolutely, heartbroken over my home. Bank of America stole my house. I cried for years, I still drive by once a month to look at it, and all we get for our pain/suffering is a few hundred dollars. I worked so hard for my house….. This is a JOKE! What most people don’t realize, is that , there is a statue of limitation on filing a lawsuit against the banks. I spoke with an attorney, this is exactly what the banks are banking on. The statue of limitation will run out for millions of homeowners, to file a lawsuit against the banks. Most homeowners, aren’t aware of this. So we are stuck with those lousy pitiful checks; for all our heartache, pain, suffering, and they still made billions of dollars. The attorneys are only after your retainer fees, and will do little else to help you. I will do the following, when I receive my check……
1. take a picture of my house and check
2. write a letter to my local senator
3. send copies of all documentation with letter to Senator
4. make a video and post it on You Tube — showing how Bank of America stole my house, and our credit files are still screwed. While the banks, just walk away with billions in profit
5. I can not purchase another house, because of the banks actions, and we still lose…..
A few class action suits could loosen up the purse strings. We can find attorneys that will take a smaller cut so that the bulk of the money will go to home owners. If there is interest post a reply expressing your interest and we can figure out how to collaborate.
Hi Ohioan,
I interested …..
interested.
Yes, I am interested. Haven’t gotten a check yet and filed a review last April. I don’t expect to get much, but BoA sold my house in a sheriff’s sale while we were in the process of a short sale, and I had not missed a single payment. I am sure I will be in the 300-500 range, given what others have posted.
I want to know what happens to the money that does not make it to people that were foreclosed on and have moved after the 90 days is up. Rust is only taking information if you need to change or update you contact information. What if people do not know about the so called review?
I almost threw up when I received a check for $500.00,for compensation, as a result of the federal governments investigation involving my unlawful and unethical foreclosure.In my opinion, BofA (Countrywide Realty) defrauded me out of my beautiful home of some 22 years. I hope they didn’t go broke giving me such an alarming amount of money. I can’t really say that it compensated me for the memories of raising my children in that home, and my memories of my beautiful mother and father, and other friends and family that would often come to visit, that have now passed on, or the memories of my dog Willis who would swim in the pool with me everyday and stand in the same special spot, so that I could hug him and dry him, or of my time with my wonderful wife, of 40 years, when she was not a paraplegic stricken with MS and now with a metal valve in her heart. Here’s the best part of it; Why are they allowed to further harm my credit and life by posting the unlawful foreclosure with the major credit bureaus? By doing that, it has kept me for the past five years, from buying a new home? If this continues to be allowed the housing market will never recover. My wife and I are both 100% handicapped senior citizens, we don’t have much time left. Give us a break. I’d like to pass away in my own house, rather than in some unkept rental junk house, wouldn’t you. Who do we contact to get our credit cleared of the foreclosure, or are they allowed to continue doing it to us and to you?My life is more stressful over this, than it ever has been, since I served this great countryof ours, in 1967, when I fought in the jungles of the Mekong Delta of South Vietnam.At least when my time comes, I will go knowing that Jesus Christ has prepared a home for me in Heaven, praise God.
Hi James,
What a heartbreaking story….. Unfortunately, I understand only to well. I will pray for you and your wife…… I hope you get your house back some how.
Ok, this is so ridicules about the IDR. I suggest that when we all get out money we should put it into a pot and fight these bantereds one bank at a time. Every time a homeowner wins take 25% and put it back for another homeowner to fight. We can do this !! But if most of American’s are as greedy as the corporations this will not work. I for one would give back the money to use it to fight !! There are good lawyers out there! What the hell are we suppose to do with a thousand dollors………..my house is gone, and they stole it with fraud on the court…shame on us for excepting their token $$$$$$$.
Hi Sheila,
I agree with you 100%…. I am absolutely, heartbroken over the theft of my house. I cried for years, I still drive by my house, once a month – with a heavy heart. The banks, made billions off of us, and we still have this on our credit files. They still have their mansions…..
Hey, wait a minute! I think that Rust Consuting has to tell us if we were financially injured or harmed, other wise the IRS could take this as Taxable income! The letter from Rust Consulting that came with the check states, “This payment does not mean that you necessariy suffered financial injury or harm”. I think this needs further clarification. I know they said they sent a check to everyone with foreclosures in 2009, 2010, (even if they may not have been financially injured or harmed). But, I was financialy injured and harmed and I woud like a statement from the issuer to that effect! I will not cash this check until I get further answers and I wil tell them that the IRS wants to know!
Good call. We have to remember this does not prevent us from taking legal action even though that’s been another brick wall. My idea was to go ahead and cash but add “under protest” memo. I was told that when employer added a confidentiality note to a severance check. Not legal advice but any lawyers or accountants out there can verify?
We hired a lawyer in 2010 the day after Wells Fargo foreclosed on us (unbeknownst to us). He got us a stay and we are still in our home, however, the case has seemed to just stall. I have a meeting with the lawyer again today — he just seems not to care. He told us in 2010 that it should take about 6 months for the case to be heard and when I contacted him back then he told me not to “poke the bear” (meaning the courts) because we were still in our house. We are ready to poke the bear. Can anyone recommend what questions I should be asking?
now for the taxes on the checks
https://independentforeclosurereview.com/TaxInfo.aspx
I think we all should begin to take ads out in the paper, on the radio, social media…and post the letters we get back with a copy of the $.02 checks right next to a picture of your stolen homes, your old invoice, and the MLS listing of you stolen property. Make sure the names of the liars and the law makers are shown. After seeing these names repeatedly, people will know there names and faces. It becomes hard being a thief in the spot light.
Checks arrived regular standard mail. No Discovery paperwork. There is a letter included with the check from “Rust Consuting, Inc.”. One sentence in the letter that I find confusing is “Regulators determined your payment amount based on the stage of your foreclosure process and other considerations related to your foreclosure. and “This payment does not mean that you necessarily suffered financial injury or harm”. I think this is called admit nothing and cover the bank’s A_ _ !
The catagory for the $2,000 checks is a “Denied Modification” for those who filed a request for review and didn’t lose their house to foreclosure.
7 years, 5 foreclosures, 3 denied modifications and I got my check today for $2,000. Not to mention that the party trying to take my house all these years was not the holder of the note and had committed fraud on at least 5 different occasions. I think I’m going to burn this check on YOUTUBE after I disclose all of the fraudulent paper work in my possession which includes approx. 35 fraudulent assignments of deed of trust and mortgages all submitted by one Bank. I’m over all this BS and the OCC and the FED can kiss me where the sun don’t often shine.
Sheila Bair on Why the “Vampire Squid” is NOT Too Big To Fail
============================================================================
http://finance.yahoo.com/blogs/daily-ticker/sheila-bair-why-vampire-squid-not-too-big-163939786.html
Hello,still fighting this nightmare,so my question is..is my lawyer not taking this as serious as me or does it just take yrs to see justice?I’ve proved no default due to us,100%lender,supplied all bankstatements showing,received & cashed but credit report shows 100%different,wrong loan paperwork,fraudulent EVERYTHING but still no court date?a few motions sent out & lenders answers further bury them,what am i NOT doing right?or am i just at my witts end with all this?i feel as if im tettering on the edge & dont know what step to take next without falling.
As seems to be the theme with audit it may be time to make your case public and involve local officials. As disappointing as this is as Gray is thinking of doing it may be the way to expose what is going on to the general public beyond us on the internet. I read a statistic that only 4% of distressed homeowners take the legal route.
Congrats,did it arrive standard mail?did it have ANY discovery included?
Here is the way it plays out in Colorado. Once the lender or whoever it is invokes the right to accelerate the note and demands payment in full to satisfy the obligation this triggers the running of the clock. Lender then has 6 years to take action based on the obligation, at the end of that time if action has not been taken the note is no longer enforceable and the Deed of Trust or Mortgage is exstinguished. This leaves the homeowner with strongest title interest. Of course, this is not meant to be legal advise and you should check your states statutes for interpretation and application of the SOL.
I’m not through with these people yet, now it’s my turn to make their lives miserable and in order to do that I have to beat out a couple SOL that apply to the law suit I’m preparing. Gotta run this morning but I’ll be back on here later.
Good luck.
I just recieved a check today for $2000.00. I did file for the IFR. There are no details as to what infractions were violated, but I assume it was for denial of modification. (There are really only three catagories(Service Member Civil Relief Act “Federal Law Violation), (Bankruptcy “Federal Law Violation), and Mortgage Modification Denial, ( no federal law violation here). They chose to keep it neat and elete and politically correct by giving the few large payouts to only the very small percentage of foreclosures that already had legal presidence in the bankruptcy courts and the military who have proof of undeniable status. My outrageous frauduent mortgage stems from origination and the violation of numerous state laws and (federal laws other then the two listed). When I realized there was a serious problem with my mortgage (before a default had even taken place), I notified the FBI, my State Attorney General, my State Senator, (as all of the websites tell you to do when you suspect fraud or a preditory mortgage) and guess what, they all directed me to voice my concerns to the Office of the Comptroller of the Currency, because mine is a National Bank ! I thought that the OCC was to notify the DOJ when an obvious fraud was involved. I thought my mortgage was going to be audited for violations of state and federal laws, but instead I got a check for $2000.00 to help me with the expenses of hiring a moving van.
P.S. I called Rusk Consutants about the lack of information in the letter that came with the check (specificaly, the infractions by the bank and how and why they arrived at the amt. of $2000.00 and as usual, Rusk Consultants “knows nothing” and referred me to the OCC website, which informs me of nothing)!
Were you able to cash your check without a problem? Some people on the blogs are saying that they can’t cash their checks. I just wanted to know how true this was or is someone just trying to put a scare out there.
We need to keep following up with Warren and Congress that is supposed to be reviewing this overnight “settlement”.
Warren inspired me to send letters to local Senator. Which I will be also sending to local news outlets.
I contacted Rust as well when we received our $3,000 check with no explanation. They directed me to OCC who directed me to The Federal Reserve & my bank (of all people). When I protested, they told me to file a complaint. Then I called the FR who directed me to OCC & Rust than they also told me to file a complaint. Its nothing but finger pointing. I sat down and decided to write a letter to our local Senator, but I will be sending to all local news outlets too. We just do not know what to do!!!
Jacqueline,
Great idea, I will write my local Senator. I will send a copy of my check and documents, showing how Bank of America stole my house.
And this is what they do! They could care less about your phone calls. That is why they have Rust Consulting directing you to the OCC and the Federal Reserve and then the Federal Reserve and the OCC directs you back to RUST Consulting. It’s to keep the Peons at bay! Unless they give you a written explanation that a financial harm was commited against you, (which they will not do) your $3000.00 is a taxabe income. Don’t be fooled by the 1099 that they said they will send in 2014 if needed. 1099 are used for many things, and when you get a 1099 from them, they still wil not admit harm done, so you will be charged with a taxable income. Demand to know from your Senator as to whether this IFR check is compensation of financial harm and if so, you want a confirmation letter from the IFR stating that it is, so that you can send it to the IRS.
I woud also ask them to state exactly what the harm was and how they arrived at the $3000.00 amount to justly compensate you for your financial injury when they never audited your paperwork.
If they don’t give you a statement of financial harm, then you haven’t been financialy compensated.
Thanks for the info Rebecca, first check received I’ve heard about so far. I started to say that I’m one of the fortunate ones in all of this foreclosure crap because after 7 years and 5 foreclosures I still have my house and the property it sits on but fortunate isn’t the right word for what I’ve been through at the hands of thieves. Anyhow, good luck with your fight, that’s just how mine went year after year until the statute of limitations ran out on BAC and MERS….
We should compare responses. I just got through 5 years and still in property. I had BAC on MERS records from previous loans that weren’t closed out until 2 years after my current loan closed. New “original lender” now claims to be the investor. MERS official signed on Substitution of Trustee and 4 years later lender/servicer finally admitted it was a mistake since MERS is not on the current loan but say it’s no big deal since non-judicial. May be true IF title is clean etc. Still trying to get straight answers. What is the SOL, I can’t seem to get straight answers, in CA.
Are you saying if they let the foreclosure sit in the court long enough that it will be past the statue of limitation to pursue it? My strategy in this whole thing has been to do nothing. I get registered letters once a month but never sign for them. I want them to have no record of anything. I only answer things from the court. I also check the courts website almost daily to make sure they haven’t asked for a hearing and failed to tell me.
They are actually still trying to “I am sure” do illegal things. Recently they sent me paperwork on lender placed insurance and said it cost $8,000. a year. Never in all the insurance I have bought or lender placed has it been more than $2,500. a year. A weird thing happened with that last month. We had a sewer back up from a heavy rain and it ruined my wood floor. I called the insurance to see what they covered and they said I had to ask my lender. Why, they tacked the $8,000. onto my mortgage? Why would the lender know what was covered and not the insurance company?
I got my check today. It was for $1,000. I am still in the foreclosure process.
To explain further. I never filed for a review or sent any correspondence to anyone. My foreclosure has been on the books since 6/2010. In June 2012 their lawyer “Watson” filed for a summary judgement and I replied. Day of court they took it off the docket and I haven’t heard anything since then. It will be a year in June. Since then MERS is not my servicer anymore, SPS is and they threaten me with foreclosure all the time. I have to wonder what will happen if they do file for foreclosure whileI am still in a case with MERS.
On the email alerts it looked like you were a bank robo-posting!
What the banks are doing? They are betting that the majority of the 4.2 million home owners will Not file a lawsuit. Period!! And those that do file, who has the will, know how, and evidence to prove the ILLEGAL ACTIONS COMMITTED? They are betting not many! Even if a borrower goes at it alone they are at the mercy of a legal system that is slanted against them. I say, in order to beat them, those that do file charges/suit against them should go for as much as possible, be as audacious as they were when they file suit for forclosure against you, and ARM YOURYELF WITH KNOWLEDGE…EVERYTHING YOU NEED TO KNOW IS ONLINE. DON’T TRUST YOUR LAWYER TO FIGHT YOUR FIGHT. JUST A THOUGHT!! OH, I HAVE ALREADY FILED SUIT!!
P.S. KEEP READING SITES LIKE THIS ONE. THEY PROVIDE ALOT OF INFORMATION. THANKS 4CLOSUREFRAUD.COM FOR ALL YOU DO!!
Can you forward me a copy of your lawsuit…I will modify and amend and FILE!
First of all, EVERY HOME OWNER’S SITUATION IS DIFFERENT. YOUR CHARGES/SUIT MIGHT BE COMPLETELY DIFFERENT FROM MINE. Secondly, YOU SOUND LIKE A BANK EMPLOYEE, NEVER SEEN YOUR POST ON THIS SIGHT… OR OTHERS. Third, I AM NOT A LAWYER AND WAS NOT GIVING LEGAL ADVICE. HOWEVER, I SUGGEST YOU GET A LAWYER TO REVIEW YOUR CASE, IF YOU GOT A GOOD CASE HE SHOULD TAKE IT. WHAT LAWYER YOU KNOW DON’T WANT TO MAKE SOME MONEY?
One of the many things that boggles my mind is why would they take certain stances and be so stubborn as to challenge existing laws? Especially if you’re going to open yourself up to litigation. Is there really that much profit if running everyone over and worrying about lawsuits later? I mean seriously, how long does it take to ck and confirm if someone is a service member and exempt from foreclosure? 5 mins? How long does it take to draw up a legal Mortgage Assignment? 5 Mins? How long does it take a real someone to legally sign it from the bank? 2 secs? Why you would outsource these tasks is beyond me. It can’t be to control cost.
Your exactly right, Mark. Only the TBTF Banks and their partners in crime, the OCC, the FED and all the other government regulatory agencies could try and spin $20K spent on review for harm with $250-$500 paid out to homeowners as a good thing……… Basic math skills are not a prerequisite for employment with the government regulatory agencies while a masters in BS is highly recommended and sought after. I only wish Mother Warren could wash these guys mouths out with soap every time they open them up to speak…… There’d be so many bubbles floating around D.C. you’d swear that they brought back the Lawrence Welk Show. (for those of us that go back that far)
It’s obvious a majority of the ck’s will be for 250$. After all, if you’ve done no real investigation into individual cases there is no reason to give anyone (other then your friends and family) more then that amount. Did we see once the initial reviews averaged 21K in cost? I’m sure $21,250 would have appeased a lot of folks. Guess now is the time to file suit if our statute of limitations has not expired? Just endorse your 250 to your counsel.
Hey everybody, wake up and wait for the mailman. If the X-IFR checks started going out on Friday some people might actually get theirs today. But we all have to realize that there was a $25 billion settlement announced just last year with 49 of the 50 states and not one homeowner ever got a dime of that money. That was billion with a B.
I’m anxious to here from people as to the amount of their X-IFR checks and I wish we had a way of comparing the numbers with those on the matrix released on Monday of last week. Just call me crazy but I don’t think the numbers will match or the totals and the responsibility for that falls squarely into Promontory’s lap. NO checks and balances, crap in and crap out………
As usual the talking heads in D.C. are telling stories that don’t make any sense. Since all those people who generated a $2 billion tab for Promontory only managed to review approx. 127,000 consumer files over a period of 10 or 11 months how is it that the OCC can make a determination of harm involving almost 4 million consumer files in less than 5 months. The answer is, they can’t. So this means the entire program for the payouts has to based on where the dart hits the board.
The independent (snicker, snicker) reviewers were in the process of reporting a rate of illegal activities found in the files of just 2 years at somewhere close to 100% and the banks involved would have required another bail-out just to compenste those actually harmed. This is the reason that the IFR was shut down, the TBTF Banks told the OCC and the FED what to do and they did it.
Now we’ll see how much it will be covered up. The only way you get to 4 million and trillions of dollars of bailouts is if the fraud was systemic and the TBTFs were involved. Any system worth a pile of beans would have had bells going off at the first “bad loan”. It’s a dog and pony show to have us looking for intent and protecting the country supposedly from evil homeowners that shouldn’t benefit so we have the revolving doors of settlements and investor cases.
I believe so. Robosigning “errors” can’t be a catch all for any kind of fraud and broken chain of title or invalid mortgages.
That’s why people had a problem with the framework in the first place. It tried to set compensation for title problems even predatory lending I believe. Now they’re changing the emphasis to getting people relief and whether we actually lost our home or not besides the fact they got caught with their hand in the cookie jar.
There will be very little help coming from the OCC and even if the investigative files are released (which they should be) there were less than 127,000 files reviewed at the time the IFR was called off. On top of which, the reviews were broken up into alphabetical catagories so that no one person or group would be allowed to see all of the evils committed. Given this fact it is hard to believe that any of those 127,000 or so case reviews were ever completed beginning to end.
It will require the filing of FOIA requests to get the information now being buried within the offices of the OCC and the FED and by the time anyone gets anything the Sharpie Marker Company will have made a fortune supplying those offices with black markers for redaction of those reports.
No, people, nothing good will come of this and just like all the other consumer based investigations only those connected with the insiders will profit from all of this as evidenced by the $20k per file charges paid out so each of harmed can receive a $500 check for which Promontory has not yet been paid for distibuting and processing.
I’d personally prefer to shove these checks up the arse of everyone involved one by one and with over 4 million checks be distributed a lot of those people will have to step back in line for a second and third and fourth insertion. Don’t worry Obama, there are plenty of them to go around and you should be at least one of the first few in line. Crap in and Crap out……………….
Exactly. Why was there the need to reinvent the wheel if we have all these “investigations”? There was a post somewhere that there is going to be some variation but mostly tied to losing your home or not it looked like. Very narrow definition of foreclosed and ignoring the ongoing misrepresentation and bad faith dealing.
If we get a check from Rust we should endorse them “Under Protest!”
wondering if Warren’s point is for us to follow thru w atty generals what were their findings on our case and if it is to be found not an error but indeed fraud, we have evidence from the ag ‘investigation’??? God Bless Elizabeth Warren!! and thank her for all she does..
From all reports on the subject: Checks were suppose to start going out on Friday the 12 of April, 2013, yesterday, so I don’t know if anyone actual received a check in todays mail but I’d venture a guess that they will start showing up the first of the week.
has anyone received any funds yet sent from Rust?does the ck arrive in standard mail or ups/fedx?????
CYI I just finished faxing Senator Warrens D.C. Office 30 pages of documents, most of them copies of fraudulent assignment of deed of trust and mortgages that I made the OCC aware of in March of last year.
I don’t know if any of this stuff will get put to use in tomorrow mornings hearing with the OCC and the Fed but I’d sure like to watch them squirm if she threw down the 9 fraudulent assignments from BAC that I sent her.
I would like to see all those who get their checks this month post the category that they were paid from. I have this feeling that a lot of $500 dollar checks are going out even though every one of the Servicements Act violations should not have been in the review payments but rather should have been payed out of the Billions that the Banks have already agreed to pay for these violations and then Felony charges should have brought against the servicers-it is a felony to violate the Servicemen Act. Just another OCC scam to help out the Bankster boys.
How do I get off of this email list? Can someone please take me off…I can’t unsubscribe! Thanks!
Great quote from Warren that breaking the law isn’t considered “trade secrets”.
if you have no option to file bankruptcy 7 can you file a 13 then turn it into 7 later new laws 8 years coincidence after pushing buy a house we are just so naive all my husband keeps saying we signed the paper but they changed it but we signed stupid us we tried every avenue for all paperwork went into black whole and lost , resend on and on .. then you do no qualify for government hamp and on and on .. please if anyone knows this just tell me we have a lawyer not a bankruptcy lawyer .. never new I would need so many lawyers cant afford all of them or I might not be in this situation.
This link will answer most of your questions. People are hesitant to answer because they are afraid of giving legal advice. You never know who lurks on these sites just waiting to nail someone. This link was very helpful to me when I had questions. Hope this helps!
http://www.nolo.com/legal-encyclopedia/converting-your-bankruptcy-case-from-chapter-13-chapter-7.html
WHY HAVE WE BEEN FORSAKEN? TALK ABOUT A LOSS OF TRUST IN YOUR OWN GOVERNMENT AND BANKS, SO MANY PEOPLE TALKING ABOUT THIS AND IS ANYONE LISTENING? IT SEEMS NOT……
We’ve spoken to attorneys about filing Chapter 13 Bankruptcy to block the sheriff sale as well as filing a wrongful foreclosure lawsuit asap. Time on the sale date is the major concern, so yes, we are attempting every possibility. After years of bs we’re not about to give up fighting and wasn’t trying to put our situation in any light other then the obvious seriousness it is in.
@ Mark
File a motion in court to stay the sale of your house and use the Russ Consulting notice as evidence and see what happens. Worth a try!! I am not a lawyer and this is not legal advice but I have been fighting in Ohio for over two years. Don’t Stop Fighting!!
I called Rust and was given the Dept # handling Citi’s foreclosures. Our sheriff sale date is first wk of May. I was trying to see if a change in circumstances had any impact on the ck you were to receive or any help they could offer to block people heading for a pending sale. After repeating my concern 4 times, I was told there is going to be “NO REVIEW” of cases and there has been “NO REVIEW”. If you’re going to mail cks, I would think you would want to send someone who has already lost their house from a wrongful foreclosure a larger ck then someone who could be help by a last minute modification. Apparently that is not the case and I would not be surprised to see cks like 250$ being massed mailed. The kicker was this op got pretty snippy and wanted to stress “You should continue to work with your servicer”
, they are willing to assist” I couldn’t stop laughing for a few mins. Citi’s lawyers resigned long ago and Citi hides behind the comment we no longer reply to inquiries once the servicing change is a yr old.
You STILL have options…get your attorney to file a TRO temporary restraining order … and/or remove your case to federal…file a wrongful foreclosure lawsuit…or give up and start packing…the choice, as always, is yours. Whining or laughing isn’t much help.
Anyone have a foreclosure lawsuit where MERS is the defendant..? Read my article and tell me what you think.
Foreclosure: When MERS Lays Down and Plays Defendant
http://www.examiner.com/article/foreclosure-when-mers-lays-down-and-plays-defendant?cid=db_articles
Your right Mark, I forgot to mention the numerous insurance policies in place to hedge the Banks bets along the way. Most research reveals that the average $250K mortgage nets the Banks at least $1 million.
My post-card from Rust said I would receive a payment OR a request for more information in 4-8 weeks. Anyone want odds on which of the two will take place in 4-8 weeks, huh.. I’ll give 10 to 1 it won’t be a check…..
PASS IT AROUND!
http://www.nakedcapitalism.com/2013/04/launching-our-first-free-ebook-on-the-foreclosure-review-fiasco.html
Most certainly. What is everyone going to do with their ck for 250$ in 6-8 wks from Rust Consulting? Put it towards their mortgage in arrears? Some can only hope.
How else could those fine fine gentlemen like brian moynihan (boa) and jaime diamond (jpm)
bring home all the millions and millions in bonuses each year. Oh silly me, of course, from theft of our homes. And what would our fine government folks say about this comment…..she’s singing the have vs. have nots song because she doesn’t like rich people. As long as the 99% continue to believe this bs….it just goes on and on. It’s a song stuck on the same track.
This is exactly what is happening. Along with the possibility that the Mortgage companies insurance has paid off your balance ONCE. The govt has paid off your mortgage TWICE thru the TARP or or other programs banks have filed in for relief with and then they’ve attempted to sell/transfer it for X amounts to these Trusts or other servicers who are then pressing to foreclose with fraudulent docs. So, for some who are 85 and WANT to pay their Mortgage, who is really getting shafted?
Take this from someone who has been in this fight since October 2006. Bank of America doesn’t own any of the notes previously held by Countrywide, hell, they can’t even find most of them.
The reason behind most of the modifications granted that are later terminated is to allow BAC to fabricate ownership documents for loans that were securitized. Since most of the investors in the MBS direvative market have no idea what mortgage notes comprise their investments in the market they have no way of knowing that BAC and others are stealing those investments by creating new documemnts naming themselves as the real party in interest. Grant a modification, get the homeowners signatures on the dotted line, create false reasons to terminate mod and then foreclose.
The government then gives tax payer dollars as incentives to the banks for modifiying the loan and then the bank takes your home in foreclosure and again profits from its sale. End of story……..
We are coming to the final battle , we have attorney but at this stage with wells fargo asset-back pass thru certificates and more then likely robo judge we will have to pay for a house that is not only underwater and tell our daughter who is autistic we can no longer live here. My husband was layed off, injured in auto accident and we will not be able to file bankruptcy. We will owe all our lives even beyond death. When they issue sale how long do we have to pack
Doesn’t seem like your lawyer is telling you much. Need to check your state’s foreclosure laws, policies.
WF has had investors suing, settling on predatory lending etc so you would think you should have some options. Doesn’t sound right. Was there an audit done?
You should look up your RMBS account # on Google, if the same as “asset-back pass thru certificates” and see if it was involved in any cases.
Recently – http://www.nakedcapitalism.com/2013/03/whistleblower-wells-fargo-fabricated-mortgage-documents-on-a-mass-basis.html#comment-1154611
“Over the last two and a half years, Wells Fargo, like most of the major mortgage servicers, claimed that it had a “rigorous system” to insure that mortgage documents were accurate and complete. The reason this mattered was that there was significant evidence to the contrary. Foreclosure defense attorneys found repeatedly that, for securitized mortgages, the servicer or foreclosure mill attorney would present documents to the court that failed to show the borrower’s note (a promissory note) had been transferred properly to the trust. This mattered not only on a borrower level, but indicated that originators of the mortgage securitizations hadn’t bothered transferring the notes properly to the trusts that were to hold them. This raised the ugly specter of what was called “securitization fail,” that investors had been sold securities that they had been told were mortgage backed when they might in practice not be.
The robosiging scandal was merely the tip of the iceberg of mortgage and foreclosure problems that resulted from the failure to adhere to the requirements of well-settled state real estate law. The banks maintained that there was nothing wrong with mortgage ownership or with the records. All they had were occasional errors and some unfortunate corners-cutting with affidavits. If they merely re-executed all those robosigned documents, all would be well.
Wells Fargo’s own actions say the reverse. It has been doctoring documents in house for over fifteen months for borrowers who are targeted for foreclosure. It was having this sort of work done outside the bank for an unknown period of time prior to that.”
Hers’s a post from 2012 – hasn’t had the effect it was thought it seems but may be able to use info from cases and opinions
http://dtc-systems.net/2012/01/investors-coming-out-of-the-shadows/
“Ultimately, the proof and the relief sought by homeowners will come from investors who demand answers to what happened to their money when they purchased mortgage backed securities and pooled their money to fund mortgages.
The result is a pincer action, to put it military terms, where the creditors and the debtors are making the same allegations against the intermediaries who stole from both sides, “borrowed” the loss to claim Federal bailout money, and left both sides holding the bag.
Lawyers for the investors are clearly smelling blood and are on the hunt. Unlike the foreclosure defense side where the arguments and theories are the same, these lawyers will represent institutional investors whose credibility in court will rival, if not exceed, the credibility normally allowed to anyone with the word “Bank” in their name. These lawyers are going to make a fortune, as will any foreclosure defense lawyer who realizes the true nature of what is going on.”
Also from 2012 http://www.foreclosuredefense-diy.com/wells-fargo-remic-makes-a-debut-on-the-today-show/
“The strange code associated with the callers mortgage on the Today Show was WFALT 2007 PA2. Woops! That’s a REMIC and a recent News Release names this trust. I’ll bet a lot more than 10% (estimate given to the Today Show by Wells Fargo) of the loans fit this category. How about 99% are in some sort of RMBS. Back to that 99% number. I guess if the shoe fits?!
The brighter the light shines, the more trouble we find!”
Jim – I think you misunderstood my word. I was asking if you were UNDER WATER…meaning that your house is worth less than what you owe. Property values decreased greatly after the real estate bubble burst and the financial catastrophe in 2007. If that is the case, you need a principal reduction otherwise you will be payinga lower mortgage payment (maybe) but you will be stuck with that home far beyond your lifetime and the likelihood that you will never be able to sell it if you should have to do so. Take it from experience, they will take your so-called trial payments and then come up with a oh, so sorry, you don’t qualify! You also need to know that BofA, as servicer, does not have the power to modify! Only the true owner of your mortgage has that power. Truly, find a reputable attorney that supports homeowner’s and seek advice.
i have 90k equity on our house.. yes, that was explained to us that boa does not have the power to modify on the workshop. okay, we will see ..hoping for the best.
Jim – are you curently underwater on your mortgage? If so, does your loan modification include a principal reduction? If not, then you are still paying on a mortgage (that is likely not even owned by BofA) that you will never be able to get out from under. Aside from the fact that BofA is doing loan mods that creates toxic titles as most generally the mortgage has been sold on the secondary market and is now owned by the Trustee for the bond holders. Only owners of mortgages can grant modifications. I would check with an attorney that represents BORROWERS before you sign on the dotted line. You may likely be setting yourself up for one heck of a big bang down the road!
yes i am late on 6 month payments. Underwriter called me and said boa is my bank sevicer and the investor (fannie mae or whoever) has guidelines if i will qualify for modification. And I qualified and will lower down my interest, basically i passed the phase 1 which is approval. I was told to expect a FEDEX package from BOA and will list my options and then go to a trial payment plan for 3 months. I will then chose my options or decline it. BOA Home specialist did say my monthly payment will go down because my case is simple. BUT we will see when my packet will come and I can explain further. Thank you for the info.
Hammertime – I read your petition. You are asking the national banks be under the control of the US Gov’t with express authority of the President? You also are asking that the Fed Reserve be dissolved; then turn around and ask that it become an agency of the gov’t? If you ask it to be dissolved how can it become an agency? To nationalize all the banks under the control of the President is simply inviting communism to the front door. This may be why so few have signed your petition. Just sayin….
Actually it’s from CREDO a pretty mainstream progressive group. Last I checked the President is the leader of OUR democracy. Seemed to work for GM. Don’t see anything wrong with dissolving an agency, removing the self interested big banks and having real policy makers and even real capitalists/entrepreneurs put in place. Hopefully it’s just starting to make the rounds. Unless it’s as an article I read said Americans are suffering from the “Freed from Facts” and they’re stuck in the fifties.
Petition to break up the banks
http://e.groupspaces.com/click/33m40-3ii80-fw5l4jhbl?u=http%3A%2F%2Forg.credoaction.com%2Fpetitions%2Fstop-income-inequality-by-breaking-up-too-big-to-fail-banks
Please anyone facing foreclosure check with your bank if there is a Homeowner Event scheduled in your area. I just went a couple days ago at a bank of america homeowner event and they will help you avoid foreclosure and they will explain options for you. THEY are there to help. JUST MAKE SURE YOU HAVE ALL YOUR DOCUMENTS, I was there for 3-4 hours and met with bank of america home specialist and HUD and other gov’t agency plus the underwriter was there too! AT 5pm i got a call that my load mod got approved. PLEASE go!
Where is that laughing mouse when you need him????
Friendly advice….take Bobbi Swann’s advice before signing that is if you really ever get to that point.
@kb – I’m in CA. I’ve used the settlement verbiage from the documents on the web site and the Homeowner Bill of Rights (new 01/13 CA law) seems to have helped me at least to postpone sales. I’ve also contacted local officials and copy them on complaints to Comptroller etc.
Generally, not legal advice, it seems the banks are able to “repair” their documentation issues so the key is to establish title problems and where the money from investors other 3rd parties went with proper documentation, recording as well as predatory lending etc.
I’ve received a notice from independent audit that payment is on it’s way. They were sent out about 2-3 weeks ago. Takes 4 to 8 weeks.
If you want to leave a temporary email I can get in touch.
Thanks for your reply Hammertime. I contacted Rust Consulting today, and we may only qualify for the settlement $ by going directly through our servicer (as we weren’t in foreclosure between 2009-2010). So, fat chance on that one! Hah. Our situation is somewhat convoluted. To email… f i n s l i c e [at] yahoo (no spaces).
I know what you mean. They’ve tried to put us all in the same cookie cutter and we’ve gone along pretty much. Lots of confusion on settlements that we now have to track for fraud etc. Got some interesting info today and will be in touch.
Has anyone successfully had their case thrown out in which Linda Green signed a release of mortgage as VP of Wells Fargo Bank? Is there a statute of limitations in Florida that would deem this document ‘useless’ in the eyes of the court? (or is it already considered ‘no big deal’?). I found the signatures of Linda Green/Jessica Leete on a separate mortgage release for a property in another state, dated the exact same day and notarized by the same person, but with radically different Linda/Jessica signatures. Hoping that’s proof enough of forgery. Would the judge even care?
Also…. has anyone pursued settlement monies from their servicers in the wake of the Independent Foreclosure Review settlement? Federal Reserve/OCC announcement here: http://www.occ.treas.gov/news-issuances/news-releases/2013/nr-ia-2013-3.html
I am trying to avoid foreclosure (though we are 7 months delinquent) and grasping at straws. Have sent along a few QWRs over the years. Hoping to avoid lengthy litigation and losing my home.
The other state issue is a non-issue, unless the NOTARY stamp is from another state. They can notarize documents for different locations on the same day, but they probably could not be two places at once. Look at the County and State in which the documents were executed, not at where they were ultimately recorded.
There have been some dismissals based on Linda Green assignments of mortgage. There was also a spate of CORRECTIVE assignments of mortgage that alleged Linda Green did not have authority in the original AOM’s to sign for entities like MERS.
Without seeing the AOM’s in question I cannot offer more help.
Document everything, keep all the envelopes too. Have you been served with a foreclosure complaint or are you just in the limbo between default, attempted modification and foreclosure?
I am sometimes on ‘foreclosurehamlet’ or ‘foreclosurewarriors’. The locals there know how to contact me.
Thanks for your reply, JamesM – JamesX. This is not an assignment of mortgage I’m talking about, but a release of mortgage that was signed (forged?) when we refinanced. Refi took place two years after original purchase, and Linda signed the release of the original on behalf of WF. The notary stamp/signature on the out-of-state doc matches the one on our release. Regardless, today I contacted their county records office and I’m requesting a certified copy. I hope to prove beyond a reasonable doubt that the release of the original mortgage was forged. Whether this matters at all, I do not know.
We’re in that ‘limbo’ stage. We have not received a foreclosure complaint or any kind of court summons, only the occasional manilla (and once, photocopied) slips on the door asking us to please call the Boa Constrictor, courtesy of SafeGuard. They sent three mod packages then stopped. I’d been reading up on other people’s trials and tribulations for a few years prior to the point when we decided to stop paying, so I ignored them figuring a mod wouldn’t even be worth a try. I do plan on retaining an atty when it comes time.
I am so glad you suggested I keep the envelopes — I have a habit of doing that! If you’d like to get in touch (and by all means I would love any advice you have to offer) you can email me at f i n s l i c e [at] yahoo … Thanks very much again for your answer!
Regulators Let Big Banks Look Safer Than They Are
============================================================================
By SHEILA BAIR
The recent Senate report on the J.P. Morgan Chase JPM +0.78% “London Whale” trading debacle revealed emails, telephone conversations and other evidence of how Chase managers manipulated their internal risk models to boost the bank’s regulatory capital ratios. Risk models are common and certainly not illegal. Nevertheless, their use in bolstering a bank’s capital ratios can give the public a false sense of security about the stability of the nation’s largest financial institutions.
Capital ratios (also called capital adequacy ratios) reflect the percentage of a bank’s assets that are funded with equity and are a key barometer of the institution’s financial strength—they measure the bank’s ability to absorb losses and still remain solvent. This should be a simple measure, but it isn’t. That’s because regulators allow banks to use a process called “risk weighting,” which allows them to raise their capital ratios by characterizing the assets they hold as “low risk.”
For instance, as part of the Federal Reserve’s recent stress test, the Bank of America BAC -0.25% reported to the Federal Reserve that its capital ratio is 11.4%. But that was a measure of the bank’s common equity as a percentage of the assets it holds as weighted by their risk—which is much less than the value of these assets according to accounting rules. Take out the risk-weighting adjustment, and its capital ratio falls to 7.8%.
On average, the three big universal banking companies (J.P. Morgan Chase, Bank of America and Citigroup C -1.02% ) risk-weight their assets at only 55% of their total assets. For every trillion dollars in accounting assets, these megabanks calculate their capital ratio as if the assets represented only $550 billion of risk.
As we learned during the 2008 financial crisis, financial models can be unreliable. Their assumptions about the risk of steep declines in housing prices were fatally flawed, causing catastrophic drops in the value of mortgage-backed securities. And now the London Whale episode has shown how capital regulations create incentives for even legitimate models to be manipulated.
According to the evidence compiled by the Senate Permanent Subcommittee on Investigations, the Chase staff was able to magically cut the risks of the Whale’s trades in half. Of course, they also camouflaged the true dangers in those trades.
The ease with which models can be manipulated results in wildly divergent risk-weightings among banks with similar portfolios. Ironically, the government permits a bank to use its own internal models to help determine the riskiness of assets, such as securities and derivatives, which are held for trading—but not to determine the riskiness of good old-fashioned loans. The risk weights of loans are determined by regulation and generally subject to tougher capital treatment. As a result, financial institutions with large trading books can have less capital and still report higher capital ratios than traditional banks whose portfolios consist primarily of loans.
Compare, for instance, the risk-based ratios of Morgan Stanley, MS -1.46% an investment bank that has struggled since the crisis, and U.S. Bancorp, USB +0.18% a traditional commercial lender that has been one of the industry’s best performers. According to the Fed’s latest stress test, Morgan Stanley reported a risk-based capital ratio of nearly 14%; take out the risk weighting and its ratio drops to 7%. USB has a risk-based ratio of about 9%, virtually the same as its ratio on a non-risk weighted basis.
In the U.S. and most other countries, banks can also load up on their own country’s government-backed debt and treat it as having zero risk. Many banks in distressed European nations have aggressively purchased their country’s government debt to enhance their risk-based capital ratios.
In addition, if a bank buys the debt of another bank, it only needs to include 20% of the accounting value of those holdings for determining its capital requirements—but it must include 100% of the value of bonds of a commercial issuer. The rules governing capital ratios treat Citibank’s debt as having one-fifth the risk of IBM IBM -0.43% ‘s. In a financial system that is already far too interconnected, it defies reason that regulators give banks such strong capital incentives to invest in each other.
Regulators need to use a simple, effective ratio as the main determinant of a bank’s capital strength and go back to the drawing board on risk-weighting assets. It does make sense to look at the riskiness of banks’ assets in determining the adequacy of its capital. But the current rules are upside down, providing more generous treatment of derivatives trading than fully collateralized small-business lending.
The main argument megabanks advance against a tough capital ratio is that it would force them to raise more capital and hurt the economic recovery. But the megabanks aren’t doing much new lending. Since the crisis, they have piled up excess reserves and expanded their securities and derivatives positions—where they get a capital break—while loans, which are subject to tougher capital rules, have remained nearly flat.
Though all banks have struggled to lend in the current environment, midsize banks, with their higher capital levels, have the strongest loan growth, and community banks do the lion’s share of small-business lending. A strong capital ratio will reduce megabanks’ incentives to trade instead of making loans. Over the long term, it will make these banks a more stable source of credit for the real economy and give them greater capacity to absorb unexpected losses. Bet on it, there will be future London Whale surprises, and the next one might not be so easy to harpoon.
Ms. Bair, the chairman of the Federal Deposit Insurance Corporation from 2006 to 2011, is the author of “Bull by the Horns: Fighting to Save Main Street From Wall Street and Wall Street From Itself” (Free Press, 2012).
Does anyone know how to get proof that the bank, trust, REMIC and or servicer has been paid AIG Credit Default Swap funds? If we could find a way to prove they received these funds, (which we all know they did, the TARP bail-out included $183 billion dollars to AIG to cover these credit default swaps), we could prove unjust enrichment and get the foreclosure dismissed, most likely with prejudice.
they were mortgage bundles and we saw this way back when they destroyed the records so much for that plan we tried to relocate this information and it was gone
so our lawyer is aware of this , he said he would be there for this and we did not need to be. So this is done deal , we paid two attorneys and the banks were paid way back when and our disabled daughter suffers the consequences of us losing our home that we moved so we could make her feel more secure.. nice world thanks
Yes km…that is what the courts are doing, you will not get the justice you have been told since we were children…It’s all a big fat lie, know that before going in front of any judge…the bans lawyers lie so you should too!!it’s a travisty and there is no end in sight!
Question.. Judge has ordered case management hearing we do have attorney and case is on docket , they cancelled last hearing the servicer why is Judge doing this is he trying to escalate the process to remove it from docket or is this to speed up eviction ?
Does anybody know if Jacob Lee Lucas, claiming to be Assistant Vice President of Bank of America, N.A. is a robo-signer?!
http://www.youtube.com/watch?v=0XkBfiuQrLo&hd=0
=============================================================================Bank of America’s Taxpayer Robbery
anybody have suggestions on mediation on a few slum propertys I am just a title researcher who can not believe my eyes.this is my first battle there are many more ahead.
I am in the middle of two abandoned forclosures I never signed the mortgage on however I hold the deeds I have tried the motion to dismiss for lack of promisory note and in Fl. they dismissed my motion. I asked the judge for mediation, it is now coming up in a few weeks.I doubt anything will be settled at mediation. forclosure mill Gladstone law in bocaraton Fl.will be sending a bank rep. from ist. bank N.A. or bank of america this is a mers transfer however its not on the complaint
any ideas? This is slum property
New York Fed Protects Bank of America From Big, Bad AIG
=============================================================================http://www.fool.com/investing/general/2013/02/19/new-york-fed-protects-bank-of-america-from-big-bad.aspx
http://www.fool.com/investing/general/2013/02/19/new-york-fed-protects-bank-of-america-from-big-bad.aspx
Foreclosure: When MERS Lays Down and Plays Defendant
Oh what a tangled web we weave, when we practice to deceive. MERS has many faces but it’s most deceitful one is when it pretends to be a defendant.
http://www.examiner.com/article/foreclosure-when-mers-lays-down-and-plays-defendant?cid=db_articles
Credit Suisse Put ‘Garbage’ Mortgages in Bonds, MBIA Says
=============================================================================http://www.bloomberg.com/news/2013-02-01/credit-suisse-put-garbage-mortgages-in-bonds-mbia-says.html
http://www.bloomberg.com/news/2013-02-01/credit-suisse-put-garbage-mortgages-in-bonds-mbia-says.html
Submitted by The South on Sat, 07/14/2012 – 00:42
http://www.dailypaul.com/244590/want-to-stick-it-to-the-bankers-did-you-know-the-day-you-signed-the-note-your-house-was-paid-in-full
If these crook Bankers were doing what they are supposed to be doing with the public debt, there wouldn’t be a need for anyone to file for Bankruptcy.
All Homes and Utilities and anything else considered ‘public debt’ is already pre-paid in advance.
Are you ready to blow your top?
Remember HJR-192 aka Public Law 10 chapter 48, 48 Stat 112?
That’s right folks. When they took our Gold, they took away our ability to actually ‘pay off’ anything. So, they had to give us a remedy, and that remedy is Public Law 10.
Remember now, ***we are still in Bankruptcy (1933).
All public debts are pre-paid in advance. That means all utilities and homes as well. When you sign the note on your home at the Bank, you need to walk out with the Deed, because your signature just paid off that house.
But the crooks don’t tell you that. No, instead, they endorse the back of your promissory note and deposit it in a secret account in your name. Then 72 hrs. later, they call the Treasury Dept, and say “Hey, someone has abandoned this account, can we have it?”, and the Treasury says “Sure, it’s all yours!”.
Then the crook bankers pillage that account for about 10 times more than the actual money that was created with your signature (remember, fractional reserve banking?), and then have the ballz to Con You Into Making $1,200.00 Payments AGAIN on that house for the next 30 years. that you just paid off 3 days ago when you signed the Note.
How’s that for screwing you three ways to Sunday?
No Joke People: You paid off the home the day you signed the Note at the Bank. It should have been over, done, no more payments, free and clear. You walk out with the keys and the deed, and the Banker is supposed to take that promissory Note to the Treasury window and Discharge the debt.
Remember, it’s not HJR-192 you use in your argument, it’s “Public Law 10: Chapter 48, 48 Stat 112 ….. That’s the Key!
Remember also: The Bank did not loan you jack $hit. They had no money to loan you, until YOU signed the Note. Your signature created the money, it’s all a con; all of it, from day one.
Listen to Rod Class explain how your signature is what creates the money in Episode 598, May 25, 2012 in the Archived shows as you scroll down the page:
http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=4…
Listen to his other shows; he’s driving home the Bankruptcy and how it’s effecting all of us. At some point in almost every show, he gets into the 1933 Bankruptcy.
And to add injury to insult, if you miss one of those ‘other payments’ that you are paying monthly (even though you already paid off the home), the greedy boogers will show up with the Sheriff and steal your home and repeat the process again.
Yes, I said they come and STEAL your home, because you already paid the home off with your signature; they are just double dipping on you.
The whole system is setup for confiscation. They are THIEVES and CRIMINALS, the whole lot of them!
Read it yourself: http://www.myprivateaudio.com/WHERE_DOES_THE_FRAUD_BEGIN.pdf
Source of above link: http://www.myprivateaudio.com/Bank-Fraud.html
NOTE: It’s not HJR-192 you want to argue, it’s: Public Law 10: Chapter 48, 48 Stat 112 . That is Law.
People are walking out of the bank without the deed. They are signing the deed over to the bank instead of putting it in their pocket when they leave. Did you think they were going to TELL YOU that you just paid off the home? And that THE BANK WAS STEALING YOUR HOME FROM YOU?
In Liberty and Beyond!
Note: READERS! ****PLEASE UNDERSTAND THAT ‘WE’ IS NOT YOU AND ME! THE REPUBLIC – our true government – IS NOT IN BANKRUPTCY! THE CABAL PRIVATE CORPORATION MAFIA, AKA THE UNITED STATES OF AMERICA CORPORATION, PRETENDING TO BE THE ‘GOVERNMENT’ OF THIS NATION SINCE 1933 IS IN BANKRUPTCY VIA THEIR GREED AND TRAITOROUS ACTIONS AGAINST THE PEOPLE OF THE united States of America and the Republic. IT IS THE CORPORATION POSING AS OUR GOVERNMENT THAT IS IN BANKRUPTCY. THIS PRIVATE CORPORATION’S DEBTS ARE NOT YOURS NOR MY RESPONSIBILITY. Apparently the author of this article is not aware of this fact.
Rex- is his oath recorded? is he bonded? Does he have pension or investments in MBS’s?
Have you had a Securitization & Bloomberg Audit? Have you talked to an attorney who understands Securitization? Have you read “Foreclosure Defense Guidebook”?
Have you been to knockoutcollectors.net?
Case attacking validity of MERS transactions, value I believe Neil Garfield at LivingLies is saying, attacking the shell game.
“Merscorp sued by Kentucky attorney general over loan assignments.
Kentucky Attorney General Jack Conway has filed a lawsuit against Merscorp Holdings Inc., claiming that some of its assignments of mortgage loans were not filed properly when property in Kentucky was sold or transferred.
As Bloomberg reported, the state claims in its lawsuit that Merscorp registered the loans under the name of its Mortgage Electronic Registration Systems Inc. unit, making it difficult for homeowners to find out who owned their loans so they could request loan modifications or prevent foreclosures.”
Couple of good cases, for Chase/WaMU. (MERS separate post)
” Finally a taste of justice coming from Michigan.
KIM v JPMORGAN CHASE BANK, NA Docket No. 144690.
Argued October 10, 2012 (Calendar No. 9). Decided December 21, 2012.
In an opinion by Justice MARILYN KELLY, joined by Justices CAVANAGH, MARKMAN, and HATHAWAY, the Supreme Court held:
When a subsequent mortgagee acquires an interest in a mortgage through a voluntary purchase agreement with the FDIC, the mortgage has not been acquired by operation of law and that subsequent mortgagee must comply with the provisions of MCL 600.3204 and record the assignment of the mortgage before foreclosing on the mortgage by advertisement. Any defect or irregularity in a foreclosure proceeding results in a foreclosure that is voidable, not void ab initio.
http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/SCT/20121221_S144690_58_kim-op.pdf“
Sign petition!
100 Days To Fix What Wall Street Broke
President Obama: Use the first 100 days of your second term to live up to your own words, “Our country cannot succeed when a shrinking few do very well and a growing many barely make it”, and cement your legacy as a President who upheld the rule of law, held bankers accountable for their crimes, and helped the hardest hit, especially communities of color, stay in their homes. We demand you:
Prosecute Wall Street bankers for stealing our homes, savings, and livelihoods
Keep people in their home by resetting their mortgages
Make Wall Street pay us back
Sign here: http://www.campaignforfairsettlement.org/100_days_to_fix_what_wall_street_broke?recruiter_id=144712
WHAT HE SAID!
@docstowork Very good points on MERS. My interpretation is that you are saying MERS can be on both sides of the fence so to speak on a mortgage.
While the securitization issue has dominated it seems from my experience that MERS can act as an agent in general in a number of ways. The MERS database is used for different reasons as well. My thinking is that the MERS records are possibly corrupted in a data context by records that have no supporting documents and records that may be manipulated. In my case MERS was not on the Note as nominee or beneficiary while records continued to exist from previous lenders/servicers. Alot of times we may be focused on MERS and trying to make sense of it when the data is garbage. On the other hand there may be cases where the procedures and local mortgage law were followed and MERS may be able to act as an agent. In my case there is a substitution of trustee that is signed by a MERS official that servicer now claims is an
“error” while claiming no harm no foul since they can correct it and non judicial foreclosures don’t require them any way. I don’t agree w/ this but that’s a whole other story while my focus is on the records that make no sense which possibly reflect a broken chain of title. Basically, my thinking is the contract question is important but we need to review what the MERS data is claiming and making sure it’s valid per local law and the Deed/Notes themselves.
@hammertime I do agree with your analysis but I’m not merely suggesting that MERS can be on both sides of the lawsuit. In many instances they are in fact a named defendant. The point I was making is that their defendant role changes the entire dynamic of the controversy.
Since MERS continues to hold ownership of the mortgage [as mortgagee] – MERS remains a party to the mortgagor-mortgagee covenant which in the absence of a decree remains in full effect. As a defendant MERS is no longer the adversary of the homeowner and is obligated [I think] as a matter of equity and common law, to provide a defense against the plaintiff’s foreclosure claim.
I do see the your point with regard to the defective MERS documents. But I think there is more than one way to compromise MERS’ infrastructure [if you will]. I would like to see what courts will say about MERS straddling both side of the lawsuit since as a defendant MERS demonstrates indifference to the homeowner by foregoing the covenant that MERS is a party to with the homeowner.
Although the covenant is “incidental” as most courts have described it, it is still a valid promise with value so much so that the security interest could not be perfected [at origination or maturity] without it.
Actually that is a good focus as well. Looks like in CA there are some changes brewing in the courts such as a verbal promise being recognized.
What we need is a good idea of exactly what role has MERS played in mortgages. It seems with all the “investigations” the data should be there. Instead it may be by lumping us all into one pile it gives them a way to sweep the fraud under the rug.
You would think thought that in such a case if MERS is working against a homeowner there would be a conflict of interest. We probably need to start pressing “our” elected officials on whether the courts are really pursuing the purpose of the laws and protecting our rights and questioning the “contracts” instead of rubber stamping them.
Macy,
There have been several definitive court cases in the last couple of years in regards to the FDCPA 15 USC, but I find the GLAZER v. CHASE decision out of the Court of Appeals for the Sixth Circuit dated January 14, 2013 to be an excellent reference because it clarifies several issues and refers to the supportive federal case law. Basically: “Nothing in this approach prevents mortgage foreclosure activity from constituting debt collection under the ACT.” See Shapiro & Meinhold v. ZARTMAN,823, P.2d 120, 124 (Colo.1992), explaining that mortgage foreclosure is debt collection under the act.
A party cannot avoid the provisions of the Act simply by claiming to be a servicer or the qualified holder of the note if the debt was in default at the time of transfer.
This is not legal advice, I am simply referring to court decisions, published decisions. I hope this helps you. Go to Google Scholar and start with the Glazer case and you will be amazed at where it will take you.
Dan
Taking assignment of a debt that is in default
Why MERS Owes Homeowners in Foreclosure a Legal Defense
I posted this article several days ago and I’m curious to get your input since so many of you have heavily examined MERS’ role in the foreclosure process.
In many instances [almost always] MERS is listed as a defendant with the homeowner in the foreclosure lawsuit but they retain their “mortgagee” title as assigned by the Lender.
Although ownership of the loan is transferred, which created the security interest for all intents and purposes, the mortgage obviously remains with MERS. I’m sure many of you understand the “splitting the note” issue, and its not my intent to attempt to bring more clarity to the matter.
However, it’s my personal theory [and I would like your input] that MERS as mortgagee has an obligation to defend the mortgagee-mortgagor covenant which MERS is in fact a party to. As a defendant, MERS should not be complicit with the foreclosing party and should by no means forego the covenant based on the the plaintiff’s allegation.
When MERS is a named defendant, it changes the entire dynamic of an already confusing contractual mortgage arrangement.
Your thoughts..
http://www.examiner.com/article/why-mers-owes-homeowners-foreclosure-a-legal-defense?cid=db_articles
REbecca: IF you have/had a CW Home Loan: you CAN get your house FREE & CLEAR. “I DID”… Here’s the judge signed court order:
http://www.scribd.com/doc/112317453/Court-Order-Winning-House-Free-Clear
ASK any homeowner OR attorney if they have EVER won a house FREE & CLEAR. If they say ‘yes’: ask to see the court order. If they stammer: YOU decide if it’s BS…!!! You MUST have help BEFORE you go to trial…
Thanks Hammertime!
Nj is a judicial state.
@Tibby – Not legal advice of course but fastest, most effective way would be bk as NJ is non-judicial from what I understand. I’ve also seen demand letters to trustee and servicer alleging fraud and to cease and desist from going forward w/ sale.
thanks Hammertime….. You would think that would work but apparently this law firm does many very questionable things with paperwork from what I’m seeing online. There is no equity for this firm to go after and they are trying to get this sale through without notifying the first mortgage holder and without listing the prior mortgage with the notice posted for the sheriffs sale online…… There is some mention that they have an arrangement with the first mortgage holder which is a LIE. Has anyone else had a similar problem with Zucker Goldberg and Ackerman or Castlepoint mortgage engaging in unethical/illegal practices?
If they go forward you can help them dig their own grave and strengthen your case eventually especially if they go forward w/ the sale or to strengthen a TRO request if it applies or other action. Good luck!
There’s only one problem with that Rex, well maybe two. The Countrywide ABS 2006 Trust had a closing date of ??/??/2006 so a transfer to the trust in 2012 is a nullity and secondly, it violates the PSA and New York State Trust Law to even attempt to transfer a non-performing Note into the Trust. Not to mention that it would make everyone in the chain of that transfer a “Debt Collector” for all intents and purposes and subject to legal action pursuant to the FDCPA 15 USC 1692. Just thought I’d throw this out there…..
Please explain how “everyone” would be a “Debt Collector” and include any documentation you have to support this.
Thank you thegrey55. I will bring this up to the judge tomorrow morning at 9am. Wish me luck!
OK…the grey 55, I am back from Court now…..told the judge about the illegal securitization and he basically told me he didn’t care. He was only looking at my case and not interested in anything the bank may have done in New York. Sale date was set for 17th April! Case closed! So much for the quality of the judges in Florida! He admitted to me that he didn’t understand securitizations!
I have a friend who is in first position on a mortgage in Atlantic County NJ. Second mortgage holder represented by Zucker Goldberg and Ackerman filed a foreclosure in 2007 stating that they were in first position. The owner has blocked their attempts to sell this property at Sheriffs sale a number of times given that they are in second position and there was some degree of fraud in the documentation submitted by the law firm who is trying to foreclose on the property ZGA.
My friend who holds the first morgage found out yesterday that Zucker, Goldberg, and Ackerman has listed this property again for sheriffs sale this coming week without any notification to the first mortgage holder. There is no equity in the property, and Zucker Goldberg and Ackerman did not disclose that the first mortgage existed to the Sheriffs office because the listing online says that there are no priors. Also, they may have falsified documents stating that the first mortgage holder has signed something allowing this property to be sold at auction. Clearly this is fraud.
What is the fastest way to stop this sale? Also, Zucker Goldberg and Ackerman may have collected from Stewart title for this mortgage because of a defect in the title. Does ZGA have a suspicious relationship with Stewart Title or Castlepoint morgage?
Thanks so much for any comments. Tibby
A bankruptcy appellate panel rules on the role of MERS. “No Splitting” MERS and Banks. The panel clarifies MERS’ role as mortgagee. This may actually help homeowners.. read and post your thoughts..
Court Decides: “No Splitting” MERS and Banks; Rule May Help Aid Homeowners
http://www.examiner.com/article/court-decides-no-splitting-mers-and-banks-rule-may-aid-homeowners?cid=db_articles
First of all I want to thank everyone here for your invaluable information. Now I have a few questions.
My BOA loan was filed for foreclosure in 2010. To make a long story short I didn’t have to got to court until 6-2012. The lawfirm was Marshall Watson so my answer had about a million reasons why it was illegal if not criminal. When I got to court they took it off the docket.
I have not heard a word from them since. I randomly check the clerk of courts to see if they have sent anything I have not received. None so far.
Since then they have changed servicers for the loan again. Also which I found strange was about a month ago I got a notice from their lender placed insurance company that they would not be insuring me anymore and the reason given was that the loan was “Paid In Full”.
Is this normal the bank would say the loan was paid in full in order to not pay the insurance? Is it legal? Is it to my benefit to prove they said the loan was paid in full and they are the ones who claimed this?
Thanks for any help.
P.S. I also see the Watson Law Firm has gone out of business. Does this mean I should file a “Lack of Prosecution”? I have never been informed by the bank they changed attorneys.
Wow…if I’m reading that correctly. Maybe your case was strong enough they’re admitting they got bailed out? Doubt they would say “Paid in Full” for insurance. If new servicer, you may have a new investor that may be who you need to deal with. You may want to read the notice over again and review county property records. If it’s your lucky day I’d sure like to see how you did it and may be time for quiet title.
I know it seems strange to me. Is there a way I can e-mail the document or post it on here so you can maybe see if I am reading it right?
You want to be careful on what you post. Redact any personal info first.
You can post files on beingmiddleclass.org and foreclosurehamlet.org I believe. You can also send to me at underwaternation AT hushmail dot com
I’m reviewing how to work with people in more collaborative fashion so could be a good test case. Hushmail has good security features if you want to create an account there.
Rebecca, I know a LOT about lack of prosecution in FL. I suggest you DO NOT FILE ANYTHING until you have talked to a competent foreclosure defense lawyer. I an not a lawyer but would like to talk to you if you have the time. I can also share the case law we have researched on the ‘lack of prosecution’ issue.
Either contact me through mutual friends on here, or via the hamlet, or post some contact info in reply.
Hi Rebecca, What proably happened is that they have sold the note. it happened to me. Four Years into foreclosure and suddenly BOA send me a notice saying that they are cancelling insurance. The mortgage was transferred to New York Mellon in trust for Countrywide ABS 2006. The transfer took place on 6.6.12. Look at myfloridacounty.com and see if you can see any transfer…..Also the case has to be dead for 10 months in florida to file for lack of prosecuition. And as soon as you file that they will file a useless motion to keep the file “alive”. Good luck….
The original owner was Countrywide, then BOA then New York Melon. New York Melon was the one who filed the foreclosure but BOA sends me notices as if they are the note holder. It was serviced by MERS and now this new servicer SPS. So the note holder and the servicer who filed foreclosure “I guess” are not even involved with my note anymore. Most of these transfers are not recorded in the court. Then to top it all off the Attorney “Watson” has closed his practice. Well made to close his practice and lost his law license for a period of time.
Furthermore SPS acts as if they don’t even know there is a pending case against me. Could they possibly file another foreclosure on me? I really hope they do. Surely the court would have to see in my favor if they do not even know what is going on and they are the Plaintiffs.
I am Pro Se because the two lawyers I did talk to wanted thousands to keep me in the house for a year. It seemed they were working for the other side. Kept wanting to make deals instead of helping me point out the fraud and so forth.
So for right now I am not making any more moves until I am notified by the court. I am not paying BOA or SPS because I have no idea if they will even credit it or are the actual note holder.
I am in awe of anyone who can keep up with this mortgage mess the country is in. Actually I am sickened by it thinking of all those who have lost jobs and homes and their health because of it.
OK I will wait the ten months to file the lack of prosecution but I do have a question. How can it be prosecuted by this firm when the firm was made to go out of business? Shouldn’t the bank (whenever they figure out who is my bank) have to notify me of a change of attorney. Also if they do choose to do that can I still use my accusations against the other attorney in that he coerced with the bank to assign the mortgage and about a thousand other things?
Independent Foreclosure Review – A Bust.. Replaced with Vague $8.5B Deal..
http://www.examiner.com/article/independent-foreclosure-review-a-bust-replaced-with-vague-8-5b-deal?cid=db_articles
I am looking to connect with anyone in the State of West Virginia that is on here, that was put into foreclosure by PNC. I read the comments daily, I dont post much, on advice from my attorney but I would like to tell everyone, this site is invaluable in the fight to save our homes!!
You are absolutely right about revival issues but here again that issue won’t effect me. The truth of my situation is that first Countrywide and then BANA tried to to take what was a position of servicer to my loan and turn it into being the originator of my loan after my mortgage company dissolved its corporation by board decree some 7 going on 8 years ago, without bankruptcy, creditors, heirs or assigns. I hold the only certified copy of the original note which has never been assigned, transfered or sold since origination so that pretty much makes BANA a thieving scoundrel that has backed itself into a corner. The running of the SOL was a God send but I’m pretty sure I’d have got them one way or another and the another is the civil end of this deal. I’m almost begging them to try and revive what they don’t have, the note. And I realize that my situation is different but not unique and many do need to be careful over issues like revival and making pre-modification payments. If I had made just one payment during the last 6 years then the SOL would have started all over again. This is not a sane man’s game that we are playing here. And I am no longer a sane man….
I am not sane anymore either. Or is it I am the only sane one in my case? I agree with you in not making payments, will they even be credited?
I don’t know if this has already made its way around, however, there may be some who are not aware of the “zombie” titles. This link is just one of the many horror stories out there; some of which are even worse. If you end up leaving your home, please make sure that you CYA with making sure you will not end up like these folks in foreclosure “hell”. These crooks just keep coming up with new ways to stick it to the homeowners. Hopefully, the legal system will eventually start consistently upholding the law. There has to be a breaking point where even bribes will not suffice. http://www.reuters.com/article/2013/01/10/us-usa-foreclosures-zombies-idUSBRE9090G920130110
Lack of notice is a Due Process violation and I’m sure your state will have the Rule 60 that trillion$infraud mentioned in his response and I believe you have 6 months in which to raise the issue of lack of notice pursuant to rule 60, don’t quote me on that, I get my rules mixed up sometimes but if you can look that one up. Where your case differs from mine is it was a judicial foreclosure like you mentioned. I gotta run for a bit but when I get back I will check out a couple things and get back to you. I just drives me to the edge when I hear these details day in and day out, I feel helpless and I that isn’t something I’m comfortable with. Good luck Mark and I’ll see what I can find.
Dan
I’m really left with no choice but to pass this battle off to legal counsel. My latest attempt at understanding all the processes and going pro se was to file a Motion to strike in regards to a Motion to change Plaintiff. The new counsel who filed an appearance for Citi ( who they are unaware represents them, althou I personally called and have written Citi) filed a Plaintiff name change Motion in Aug claiming they were given this Power to do so by an alleged Assignment of Mortgage also filed in Aug. This latest assignment however NEVER mentions Citi, it list another Bank Trust who I also have called and were told, they do not do business like this and they do not give anyone POA to sign as a VP of their Bank Trust department. So in my mind a quick Motion to strike based on what they present as their proof was in order. Little did I know, the steps are that you need to go up to the Motions court and get a time and date for it to be heard, give the opposing aholes a ten day notice and then argue before the Motions judge. Not just to file the Motion in the clerks court thinking a hearing date would be scheduled. My error. So I go up to the Motion court and am slammed by the judges clerk attempting to ask the simple procedural question of how my pro se Motion can be scheduled; being repeatingly told “you cannot come in here and play lawyer”.
The most disturbing part is I’m looking to pay. I’ve been to two recnt hearings and asked..who is the correct party to pay and how much? I’m not however going to pay an additional 7-10k of fees that are wrong and no one wants to discuss. And now that I’ve found out the lawyers have created and filed false documents , lied to the court, and there is a good chance the initial morgage holder has been compensated possibly numerous times in full. Come on. People have the notion your trying to screw the banks by not paying or want a free house. Thats not the case. There s a whole new wave of bs coming and that is with the recent sale of servicing rights. These new octupusses are moving servicing outside the US and earning millions. Good luck getting your payments processed. If you do want a stock tip, Sell your house and buy Nationstar and Ocwen. They’ve already doubled once and will again.
Getting competent counsel is a VERY GOOD MOVE, well done. You probably should have done it sooner. It is easier, and cheaper, to get things right from the start than try to unravel it in reverse.
Having said that, I have a very good friend in Florida who got a final judgement set-aside and the case re-opened because they were not served a notice of the hearing. NOTES: (a) There was not a clerks default in the record. (b) The certificate of service on the notice of hearing had the wrong address for service (c) the correct motion under the correct rule was correctly filed within one year, (d) she hired competent counsel to ague the issue before the court.
Backing up the system and reversing a judgement is not impossible but DIFFICULT. You need competent legal counsel AND to move in a timely way, AND the correct case law in your jurisdiction.
IF you are less than (X) days after the order or judgement a motion for rehearing may be in order (often 10 days). IF you are less than (Y) days after then you may be able to file an appeal, IF you have preserved the Record and the objection, or have other de novo grounds (often 30 days). IF you have the right grounds you may be able to bring a motion to set-aside the judgement (often with one year limit) BUT sometimes, in some situations you get more than a year.
So time is NOT on your side, go see a GOOD lawyer ASAP, like yesterday.
This REQUIRES competent legal counsel to sort out. Maybe even two sets, one for trial court and an Appellate court specialist.
You are trying to swim up-stream. It can be done, BUT …. here is the truth,…. it would have been better to get competent legal counsel involved BEFORE you had an adverse judgement against you. Probably cheaper too.
For FL people I may be able to offer some suggestions on what course of action to be discussing with your foreclosure defense lawyer.
It can be ten years or whatever from the date of your discovery and not the date of the event and perhaps longer and even after the sheriff sells the property, but then you could only get a money judgment as you would not get the house back from an innocent purchaser, unless you have notices filed that anyone bidding could not ignore and can prove they knew about the worthless title that the sheriff provides without title insurance or warranty.
My lack of Notice is from the court themselves in regards to a new hearing date. We rec’d the default notice after not being aware there was a new hearing we failed to attend. When I called the judges chambers the clerk said “you ve been in the program 2 years, you should have resolved this case by now” Call the bank.
While most of us involved first hand with these TBTF Banks know for a fact that there is and continues to be a bigger conspiracy in play here, those on the fringe know something is not right but the big conspiracy theory is beyond their mental reach right now. However, and I’m not saying anything about your writings becasue I’m not familiar with them, what we really need are solutions if any can be found. We all continue to share the knowledge and through this and that we become more and more aware but if we can’t do something to alter the course that we are on then perhaps we shouldn’t hope to be so well informed. Ignorance is bliss, as they say.
the TBTF banks intentionally orchestrated events so they could become too big to fail. because they also control the INTERNATIONAL SWAPS AND DERIVATIVES ASSN (which determines what constitutes a “credit event” thus triggering the payout of credit default swaps which now total $707 TRILLION dollars – more than the WORLDS GDP many times over) they have their finger on the trigger of worldwide monetary collapse and are using that power/leverage/scare tactic to BLACKMAIL the gov’ts to do as they are told… this so-called ‘random’ financial crisis has been meticulously crafted for decades. Having 3 foreclosures, i began doing extensive research which led me to write my 4th book which is online for free entitled “WE, THE SHEEPLE VS. THE BANKSTERS” . it’s on slideshare.net in 3 formats – power point for those with ADHD and the complete version in written word complete with more than 500 quotations which corroborate what I expose. my name is LAUREN TRATAR. google me and you will find it.
Hi Mark,
Colorado’s statute is 13-80-103.5 CRS 2012 and if you can access google scholar look up Thurman v. Tafoya 895 P.2d 1050 Supreme Court of Colorado, En Banc 1995 and those ten pages will give you a pretty good understanding of how this thing works without having to take my word for it. If that doesn’t work for ya get bback to me and I’ll do what I can. Oh yea, the whole IFR thing was a scam from the very beginning and only meant to keep people from looking behind the curtain once again. I doubled qualified because BANA had to withdraw from one foreclosure do to lack of prosecution and then refiled under a different theory of standing all within the time from set by the OCC for review. I plan to publicly burn any check for any amount on the 6 o’clock News that I might get from BANA due to this so-called review-the one for $125,000 might have created a problem with the burning part but I seriously doubt that anyone will see a check for much over $125 let alone $125K.
Let me know if that works for you.
Dan
Dan,
Thank you for the info. My fight is in PA that passed thru the judicial process. The whole story would fill pages. We had been attending Foreclosure reconciliation hearings thru the court periodically, but we were recently informed that due to not appearing in court in Oct 2012 (in which no court notice was given to us, honest, I’ve attended every one since Oct 2010) we have lost, bank was given ok to proceed with judgement which was filed, and now we are awating a sheriff sale date. My only recourse now seems to file bankrupcty in the next 2 wks to fend off the sale until the 8, yes 8 fraudulently signed mortgage assignments can be reviewd as well as the astronomical reinstatement figure we have been arguing since feb of 2012. We owe money, yes, that fact is not the argument. The argument is the manner in which the foreclosure was filed based on one late payment; the return of payments to reach the 3 month deadline of non payment so a foreclosure can be filed and the fact there are numerous fraudulently signed and filed documents by servicers and even lawyers to increase fees. The first lawfirm has even resigned, the inital mortgage company Citi has never heard of who the 2nd lawfirm is appearing in court on their behalf. What boggles my mind is why mortgage companies resorted to creating false documents? Mortgage assignments for the most part are a fill in form I can create in less then 5 mins. The signature by a real Citi VP of Mortgage Services takes what 5 seconds? They instead, outsource a lawfirm to create a fraudulent document and then ship it out to some donald duck in texas or OK who signs claiming he’s a VP for Citi? then files it in court. When someone goes to questions the validity, they claim dumb. They have no idea who M. Arndt or M. Mathews or M Wileman is when they dam well know they are employees of Orion Financial and are signing documents as Citi VP’s illegally. The’ve had lawsuits filed and settled already.
Some people do have a different fight and not everyone is after a free house, they just want to pay what they owe and get on with there life. Doesn’t give banks the right to break the laws.
Check and see if your state court has a trial rule 60 or a rule to allow you to file a motion to vacate which you would in the text for this title explain excusable neglect and or mistake of fact, etc as provided to have the judgment entered against you vacated as would stop the sheriff sale.
Colorado is all alone in it’s foreclosure laws and that is not a good thing, besides being a non-judicial state. Had the original lender just proceeded with a judicial foreclosure my house would be gone, or more correctly, I’d be gone. I even made the arguement at one of the Rule 120 hearings that the lender should have been required to proceed judicially and I’d bet that now they wish they had. It doesn’t help any of us that in 50 states there are 50 different ways these things get done but that’s what we’ve got work with and sometimes we get lucky. My next and probably hardest battle is still ahead and that is to get recompense out of those who fraudulently tried to remove me from my home.
Good luck to all those in this fight….
Dan
Be careful of the fights you pick and the lawsuits you file. In Florida state court, a defendant may raise as as a counterclaim an action which would be otherwise barred by the statute of limitations, if it is a ‘compulsory counterclaim’ (arising from the same contract or event). So while they may not be able to file an independent cause of action because of the statute of limitations, they may be able to resurrect the same action as a counterclaim to your action. Again this depends on the state or federal law where you are. Just be careful. Sometimes it is better to quit when you are ahead.
James,
I appreciate your comments but your way off the mark in this case. In my home state the clock starts to tick on a lenders right to enforce a promissory note as soon they file a Notice of Election and Demand. Foreclosure proceedings based on the Deed of Trust do not stop the clock from running on the Note-lender must file suit based on the note within 6 years or the note is unenforceable and the DOT is extinguished. Colorado’s 6 year SOL is a statute of repose and there is very little that will toll the time allowed-not even a Bankruptcy filing stops the clock unless the SOL expires while you are actually under the courts protection and then the lender only gets an extra 30 days to proceed. As for needing legal counsel, I have one or two who I have consulted with over the years and both are chomping at the bit to get at this if and when BANA were to try and revive this case, however, since October of 2006 I have fought this fight as a pro se litigant and by all accounts I have held off all pretenders to the throne and my castle is my own. Two Bankruptcies, 4 foreclosure filings and one suit in federal court, I’m 5-1-1 so I feel pretty confident that I’ve got a pretty good grip on the law, at least here in Colorado.
Dan
As I said, I don’t know the statute in your state, as I said it varies from state to state. If you have a non-judicial foreclosure it might, as you say it does in your state, fail to toll the statute of limitations. In a judicial state like Florida it would, toll the statute, (stop the clock from running) so it would not have expired. Obviously a non-judicial foreclosure is completely from foreclosure in a state with judicial foreclosure, and therefore affects the tolling differently. Glad you consulted competent counsel on this issue. Well done.
This is Rich…James, can we work together to gather Florida case law on this issue. My case was dismissed for”lack of prosecution”, so I am in great shape. You can call me at 561 308-3181
The Government (our government) once again showed how deeply involved they are with protecting the best interest of the TBTF Banks just this past Monday when the OCC announced that they were scrapping the Independent Foreclosure Review Program. A program mandated by the OCC and the 49 State settlement announced this time last year, without the consent of the other parties involved in that agreement and without first advising the House and the Senate of its intentions. So, after almost 10 months of taking requests from Homeowners for reviews and the deadline of December 31, 2012 only 7 days old the OCC said “Nevermind”. There is only one reason for the scrapping of the IFR program, the independant reviewers (who are now coming forward) found so much fraud contained within the Banks records on not just a few of the foreclosures that qualified for review but on almost every file they examined that it was becoming impossible to bury the truth. Our friends over at the OCC (I mean the Banks friends) should immediately be removed from the positions they hold for this cover up of the truth. They don’t really think the public is buying into this BS that the OCC has come up with a faster more efficient way to compensate the hoomeowners harmed by the Banks illegal forecloures, hell no, they just know that there isn’t a damn thing we can do about it. There needs to be an investigation into the actions of the investigators, enough is enough already. We should make this the straw that broke the OCC’s back and put a stop to this conspricacy here and now. I just had a thought about raising this issue on the Presidents web site to garner some attention, what was I thinking, Obama is as deep into this conspiracy as the rest of them. My bad….
The 2 letters from the OCC can be read on its website.
Dan
Rich, congrats on getting your foreclosure dismissed. Your issues with the Court are so common these days and disgusting to all of us who grew up in this country of law and order. I think you are on the right path, you have to keep hammering away at these Judges who refuse to abide by the rule of law. I live in a non-judicial foreclosure state where a hearing before a Rule 120 Court is required before the lender can foreclose and when it came time for that hearing the lender and their attorneys didn’t even bother to show up or to answer my 15 page brief but the Judge held the hearing and acted as the absent parties advocate and he of course granted an order authorizing the sale of my property. The only reason why I still have my home is becasue the statute of limitations finally ran out on the Banks ability to proceed on the Note. This is not to say that I didn’t do everything in my power to fight these people every step of the way. The Court will have little leeway now that the SOL has expired but all of my arguments and the proof supporting them have been glossed over and pushed to the side by the Courts up to this point and I’m not sure how to stop these Judges from corrupting the system any further other than to continue to try and expose to the world what it is they are doing and who they are doing it for. There are several good cases out there where the courts have said that Quieting Title in a defaulting homeowner is not desireable but once a homeowner can show that the Note is no longer enforceable then the issue of default goes away and quieting title in the homeowner is the only logical way to proceed. Keep up the fight, BANA is a monster that needs to be stopped and guys like you and me and thousands more like us are tearing away at them one little piece at a time,
Dan
Dan,
Can you explain more on your SOL comment with regards to the banks ability to proceed on the note? What time limitation are they under? After a year and a half of false hopes that the OCC was investigating these wrongful foreclosures thru the IFR, they scrapped the program and comment that we have “limited exposure”. You allow the Banks!, the Banks! to hire their own consultants? Are you crazy? Now, you’re going to possibly give someone who has lost their home to these illegal acts 2K? Nice. I’m sure that comes with a binder of waivers for you to sign.
I don’t know your case, I don’t know your state law, but I suspect you DON’T understand how your statute of limitations works. (Note: It varies by state).
I suspect that the clock on the statute of limitations was stopped when they filed the action against you, and will not start running again until after the case is dismissed, if it is. This is not like a speedy trial law, where they have to try the case by a specific date, It just prevents filing a case after the statute of limitations clock runs out, BUT the clock is suspended during litigation, so (a) the only amount of time on the clock is the time between default and their filing an action against you (b) it is not running and does not expire during litigation (c) it will not cause your case to be dismissed.
For the Statute of Limitations to apply, the time must have run BEFORE the action is filed, and to figure if it has expired you have to subtract any time during prior litigation by the same parties on the same cause of action.
NOTE: The proceeding is not legal advice, just an attempt to explain the oft misunderstood statute of limitations. Having read your post I can see you NEED to hire competent legal counsel in the State in which you live.
James, respectfully, you are incorrect as to SOL in Florida. I agree with you that an attorney should retained on an issue involving the Statute of Limitations. However, I have been advised by more than three law firms as to this issue.
If a foreclosure case is filed AND subsequently dismissed by the court due to bank action OR lack thereof, it is as if the case was never filed and the time(in Fl. 5 years from the acceleration of the note and mortgage) is NOT tolled.
For instance, if the case was dismissed the time keeps running. The bank only has 5 years from the notice of default to re-file, if they legally can. At that point a Quiet Title action can be instituted!
This is not legal advice, but represents the advice I have received from Fl. attorneys.
TO Rich Rendina, I replying here because for some reason there is no reply button on your post.
You are correct that in Florida there are some exceptions to the tolling of the statute of limitations, BUT the rules allow for ONLY TWO exceptions:
(a) If Plaintiff takes voluntary dismissal,
or
(b) Plaintiff is dismissed for lack of prosecution.
In both cases the statute of limitations, although tolled by the action, springs froward as if the action had never existed.
IF however, as you suggest, the action is dismissed by the court, for what ever reason, the statute is NOT tolled and the time the action was pending is not counted.
There is one other condition which causes a form of exception. If you are sued by bank A and that case is dismissed because bank A is not the real party, and then later sued by bank B, the prior dismissed action between you and A did not toll the statute because it is not between you and B.
Lee Parkerson – I take it you are in Florida. I would be interested in talking with you. The ‘locals’ know how to contact me, or contact through foreclosurehamlet or foreclosurewarriors. I have some mediation notes that may be useful to you.
well james i tried your website…. too many james if you really want to help me email
leeparkerson32931@gmail.com
danthegrey: I ALSO have/had Countrywide loans: and have WON a house FREE & CLEAR. Drop me an Email: G O I G r o u p at Gee Male Dotcom. i look forward to hearing from you.
Is it do or die day? I have an interest in this house for repairs as it has an unattended swiming pool,I fixed the privacy fence 7 times when B8C maint kept knocking it down,I even paid taxes for 2010 and much more.I hope the judge at least gives me a chance to speak up.
Do you have any update for all of us?
Are you in court as someone with a lien to protect for services provided to maintain the abandoned property or are you trying to obtain title by adverse possession or what, as it is not clear why you are going to court.
Title would be nice but in fla. you have to take what ya get
For those of you who don’t know me, I’m one of the originals in all of this mortgage BS, having started my fight in October of 2006 with Countrywide and ending it with Bank of America on December 12, 2012. The 6 year statute of limitations ran out on BANA on that date and my Note is no longer enforcable and the Deed of Trust is extinguished so although I still have to press the issue with the Courts, no one is going to come take my home. But that is not why I’m here today.
Many of us were part of a large group of homeowners who by order of the OCC were to have an Independent Foreclosure Review as part of the 49 state settlement from this time last year with the TBTF Banks. The deadline for requesting that review was extended several times. suppossedly for the benefit of homeowners effected by the improper foreclosures initiated by these banks. I personally had no faith in these reviews and anyone familiar with the process can understand why (the Banks got to choose the reviewing entity). I made my opinions known to several OCC officals and many others involved in the process and let it be known that I felt that this was nothing more than another delaying tactic, the clock is ticking on the statute of limitation for private rights of action against the Banks and will soon run out for most of us. The OCC dropped the bomb yesterday, paragraph 5 of the OCC letter released yesterday states, “As a result of this agreement, the participating servicers (all of the TBTF Banks) would cease the Independent Foreclosure Review. which involved case-by-case reviews, and replace it with a broader framework allowing eligable borrowers to receive compensation significantly more quickly”. In a word “BULLSHIT”. Now a year since the 49 state deal was done and not one homeowner has received a dime and those of us who submitted our review requested that have already been acknowledged are now being asked to wait yet again for contact from what the OCC is now calling a “Payment Agent”. Even Congress is miffed over these agreement with the Banks because nobody told them about it until the press release yesterday. We were sold out a long time ago and this is just a continuation of that judas act. Don’t be fooled people, your time to hold the Banks feet to the fire is coming to a close if it hasn’t already. I am preparing my civil action (actually I’m putting the finishing touches on it) as we speak because my deadline is June of this year, 3 years from when you discovered or should have discovered the crimes committed against you by the Banks.
Go to the OCC’s website to read the two letters released just yesterday, you can bet that the banks private entity reviewers were finding way to much fraud and criminal activity within the foreclosure files and it became way more than they could hide or deny so uncle OCC had to step in and help them out by canceling the program just as it was to begin compensating those harmed by the Banks. Disgusting.
Good luck to all those fighting to maintain what should be yours, we are not the criminals here…..
DantheGrey
DantheGrey, congrats on your successful result in the foreclosure litigation. I had my foreclosure case dismissed against B of A and was in court this week to Quiet Title since I had evidence that B of A “was paid” thru the securitization process. The Judge REF– USED to hear the case, even though we had a clerk’s default. The judge is Meenu Sasser in Palm Beach. I’m going after her until I get her off the bench…recusal, complaint to Judicial Qualifications, and Bar complaint. She also has STOCK IN B OF A!!! Any thoughts?
Question? If the Default was vacated, can they still order the sale.The West Palm Courts are just corrupt. The BofA witness could not account for the missing payments and said it probably was applied to interest. The Lis Pendens was filed for the wrong amount. She stated Bank of America owned the note. Fannie Mae owns it. Committed perjury. Judge allowed the sale. They are retired judges hired to clear the cases. I was going to get them a Bank of America plaque for their desk. They let the foreclosure mills do whatever they want.
Why MERS Owes Homeowners in Foreclosure a Legal Defense.. a must read
http://www.examiner.com/article/why-mers-owes-homeowners-foreclosure-a-legal-defense?cid=db_articles
ILLINOIS- FALSIFICATION OF LOAN APP BY BANK- TRIAL MAR 4. OPPOSING BANK COUNSEL SAYS ‘SO WHAT’? JUDGE SAYS ‘EVEN IF THEY COMMITTED FRAUD, YOU REC’D $, SO ALL I CAN DO IS RESCIND THE LOAN WHICH MEANS YOU MUST GIVE THE BANK BACK THE $ THEY GAVE TO YOU. OF COURSE, PROPERTY IS NOT WORTH MUCH NOW SO THEY ARE TIGHTENING THE NOOSE ON ME. BY THE WAY, I HAVE 3 FORECLOSURES…
ANYONE KNOW LAW WHICH STATES THEY CANNOT JUST RESCIND LOAN? IM THINKING OF FILING FEDERAL COMPLAINT, NAMING BANK EMPLOYEES (SMALL BANK) AND FILING CRIMINAL CHARGES AGAINST THEM AS A STRATEGY… ANY IDEAS?
Over 975 people have signed the Corruption Petition asking The President to establish a Commission to investigate widespread corruption in U.S. – The White House Corruption Petition can be viewed at: http://1.usa.gov/1314AzB
What to Do When You Receive a Foreclosure Lawsuit.. in New York
http://www.examiner.com/article/what-to-do-when-you-receive-a-foreclosure-lawsuit-new-york?cid=db_articles
Although this was intended to be for New York State residents due to specific laws, I may be applicable to more states.
https://petitions.whitehouse.gov/petition/compel-banks-and-mortgage-companies-properly-process-and-issue-
making-home-affordable-mortgage/SQhpjk4j
HelloEveryone, I need help in finding someone in the Hilton Head, SC area that KNOWS how to go after these people in court. I am in way over my head. Thinking that i can learn how to be an Attorney in a couple months was simply foolish. This Legalize Stuff is what i hate the most. Is there anyone out there that can GUIDE me thru this step by step?
wow so glad to see this site,I am going to represent myself (foolishly) next week on a predetory loan on an abondoned house in brevard county fla, I found the old owner on face book I have been a title researcher for 30 yrs and have never seen anything like this
This is a crap shoot, any ideas?
Lee Parkerson – I take it you are in Florida. I would be interested in talking with you. The ‘locals’ know how to contact me, or contact through foreclosurehamlet or foreclosurewarriors. I have some mediation notes that may be useful to you.
There are good para legals that will prepare your case for you as pro se, what are your issues with your loan, do you know?
How far did you get it in the litigation process..?
court today on my motion to dismiss per lack of promissory note 10 min docket hearing at 1;30
Good luck in court. I went last week to ask for an update on a motion to strike a previous motion to substitute plaintiff and got my hand slapped by Motions judge and clerk. Was told “you can’t come and play lawyer”.
just got back from the rocket docket the judge granted mediation i am trying to give gladston of boca a run on their money ist bnk,the lawer they hired did not have the file.Again, this is Fl and the house usually wins.
Al Wells: You’re getting warmer. This will surface in your audit. Call Lawrence Asuncion: 650 355 8873. Tell him ‘Kris in Kali’ sent ya. (NO, I’m NOT getting paid to tell you this). I ‘won’ my house FREE & CLEAR. Here’s the court order: http://www.scribd.com/doc/112317453/Court-Order-Winning-House-Free-Clear There are MANY things you’ll need to research before trial….
Foreclosure Fraud in Georgia
=============================================================================http://www.youtube.com/watch?v=DdK5F18GHLs
@Hell No
Thank you so much for this very valuable information. I appreciate all you had to offer.
Happy Holidays to you!
FINALLY: Someone is getting ‘warmer’. If you litigate correctly you can WIN your house FREE & CLEAR… “I DID”…!!! Here’s the signed court order (CALIFORNIA Court Decisions). http://www.scribd.com/doc/112317453/Court-Order-Winning-House-Free-Clear
LDeanTX
Has anybody ever checked to see if America’s Wholesale Lender was ever a Mortgage Electronic Registration Systems Member 2007? No where on my promissory note or Deed of Trust is Countrywide Mortgage listed. It does not even mention Countrywide Mortgage dba America’s Wholesale Lender. Where am I going with this? In order to get a MIN# according to the MERS tool kit you have to be a MERS Member. Also, MERS has Bank of New York Mellon as the Investor. Bank of New York Mellon is the Trustee who does not hold the note or physically own the property. MIN Numbers are made up by the Bank. If America’s Wholesale Lender was never a MERS Member, then how can the Mortage be a MERS Mortgage? Furthermore, the Securitized Mortgage was invested and traded. The Bank of New York Mellon is a Member but they do not hold the note and neither does the Servicer of the Loan which in my case is Bank of America.
Bank of America does not hold the note and neither does The Bank of New York Mellon because the note was supposed to be endorsed by the originator and filed with the trust before the pool closed according to the Pooling and Service Agreement. I need a Members List for Mortgage Electronic Registration Systems from 2007 which has America’s Wholesale Lender as a member.
@LDeanTX
Now HOW could a CORPORATION that did not ACTUALLY EXIST prior to 12/16/2008 LEGALLY have a membership in MERS back in 2007? (And no, the firm that is now listed has no connection to CW, BofA, BONY or BONY-Mellon.)
The MIN numbers on the loan documents were acquired apparently by good ‘ole’ Countrywide. Now they were able to do this since MERS is so loosey-goosey with ‘membership’.
So while your loan documents most likely call out the LENDER as “America’s Wholesale Lender CORPORATION” on the DOT and just “America’s Wholesale Lender” on the NOTE, it was pure scheming by Countrywide. Funding was NOT from “America’s Wholesale Lender”.
People who have contacted MERS asking about a membership in the name of “America’s Wholesale Lender” end up being requested to supply a member number. I know it is circular logic, but the MERS mumbo-jumbo has them playing the game of refusing to provide past lists of members.
If you look at current lists of the MERS members, there is no AWL listing in any shape.
Also, BONY-Mellon had lots of trouble producing any corporate resolution with MERS for America’s Wholesale Lender in the Alderazi case they fought in NY state. It was first decided in 2010 with BoNY-Mellon loosing, then lost again on appeal in 2011 (April both times).
Close reading of the ruling seems to indicate that Simi Valley could not even produce a corporate resolution with MERS for the part of Countrywide that had also supposedly had an assignment of the Alderazi loan.
MERS corporate resolutions need to exist that identify WHO was a valid signor for any particular ‘member’.
But EVEN WHEN MERS or a ‘member’ can show that they DO have any such documents, they were improperly approved. They needed to be approved by the MERS board, not the secretary.
Let me assure you, you will not see a VALID document that lists anyone who was approved to sign for “America’s Wholesale Lender Corporation”.
If you litigate, BofA and BoNY-Mellon’s lacky’s will attempt to claim the loan was really one belonging to “Countrywide D/B/A America’s Wholesale Lender” regardless of the lack of any such content on your documents. They will also try to claim the ‘AWL Corporation” and the ‘D/B/A AWL” are the same thing. All lies but you will have to convince a judge that they are lying.
Also, for any of the PSA’s, they needed to assign the loan to Countrywide Home Loans Corporation itself before it is then assigned to CWABS Inc which then was to transfer it to the specific trust (at least CWABS is involve in most of these). But the only assignment they generated after the fact, just in time to try to foreclose, is a single-step assignment to the trust, directly from “America’s Wholesale Lender Corporation”, using MERS.
They may even provide a document that lists approved sighors for one of the servicers such as Litton, but that does not mean the list of Litton signors have carte blanch to sign for all MERS documents. Instead, they need to provide the list of approved signors for “America’s Whlesale Lender Corporation”.
Let me ask…now that you comment on BoNY, in a forclosure case of my property they sued me, my loan was serviced a while back with homecomings, late transferd to GMAC who is the servicer, but when we call to ask who is the investor they indicate it is Residential Funding Corp not BoNY. On the other hand when i try to search in Mers it indicates investor has opted to not be shown. I had printed a copy 2 years ago where the MIN number showed as active and yesterday checked again and this MIN number shows as inactive, does this mean anything? How can i track who is my investor, and if BoNY who claims to hold the note is really the party in interes?
Thank you very much!
@Alex – You may want to put together a qualified written request and copy the Comptroller if an NA and/or part of the settlement. Also hit all other agencies, officials etc. Can use settlement as back up/reference as well that they need to provide you with the information of who holds the note, investor etc if not cooperating. MERS records should follow your chain of title so you should compare to any county recorder filings and documents you’ve received. They may claim they can go back and “fix” records which they may be trying to apply to any fraud they may have committed. If just a mistake they need to show money transferred or whatever the case might be. You also may need to review exactly what your closing documents etc say as to payoffs etc and if it doesn’t match what they were selling you. If multiple refis could be broken chain of title. You could include the changes in MERS records in your qwr and ask them to explain it while you do your homework; hopefully you have copies of what you queried. You also may need to go down the whole securitization path as well.
In my experience when you loan is no longer on the mers system that means they have filed an assignment of mortgage and they are no longer listed on the mortgage. They did this in my case.
Anyone use a Notice to Cease and Desist in CA to prevent foreclosure sale? The trustee used an Assignment with a probably robosigned signature with only the last name as validation of debt and has refused to answer accounting questions per QWR/RESPA. There have been a boatload of violations of the settlement guidelines since July.
Yes all of this has happen to the both of us. What is up?
Pretender lender/servicer claimed that they can’t take postponement requests within 7 days and that it requires a modification package. I’m declining to submit any documentation as they have not established standing or answered my issues in good faith.
City actions etc have me living day to day so bk is not an option and honestly will not file on principle. I may be able to get filing fees w/ court aid.
If not cancelled by noon plan to send cease and desist letter. Will leave for court w/in the hour to see if there’s outside chance to file injunction but prob not realistic.
Basically down to cease and desist it looks like or fight at unlawful detainer stage.
Found a strong Cease and Desist letter that requires recording and some others that look effective but can probably get out sooner.
If you have one that worked for you would appreciate it.
Thanks!
Do not pay a thing until your home modification is approved!! yes there is help, dont allow the scams to crush your hopes of saving your home!!
google :EASTSIDE CAPITAL FORECLOSURE PREVENTION
this company also helps GMAC customers also. We have the inside track on succesful home modifications
there number is (717)813-6409 also (717)383-0260
ask for jay or josh
hello
please click the sign tab for my petition to sechud donovan and washington and member of Obama’s cabient to end mortgage discrmination in the us . under the fair housing act of 1964. this case has gone to the white house already and is under appeal to the sechud donovan to help disabled veterans like me to stay in their homes. thank you for your consideration and signing in advance.click link http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
Dear Matt Tabbi, Rolling Stone and what MILLIONS of Victims …… The Reality IS the Whole CON / PONZI is a Government Crime Spree ….. WAKE UP …. Like Derrrrrr ….. http://www.bing.com/search?q=rico+realty++bank+looting+corruption+witham+&qs=HS&form=QBLH&pq=rico+realty+&sc=6-12&sp=1&sk=
I have a question .. what does asm bond mean in docket which bank filed in our case after they cancelled hearing anyone know?
@hell no no more bankster bailouts thanks for you slap in the face wake up call asshole! but you are right and i am searching for attorney
Why doesn’t the Govt put some of these displaced people from the storm Sandy in foreclosed homes until they get insurance to rebuild…these homes are sitting empty
Half would refuse because Fox News would say it’s socialism!
Im reviewing information sent to me form the foreclosure attorney and need any information you may have.
Original deed of trust in 2007 has Equifirst Corporation listed as lender. I have been through 4 servicers, HomEq 2007-2008, EMC 2008-2010, Quantum 2010-2012, and now AMS Servicing.
From what I can tell, in june 2009, MERS made an assignment to U.S. Bank as trustee for One William Street ( wasnt filed until 4/2011). At the same time an assignment was made from U.S. Bank to Quantum Servicing. I dont see any assignments to Homeq or EMC.
Does anyone have any experience with these guys, or have any helpful guidence. I am in the process of filing suit against EMC for some servicing wrong doing that has escallated my troubles. I am trying figure this secutitization thing out. I am in Mississippi, I do have an attorney trying to help but is not all that familure with Mortgage servicing fraud and securitization so any quidance woud be appreciated.
People- I cannot express to you how important it is to understand the Securitization issue- and to get a Securitization and Bloomberg audit. There is where all the fraud is exposed.
Google Securitization fraud- plus the links this site has is great msfraud.org is great with links, knockoutcollectors.net has a great membership site along with conference calls on talkshoe. Also- try talkshoe.com and search for dallas debt discussion. It is full of info and archived calls.
It is also very important to seek out an attorney who gets the securitization issue and a lot are learning as they see a market in the securitization/foreclosure fraud issue. Conduct your due diligence. Educate yourselves, and fully comprehend what you are dealing with.
Loan mods are a scam from what I have learned. also- get the book “Foreclosure Defense Guidebook”. It is a great resource.
Have your agent check for you. They should have changed the status to contingent or pending. Bank of America could have just checked active.
I have been in foreclosure since 2008 and in the Short Sale process for 9 months with Bank of America. My 2nd lien holder made an offer to purchase we got approval letter then 4 days later BoA reneged saying they couldn’t find the MLS listing of the property. We had untill October 31, 2012 to close …….any thoughts?
If in fc since ’08 you prob have serious problems w/ your loan. You should pro get whatever documentation you can and go legal route.
trillionsofdollars this is Beverly and I only received the referral to Stephen Golden the attorney in Pasedena I never received a refferal fo rSan Diego can you please resend it Thank you
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxwhxhttp://searchwww.sec.gov/EDGARFSClient/jsp/EDGAR_MainAccess.jsp?search_text=cwalt%202006-OA12&sort=Date&formType=1&isAdv=true&stemming=true&numResults=100&queryCo=countrywide&numResults=100 having problems leaving post but they are saying they dont know how many were sold??again http://searchwww.sec.gov/EDGARFSClient/jsp/EDGAR_MainAccess.jsp?search_text=cwalt%202006-OA12&sort=Date&formType=1&isAdv=true&stemming=true&numResults=100&queryCo=countrywide&numResults=100
ixxxxxxxxxxxxxxxxxxxxIthought that Bank of New york Mellon didn’t become established till July 1, 2007 http://www.sec.gov/Archives/edgar/data/1162717/000119312508227827/d8a12b.htm willyou check this out for me.
@ Hell No, No More Bankster Bailouts
I’m actually looking into this for someone else. The assignment of mortgage is dated July of 2009 to DBNTC as Trustee for Long beach mortgage loan trust..
The note identifies Long Beach mortgage company as the “Lender” but they are no longer in the picture as they assigned their interest to another Lender which eventually succeeded to DBNTC as trustee for the long beach trust.
But I’m not seeing that either the DBNTC or (Long beach) was licensed by NY to conduct business here. NYS DOS does not return an active record [or otherwise] for the exact name of either entity either. On the SEC website, I did see that DBNTC was issued a certification and notice of Termination of Registration. (What is that?)
Here’s a partial copy of the notice signed [electronically] by the VP Katherine M Wannenmacher:
UNITED STATES OF AMERICA
SECURITIES AND EXCHANGE COMMISSION
Washington D.C. 20549
FORM 15 – Certification and Notice of Termination of Registration
under Section 12(g) of the Securities Exchange Act of 1934 or
Suspension of Duty to File Reports Under Sections 13 and 15(d) of
the Securities Exchange Act of 1934.
Commission File Number: 333-109318-10
DATE: January 6, 2006 By: /s/ Katherine M. Wannenmacher
Katherine M. Wannenmacher
Vice President
Deutsche Bank National Trust Company,
As Trustee
Although the assignment of mortgage was made in 2009, prior to the date the foreclosure action was filed [Oct 2012], I wonder if the plaintiff’s legal standing to foreclose is compromised due to an apparent lack of statewide licensing.
Notwithstanding, in NY the courts still require all affidavits acknowledging the authenticity of the foreclosure docs.. which hey have not yet filed.
DtoW- did you find this? (Be sure to check out the “Name History”) :
http://appext9.dos.ny.gov/corp_public/CORPSEARCH.ENTITY_INFORMATION?p_nameid=2160398&p_corpid=2104893&p_entity_name=long%20beach%20mortgage&p_name_type=A&p_search_type=BEGINS&p_srch_results_page=0
(excerpt from DOS site) :
Selected Entity Name: LONG BEACH MORTGAGE COMPANY
Selected Entity Status Information Current Entity Name: LONG BEACH MORTGAGE COMPANY
DOS ID #: 2104893
Initial DOS Filing Date: JANUARY 22, 1997
County: NEW YORK
Jurisdiction: DELAWARE
Entity Type: FOREIGN BUSINESS CORPORATION
Current Entity Status: ACTIVE
@Macy I did find that listing, but Long Beach Mortgage Company is the Lender that originated the loan in 2005. However LBMC is no longer in the picture [at least in name only] since they assigned the mortgage which ultimately fell in the hands DBNTC in July of 2009. And yes they are likely a Chase associated organization.
The plaintiff DBNTC as trustee to the Long Beach trust is bringing the action pursuant to that 2009 assignment of mortgage.
I was expecting LBMC to be authorized to operate here [in NY] since they originated the loan, but the plaintiff [assignee] DBNTC as trustee to the Long Beach Trust does not appear to be authorized the conduct retail banking operations here in NY state.
So how can they legitimately service the loan? Unless I’m missing something.
One more thing.. Maybe this is a question for a clever attorney.
MERS is also named in the caption of the lawsuit as co-defendant with the borrower. However, there are no allegations raised toward MERS in the Complaint. The Complaint allegations are against the borrower.
Since MERS is technically the mortgagor, should MERS not owe the borrower a defense?
Should the borrower seek a declaratory judgment to[if nothing else] compel MERS to amplify their role in the transaction.? I’m just thinking out loud if you will.. Thanks
I
Well just about th time I was starting to get it !! Bank of America transfers serving to Bayview 4 days before sale date so date is postponed.. I call my insurance guy up and ask him who my pretender lender is HA HA HA you’ll never guess who my NEW LENDER is now what Neil now what the hell am I supposed to do? Dont they have to file some kind of purchase order or an assignment or can I be foreclosed on by BONYM if they are not the lender? Man I am getting worn down in southern california still havent retained my attorney cause I am afraid that I will pick the wrong way to stand cant qualify for mod not that I want one but hubby is unemployed engineer refied with mortgage it then countrywide then bankof america did a MRA with Mortgage it w/Douche Bank as custodian 4-5 paragraphs on how custodian will fill out lost affidavits sounds to me as though they BofA knew going in there were no notes to the mortgages they bought and now my new lender a new player in the game caught me off guard kinda stumped here so question is when a ( i dont even know what to call it it was a CWALT 2006-OA12 then it became an Alternative trust 2006-OA12 now I have new lender isnt there going to be a new piece of fraud uh I mean document rear its evil head somewhere. I am so disgusted with BOA< BONYM all of them sold out Americans and the children in these homes wow I am really disgusted. ANYWAY NEIL thank you for the effort that you have put in to help us all I really barely grasp what has happened but you are a hero in my eyes God Bless You n God Bless America Bev
@Bev Sheffer,
You are clearly in need of assistance from a reliable attorney. You don’t seem to understand that the change of servicer does not change who is actually the supposed holder of your loan.
They are simply continuing to add layers of confusion for YOU and possibly a court IF you ever get to that point before you are out on your butt.
What is your point of posting more of the non-sense they are subjecting you to? Don’t you realize this is ‘standard’ practice? Even IF you had started a request for a mod, they would use the change of servicer as cause for you to start over.
Either get the attorney hired or pack it in. I can not see that you have the skills to fight this without a good attorney.
I found an important case in Illinois that should help many homeowners. This is a big deal for Illinois.
C:\Users\PC\Desktop\DEUTSCHE BANK NATIONAL TRUST COMPANY 2005 GSAMP 2005 WMC v_ GILBERT WMC, No_ 2–12–0164_, September 25, 2012 – IL Court of Appeals FindLaw.htm
Deutsche Bank National Trust Company, as trustee for Long Beach Mortgage Loan Trust 2005-3 does not seem to be registered with the NY DOS or the NY banking department.
Is Deutsche Bank National Trust Company, as trustee, not obligated to be registered with NY if in fact the bank is conducting business and securitizing loans in NY?
Second. If there is a pending foreclosure action [in NY] which has not yet been dismissed, can the “Lender” file another foreclosure action over the same foreclosure issue? A motion by the Lender to dismiss the first action [without prejudice] is pending and returnable on a date prior to the date when the Answer to the second foreclosure action is due. Same foreclosure action, two separate lawsuits. smh.
I presume the Lender is anticipating that the first foreclosure action will be dismissed and therefore proceeded with the second action. The second action alleges in part in the complaint that
“there are no proceedings currently pending, at law or otherwise, to collect or enforce the bond(s)/note(s) or mortgage(s).” This is obviously false. Both actions are currently pending to date in the same venue.
Should the borrower move to amend the motion to dismiss with prejudice as opposed to “without Prejudice”? I understand that the former would disallow the plaintiff fro raising the same claim twice.
One more thing. The assignment of mortgage was executed in July of 2009 by Jodi Sobotta. Does anyone have any experience with this individual? Is she a robo-signer..?
Thank you.
@ DocsToWork,
A simple web search of that name shows that Lyn Szymoniak has posted information on “Fraud Digest” regarding a number of LPS robo-signers and the list includes the name of Jodi Sobotta.
But while that is of note, do not pin your strategy to simply claiming the documents were signed by a robo-signer. You will need to put a lot more effort into it.
It does sound like those two actions should never be proceeding concurrently. I question if the borrower could request that both actions be joined into one and point to the false action in the second as cause for both to be dismissed WITH prejudice. I’m not certain
You really need to have a qualified attorney delve into this mess. You need to look at the recent posts pertaining to disputing these loans that Neil Garfield has posted on LivingLies.
Thank you. I wonder if the concurrent filings provide the basis for a cause of action for damages.
It just does not seem equitable that the Lender would file two actions and not even wait for the instant action to be formerly dismissed. Thanks again.
First and foremost it sounds like you need to hire a foreclosure defense attorney who is familiar with the whole Securitization issue.
Deutsche is acting as Trustee. They are listed with the California Sec. of State which is where they are located. Long Beach Mortgage is who “probably” Securitized it- all of this info. should be on the “original” note filed in the foreclosure action. Check where the endorsements are located- usually the last page or on an Allonge. Who ever endorsed it to Deutsche would be who probably Securitized it.
Great resources for great education : Foreclosure Defense Guidebook, Study what Securitzation is, Securitization/Bloomberg audits- you could do a search on the SEC site for Deutsche Bank National Trust Company, as trustee for Long Beach Mortgage Loan Trust 2005-3. The SEC is in NY.
As for your second question- again- you need to hire a really good foreclosure defense attorney who is working for the good guys.
Best of Luck.
sorry, meant to add- long beach mortgage is who you need to do the sec. of state search on to see if they are registered to do business in your state especially on the trust closing date.
In a quote attributed to Attorney Lynn Szymoniak “JP Morgan Chase should look at those cases where the bank has supposedly assigned mortgages to WaMu, WMALT, Long Beach Mortgage Company and NovaStar trusts years after the closing dates of these trusts.”
Lynn was posting a warning to JP Morgan Chase that they should cancel numerous foreclosure actions because they were fraudulent. The Long Beach Mortgage Company Trusts are ones that JP Morgan Chase frequently securitized mortgages into.
DocsToWork, you need to look at your original loan documents to see who the original lender was. It is really possibly some entity that later was controlled by JP Morgan Chase. The assignment of the mortgage into the Long Beach Mortgage Company Trust likely was not done properly. The relevant PSA and IRS codes are typically ignored.
Have you gone to your county registrar’s office and checked for all recorded documents related to your mortgage (this includes any assignments)? Frequently the assignment into the trust is only recorded after the supposed default occurs. Pull all your relevant documents together before meeting with a good foreclosure defense attorney. The more known facts you have available at that meeting, the more you may learn right away from the attorney. Present the known facts pertaining to your case and put together the questions you have on defending your property.
Meanwhile see more of Lynn’s posts here: http://frauddigest.com/news.php
So true Hell No- A Securitization/Bloomberg Audit would also expose a lot and the info. uncovered may even blow your mind regarding the whole issue.
@TC,
“America’s Wholesale Lender Corporation” did not exist at the time of your loan closing. It was established by a different group on 12/16/2008 in NY state, which is the state specified on your loan documents if they are the ‘standard’ fake “AWL Corp” loan format. The only place “Countrywide” shows up on the documents is at the top of the first page of the DOT where it is the address for “mailing after recording block”. That area is NOT an area that identifies your lender. It actually normally is your servicer. Yeah, we had CW as our SERVICER. That does NOT make it a “Countrywide” loan when they identified a DIFFERENT CORPORATION as the LENDER.
NO WHERE in the actual document does the word COUNTRYWIDE show up otherwise in the ‘standard’ “AWL Corp” contract.
NO MERS Resolution exists for the named lender. Check out the ‘ALDERAZI v BONY-MELLON’ case in NY state from April 2010 and 2011 when it was reaffirmed on appeal.
Countrywide TRIES to control these loans via D/B/A papers that they have filed in the local states or counties. BUT for MOST of the loans, there is NO reference to “Countrywide D/B/A America’s Wholesale Lender” on the loan documents. Instead the loan papers have “America’s Wholesale Lender Corporation”. That is NOT the same entity. That is why the other group was able to establish an “America’s Wholesale Lender Inc” on 12/16/08.
Countrywide also had a trademark for “Countrywide’s America’s Wholesale Lender” but that is ALSO NO WHERE to be found on the loan documents. Those arguments will be what you MUST defend against if you fight these loans as being fraudulent from the beginning.
If you follow Neil Garfield on Livinglies, he has had full articles on these loans which he calls ‘wild deeds’. Some judges do not want to take notice of the significance to the difference in the named lender. It IS important. If you ‘follow the money” in fighting your loan as fraudulent, you will find that the MONEY did not come via any “America’s Wholesale Lender Corporation”. How the HELL could it? It did not exist therefore, no accounts existed in that name – at least, none that were really VALID. Of closings that have been checked into, the funds did not come via any “AWL Corp” account.
In the Kemp case that was fought on the east coast, AWL was on the note but I’m not sure if the DOT showed the D/B/A. Regardless, that court case highlighted other problems with the Countrywide mortgages.
TC, are you fighting? Do you know what trust your loan is claimed to be in? Did they create the typical years-too-late assignment of your mortgage?
@ Hell No,
You are correct – that’s exactly what my lawyer told me; that AWL didn’t exist. She also mentioned that this would be difficult to fight in CA but would do it and we’d have a 50/50 chance of winning if we decided to. Yes, I had read info on Neil Garfield’s as well.
I had contacted April Charney in hopes of finding a lawyer in my area. I was referred to a wonderful, helpful lawyer who did give me much info over the phone as a free consultation. I hope she’s still helping homeowners fight the good fight.
@TC,
I’m in BK court and the local BK court has not been favorable to the banksters on attempts like you and I have. There can not be any MERS Resolution to make the assignment and various other recent documents valid. This means the documents they have do not make the ‘actors’ into actual creditors, let alone SECURED creditors. Also, the assignment did not comply with the PSA for the NY trust and it was way to late to assign it to the trust.
It really can come down to the part of CA you are located in. The BK courts are more likely to demand to see that the creditors that come forward are valid. The court is aware that I contend the loan is UNSECURED, never-perfected and they know why I bring that argument.
Countrywide apparently intentionally wrote a vast number of loans that did not properly identify Countrywide as any party to the loan. It’s name was only in the ‘addressee’ location for where the recorded document was to be mailed. That block at the top of the document is typically the address of the SERVICER, which was true for these loans. Countrywide then failed to actually comply with the PSA agreements for the Trusts that had possibly advanced the funds. The funds were possibly even co-mingled from the Trusts. Then the loans were most likely used as collateral at the ‘fed’ window. Certainly, Countrywide had a way to make money on the loans by not actually transferring them at the time. This willful non-compliance by Countrywide was documented in testimony in the KEMP case.
Countrywide now Bank of America. I feel I have a legitimate case against them for breach of contract since I have a commitment letter Approving the short sale. I think I need a good attorney to file on them before my time runs out to close Opctober 31, 2012. Thought about buyer sending in the $460,000.00 and hope BoA releases the first mortgage?
Any attorneys out there interested class action lawsuit State of Iowa??
Are you actually seeing “Countrywide” named on the the Note and Deed of Trust or Mortgage as the LENDER? Countrywide was the servicer, but usually, they had some other company named on the actual loan documents as the LENDER. It makes a BIG difference.
On mine CW documents, I believe it was Americas Wholesale Lender
Original CountryWide Mortgage November 2007
Then on the Original Foreclosure Petition Filed in District Court June 26, 2008 :
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICA’S WHOLESALE LENDER
June 2009: MORTGAGE ELECTRONIC REGISTRATION
MAY 2011:
THE BANK OF NEW YORK
OCTOBER 2011:
THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS, CWABS, INC. ASSET BACKED CERTIFICATES, SERIES 2007-2
@ Al Wells,
It is really unusual for the MERS documents to use the bogus “AWL Corp” name unless the original loan documents had the SENTENCE that read “The LENDER is America’s Wholesale Lender Corporation,,,,” and went on to cite the LENDER to be a NY corporation.
Something is REALLY funky for your foreclosure to be using a name that is not on your original documents. I have never seen this variation. The document filed would not be any more valid though. The AWL that does now exist is not being represented via MERS. As I said before, NO CORPORATE RESOLUTIONS EXIST for “America’s Wholesale Lender Corporation”.
Does your NOTE have Countrywide on it too?
@ AL WELLS ,
I presume you had some ‘flavor’ of a Countrywide loan. Am I correct? 2008-2009 was the period when CA then AG Jerry Brown reached the settlement with Countrywide that was SUPPOSED to provide for a large number of loan modifications to compensate for illegal business practices. Funny thing: the state NEVER did anything when the offered-and-accepted PERMANENT modifications were abruptly supposedly ‘canceled’ by Bank of America. Many borrowers made multiple payments on these PERMANENT mods that BofA was supposedly able to ignore. Those mods were all just a ‘set-up’ to push people into a default that they could not possibly cure.
WHO is the NAMED lender on your loan documents? You would not believe it, but on hundreds of thousands of loans, the named ‘LENDER’ was supposed to be a NY CORPORATION. Only problem: that corporation did not exist a the time of the loan closings. There are court case where they have not been able to foreclose because of the naming of what is termed a ‘straw’ lender, a lender that does not actually exist.
Look at your loan documents, if your lender is not actually named as Countrywide, then check to see if the ‘corporation’ existed in the named state (ususally NY) prior to the date of your loan. In hundreds of thousands of loans, the corporation was later filed on 12-16-2008. That corporation ha no connection to CW or BofA. Many attorneys fail to look at this point. If the corp did not exist, it has no MERS resolutions to allow anyone to sign for it also. Those loans were also never perfected.
Check out your loan docs and search state websites for the filing of the named corporation.
@trillionsofdollarsinfraud
I’ve already supplied Beverly with the name of a San Diego BK attorney. The BK court rules differ even between the LA area (Pasedena is in the LA area) and other areas of the state. I know from experience having had to fire an LA-based attorney and hire a local attorney. The courts here really prefer to deal with the local attorneys who know the local system. You encounter this preference in meetings with the Trustee in Chp 13 meetings. Also, it is more expensive to utilize an attorney who does not have a local office because of the cost of the trips and the attorney has to attend the meetings with the Trustee, not just the actual court appearances. In other parts of the state, ‘appearance attorneys’ might be allowed, but my former LA attorney found out they needed to hire someone in the local area for San Diego cases.
I have an ongoing struggle with Bank of America that has been going on since 2008 when they reneged on a Loan modification and my family home of 20 years is now in foreclosure. My latest calamity is that since February 3, 2012 (9 months) I have been going through the Short Sale process at 3 different times and each time was terminated because of Bank of Americas systematic routine of “Saying one thing and doing nothing”, of doing the “Pass the file to every one including the Janitor until the client gives up” well I am not a quitter and Bank of America has a lot of questions to answer.
In my 3rd attempt at a Short Sale I was given an “Approval letter to close” by Kelly Kobelarek Kelly.kobelarek@bankofamerica.com Bank of America/Equator Short Sale Negotiator and Robyn Solars robyn.solars@bankofamerica.com 805.578.4936 Bank of America/Equator Short Sale Negotiator (SEE Attached #1) on September 27, 2012
Another letter was received October 8, 2012 (SEE Attached #2) confirming “Approval” of my Short Sale and stating it is in “Closing Status” from the Office of CEO and President Brian Moynihan. Each letter also stated that we had until October 31, 2012 to finalize the short sale approved.
Three days later Jennifer Cratch jennifer.cratch@bankofamerica.com designated Bank of America/Equator Short closer (SEE ATTACHED #3) e mailed Agent Chris Eden stating that the file had been declined no reason given. The next day I called Jeannie Torres jeannie.torres@bankofamerica.com 213.345.7760 and she said that their Compliance Committee “Just found out who the buyer was and they do not allow the 2nd lien holder to purchase Bank of America properties!”
This is completely false and nowhere in the process did they not know who the buyer was in fact Solon State Bank Mr. Neil Erusha Pres. nerusha@solonstatebank.com>, 319.624.3405 was named in the original Foreclosure Petition June 23, 2008 on the very front cover page. (SEE ATTACHED #4)
All through the Short Sale process Bank of America/Equator documents requesting information and disclosure were properly filled out and accepted by the various review committees that my file passed through….never once did someone question the 2nd lien holder as being the buyer also. In our first attempt in the Short Sale Process the Short Sale was terminated by the 2nd lien holder Solon State Bank because Bank of America/Equator would only pay $6,000.00 to Solon State Bank the 2nd lien holder for them to release their 2nd mortgage lien against the property. Solon State Bank has a recorded $500,000.00 2nd mortgage that they were agreeable to release for just $50,000.00 at time of closing to facilitate the buyer in the 1st Short Sale attempt in April 2012.
It was at this time that a Bank of America/Equator Short Sale Specialist recommended that the “2nd Mortgage Lien Holder” Solon State Bank (SEE ATTACHED #5) make an offer to purchase the property and go through the typical Short Sale process. (I have the name of this person) Solon State Bank tried to purchase the mortgage direct from Bank of America/Equator for the same terms of the 1st attempt but Bank of America/Equator Specialist insisted that the only way to get them (Solon State Bank) approved was to proceed with iniating the Short Sale process through Bank of America/Equator …..So begins the second Short Sale attempt with Bank of America/Equator begins.
Once again all the documents were sent in and reviewed for 3 months with Solon State Bank as the buyer and the 2nd lien holder on every line of every document pertaining to “Buyer” or “2nd lien holder.” Solon State Bank at this time since they were the buyer agreed to release their 2nd mortgage for the maximum allowed by Bank of America/Equator of $6,000.00 on their $500,000.00 lien.
(SEE ATTACHED #5) We were now at the Approval stage in the process and no further tasks were being requested Bank of America/Equator Short Sale Department and my agent Realtor Bill Wittig bill@wittig.com 319.631.6100 was assured all was good. On July 19, 2012 after no response to our e mails and phone calls to Bank of America/Equator Short Sale Department for weeks I was told that “File had been terminated July 9, 2012 because “I (Al Wells Realtor) was in the same Real Estate firm as the listing and selling Realtor Bill Wittig” We are not employed by the firm we are independent contractors. So after 10 days of no response to our daily inquires as to the status of our file we find out and were told “We will be sending a letter out in a couple days” I’m not sure we ever got one?
Now comes our current attempt #3 using the same buyer that we had for the 2nd Short Sale process Solon State Bank and 2nd lien holder I found a Realtor from another office that Solon State Bank agreed to use through the 3rd attempt for approval. Mr. Chris Eden Gateway Access Realty cteden@hotmail.com 319.631.3865 came onboard this train wreck.
Chris Eden, Agent submitted the same identical documents that were submitted and acceptable in the second Short Sale with the same information with Solon State Bank as the “2nd lien holder” and the “Buyer” with only the dates being changed and resubmitted for Bank of America/Equator review process.
Chris Eden Agent received “Approval letter to close” on September 27, 2012 and another letter I received October 8, 2012 confirming “Approval” of my Short Sale and stating it is in “Closing Status” from the Office of CEO and President.
Four days later as we were proceeding to close Bank of America/Equator verbally denied the Short Sale over the phone by “JEANNIE TORRES” on 10.24.2012 “We do not approve second lien holders to purchase our Short Sales” I asked Jeannie “Where does that appear on your forms, documents or 58 page Agent Instruction Manual and training videos?” her response “it’s in our INTERNAL policy manual and you will never see it” I said in the court of law all documents are requested so don’t say never.
This week I contacted Iowa Senator Chuck Grassley October 23, 2012 “SENATOR CHUCK GRASSLEY IOWA” Gary_Fisher@grassley.senate.gov 319.363.6832 and filed a complaint against Bank of America/Equator and I have also been talking with Patrick Madigan Patrick.Madigan@iowa.gov 515.281.4250 in the Iowa Attorney General’s office for the past 2 ½ years on this matter with spurts of success after Patrick contacts Bank of America on my behalf.
I have also had daily contact since Friday October 19, 2012 with Raevondolynn “Renae” Crooms
Customer Relationship Manager Office of the CEO and President raevondolynn.crooms@bankofamerica.com 800.669.6650. She told me that she had never heard of a “Compliance Committee” and is very talkative about Bank of America.
I have contacts and documents that support my case against Bank of America/Equator all I want
is to close on my Short Sale as Bank of America/Equator agreed to in their September 27, 2012 Short Sale Approval.
Can you help get this ongoing 5 year night mare with Bank of America some exposure to persuade Bank of America to reconsider their fraudulent behavior and close on my short sale to Solon State Bank immediately? I am an open book of my 5 years of almost daily conversions, please contact me to discuss.
Bank of America reason(s) for withdrawing approval; 1. Buyer is 2nd lien holder. 2. Investor reviewd aftert the approval and not interested anymore in the short sale.
Depends on you ‘goal’… I won my house FREE & CLEAR…. http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
Folks I tried to condense this but dont know what one needs to know to respond,
California – So my sale date is postponed ( received a letter from BOA CEOs Office stating sorry you are dissatisfied with customer service and at this time you are not in foreclosure and there is no sale date)
WHAT AN IDIOT – SUCH INCOMPETANCE I called the new servicer that BOA dumped on me 4 days before my previous sale date and said “WE ARE SO HAPPY WE ARE NOT IN FORECLOSURE”…. so new date is December 13, 20121 and I am researching attorneys dont know how to proceed my questions are as follows.
The basis of my foreclosure defense is forged signatures on (2011 from actual purchase June 2006 )assignment of deed of trust and also an older (2004) substitue of trustee forged including notary which laws state any documents that follow are void. The beneficiariy of deed of trust does not have legal documents to initiate or receive funds from my foreclosure. I dont even know who I should be paying . But I have seen where the judges have said it doesnt matter about forged documents. The entity I believe owns my note ( or part of) are currently sueing My mortgage payment history shows servicer mishandled missapplied or may not have applied payments received , loan modifiications principle reduction not applied till months later ( and 2 months BEFORE a signed notarized loan mod agreement) . Intent money the requested to show we wanted to stay in our home and process a loan mod was received by them but were not applied till months later. The NPV contained inaccurate entries from servicer. I received someone elses modification approval (accidentally sent to me from CEO /Pres office) where person clearly didnt qualify for loan mod – gross monthly income $2900 and $4200 going out to bills and new payment over $2000 a month ( his 2% interest rate is now 5.5% ) was approved for loan mod. After contacting the attorneys and I realize I dont know which way to go …my question now is
#1 do I file a TRO and a preliminary injunction – sue banks for fraud – one (bankrupsty) attorney said “you cant go running into court waving your fraudulent documents.
#2 file bankruptsy Chapter 13 and when “they” get in line for payment negotiations THEN we say where are the legal documents prooving my client owes you.
I dont know. I thought that forgery, was a felony and I thought that no good document could come out of a forged document. So from my 2004 executed 2006 recorded Substitue of Trustee that is forged by Assistant VP of MERS and forged by the notary maybe that document (although forged/fraud ) doesnt have any bearing on the documents that follow it??
I also thought that in order for the foreclosure to proceed that they would have to produce legal rights to proceed. I am amazed at Court is supposed to be where the law is period. But some cases sure havent worked out that way.
It is obvious from my payment history statement that the payments I have made are not applied when received , some are applied then 2 months later payment reversals, then perhaps the next month they are applied or they are never applied again???It is my understanding that my loan is not owned by them, but rather by trusts to which they/Countrywide sold the loans in the process of securitization. To pay Countrywide for the loans, those trusts in turn sold securit ies, often called “certificates” and sold in different classes or “tranches” to investors. Those same investors are sueing “them” for not securing the notes to the properties which are held for collateral. Investors themselves have stated that “they ” do not have the right to foreclose.
Do I hire a bankruptsy Attorney or an attorney that is going to sue?
IF ANYONE KNOWS THE CORRECT ANSWER PLEASE LET ME KNOW. THANK-YOU Bev
barry_sheffer@hotmail.com
With bk you may want to look into adversary proceeding. Decision will depend on benefit, claims and how strong your case is. Generally, if there is fraud, predatory lending then you will have a strong case for damages from what I understand, of course get lawyer to review but those are areas you can look into. One distinction I’ve seen is statutory vs non-statutory. TILA etc fall into statutory with possible statute of limitations. Non statutory are civil cases with no sol I understand and relate to fraud, rights etc. I emailed you some info during the week.
forgive me hammertime does your email identify you as hammertime? I got a lot of responses and I will look for yours but how will I know its you email me again k
Just forwarded email with subject of “Hammertime 10/27 Fwd: Foreclosure case”
Here is an attorney in California registered with homepreservationnetwork.com (HPN), as an attoreny/someone in the know with how to defend and fight the good fight:
stephengoldenlaw.com
224 N. Fair Oaks Ave., Pasadena, CA
626.584.7800
Let me know if this helps as I do not know how close this firm is to help you as they are now helping a women illegally evicted from her home that is disabled with cancer and had a stay from the BK court in hand when the sheriff threw her out into the street without her meds this month as reported in the Huffington Post
Help me spread the word.
I created The Chapter 13 Bankruptcy Self-File E-Guide to help debt distressed individuals file chapter 13 bankruptcy without an attorney.
Attorney fees can be out of reach for someone struggling with a difficult financial situation. Chapter 13 can stop a vehicle repossession, lower a car payment, or retrieve a repossessed vehicle. Here is a link to my e-guide. Thank you.
http://www.docstowork.com/Chapter13EGuide.html
Please give ma a call a have a few questions regarding what you just wrote. I go to foreclosure nov,7 2012
Thanks vince 609-206-0759
http://www.nakedcapitalism.com/2012/10/recovered-history-how-wall-street-funded-self-help-propaganda-greased-the-real-estate-bubble.html
depends on if ou want to ‘win a free house’ OR just ‘modify’…. http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
YOU DECIDE>….
Florida 4th DCA Affirmed. Per Curium? WHAT?????? Forgery; fraud and white-collar criminals are rewarded by the Appellate Court? WHAT?????? Case No. 4D11-203. Please…help me understand…
http://www.change.org/petitions/bank-of-america-n-a-tornado-not-our-fault-please-work-with-us-and-grant-us-a-loan-modification
(CBS News) There is a new twist in an increasingly bizarre case involving an encounter between a prominent investment banker and the LAPD.
Brian Mulligan, a Deutsche Bank executive with ties to the television and movie industries, says he was the victim of an unprovoked attack by LAPD officers in May. He claims to have sustained a broken shoulder blade, 15 nasal fractures and facial lacerations from the beating.
The arrest report says that Mulligan admitted to using marijuana and ingesting bath salts four days before the encounter. Mulligan’s lawyer said the allegations were made up by the LAPD to excuse what he called an “unmerciful beating.” The charges against Mulligan have been dropped, but he pursued a lawsuit against the LAPD. The LAPD has launched a force investigation into Mulligan’s charges and their defense may now hinge on the evidence found in an audiotape obtained by “CBS This Morning.”
According to CBS News senior correspondent John Miller, the tape reveals an encounter between Mulligan and Glendale Police just two days before the LAPD scuffle. In the tape, Mulligan admits to being “a little paranoid” and later told the officers, “I will tell you what … my lawyer will kill me … I went to a head shop and I bought some of that white lightning stuff.” He then admitted to snorting the “white lightning” up to 20 times.
White lightning is another name for bath salts, a commercial name for a synthetic drug that is similar to methamphetamine. The symptoms of methamphetamine use include paranoia, panic attacks and delusions, which, Miller says, could explain Mulligan’s alleged behavior on the night of his run-in with the LAPD.
Miller also reported that the LAPD has received the tape and interviewed the Glendale police officer involved and are satisfied that the man in the tape is indeed Mulligan. Mulligan’s lawyer had no comment on the tape. Miller added that Mulligan’s case against the LAPD will go forward but that the audiotape evidence presents “a real credibility issue” for the LA-based banker.
Listen to the full audiotape from the Glendale police department here:
=============================================================================
http://www.cbsnews.com/8301-505263_162-57532248/bizarre-twist-in-bankers-suit-against-lapd/?tag=cbsnewsHardNewsFDArea;fdmodule
New Report: Banks Gouge Working Poor & Elderly; Collect Over $31B in Overdraft Fees.. and their just getting started..
http://www.docstowork.com/Bankruptcy-Blog.html?entry=banks-collect-over-31b-in
Federal Court in Texas Rules MERS’ Mortgage Assignment Valid
28 September 2012
FOR IMMEDIATE RELEASE
CONTACT: Jason Lobo
Phone: 703.652.1660
Email: jasonl@mersinc.org
Reston, Virginia, September 28, 2012—MERSCORP Holdings, Inc. today announced that District Judge Sam Sparks of the U.S. District Court for the Western District of Texas, Austin Division, recently dismissed a borrowers’ claim of wrongful foreclosure against Mortgage Electronic Registration Systems, Inc. (MERS) and five other defendants.
In Bridges v. J.P. Morgan Chase Bank, et al., Judge Sparks rejected the Plaintiff’s claim that her loan documents, including the promissory note and deed of trust, were not properly transferred and noted that the borrower lacks standing to challenge the mortgage assignment.
In his September 21st Order, Judge Sparks found that “under Texas law, foreclosure enforces the deed of trust, not the underlying note” and held that “nothing requires a mortgage servicer to possess the original promissory note as a prerequisite to foreclosure.”
Judge Sparks further noted that “[n]umerous courts, including this one, have held that a mortgagee [borrower in this context] lacks standing to challenge…assignments as she is not a party to the assignments.”
In addressing the specific “Fraudulent Lien” allegation – that the Defendants recorded invalid assignments of the Deed of Trust – Judge Sparks explained that “[a]t least two courts have concluded allegations of a recording of an improper assignment of the deed of trust does not state a claim under section 12.002 as the assignment is not a lien as defined by the statute.”
“What’s important to note here is Judge Sparks’ clear and unambiguous validation of MERS’ role in assigning mortgages,” said Janis L. Smith, MERSCORP Holdings vice president of Corporate Communications. “It is also worth noting that he went to great lengths to explain the different elements of a mortgage – the promissory note and the deed of trust – and how Texas law addresses each in the foreclosure process.”
For descriptions of cases and other materials pertaining to MERS’ business model and role in U.S. housing, please visit http://www.mersinc.org.
###
MERSCORP Holdings, Inc. is a privately held corporation that owns and manages the MERS® System and all other MERS® products. It is a member-based organization made up of thousands of lenders, servicers, sub-servicers, investors and government institutions. Mortgage Electronic Registration Systems, Inc. (MERS) serves as the mortgagee in the land records for loans registered on the MERS® System, and is a nominee (or agent) for the owner of the promissory note. The MERS® System is a national electronic database that tracks changes in mortgage servicing and beneficial ownership interests in residential mortgage loans on behalf of its members.
Perhaps the borrower poorly framed her claim against MERS not sure if the borrower was pro se.. I wonder if the borrower’s claim should have focused more on the legal capacity of the beneficiary [Chase] to perfect the reconveyance.. provided the court emphasized that this is a deed of trust transaction.
Who are you ? Can you help me find an Attorney in San diego area to represent me foreclosure Sale date November2, 2012 have forged signatures on my Assignment of Deed of Trust (MERS to BONY) signed by Cecilia Rodriguez (court in Texas looking for her in connection with signed foreclosure docs)and on my Substitute of Trustee (MERS to JACKIE BROWN) forged by Gabrielle Beck and Janie Reid (notary) also I have 2 Loan Mod Agreements same DOC ID # different amounts signed and motorized 6 months apart (Dec 2009 / May 2010) where Principle forgiveness was applied in March 2010 ?? What the hell? Did they forget the deal in Dec 2009? Not to mention the odd fees = up to $750 per month added to my mortgage payment late charges and fee? charges. Posterchild for a MOD begging for one Skank of America stringing us along for 2 years transferred servicing to Bayview Loan Services one day before our postponed sale date of October2, 2012 when we asked why they transferred us so close to sale date the CRM from B of A’s CEO office said he didnt know anything about a transfer of service and I quote ” sounds like a third party scam to me ” unquote well of course when we called same guy again it was well Bayview is your servicer. WTH? following that is letter from CEO office stating on one page sorry you are dissatisfied with customer service…..”as of this date you are not in forclosure and have no sale date” WTH? then she includes inthe letter package somebody elses freaking loan mod docs guy makes $2900 mo bills are $4200 congradulations you are approved LOAN MOD ( downside is we are picking up the difference in % rate from your old 2% is now %5 thankyou) …God my brain is mush the clock is ticking I have the bullets but no gun I NEED AN ATTORNEY SAN DIEGO area ASAP barry_sheffer@hotmail.com
The borrower did not plead these important facts;
1- MERS never had authority to even contract with a borrower, let alone claim any right, title, or interest in any mortgage. This is express language of the Electronic Tracking Agreements.THEY GUARD THESE WITH THEIR LIFE FROM ADMISSION INTO COURT.
2- There has never been a single valid MERS Corporate Resolution authorizing certifying officers by the Board of Directors. MERS did not even exist on the date William Hultman claims the BOD allegedly granted him blanket authority.
3- The MERS BOD cannot grant Hultman blanket authority for MERS corporate resolutions, as it is strictly against it’s Articles of Incorporation, requiring them to adhere to all corporate formalities.
4- A mortgage must be given to the lender, with whom the security interest attaches upon signing, per Article 9 of UCC. The lender can then assign the mortgage. The borrower cannot assign or grant a security interest to anyone other than the secured party.
5- Every assignment can be challenged by the borrower, by the covenants of the mortgage itself, which requires the borrower to warrant and defend the title, FOR THE BENEFIT OF THE SECURED PARTY.
6- The secured party has a duty to account for the collateral, to the debtor, under UCC Article 9-209.
7- The mortgage is not a security instrument, if delivery of the instrument does not secure the obligation of payment to the secured party, under UCC Article 9. It becomes a Document of Title under UCC Article 7. Once a document of title becomes an electronic record, as MERS does, the tangible instrument (wet-ink mortgage) becomes void.
8- Under UCC Article 9-318, MERS cannot “innoculate” against assignments of security instruments, when it results from the sale of the note. The seller must deliver to the purchaser all right, title, and interest to the note and security instrument.
Ex-Credit Suisse banker arrested in UK
The Wall Street Journal
27 Sep 2012
UK authorities arrested a former Credit Suisse investment banker on yesterday in connection with US allegations that he and others at the Swiss bank conspired to inflate the values of mortgage bonds during the financial crisis.
Kareem Serageldin, the former global head of the Swiss bank’s Structured Credit Trading business, was taken into custody by the Metropolitan Police in London outside the US Embassy yesterday, according to a person familiar with the matter. The Metropolitan Police didn’t immediately have a comment when reached on yesterday.
He was among three people who were charged criminally in the US in February, but he resides in the UK. Preet Bharara, the US attorney in Manhattan, has previously said prosecutors would seek his extradition if he didn’t return to the US voluntarily.
Serageldin, a dual US-UK citizen, is expected to appear in court in the UK today and the US will likely to seek his return to the US to face charges of criminal conspiracy charge, filing false books and record and wire fraud.
Sean Casey, a lawyer for Serageldin, declined comment.
The two other men, former traders Salmaan Siddiqui and David Higgs, previously pleaded guilty to conspiracy charges. Those pleas in February marked the first successful criminal case against Wall Street executives in relation to the US financial meltdown.
A spokeswoman for the US attorney’s office in Manhattan declined comment.
As the US real estate market began to deteriorate in 2007, Serageldin and others allegedly began manipulating the value of securities backed by mortgages in a trading book, known as ABN1, federal prosecutors in Manhattan said in the criminal indictment of Serageldin. They allegedly did so in order to give the false appearance the ABN1 book was profitable and in order to secure significant year end bonuses, prosecutors said.
Mortgage portfolio valuations lay at the heart of the financial crisis and market turmoil of 2008. Investment banks took hundreds of billions of dollars in write-downs of their mortgage portfolios after the real estate values plummeted.
Credit Suisse, which wasn’t charged in the matter, terminated Serageldin and the other men when the alleged misconduct was discovered in 2008.
– Write to Chad Bray at Chad.Bray@wsj.com
(Bruce Orwall in London contributed to this article.)
Read more at The Wall Street Journal : [ http://goo.gl/tSZtJ ]
Don’t know if any of you have seen this..:-(This is almost more than I could bear, after 11 minutes I had had enough…THIS is the man who is supposed to be insuring that white collar crime (can you say bank & investment firms CEOs?) doesn’t pay, under his LEGAL ADVICE, it pays & pays & pays…..and pays via deffered prosecution…can you say STAY OUT OF JAIL???, just pay a fine each time…this is sickening..;-(
http://stopforeclosurefraud.com/2012/09/22/the-role-of-deferred-prosecution-agreements-in-white-collar-criminal-law-enforcement/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+ForeclosureFraudByDinsfla+%28FORECLOSURE+FRAUD+%7C+by+DinSFLA%29&utm_content=FaceBook
.
Bank’s foreclosure mistake leaves couple’s retirement home in ruins
=========================================================
http://abclocal.go.com/kabc/story?section=news/local/inland_empire&id=8799822
It’s laughable of the widespread fraudulent signatures that continue and no State AG’s seem to care. Is it ok if I submit a sastifaction of mortgage and sign these aholes name as well and file?
Hi Everyone, I would really appreciate if some of you heavy-hitters would go slap around the trolls on this comments section for this article, I’ve been hitting them pretty hard for the last couple of hours, but now the site has stoped me from putting anymore stuff in..:-) Hugs all around, Penni
http://www.washingtonpost.com/blogs/post_now/post/march-down-u-street-nw-protests-pending-eviction-of-pastor-from-dc-home/2012/09/06/d5cd1064-f839-11e1-8b93-c4f4ab1c8d13_blog.html
Citigroup, Goldman, UBS Sued Over Mortgage-Backed Bonds
==================================================
http://www.bloomberg.com/news/2012-09-05/citigroup-sued-in-new-york-over-137-million-in-mortgage-bonds.html
SEC Investigating ResCap for Possible Mortgage Fraud
====================================================
http://www.mortgagecrisiswatch.com/2012/09/05/sec-investigating-rescap-for-possible-mortgage-fraud/
If indications are correct Ohio will lead the way in taking down these rogue banks that have misused the privilege we the people gave them to live off of the interest on the labor of hardworking Americans. We will have to use the full force of the law to deal with this menace.
Can’t thank people like Gretchen Morgenson enough for exposing the fraud and greed still prevalent in our society.
http://www.nytimes.com/2012/09/02/business/fair-game-mortgage-registry-muddles-foreclosures.html
It’s all part of the Agenda 21 plan…localize the governments into smaller more compact units, have them seize the land and then ‘relocate’ the people into ‘urban centers’..better control that way…and yes, the banks are behind it , much as they say it ‘would be unfair to the INVESTORS & then of course the people who would have to pay higher interest rates”..yeh right, IT’S A LIE! IT IS DISTRACTION & THE — USE OF REVERSE PSYCHOLOGY ON THE MASSES….what is UNFAIR is that the corrupt bankers, lawyers , court officials (judges) don’t really have a legal leg to stand on other than what WE allow them to get away with! What is UNFAIR is that the vast majority of people do not yet realize that THERE IS NO INVESTMENT, all the investment money is GONE, it’s offshore in bank acounts $16 TRILLION gone…from our economy, the FED is corrupt as well & needs to be stopped, not renewed, a new monetary system needs to be introduced and implemented and the people all over this country need to get their ire up and their asses in ggear & BECOME A FORCE IN THEIR LOCAL GOVERNMENTS…this is the ONLY way that we will be able to stop the accelerating downward spiral of our communities & country as a whole…
Banks may soon be using Eminent Domain to seize homes if some local governments have their way.
http://www.docstowork.com/Bankruptcy-Blog.html?entry=a-controversial-plan-to-stem
Doesn’t mean we shouldn’t keep on keepin’ on….yes, the overwhelming evidence of corruption is blatant, yes, it SUCKS BIG TIME, yes it is discouraging, humiliating and despicable…BUT…there will eventually come a time, whether or not it will benefit us directly with what we are dealing with in the present, that this evidence will not only benefit someone, but will work to the detriment of those SCUMBAGS WHOSE ASSES WE WILL KICK FROM HERE INTO TOMORROW!
That is what I am looking forward to.
Now is the time to put in your 2 cents to the Consumer Financial Protection Bureau, they are asking for comments in order to make regulations to keep mortgage servicing agents accountable.
Here in NYC , five appellate judges, Saxe,Friedman,Moskowitz, Freedman and Richter
LIED
and changed the dates my case Marilyn Lane v. Astoria Federal S & L was in
The Southern District of Federal Court from the true date of May 8 1997 THRU July 29 1997 to something the five judges made up so that the void ab initio judgments signed on June 30 1997 in NY state court without jurisdiction looked valid and that NYC judge Alice Schlesinger COULD TAKE A BRIBE FROM CORRUPT Fidelity National Title attorney Thomas P Malone and Corrupt Attorney David K Fiveson of a scam title company he called Coronet Title AND perpetrate TITLE FRAUD.
Even though NEW YORK CHIEF JUDGE JONATHAN LIPPMAN decision states this is not Constitional – they are still in my two condos.
DOCUMENT EVERYTHINGYOU WANT WHEN YOU GET CORRUPT JUDGES YOUR DOCUMENTATION GOES OUT THE WINDOW.
@ conlaw3 I thank you for that suggestion VERY much! I will do it.
Her ADVICE IS GOOD, SHE JUST STOPPED A LITTLE BIT SHORT. each of your witnesses should individually describe what they observed in the court room AND MAKE A NOTARIZED STATEMENT ABOUT IT. yOU SHOULD THEN file it in the record for purposes of your appeal. Remember this, if its all you take away from this, you are in the lower court to register all your issues for appeal
Bank of America Lawyer Alleged to Assault Others During Deposition Proceedings
=============================================================================
http://www.prweb.com/releases/2012/8/prweb9852291.htm
NM – so did you all hear about Bank of America giving foreclosed homes to injured war veterans? Wow, talk about spin – they certainly are the masters. Makes me sick because the only reason they are doing this is because the public is disgusted with them. Doesn’t change what the banks have done but watch it shift the view of the American public. Breaks my heart how swamped we all are and how hard it is to really make change.
🙁 g
I personally think it is another stall strategy to keep heads from rolling and to pit illegally foreclosed-on homeowners against vets…? I know it sounds good, but how the HELL do you GIVE AWAY HOMES YOU CAN’T PROVE YOU OWN??????? the bankers are just not wanting to meet the axe that is coming their way, they want vets to NOT protect the people who are going to be at the governments throat for the destruction they have caused. Once the elections are over..no more ‘mister nice guy’ GIFTS from either wall street, OR our government…I would assume those homes they will be giving away are the ones they have no legitimate paper trail on.. I would highly suggest that you all watch this vid, it is coming down soon, it has been in motion for years, we just weren’t paying any attention….;-( Penni
This vid helps explain the MILLIONS of illegal foreclosures every year, also the expenditures of local governments ( despite public outcry or voting AGAINST more local indebtness for decades to come) to build up their courts, their police forces and leasing all the blm land in your state for Oil & Gas ‘development…
July3 , 2012 Alex Jones & Rosa Koire
http://www.youtube.com/watch?v=1YccTUy96vI&feature=related
This just shows that God can make good out of any bad situation, regardless of B of A’s intent it will be a benefit to those soldiers.
I agree justice but what breaks my heart is how misleading this is to the public. in my opinion, this is somewhat of an example of what some try to argue for the invisible hand of adam smith and how the market will manage itself but what i see is massive manipulation and soldiers dying daily for economic greed. maybe my glass is half empty this week! monday kicked my ass emotionally and physically in court though for now i have prevailed. just having a hard time trying to stay in the solution of hope rather than the defeat of disgust.
🙂 gari
Good summary on standing, holder of note etc
Standing Updates
By Tiffany Sanders on August 22, 2012
See the online link to Max’s site on Standing: http://newsletter.maxbankruptcybootcamp.com/2012/08/standing-updates/
The most recent updates includes several new cases on “holder of the note” standing:
In re Knigge, 2012 WL 1536343 (Bankr. W.D. Mo., April 30, 2012): The creditor, as the party in possession of a promissory note endorsed in blank, was the “holder” of the note and was entitled to enforce the note; while the deed of trust referred to in the note required the debtors to perform a variety of undertakings beyond the payment of money, such as “occupy[ing] the property, refrain[ing] from wasting or destroying the property, maintain[ing] insurance on the property, and giv[ing] notice to Lender of any losses relating to the property,” these additional undertakings did not undermine the negotiability of the note under Missouri law.
In re Griffin, Case No. 11-1362 (9th Cir. B.A.P., April 6, 2012), appeal filed, Case No. 12-60046 (9th Cir., filed June 18, 2012): The stay relief movant’s providing a copy of the Chapter 7 debtor’s promissory note, along with a declaration stating that the copy was a “true and correct copy of the indorsed Promissory Note,” was sufficient to demonstrate that the movant was in possession of the note. Under Fed. R. Evid. 1003, “[a] duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original,” and the Chapter 7 trustee had not presented a genuine question as to the note’s authenticity such that the original would be required; since the note was properly endorsed in blank, the movant was a holder of the note entitled to enforce it.
continued
In re Balderrama, — B.R. —-, 2012 WL 1893634 (Bankr. M.D. Fla., May 16, 2012): In Florida, standing to enforce a note depends on the type of negotiable instrument the note becomes upon execution. If the note is endorsed in blank, it becomes a bearer instrument and can be enforced by the party in possession, regardless of how that party obtained the note. When a note is payable to an identifiable party, however, the instrument becomes a “special instrument,” and only the party or its assignee, specifically identified as the proper holder, i.e., the holder in due course, may enforce the note. Here, because the movant claimed that it held a special instrument specifically endorsed to the movant, it needed to prove that it was a holder in due course.
In re Fennell, 2012 WL 1556535 (Bankr. E.D. N.Y., May 2, 2012): A party holding the debtor’s mortgage note endorsed in blank is entitled to enforce the note and has standing to move for relief from stay.
Here’s response I received from the settlement monitor. Can’t intervene on individual basis but may force stronger enforcement if we engage the process.
Grey area that we may be able ot push is that funds are set aside for legal aid etc. How exactly does that fit in if they can’t intervene?
Thank you for reporting your loan issue to the Office of Mortgage Settlement Oversight. We appreciate your time and willingness to help inform the settlement’s monitoring process.
As the Monitor, I cannot intervene with the servicer on your behalf. However, the information you have provided is very important because it allows me to see firsthand how servicers are treating their customers. If a number of consumers are experiencing similar problems with a particular servicer, this may represent a pattern or practice in violation of the agreement that I need to investigate further.
With your participation, I can better enforce the mortgage servicing standards outlined in the agreement, which helps make the settlement more meaningful for homeowners across the country.
Thank you again for your help.
Sincerely,
Joseph A. Smith, Jr.
==============================================
Office of Mortgage Settlement Oversight
301 Fayetteville St.
Suite 1801
Raleigh, NC 27601
Our telephone:
919-825-4748
HIRE a Court Reporter and have witnesses come with you to court…at least that will give you evidence for an APPEAL…without it, your even more screwed….just some advice from the one who went before you….then, call your county and ask if they are using the eminent domain stratagy to save homes and stop these bastards!!!
I can tell you’re pissed, I am too…my fighting to my last breath is not just to keep my home, but my liberty, my life and the lives of other people, including my daughter & grandson…the scope of the problem we are all facing is MUCH< MUCH larger than just the ripping off o flands & properties from homeowners and tenants…I am talking about the ability to live…to survive without fear, to regain the lost freedoms which have been stripped from the contitution & bill of rights, I am talking about being able to live well & prosper in a country where the governmetn is no longer FOR the people, but corporations. I am talking about everything that I hold dear in my life, not neccessarily my house or my little 1/4 acre of land. What I am willing to fight for is the justice that MUST take place, changes that MUST occurr. I am not going to spend my life trying to hold off an illegal eviction, altho I do appreciate your suggestion about hiring a court reporter, I did have 4 witnesses in court with me last time, I don't know if it will help my case that they were able to cleearly see the corruption of the rule of law that went on while we were there, but it certainly made me feel better to have friends behind me in the seats..:-)
What is occurring in this country is happening all over the world, because of the same people, the dame banks and the same investment firms, we are up against a 'cult' of people who have little regard for human life, mush less human dignity…they are right now instituting a plan to start a New World Order…it has just been happening in the last couple of decades but for a couple of hundred years, they have now reached the pinnacle of their power and are bringing it to bear upon us.
Will a civil war break out becuase of this? It obviously has in other countries, whether or not the numbers of Americans will actually stand up will be equal ot the task is yet to be seen..I will be one who stands, till my last breath…:-)
To Penni and all the other noble souls on this forum. Please keep a watch on this page. I am hearing of some (non-violent ) collective action campaigns that are being organized in Ohio in conjunction with the Occupy groups. Here is a sample question that is being asked:
Is it true that the majority of the mortgage loans made by Banks are made from virtual money created by the Fractional Reserve system administered by the Fed? In other words only a small percentage of the principal you borrowed is from real deposits. If this is true the banks can and should be reappraising housing values on a mark to market basis, should they not?
They are working on uncovering the numbers and exposing the truth behind the operations of the overgrown finance industry that has been holding on to the reins of society much to its detriment, and how the people are going to take it back – all together, all at once. A few thousand people will be needed for these campaigns so please be ready when the time comes to stand up and be counted. More to come…..
Her ADVICE IS GOOD, SHE JUST STOPPED A LITTLE BIT SHORT. each of your witnesses should individually describe what they observed in the court room AND MAKE A NOTARIZED STATEMENT ABOUT IT. yOU SHOULD THEN file it in the record for purposes of your appeal. Remember this, if its all you take away from this, you are in the lower court to register all your issues for appeal
you can stand up for your rights all you wish…fight to your last breath and blah blah blah throught the corupt court system…however, when you see the notice to evict on your front door when you return from taking your kids to school, even as you are continuing to submit another pleading or motion…the reality will smack you in your face that you read my experience on this forum and thought of me a negative!!! I’ve just been where your at and down this road is not working!!! You are all right, however, it doesn’t matter…
I might suggest contacting your county clerk or city hall and ask about the eminent domain stratagy many counties are now considering…the counties are out millions of dollars and going bankrupt because of the non filing of transfers, assignments etc. becuase of MERS so this is what hey came up with to fight back! Read about that direction and stop wasting your lives fighting in the courts!!! I’ve fought your battle and know all too well how MOST will never win…even if it is your last breath…the sheriff is coming and WILL throw you out!!!
HAMMER, THIS MAY GIVE YOU AN ARENA TO DO JUST THAT! PENNI… CHECK THIS OUT!!!
http://www.cjholmes.com/website/blog/default.asp?Display=3824&title=CJ-Holmes-Radio-Show-Press-Release
Thx…great that it’s dedicated to the housing crisis.
THIS JUST CAME IN TONITE FROM ONE OF MY OCCUPY GROUPS!!1 IT’S THE FIRST CALL IN SESSION EVER OVER FORECLOSURE FRAUD, JOIN IN IF YOU CAN!!! CHECK THIS OUT!!!
http://www.cjholmes.com/website/blog/default.asp?Display=3824&title=CJ-Holmes-Radio-Show-Press-Release
I applaud all on this site for your continued sharing…that is what it was created for! To read that you will fight until your last breath and we have rights and it’s our land for our children and on and on just shows you have not yet had the courts do what they do to protect the Banksters….no matter how much fraud, lack of standinb, not the party of interest and no frggin note, when the Judge has had enough, your case will be lost by anyway the court sees fit….then another court will grant the foreclosure, with no jury and no court reporter (unless you know to hire your own in advance!) …when your years of fighting for what rights you thought you had come down to finally realizing the courts are ruling against you and a sheriff will be at your door soon, then you tell me how you will fight with your last breath? Wake up and go in another direction…the courts are corupt and only 1 in a million may ever win…try contcting you county clerk or city about the eminent domain stratgy?? Anything is better than fighting in court. It’s like trying to run a race and the judge has tied your shoelaces!! Don’t disbelieve me…( am sharing my experience and as hard as it may b to grasp, its the trith…
This article explains the court case here in Oregon, the issues, relating to MERS, and begins to describe the significance for homeowners
http://www.oregonlive.com/business/index.ssf/2012/07/in_victory_for_homeowners_oreg.html
There is always good information available at projectreconomy.org about fighting foreclosures in Oregon. While each state has its own laws. MERS is a national system that has left itself open to fraud and abuse. This case effectively requires sixty percent of homes in danger of foreclosures to be reviewed in a court. So, even in a nonjudicial state, the courts may require litigation when the chain of title breaks down and the mortgage documents lack legal signatures.
Great info. Exactly what people need to understand about MERS. No needs to fal into the is technology good/bad trap debate.
Again you (generally speaking) need to be aware if you fall into the 40% that “comply” and review other issues such as predatory lending etc
Has anyone seen this yet?Isn’t it about time to start a HUGE class action against not only JPM?Chase, but also any of th e’court officials , foreclosure mills & anyone else who had a part in this for illegal foreclosures since sept of 2008?????
OUT OF THE MOUTH OF JP MORGAN CHASE: SCHEDULE OF LOANS PURCHASED FROM WAMU DOES NOT EXIST; NO ASSIGNMENTS OF MORTGAGE, NO ALLONGES OR ANY EVIDENCE OF TRANSFERRING OWNERSHIP OF LOANS FROM WAMU TO CHASE
http://afnetwork.org/emails/268925?s=de20e9af
I did, still catching up but looks like a key case if it doesn’t get swept under the “mistake” rug..
Here is the BLUEPRINT that shows the INTENT to defraud and to file foreclosures from the INVESTCO prospectus from Wilbur Ross company. they PLANNED to foreclose (see below) due to the tax advantages to the prospectus. It was designed cradle to grave to steal the property and not get taxed on it. \
Foreclosure Property
Foreclosure property is real property and any personal property incident to such real property (1) that is
acquired by a REIT as a result of the REIT having bid on the property at foreclosure or having otherwise
reduced the property to ownership or possession by agreement or process of law after there was a default (or
default was imminent) on a lease of the property or a mortgage loan held by the REIT and secured by the
property, (2) for which the related loan or lease was acquired by the REIT at a time when default was not
imminent or anticipated and (3) for which such REIT makes a proper election to treat the property as
foreclosure property. REITs generally are subject to tax at the maximum corporate rate (currently 35%) on any
net income from foreclosure property, including any gain from the disposition of the foreclosure property,
other than income that would otherwise be qualifying income for purposes of the 75% gross income test. Any
gain from the sale of property for which a foreclosure property election has been made will not be subject to
the 100% tax on gains from prohibited transactions described above, even if the property would otherwise
constitute inventory or dealer property in the hands of the selling REIT. We do not anticipate that we will
receive any income from foreclosure property that is not qualifying income for purposes of the 75% gross
income test, but, if we do receive any such income, we intend to elect to treat the related property as
foreclosure property.
Another piece of the puzzle we’ve heard about but this nails it down with an actual case.
I wonder how the investor lawsuits fit in when they go after servicers and lender.
Talk about having the Court House door slammed in your face and how discouraging it becomes, day after day, then month after month and now year after year. Here’s a quick story….
Here in Colorado we are a non-judicial foreclosure state that requires that a Judge issue an Order Authorizing Sale in what’s called a Rule 120 Hearing after the, whoever, files for foreclosure and then we have elected and appointed trustees, one for each County, 52 in all.
Anyhow, most of the time the homeowners don’t show up for the hearing so the Banks lawyers get a freebee and the OAS is granted out of hand by the court, a sale date is set and a couple weeks later the sale is held on the court house steps outside the back door and a month after that you get evicted. If you show up for the hearing the Judge asks you when you made your last and bango, your in default and the OAS is granted and the outcome is the same.
So this time I put together a 15 page brief in objection to the Banks claims, with 11 exhibits, 6 subparts and 2 certified documents from the Clerk and Recorders Office. Fraud on the Court, standing issues, not the proper party in interest, etc., etc.. I serve the Petitoners and show up to court, early on the morning of the hearing.
The Judge asks me if I’m ready to proceed, I step up to the lecturn and say yes, look around and I’m the only one there, no Banksters, no lawyers, just me. The Judge says, “Guess maybe Petitioners didn’t think I would let you proceed over the service issues, technical, Judge rules in my favor over that issue and decides to proceed with the hearing absent the Petitioning party. Make matters worse, he decides to advocate for the absent party and pulls a few rabbits out of his robe, issue and arguments that weren’t even being raised by me and especially by the other party who never even answered my brief in objection.
I know, I said this was a short story. Almost done but have to continue on next post.
Hi Dan C. – I have almost the same stuff happening (in Colorado) tommorrow – please, you have got to finish your story so I know what to expect – please, please write the rest of it ASAP. TNX!!!
Hi Deb,
Didn’t get back to this until just now. How did things go for you in Court today? I know how most of them go and I hope your’s turned out different.
I’ve got some information for you if the Rule 120 hearing didn’t go in your favor. There is a way you can seek, two ways actually, a review of the 120 hearing and after that goes against you you can appeal those decisions. It’s a back door into the court house but better than being locked out completely.
Just let me know.
TheGrey
Okay, so 45 minutes later and after the Judge produced a copy of the original note, never did figure out where he came by that, someone had to have an ex-parte meeting with the Judge to hand that off because I was never given an opportunity to question the authenticity of the submission prior to its apperance in court. But the Judge gets put on the spot when I ask him to turn to the last page of the Note and tell me what he sees there. Judge say, “Nothing,” and I say, “Correct, your honor.” Not one assignment, transfer, successor or heir, listed on the Note that I signed in 2003 and the Judge states for the record that the Note is missing 2 if not 3 endorsements necessary to substantiate the position of the party claiming to be the holder of the note. But that’s okay, says the Judge, because the Bank is foreclosing on my Deed of Trust and not the Note. Petitioner’s motion granted.
That was the sound of the Court House Door being slammed in my face while my foot was still on the threshold, and to make matters worse, A ruling in a 120 hearing is not considered a final judgement and is, therefore, not an issue for appeal.
I have the 45 page transcript of that hearing, a page a minute and I read the damn thing at least once a month just to get fired up and go back to work on my newest arguments.
The long short story for those who were wondering how they do things out here in the Rockies. Retreat, Hell……
TheGrey
Wow. No one way is the right way since courts can be corrupted as well. As someone said we gotta try all the angles. At the same time as well. Gotta use quantum physics! Watched PBS yesterday.
Seems all the recent MERS cases recently should make clear the Deed is worthless without the Note unless I’m missing something.
Weren’t there a bunch of FL conflict of interest cases w/ judges?
Hang in there.
My e-mails to AG Harris keep coming back undelivered. Does anyone remember or know where I can find Ms. Harris’ direct e-mail address?
A year or less ago her address was listed on one of these sites so people could directly send e-mails to her in support of her position against the quick fix 50 state settlement with the Top 5 TBTF Banks. Well, she caved anyhow, along with the rest of the hold outs.
Let me know if you’ve got that address, I’m trying to get my second complaint to her directly concerning BANA’s California Assignment and Acknowledgement fraud Conspiracy being run out of Countrywide’s old office’s there in southern Cali where the whole damn mortgage, MBS, credit default swap, housing bubble cluster duster deal was perfected in the first place (Angilo Mozilo).
Can’t get a response from the AG’s Fraud Div. but that doesn’t surprise me none.
Later folks,
TheGrey
That would be nice to send her a massive petition if the aid doesn’t come soon!
My experience was to send a QWR to disputed lender in last ditch effort to stop a sale in July and I sent copies and complaints to my Congressman, Assemblyman and County Supervisor.
They all took time to speak to me and opened their own cases. County Supervisor forwarded my information to the County Consumer Affairs and they opened a Real Estate Fraud case. Congressman’s office is monitoring my communication w/ the Comptroller. Assemblyman’s office made a personal referral to AG and said they were going to contact me personally. I will make my judgement when next round is completed.
There was interest in a letter I included regarding former AG (Gov) Brown’s actions against Chase in 2010. It was signed by a Deputy Attorney General Benjamin Diehl Benjamin.Diehl@doj.ca.gov Maybe you can try there.
I hope to report on what the results will be from next round of communications and will publish details then.
Last I checked there was no monitor assigned or way to submit complaints through national settlement web site which is still dependent on lender.
Let us know if you try similar approach and/or what kind of responses you’ve rec;d from AG even if it’s a non-response.
For now CA is behind Massachusetts in it’s implementation.
Thanks.
Harris as a page on facebook, find her there…:-)
Thanks Penni,
Dan
@Elyse – You got me going on here around three years ago!
Sorry it hasn’t worked out but I agree for a need to do something different. As others have said even if we “lose” we can make this bigger than our individual case. As someone said we need to keep in mind civil rights issues of the past and make this a rights issue as much as possible. In that context we’ve done alot. The GOP denied us any aid at all when the banks were behind the crash but were too big to fail, then the administration didn’t want the settlement to have ANY teeth to it. Has very little teeth but we can take civlil action that banks and their allies in Congress did not want to allow. The AGs that took action did so because they got pressure from homeowners and their advocates.
I like the idea of a conference or some action before the election. If we can build to that we can make a real difference. We do need funds, coordination and we could leverage the internet to do that. I’ve approached this site and others that are legal/reserach oriented with little response; some very good people have also provided great information and support.
In fact the settlement allows for education funds etc. We have to make sure it doesn’t go to the modification non-profits/lawyers merry go round.
I need to focus these next couple of weeks on whether I keep going on my case but want to pursue these ideas.
@hammertime…dont give up,go at this at ALL angles,involve all you can,bring this FRAUD into the light,for every homeowner that gives up or quietly settles with crooks is a MAJOR blow against what is trying to be done here..im placing a sign in my yard stating the fraud that i CAN prove against chase,its not a major blow to that bank but maybe someone about to purchase a home will not fall victim to Mortgage Servicer Abuses..theres a million ways to get them to listen,i say TRY EM ALL….knowledge IS POWER,& what ive came to notice,the media is a great tool/voice to air this dirty FRAUDULENT actions against millions dont you think?but please keep goin,you’ve made it this far,& alot need your voice to help put the nail in the coffins of shady,liars,crooks STEALING our homes…& it is STEALING.
Thx for the encouragement. Great ideas and I completely agree on media. I have some contacts and interest in my case. The squeeze is on though and I have a tenant and major property issues and other issues so I may have to put my battle aside to keep going against the fraud.
I went w/ my own advice on local govt front as I was basically forced to engage them when local govt intended to prosecute me w/ the city attorney with tough but positive results in exposing the fraud at the bureaucratic/policy level I believe. Without a lawyer I made my issues about the UNLAWFUL foreclosure that city ignored.
I definitely understand people’s frustration w/ complaints etc as I’ve gone through the whole maze w/out a lawyer (actually had a possibly corrupt lawyer at one point) and will report when it’s time what the actions/inaction was. So we should not only make complaints but engage and question the actions and results as much as possible and as you’re saying make them as public as possible along w/ the fraud staring us n the face.
I’m trying to figure out how I can do so w/out jepoardizing my case. If there is no way I’ll drop my case w/out acknowledging the disputed lenders/servicer standing if they or agencies won’t address the fraud as far as I have taken it w/out access to the justice .
Are you in CA? We should definitely compare notes.
If there is any way I can team up w/ anyone out there on research or comnmercial market research or other information needs for business or commercial real estate I can possibly make a last stand on my property on financial front. If there is anyone in position to start a non-profit I can provide foreclosure and real estate data. Actually I can provide info and analysis for most any non-profit or business. I would be willing to share profits and on non-profit homeowner advocacy front we could start a legal fund or pursue legal aid from the settlements.
KUDOS, I AGREE WHOLEHEARTEDLY!!! WE NEED OT KEEP FIGHTING, NO MATTER WHAT! THEY ARE HOPING THEY WILL WEAR US DOWN, THAT WE WILL QUIT, I WILL NOT QUIT, I WILL NOT GIVE IN, I WILLNOT NEGOTIATE WITH DOMESTIC TERROISTS, WHETHER THEY ARE IN CONGRESS, THE WHITE HO– USE OR THE BANKS, INVESTMENT FIRMS OR IN THE BIG ROOMS IN BIG HOTELS OWNED & OPERATED BY THE BILDERBERGS!!!! SCREW AGENDA 21, SCREW ALL THOSE WHO THINK THAT ALL AMERICANS WILL JUST ROOL OVER & SUBMIT!!!
I hate to rain on that parade, but unfortuantely, it doesn’t fit into the Agenda 21 issue…:-( Unless we got MASSIVE, & I mean MASSIVE amounts o fpeople to march in the streets, write letters to the editor, have someone like Matt Tabii writing an article in rollling stone about the total CORRUPTION of congress & the government AGAINST THE PEOPLE Of AMERICA, I don’t see them being swayed too much on our behalf. I bleieve it’s true about what David Kreiger said to do which is ‘keep bringing suit against the lawyers & the lenders for every little things until they are expending so much energy trying to put out fires that it costs them too much to deal with us anymore!!!
My thinking is the small things and the big things go hand in hand. It is the lenders that use the small things to drag things out (unlawful as well in CA or Fed mortgage law I believe) even as they accuse us of doing so. We need to do what we can to survive but if we keep an eye on the big things of justice and fairness the facts and history are on our side.
They accuse us of being deadbeats as THEY steal our treasury AND our homes. Politicians talk about being responsible while they take their money.
Just tell me: (rhetoricallly speaking?) in any single case
– where did the potentially hundreds of thousands in corporate advances go?
– if there are problems with my title or you have clouded my title w/ MERS did you or the original lender collect 100% on title insurance? And if I paid for it don’t I deserve some consideration?
– what happened to my original lender, why should I pay you? will they make me pay THEM down the line if you are an unlawful servicer/investor/lender etc
Just answer these simple questions, no rhetoric, no ideology, and THEN I’ll move along unless I do so to be responsible to my tenant and my community. But I won’t negotiate until these questions are answered and I will pursue my rights after I’m gone.
Please don’t shoot the messenger!!!
I have fought a regal battle against MERS and 4 different banks, none of which owns my loan and never did and never could…there came a time when my case was dismissed on a technical error and the Judge threw my case out after doing all the right things…even continuing to pay my mortgage payments as to show the Court that I could afford my payments…I filed 3 Motions for re-considerations and all 3 were denied…I remember saying to the Judge that it seems rather unfair to “give” my home to the very banks I am suing after providing all the forged and fraudulent documents on a technical error? I cited that pro se litigents are NOT to be held to the same strick standards as the professional Attorney’s….it didn’t matter!!! Within 6 days, I was then in the Unlawful Detainer Court where the Judge there never even let me say a word, show my proof of froged Assignments, which I had blown up on poster boards for a professional appearance…No Jury, No court reporter and NO JUSTICE!!! We are railroaded and if you want to say I threw in the towel, well, the Sheriff received the ORDER TO VACATE and I was to be out on the streets within days!!!
I could no longer fight the battle because I could not get any Justice…No DA, NO FBI, NO OCC, NO Dept. Of Justice…NO ONE WOULD HELP!!! Even though “right was on my side”….I was one of 37 homeowners that day who lost…again…no jury, no court reporters etc…and that court is open 5 days a week 8 hours a day…and it will continue and continue.
I don’t have all the answers, I am just commenting on this site because I have been on it for 4 years and see the same advise over and over…my comment was…DON’T BOTHER…it doesn’t matter, the fraud is too big to fail the banks and you can hold onto the same hope I did…until the sheriff comes and throws you out of the house you fought for…
My advise is to try something different…LIE…CHEAT and STEAL .that’s how they play!!!
Elyse: Here’s what you did WRONG…!!! I WON a Free & Clear House… I continue to see homeowers who ‘go it alone’… and LOSE….
You will now learn who you’re real ‘friends’ are in life…
http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
You are one in a million…setp into any courtroom in and county in any state and watch the BS…with or without an attorney…with or without a forensic report and investigator that conducted it…IT FRIGGIN DOESN’T MATTER!!!
More, millions more, are loosing to your one!!
Congrats…
The bank Astoria Federal S & l admitted they never only my house when they sold it and its indemnify and the title companys arestepping to indemnify the people who havethe forged deeds BUT Fidelity NATIONAL TITLE AND A SCAM COMPANY CALLED cORONET TITLE REF– USED. AND ARE STILL IN MY PROPERTY SINCE THEY TOLD JUDGE aLICE SCHLESINGER OF NYSC THEY HAD EQUITY AND SHE TOOK IT.
@elyse,I get what your saying,& YES its beyond madness,but GOOD always prevails against EVIL….not on its own always,thats were this site comes into play,1-500 saying the same thing is chatter,BUT if ALL stand together chatter becomes a deafing noise that WONT be ignored,& your words wasnt wrong,at all,what i think is that rubbed people wrong was the thought of loosing your voice,you seemed defeated/fed up…as most are..to create REAL change we MUST stand together & fight against this madness,im fighting with all i have because WRONG is WRONG,& if i loose,i WILL continue to fight for others…as far as the depts you’ve contacted,bbb,occ,fbi,etc…they CANT act as your personal lawyer but by contacting them you have made them aware of the fraud & they WILL investigate your claims,so its not that they didnt help,read what all the cfpb,occ,fbi,sec,fha,fhfa ARE doing,ALL banks involved are being SUED by these depts for all mis-deeds/FRAUDCLOSURES,& i believe its changing because our voices are NO LONGER just chatter…i wish you & your family peace & resolution…
Angel, Dan C and others- I applaud you all. every word you wrote resonates with the human spirit. Elyse, you suggest “another way” but you do not offer one. The human spirit and free will and the desire to be free will always prevail. Your desire for justice and the never ending desire to fight the good fight inspires me. This is what I am talking about. This is why on a local level we all must unite. This is what it takes. And Dan- you are right- it’s not for us but for our future generation. Things are coming to a head without a doubt. If you want proof look at the LIBOR scandal. Look at what Neil Keenan is doing. We are all faced with the same battle. This is what we all share- be we Catholic, Afro-American, Gay, Democrats, Republicans, Poor, Latin, etc. United we STAND. This is why we all must set aside our petty differences- which are used to divide us- and come together as one and fight the good fight. United together is what will make the difference in this world. Look at how a crisis always brings people together and those people focus on one goal. Humanity shines the brightest when we, together, are faced with adversity. That is the HOPE and FAITH I have come to rely upon. And these recent posts re-affirm that. Blessings to US all. We shall prevail.
AMEN!!!!!MACY……i think Elyse is beyond frustrated,& the wind has been knocked out of her,because every time the door slammed in my face,or words spoken i didnt understand i felt like FLICK from the bugs life in search of bigger bugs to defeat our hopper=chase…but what i’ve came to realize,IM NOT ALONE,so i have faith she will re-group & come out swinging….as far as the rest,your soooooo right!!!! WE must stand for what we believe in or we WILL fall for everything…..I want nothing more,nothing less than what i WORKED FOR…OUR HOME,peace of mind,plant roots for my future generations….& we all ARE in search of NORMAL LIFES!!!!!!!without interruptions from THEIFS/LIARS =todays BANKS,& not all banks are bad but after the smoke clears on the mortgage crisis/fraudclosures banks have a HARD road ahead,TRUST IS GONE..*
I’m just thinking here and haven’t researched this yet, but why can’t we file a class action suit pro se? Is there any legal Rule that prohibits class actions pro se? I knew very little about law when I began this $%*#@ journey and have been able to hold my own with motions and Rules of Procedure and all the other stuff. With some research and hard work I don’t know why we couldn’t try. We are all dealing with the same banks most likely so we just name them all as defendants…the legal claims should be the same. Just a thought.
hello,katheryn, as far as i know yes you can…you would need legal advise on the ends/outs but its being done across the u.s & abroad….you could also check your state & surrounding states to see if one is already launched,& if so you can join the suit…most isnt funds up front,the lawyers collect when you collect.so i’d check that out before you go at it pro-se,may save you some frustrastion…but thats a GREAT IDEA!!!!!!!li wish u all the luck in the world
Katheryn- have you been to stopforeclosurefraud.com? there’s CA info there. livinglies and timothy mccandless’ blog may have info too.
As for pro se- why would you want to do it pro se and if I am understanding your question correctly- I do not know how a pro se could represent other parties in the suit.(?) Just a thought but I would look into it if it were me because of any ramifications. From what I understand too is pro se’s are frowned upon in federal court. I personally would not want to join a CA if it was handled by a pro se litigant. I believe that attorneys are starting to see an opportunity in foreclosure defense and are moving in that direction. There are quite a few good ones in FL from what I understand.
I think we could go after them with this!!!
OUT OF THE MOUTH OF JP MORGAN CHASE: SCHEDULE OF LOANS PURCHASED FROM WAMU DOES NOT EXIST; NO ASSIGNMENTS OF MORTGAGE, NO ALLONGES OR ANY EVIDENCE OF TRANSFERRING OWNERSHIP OF LOANS FROM WAMU TO CHASE
http://afnetwork.org/emails/268925?s=de20e9af
After almost 7 years and all that goes with staying in the fight I too just want to lay down and quit, for about a minute, then I get back up and start looking for some Bankers ass to kick. Retreat hell….. Many times in my life I’ve been told that just maybe I don’t know when to quit. Well, just maybe all those times was nothing more than training in preparation for the fight I’m in now.
I still believe life is precious, everytime I look into the eyes of one of my Grandchildren I know what I’m fighting for and it sure as hell isn’t a check for 50k from some Bank. And, I have no intentions to put renters in my home so I can turn around and watch them get evicted when and if the Bank takes the home.
Taking the money and walking away would put me in the position of being no better than the thieves I’v spent so much of my time fighting. I’m not judging Elyse, just her convictions. I know who I owed my money to and it sure as hell isn’t BAC , I’m not walking away form this one and I ain’t cutting a deal with the Devil either.
While I don’t advocate violence, yet, we as a people are being pushed to the edge of human endurance with all the failures of our society, especially the Judicial Branch and the Legislative Branch. Every animal, no matter how timid, will come out fighting when it’s back is against the wall and survival is in the outcome.
Even Sun Tzu wrote something about leaving nothing for your enemies to subsist on if withdrawl becomes necessary which refers to a scorched earth policy. Ashes to ashes, dust to dust… You can only push us so far.
I take every little victory to heart and consider that for everyone we hear about there might be 3 or 4 out there we don’t hear about. I, too, think we are making progress and I’m doing everything I can to help the progression of that progress because if we are not successful in the end, it surely is the end…….
TheGrey
Hello,i have to say you sir are AMAZING!!!!!!& you are 10000000000%correct!!!!!it isnt the American Dream anymore,its a LIVING NIGHTMARE for all dealing with this madness,but it is changing,not at the rate millions need,but a victory for 1,is truely a victory for all…& i will never give up,or roll over,or sell my soul for bricks & windows…i will however fight for what my husband & i worked so hard to get,We played by the rules,followed the laws of becoming a “homeowner” so i say BANKS broke the rules,broke the laws,violated rights,& resorted to RECKLESS DISREGUARD for ALL consumers==FRAUDCLOSURE,& the more that launch complaints with all depts that is handling the mortgage crisis the sooner 1victory becomes,peace & resolution for ALL….goodluck to you & your family,& thank you for your voice..
I’ve been called a lot of things in my life but never amazing, thank you Angel. But you must consider yourself amazing, too. All of us who have and continue to stand our ground and those who have lost their homes yet continue to fight this war are amazing in my mind.
Everyone must look outside the box otherwise they fall victim to the brainwashing of the last 4 and maybe even 5 decades, where I have heard people say, “well, if those people are being foreclosed on, then they must have done something wrong.”, or, “I’ve got no problems with my mortgage, this isn’t about me.” All I can tell them is to go ahead and keep thinking that way because if we fail in our fight, guess who’s next?
I hope you succeed in your fight because your victory is my victory. I always liked the saying, “The enemy of my enemy…………………………..
TheGrey
Now that’s what I’m talking about!!!! We have also been fighting for 7 years and have kept up the fight, even though it has not been easy. We also are not giving in or negotiating with criminals, we are not rolling over. We have taken all our paperwork to to FBI, District Attorney and all the other “head-in-the-sand agencies, got nowhere, so far, but we are still waiting. Where we did get ahead was filing Bar complaints on the criminals… when showing and pointing out where all the fraud had occured and false documents. We wrote the President … don’t laugh it was sent to the Mortgage fraud division. We will see how long that takes but I’ve got nothing but dedication. & years of this crap, we are still fighting and going strong. We had to request a Judge recuse himself, why? For the same reasons listed here. Most are in bed with the Banks, well… someone has to vote for them. By the way vote those Judges out when your turn comes.
Thank you Dan C well said!!!! No sleepin with the Devil here either!
It is incouraging to here from people who refuse to lay down and give in to these bastards and especially those who have been in this as long as I have. If your stack of paperwork looks anything like mine you know what I mean when I talk about how many times the Banksters arguments have changed, just a long line of lies one right after the other,
Good luck to you in your fight, especially being from Florida. But I have seen some very encouraging statements coming from a handful of Judges down your way, lately.
Dan
@fightin in florida….I applaud you!!!!!!!& thank you for the info & GREAT IDEA writting the President…you have further strengthened my gumption to say “bring it on chase”im no were near invested time wise as you & Dan,i’ve been at this 3yrs & plan to see it ALL the way thru,& the deck is stacked against me,but i have faith,& im researching,crossing my T’s & dotting my I’s,involving ALL that is in power above these banks,hired a GREAT mortgage defense firm,& most are under or right at 1000 bucks…if it goes to a trial type case you are looking at more $..im glad your still in it to win it,we need MORE like u&dan & 99.9% on here to say NO MORE…i wish u peace & resolution
Dan C. FIGHTING will get you PRISON….. Use a “Soldier With A Pen” and not a soldier with a gun…!!! I did and WON MY HO– USE FREE & CLEAR. Here’s the COURT ORDER..!!
http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
@Goi…i think you have missed what is actually being said,were not saying “free4all” with violence….but YES FIGHT!!!!!no mention ANYWERE of violence/gun=prison???????TOPIC is & was NEVER give up,NEVER roll over & accept b.s,NEVER let ANYONE take what is rightfully YOURS….& after a 7yr battle that he’s been in,i’d say he’s letting his pen be his SWORD…i applaud your victory,& sooo glad you are sharing “how to”because it IS info someone will & can use…& we CANT turn on each other for opinions,because i cant speak for anyone else but im beyond thrilled to have found this site & ALL you all,confirms i HAVE allies in this fight i never wanted,& neither did the 66 MILLION family’s that HAVE been flipped upside down….66 MILLION are feeling what we all are,now imagine all 66 million banding together,saying FRAUD=CHANGE,i wish u peace & resolution….
sOMETIMES, KNOWING THAT IF i DON’T STAND UP & MAKE IT BETTER TO THE BEST OF MY ABILITY, MY DAUGHTER & GRANDSON WILL HAVE TO LIVE WITH WHAT IS COMING UP FOR THEM…I REF– USE TO GIVE IN OR GIVE UP, I WILL KEEP FIGHTING WITH MY LAST BREATH, I WILL NOT NEGOTIATE WITH CRIMINALS, I WILL NOT SUBMIT TO CORRUPT COURTS, JUDGES OR ANYONE ELSE WHO THINKS THEY HAVE AUTHORITY OVER MY LIFE INCLUDING THOSE IN TEH GOVERNMENT, BE IT CONGRESS OR THE WHITEHO– USE….MAKES NO DIFFERENCE TO ME. THE RULE OF LAW CALLS FOR HONESTY, INTEGRITY AND OUR CONSTITUTIONAL RIGHTS MAY HAVE BEEN SHREDDED THIS PAST DECADE, BUT THAT DOESN’T MEAN WE CAN’T RECLAIM THEM….:-) FIGHT ON, MAKE A STAND THE BEST YOU CAN!
@ Penni – I just have one question for you. Have you been summoned and had a hearing yet in front of a judge? I’ve been fighting my case for 6 years now and my last filing was a Motion to Dismiss because the lender who is foreclosing is not even the holder of the note. Well, guess what. I finally have my hearing set in October and at the bottom the judge says: time reserved: 5 minutes. 5 MINUTES…..I have 5 minutes to present all of my documentation! And to top it off the lender will not be there in person but is going to be participating “telephonically”…..already I’ve lost and this should tell all that no amount of research, documentation, disregard for procedure of law is having one iotta for the judge. I will go and present my case in my 5 minutes and after that I will move in another direction and keep on pursing the truth. Judges are corrupt and rotten as apples in this state of Florida.
Hello,i have to chime in on our experiences so far,we are STILL in this fight & im here to say FIGHT PEOPLE!!!!never, ever give up…its been 3yr battle here & Im in it to WIN it…..no its not a home invasion with theifs in masks,todays modern theif is in a suit & spews venom of promises while his partners in crime(BANKS)are creeping in your back doors STEALING you dreams/futures….but they can only win if enough CHOOSE to say im done…i say call & write ALL that can assist..BBB,FDIC,SEC,FBI,CFPB,OCC,Attorney Generals,i mean overwhelm the fax machines with complaints it WILL make a difference..& ALL depts i listed has a mortgage fraud unit,then contact a lawyer that specailizes in MORTGAGE LAWS,because not only do they have ALL updated knowledge of mortgage laws,consumer rights,but they also speak “judges language” so without a lawyer it will be harder,FIGHT for YOURS!!!! & i wish for peace & resolution for all..
Yes this is a stretch of the imagination for anyone but it may help if you read the following:
http://www.legislation.gov.uk/aep/Cha2/18-19/11
I know that is the UK, but that is where I am from, most Americans are immigrants from across the seas and in 1680 King Charles II passed 5 laws that I believe to be responsible for the problems here that furthered the East India Company. The first allowed it [the EIC] to acquire land, the second allowed it to enter into treaties, the third allowed it to declare war and make peace, the fourth to coin and mint currency and the fifth to administrate both the civil and criminal courts. Attorney’s turn over property to the king. National Banking Associations use your signature on file under the cestui que as is evidenced in title 12 Section 167 and counties do the same, Under HJR-192 plus many other codifications including the canons you don’t actually own your home, car or even your own body, the state or the Vatican does, they are mortgaged, which is why you only get a marketable record title see Cal. Civil Code 880.020. Getting back to your query as to how we establish life on the record – well this can be as simple as having an attorney describe you sitting, walking or pointing you out in a court room. The presumption of death is not a rebuttable one and is difficult to over come see: http://njlegallib.rutgers.edu/journals/docs/journal.mb.5.1.pdf
Remember this is good in every state under the full faith and credit clause and the way to see the time necessary to pass before death is established is to look at a property tax repossession, so while it is 7 years in England, it is only 5 here in California and 4 I believe in Georgia.
There is no such thing as a license to practice law here in California and I am currently working on trying to find a way to do this through the probate code which means “proof” and later “proof of wills”. You also might want to check out the nsea.us [national standards enforcement agency]
You will NOT prevail with this strategy…. I have yet to see ONE homeowner/borrower overcome a skilled bank attorney…. I HOPE to find one someday. I DID WIN MY HO– USE FROM THE COURT… I had HELP…!!!
http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
We are all dead that’s why nothing is working, you are trying to prove merits of the case when you should be proving life on the record. Every document you enter into the record is evidence of your death, i.e. your name is that of a decedent, at best [i.e. etymology of decedent is a dying person] and we have all been presumed dead under the law since 1936, if not 1666. check out: http://en.wikipedia.org/wiki/Inter_vivos
figgjax
I’m not the sharpest tool in the shed…(no) what I mean. You totally lost me. “proving life on the record”???
Katheryn- Im not sure but I think he/she is talking about the “strawman”. This is a rabbit hole you do not want to go down.
You ask what harm it can do to continue to fight? I never said to stop fighting…I said that the fight we are all fighting is not working and we need to go in another direction. Filing complaints is a waste of time and money…
What harm? we are under false hope…that’s the harm…our health is being effected and our “joy” for life is pretty much gone…we are in bad moods most of the time, we are living in fear that we will be homeless, our children will be living in our car and that is the harm!
We are trying to play in their game…my suggestion is to go in another direction cause it is proven that the courts and all the Law agencies are NOT WORKING…How many times do you have to try the same thing expecting a different result?
Elyse,
You are contradicting yourself a bit there. “false hope, harm our health, joy for life, bad moods, living in fear”. Then you say to continue the fight?? Wouldn’t continuing the fight cause all those same effects you just spouted off? Let me tell you something…had I listened to someone like you in the beginning…they would have had my house two years ago and I would have been out on the street. I’ve done it with no legal help and others can too. You say, “trying to play their game”, REALLY. I see it as a fight to stay alive as well as working towards someting united with others. I am rather sure that there were people like you in Nazi Germany discouraging each individual from individually as well as collectively taking on the heinous doings of that regime. By all means, if someone finds it too overwhelming then they need to do what is in their own best interest, but you should not be flipently discouraging people willing to fight this in every and any way possible. Think back less than 100 years ago, black folks were not allowed to vote, go to white schools, sit on buses or use public facilities. That WAS the law. Had they all given up fighting legally because courts were slow to come around, they would still have to stand on buses and leave the seats for us white folks! I respectfully encourage you to think deeply about what you are discouraging people to do. That’s my 2 cents worth.
I too have added my 2 cents…I fought a strong battle for 2 and a half years…without an attorney. I spent hours and hours filing my pleadings with all the evidence of fraud and forgery! During those 2 1/2, I was still paying my mortgage!!! I am saying it doesn’t matter because it didn’t matter!!! Plain and simple….the law is not working for us and I am encouraging people to fight another way…don’t play “Their game”…their game is filing complaints to law agencies that do nothing,,,,filing lawsuits against MERS and the banks trying to steal homes they do not own…having homeowners send documents after documents and continuing to deny modifications….the banks cannot modify a loan they don’t own and they never will….
I realize what I am saying is hard to read but we are getting
Elyse-
you posted- BTW- my all caps is not me screaming.
I too have added my 2 cents…I fought a strong battle for 2 and a half years…without an attorney. (THIS MAY BE WHERE YOU WENT WRONG BY DOING IT ON YOUR OWN WITHOUT PROPER COUNSEL AND/OR THE PROPER KNOWLEDGE OF THE LAW – JURISDICTIONARY.COM I HEAR IS A GOOD TOOL). the law is not working for us and I am encouraging people to fight another way (THE LAW DOES WORK FOR US IF YOU KNOW HOW IT WORKS OR HAVE A COMPETENT ATTORNEY- WHAT IS THE “ANOTHER WAY” YOU PROPOSE?)…don’t play “Their game”…(WHAT OTHER GAME IS THERE?) .the banks cannot modify a loan they don’t own and they never will….(I WOULD SUGGEST YOU READ THE FORECLOSURE DEFENSE GUIDEBOOK- ACCORDING TO THE AUTHOR-AS I UNDERSTAND IT- THE SERVICER OR LENDER WILL BUY BACK THE DEFAULTED/ NON-PERFORMING/ UNSECURED DEBT/ TOXIC ASSET- AND THIS IS HOW THEY ARE ABLE TO OFFER MODIFICATIONS)
There are a lot of tools out there and groups and attorneys- this site alone offers great information along with foreclosurehamlet, stopforeclosurefraud, livinglies, msfraud and they have links to other sites as well.
Elyse- if your Statute of Limitation has not expired- have you considered hiring or speaking to an attorney regarding wrongful foreclosure? Did you consider a Securitization Audit?
@Elyse…i so feel your pain,& you are right,most i’ve tried has been blocked/crushed..but that makes me more determined to fight,& i have to say MOST complaints are free,go to their web sites follow how & were to file a complaint…had i NOT filed complaints my bank would still be giving me the run around,but with these complaints outside my bank against my bank HAS changed the game…the more that KNOW of the fraud the better your chances are…& it does feel like your bashing into a brick wall over & over but the wall will give if you continue to chip away at it….Follow the news,& the info on here & you will see ALL with un-clean hands ARE being dealt with & that is because MILLIONS are saying HELL NO!!!!NO MORE!!!!so dont throw the towel in yet,& your children DONT deserve this so show them this fight is nessasary & right because its YOUR HOME,YOUR DREAMS,YOUR FUTURE & those are the best reasons in the world to fight for YOUR FAMILY..& i say your a winner because you have the courage to say MINE!!!!!so knock the wall down with ALL means nessasary,i wish u peace & resolution
Macy- Thank you for your comment, however, it has been my experience that one in a million actually has satisfaction from the fight we are all in!! Yep…there are few…but so many are becoming homeless and in shock when it happens…my experience has been that wayyy too many Attorney’s are taking what last bit of money homeowners have and doing nothing to help save their homes…The Attorney’s can’t do much because the Courts are not ruling on LAW…the courts and judges are being paid off to not rule on LAW….
Of course we all would prefer to have “HOPE”…but we re dealing with a false premise that there are laws to protect our rights and that forgery is illegal…there has to be another way and that was the intent of my comment. I signed a deal with the bank and received a fair settlement. Of course you are not going to hear about the settlements on the 6 oclock news…my suggestion was to begin there! The fights in court are not working!!! One in a million, maybe…however, if you sit in any court, you will see the hundrends of thousands who are evicted every single day so the hope you mention is so far fetched because I have experienced the whole smoke and mirror game millions are going through right this minute!!
Going in the same direction is like sheep to slaughter because the sheep don’t see that there may be another way!!
NO LAW AGENCY is helping so why depend on it to do something it has proven it WILL NOT??? In my opinion, there is no HOPE if something different doesn’t happen and so far, nothing different has happened!! We are poor little sheep who have lost our way….because we can’t wrap our brains around the fact that the LAW is not on our side….go in another direction!!!
wow….ok the settlement part is your buisness,& is a victory,but i think your drive/spice of life has left the questions of victim/victor……but as far as your results vs REALITY…..Im a mom of 2 daughters,& i WILL NEVER teach them not to fight for whats right,otherwise the world be full of sell-outs,(not you)in general.so thats the reason MILLIONS have stayed with this…its not a waste of time,its not idiotic,its the AMERICAN WAY…& if ALL continue to stand up for whats RIGHT,this wont happen again to our children,& childrens children,NONE can take our homes with us when we pass,but we become homeowners for FUTURE generations,as well as us….leave our mark,plant roots,& most important 2 me is,my daughter’s ALWAYS have a place to come home…..so im NO sheep heading to slaughter,im a sheep laying claim to my PASTURE…..i feel your pain in your words,now spin it,& create that pain for the crooks/liars
Wonderful Katheryn. I think you will get a lot out of it. Plus they will have information on other calls throughout the week.
To all.
We all know, or should at least know, that the reason why nothing is being done about this crisis that is crippling our country and ruining families is because they are all in bed together. We have to stop fooling ourselves and we can no longer afford to bury our heads in the sand. Until enough Americans start to work together to form advocacy groups and come together as one we may never see any positive results. You may have seen the article about attorneys being urged to give more free services but it is hard to see that happen since they are officers of the court (that should tell you where their real loyalty lies) have investments and pensions in MBS – this is not to say that there are not attorney warriors out there fighting the good fight but we should all join together in this effort. (I for one would love to see the founders of this site start up such a group). A lot of you come here looking for answers and most of them come from other homeowners who are in the same boat. With that being said I would like to invite you all to a group call that is giving some hope and insight along with answers that have been posed on this forum.
This call is for everyone. It is a more direct way to ask a question with a quick reply. They are not attorneys and do not offer legal advise but they do share information and share what they have learned from their own personal battles both in and out of court.
Conference Call Information:
Day and Time: Tuesday (TONIGHT), 8pm EST
Web Access (to listen to the call only):
Dial-in Number: (724) 444-7444
Call ID: 98842
I would like to add- that by group I mean within your own community- where you can hold weekly or monthly meetings sharing information, stories, cases and studies.
There are too many people on this site who are all from different States…however, if some sort of a list could be created by responses to these email…like this is Mrs. Goodwin from Southern California…or this is Mrs. Jones from Tampa Fl….then groups can gather in different venues because don’t think the “LAW” is not reading all these posts…
I had suggested a Convention to be held in Las Vegas so we could have an open forum to discuss stratagies as opposed to complaints…we know the complaints…we need solutions…however, it was brought to my attention that no one has any money to even get there and pay for the hotel rooms etc. So, we do need to gather and stratigise….where? I think every State…we need to organize like the tea party did…just don”t have the financial supports as they did….Any thoughts?
How about finding others in your community who are in the same boat and inviting them over for coffee and cake and start a local group- create a meet-up group for your area. hold these meetings once a week or once a month and share information, cases, webinars, videos,ustream the meetings, invite a local attorney or official who is fighting the good fight to sit in. It has to start locally. Each person can take turns opening up their homes for the meetings, have a pot luck or meet at a Perkins or some other restaurant that has banquet rooms or a room that can accommodate. Anything is possible when you put your mind to it.
Sounds like a great idea. At least it is a start to move forward in a coordinated effort! Count me in tonight.
I truly hope some of you going through this “smoke & mirror” situation will read what I am about to say….
I have fought my battle through the Courts in California and Florida as I had homes in both. Please listen: THERE IS NOTHING YOU CAN DO!!! The documents are forged, they are back dated, robo signed and sold over and over to unsuspecting investors around the world…You can gather all the forged docs, pay for a securitazation review examination and know that your home has been underminded and are able to prove it….it doesn’t matter!! The banks are being allowed to steal our homes and the Courts are to do nothing about it!! Now that might be a hard fact you can’t grasp, however, the banks have no friggin idea who holds the note! The notes are minipulted through MERS SINCE 1997. THE OLD FASHIONED WAY OF LOOKING AT THINGS WILL NOT WIN A LOAN MOD, A COURT BATTLE OR AN INVESTIGATION THAT WILL HELP YOU…
* Submitting and filing Complaints will do nothing…the OCC only sends the complaint to the banks and they do nothing…
* The Attorney Generals will take your complaint and do nothing…
* The FBI or the District Attorneys won’t even accept your complaints!!
* The Courts will never rule in your favor, no matter what!!
It’s all just too much because we, the AMerican people where led to believe that we have rights and that these law enforcment agencies were there to protect us…it’s all hogwash! Kinda like there is no Santa Claus!!!
So, knowing this, what can you do?? Do the opposite of what you have ever thought.
* If you can move out of your house and move in with realitives, rent your place out for the maximum $ as that is one way of getting your money out of it. Some I know have been renting out their homes for 3-4 years at $1,800 a month…
* Contact the bank or the banks Attorney’s and demand a settlement…I got $50K…it’s more than any equity I had in it. It will cost much more than that in a 2-3 year court battle
Elyse- I have to disagree with your fatalistic approach to this. There are many homeowners who are winning but they are being settled out of court because “they” do not want it to be adjudged because it would set a precedent for others. I know of an auditor who is saving homes and stopping sales, but you’re not going to see that on the 6 o’clock news. There is hope and education is the key. I am sorry that you have given up or thrown in the towel or that you have struggled so long and have been beat down – but there is hope for us all. Look at the Coursen case, the Ibanez case, Lynn Syzmoniak, Matt Weidner, Vince Kahn, John Stuart and others. I hope is in uniting and empowering ourselves with knowledge.
Attorney’s are seeing an untapped river of revenue in foreclosure defense and I am not talking about Loan Mods. I believe the tide is turning.
Blessings to you.
We have to change our state of mind from VICTIM to VICTOR.
Elyse,
What harm can it do? Either nothing comes from a coordinated effort or something positive even if just one single person is helped in some way is a good thing. I, for one, continue to fight these law breaking fraudsters. The fight goes on!
Hammertime, I am a victim of pretender lender. I have to loan numbers and the pretender said it isn’t there number but it is the number on the loan docs filed at the records office and it is the loan they are foreclosing on. I paid the mortgage to them with a different number on the payment slip they mailed to me. I need help with this one. Lets talk if you wish.6267953456
Just saw your msg. I’ll try to get in touch.
The new Washington state case should pretty much take care of the MERS issue.
“. . . the federal court has asked:
1. Is Mortgage Electronic Registration Systems, Inc., a lawful “beneficiary” within the terms of Washington’s Deed of Trust Act, Revised Code of Washington section 61.24.005(2), if it never held the promissory note secured by the deed of trust?
We answer the first certified question “No,” based on the plain language of the statute. MERS is an ineligible “‘beneficiary’ within the terms of the Washington Deed of Trust Act,” if it never held the promissory note or other debt instrument secured by the deed of trust.”
Bain v. MERS, Washington State Supreme Court.
The key is “if it never held the promissory note or other debt instrument secured by the deed of trust.”
Make sure they don’t try to “fix” it. Still need to check docs etc. One of the tricks seems to be that pretender lender/servicer will simply state they are the valid “holder” of the Note and “ttransferred” to MERS etc.
Can’t have it both ways sale or not a sale?
From article to the right: on AG Martha Coakley/Mass.
The Massachusetts Association for Community Action (MASSCAP) will be awarded a two year grant totaling $7.4 million to administer the Borrower Recovery Initiative. Beginning in September, the grant will fund 19 borrower recovery sites supported by 21 case managers across the state to work directly with families and individuals to prevent homelessness, provide assistance to families transitioning from homeownership following foreclosure, and provide financial education and counseling to individuals and families facing eviction. The sites will receive referrals from the AG’s Office and the funding will enable direct assistance for up to 2,400 households over the course of the 2-year grant term.
The Massachusetts Legal Assistance Corporation (MLAC) and the National Consumer Law Center (NCLC) will be awarded a two year grant totaling $6 million to administer the Borrower Representation Initiative. MLAC and NCLC will use the grant to fund 14 locations statewide staffed by 19 attorneys dedicated to foreclosure-related cases and will deliver direct legal representation to homeowners facing foreclosure or eviction.
Legal services will include assessing potential causes of action to challenge foreclosures and evictions; providing direct legal representation to borrowers in both the pre-foreclosure context and in post-foreclosure proceedings; and helping families receive appropriate assistance, including referrals to Borrower Recovery Initiative sites. The program will also begin in September and sites will receive referrals from the AG’s Office.
We can’t give up hope as Wall St tries to destroy the middle class that this nation was built upon. We can’t just rely on documents or depend on anyone in power. I will give Harris partial credit as the administration blames the Congress and the Congress does nothing.
To the extent that the settlement is being manipulated we have to hold her and the lenders accountable as well.
They said they needed 4 to 6 months which is where we’re at. They were to receive money immediately for aid and other homeowner support that’s where we need to start. If it’s true that funds have gone to state budgets which I beleive was still being debated in CA we probably have a lawsuit such as an individual in AZ has taken on.
If you have compiled good information let’s try to get it out there. I am working on some things pertaining to my case and I hope to get it out there as well with ideas to work with others. But dealing w/ crisies now
In terms of documents – the robosigning that was agreed to referred to “mistakes”. The mistake that I understand it to be is that the signer was not aware of the requirements or content of the documents they were signing. Very specific. To blindly attack MERS or the govt etc isn’t going to work.
On the other hand the settlement doesn’t magically solve title/standing
Cases in WA and OR strongly move the debate forward where MERS is concerned. Still they say it depends on each individual case.
The lenders and bureaucrats seem to be taking this to mean any document problems can be viewed as mistakes. They thought it gave them the green light but homeowners are fighting back. Thta’s why we don’t have the flood of properties the experts expected
Those who can negotiate and want to move on should be able to do so
If we can uncover the fraud that this settlement does allow we need to keep doing so individually as well as within our own communities and maybe we can build on the momentum we have for this election or whenever your rep runs
I have 12 copies of Assignments from Mers and all but one used the same person as assistant secretary for MERS and all but one were Acknowledged by the same California Notary Public, when you lay these side by side and then add in the notary journal entries I’ve acquired it becomes obvious that there is at least 6 different people signing for these individuals. Not to mention that it looks like there might be as many as 4 or 5 different notary stamps being used in different areas of the Country.
This is the information that I offered to AG Harris because this conspiracy originates from Countrywides old offices in southern California that BAC now controls.
I will be using these documents here in Colorado in an upcoming Petition for a show cause order pursuant to C.R.S. 38-35-201. Definitions: (3) “Spurious document” means any document that is forged or groundless, contains a material misstatement or false claim, or is otherwise patently invalid….
Let’s see how BAC and there Legal eagles deal with this one.
Your right about one thing, after almost 7 years in this fight somedays it would only take one word to knock a guy down, or a well reasoned Superior Court decision against MERS to fuel up for the next days battles.
On we go……..
TheGrey
Dan C: I TOO have multiple fraudulent sigs and notary signings that involve Countrywide. I can PROVE ALL OF IT. Please drop me and Email to exchange sigs and share with others..!!! THX
What was the AG response?
Would be interesting to see if response falls into the “mistake” definition that signer just wasn’t aware of what they were signing.
If loan was a refi can more easily view chain of title issues.
The game never seems to change, just the rules……..
I have been collecting Assignment of Deed of Trust documents from anyone who will share them with me, through this site and others. And, after comparing the signatures of the Assignor and that of the Notary who acknowledged the assignments (mostly Cecilia Rodriguez and Darryl Brown respectively) it is obvious that not just one of these documents is questionable but that everyone of them is a forgery. I’ve requested and received several of the notary journal entries corresponding to these Acknowledgements of Assignments and have found them to be fraudulent as well wherein the signatures recorded in the notary journals do not match those on the recorded documents.
As I sit in my little home office surrounded by over six years of paperwork, motions, filings, consent decrees, court orders, govenment reports and the like, it has become painfully obvious that if a laymen such as myself can obtain this kind of proof then surrely our State and Federal AG’s, with all the resources at their beck and call, already know what I know and have choosen not to act upon it. I know, tell you something we didn’t already know, right.
I shared my research with the Ms. Harris’ at the California AG’s office in hopes that she might again take offense with Bank of America operating a fraud conspiracy from within her state (all of the fraudulent Assignments and Acknowledgements are coming out of southern California and are originating from the old offices of Countrywide which now belong to BAC) but I seem to have been wrong in holding out hope that Ms. Harris’ past outrage at the activities of the TBTFB was genuine versus being just a dog and pony show for the voters. California received a lions share (there were many lions) of the Settlement from earlier this year and I’ve yet to hear of anyone, meaning the abused homeowners) who has received even one red cent of those penalties.
There is little hope left for humanity.
I agree with you. The FBI isn’t helping either. Can you tell me how to get the info you talked about for my robot signer Elizabeth Hernandez from tx. I got a copy of her application for notary and her bond, but I feel getting the info from the book would go a long way. Please call 6267953456. Also anyone with docs signed by her, please share them. I’m in court in 2 Aksel. Thanks
I WILL NOT NEGOTIATE WITH CRIMINALS!!!! THE AGS ALL KNOW THESE ARE CRIMINAL ACTS AND CONSPIRACIES, THEY ALL ARE AWARE THAT THE CEOS OF THE BANKS & INVESTMENT FIRMS HAVE BROUGHT DOWN OUR ENTIRE ECONOMY. i HAVE POSTED THE ORIGINAL AGS ‘COMPLAINT’ AGAINST HE BIG BANKS HERE; Ags Complaint File; http://www.mediafire.com/?r72gwwh5txe9er2 READ IT, UNDERSTAND IT AND STOP TRYING TO APPEASE TO THE BANKS!!!! UNTIL & UNLESS WE DEMAND JUSTICE AGAINST THESE CRIMINALS, THEY WILL CONTINUE ON AS THEY HAVE BEEN. iF YOU DO NOT KNOW BY NOW THAT ALL THE ‘RESCUE’ PROGRAMS LIKE HAMP, TARP, ETC AND THE NEWEST ONE FOR MODIFICATIONS ARE MEERELY A FRIGGIN’ STALL TACTIC BY OUR GOVERNMENT, IF YOU ARE BLIND ENOUGH TO BELIEVE THE LIES CONSISTANTLY COMING OUT OF THE FREDDIE & FANNIE SITES ABOUT HOW THE GOVERNMENT WANTS TO HELP HOMEOWNERS ALL THE WHILE WITH T HE PREZ STATING THAT HE WANTS TO COMPLETE 90,000 F&*&^KING FORECLOSURE A MONTH…..EVERY MONTH!!! HOW MANY MILLIONS OF PEOPLE HAVE ALREADY HAD THIR OHMES & LIVES STOLEN RIGHT OUT FROM UNDER THEM?????? HOW MANY MORE MILLIONS WILL BE IN THE STREET BYTHE END OF YEAR????
WHEN WILL YOU STAND UP AND DEMAND JUSTICE & STOP WHINING ABOUT FILLING OUT COMPLAINTS, SCREW THE — USELESS COMPLAINTS! THEY ARE JUST MORE INFO FOR THE GOV TO GARNER AGAINST YOU. iF YOU CANNOT SEE THAT ‘MODIFICATION’ ARE NOTHING MORE THAN YOU ONCE AGAIN AGREEING TO BECEOM A VICTIM TO A TOTALLY CORRUPT SYSTEM, THEN YOU ARE REFUSING TO SEE THE OPEN PIT BEFORE YOU….EITHER THAT OR YOU ARE A BORN TROLL FOR THOSE WHO PLAN TO STEAL EVERY BIT OF LAND & PROPERTY THEY CAN..WAKE THE HELL UP!!!!!!! FIND OUT WHAT HAPPENED TO THE ‘FINES’ THAT THE BANKS PAID, THEY HAVE BEEN — USED BY EVERY STATE BESIDES NEVADA TO PAY DOWN THE STATES DEFICITS…AND TO BUILD UP THEIR POLICE FORCES.. SURVEILLANCE AND SECURITY FORCES, LARGER JAILS AND BIGGER COURT SYSTEMS..CHECK IT OUT! SO SOME RESEARCH BEYOND JUST THE FORECLSOURES, CHECK OUT ABOUT AGENDA 21 AND STOP THINKING THERE IS GOING TO BE RELIEF!HA!
If that was aimed at me I know I had a couple of typos but you completely missed all my points. Way to be inspiring!
Agreed Hammertime…I am so tired of the so-called activist/expert attacks on anyone who dares to ask a question or express a thought or opinion. Check out Steve Dilbert’s piece on Homepreservationnetwork about Yves Smith sniffing glue. You have to wonder about anyone who attacks people the way he does. There are people on these sites who are fighting for their lives and then there are those who are on these sites to make money. Dilbert is an angry guy who is constantly trying to show how smart he is and how much he knows about banking and foreclosure. For anyone who has been in this fight the past few years, we know how hard it is…..we don’t need lectures and CAPLOCK rants about how stupid we all are.
Will do.
As Trillions notes below we need to fiel our complaints to Comptroller, natioanl settlement etc. No magic bullet though. Expect the worst but we need to follow up buy questioning AG’s, HUD, President and local reps.
In CA I’m seeing that HUD and possibly Consumer Protection as well as Comptroller is allowing lenders to once again dictate the process in violation of settlement decrees.
Review the decrees at http://www.nationalmortgagesettlement.com/ to lower right bottom are links to decree agreement documents.
The bureaucracies are only focusing on modifications it looks like. Also, lenders were to pay fines immediately for legal aid, education etc. It’s been at least 4 months and there does not appear to be an administartor in place.
The agreement as to the process should be helpful while definition of servicer is a problem if we are challenging standing it seems to me.
It seems local agencies, non-profits etc are not engaged with the settlement process either.
For banks that agreed to this the requirements are in place!
It’s understood we all may have standing/title isues but if your goal is to stop a sale, reduce principal and you can qualify could be a strong approach.
For those of us that have been hanging on for years and have serious fraud issues we need to be careful I believe in acknowledging the standing or the debt.
Just keep hanging in there Gari…REF– USE TO MOVE…GET OCCUPIERS TO HELP YOU OCCUPY YOUR HOME IF YOU ARE THREATENED WITH EVICTION….DO NOT GIVE UP OR GIVE IN…REF– USE TO NEGOTIATE WITH CRIMINALS….YOU CAN PREVAIL!!! i WILL NOT ABANDON YOU…:-) PENNI
wow…where are all the passionate and verbal writers who were hitting the pages in April of 2011????? Nothing left to fight? Nothing left to say….no standing up & fighting against the corruption still taking place on a daily basis????? WHERE ARE ALL THE LIVE WIRES WE NEED ON THIS SITE TO INSPIRE ???
Most people are only involved when their lives and property are on the line and so selfish or greedy and so do not expect people to stay the course to help for long. I have been in the fight for twenty years and still have much to learn to help others as I never went to law school and have had to overcome a huge amount of misinformation.
What I would do about filling out the form concerning the question about an alleged debt of mortgage is rather than perhaps leaving such spaces blank – write in there that because of all of the misinformation and lies or deceit of servicers, etc. you have no idea whatsoever about the amount that might yet still be owed and that there needs to be a forensic accounting conducted to determine the true balance and who might yet still be owed if the mortgage is still enforceable if it was ever valid in the first place, as you have reason to believe that there are forgeries. Write this up on a separate piece of paper and in the blank space on the form say – see attached statement. I would definitely list this as an unsecured item and not secured!
I would also not admit that the asset/house has any known value and that a true market value would have to be done by a certified appraisal of the property, especially if you are in one of the bubble states where speculators ran up values and every property is underwater.
THAT IS AN EXCELLENT IDEA!!!! THANK YOU SO MUCH T$F!!! I A M STILL SO ‘BRAINWASHED’ BY AUTHORITY THAT THIS AVENUE OF ESSENTIAL CLARITY WOULD NEVER EVEN HAD OCCURRED TO ME…I HAVE BEEN SO FRIGHTENED OF ‘AUTHORITY’ ESP IN COURT THAT MY MIND HAS BECOME RETRICTED AS TO ‘SOLUTIONS’….:-( THANK YOU AGAIN FOR ALL OF US…:-) GRATEFULLY YOURS, PENNI
thank you trillion! this makes sense to me. amazing how complex our system is and how tricky. i can only do my best and ask for help and go forward but i do so wish i knew more than i do.
onwards & upwards.
g
Agrer w/ trillions but we also get caught up in our own fight out of necessity. Problem is that those not directly affected w/ their properties are affected in a number of ways but are brain washed. We are also told that govt doesn’t work and we need to let the economy go forward at any cost and can’t hofl the to big too fails accountable. Even if our repos aren’t doign their job we need to keep filing complaints etc. an make them answer to us no matter what party or if affected by foreclosure.
Some progress being made at lesat to get to the facts of the abuse. CA sale notice now states in Notice to Potential Bidders section thet bidder will be “bidding on a lien, not on the property itself.”
Here’s an example of the brain washing – http://www.nbclosangeles.com/video/#!/on-air/as-seen-on/Expert-Weighs-in-on-Homeowners-Bill-of-Rights/162175365
Note what Beverly Hils Atty says about MERS and lawyers – a little truthiness mixed in w/ propaganda.
thx penni! you are the best! i do have some basic instructions and i have googled every schedule that I have completed and looked at the Nolo stuff which helped but I cannot find anything yet to show me how others have listed their houses as unsecured debts. there are two forms for unsecured debt. one if for priority debt and one is for not priority debt. so which one? agghhh. the other thing is there are actually several columns to complete once i pick on of the schedules but i have heard other say they did not necessarily put down the fake bank currently pursuing them, rather the bank that is legally in the chain (which is generally the first one when the debt is first established) or putting several of the banks in hence this info is not readily available.
thoughts? anyone?
Gary, generally there is a ‘definitive’ suggestion with $$$dollar amounts on the instruction sheet….don’t you have an instruction sheet? there hsould be one. If you don’t hhave one, call your legal aid soceity, or call the court & see if they have them available…it is a comiklation of instructions similiar to a the instruction on your tax return, where each page & each section is described in detail & it tells you waht is allowable by law & what to use in the blocks etc, then gives you the emeption amount in $$$, like, personal car, value up to $3,000-exempt, or clothes; up to 2,000.00 exempt, all furniture up to 1500.00 exempt etc. Personal jewlery, up to 1,000.00 exempt, etc… there will be dollar amounts that are allowed for exemption. when I did my bankruptcy, I listed my home under ‘secured’ because at that time, I didn’t know about the fraud, so I didn’t think I could put it under unsecured’ unsecured is like credit card debt. I have ot go for awhile, but I heop this helps. GET THE INSTRUCTION SHEET!
for BK, ch 7 – schedule C – property claimed as exempt – what might i put? my house? i really don’t have anything else but not sure whether to list my house here which i will also be listing later as an unsecured debt. looked at exemptions for New Mexico but not clear to me.
???
g
gari in New Mexico / Bankruptcy?
i have had all of my hearings recorded (except the first one that was a botch but I got a transcript)
fed bk court is kicking me to curb. having atty step in to dismiss my botched ch 7 filing and considering filing ch 13 but i am a single self-employed mom with kids at home and one of my biggest problems is my unstable income. i have applied for stable work and gotten nothing.
any suggestions here about what to do? state courts are just totally ignoring the question of standing. fed courts seem to have zero patience for pro se.
state courts will not deal with standing at all no matter what i bring to the table.
????
thx! gari
just want you to know that YOU ARE ENTITLED TO LEGAL COUNSEL WETHER YOU PAY FOR IT OR NOT!
New Mexico – I am trying not to give up but everything I have filed from district court to the court of appeals to the bankruptcy court has been denied. I am pro se but I am using what I have found others to use and while I have not done a perfect job, it is hard not to either feel like a fool or that it is all a big conspiracy (maybe both).
Tomorrow I am going to town to file a letter of intent to sue with a quitclaim deed form to the Plaintiff/Bank Jerks. I am using the documents from the “show me the loan” workbook and I have a few questions. Does anyone have any experience with any of this? NM is a judicial state.
Thank you!
gari
Hi Gary, I don’t know what a ‘quitclaim deed form is…? but I would check this out, it takes 10 minutes to view it, but it might be that you would know how ot use it for good effect. … Penni
http://robcourtofrecord.wordpress.com/2012/07/14/master-mortgage-remedy
Ty Penni! I will give it a look 🙂
Have you been using a court reporter along with your cases? Sometimes the judges will make rulings differently if there is a court reporter present. I don’t know if that will help, but it may be worth the
try in order to preserve the record, if you haven’t used one, for the courts to better review your appeals and the process. I’ve seen, in my profession, where many pro-se litigants who have a court reporter there tend to be taken more seriously.
I quickly looked this site over and immediately recognized this as the sort of nonsense that gets everyone into a lot of problems with the court and everyone else and it is absolute nonsense! Idiotic and stupid! ABSURDITY!
When I want to learn something that is dependable I do a search on wikipedia.com and almost always find great information for free that is worthwhile to implement, but not his garbage by robb at robcourofrecord!
I live in CA. I am seeking informed and “aware” adult’s who accept the responsibility to assert their rights via representing themselves and getting their facts and truth on record. Those who are motivated by strong desire for justice and fueled by tenacity. I have done month’s of research and collecting data. I managed to stop 3 Trustee Sale dates, I continue to develop strategy to present a strong position and remedy. Those researching remedy (with due diligence) and ready to contribute and mastermind… contact Karen @ 530.255.4509.
Hi Karen, I do not live in Ca anymore, but I would say to enlist the help of your local Occupiers. Many of our groups are stridently tryijng to stop fraudclosures and in so doing, have established realtionships with other local oragnizatins whose memebers have been hard hit by this incredible scam. That is probably the best thing I can suggest. Penni
Sharon-
What state are you in? I would keep shopping for an attorney-and make sure they are familiar with the Securitization Issue. try this site too
http://livinglies.wordpress.com/emergency-workshop-in-santa-monica-94/find-a-lawyer-that-gets-it/
this has good info but you need to be a member to access most of the info. knockoutcollectors.com
also- there is a call tonight you may want to be on to ask questions :
http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=54318&cmd=tc
Received a Lis Pendens and need to respond by the 13th. Any advice? Athorough Securitazation audit revealed several robo signers etc..A lawyer consulted wants 10,000 to take the case. Time running out. please advice.
That is too high! Depending on the state, a good attorney should be able to file the complaint for under $1000. Find someone who has a track record.
It appears, from her post, she is in a judicial foreclosure state like Florida, therefore she would be filing some form of response to the banks complaint, not filing her own complaint. See my other post in reply.
Sharon – It is likely that you are in a judicial foreclosure state and what was served on you is a ‘Complaint’ with the ‘Lis Pendens’ on top. It is the ‘complaint’ that must be responded too. The Lis Pendens is just a notice in the public record that a complaint for foreclosure has been filed.
Keep shopping for lawyers, you need one. Depending on what state you are in and where you are located in that state people on here or the Foreclosure Hamlet may be able to suggest the names of competent foreclosure counsel, but first you need to tell people the location of your property.
If you need extra time most states allow you to file a motion for an expansion of time to file a response to the complaint. I did that, asking the court for 30 days after the court signed the order. Because the court took about 10 days to address my motion that gave me 40 days total.
Depending on the rules of civil procedure in your state, your response can be a motion to dismiss or abate the complaint because of legal defects in the pleading, which is the standard response by most foreclosure defense specilists, OR an ‘answer’ and ‘affirmative defenses’ which is NOT a letter to the judge but a rather technical document. In either case you need the help of competent counsel to file either one.
If she is in Florida, she can file her own “Answer” to the complaint – no law here says you can’t! I filed my own just like tons of other ProSe’s here….but she only has 20 days not counting the day she was physically served. And by the way, here in Florida you MUST be physically served by a process server – not by mail!!! Sharon did not mention if she was actually ‘served’ she just said she ‘received’ a lis pendens…..BIG, BIG difference in this state.
JamesM it’s just jean years ago
Has anyone here dealt with their county trying to refuse eligibility for medicaid, based on transfer of homestead fraud, date of transfer? Date of transfer and property title is never mentioned in the law, NY SS 360.1.4, yet the chautauqua county social services lawyer is not allowing transfer of our home as is allowed under the law. I’ll get $80k debt and they’ll lien the house. if so, please contact me; we nee to make this public and stop it.
Did bank UnitedUnited backruptcy affect my Note and or Mortgage i have with them.
Looking for other unhappy campers who have AHMSI aka Homeward Residential as a servicing agent and are dealing with their predatory collection tactics: not sending information in writing, constantly kicking you off their website or insisting that you talk to their servicing agents. Getting verbal assurances but nothing in writing, specifically in WA state.
OMG, yes I am on board. I have had nothing but problems with these jackasses. They are now in the process of trying to foreclose on my home. They are a crooked group of people. I currently have hired an attorney because my home was up for Sheriff’s sale. We did get a stay but they are coming after me hard. Deutsche Bank is behind them and they are crooked too. I am feeling so helpless at this point. I would love to get a group of people together for a class action suit against them. I live in PA. These companies are so big and we little peons just have no chance. We need to stick together.
Be sure you file a written complaint with the Atty General of your State, the local TX BBB, the FTC, and the Consumer Financial Protection Bureau. Stop communicating by phone. Do all correspondence in writing by certified mail to them. As for a qualified written request and ask for the 1) the original loan documents 2) a copy of the actual deed 3) a complete history of your payments and the fees that they are charging you. If they call you, document every phone call, ask for the rep’s name and employee number, if they ask you for money, have the specifically give you the amount in writing including all fees they are charging you. Keep in touch and don’t lose, hope, good always overcomes evil.
Lea France (Fannie Mae) has earned praise and respect from Fannie Mae, for her top performance. Lea has been recognized as one of the top Real Estate Owned (REO) in-house sales representatives at Fannie Mae over the course of the past six years, Lea leverages more than 18 years of experience in real estate and business. She is NOT an Associate Vice President for Fannie Mae and she is not involved in the Fannie Mae scandal in any way. She has never sold any Fannie Mae properties in Arizona, and she has never sold any properties to the Fannie Mae investor called, Orchard Terrace Estates, LLC from California. The blogger John D. who has posted a comment on this web site, is obviously trying to do a “hatchet job” on Lea France. John D you need to take off your hood, because no one supports the Klan anymore thank God. Lea France is without a doubt one of the most respected sales representatives at Fannie Mae. The comment posted by John D.
is all lies, and Ms. France has received IP addresses from Google and intends to file a law suit against John D.
hi Penni
I have a federal lawsuit against chase and emc with u.s.h.u.d. under title 49 u.s.c. 24 c.f.r. under the fair housing act of 1964 to stop this victimization of senors and disabled vets like me . please sign my petition to sechud donovan . I asked aarp for help since I am a member and they just ignored me and wouldnt help stop this.
http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
ok penni but my membership is ‘pending’ but it may be a bit.
can i list my house as unsecured debt in 13? i think I might be right over the edge of the income limit in NM for filing 7?
g
Ok Gari, I was having a bit of trouble getting in there myself…I tend to get a bit angry with my pc, have o many things to do & my machine is friggin’ slllllooooooowwww. i have already posted that you will be coming into th eCHAT 7 that you need some help. I don’t know anything about chap 13, I did a 7..;-( Once you get into the main page over there & fill out some minimal profile quesitons, click on CHAT and go to the MAIN ROOM. I’ll try to be there, I am losing daylight here & need to get outside for awhile while it is cool & still light enough to see.
I tried to reach you thru FB also, couldn’t get there….??? still checking back with the hamlet, so whenever you get int there, I’ll probably show up.
penni – i searched for you on fb but it is not coming up. can you search me? garon bodor?
Hi gari, I don’t know why that would be happening, anyway, here si abetter place to go;
http://www.foreclosurehamlet.org/
register & sign in for the chatroom, the main one, there are many good people on here who are going through what we ar, they have LOADs of good ideas. See you there in abit. Penni
Gari, please go to facebook, to my page Penni Palthe, message me & I wil send you my personal email addy & we’ll talk.
A bankruptcy filing will stop the sale – but the filing must occur prior to the sale time. I heard of one instance, where the lawyer filed the bankruptcy an hour late, and the sale was valid.
Hi All, I am not minimizing in ANY way what is happening to the ones who have posted troubling issues with their homes, I kknow EXACTLYhow you feel & am going through the same thing at the present tim. Just know i needed to get this out there today for all to see so that something might possibly come from this. ..here it is, I received on another foreclosure group forum email earlier today;
Please contact Robbie with NYTimes if you all have contacts for 75+ year-olds who’ve lost their homes due to foreclosure.
Best,
Allie and OOHA
o: occupyhomesatl@gmail.com, pilgrim1@mindspring.com
Hey Allie and Rich,
I’m a reporter for the New York Times. I’m hoping we could talk for a story I’m working on today.
There’s a report coming out tomorrow by the AARP that shows foreclosure rates have soared among elderly homeowners (people over 75). I’m writing about that report. I’m looking for elderly homeowners in metro Atlanta who have lost their homes to foreclosure. I thought you might be able to put me in touch with someone dealing with this situation.
Please give me a call at 404 401 4071 so we can discuss. Thanks very much.
Robbie
___________
Robbie Brown
The New York Times
Southern Bureau
RobbieB@NYTimes.com
Office: (404) 584-8645
Cell: (404) 401-4071
PLEASE HELP -my house to be auctioned in less than 48 hours
My house (New Mexico) is being sold in 2 days. I filed an emergency amended motion with the district court friday (on top of my original motion for stay 2 weeks ago) but the district court continues to refuse to respond. I filed a emergency motion with the Court of Appeals yesterday to review and compel the district court to respond to my emergency motion.
As of 15 minutes ago, they said there is no answer from the court and all I can do is keep calling back to find out. I tried the Special Master assigned to sale my home and he works in the office of the Plaintiff’s counsel and will not take my call nor will the paralegal.
Is there anything I can do now? If I can’t stop this auction, will it stop temporarily if I file for Ch 7 with the house as unsecured debt?
???? yikes
File a chapter 13 form with the court, and that will get you a temporary stay (30+ days) while you/they figure out if you can keep (reaffirm) the house. If you have done all the right things in the past, up to the point of going delinquent on a sub-prime loan, a good attorney in NM should be able to fight the lender for wrongful acts.
I would also try filing pro se chapter 7 if that workd for you, but you will probably not be able ot list your house under a ‘unsecured debt’ it is secured after all as it is sitting on a peice of land & SOMEONE is claiming that they have a right to it…that way, ey will have to go to court to do what is known as a ‘RELIEF FROM STAY” in order to go ahead with your foreclosure…this takes a couple of weeks in my experience. MY BIGGEST MISTAKE is that at the time, I DID NOT RESPOND to their motion for that relief from stay…At the timje , I was trully ignorant, knew NOTHING about the fraudclosures & was so blown away by the very fact that I had to file for bankruptcy that I couldn’t even think straight…so DO THAT FIRST. 2nd. get ahold of your public trustee & talk with him or her about what is going on. 3rd. DON’T FREAK OUT….LOL!!! My home was sold on Jan 4th AFTER the public auction….I am still here…there is more that you can do before they will come to evict you from your home. Please don’t hesitate to email me with questions, I will turn on the responses for this thread & will get back to you as soon as possible to share more if you need it. GO TOMORROW, FILL OUT A PRO SE BANKRUPTCY & GET IT FILED..IMMEDIATELY! Penni
ty ohioan & penni,
Penni – how do i email you directly? i have a few questions such as what i might say in the response to their motion to relieve stay and also how do i find out who my public trustee is and what they can do and how you are still in your home?
i know that the bank says they own my note and assignment of mortgage but there are only fraudulent documents on file which is why i am fighting them in court to begin with so why wouldn’t I list it as an unsecured debt? why would I file 13 v 7 (i can’t afford the mortgage that stands much less all the fees they are hitting me with) and how do i figure out what do i need to know about advance notice if anything right now (i believe here in NM they need 30 days and we are at day 28 – does that matter right now)?
THANK YOU!
gari
She should file a Chapter 13, not a 7 if at all possible. As for the listing of the house as UNSECURED, in many cases where there is a problem with the mortgage, the loan may actually NOT be properly secured by the property. The loan is against both the house and the land supposedly but this is what needs to be disputed if there are grounds. Therefore, she would either list it as unsecured or list it as secured and disputed.
Penni’s logic is sadly missing this point. Some very noted attorney-bloggers have pointed out that many of the loans should be listed as UNSECURED if a bankruptcy filing is required to stop the foreclosure.
If you call to ask for more time – be sure to follow up in writing. Tell them how much time you need and why. And always keep a copy of your written fax or email. In writing, so there is a record. Or, act within their deadlines, since failing to be on time gives them an excuse to deny you.
I would also RECORD any phone conversations with them….let them know you: ‘might be recording this conversation for quality assurance”…:-) if you don’t have recording capabilites on your phone, go invest $19 bucks at walmart . You can use a recording in court if you warn the other party that they are being recorded… also, write down times that you call, the number you, the name of the person you speak with, become your own best investigator….i know this is alot to keep in mind when you’re frazzled, but it will all work in your good stead later on should you need it. The WORST thing is to fall into thinking that there is no way to fight for yourself…the terror leaves after a time….LOL!!! we are all here for you…;-) Penni
The potential enormity of George Hartzman’s Wells Fargo Whistleblower filing
on Envision Investment Plans and 4front
http://hartzman.blogspot.com/2012/07/potential-enormity-of-george-hartzmans.html
Did Wells Fargo CEO John G. Stumpf profit from stock and option compensation
while not disclosing material information?
http://hartzman.blogspot.com/2012/07/did-wells-fargo-ceo-john-g-stumpf.html
FINRA, SEC, DOL, CFPB, FTC, FRB, and PCAOB Wells Fargo Whistleblower Filing
http://hartzman.blogspot.com/2012/06/finra-sec-dol-cfpb-ftc-frb-and-pcaob.html
I just received a modification package from Nationstar ‘Mortgage’ and it’s faster than planned.
ARE THEY ramming these through because of the LIBOR thing and other corruption catching up?
Should I go ahead and sign it – they only give me like two days to do so.?
No, I don’t really trust them (already have 2 alonges to note and I know they’re fraudulent) but also don’t want to spend my life fighting them either and lose my job because of fighting it, and don’t have the money for a lawyer if any even return calls, plus I have to decide fast or modification will be recalled.
Should I just sign it and wait for he fallout of all this banking B.S.?
Also I was working with a HUD counselor and I find it fishy as well they didn’t send the package through him (will call him first thing in a.m and pray he’s in)
I hope someone has some advice…it’s all so frustrating
It sounds fishy to me since they are only giving you two days to act. Did they lower the interest rate and convert it to an interest only loan? I’d call them and tell them you need a few more days while your HUD agent reviews the re-mod offer.
Bank of america playing games again. they sent me a copy of my note and there is no endorsement at all. a previous copy of my note showed it stamped by robo-signer Michele Sjolander. pay to the order of countrywide home loans, without recourse. why now its totally blank I do not know. they said the owner of the note is mellon bank a trustee, yet I get an email from them saying they are not the owner of the note. I have a fraudulent assignment too. I doubt who I really owe money to and who owns my house.
You can listen to an argument at the 9th Circuit, under California Law, at this link;
Listen to recording for case: Michael Carney v. Bank of America Corporation, et al., No. 11-56421
Listen:
* Requires Windows Media Player
http://www.ca9.uscourts.gov/datastore/media/2012/07/11/11-56421.wma
Download:
11-56421.wma
Case Name:
Michael Carney v. Bank of America Corporation, et al.
Case Number:
11-56421
Case Panel:
Burgess, TALLMAN, SMITH
Hearing Location:
Pasadena, CA
Hearing Date:
07/11/2012
Supplement(s):
N/A
Gari,
I have found that the best approach to filing is to file everything you can whenever you can, make it part of the record. So many times people are denied the opportunity to redress their legal issues because the courts say “Late Filing” or “Issues not raised Below”.
Make it part of the record, repetition is not grounds for denial….
Just my opinion on the subject.
Dan
please sign my petition to end all this mortgage fraud and discrmination under the u.s. title 49 fair equal housing act civil rights law for predatory lending providing full restitution to the victims of this crime.
best regards please click link below
David
http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
service has been delivered to chase emc corporate rep in olympia wa for this case and it is now in the region ten feho office in seattle u.s. hud john chung investigating hud attorney. an ongoing case.
case no. is 10-12-0032-8. feho case region ten us. hud fair equal housing office seattle wa. ms mcbride us hud regional administrator for us.hud pacific northwest.
best regards
David
please sign my petition on change.org for the link above. under economic justice
Help in New Mexico! My house is scheduled for auction on 7/19/12 and I have filed a Notice of Appeal (7/2/12), and Motion to Stay the case in district court (6/28/12) and the judge has not responded at all. I have contacted the judge’s clerk several times but she either does not respond or says she does not know what is happening. The judge seemed very sympathetic to my case but his clerk does not. Is there anything I might be doing right now other than waiting and calling to see if the judge is going to stop the sale?
Go to your states Supreme or Superior Court Rules, there’s a way that you can by-pass the Appeals court and pose a question directly to the the States Highest Court when no other remedies are available to prevent harm in a timely manner. If you can get your question before them they will usually issue a stay of the lower court proceeding until that court responds.
Wish I could tell you more but maybe someone out there familiar with New Mexico can jump in with some info.
Good luck.
Dan
Call the Clerk of the Supreme Court of New Mexico and tell them what you just told us and see what they say. It is very unlikely that there is anything you can file to your supreme court except perhaps a petition for writ of mandate – for the court to compel the lower court to rule on your motion. You can also file another pleading with your local court to remind the judge that you have this pending motion. You can see if you have a trial rule 53 in your state that patterns the Trial Rules for the USDCourts which if you find that the time has been delayed beyond the time limits for the judge to rule, then you can do this 53 motion to have the clerk file the judge and do what this rule states must be done for a replacement judge to take over the case.
Thank you very much Dan. I am going in tomorrow to file an emergency amended motion for stay of auction and a couple of other things and then file a Motion for Review with the Court of Appeals on Monday afternoon if the District Judge still has not ruled. I am asking the Court of Appeals to review the District Court’s non-action.
I am looking at your comment here as well and think that what Trillions says below may also be an option but I have heard it is a long shot. Still it is something! I am just so over my head in all of this. The judge never ruled on my Motion to Strike some of the Plaintiff’s evidence as well. Should I also maybe file on that now or just wait to see what the Court of Appeals is going to do?
The Judge seemed very sympathetic, it seems to be his clerk/secretary that finds my case annoying.
???
🙂 gari
I filed a Lis Pendens in my county recorders office which means pending lawsuit. I would post signs on the property that say “if you buy this house there are clouds on the title”, or demand to talk to the judge. say its an emergency. call your congressman. call the local news. make noise. dont leave your house. get evidence of fraud by robo-signers and take that to your attorney general and say you need emergency help. dont ever give up!! They are guilty of fraud!
Looking to find depos from Mary Ann Hierman and Debbie Nieblas as far as their robo-signing activities(if there are any) and any info that can be used in re: their activities. They have signed as Secretaries…. but I need more information. Thank you for the help.
My mistake…. Assistant Secretary
Leslie
MARY ANN HEIRMAN is a known robo-signer. Try and find one of the current lists of robo-signers becasue her name will be on it and I’ve seen alot of her signatures that appear to be nothing more than a rubber stamp.
Good luck.
DLC
If anyone is interestied would like to be part of the telephone conference with Donovan, here’s the info:
“We want to make sure you know about a tremendous opportunity to learn more about how home mortgage relief works and what it will mean for homeowners and the economy.
The U.S. Secretary of Housing and Urban Development, Shaun Donovan, will be holding a live online video conference on Thursday at 3:15 E.T. to answer questions and provide more details.
RSVP here to the online conversation with Secretary Donovan. A reminder will be sent to you before the event.
Secretary Donovan is an important voice in the administration on housing issues. This is a great chance to hear directly from him and show that there is a nationwide community calling for action….”
………………………………………………………………………………………………………………………………………………………………
If the link (on the RSVP line) doesn’t work, please contact me and I’ll forward the e-mail from Rebuild the Dream.
Rusty: You are CORRECT: banks must follow 2923 & 2924. It is the OBVIOUS error on theri part when they don’t. Be sure to motion for a TRO which lead to a P/I…IF…you can prove the forged signatures. I have MANY “T.Sevillaon” forged sigs; includiing the sig in the NOTARY LOG BOOK which does NOT match the recorded docs. It’s GREAT EVIDENCE but may not be enough to get a FREE & CLEAR house… depends on the jury….
Again, don’t get fooled by the ‘ghost’ trustee sale; which they WILL pull on you. Here’s a good summary of HOW they’ll operate (My Opinion Only…)
http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
It depends on the state. Some states are mandatory recording. Other states, such as Florida, are permissive.
My case Marilyn Lane v.Astoria Federal was in Federal court May 8 1997 thru July 29 1997 when the state judge on June301997 illegally signed two judgments of foreclosure and is in the record for all to see and
yet Fidelity National Title and a scam company called Coronet Title can paqqy off NewYork judges to claim
their forged deeds are good.
Tim
In NY Chief Judge Jonathan Lippman does nothing about the lower court judges ruling against the law.
(the trial court and the appellate court judges)
I think that is why he is pushing for pro bono ATTORNEYS in fraudclosure matters because so many pro se defendants are fighting the the law is not being followed .
Not saying this is the case in your instance, but many foreclosures go through because of poor arguments. Judges only rule on the claims and defenses brought up in the action. This usually limits the scope of their rulings. It is sad, that they forget that they are the guardians of justice, and are supposed to be the defense to injustice occurring. We all know that they have long since disregarded this. This is especially true in pro se cases, where judges should be especially vigilant.
“Show me the note” is a good argument, but many do not use it in its correct context, the UCC. They just toss it out there. A better defense, though seldom plead, is “Read the note”. The note’s language supercedes the language of any security instrument or outside agreement. Many notes make any endorser equally responsible as an obligor with joint and several liability. In a securitization, there are many parties that endorse the note, and unsuspecting, make themselves obligors. As such, they cannot assign or sell the note “without recourse”, to be an effective transfer. You, as the pricipal obligor, have rights of recourse against any secondary obligors, that only you can waive. You cannot sell or assign less than the complete instrument under UCC.
This is also among the many reasons MERS mortgages are Bullsh*t. A nominee cannot retain any interest as a “person entitled to enforce”, in an instrument upon sale or transfer, no matter what they claim. They cannot enter into a contract on behalf of some future owners which they have no agency with. A contract must be signed in the present on behalf of the parties to the contract, or specifically named parties if it is a perpetuity. Nor can the MERS Membership Rules, as an undisclosed outside agreement, interfere with the original contract. These membership rules are actually a defense to the obligation.
Understand your mortgage docs, and how the UCC binds or discharges parties to obligations. Plead accordingly.
Hey Rusty,
You have a right to record documents effecting title to property as long as they are not spurious documents only meant to delay or disrupt someone elses rights in that property.
However, whoever bought the property at the foreclosure sale can not and will not be affected by your lis pendens filing because it wasn’t part of the record at the time of the sale so no matter how much due diligence the buyer exercised, he couldn’t have foreseen your issue effecting his purchase.
That ‘s my take on it but this isn’t legal advice.
Hope this helped in some way.
TheGrey
Thank you Grey for the info! My home was purchased by the so-called Trustee Cal Western Re-conveyance so it’s a REO property. All entities involved were aware of my challenge to their action as indicated here
TAKE NOTICE
There appears to a clear violation of applicable law, mater irregularity or suspicious activity that reasonably suggests a material defect in the foreclosure process. However further verification is recommended to confirm the issue determine whether certain other elements of the supposed defect exists and therefore the potentially suspicious activity exists:
A review of procedural compliance with applicable rules pertaining to:
o Notice of default; California Gov. code 27287
o Notice of trustee’s sale; CA Civil Code 2924 et. seq.
o Substitution of trustees; CA Civil Code Section 2934a
o Assignment of Deed of Trust; California Civil Code Section 2923.5
Evidence of forgery or misrepresentation of identity:
o Signature Variances California Gov. code 27287
o Notarization Violations; 15 U.S.C. §1601, et seq.
o Appraisal Violations; 15 U.S.C. §1601, et seq.
o TILA Violation 15 U.S.C. § 1601(a). et seq. and Reg. Z – 15 U.S.C. §1635
o RESPA / HUD Violations P.L. 93-533. 24 CFR Part 3500 (1993) Section 8
o RICO Violations 18 U.S.C. §1962 (d).
RE:
Loan Number 1044687110
MIN 100425240007853077
Recorded TD# 20060519-0108048
Page 12: Notice of Default and Election to Sale: The authorized party must be truly authorized and not a party with APPARENT authority because the authority must be executed in properly recordable form and then recorded PRIOR to the notice of the default.so the notice of default is defective unless California Reconveyance is the Trustee but it doesn’t say. California Reconveyance cannot be the Trustee unless it is appointed by an authorized party and the recording of the substitution predates the notice of default.
So I am thinking they have knowledge of these flaws.
I really appreciate your input,
Rusty
Back again,
Can a Lis Pendens be recorded after the Trustee’s Sale? I have researched the law and cannot find information answering this question.
CODE OF CIVIL PROCEDURE
SECTION 405-405.24
405.1 as the party who asserts a “real property claim,” which in turn is defined in Section 405.4 as a cause of action in a pleading which would, “if meritorious,” affect title or the use of specific real property or an easement.
The statutes primarily governing the recording of a notice of pendency of action are found at Code Civ. Proc. §§405–405.61. The basic circumstances and requirements for recording a notice of pendency of action are found in Code Civ. Proc. §§405.20–405.24. A notice of pendency of action is available in real property claims as defined in Code Civ. Proc. §405.4
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=405-405.24
I would sincerely appreciate your input…. Rusty
I live in Georgia, & I would like someone to please explain to me how it is legal to be tortued & harassed by Bank of America just because I won’t do a home mod!!!! It all started in 2009 when I went to pay my land taxes & found out Bank of America had paid them. I pay my own taxes & Insurance. I have 50 acres. I only have a mortgage on my house & 10 acres. They paid taxes on my whole 50 acres. Needless to say I sent them a check for their mistake. Next they put a Forced Flood on me. It’s in my loan docs that I am not in a flood zone for the life of my loan. I had damage done to my home in a storm. They stole my Insurance money. People started showing up on a weekly basis peeping in my windows. Bank of America started billing me for it. I started getting Foreclosure letters, I am not behind on my payments. I kept calling & they kept telling me that I HAD TO DO A HOME MOD. What the Hell? It is know 2012 & my credit is ruined, my hair is falling out & I am still harassed on a weekly basis to do a home mod. IS THIS NOT AGAINST THE LAW?????????? HELP bankofsuxgeorgia@gmail.com
I might help you better if you contact me at my email of mlfwf@yahoo with more information than I want to take time to write here as I do not know that you will ever see this – so – You could file a suit, maybe in small claims as that will be much simpler than regular court, but the amount you can be awarded may be less than with a jury but a jury trial is much more difficult and takes much longer to get relief. Your lawsuit could be for trespass and or harassment or something related as a homeowner in texas just got a sanction against a bank recently for $300,000.00 for such behavior as posted here within the last couple of weeks, but you will need to have meticulous records to make your evidence prove your injury for damages or judgment in your favor.
I reside in MD as well, and I am curious about your attorney/ Are they profecient in foreclosure protection?? Do they have any training in this matter or are they learning as they go?? No disrespect because I have done research on my mortgage and know that BOA is just a servicer but acting like they are the note holder which I have found to be untrue. I also know that my loan was sold 3 times and never registered in the county court house and my note was actually sold to an investment pool … let me know James
Any info on Estrella Saldago, signing for MERS? I have the document she signed, if anyone wants it, send me an email, marjalaw@gmail.com
On behalf of BAC (Bank of America), the signor was Jeff Stenman, signing under a Power of Attorney, but when I looked up the actual Power of Attorney, it did not list Mr. Stenman (but I cannot get the actual document off the internet, just a listing of four persons, who do not include Stenman).
The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building
Albany, NY 12224
Dear Governor Andrew Cuomo:
Below a copy of my letter to Chief Judge Jonathan Lippman.
Excuse the bad word but I am sure you have used it once or
twice in your life.
June 25 2012
Chief Judge Jonathan Lippman
20 Eagle Street
Albany, New York 12207
Judge Lippman:
I am in receipt of Andrew W Klein’s letter returning my motion
papers asking for the Court of Appeals Discretionary Jurisdiction
in an appeal for Constitutional justice against five f—ing lying
1st department appellate judges. (better get use to that language
that is how the citizens of the country are talking about the judges
on the Internet and with good reason.)
Are these five judges Saxe, Friedman, Moskowitz, Freedman, Richter
going to say sorry we lied in our first decision about the dates the case
Marilyn Lane v. Astoria Federal S & L was in federal court
May 8 1997 thru July 29, 1997 and the two void ab initio foreclosure
Judgments of June 30,1997 signed in NY State Court and tell the truth
No they are going to keep covering their lies. They made a fool of you
in their one word decision and you still trust them. Amazing.
The Constitution pursuant to Elliot v. Piersol says these two condos are
still my two condos., although the NY Court of Appeals doesn’t care
whether their judges war with the Constitution.
Procedure wasn’t the problem. If your judges had the smarts and ethics
of Judge Arthur Schack, I would have been back in my two properties
many motions back.
Your court stole hundreds of thousands of dollars from me with their
Fraud, so you don’t have to fake the court’s honesty about $65.
Your judges destroyed the integrity of the New York courts.
Truthfully but not respectfully submitted
Marilyn Helyn Lane
I would not trust any agreement made with Mafia bankers.
YES MARYLAND i am fighting in florida. this is aa horrible time in our lives. my issue right now is finding joan m mills robo stamp documents. i am trying to find out information why judges are are allowing robo stamped douments to foreclose??
Looks like Wells/ America’s Servicing is attempting to try again here in Maryland. We were successful (with an Attorney) backing them off a year ago, and here we go again!
I am wondering if anyone has actually recieved a “Securitization Report” with Loan Level Data? I am specifically looking for data that shows my account and any payments (or payoffs) recieved via Credit Default Swaps, and or “Credit Enhancement”?
I am also curious to know if anyone has sucessfully won producing this documentation?
I know they don’t really have any standing, as they are 3 removed from the ‘Lender’, who has gone out of business some 4+ years ago.
Anyone in Maryland successful?
I will be posting updates and our story here for all to use.
Fight the good fight! Challenge Everything! They don’t have it! (And if they do, they made it up!)
I have been to the Whatsignature website, not much there and what is there is very dated.
What everyone needs to realize about this Robo-Signing story is is that it’s “FRAUD” and calling it robo-signing doesn’t change that fact.
The TBTF Banks along with MERS have not stopped using foregeries to steal the American Dream. MERS entered into a Consent Decree with the OCC and several other agencies (this report was released March 12, 2012) and they have failed to uphold their end of the deal but I won’t go into the details here and the Banks, well we all know about the agreement that was just reached recently and the amazing BS that was contained therein.
All these criminals have done is to relocate, you can’t call it a change in tactics because it’s pretty much the same game they are playing. using forged docouments signed by forgers and acknowledged by notaries who should be jailed. They have just started using new people in new places because so many of the people and names used in the past are public knowledge. So here we go, the same game all over again. Does this feel like Groundhog Day to anyone but me.
Several new Notaries out of Southern California are acknowledging these illegal assignments coming out of MERS and now MERS is attempting to assign your Note along With your Mortgage or Deed of Trust.
It is to the point that I want to throw up everytime I see a new docoument, it makes me sick. I clearly see the criminal activity but those trained to see it can’t get thier heads pulled out the Bankers butt fast enough to catch it.
I can’t continue, I think I hear someone riding down my street on horseback hollering the Bankers are coming the Bankers are coming. Time for me to answer the call to arms…..
TheGrey
If an actual debt collector sent notices to a chiropractor, or any other inappropriate recipient, that may be a violation of the Fair Debt Collection Practices Act, or a similar local state law. This might not apply to National banks.
They don’t care AHMSI broke every agreement, locked me out of my house while I was to still have acess, and had my cats killed.
We are fighting BOA/ Countrywide . I am looking for anyone who has confirmed documents of ROBO signers, DEPOSITIONS, AFFIDAVITS, NOTARY ORGANIZATIONS, ETC. regarding:
MERS Morgage Assignments for these names of ROBO signers from California.
MERS ASSIGNMENT OF MORTGAGE:
1. Chrisopher Herrera Assistant Secretary
2. Jane Martorana Assistant Sercretary
3. Chester Levings Witness
4. Miguel Romero Witness
5. Norma Rojas “NOTARY”
Note: Stated that recorded mail to “CoreLogic”
PLEASE EMAIL ME AT BANKSTERBUSTER@YAHOO.COM , no “s” in email just me alone as pro se.
more to add: Prepared by Kathy Oriad from Bank of America
Also, we have been in litigation for 5 years… the Assignment is dated 1-18-2012 . As in 2012 … 6 months ago?
My sale is scheduled for July 29th. What do I need to do to stop the sale of my home? I have filed a motion to leave district court so that I can file an interlocutory appeal but my judge’s staff is being very difficult about when the judge will respond and I may have missed the 15 day deadline so my thought is to just go ahead and file a regular appeal with the Court of Appeals because I am within that 30 day window.
If worse comes to worse, can I file bankruptcy right at the last moment to stay the sale until I get responses back from the District Court and Court of Appeals? Or is there some other angle I can take to keep my house from being sold while I am waiting for the courts to respond?
Ty!
gari
WANTED INFORMATION ON::::: WELLS FARGO MISTRESS
JOAN M MILLS RUBBER STAMP VP WELLS FARGO
CONTACT ME PLEASE SSSSSSISTER@yahoo.com
Is it common practice for foreclosure paperwork to be sent to other people like my wifes chiropractor? We’ve been behind on our house and actually gave up and stopped paying on it figuring we were just going to leave. It was mostly due to my wifes being out of work for over a year and a half.
Now she has a decent job again. But we got foreclosure paperwork setting a sale date of August 17th (now moved to August 30th). So we called Wells Fargo trying to see if we could work anything out. They just got back to us and offered us a deal which we’re considering.
About a week ago my wife goes to her chiropractor because her back was out. The lady at the front desk gives her the folder and says go wait in the room. Out of curiosity my wife opens it up to look and whats on top but our foreclosure paperwork with everything on it – original signed documents, foreclosure sale date, what we’re behind, etc. Very embarrassing. Who else would they have sent it to? Why would they send it to my wifes chiropractor who has nothing to do with anything. Is this normal? Feel like contacting a lawyer over this.
mike, you dont mention the sate but i gather non-judicial. 1st of all please understand wells fargo does not own your note or mortgage. the mortgages were sold right after closing. heck wells fargo lent us none of their own money. indiscovery we all need to find out who lent us the money, that becomes fraud since they are not on the note or mortgage. but this is a small art. please obtaon a lawyer to defend the foreclosure. most likely you were given a predatory loan either an adjustable mortgage with a baloon or a stated income loan which means no income verification. done to everyone. in reality you should have been able to afford your house on one salary the same thing happen to us by the hands of wells fargo. stated incom loan, no income verification = mortgage made to fail. fight wells fargo with everything you got. please check us out on foreclosure hamlet and living lies websites. alot of good information. good luckk and fight!!!!!
Very odd, discuss it with your attorny. Is it possible that under the stress of foreclosure you or your wife left the paperwork behind in the office on a prior visit, and they just put it in your file for safe keeping?
Court records are public records, so any one could have a copy. Still, it is odd.
More to the point, a pending sale is NOT funny. If you plain to keep your home focus on the real legal battle, not the peripheral stuff.
So do I need to wait for my district judge to give me permission to file an appeal with the Court of Appeals before I file with them? While the judge is sympathetic, his staff seems very frustrated and confused by my questions and did drop the ball on sending my documents as well as failing to notify me by email as I requested. I am starting to get stonewalled by the courthouse staff though I have taken every opportunity to be friendly and patient and grateful as I have read I should and as I watch ALL of the attorneys who come in do. However we are a very small uneducated rural community with a huge amount of neopotism and I am white and the staff is not so me being an insistent white woman who is asking them questions they should know the answers to and do not is really starting to aggravate them. Yet I need this information and for them to do their job. There are a number of errors in my court case log AND the laws recently change so that I cannot access any filing online nor be notified but the Plaintiff can through his attorney so they get everything immediately. Should I start to bypass the district court and hope the Court of Appeals will be more organized and professional? So far they are nice but they also do not know what an interlocutory appeal is nor how to file one and they are the ones that told me I had 30 days though I was very clear about the ruling in my case. Should I try to get the state Supreme Court to assist me here???
However, I just looked at the rule again regarding Interlocutory Appeals and think I may still be in a bad position because I did not file the appeal itself because I ‘thought’ I had to file a motion for leave from district court and receive permission from the judge before I could file an appeal with the Court of Appeals – but looking at the rules it sounds like I had to file the actual appeal itself within 15 days of the judge’s filed decision:
New Mexico
39-3-4. Interlocutory order appeals from district court.
A. In any civil action or special statutory proceeding in the district court, when the district judge makes an interlocutory order or decision which does not practically dispose of the merits of the action and he believes the order or decision involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order or decision may materially advance the ultimate termination of the litigation, he shall so state in writing in the order or decision.
B. The supreme court or court of appeals has jurisdiction over an appeal from such an interlocutory order or decision, as appellate jurisdiction may be vested in those courts. Within fifteen days after entry of the order or decision, any party aggrieved may file with the clerk of the supreme court or court of appeals an application for an order allowing an appeal, accompanied by a copy of the interlocutory order or decision.
History: 1953 Comp., § 21-10-3, enacted by Laws 1971, ch. 40, § 1; 1999, ch. 80, § 1.
You can try to file a Motion to the Appeals Court that is:
Verified Belated Motion for Leave to File Interlocutory Appeal for Reasons of Mistake and or Excusable Neglect.
Explain that you are a pro se an what the evidence is about how the Clerk admits not sending you any copies as you stated are the facts.
Check on your trial rules for Mistake and Excusable Neglect.
You need to verify this by a statement like:
I __________ the undersigned swear or affirm under the penalties for perjury that the above statements and or representations are true.
Date: ___/____/2012 Signature: ________________
Printed Name:
I have been reading the rules to the best of my ability but I still misunderstand and miss things no matter how hard I try not to do so. The last thing I ‘missed’ was regarding how long I had to file my appeal. My local rules say 30 days and so did the Court of Appeals. However, yesterday when I came to town to formally begin the process by filing my leave from district court to appeal to the Court of Appeals, I noticed a rule for ‘interlocutory appeals’ which I had not seen before nor known to look for but remembered it being mentioned in the last week regarding my case and the rule for these types of appeals allows only 15 days. After digging around a bit, I came to the ‘understanding’ that my case is interlocutory and based my request for leave on an Order filed on 6/13/12 denying my motion for reconsideration of plaintiff standing plus threw in the others filed on 6/8.
My understanding is that my judge has the power to determine if I have to post bond or not during the appeal and he does not generally require the Defendants to do so but I am aware of this issue.
Now when you say trustee, I assume you mean the Plaintiff and I always electronically file (which they get immediately) as well as send them hard copies via certified mail of anything I file. All of these things were filed 6/28 so I know they have at least a 30 day notice. What specific rule am I looking for here regarding time needed to notify the trustee? Of course, my argument is that the Plaintiff is not the trustee but still, I guess I am suppose to act as if they are?
Thank you!
gari
Did you actually set, or schedule, your motions for hearing, sufficiently prior to the sale date? You need to check your local state statutes, how much advance notice does the Trustee need, to stop the sale? Also, check your deed of trust. Did you notify the Trustee of the pending motions and the hearing date/time? Sometimes, courts require that a bond be posted in order to stay a sale – so you may want to gather funds to put a bond together. You may want to check your local state statutes and court rules about the amount of bonds.
I have filed the following to both appeal my district courts summary judgment to the Court of Appeals and also to keep my house from being sold on the current set date of July 29, 2008. Is there anything else I should consider doing right now or do I just need to wait for the judge to rule on my current motions?
06/28/2012 MTN: MOTION
TO STAY CASE IN DISTRICT COURT DURING APPEAL TO APPELLATE COURT
06/28/2012 MTN: FOR LEAVE
DISTRICT COURT TO FILE INTERLOCUTORY APPEAL WITH THE APPELLATE COURT
06/28/2012 MTN: FOR LEAVE
DISTRICT COURT TO FILE COUNTERCLAIM
06/28/2012 REQUEST FOR HEARING/ SETTING
Thank you!
gari
Sorry that is July 29, 2012 (not 2008).
@BobbiSwan never heard of those guys but check out their sites if they have one – ask them if they are foreclosure defense attorneys who get the fraud going on – most just do bk’s and mods. I’ve heard that Stopa and Gingo are Fl. attnys that “get it” – check them out too.
California notaries are REQUIRED to keep notary logs. CA notary laws are stricter than most. Get copies of the notary logs. Full logs or old logs are turned into the goverment. They do not vanish. If you have CA notary then get failure with CA notary laws and the methods of requesting the approprate page from the notary logs, and what the log should contain.
Your right, CA has some strict notary laws and I requested the journal entry for my particular assignment and guess what, the signatures don’t match.
That’s why I’m trying to gather as many documents signed by Cecilia Roidriguez and acknowledged by Darryl Brown as i can find—-I suspect that this duet is one of BAC’s newest Robo-Signing Teams.
More to come as I get the documentary evidence.
thx,
Dan
I have documents under the name of Cecilia Rodriguez & Darryl Brown, contact me.
Roberto,
I can’t seem to find a direct way to get back to you but I am really interested in anything you have signed by Cecilia Rodriguez, Darryl Brown, in combination or seperately.
I now have about 9 documents and people are coming forward everyday iwth new stuff. Just got one where Cecilia was the one preparing the Assignment for BOA and Brown acknowledged for 2 other signers.
DantheGrey@msn.com
@Roberto
There is a site called ‘whatsignature’ that has some method for documents to be uploaded and shared. Check out posting documents there. Documents can have only the signature page uploaded.
New Mexico: 12-203. Interlocutory appeals.
A. Application for interlocutory appeal. An appeal from an interlocutory order containing the statement prescribed by NMSA 1978, § 39-3-3(A)(3) or § 39-3-4(A) is initiated by filing an application for interlocutory appeal with the appellate court clerk within fifteen (15) days after the entry of such order in the district court. Copies of the application shall be served by the applicant on all persons who are required to be served with a notice of appeal pursuant to Rule 12-202 NMRA. The three (3) day mailing period set forth in Rule 12-308 NMRA does not apply to the time limits set by this subsection.
B. Content of application. The application shall contain a statement of the facts necessary to an understanding of the controlling question of law determined by the order of the district court, a statement of the question itself and a statement of the reasons why a substantial ground exists for a difference of opinion on the question and why an immediate appeal may materially advance the ultimate termination of the litigation. The statement of reasons shall contain case references, where available, and shall contain a summary of the applicant’s arguments. The application shall include or have annexed thereto a copy of the order from which appeal is sought and of any findings of fact, conclusions of law and opinion relating thereto. The application may have annexed thereto any other documentary matters of record that will assist the appellate court in exercising its discretion. The docket fee shall accompany the application but no docketing statement or statement of the issues is required.
C. Form of papers; number of copies. An application for interlocutory appeal shall conform to the requirements of Rules 12-305 and 12-306 NMRA.
You also need to realize, that an appeal does not usually stop anything. if you want to stop, or “stay” any proceedings during an appeal, you need to ask for that by motion, usually. Of course, we don’t know what state you are in, or what rules you are operating under.
Hello All – I am in Florida (Tampa Bay Area) and I have come across some attorney names that supposedly represent homeowners. I don’t know anything about these attorneys but wanted to know if anyone out there has had any contact or workings with any of them. They are:
Rand Peacock
Del Vecchio
Adam S. Goldstein
Alexis Palma
Thanks in advance if you have any input!
I am here at the Court of Appeals trying to file my appeal but I am unsure if it is an interlocutory appeal or a regular appeal and think i might be in a very bad position because when I contacted the appeals court after I found out that the judge had denied my question of standing by the Plaintiff, they appeals court told me I had 30 days. However I am here trying to file and if it is an interlocutory appeal, I only had 15 days from the time the Judge filed his response on June 8th. However, I was not notified (though I requested both the Plaintiff Counsel and the Judge’s staff to contact me via email) until I called and asked the Judge’s clerk directly which was not until June 14th and she stated she had held the hard copies for me and did not mail them so I never received anything in the mail. I had also contacted the Plaintiff’s legal assistant, Karan Mitchell, as well while I was waiting for the Judge’s response but she did not return my calls or emails. I have contacted her since finding out that Counsel was notified (especially since they drafted everything for the Judge and knew I was awaiting the information on the Judge’s decision) and they state they mailed it to me but have no proof of service. This is the first time I have ever not received something they mailed to me and it was very time critical and they were aware of that more so than anyone. What can I do now?
No idea what state or court you are in, and no idea if you have a final or interlocutory appeal. Probably the thing you file is a notice of appeal, probably in your court, not the appellate court, along with the filing fee.
You sound very confused, so I am going to suggest you GO see a competent foreclosure defense attorny, ASAP.
Appeals to an appellate court are technical and before deciding IF you should appeal at this point you do need to understand if you are in a final appeal or interlocutory stance, and exactly what grounds you have for an appeal, and if the issue is even an appealable issue at this point in the process.
Thank you very much James for your prompt reply and I am in New Mexico (which probably is more Mexico than US in the sense of knowing the US law)! I am fairly sure at this point that I have an interlocutory appeal though since it was not clear I could file a regular appeal, let the appeallate court reject it, have it go back to district court, and then try to get it back to appeallate court but I think I would again miss all my deadlines. Can I do both? File application for a regular appeal (because I am in that time window), and file for leave today (20 days after judge’s summary judgment) to file an interlocutory appeal? the judge’s clerk admits to not mailing me a hard copy hence I was not notified until I actually went to the court house to ask in person because I had been asking by phone and email since March 26th. I think the judge will be sympathetic to my request but ????
ALERT*****WARNING****ALERT
DOCUMENTS WANTED CECILIA RODRIGUEZ signing for MERS DARRYL BROWN Notary from California
Anyone who has an Assignment signed by Cecilia Rodriguez as Assistant Secretary for MERS and Acknowledgment by Darryl Brown Notary Public from California or any combinatin of the two, I NEED COPIES OF THOSE DOCUMENTS.
These two are some of the newest ROBO-SIGNERS being used by Bank of America and MERS to steal peoples homes from Florida to California and everywhere in between.
I have 5 Assignments with their signatures and none of Ms. Rodriguezs match and compared to the one I obtained from the Notaries Journal only one matches that scribled line.
There are even questions as to the Notaries signature on these documents.
Please, if you have anything signed by either one of these two individuals send me a copy…….
Thank you, very much……..
DantheGrey@msn.com
My case was dismissed by the Circuit Court Judge because Florida statute requires that the plaintiff move the case forward in some manner within a year. There is case law on this matter and a rule civil procedure requires it. I filed interrogatories and the “bankster’s” lawyers did not or could not answer.
The case was dismissed “without prejudice”, which allows them to re-file. I am going to pursue a quieting title, but need a good attorney in the Palm Beach area who understands the securitization issues. Does anyone know any?
Richard, do you know the rule or the statute limiting the time for prosecution in Florida?
Also, is there a limit to the number of questions you ask in any discovery? Someone wrote that the number is 30, but I can’t find the rule itself. Did you send them a request for admissions, as well?
Thanks.
The discovery process has been brutal in our case as well. I get the feeling the servicers/foreclosure mills don’t care what happens either way. It’s like they are just killing time. Sometimes I feel like they know something we don’t or that they are waiting for something to happen. I don’t know what the answer is and it is very frustrating.
WOW!!!! Check this out!!! http://www.msfraud.org/law/lounge/Wallace-v-Wamu-Lerner-lawfirm_6-12.pdf
For everyone fighting in Ohio relief seems to be coming. The Supreme court is due to make a major decision and now one of the top fraudclosure mills is being sued finally!! KEEP FIGHTING everyone, DON’T GIVE UP. GOD BLESS!!
Regarding Mortgage Servicing Agents: 1) Do not deal with them over the phone, send them a certified letter of your complaints and cc: your local State Atty General’s office as well as the Consumer Financial Protection Agency. 2. Docoment all phone calls, door hangers and other methods of harrassment, including missed or misplaced payments 3. If you do have someone call you, explain that you can only accept any loan modificaions and/or agreements in writing, not verbally. Also let them know that YOU will be recording the phone call (since they often tell you they will be recording the call), you can do the same with your smart phone. Keep complaining until they get it right, if we all do the same thing, it will be harder and harder for them to screw the next guy.
FIF,
I’m in Delaware but also have an investment condo in Maryland. They are unbelievable. They have run me in circles with discovery, but I just keep making them join the fun circle run also by coninuing to take the time and address each and every delinquency in their responses and objections to my admissions, request for documents and interrogatories. They are so unfazed about vague answers, lies, and blatant statements that this or that is not relevant to anything. The judge warned them at my motion to compel hearing in February and they are still trying to pool the wool over my eyes. They must really think most of us are complete morons. We have been going back and forth on filing motions and objections etc., and the Judge finally ordered a mediator must get involved and after he receives the mediators report; he will then schedule the trial. I will have a “thesis” ready for July 20 when we meet as well as 80 pages of specifics on each piece of discovery and how it negatively impacts my case which is prejudicial. They think they will wear me down but the next to the last lawyer pulled out after only a few months. They are now on lawyers numbers 8 and 9. They keep hoping the hit the lawyer “jackpot” that will kick a_ _. You are right, unless you live it you would never believe it. They are all scum that have been allowed to get over on everyone far too long so they are overly confident that they can’t lose. Only God himself knows what the final outcome will be.
I don’t know if I could continue this for five years like you. You have my greatest admiration!
Sorry about the typos; my editing skills leave a lot to be desired 🙂
Here goes.. we hired a attorney for modification process went on for a year and thousands of dollars later guess what no modification what so ever, we attended ordered mediation hearing , no agreement there , our arguments were not stated, part of mediation process, we offered carrington points our house is not valued less then 50,000 yet they will take us for 500,000 , now we in foreclosure judge just signed plaintiffs requests to dismiss or affirmative defenses … we cannot get an attorney to take our case ( only 5 days left to respond to this ) So we are in Florida ( no suprise here who are we up against Wells Fargo who in the last 5 years were never in the picture.. I am sad , angry and trying to keep it together for our autistic daughter who has her own issues to deal with. Anyone can advise who could help me or hire without asking for the treasury dept and can actually do something please send me a attorney who might care
I am also “fighting” Countrywide/BOA in Fl. I was successful in having the case dismissed “without prejudice” for lack of prosecution. I am now in the process of Quieting title. We should all share our work in this battle.
Richard
Would you mind sharing a bit more info., “lack of prosecution”? Do you know if they plan to leave it since it was dismissed without prejudice?
James- try livinglies.com, knockoutcollectors.com
please sign my mortgage discrimination for predatory lending and predatory foreclosure practices petition to sechud donovan of obama’s cabinet and President OBAMA AS WELL. the petition is to ask the president and sechud donovan to use the fair housing act of 1964 to stop all these discriminatory practices and shut down the foreclosure mills and protect our nations veterans. please see my petition on change.org under this link and sign and ask your friends to sign. this debacle of the middle class and disabled vets and veterans coming home from the wars has to stop once and for all.
best regards
David B.
http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
Katheryn what State are you fighting in? We have also been fighting BOA for 5 yrs now as pro se. Judge keeps making discrimminating remarks siding with the Banksters. If someone tald me about this and I wasn’t experiencing it first hand I wouold say, “not so”… In the mean time we have filed for Quiet Title. There are no original “wet ink:” notes in our file or anyone elses file for the matter.
Need your help..need aggressive attorney to file Quiet Title action. I have been successful against Countrywide/BOA in having the case dismissed, but “without prejudice”. Want to take affirmative action…let me know your thoughts.
I am searching for an attorney in the State of MD to protect my home from fraudulent foreclosure practices.. need help please
Here’s another part of the puzzle people aren’t getting. As I understand it-the Mortgage is what secures the Note (collateral) right?
Well when your Note was “Securitized” it was converted and forever changed- AND- separated or BIFURCATED from the Mortgage- so the Mortgage is no longer security for the note- this would make the contract Null & Void.
Be very careful about Garfields site of lawyers that ‘get it’. I hired one on his site and she was ‘BAD”. Luckily I figred it out early and replaced her. I won my house FREE & CLEAR using the RIGHT attorney and auditor.
Here’s the judge signed order: http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
I have fired ‘3’ attoneys and ‘2’ auditors; won a house and lost ‘2’ others. Still going on ‘2’ more…. I have NOT seen one ProSe homeowner post a ‘judge signed order’ of them prevailing in their case. BTW: it is NOT confidential: court docs are viewable by the public: so don’t fall for that BS is someone says the ‘can’t show you’… When it ‘decided’; its public record…. Let me know how it goes if you all thse guys….
please let me know who the attorney group is James
@goi,
Do not miss-lead people about whether or not confidential settlements are occurring. The majority of cases with the banksters where the homeowners ‘win’ have a settlement agreement and the typical settlement agreement TERMS are CONFIDENTIAL. The banksters use this method to avoid having cases ‘decided’ that can be cited by other homeowners. Setttlements can be public with the court or they can be entered into privately with the condition that the case is dismissed. When this method of settlement is agreed to, the court would have no public information about the settlement.
THAT is the REAL reason there are so few ‘wins’. They are NOT all PUBLIC as you assert.
With any listing of attorneys, there are some that should not be listed. I also found problems with Max Gardener’s list. I took note of the responses to the facts in my own case. Even in a phone interview I found that many did not want to really STOP a foreclosure But it is still a place to start from.
I am REALLY TIRED of you pushing YOUR attorney. You have posted over and over and over again and now are including ‘factual information’ that is BOGUS.
ENOUGH GOI,
JUDGES SHOULD NOT BE ALLOWED TO OWN PROPERTY.
It makes them bias and always ruling for companies like Fidelity NATIONAL Title and its subsidiaries, and Banks they might be a customer of, in cases before them.
Lets hope the kids of this fraudulent foreclosed generation become the Judges AND Senators of tomorrow and get kama back on the JUDGES and their family when they get old, and feeble and looking for Justice.
We know all the Presidents of this great nation.
Let’s Remember every CHIEF judge that ultimately destroyed this nation.
Not sure if I am posting correctly here and please tell me if I am.
Anyway here is my story; I have been fighting my foreclosure for over a year now and would appreciate any advice or comments on my case. On Jun 15, 2012 I went to court for a hearing on a Summary Judgment. Their lawyer (from Marshall Watson ha ha) told me they would be taking the hearing off the calendar. When asked why they replied they had no idea. My idea is that I have accused them of everything from Fraud to Unclean Hands. My Note has everyone from Michele Sjolander to Caryn Graham signing it. My question is should I wait for them to make the next move or should I file a Summary Judgment of my own?
Rebeca. Don’t know what state you are in, but guess it might be Florida. Don’t know the facts in your case.
The probable reason is they don’t have exactly the affidavits and proof they want to move forward, and which would secure them a sure win at summary judgement. It is likely they will assemble those in the next few weeks and reschedule the hearing.
Your best option is to have a competent foreclosure lawyer. While you may have accused them of a lot, remember this, “Accusations are not evidence”. Summary Judgement hearings are based on the evidence in the record. You may need apposing affidavits, and may need to file them x (maybe 5) days before the hearing. You can’t just turn up to a SJ hearing with evidence or argument not already timely filed in the record.
This is why you NEED an attorny, both to help put the correct evidence in the record, to make the relevant legal arguments at the hearing, and to help you object to the introduction of their ‘evidence’ (affidavits and records) if they are not properly authenticated, properly introduced or subject to other attack.
Don’t sit around waiting for their next move. Get competent counsel, read your states law and rulings on summary judgement proceedings.
I do live in Florida, Miami. I did answer the Summary Judgement but I don’t see how they can refute thier own Motions when I submitted documents to show them to be fraud.. For example I attached a copy of a sworn deposition of Michel Sjolander where she said she never once signed a note and they were all stamped by others. (Robo Signed)
Another where an employee of Watsons office signed an assignment.for MERS. Attached a MERS officers sworn deposition saying the Marshall employee never worked for MERS.
I mean they can’t change the documents they submitted can they or should I say would they have the gull too?
Rebecca……i have been fighting agianst wells fargo since 2009. modification/dual tracked to foreclosure.’i have had a lot of help on many different sites
foreclsoure hamlet
foreclosure warriors
livinglies
alot of talented people that can help you
good luck we all need it
OMG so many sites helped me and I studied them all before I filed my answer on the Summary Judgment. I don’t have a lawyer and don’t plan on hiring one. I can’t find a way to trust them. All my friends who have had a lawyer for foreclosure tell me all they do is prolong it, they don’t fight it.
When I was filing for Bankruptcy I was told by several lawyers it would cost $2,000. which I didn’t have. I filed myself and probably only put five hours of time in. Everything went very smooth. Of course the lawyers told me it was very technical and doing it myself I would probably do it wrong.
I could go on and on about lawyers who have ripped me off or have tried too. When I left the courthouse after the hearing was taken off the calendar I broke down. My husband asked me why I was crying because apparently I made them take a step back and I should be happy.
I think it was just sitting in that courtroom watching case after case being signed off on and knowing most of these people all lost their homes because of the fraud committed and it was overwhelming. I vowed to myself then and there I would fight this until someone has to pay for their crimes. Maybe I am just being optimistic this will happen but hey I will try.
I was so disgusted that Watson’s little scapegoat of a lawyer came up to me acting as if she wanted to help me through this process. She said if you need any advice to call her. I told her she knew very well the Plaintiffs lawyer could not give me legal advice and she said “well that is true”. I honestly would rather she just say “Hey b***h you won this round, see you next round.”
Anyway sorry for venting I have just been studying more and more and finding out so much how these banks and lawyers are screwing the American people. I don’t know how they sleep at night, I really don’t.
Rebecca Bane,
I too have been fighting BoA for well over a year pro se. They are on lawyer number 8 now and I have been fighting just like them down and dirty with regards to discovery. The Judge just ordered us to mediation which will be on July 20 not that I’m expecting anything. You are correct; don’t trust anything their lawyers say to you. They will do whatever they can to trick and deceive you. This pro se fight has cost me dearly as I am not a lawyer nor did I know anything about this whole banking scheme so I couldn’t even guess how many thousands of hours I have spent and will continue to spend fighting them. However, we all need to keep up the fight god willing to at least attempt to right some of the horrific wrongs created by these fraudsters. Please know you are not alone in your fight with no legal help. P.S. I have experienced the same emotions like you with my husband asking the same, “that was good, why are you crying?” Again, trust nothing they tell you. Their lawyers try to do a nice sales pitch but when you don’t buy their goods watch how fast the slicksters change from nicey nice to who they really are. They tried every tactic from trying to scare me to intimidation and threats. They are finding out that none of it will work and when they get too far out of line I make sure it comes up in whatever motion I have to file at that given time to let the Judge know what they are up to. Keep up the fight!
Thank you all for your help- I have checked out Neil Garfield’s site but there are no La. attorneys list as of yet. Have spoken to Jeff Barnes and waiting to hear back from him. Will check out Max Gardner too.
Blessings to you all. If anyone should stumble upon a La. attorney please post it.
I have hired Jeff Barnes and he is going to destroy the people who stole our property and imcome He thinks Barry Silber and jim Marks should be in prison for a long time. They are a famly of Predatory lenders rescue scammers out of tampa fl who conned theri way into our lives and cheated the elderly in the process. Be on aleart for these guy including SuZanne marks and others connected to them
@Macy,
Also check out Neil Garfield’s ‘LivingLies’ website. He is an attorney himself who has now been rolling out a NATIONAL network of attorneys that they are vetting and providing resources to.
Go take a look at his website and check on the link to the roll-out. I’m not sure of the resources in your state right now, but they are actively recruiting both attorneys who ‘get it’ and paralegals.
Max Gardner has a list of BK ( & foreclosure) graduates on his website but, you still need to check if these attorneys are working for homeowners thru your state’s judiciary website if available. Neil Garfield also is promoting his nationwide foreclosure services in his livinglies website but, triple check those attorneys and services. Nationwide, Jeff Barnes of foreclosuredefensenationwide.com is one of the best foreclosure attorneys and works with local attorneys if he is available for your area. Check fees.
I am an attorney interested in helping folks who are behind on loans to Wells Fargo.
Help- Need a Louisiana Foreclosure Defense attorney or an attorney who may practice in La. as well as other states. Any help appreciated. Not sure if I need a Real Estate attorney, a civil litigator but I am having a hard time finding anyone who will take on my case.
I received the GMAC chapter 11 notice in the mail as well. My loan was transferred to them about 6 years ago and is actually a second mortgage on my house and not the primary mortgage. Does this change the way the proceedings are viewed for my loan as well. Do you think the possibilities of settling the loan for less than it’s balance would be an option? I would appreciate any help out there. Thanks.
Brian in Ohio
Hi Brian,
The answer to this depends on what you really want to do with the property. Im not an attorney, but im speaking out of experiences with people i know. Yes, there is always the option of settling the loan for less, ive seen examples of helocs…if this is the case, that $40,000 was owed and the person was able to settle for $5000 OR $7000. The bad part of this is that you must have the cash in order to have negotiation skills. But if you do…i wold give it a shot. Just make sure you dont send any payment unless you recieve a contract or letter on theri end stating the new terms of the agreement. The other option you have is to hire an attorney which is best because youre taken more seriously. If not, you can always try yourself. I always say doing something about it is better than doing nothing. And propose a reinstatement payment plan that adjusts your monthly payment to what you really can pay. Most likely they will ask for your paystubs, income taxes and bank statements along with a hardship letter to prove that eventually you are unable to pay. But again there are always options, especially the way the market is right now, where properties are under water and second mortgages basically are left out. Hope i was of help.
See this is what I don’t get. If the bank does not own the note legally or did not get the loan legally why should you settle with them for anything? Should they not have to clean up their mess first and be fined and sanctioned before they are allowed to negotiate?
OK I owned two restaurants if a customer of mine ordered chicken and I gave them pork and they became extremely ill I was not given the privilege of saying ok if you pay me for the chicken then this will all be settled. NO, I had to pay for their losses and pain and suffering because I did not keep my part of the deal and serve them chicken, exactly what they ordered. Why should the banks not have to keep their part of the deal and do everything legally?
That sounds very suspicious for Wells to claim the loan is owned by Fannie. I don’t know of any World Savings loan that could have been sold to Fannie. In addition, if the property was more than 4 units, Fannie wouldn’t handle.
They are claiming that Fannie got a-hold of the loan through the transaction when Wachovia was insolvent. I know that Fannie does not NORMALLY handle anything more than a 4-unit building, but they claim that they DO when it occurs through the government’s takeover of the loans held by banks or S&Ls that become insolvent
No assignments are on record with the county, BTW, even though Fannie had Carlton-something already giving notice that they were foreclosing. It is now current, as I said, but they had apparently intended to file the FC and THEN do the assignments. They had not recorded the NOD but the law firm billed the account. Nothing is on record with the county that should have allowed them to be acting. But it is the typical scene.
Even now, the loan only shows as a World Savings loan, yet Fannie is demanding yearly inspections of EVERY UNIT, which was not per the standard while World or Wachovia directed inspections.
In case anyone is confused, multifamily loans typically do have annual inspections specified in the terms of the loan. The demand to inspect EVERY unit in a building where the loan is performing is EXCESSIVE. This was already occurring prior to the time when the payments were in arrears. It irritates the tenants and I have to re-assure them each year that the building is NOT up for sale.
Fannie is being a pain in the BUT and WF is a pain in the but whit the insurance impound, as everyone is (or should be) aware.
Has anyone here fallen behind on a Wells Fargo Mortgage and then submitted make-up payments? If so, Wells Fargo may have applied those make-up payments inappropriately, causing you to lose money. I’m interested in discussing this issue with affected parties. Thanks.
@ TallyLaw,
Are you digging into World Savings loans that WF is servicing?
On a multi-unit investment property where WF is the latest servicer of a ‘World Savings’ loan which supposedly is held by FannieMae after the World Savings and then Wachovia debacle, the loan was at one point in arrears, then was brought current. After accepting the payment and AGREEING IN WRITING that the loan was no longer in default, WF tried to demand our signature to a document that would have held them harmless for anything they did in the past OR anything they might do in the FUTURE!
The only leverage they were trying to use was a $900 fee that they would forgive vs making us pay when the loan is eventually paid off!
Our attorney did not see any point to signing the crazy document.
As far as the proper usage of the funds, we did not take up that battle as yet. The loan is continuing to be kept current.
Wake up people. Take a close look at your signed deeds. Some of them are very good fakes. We signed ours is royal blue but US banks / SN servicing submitted originals with the clerk but guess what. They were signed in black. Geewizzz how did that happen? Thank God others came forward now will the perps be prosecuted by the FBI ? Stay tuned. And thank God for our attorney Jeff Barnes out of Beverly Hills California this guy may be very instrumental in bringing the banksters and their attornies down all across this nation
I have a friend who did submt make up payments…will find out and post you to see how these were allocated.
Brian: here is ‘my’ WIN in California: Judge Signed Order getting my house FREE & CLEAR.
Hope it helps….
Questions:
1. where are the WINS?
2. where are the WINS published utilizing any/all assistance provided here?
3. where are the testimonials from plaintiff/defendants that prevail?
4. when the meat meets the metal in civil/circuit/federal court…where is the WIN published when the property owner prevails?
5. where is the Win count, Tally board….Scorecard being kept?
**there’s plenty to read on this site…but where are the WINS?
**we can all read….and do…so…where on this site are the stories about successful strategies that have been utilized to provide relief kept?
***Publish the scorecard…
Anyone hear of Jimmy Duran? he is allegedly an “assistant vice president” for bank of America. I have not found anything about him online.
The assignment does not show any address for him, nor the notary “James L Zurlis”. It is notarized out of Dallas County, TX.
We had a hearing today. The judge wanted to give (handout) a Summary Judgement “to get this 5 year litigation over with” and no one even petitioned for it. Of course we objected… He is clearly taking the side of the Banksters even when showing proof in black and white falsified, altered documents and no original wet ink note. We showed paperwork from 3 different firms claiming to own and HOLD the “note” and get this… we have someone elses oringinal “wet ink note” in our original filed case and it is from another case in another County. These Attorneys still won’t admit to anyone Judge, Bar, trial court, etc. that this is defective paper work. They have a duty to do this and “It must be dismissed”. The Judge doesn’t care that there was a “simple mistake” made here. We have filed Bar complaints and filed with F. B. I.
The judge keeps doing is making discrimminitory comments against us… “what the problem is here is whether or not you can’t make mortgage payments or not.”
After 5 years of fighting it is getting old with this twisted judge who doesn’t get it.
Now I am trying to find how to fing the securitization or pooling / servicing agreements. If anyone knows how to do this it would be appreciated.
http://livinglies.wordpress.com/2012/06/15/its-down-to-banks-vs-society-2/
Follow the lead.
Go to sec.gov and look for your banks procspectus around the time you got your loan. I googled the question and found a step by step instructions on how to find the pooling agreement. It will take time believe me and I never found a document with my actual loan number on it. However, learn alot. If you look you can find a wealth of information.
HELP- I desperately need a Louisiana Foreclosure Defense attorney. Any referrals or if you attorneys check this board and may be licensed in LA. please please please contact me. Also- any Class Action referral sites would be appreciated too.
I lost my job in January and since I turned 60yrs of age in March, had no response to any of the applications I turned in for so many jobs. This forced me to access my widow’s pension benefits. I was unable to pay my mortgage loan in May and June so I am 43 days late. I know I got my house due to predatory lending because I was “helped” to qualify for a loan with GMAC. Nonetheless, I paid diligently for 5 years as long as I was employed. I have no credit card debt at all. I suspect (from all the articles I have read by O. Max Gardener III, Neil Garfield, Robert Cashman etc.) that my loan was securitized as MERS appears on my Deed of Trust as nominee or beneficiary. I also suspect that my chain of title has been broken. My loan was taken over by NationStar as servicer about 2 yrs ago. I don’t know whether to file Ch 13 bankruptcy since I have no unsecured debt (other than my mortgage, since I believe they may not be able to produce the original promissory note). A copy of the original promissory note is not acceptable, since I read that lenders used PhotoShop to produce “legal” documents to foreclose on homeowners. I just received my IRS refund yesterday. So, I can pay an attorney but do not know who would be trustworthy. I accessed the bankruptcy court website and found a link to Justia.com where lawyers are listed along with the areas of law they are licensed to practice. So, I emailed one of them. Does anyone have any better suggestions as to how to find an attorney in Texas that has not worked for lenders doing their foreclosures. I read that the Texas bar association was known to be on the side of the lending insitutions. I don’t want to lose my house but it appears that being on a fixed income may mean there is no attorney that would help me fight to keep it. Please help me!!!!!!!!!!!!
Respectfully,
Rose
try hud at hud.gov and find a certified by hud mortgage counselor in your community to help you.
also you may also file a discrmination complaint for predatory lending of a senior with hud.gov under the fair housing act of 1964, the application is on the website. fill it out and send it to the local hud feho office. predatory lending is a crime and a civil violation of the fair housing act of 1964. they may advocate for you and appoint an attorney to investiage your case. it is free so you have nothing to loose.
predatory lending is a civil violation of the fair housing act of 1964.
wells fargo got nailed for predatory lending and mortgage discrmination in memphis and has to pay $450 millin dollar fine most of which is to go to homewoners like you stay in their homes.
http://www.hud.gov. click the button that says mortgage discrimination.
the hud certified mortgage counselor may be on the hud website for your area. they can advocate for you as well. be careful of modification application since the banks dual track you take your payments while they say they are going to give you a mod but then foreclose. they make more money foreclosing than helping you stay in your home.
best r,
David
I am not an attorney . am not giving legal advice . it is what I did and nothing more. always consult a licensed attorney competent in the law concerning your problem for proper legal advice. you are right about texas bar . check out http://www.msfraud.org run by a texas bar victim victimized by the banks and the texas bar allegedly of course.
If she really wants to fight, the HUD counselors are a real waste of precious TIME. They do not even have any way to negotiate a modification, regardless of their supposed role in doing just that. If the servicer makes a bogus claim that they do not modify the particular investor’s loans, the HUD counselors do not even push for verification of who the investor is and that the investor does not allow modifications.
The investors are never really contacted.
David’s particular results are not any ‘barometer’ of the HUD counselors. Remember that the funding for the counseling groups come from the BANKSTERS.
That means they have no reason to be aggressive in their efforts for borrowers.
Better use of the time to find help is through the lists like O. Max Gardener III maintains from his boot camp for attorneys.
Trying to get information on Amanda Stackhouse. Please help.
Thanks,
Bill
Amanda Stackhouse is a robo-signor. I have no proof but I am pretty sure! She also undersigned my mortgage together with Beverly Brooks. Beverly Brooks is a robo-signor and I have an affidavit from the Register of Deeds in Salem MA. I have seen many many many many mortgages assigned by Amanda Stackhouse in Florida counties. The day of my assignment Beverly Brooks assigned 103 other mortgages in Florida alone. Check Florida online registries. It takes weeks to go through other assignments but if you see her sign several dozens of mortgages the same day she undersigned yours, you might want to ask a judge how she was able to do that.
Anonynmous:
Would it be possible for you to send me a facsimile of her signature
to bill@bluegrassreig.com. You can redact your name from it. Also,
can you provide me an specific web address for the Florida Counties
where I could find additional facsimiles of her signature.
Let me know how can I help you.
Thank you,
Bill
Some have ‘won’ their house FREE & CLEAR (I did..) Here’s the court order: http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
Other have ‘lost’ their house [I did: lost rental houses] In these cases I was ‘self represented’ (ProSe/ProPer/SuiJuris/Etc)
If we all got ‘free houses’: it would destroy the crunched economy we now have. However, banks/lenders should not be allowed to violate the same laws they lobbied to enact.
Hence: if someone bought their house ‘no-down’ and now whine because it went down in value OR if someone used their house as an ATM to get a new boat/car/vacation/etc: They should ‘lose the house’.
There are those who paid a down payment and kept equity. To those I say: don’t let the bank cheat you…!!!
There’s a whole spectrum of in between and reality is most homeowners lost equity due to the lawlessness and manipulation of the economy by the banks and Wall St. Best not join in the morality play that has politicians and judges in a fog and is letting banks sweep this crisis under the rug so they can make us all renters.
Chase Home Finance, LLC (CHF) can not be your Plaintiff if it no longer exist. In my case, CHF is listed as the plaintiff since 2009 because they stated in the Complaint that they had merged with JP Morgan Chase Bank, N.A.(JPM) (2009 or prior) and CHF was the successor by merger( a flat out lie that even the judge was amused). Merger was aproved by the OCC in May 2011. JP Morgan was the successor by merger. Even though the OCC approved the merger, that doesn’t mean that JPM is the owner and holder of our mortgage/note because it was FreddieMac that was also claiming ownership from the beginning(2009).
Chase Home Finance, LLC no longer exist. Merger with JP Morgan Chase Bank, N.A. Two different entities.
Eugene,i know that,you know that,but i was served a summons for foreclosure proceedings,4-2012 & “chase” is the plantiff,im the defendent…..like i said the devils in the details with this company,lies,contridicting notices,the WORST csr ive EVER dealt with & upper management is beyond clueless so that equals DISFUNTIONAL COMPANY,they say your only as strong as your weakest link,ALL WITHIN THIS COMPANY will be the demise of JPMORGAN,CHASE,as it should be,as it will be!!!!good ALWAYS wins against EVIL,& their are 1000000000000 of voices saying SAME CLAIMS,& thats sad,but it also gives “US”homeowners a chance,a voice,become HUMANIZED,not a loan#,not a credit score,i will always stand for OURS,& pray all dealing with this NIGHTMARE finds PEACE & RESOLUTION
To all of you doing Qualified RESPA letters, here is a link to an interesting argument before the 9th Circuit. The judges are skeptical, whether the Federal law applies – but maybe state law or the contract itself requires a response to a RESPA letter?
Listen to recording for case: Richard Gale v. First Franklin Loan Services, et al., No. 09-16498
Listen: http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000009174
* Requires Windows Media Player
Download:
09-16498.wma
Case Name:
Richard Gale v. First Franklin Loan Services, et al.
Case Number:
09-16498
Case Panel:
THOMAS, McKEOWN, FLETCHER
Hearing Location:
San Francisco, CA
Hearing Date:
05/14/2012
Supplement(s):
N/A
howdy all,updates/upsets mostly,still fighting to keep what we worked so hard for,status=ive learned things i should never/will never after this need(hopefully)beyond GRATEFUL for all input,& i pray for resolution,The stories ive read are mimicing ALL across US,how CANT the powers that be see RECKLESS DISREGUARD for USA HOMEOWNER’S & step in & SHUT EM DOWN & then DAMAGE CONTROL,in return AMERICAN DREAM RESTORED for ALL…but the way ive been treated,talked to,while proving our issue PAID,doesnt give me warm cozy feelings for future dealings with ANY banks because this 1,CHASE HOME FINANCE,are the devil in disguise & the devils in the details,”i hate chase.com”horror stories of Predatory Lender…I will never give up on MINE!!!earned,paid for,WONT be BULLIED!!!!& i hope all stays with it,there are ALOT of voices saying the same claims so NEVER stop,file complaints to all that has MORE authority over & against these banks…goodluck all yall,i pray you find resolution..
I have “flipped the script” what was a thorn in my side “disfunctional banks/reps within” IM NOW THE THORN!!!!!honesty is the best policy & WILL be your best defense,KNOW your rights…Learn the laws that define your issues & launch an attack(paperwork proof of your issue)& DEMAND,HARASS,& OVERLOAD THEM WITH RESOLUTION ASSISTANCE..i suggest faxing,seems to wake em up when the machine goes into overdrive delivering your issue,over & over,but DO UNTO OTHERS!!!!& the pile of bull-dookie they try to force feed you/against you becomes hard to swollow for THEM….stand for you & YOUR’S!!!!
Missouri Foreclosure Shooting: Man Shot After Opening Fire On Police
http://www.huffingtonpost.com/2012/06/07/missouri-foreclosure-shooting-man-shot-police_n_1577877.html
I recently learned of a new lender known as PennyMac. It appears they are ex lenders of Countywide mortgage profitting from bad loans. Wellsfargo sells their loans to them for twenty cents on the dollar, and charges fifty cents on the dollar to the desperate homeowner. It appears our friend Angelo Mozilo” the mortgage vulture” is back in business with his front man Stanford Kurtland former ceo of Countrywide. I thought Angelo wasn’t allow to be in the mortgage business.
PennyMac is NOT new. I think Angelo’s henchmen already had it taking shape even as Countrywide was taking it’s dive.
Officially, I doubt that Angelo is involved with PennyMac. He may have helped launch it, but he is not allowed to hold office with it.
I also doubt if there is any way to keep Angelo from wheeling and dealing from behind the scenes since the AG and the feds are not throwing his but in jail.
The only solution, as I see it, is the Occupy Movement.
Here’s why:
The ‘Fed’, bankers who own this country, fear NOTHING, except
millions of PROTESTERS, in the streets, exposing who the ‘Fed’ really is to the hundreds of millions who still don’t know.
THAT is why cops are attacking peaceful protesters so viciously, and so often.
They truly FEAR tens, or hundreds, of millions of angry people, ready to fight to take back their country.
We have less to fear than those in the Arab Uprising, yet over a year has gone by, and the American people are still watching tv until their homes are gone.
We have to make this summer count because we might not be able to protest next year.
Here’s a link
http://www.legalparasites.net
april charney is hospitalized in critical condition.
please send prayers her way.
neil garfield posted the details:
http://livinglies.wordpress.com/2012/05/28/please-keep-april-charney-in-your-prayers/
@mortgage maria- do you have documents showing a chain of title where deutsche made the purchase
Not only do I have documented proof. I also have proof of how these crooks are carrying out this racket. Now I have completed this investigation, nut I cant afford amnd atty to stop GMAC Mortgage from evicting my house. The stae official know there was a TRO, but they are STASRTING their investigation while these crooks have file motion in JPcourt to have me removed from my house in 4 days and Im a disabled senior created in the likeness of my Creator who is being violated and EVICVTED. I guess thas God business. Hey, but thanks for allowing me be able to relieve some pressure.
what state n area are you near, only asking to see if someone can help on the immediate issue & prayn for all, James 5 says it well, God is our defense.
How can we get these corporate resolutions? My home loan was originally with MIT Lending, the wholesale branch of MortgageIT, which was purchased by Deutsche Bank around 2005 or so. My fraudulent assignment was signed by Mary Ann Hierman July 2011 as a nominee for MERS and MIT Lending. We all know Deutche Bank is still around but MIT Lending stopped originating loans around 2006; Mortgage IT around 2007 or so.
I’m thinking that I need a corp resolution between MIT Lending and MERS since Deutsche Bank didn’t own MIT when my loan originated. Does DB’s current ownership of of MIT/MortgageIT affect this?
Many thanks.
You can find many of them online. They are only disclosed as part of discovery in lawsuits. If you search for “MERSCORP” and “corporate resolution”, you will find many. You can also search “William Hultman” and “Sharon Hortzkamp”, as these are the issuers.
Interestingly, you will find corporate resolutions that contradict each other. Apparently, they were hastily drawn together for a particular lawsuit.
MERSCORP can morph into whatever they want for any given situation, because there is a legal quandry as to what a “nominee” actually is. If you go onto their website, and review the “forum” topics, they will help a company at any cost, to suddenly get a corporate resolution (even after the fact).
Washington’s Supreme Court has just issued a decision, that allows homeowners to challenge nonjudicial foreclosure sales, after the sale happens, in some cases. The case is “Albice”, with a decision and a concurring opinion, both available on Washington State’s Supreme Court web site;
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=852600MAJ
http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=852600Co1
If anyone has a MERS “corporate resolution” for Full Spectrum Lending (pre-2005), could you share it with me?
People need to wise up to finding these corporate resolutions between MERS and especially the initial firm that supposedly put the loan into MERS. Then there is also the list of permitted signers for each firm that uses MERS.
And of course, any company that MERS is supposedly signing on behalf of needs to still be in existence at the time of the usage of the MERS nominee status. That means that even if an initial Corporate Resolution can be found, if the company was no long in existence when MERS-as-nominee signed, it is no good. And if the firm as in BK before the assignment, there are BIG issues to the usage of the MERS-nominee to remove assets from the BK estate, especially assets that were never admitted to the BK Trustee.
@MprtgageMaria
How do you blind yourself to the Mortgage Origanation Fraud to do a Short Sale?
To Ray Shelton,
Amen, brother.
I know it’s tough out there people but there are some great judges who are not acting like collectors for the banks and many county and city clerks are now standing up to the Banksters/Fraudsters and Attorneys who represent them. Please remember that if you find fraud or forgery in your case as I have and the opposing council is made aware or it or should have know about it they may be committing a serious crime. Report it to the FBI and Attorney General in your state, put it on the record and expose the attorneys and their law firms who are participating in this American Tragedy. Clerks are suing the Bankster and insisting that no fraud take place, they are also demanding that they get paid back all the money that has been scammed from the cities and counties. They are Hero’s too.
There are very big hero’s in this devastation that has taken place against American Families by the Banksters, one of them is attorney JEFF BARNES out of Beverly Hills CA and Boca Raton FL. He spends most of his days in the air flying from state to state defending foreclosure case and he is winning some very significant rulings that is helping to turn the tides. Another attorney is MATT WEIDNER who will never stop educating us through his blogs as to what he is going through defending others day and nite. These men should be getting more support from our governor RICK SCOTT and our politicians but they just sit on the side lines protecting the Banksters. They are shameful men who are helping to put innocent families in the street and forcing them into homelessness. But the Hero’s I speak of will go down in the history book as great defenders of the little guy’s who wouldn’t have had a chance against the Bankster without their help. Hopefully the Banksters board of directors will be indicted for massive fraud and forgery that has been committed all across this nation. Yes it’s sad that virtually none of the big payoff money went to repay people for the lost of their home. But even that may change soon if the right good men make a stand and put all that money back into the families who lost their homes to the Banksters. Have a great day and remember our Lord is on our side.
Ray Shelton
@MortgageMaria
These sites are wonderful for all those caught up In foreclosure frauds.
iT GVES MANY THE COURAGE TO FIGHT BACK AS THEY SHOULD.
Trying to count the number of bank screwups during the foreclosure crisis is a little like guessing the amount of change in a huge jar: You can see that the answer is “an awful lot,” but without breaking the jar and counting by hand, there’s no way to know for sure.
On Thursday, however, just how much homeowner misery Ally Financial may be responsible for came to light after the Federal Reserve released a letter between the bank’s mortgage servicing unit, GMAC Mortgage, and its auditing firm detailing exactly how many borrowers’ cases may have been mishandled.
Ally, formerly an arm of General Motors, needed a $17.2 billion bailout to survive the mortgage crash. It repaid about $5.5 billion, meaning taxpayers own 74 percent of the bank. Earlier this month, the bank sought Chapter 11 bankruptcy protection for ResCap, its residential mortgage unit.
In response to the bankruptcy proceedings, which typically require a public disclosure of financial information, the Federal Reserve released a letterhttp://www.federalreserve.gov/newsevents/press/enforcement/Ally-plan-sect34-engagement-letter.pdf between the bank’s mortgage servicing unit, GMAC Mortgage, and the accounting firm GMAC hired to audit its loan files as part of a 2011 agreement with federal regulators.
The letter, dated Feb. 1 is from GMAC to its auditor, PricewaterhouseCoopers, and includes some details of the review. It also puts a number on some of the mortgages the bank may have handled incorrectly. Some highlights:
GMAC started foreclosure proceedings on 1,270 borrowers who were in some stage of the bankruptcy process, and thus should have been protected from foreclosure.
GMAC carried out foreclosure sales on 1,577 borrowers who were awaiting a decision about a loan modification. This is known as “dual tracking” and is one of the biggest complaints of homeowners and their advocates.
The mortgage servicer hired a law firm that was subsequently “delisted” to process 30,235 foreclosures. The names of the firms are redacted, but presumably include several of those accused of forging documents as part of the robo-signing scandal.
The mortgage servicer denied 50,030 borrowers for a government-run Home Affordable Modification Program, and then offered no alternative modification.
GMAC says in the letter that the number of borrowers subject to the review — those whose homes were in some stage of foreclosure in 2009 or 2010 — is 232,132. That’s a small share of the estimated 4.5 million borrowers whose loans were handled by one of the 14 mortgage servicers who signed consent agreements with the federal Office of the Comptroller of the Currency and other regulators in early 2011.
Those agreements with federal regulators require the servicers to reform how they manage troubled loans and also set up the Independent Foreclosure Review. The latter is a program that allows borrowers who think their servicer made a mistake during the foreclosure process to submit a claim for review. As The Huffington Post previously reported, most eligible borrowers so far haven’t applied, though they have until the end of July.
The deals also required the servicers to hire an outside accountant and perform an audit on loans with a greater likelihood of having been mishandled. The newly released document is the “engagement letter” between GMAC and auditor PricewaterhouseCoopers.
The court agreements require an audit of every loan in some instances, including situations where a home was foreclosed on while the borrower was protected by bankruptcy law. In other cases, the bank is required to have just a small sample evaluated for possible errors or misconduct.
Referring a loan for audit because it meets certain specifications doesn’t necessarily mean that the bank acted unlawfully. An Ally spokeswoman did not immediately return a request for comment Friday afternoon.
It’s not clear when the reviews by GMAC and the 13 other servicers will wrap up, or whether they will finally answer some basic questions about the extent of the foreclosure crisis. One of the great mysteries of the five-year ordeal is that no one really knows how often banks or other mortgage servicers screwed up a loan modification, made a costly accounting mistake, or illegally foreclosed on a homeowner. Anecdotal evidence from thousands of homeowners, and information from a few limited audits, suggest widespread misconduct, but the financial institutions that service mortgages have fought a true accounting.
Ally is also one of five banks that recently agreed to a $25 billion mortgage fraud settlement with the federal government and the attorney’s general of 49 states.
Marilyn, as a mortgage broker, we do not fund or sell loans. I requested info on more current (2011 – 2012) robosigners. I am currently researching area homeowners that have recently been served a lis pendens on their primary residence. I negotiate short sales and there are financial incentives ($2,500 – $30,000) for homeowners do do a short sale rather than allow their homes to go into foreclosure. If I see the assignments have been signed by a robo signer, there’s a chance I can put pressure on the bank to encourage them to accept a short sale with cash incentive to the homeowner.
@mortgage Maria
I looked at your wepage and it says
Home Loans at your convenience
and it also states
Licenses Mortgage Loan Originator since 1998
those two headings made me think you have an inside track to the Banks
and rather than thinking of you as a homeowner fighting for their property
you are on the other side .
I have heard via the grapevine that short sales are not really good for the homeowner
even when they are facing foreclosure because even after the property is sold
thru a short sale and the bank now free to sell the property -the original homeowner still owes the deficiency
and the b.anks comes after the homeowner afterwards for the deficiency.
t
95% of Florida foreclosures in the past went uncontested. No matter how fraudulent or incomplete the documents were, the banks won by default. Many homeowners don’t have the money to hire and attorney and don’t feel comfortable with fighting pro se. They just want it all to be over and to have the banks stop calling them on their past due payments.
We do HAFA and cooperative short sales on primary residences. These short sales do not allow for any deficiency to be pursued in the future. In addition, many lenders are paying from $2,500 to $30,000 in relocation expenses to the homeowner. this is paid at time of closing. The Short Sale Agreement spells out all of the details – no deficiency, what the minimum sale price is to be, maximum closing costs the bank will pay and how much cash the seller will receive at closing.
So far, homeowners are losing in foreclosure court no matter how fraudulent their case may be. I do not encourage homeowners to short sale their homes but I do encourage them to not do anything! By selling their homes, getting a significant chunk of cash at closing AND not being pursued in the future for deficiencies is a win for the homeowner.
Last but not least, the Mortgage Debt Relief Act of 2007 expires at the end of this year. If a primary residence short sale completes by 12/31/2012, the seller does not have to pay federal income tax on the forgiven debt. This is HUGE as taxes are not discharged in BK and can add up quickly with penalties and interest. If a homeowner receives $200,000 in forgiven debt, he will be taxed on that amount after 2012 – anywhere from around $30,000 to $70,000 in taxes due.
@MortgageMaria,
I am not pointing any fingers, so don’t take this the wrong way. I am wondering why you would be questioning robosigning, yet would still do a short sale on a house with a questionable chain of title?
@MortgaggeMaria
…if there are robo signers prehaps there will be No fraudclosure.
Government has a site to report RMBS fraud http://www.stopfraud.gov/rmbs.html
@Gari,
Stay professional at all times. You are not a lawyer, so do not tell the judge how “unprofessional” the plaintiff’s attorney is. Be respectful of the court, as a “pro se” defendant is allowed more latitude in court. If you get on the judge’s bad side, he will not give you this latitude.
Your counter-claim should have already been filed. You should have requested a “leave” from the court for time to file the claim.
You need to follow court procedure. Procedure, for a pro se defendant, is just as important as the actual laws.
There is a good book to read called “How and When to Be Your Own Lawyer”. It goes into depth about how to go pro se.
@mortgage maria
Since you are a mortgage broker , mortgage originator and real estate person I am curious of your real objective in wanting to obtain copies of robo signers.
Could it be that in the past without you knowing it, you have sold or financed toxic titles. ?
Would love to receive most current links to 2011 – 2012 robo signer signature samples. Unbelievable (to me!) I am finding executed & recorded assignments filed after the lis pendens for bank #2 has been filed. If a FL attorney is that stupid than perhaps they also are using a known robo signer.
I have a pdf list of robo-signers but no way to post them- I will try to find the site I got it on if not we can figure out a way to send. What name are you looking for and I can see if it’s on my list.
Many thanks for your offer. I have lists of “older” robosigners – up to around end of 2010. Looking for a more current list with samples.
Can someone send me a copy or link to list of ROBO signers? Thank you.
http://whatsignature.com/
Ray- Please keep us posted on how this plays out. Having a good attorney is key and it’s great that the Notary is acting honorably. Expert Certified Doc. Examiners who offer affidavits and to sit on the stand are great too. Sadly-I’ve heard that Judges and Courts have investments and retirements in Mortgage Backed Securities- and one would think that they would have to recuse themselves because of that.
Again-please keep us posted on your every step if you can.
Best of luck to you.
Hearing today 10:00 am MST: Motion – Reconsideration of Plaintiff Standing
Summary Judgment currently scheduled to be signed by Judge May 29th
Initial Hearing was March 26, 2012 on Standing and on Motion for Summary Judgment
I am trying to figure out what my best points are to make this morning in court. I plan to start with a short diatribe about how unprofessional it is that the Plaintiff Counsel is phoning in his participation.
Then I am thinking I will focus on standing based on things like points that indicate Plaintiff does not hold true note and that fraud is being committed by the banks, touch on issues of securitization, loan currently being paid by MY PMI insurance, does not show in default in pooling aggrement with Ginnie Mae, etc.
At this point would others point blank ask the judge to dismiss the case or should I move right in to how Discovery has not been completed such as exactly what has not been provided to date which is significant?
I am also filing a CounterClaim against the Plaintiff, his Counsel, and any other party involved in perpetuating the fraud in this case before my hearing at 10:00 today. Would you guys mention this as well in court?
AAAHHHHHA
– ok, deep breath (the hearing was only scheduled 2 days ago though I requested it April 5)
gari
The issue is really clear now: US Bank, SN Servicing and the opposing attorneys who are representing them in our case may have committed a forgery crime and fraud on the court and the court may have let them do it. US Bank submitted fake signatures on our documents that fact we knew for sure. The one thing they missed was one very important fact, WE SIGNED EVERYTHING IN ROYAL BLUE INK. And now the Notary has come forward and taken an oath that he and his wife witnessed that my wife insisted and in fact did sign in Royal Blue Ink. Note that during our summary judgment hearing our previous attorney told us that Judge Frances King of Marion County looked at the faked signed doc’s in black ink and said oh, “I do see blue ink”, our previous attorney said no it is clearly signed in black ink your honor then she just preceded to levy the summary judgment against us. It was very disappointing because the attorney felt like she was working as a partner or collector for the bank and not for justice for the little guy.
That’s all going to change now because we are headed to the higher courts for justice and we now have the famous attorney Jeff Barnes on our side. This guy is truly amazing and he is winning very important cases all across this nation. We fully intend to notify the FBI, the US Attorney General the Florida Bar and our local law enforcement, that a forgery crime and fraud on the court may have been committed probably on a massive scale all accross the country. I will name all the opposing attorneys the Board of Directors of US Bank and the owners of SN servicing as soon as Mr Barnes says go. Hopfully this leads to a very large class action suite. Ray Shelton.
Ray- does Mr. Barnes work with all states? Is he on a contingency basis?
Rusty: IF this is true (phony sig) you have a GREAT CASE….>BUT>…..if you don’t plead it properly, and use the motions; it could be ‘excluded’ as evidence…. Call Jason: 510-982-3001 If you are in California…!!!!!! You have a strong case IF you call EARLY…!!! People tend to wait until they file the NOD, Not of Trustee Sale or other recordings. THen IT’S TOO LATE…!!!
File a police report, so you have a criminal complaint. DO NOT leave the PD without getting a case number.
Here’s another bit of interesting info – a link to show how the states are allocating the funds they received from the $$$ billion dollar mortgage settlement from the banks:
http://www.propublica.org/special/where-are-the-foreclosure-deal-millions-going
Look what these criminals did: They signed my own signature to the copy of the note they sent to me in the QWR.
I never loop my T’s in my last name. I close the S’s in my first and I don’t leave out one of L’s in my first name. As well as the font size being different in the word Borrower.
http://a5.sphotos.ak.fbcdn.net/hphotos-ak-prn1/p480x480/551799_431320870219527_100000248520432_1596194_107285438_n.jpg
HEY GUYS A LITTLE HELP LOOK AT THIS
HERE IS THE LINK http://www.facebook.com/BankofAmerica let’s trash this page
OK, I just did, wheres everybody else?
@Gari ….. Don’t get your hopes up Gari. I tried that and depending on your state, they will say that even tho descrepencies it is not hear say, so you will need to do a depostion. When you try that they wil fight like hell to keep you from deposing the affiant. Your best bet is to subpoena the affiant. Get it on the record if the magistrate/judge does not allow you to depose the affiant for your appeal if needed. But, fight like hell to depose whoever the affian is. You will win your appeal if it is not allowed. Keep Fighting God Bless!!
Actually, the mail fraud laws under the US Code only apply to use of USPS. State laws may differ.
I have been a busy bee these past few days and did manage to get my small local court to set a hearing for me this Thursday for reconsideration of the judge’s past decision to deny my challenge to the bank’s standing. what i am currently planning to focus on is:
1. Plaintiff provided two different versions of the signature page of my note, the first with the complaint, the second with my discovery which now has a second signature (from whom they say the FDIC ‘took’ the note) as well as now being stamped ‘original’.
2. I am moving to Strike their Affidavit is support of their Complaint due to numerous discrepancies.
3. I served Judicial Notice on the frowning of my state on the use of Summary Judgment to decide a matter when there is any question by the Defendant that is reasonable.
The Plaintiff’s claim is that they have the ‘original’ note and that as the bearer of paper, they have a right to collect on my mortgage.
What would you do here folks? I don’t want to drop the ball on this and am hoping for the case to be dismissed at this hearing as otherwise the Judge’s SJ becomes active May 29th.
thx!
g
Would you please share your sample pleadings with me? I am struggling to format them right and finding the right wording takes the best of me.
Thank you.
matchmaking@att.net
this group is just an interagency share group . as I understand it is just a front with no enforcement power behind it in terms of statutory law. just another bit of razzle dazzle just like the OCC.
David
I believe MERS got rid of that feature. I could be wrong.
@Tim
If you are referring to the SSN usage on the MERS site, it is STILL there under the expanded search. I just checked it again last week. They use SSN as one of the choices if you want more than the name of the servicer.
I just got off of the phone with the Comptrollers office. She suggested that I go to this website site for even more information: http://www.ffiec.gov/ I’ve never heard of this website during my research of the NA Banks.
or ffiec dot gov
And remember, if your loan was securitized and sold, MERS can not maintain “legal title”. The PSA states that all “right, title, and interest” must be given to the buyer at the time of sale. If that was not done, the sale was not “perfected”.
I have had personal issues to attend. I will be back regularly now.
Thanx, Brian
Good Luck. I am in the same boat. A CW loan that nobody knows who owns, but BofA claims to service. My attorney even sent a 93A demand letter to BofA. There response was “This does not appear to be a servicing issue”. As the alleged owners agent, BofA breached the notices section of my note and mortgage, creating a collateral estoppel.
After a FCRA and TILA demand was sent to MERS, a BofA employee (Mary Ann Hierman), created an assignment under the guise of being a CoreLogic employee. It transferred the mortgage AND THE NOTE to BofA. Yes, MERS cannot transfer a note. The assignment does not state who it is being transferred from, so their is no dual acknowledgement, thus not a legal transfer.
@ Tim – are you in state court? what is CW? do you know who the investors were in your securitized mortgage and if so, how did you find that info?
@ Gari,
If you can find the Trust your loan is supposedly in, you can frequently then find the PSA on the SEC Edgar site. I am not sure where you can get the list of investors. I do know that for many Countrywide trusts, there are less than 10.
CW is an abbreviation for Countrywide. Tim and I have discussed our issues with CW in the past. My own loan is one that does not name Countrywide in any way and there is no assignment from the NAMED LENDER (that did not EXIST outside of the DOT and NOTE). But CW was the entity that acquired MIN numbers for all “AWL CORPORATION” loans, per depositions of the former MERS secretary, RK Arnold.
MERS is then used to do the assignments and other document signings on behalf of “America’s Wholesale Lender Corporation” yet there can not be any corporate RESOLUTIONS between MERS and AWL CORPORATION. So anyone signing such a document has never been authorized as a signer for “America’s Wholesale Lender Corporation”. Any attempt to create any such authorization and back-date it will have to overcome a big problem: “America’s Wholesale Lender Corporation” did not exist as a corporation at the time of the loan origination. A corporation by that name was created later, after Countrywide ceased to exist. But it was also created by founder who had no connection to Countrywide.
The loans should be fought as VOID. CW tries to claim the loans based on the fact that they had a ‘D/B/A’ for “America’s Wholesale Lender”. Did you notice that there is no “CORPORATION” in that citation? That is because the needed reference to the loan as a Countrywide D/B/A loan needed to state that the “Lender is Countrywide Corporation d/b/a America’s Wholesale Lender”. That proper citation format was NO WHERE on the loan documents I’m referring to. Some judges have come to the same conclusion. Countrywide/BofA/attorneys for the servicers will normally attempt to convince the court that they do represent “America’s Wholesale Lender Corporation” when they DO NOT.
I am not in any court yet. I went from being on the defensive, to going on the offense. Once I did this, BofA has not contacted me anymore, they (and MERS) have transferred my note and mortgage numerous times, to avoid responding to direct legal demands. The main thing to keep in mind, is to keep putting the pressure on the banks to answer direct legal requests. With all the acts they are doing, I stopped paying my mortgage 2 years ago. They created a collateral estoppel, as there is no privity of contract with any entity. They have all since refused to claim ownership.
CW= Countrywide. No, I do not know who the original investors were. In the last 2 years, it has been transferred to at least 3 banks.
Can the bank be both the investor and the servicing agent and if not, can you direct me to some case law that indicates this? I am in state court right now (New Mexico). We are in the 10th Circuit Fed Court I believe.
Thx!
Gari
For the bank to be the investor it would seem that they never securitized your loan. Did you have anyone try to do any verification of whether the loan is in any trust?
Only a small percentage of loans were kept directly by the banksters from what I have read.
I would think that the bank would be allowed to be both investor and servicer, if they so chose. IF the loan was securitized, then the bank is not really the investor.
Frequently the banksters and their servicing arms are lying about being the investor. Not much help I know. You need to have this claim of who the investor is challenged.
Look on the 1st page of your Deed of Trust. Does it say MERS anywhere? if it does, your so-called loan was been securitized. Then look for this paragraph: “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender’ successors and assigns. MERS is the beneficiary of this document under this Security Instrument. MERS is organized and existing under the laws of Delaware. and has an address and telephone number of
P.O. Box 2026,
Flint. MI 48501-2026
tel. (888) 679-MERS.
You will see that they are in breach of their own statements.
Then look for Substitute of Trustee about 3-6 pages in wher e it starts with “the at its’ option may substitute the trustee….. ( another breach of their own statements.)
My statement of fraud:
Defendants are in breach of a contract due to their negligence to properly record the “substitution of trustee. DEUTSCHE BANK NATIONAL TRUST COMPANY lacks standing and is neither a holder in due course nor a beneficiary of the Deed of Trust as no “substitution of trustee” was ever recorded. Furthermore it is a felony to knowingly file false documents with any public office in California. Any so-called evidence submitted to the County Recorder’s Office or to the Courts constitutes fraud by the Defendant.
@Rusty,
While most loans were securitized, the presence of MERS on the DOT is not proof in itself that a particular loan was securitized.And usage of the MIN number on a DOT will frequently only give you the name of the servicer.
If you want to use the MERS lookup of a MIN and supply additional info such as your SSN the MIGHT have more info about your DOT. But do you really want to supply your SSN over a non-secure connection? And they are in breach of various state and federal standards by using your SSN over any non-secure internet connection.
Sorry, I’m a stickler for accuracy if there is any to be had. So much is fraudulent
@Hell No, No More Bail-OUTS:
I was under the assumption that the DOT ‘s were all put together in a similar fashion. I am relying on my personal experiences over the last 18 months. Its users like you that can help and correct the comments made by others by relying on your own experiences as well.
As far as the MIN# I am off the grid since my home was already sold in a Trustees Sale or because Fannie Mae no longer has an interest in the so-called loan.
I did obtain the prospectus and PSA from the SEC that gives out detailed information. Its 10GB in size and the only reason I was able to research it on my own was from another user like you.
I learn something everyday. Thanks
Is anyone has a Carol A Compler as the Vice President Loan Documentation for Wells Fargo Bank N.A. verified your mortgage complaint? I want to fund out if she is robo signer or not. Also is anyone has her signature? We can compare.
paul i have joan m mills vp wells fargo bank it is a rubber stamp that endorsed my note. no date it was stamped. what do banks think they can do anything?
I have a couple of cases here in Massachusetts involving forged deeds, followed by huge mortgages (foreclosure rescue scam). The documentation for these mortgages is horrifying – I asked more questions when my daughter asked me for twenty bucks! Getting a big push back from the lenders of these mortgages, which will not permit the true owners to get restored title and just refinance for the original loan amount paid off when these crazy mortgages came on. One is a Countrywide loan and apparently now the ownership of the mortgage and note is split (can'[t foreclose it in Mass if that’s the case) Hard to believe that a Countrywide loan wasn’t securitized but have spent hours reading SEC docs and don’t see the loan in a prospectus. Any ideas how I could find out who really owns this loan?
While I do not have the ‘shortcut’ to finding any of the Countrywide loans, I can tell you from many PSAs that I have looked at for Countrywide loans, the list of loans is NEVER included in the PSA. Even KNOWING the particular Trust that my own mortgage is SUPPOSED to be in that is a CWABS trust, the PSA for the trust does NOT list the loans.
The experts can sometimes find them by apparently doing a search on the monthly reports for each trust. Those monthly reports are not listed on the SEC site.
As far a Countrywide loans not being properly securitized? Are you JOKING? Where were you when the KEMP case hit the knews? None of the notes were transferred to the respective trusts per the Countrywide employee flown in from CA just to testify.
Then there are all the loans that are written naming the ‘lender’ as “America’s Wholesale Lender CORPORATION”. Countrywide and BofA or BNY-Mellon fight to foreclose on those. Most people do not know that there was no such AWL CORPORATION at the time the loans originated. Sure, there is NOW a corporation of that name, but it came into existence after CW was absorbed by BofA. Countrywide and BofA try to claim that Countrywide had a D/B/A in the name of AWL. Well, the problem is that the D/B/A was NOT STATED and you do not state the D/B/A name as a CORPORATION existing in the STATE of NEW YORK.
There are a HUMONGOUS number of these AWL Corporation loans that should be fought as VOID contracts. There is NO WHERE on the ones I’m referring to that show that Countrywide is related to the named LENDER, AWL Corp. There in fact is NO RELATIONSHIP between Countrywide and any “America’s Wholesale Lender CORPORATION”.
Most forensic document examiners do not even check to see if the original lender named was in fact in existence. The examiners also fail to check to see if the entity did exist but filed BK before the foreclosure. With the “America’s Wholesale Lender Corporation” loans being VOID, they need to be fought.
Another way to fight any America’s Wholesale Lender Corporation loan is to demand to see the corporate resolutions between “America’s Wholesale Lender Corporation” and MERS. MERS is stated on the loans but since America’s Wholesale Lender Corporation did not exist, there was NEVER any corporate resolution in the time frame when these loans should have been moved into the trusts.
Various documents are generated by Countrywide or BofA or their crony companies to assign the loans to themselves or to the trusts. But when you dig into it, they are self-serving assignments. In NY state, the Alderazi case looked into the attempt by BNY-Mellon to foreclose. The case was even appealed by BNY-Mellon in 2011 (or the servicers claiming to represent them filed). The court had asked to see corporate resolutions with MERS for two assignments of that loan, the first from “America’s Wholesale Lender Corporation” to Countrywide, the second from Countrywide to some other entity. Well, when they dug around in Simi Valley, they could not produce either corporate resolutions. The ruling did not specify which of the two assignments was the one that was ruled on, but there was not any corporate resolution between “America’s Wholesale Lender Corporation” and MERS that would allow anyone from MERS to assign the loan from America’s Wholesale Lender Corporation to any other entity. Likewise, they did not even find the corporate resolution between Countrywide and MERS to allow Countrywide to be signed for by a MERS agent. The court did not even have the facts in front of them that “America’s Wholesale Lender Corporation” was not in existence when the loan was placed and that the loan should have been considered VOID. That is because the court had taken the case up SUA SPONTE (I may have miss spelled that) on behalf of the borrower who did not even try to fight to keep the property! The borrower may have had no clue that he had a valid case. But the court held in the borrower’s favor both times
If you know the name of the trust, sure you can find the document coded FWP or Free Writing Prospect on the http://www.sec.gov site after you insert the trust name in company search box.
As examples, http://www.sec.gov/Archives/edgar/data/1406963/000091412107001944/we9890484-fwp.txt for Wells Fargo or
http://www.sec.gov/Archives/edgar/data/1407664/000136231007001518/c70847fwp.htm for Countrywide.
It helps if you input in Find box (Ctrl F) first 5 or 6 digits of your loan number.
let us know of your success.
@Liz,
I have searched the SEC site many times and now I have specifically looked at the FWP file for the Trust that is supposedly involved. For CWABS 2005-10, I do not find a version of the FWP that lists the loans. But then again, the display I get to of the FWP file does not look as fancy as the example you provided for a CW trust.
Want to look into finding the file?
Thanks.
Hell, No, I looked up your trust (0001339239 CWABS INC ASSET BACKED CERTIFICATES SERIES 2005-10; SIC: 6189 – ASSET-BACKED SECURITIES) and you are right, the loan numbers are not shown and FWP is not there. Probably, it had been changed in 2007 due to new requirements. However, I found the following that may give us at least some amazing info on behind-the-curtains “secure” activities. Read, get amazed, and see what we missed when we simply signed our closing docs.
== http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001339239&type=&dateb=&owner=include&count=80 All 2005-2006 filings
== CWMBS, INC.- REGISTRATION NO.333-121249
http://www.sec.gov/Archives/edgar/data/1339239/000090514805005470/efc5-2303_5760282form8k.txt
SECURITIES AND EXCHANGE COMMISSION, Washington, D.C. 20549
Form 8-K, CURRENT REPORT Date of Report: September 20, 2005
CWABS, INC., (as depositor under the Pooling and Servicing Agreement, dated as of September 1,
2005, providing for the issuance of the CWABS, INC., Asset-Backed Certificates, Series 2005-10).
CWABS, INC.(Exact name of registrant as specified in its charter)
Delaware 333-125164 95-4596514
——————————- ———————– —————-
(State or Other Jurisdiction of (Commission File Number) (I.R.S. Employer Incorporation) Identification No.)
4500 Park Granada, Calabasas, California 91302
== The rest maybe emailed if you you send me your email or search the link. http://www.sec.gov/Archives/edgar/data/1339239/000090514805005470/efc5-2303_5760434ex41.txt
POOLING AND SERVICING AGREEMENT (September 1, 2005) for ASSET-BACKED CERTIFICATES, SERIES 2005-10
==http://www.sec.gov/Archives/edgar/data/906410/000095012905002897/v07105b5e424b5.txt
This is for similar trust CHL MORTGAGE PASS-THROUGH TRUST 2005-10
Don’t forget to read over the 2009 CW settlement with the MA AGO.
also please visit us on foreclosure hamlet you can share info and find out info
how do i find the hamlet?!?!
g
@gari The documents that they are talking about, is a PSA. They are between the seller and buyer of the securities. This rule has no element to your docs as borrower.
That being said, if you can find the PSA, there may be provisions in it that relate to how the individual assets are required to be handled. For example, if it requires all right, title, and interest to be transferred to the buyer, MERS cannot maintain any interest at the time of sale. If it does, the sale has not been perfected, thus void. The buyer would have no standing against you by virtue of their own contract. They will never tell you that, though. If you discover such an instance, you should also not tell them either. It will be one of your equitable defenses.
Hi Tim
I was led to believe the person that was asking for help with robo signer Mary Ann Hierman
identity was someone having their home foreclosed on, but I now have my doubts.
Mortgage Maria Said is a mortgage broker in Alamonte Florida.
No wonder their was objections to all the free information found on public sites.
@Tim – I don’t even believe at this point that the FDIC actually ever took the note. I found out yesterday that the FDIC ordered the original lender to dissolved and it was sold into parts. the mortgages were sold to Bank of Texas that then sold them to Bank of Oklahoma which I now recall. However, there is NO mention of Bank of Texas on any documentation provided by the bank. Any ideas how I might dig this up? Also, how might I obtain a copy of the PSA?
thx! g
Since the FDIC took it into receivership, I would start with an FOIA request to FDIC. They will probably come up with some reason to withhold the info. I would at least go through the motions, so that you have a record that you attempted to obtain the privity of the owner of your note.
@ Tim – understood though I must admit that I get lost in these threads but will try to look a little closer here to get the lay of the land better.
So, what I am encountering in one of my points is that the Plaintiff is saying that the FDIC gets to bypass all of Carpenter v. Longhan because, well, they are the FDIC and yet I think there should be more to that on their part.
So what do you think about me using the following to claim that according to the FDIC’s own regs, documentation is required . . . .
2000 – Rules and Regulations
PART 360—RESOLUTION AND RECEIVERSHIP RULES
§ 360.6 Treatment of financial assets transferred in connection with a securitization or participation.
(3) Documentation and Recordkeeping. The documents creating the securitization must specify the respective contractual rights and responsibilities of all parties and include the requirements described in paragraph (b)(3) of this section and use as appropriate any available standardized documentation for each different asset class.
(i) Requirements applicable to all securitizations. The documents shall define the contractual rights and responsibilities of the parties, including but not limited to representations and warranties and ongoing disclosure requirements, and any measures to avoid conflicts of interest; and provide authority for the parties, including but not limited to the originator, sponsor, servicer, and investors, to fulfill their respective duties and exercise their rights under the contracts and clearly distinguish between any multiple roles performed by any party.
(ii) Requirements applicable only to securitizations in which the financial assets include any residential mortgage loans:
I have not seen you post in quite awhile Tim. You always have positive response.
Another avenue available to people victimized by robosigning, and other frauds committed using the US Mail, is the US Postal Inspection Service. They receive, investigate. and prosecute complaints of frauds committed using the USPS. These are crimes under 18 USC Ch. 63. http://www.law.cornell.edu/uscode/text/18/part-I/chapter-63
https://postalinspectors.uspis.gov/
welcome back tim!! you have been gone a while. i am the same, have been served waitng on my motion to dissmiss. during my modification process a fed ex package that was sent to wells fargo was lost. i folowed the tracking number and it was delivered but the info never put in the system, i wa actually told that nothing was sent. i was able to get as far as contacting the direct supervisor of the fed ex delivery guy, who delivered my package. i called to ask what she found out , get this. she called wells fargo and could not get anyone to answer the phone??? HELLO did i here that right no one answered the phone. what is the purpose of tracking # and a signautre when you try and find out what happened nothing is done, isnt that technicaly mail fraud?
ummm . . . WOW! Tim, do you have any connection with AFN (AntiForeclosureNetwork http://afnetwork.org/)? The folks there are awesome and more along the lines of your knowledge than mine. We sure could use you in our discussions and just in the fight to educate and reach out to others.
I cannot say enough how grateful I am that you take the time to be of assistance here!!!!
Thank you 🙂
Gari
I pretty much stick to this site. I like the format and have got to know the people. It’s my “comfort zone”.
You can get diversity jurisdiction if you raise federal claims which the state cannot adjudicate. For example, say you claimed violations of RICO (18 USC 96, et seq), and as part of your claim, conspiracy to defraud the US Gov’t under HAMP, was part. The US Gov’t becomes a necessary party to the action.
Now, here comes the tricky part. You must state that the conspiracy was to defraud you AND the Us Gov’t simultaneously. If you cannot tie yourself and the govt as both being injured by the same actions, you could get tossed for lack of standing. I specifically used the RICO law because because it has a “private attorney general” provision. Like Qui Tam, it allows you to stand in the place of the US gov’t (if they choose to not get involved). If you have prima fasciae evidence to support your claim, it would be difficult for the RICO charges to get tossed.
You also need to know that you must have an attorney in federal court TO PROSECUTE a case.
Study the US Code and federal rules of procedure. You are correct, federal court is your best chance and because of HAMP, affords you many more avenues to support your case.
Good Luck.
Thank you Tim for providing this info and link! I am adding it to my prolific notes. I do have several other avenues to pursue but I am still frustrated by this question of diversity. I am not foolish enough to believe that the NA of Banks cannot operate legally within any state of the union, rather I do not think that they can see relief as an state entity and therefore must pursue recourse in the federal courts. I reviewed what you provided and I still do not see that they can be considered an in state party but I could be missing that and please let me know.
While on one hand I realize there are strong arguments for not wanting to bump cases to federal court, in my opinion this is a federal problem. I am not fighting so much to keep my house as to help others keep their houses who do not deserve to be ripped off while the banks walk away scott free. I am pissed as I am seeing all of these poor people just being pushed out of their homes while the banks are getting bailed out over and over again. The entire modification / HAMP thing is bogus and for those who have not figured that out yet, I am so sorry but it isn’t going to happen. What is going to happen is they are going to foreclose on you and collect full pay from your mortgage insurance while you think they are being nice and considering working with you since you paid so much as a taxpayer to help them out.
What a world it is but yet I do know how lucky we all still are.
🙂 g
For any of you that are upset that robo signer Mary Ann Hiermans name was searched,
I want you to know it all comes from public records on the Internet
and I believe if every robo signer signature got the same scrutiny,
it would hopefully be to a foreclosure victim’s advantage.
The United States Code provides standing for National Association banks. http://www.law.cornell.edu/uscode/text/12/25b
Do not pursue that avenue, as it won’t be successful. Read your note and mortgage. There are more successful strategies in those docs.
Ty hell no and you are correct in that I meant to say filing bk, not foreclosure. Sadly that is a mistake I often make 🙂
I have fraudulent docs for sure and of course the average person would think that means justice would be served but those of us who have actually been inside of the courts realize nothing could be further from the truth.
One angle that I really need help with on these docs is regarding the FDIC stepping is as receiver for my initial bank. I know for a fact that my mortgage got moved to the current bundle and that it was securitized but for the life of me I cannot figure out what is required of the FDIC regarding documentation of this transfer from the initial bank to them as trustee/receiver to the current bank/Plaintiff. The only doc that shows anything about the FDIC signing over to the Plaintiff is all robosigned and junk but that alone does not ‘win’ my case as the courts are not really accepting the robosigning issue as fraud (yet) and that alone shows that justice is not served because if I did that shit, I would be in jail but alas . . .
Any direction greatly appreciated. I do have some regs on the FDIC as receiver that I have narrowed down but having a hard time understanding them.
thx!
Gari
National Banks are still organized/chartered under the National Bank Act (1864) and we have no authority to register them.
You can contact the Regulation and Licensing Bureau of the Financial Institutions Division to see if they have filed with them and have had their corporate articles approved by them. http://www.rld.state.nm.us/financialinstitutions/default.aspx
53-11-3. Purposes.
Corporations may be organized under the Business Corporation Act [Chapter 53, Articles 11 to 18NMSA 1978] for any lawful purpose or purposes,except banking, insurance, credit unions, savings and loan associations, railroads and waterworks organized under the Laws of 1887, Chapter 12.
Frank: You acting like a ‘classic’ deadbeat: Not paying merely for losing your job…. Giving all other homeowners who are READY WILLING and ABLE to keep their homes a bad name. Offer the bank ‘cash for keys’ & MOVE ON…!!!
I have not paid my mortgage in nearly 2 years as I try to work out some sort of deal with the bank using various help programs like HAMP, but I keep getting rejected. Amazingly, the bank has not yet foreclosed or auctioned my home or anything. It is just in limbo right now. I am still getting back on my feet after losing my job so I can use all the help I can get.
I stopped paying my HOA fees (townhome) about a year ago and they put a lien on my house for the amount I owe (nearly $10k).
Yesterday I got a notice in the mail from SBS Lien Services titled “NOTICE OF TRUSTEE’S SALE UNDER A NOTICE OF A NOTICE OF DELINQUENT ASSESSMENT AND CLAIM OF LIEN”. The letter goes on to mention me (the owner), the address of the property, and the claimant (the HOA). It then says that “said sale will be made…to pay the remaining principal sum…$10,300.00”.
There is a section titled notice to potential bidders that has a line “you will be bidding on the lien, not on the property itself.”
I am confused as to whether my home is being auctioned or just the HOA lien on my home of $10k. And if it is just the lien, why would somebody want to purchase the lien on my home? Can they sell my home or evict me or something? If it helps, I live in California. I can also post the entire letter if needed.
I am trying to ride out the process as long as possible before I have to move. All help is appreciated.
Hi Frank,
Screw goi for they do not know why you make the choices you do and if anyone is a deadbeat it is the banks.
To me it sounds lke just the HOA lien is being auctioned but keep asking around as I am still learning. No matter what, if I were you I for sure would plan to attend the auction and see who and what goes down. The bank will not be happy about someone else buying this lien so there is a very good chance that the bank is behind this action to get ahold of the lien because it will give them further leverage against you as then you would owe them two separate debts and they would probably pursue you on both.
Have you investigated foreclosure? In my state it buys you a few more months and if you list the house as unsecured, well then all hell breaks lose for the bank. I have some great support that I can share with you if you would like to contact me privately.
Best of luck and don’t listen to negative crap. You have enough to deal with.
Gari
@Gari,
It looks like you meant to suggest that Frank look into BANKRUPTCY to protect his home. Insead your sentence said ‘Have you investigated foreclosure?”
Indeed, using BK and declaring the mortgage as unsecured and DISPUTED is something to consider doing.
Have you done any research into your loan and the loan documents? Some of the loans were written with a fake company named as the lender. That makes the contract VOID.
In other cases, the banksters are having their employees assign the loans to the servicing bank in order to foreclose. That is a self-serving assignment and needs to be challenged properly.
Fraudulent documents are still rampant.
This is true, to a degree. They will rule by law if you have counsel. You will be abused as a pro se defendant.
@tim
It hasn’t always been like this in the Courts. Many years ago when someone infringed on my copyrights,
my friends brother who was very well connected got me a state senator as my attorney and in the end I went to court against him on fees and won.
@tIM
May 19, 2012 at 12:42 PM
@Tim
I found the Church site which shows
Deacon Tony and Diana Garcia’s son married to Michelle Hierman with two children living in Altadena.
when I looked up Isaac A Garcia I found when he lived in Pasadena his relatives include Tony and Diane.
When he moved to altadena neither Isaac or Michelle’s relatives make mention of a Tony and Diane Garcia but there is a Beverly Kay Garcia and a Lawrence Z Garcia. Where is the Deacon
After my own court proceedings where I filed againt 3 banks and MERS…knowing the law and citing the law and digging in the law library, as I read so many of you on this site are actually doing, it has been my 2 year experience that the JUDGES ARE NOT RULING ON LAW….The Judges are just ruling in favor of the banks and no matter how much evidence you file, proving the fraud, citing the laws it violates and what this situation has done to your life, the JUDGES are ruling in error and forcing the homeowner to either file an Appeal or being evicted. Then the dirty little trick you will not know until it passes you by is….If you are going to TRIAL without a JURY (which are 99% of us)….there will never be a COURT REPORTER and you must file one on your own otherwise, you will have no evidence of what the Judge did wrong during that hearing. That trick is to hurt you so be aware if you continue to fight after the lower court Judges rule against the LAW…I stress that the JUDGES are not ruling on law!! They are violating the laws and nothing is being done to stop it!!!! NOTHING!
Most court are all POLITICAL and rule in favor of the rich………
When someone gets Mary ann Hierman or Michelle Hierman Garcia on the stand I think they should inquiry as to what name she is employed under and whose social security they use on her W 2 or 1099 or whatever,( Is it Mary Ann Hiermans or Michelle Hierman Garcias number?)
@GOI
I have noticed your posting several times and that is wonderful for you
But your case is the rare exception or there wouldn’t be so many people
on this site exploring and learning about the giant ponzi fraud going
on at the banks. .
Most of us do not have the funds for an attorney
My case at this point is very simple. I was in Federal Court when the state court judge
without jurisdiction signed the two judgments. The bank present attorneys even understood
this and said we never owned her two condos when the banks previous attorneys auctioned them off
and it is indemnify Indemnify INDEMNIFY, We are stepping aside and the title attorneys are stepping in.
And I should have regained possession of my two condos
. HOWEVER the corrupt attorney Thomas Malone of Fidelity National Title
and corrupt attorney David K Fiveson of a sham title company he called Coronet Title
did not want to Indemnify their clients and wanted to be Intervenors instead.
and told the Judge We have Equity and she took it and ruled against the law.
What happens to an attorney that says a Judge is corrupt.
YOU KNOW THAT ANSWER.
i am not going to subject a good attorney to that fight,, nor do they want it.
The people need them for our fight against this massive ponzi scheme.
mortgagemaria
Michelle A Garcia
Michelle A Garcia
Michellea Garcia
Michelle A Herman
Mary A Hierman
Michelle A Hierman
42 Denver, CO
Altadena, CA
Denver, CO
Pasadena, CA
San Gabriel, CA
Wheat Ridge, CO Isaaca Garcia
Garry Craven Hierman
Garry Keith Hierman
Mary Ann Hierman
Sally Jo Hierman
i found this on peoplesearch
mortgagemaria
the first six names are names she allegedly used
followed by her age 42.
the cities she lived in
and her relatives
MortgageMaria
To me it looks like the woman signing the name Mary Ann Hierman
is really Michelle Hierman Garcia.
http://www.zoominfo.com/#!search/profile/person?personId=1721764335&targetid=profile
@Tim
I found the Church site which shows
Deacon Tony and Diana Garcia’s son married to Michelle Hierman with two children living in Altadena.
when I looked up Isaac A Garcia I found when he lived in Pasadena his relatives include Tony and Diane.
When he moved to altadena neither Isaac or Michelle’s relatives make mention of a Tony and Diane Garcia but there is a Beverly Kay Garcia and a Lawrence Z Garcia. Where is the Deacon?
marilyn. Not ALL attorneys are ‘bank attorneys’. I have prevailed as a HOMEOWNER using attorneys. You must get the RIGHT ONE…!
I won a house ‘free & clear’: here is the court order: http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
YOU must know how to direct the attorney you hire….
I found this on LEAGIN RE McLOYD
United States Bankruptcy Court, N.D. Ohio, Eastern Division.
April 5, 2012.
——————————————————————————–
Question No. 3: Identify Mary Ann Heirman (Ms. Heirman’s name is on the assignment).
ANSWER: Objection. This request is vague, ambiguous, and overly broad and burdensome; requests irrelevant, immaterial or inadmissible information or information protected by privilege and/or contains questions in violation of law, rule or regulation.
(seems like her identity is quite a secret)
the site is LEAGLE
You should still read the court rules, particularly procedural rules, and use them to your advantage. If you have a lawsuit pending, ask the court to issue a subpoena for this person and take her deposition. It will cost you some money for a court reporter, but that is how the issue of robosigners is preserved. There are depositions of robosigners on the internet already, so you can use the same questions.
@Marja
That is very kind of you to give us that information
and I agree with you that we have to go
by court proceedure
.BUT the more prepared you are with information about the other side
the less chance they have to do it to you
and you are out the door.
Nope, I’m on this site because I had represented people who were foreclosed upon, and currently am helping with a class action (not yet certified) as to ReconTrust foreclosures in Washington State. I have filed responses to eviction suits, alleging “robo-signing” and got nowhere under Washington law. But Washington State’s Supreme Court is currently scheduled to decide two cases that may be important on the subject of wrongful foreclosures.
Since you are an attorney I understand why you object to the way pro se defendants
get their case together.
There are a few attorneys that are really on our side but most are trained not to fight the system
and in this massive ponzi scheme that has engulfed this whole nation , we the people must fight back.
Certainly we have gotten off track! I think there was some discussion if Mary Ann Hierman was a real person as she didn’t seem to exist in Calif.
She exists; she works for B of A; she was subpoenaed for court last week but says she wasn’t served?
Some homeowners wanted to compare her signatures. I have many signatures of hers and they all appear to be electronic.
I started this inquiry as I am still accumulating assignments that she has executed or prepared.
This message string, looking for someone’s address, is silly. If you have a lawsuit filed, serve the bank, send interrogatories to obtain addresses for personal service, or send an official request to the attorney to accept service. Trying to get personal addresses just looks like you are harassing somebody.
@MARJA
I want to know everything I can about a robo signer, an attorney or anyone that has a personal agenda and is trying to take property from me. I know whose side I am on. I( would want to know the answer to why the California Public Record say there is only one Mary Ann Heirman in California and she is 71 and now that someone spoke to her father I doubt he could have a daughter 71.
@Marga
You could be sure B of A pulled all kind of credit reports for information on MortgageMaria.
This not about getting addresses, this is about finding out who is this robo signer.
Are you on this site because you were foreclosed on? And what happened?
@Marga
This issue in not about getting addresses.
This issue is about who is this robo signer is?
Are you on this site because you have been foreclosed on?
And what happened?
Marilyn, There was nothing to press re police records. Please send the link to me directly – maria@mariasaid.com Thanks.
I tried to send the direct link.and when I looked on message board it wasn’t there.
I pressed in alot of police sites till I got something for free.
That one had one report of something but didn’t say for what.
for a mary a hierman at an address on Paz Road Altadena
but I think it was a different house number – maybe something like 1723 Paz.
I am still searching for that FREE police site again I am getting everything but.
that one incidentthat I saw for Mary A Hierman could be anything from a parking violation to a felony.
Meanwhile what I did see was that a Michelle Ann Hierman could be Michelle Ann Garcia. about age 42.
That could be the daughter. I also saw that the Ruth Hierman listed as possible relatives died at 88.
This Michelle Ann Hierman has addresses in Altadena, Pasadena and Denver Colorado and was born in 1970.. She is on linked site that Tim is on. Prehaps he could get some more info if this Garcia is the same Michelle Hierman.
Michelle Garcia is a CW employee in the Orlando, FL area. there is a facebook page for Michelle Hierman Garcia. I do not use FB, so I cannot view anything more.
I could be wrong, but I believe they are 2 seperate people.
Interesting….
“Their son, Isaac Garcia, is married to Michelle Hierman. They have two children, Malena (2½) and Rowen (6 months). They live in Altadena, California.”
http://w3.ucg.org/un/un0611/annts.htm
No matter how scary fight back. They are the thieves not us.
@MortgageMaria
That is because I just keep pressing in all kind of phrases.
I started with pressing in Mary Ann Hierman at Intelius (people finder)
They say there is only one Mary A Hierman in the US
(i would poke into all the people finding sites)
I then pressed in California Public Records. They state Mary A Heiman is 71 and the only one in California records.
Start posting on the message boaqrd for all those with Mary Ann Heirman signatures and who is the notary, the date, the city and give the list to the California Notary assoc.
California Notary also states their is a fund for fraud victims. I am going to try to post this message and then I have something else to post.
I looked up B of A in Altadena and their site says they set up appointments for banking info even if you are not a customer.
Maybe your contact could go with a friend and ask to set up an appt asking for Mary A Hierman
( because she is very good to deal with.?
If lots of you went into all the banks trying to talk with her I have the feeling she would get nervous and might start to talk) the friend should have a cell phone with a camera.
I would call her house again maybe later in the day and if by luck you happen to get her on the phone, ask her directly ”
“are you a VP or whatever at B of A and did you sign my foreclosure papers.?
Hi Marilyn, it sounds like you are great at research. Which Calif public records are you looking at?
VIRGINIA PROPERTY- FORECLOSED ON 12/5/2008
FLORIDA PROPERTY- FORECLOSED ON 3/2010
RETIRED US NAVY PAID 15,000 DOLLAR S TO ATTORNEY WHO CLAIMS HE HAS MUCH EXPERIENCE WITH HOMEOWNERS. . UNFORTUNATELY, ATTORNEY DID ABSOLUTELY NOTHING TO THE CASE. ON 2/2011 I FILED A COMPLAINT AT D.C. BAR ASSOCIATION. AFTER I FILED COMPLAINT I FOUND OUT FROM THE BAR HE WAS NOT LISENCE TO PRACTICE IN VIRGINIA AND FLORIDA.
WE ARE HOMELESS, LIVING WITH RELATIVES, CANNOT AFFORD TO HIRE A COMPETENT ATTORNEY. NO ONE TAKE OCNTINGENCY CASES
I went back and looked at the California Public records and the only Mary A Hierman they have is 71 and most likely married to the Garry Hierman they have who is 73.
And their relatives seems to a Michele Hierman, Garry Hierman and Ruth Hierman. So prehaps this robo signer is using her mothers name .
Could her name be Michele? To me if it is established that there is only one Mary A Hierman ,it seems hardly unlikely a 71 years old women would have the stamina to travel and sign so many papers.
Just a guess.
i don’t have Mary Ann Hierman on my papers. Waiting for a reply from the NY Court on my case
I’m poking around the Internet for those who do.
Since Sarafians is the Notary someone with her signature should call him and get him to ID the person.
Website: http://www.vazonotary.com
vazrik sarafians is a commissioned notary public and may notarize documents in any county of California. It is not permitted to use a notary public seal for mobile notary services outside California. However, if you find a notary or mobile notary that has a dual notary public commission in a neighboring state, then it would be legal for the notary public to use the commission for the corresponding state. Thank you for using NotaryCRM as your source for finding mobile notaries.
I also went t California Notaries but the list is long and I only knew how to scroll. Someone who is better with the computer might know how to check the list for a name..
The notary site alsd says there is a fund for victims of fraud.
I am dealing with an issue concerning her as well. She signs as BofA, MERS, Core Logic, et al. I will email you some of her docs that I have.
Hope it helps.
Hi Tim
I was looking thru California Property Records and came across a Garry and Mary A Hierman on PAZ Road in Altadena Calif. I don’t know if it is the Mary Ann Hierman you are interested in but what got my attention was the big difference in declared property values between neighbors on that street.
I tried to post the page get it in the reply to you.
@ Marilyn Lane,
That discrepancy between property values is not a ‘DECLARED’ value. Based on a PROPOSITION passed eons ago that is intended to keep people from being forced out of their homes due to escalation of property taxes, the VALUATION shown on property changes when there is a SALE. Between years of sale, the most the property valuation adjusts is restricted by Proposition 13.
Due to that proposition, I would tend to believe that the one property has been owned by the same owners for a longer time that the surrounding properties.
Don’t waste your time on this effort unless you can see that the properties sold in the same year. Even if there is a sale, an existing basis can be transferred in certain circumstances and even transfers between family are sometimes restricted in how much the property is re-evaluated for tax role listing purposes.
Like I said, this is not an area that you want to put lots of time into unless you dig into the rules regarding Prop 13 re-evaluations of property. My own property is taxed at significantly less than many properties near mine. Only the house next door that has never sold since before my own purchase has a lower tax bill than my own.
I believe the Hiermans in Altadena are the parents of the B of A employee.
@Tim & MorgageMaria
Knowing Tim he would check every piece out.
MortgageMaria -why do you think it is Mary Ann Hiernam parents? I went to Intelius and they say there is only one Mary A Hierman in the USA. That is related to a Garry Hierman, the other name on the property.
IF it turns out there is only one and these are very old property records search the records and see the signature.
In addition Intelius says Mary A Hierman has lived in Altadena and Pasadena.
I would not take Intelius word , I would go to all the people search engines and see if they know something more.
You don’t know what you don’t know.
One of my contacts called the home phone and spoke with MA Hierman’s dad. He confirmed that she worked for B of A and would be home later that day.
http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instrument%3A200600203659
@morgagemaria
what doesn’t add up is why the California Public records say there is only one Mary Ann Hierman and she is 71 amd Intelius says their is only one Mary A Hierman in the United States.
Do you know if all the people who have Mary Ann Hierman’s signature have a same notary?
How about all the people who have Mary Ann Hierman,s signature, post her notary , the date, the city,
and assemble a list to give to the California Notary assoc.
Tim, Look in the USC and discover the meaning of “national bank v Federal bank”
I know the difference. I did not include the “definitions” section. BofA falls under the title.
No intention of being offensive! There are many who do not. Keep up the great work!
Hi John (and anyone else who might have an answer or suggestion to this question),
I am seeking diversity jurisdiction on my foreclosure case because I reside in one state and my bank’s ‘nerve center’ is in another. My bank has no registered entity in my state at all BUT I have been told inadvertently that they are given status in standing in state court because of their status as a National Bank. Believe it or not, this question is not easily transparent and the law that I finally got someone to provide does not even really say that. Here is what was shared with me:
National Banks are still organized/chartered under the National Bank Act (1864) and we have no authority to register them.
To me this does not give them the ability to sue in state court at all, it just says the state has no authority to register them. Is it my problem if they can’t be registered here? Seems like it should be the bank’s problem.
Thanks!
Gari
Mary Ann Hierman
Vasrik Sarafians
Bank of America – B of A – BOA
I’ve been compiling information re Bank of America, specifically info on Mary Ann Hierman, a B of A employee. I’ve been served foreclosure papers with Hierman signing a fraudulent assignment from MIT Lending. The Calif notary was Vazrik Sarafians. He hasn’t responded to my written request for a copy of his notary journal. Please send your executed documents by the persons listed above and I’ll send you info that I have.
Many thanks and good luck – Maria@MariaSaid.com
You need to be escalating this with the appropriate CA state agency. It is possibly the Sec of State. But go online and find out which agency, then put in a complaint pronto.
The state CAN revoke the notary commission.
Hopefully you have proof of mailing that request
Meanwhile, do not expect this alone to stop the foreclosure ‘machine’. It is a step in the right direction but be prepared to then escalate this.
Looking at other aspects of your situation, do you realize that “MIT LENDING” is a D/B/A? IN fact, it is a d/b/a of a d/b/a as follows: “MortgageIT, Inc. dba MortgageIT.com dba MIT Lemding”.
The New York headquarters are located on a street that has become famous: Maiden Lane. Deutsche Bank acquire MortgageIT on or about January 3, 2007.
While Deutsche likely can show it is the successor to MortgageIT, it appears that the BofA employee is working for the current SERVICER. Frequently the servicers use MERS to attempt an assignment to themselves. It is likely the case with your assignment. You need to get into discovery in a legal case so you can demand further documents. Meanwhile, you may want to try writing to BofA asking for information on how their employee is signing for MIT Lending, via MERS. I suspect the loan should have been assigned to Deutsche. If BofA is attempting to assign it to themselves (par of the course), I’d be trying to get them to put more information in writing.
I have filed a written complaint with the Calif Sec of State about the notary not providing a copy of his notary journal. The SOS is at least 12 months behind in processing complaints. B of A is the servicer as well as the owner of my note. And, yes, I was aware of all of the dba’s. My loan originated with MIT Lending (the wholesale branch of MortgageIT) but assigned at closing to another lender, not Countrywide or B of A. I had everything on auto pay so somewhere payments started going to Countrywide, then B of A. The assignment from MIT Lending was executed 7/2011 from MIT Lending to B of A, long after MIT Lending went out of business.
It is also a federal crime under the United States Code http://www.law.cornell.edu/uscode/text/18/513
i forgot to add this one as well, a Class B Federal felony http://www.law.cornell.edu/uscode/text/18/514
It is also a false bank entry, also a federal felony http://www.law.cornell.edu/uscode/text/18/1005
“Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both.”
http://www.law.cornell.edu/uscode/text/18/1021
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
http://www.law.cornell.edu/uscode/text/18/1341
Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both.
http://www.law.cornell.edu/uscode/text/18/1342
“A member bank or any subsidiary or affiliate of a member bank shall not publish any advertisement or enter into any agreement stating or suggesting that the bank shall in any way be responsible for the obligations of its affiliates”
http://www.law.cornell.edu/uscode/text/12/371c-1
I would argue that this civil law, makes it illegal for National Association banks to act as MERS “certifying officers” in any manner.
Some more MA Hierman links
http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instrument%3A201200018070
http://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasimages&lq=Instrument%3A201100148904 (shows being a CoreLogic employee in SC)
http://www.pottco.org/deed_pdf/2011/1/5/5/2011-15554.pdf (another CoreLogic doc)
http://finance.groups.yahoo.com/group/fight4mortgageandcredit/message/9452 (person claims to have spoken to her, and says she just signs docs)
Most of the docs I have seen, show her as representing to be an employee of CoreLogic, not BofA, and not MERS. So, she is not only robosigning for BofA and MERS, she is “robo-creating” docs for CoreLogic.
LOOKING FOR COPIES OF SIGNATURE ON FILE FOR THE FOLLOWING PEOPLE:
STATE OF INDIANA NOTARY PUBLIC- DAVID A. DAVIS
AURORA LOAN SERVICE ASST. VP- CHRIS ZIMMERMAN
IRWIN MORTGAGE OR INDYMAC VP FORECLOSURE DEPT- STEPHEN BROVIAK
To Angel,
It was the Office of the Currency Comprtoller(OCC) that approved the merger of Chase Home Finance,LLC into JP Morgan Chase Bank, N.A. as of May 2011 Need more info, eugenevillarreal@hotmail.com
Send certified:
To: United States Attorney’s Office
Central District of California
312 North Spring Street Suite 1200
Los Angeles, California 90012
To: California Department of Corporations
Consumer Services Office
1515 K Street. Suite 200
Sacramento, CA 95814
To: California Dept. of Real Estate (DRE)
Mortgage Lending Unit
P.O. Box 187000
Sacramento, CA 95818-7000
To: Federal Bureau of Investigation (FBI) Los Angeles
Federal Report Division
11000 Wilshire Boulevard
Suite 1700
Los Angeles, CA 90024
To: Ventura County Clerk and Recorder
Mark Lunn – County Clerk Division
Hall of Admin., Main Plaza
800 S. Victoria Ave.
Ventura, CA 93009-1210
Consumer Financial Protection Bureau
Fraud Division
P.O. Box 4503
Iowa City, Iowa 52244
(855) 695-7974 Fax (855) 237-2392
.
The State Bar of California
Office of the Chief Trial Counsel Intake
1149 South Hill Street
Los Angeles, CA 90015-2299
To: California Attorney General
California Department of Justice
Attn: False Claims Unit
P.O. Box 944255 Sacramento, CA 94244-2550
To: California Secretary of State
1500 11th Street
Sacramento, CA 95814
To: The United States Department of Justice (DOJ)
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Comptroller of the Currency
Case # 02293650
1301 McKinney Street Suite 3450
Houston, TX 77010-09050
To: Ventura County District Attorney’s Office
Real Estate Fraud Unit
Michael K Frawley Ventura
Senior Deputy District Attorney
5720 Ralston Street, Suite 300 Ventura, CA 93003
VENTURA COUNTY SHERIFF’S OFFICE
Civil Unit
800 S. Victoria Ave. RM 101
Ventura, CA. 93009
U.S. Department of Housing & Urban Development
Office of the Inspector General
451 7th Street SW
Washington, DC 20410
Fighting in New Mexico
(I posted this message to AFN just a moment ago so if you are on there, this is the same thing) . . .
The bank and I have been going back and forth for the past 10 months when they first served me with their complaint. As it currently stands we had two hearing on March 26th of this year (1) the first on standing (2) the second on motion for summary judgment. The Judge denied my question of the bank’s standing and granted summary judgement which could not be filed for 60 days and thus is set for May 29, 2012.
I ordered a copy of the transcript that day (March 26th) and spoke directly to the court recorder who later asked me for a copy of the notes she saw me reading from in court. To this day she has not provided me the transcripts stating that she has been busy with a jury trial that started right after my case on March 26th. I contacted her again yesterday and she said the trail is over and she will get them to me. I heard nothing from her today.
Meanwhile, the bank filed an objection to my request for reconsideration on April 24th, 2012 which essentially states the following:
Point 1) Judge has already found defendent’s motion without merit
Point 2) Defendant has not introduced not new evidence in Support of my Motion for Reconsideration
Point 3) Defendant’s claim regarding standing is based totally on heresay
Point 4) Bank claims to have physical possession of the original promissory note (which they waived around in court but never showed the judge and I but probably looks legit to the general eye)
Point 5) some junk about Section 55-3-301 NMSA and UCC Article 3 standing essentially stating that they have the right to collect because they hold the promissory note which is bearer paper AND
i. that Carpenter v. Longan – 83 U.S. 271 (1872) is invalid because it pre-dates both the negotiable Instruments Act and the Uniform Commercial Code
ii. AND is irrelevant in New Mexico as law because the question based on a decision fr
(still fighting in New Mexico and my post above was too long obviously . . . .)
con’t.
decision from another Distructs US Bankruptcy Decision (from New York)
iii. AND (under Point 5) that they will go after me for damages should the judge grants my Motion for Reconsideration.
I have not heard a peep from the judge himself.
I don’t know exactly what to do now.
Should I:
1. Ask the judge for more time to prepare because I have spent the last 40 (and counting) of the past 60 days waiting to get the transcript to prepare for my hearing on reconsideration
2. Ask if I am even getting a hearing for reconsideration
3. Pray
4. Bribe the court recorder with chocolate
5. Sue the bank for being such an ass or maybe better yet for payment on the house or for wasting my time and being greedy and indecent with my taxpayer dollars
My mortgage is not a MERS mortgage, rather it was scooped up from my original small local bank in a bundle, securitized under Ginnie Mae with a pooling and investor number, then magically placed into the hands of the current Plaintiff by a robosigned assignment of mortgage to Plaintiff from the FDIC as trustee and this is the only document that the bank has provided me in my discovery that says they are the ‘true’ holder of the note except for a photocopy of the note that has the word ‘original’ in the photocopy and the judge did not ask to see whatever it was that the bank was waiving around in court at the hearing as the original note.
One last concern: I went to see a very scummy young lawyer who did a quick search on LexisNexis and says that the 10th Circuit Court of Appeals (to which my case falls under as a New Mexico issue) is not recognizing Carpenter v. Longan stating that the note does not have to move with the assignment of mortgage or some mumbo jumbo but not sure how to make heads or tails of this claim really.
Thanks and so sorry to be long winded. Just don’t like getting so close to SJ date and not having a plan.
Gari in NM
To Angel,
You may know this already that Chase Home Finance, LLC merger with JP Morgan Chase Bank, N.A. on May 1, 2011. Chase no longer exists. Have you checked the Freddie & Fannie website ? They will most likely tell you that (FreddieMac) owns your mortgage. If they(Freddie) does, go to their website, also, and for Seller/Servicer Guide Section 66.17, 66.54, 22.14. It will show you how they hide behind the curtain. Read ; http:/www.housingwire.com/news/freddie-mac-tell-servicer-not-foreclose-mers-name . Has a follow up link to an Oregon article.
interesting,so if they dont exsist how was i served a summons from chase home finance 4-2012??see without this site VITALE info would go un-known…Thank you,more proof of fraudulent behavior…& i will check out those web sites.
CONGRATS ANGEL…. I am still fighting in court. Don’t trust any settlement Angel. That is move to set you up for failure. I am going to trial and the bank has not filed anything in months. They have not even responded to my first set of interrogatories. I think they think I’m going to go to sleep on this and wait til it get close to trial to start demanding discovery. We have asked to examine the note in court, in discovery, and any other way you can think of but they have failed to present it. I guess I will be filing a motion to compel AGAIN!! ANY, LOVE THIS SITE ALSO. KEEP UP THE GOOD FIGHT EVERYONE. GOD BLESS!!
well after ALOT of research & still at it,our status 2day,I filed a cmplaint with,FTC,FHA,BBB,against CHASE HOME FINANCE,& would you know it my phone has been ringing from chase,& i’ve been 2half yrs passed around thru this company with NO RESULTS,now because i WONT back down,they want to work something out..i would be LOST had i not found this site,the info,is SO VERY HELPFUL!!!!!& i say to ALL dealing with madness from lenders,banks,mortgage companys..U ARE NOT ALONE..& FIGHT FOR YOURSELFS..dont take fraudulent behavior lightly,& u can win,maybe small victorys at 1st,but every voice will stop this modern day home invasions/theifs/liars wearing suits saying”trust us”..TRUST YOU!!!!!! THANK YOU FF.ORG!!!!you have been a god sent to us,
Here are ‘court orders’ showing a PRELIMINARY INJUNCTION was given AND how I won my house FREE & CLEAR.
http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
Hope this is helpful to you…!
I just pressed in police records for Mary A Hierman in altadena calif and this is what came up
press it in see what you make of it.
Mary A. Hierman N/A Altadena, CA N/A (818) 798-xxxx 1793 La Paz Rd
Isn’t there a way to help some fight thier foreclosures by having every Judge or Attorney that has a possibilty of any kind of making financial gain have to remove them selves from any kind of foreclosures due to bias , conflict of interest , an unethical behaviors for helping make themsleves any kind of profits
?
Currently involved in litigation where complaint alleges borrower never missed a payment, yet bank marked her as in default, filed a nod, nts, and performed a subsequent sale. The sale occurred about 2 years after the nod ebcause borrower entered into repayment agreement with bank, that they completed, after it was clear the bank was going to foreclose if not.
Suit has several causes of action, including negligence and negligence per se, but can’t seen to get passed a demurrer. Specifically, the duty requirement for a negligence claim. Bank keeps asserting only claim should be based out of contract, and if no duty then no negligence. Demurrer has been sustained twice with slight variations in the arguments.
any suggestions would be appreciated thanks.
Good for you. If you could forward your attorney’s name and auditors, we’ll let homeowners from Maryland know when they checkout our website, http://www.afnetwork.org.
thanks,
eugenevillarreal@hotmail.com
You people are strong – this is what it takes. Keep up the fight! And thank you – from all the rest of us!
I agree that a proper ‘Audit’ or Report of Findings would be invaluable in a Court of Law, IF done properly. We have been fighting Wells Fargo, (Agent for HSBC, Agent for Merill Lynch Mortgage Certificates, Series AF2-2006) for a few years now. (Were in Maryland.)
Did a lot of leg work and fought pro-se for a year and a half, but in the end, found an excellent attorney-(2 of them), and would not have gotten anywhere without them!) We got Wells to panic, and they went so far as to hire a high priced law firm, (behind the backs of their normal foreclosure attorney’s who handled it for them for over 2 years), and it just so happened that the firm they hired had the son of our Judge working for them. Of course the Judge Recused himself, and it got reassigned.
Wells new firm then piled a mountain of b.s. on us in an attempt to get us to join them in a dismissal. We refused. In the end we allowed them to dismiss the case, without predjudice.
Sorry for the rambling, my main point is that we introduced everything from the PSA (in its entirety), Allonge, Robo Signed Affidavits, and much more. Without the evidence, it would go no where.
I believe a properly done Audit could be instrumental in defending or suing. (Loan Level Data would be gold!)
We have not ordered one, however are seriously contemplating doing so.
Good luck to all. Fight the good fight! Challenge Everything! THEY LIE!
Forgot to mention, if anyone is fighting the good fight here in Maryland, and getting somewhere with it, let me know. I would love to compare notes, and contacts. Have a lot of people asking me for advice and help, in finding the right companies to deal with. (For Audit / Securitization Information and LOAN LEVEL DATA)
Anyone?
It’s pretty scary out there!!! But research is your tool to success and defend against fraudulent activity.
Can anyone explain about this scam of mortgage securitization?
“The Federal Trade Commission (FTC), the nation’s consumer watchdog, has publicly denounced the use of mortgage audits, even if they’re done properly and legally. ”
WHAT?… How can this possibly standup in Court with the FTC denouncing it?
Angel: IF you get help you won’t ‘go at all’…. you can’t win on your own…
http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
@GOI….I 100% agree,i wont give up,the problem im having is im beyond “green” on law/lawyers..NEVER dealt w/suits..& the lawyers that have contacted me are ONLY talking about “modify” or re-finance…I think im not coming across right..what i can prove…NEVER missed pymts,NOT 1….forced ins.policys never needed….credit ruined over false claims,worked day/night with LENDER, trying to stop this,csr,ins dept,loan dept,loss mitigation dept,Home Lending Excutive Office & finally after being passed through that many depts & still 0 results except 2half yr papertrail of contidicting lies,so i tried Independent Mortgage Reveiw & 2date,we have (2) case #’s & its 5months later w/no results…I know we need a lawyer…but i feel we have 1shot at this & i need to find 1 as big as “lender”…or am i way off???
There’s much more attention on the issue and banks are being exposed so they are being cut down to size. Your instincts are right that lawyers want to steer you to modifications or know as much as you do so you need someone that’s familiar w/ the issue. It was recommended to me that I sit in on cases which seems like a good approach. If you post your county, state someone on here may be able to refer you.
macy: you need HELP. You don’t understand what is happening….
Here: http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
@goi-Are you sure it’s I who does not understand what is happening? No offense, but I have absolutely no idea what you are talking about and how it relates to me. You keep sending this scrubbed scribd case, which by the way, is a matter of public record- but you make no point. You say that the economy would collapse if everyone got their house FREE & CLEAR-[ as far as I can see the banks and their unethical practices managed to collapse the economy all on their own without any help from me ]- but I would suggest you review the Jerome Daly case and who the actual creditor is in regards to the actual alleged loans. Securitization and Monetization may be where you want to start as well. I guess it would make sense if the fact was that when you took out a loan for your house (which in your case- sounds more like investment properties and not homestead) there was equal consideration and that the bank or lender actually deposited your note in their safe and exchanged real money using the mortgage as collateral, but that is not the case. Banks do not and cannot lend money-they lend credit-credit which is monetized by your signature. This is part of the deception and misrepresentation that most are talking about and trying to fight. So far- I have yet to see any attorney comment or blog about this truth- but as officers of the court- it would probably not be in their best interest to do so. Why do you think so many only offer modifications? Here’s a little something for you to think about as well- did you know that the courts are corporations and that they, as well as, the judges have investments and retirement plans in MBS’s? Don’t believe me- look up your CDC on Dun & Bradstreet.
Congratulations on getting your house FREE & CLEAR- and seeing how it was probably already paid for 3x’s over when it was securitized- it’s too bad that the stock certificate YOU created did not pay you any of the proceeds that others made off of your MBS.
…If I misunderstood your point and that your point is that hiring a competent lawyer who actually understands what is really happening and offers foreclosure defense – I agree- no one should try and take this on by themselves (pro se). As they say- “A man who is his own lawyer has a fool for a client”.
My sincerest apologies for any misunderstanding.
My posts are just a sharing of information that I have stumbled upon.
Sorry if this has already been posted- but it is a great article:
http://deadlyclear.wordpress.com/2012/03/29/the-securitization-curtain-is-lifting-in-hawaii/#more-1876
@angel, please this has been done to all of us. 9/2009 i was unemployed from march and just found a new job and my husband was ill and could not work for a month could not get sick leave pay for him. asked wells fargo about the hamp loan. my gosh did a can of worms open. i also had never missed a mortgage payment from 1991 we are talking about . but some how i fell into the rabbit hole. my paper work was lost, the modified me higher then original morgage, found out i have a stated income loan , my income never verified. what happened to 25-27% of net income prevents defaults. but they wanted default any way they could get even if your paying they find a way. i had had paid 5 moneths on my mod and asked again for a hamp loan and then i was told NOT to pay my mortgage . induced into default. forged note, no assignments. please findd counsel do not walk away form your home. we are in the middle of a fraud scheme on us. please go to foreclosure hamlet ( i am saving my home in floridah) and living lies. all our stories are different but all pretty much the same. satay the course and you wil win.
Thank u for sharing,& srry your dealing with craziness,i pray 4 resolution for all dealing w/LIARS..but i wont give up,ever..it took us to long to build our credit,save for dwnpymt,& we never missed 1pymt & placed in default 3xtotal…..i’ve never in my WILDEST dreams guessed this would be a worry,i thought you buy a home,plant roots,live…not buy a home then get sold to crooks that ruin peoples lives & get paid to do it…im 41 but feel 5 when it comes to this much WRONG,i’ve had no voice,proof meant zip,were ruined & im NOT goin quietly
In what state are you located ? If you receive no answers, please look at our Pro Se website that might help you. www,afnetwork.org .
im in ky…I have never dealt with anything like this,this was our 1st home purchase,& honestly i never want to do this again…thank u for responding.
was placed into foreclosure w/out missing pymts,”lender” attatched ins,policys never needed,had my ins,agent call lender direct to prove,along w/faxes of entire ins coverage,still attatched 6 policys & depleted entire escrow acct,into neg amount,continued to pay mortgage until pymt returned,4-2011..have been in contact with lender providing proof,i’ve dealt with ALL depts,with 0 resolution except further in debt,credit ruined,filled out all paperwork for Independent Mortgage Reveiw to end this,we have a case #.& i thought this would end this nightmare but was served 3x in 1week,4-19-2012…summons is same as 2010 charges i’ve already proven FALSE,& states “lost” deed,& deed never placed with our county,CANT TAKE THIS!!!!! this has consumed me now 2half yrs…i dont know how else to prove this is BEYOND messed up,can ANYONE HELP??????????American Dream is a LIVING NIGHTMARE!!!!!!
FYI only
http://mattweidnerlaw.com/blog/2012/04/mortgage-securitization-audits-they-are-a-crime/
Posed these questions to this post:
Why is a Loan Modification not considered a “Foreclosure-related rescue service”.?
and-
If the Note/Negotiable Instrument has been bifurcated from the Mortgage/Deed of Trust and has been forever converted via REMIC from a UCC-3 Negotiable Instrument to a UCC-8 Investment Securities or Stock Certificate.
Would not the conversion and the separation of the two therefore make the contract null and void?
On my Mortgage/Deed of Trust it states “This Deed of Trust secures a Promissory Note”
In other words- if the Deed of Trust secures the Promissory Note- and the Note no longer exists-then would not the Deed of Trust be invalid?
So my main question is- How would anyone have any authority to Modify a Loan based on a contract that is invalid?
Could this be one way a loan modification could happen?
The loan becomes delinquent and then after 60 days the servicer becomes a debt collector. The REMIC writes the debt off and the servicer then buys back the asset as a non-performing, unsecured debt (toxic asset) for pennies on the dollar so that they can negotiate a loan modification. So the servicer has purchased a discharged asset.
Any help understanding this would be greatly appreciated.
You need to attend this Webinar and get anyone else you know on it. If you miss this please e-mail me and I will get you the time and date when we have the next one. Also, if your not using Audits or anyone in Foreclosure are not using Audits I would love to speak to you on how our Audits can help you discover the evidence and then seek Quiet Title. Even if you already lost your home in Foreclosure you can use one of our Audits and sue the bank for Wrongful Foreclosure. Any questions please e-mail me at: FreedomInvestmentSolutions@yahoo.com
Are You a Victim of Mortgage or Foreclosure Fraud (Potential Client Webinar)
Tuesday, May 1 at 8:00 PM EDT
CLICK HERE to register.
Help- Can’t link to Webinar.
Steven-
was this webinar recorded and can one access it to listen to the archive?
Dominic Spinella,
Susan Chana Lask is a N.Y. attorney who “gets it” and WORKS for homeowners. Don’t know about fees, but I’m a member of Anti Foreclosure Network that helps Pro Se ligitants or help with info with those that have attorneys. Based in New Jersey but we have members from all over the country with monthly meetings and weekly teleconferences. Check out our website. http://www.afnetwork.org
i am in Calif and have Mary Ann Hierman sig on an Assignment of DOT, notarized by David J Mayo. I also have Mayo’s application for his notary lic from Calif SOS with his signature as comparison. I have filed a court acion against BofA and have subpoenaed Hierman to APPEAR WITH the MERS Board authorization granting her their authority to sign on their behalf. Trial is May 10, 2012. I will post the outcome. Trying to subpoena Mayo, but his company name keeps changing, but think I found him, so I can serve him to bring his Notary Journal (requied in Calif) to show Hierman signed in front of him. Don’t thenk she did. He is poss a robo-notary.
email me if there is anything you need on these 2. buffalogirl93561@att.net
And trustee just sent notice that BofA has ordered them to SUSPEND any FC action for now on me.
Linda.
thank you………. dominic
Dominic: Here is your answer: http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
Best if you’re in California….. but will work in other states….
go get ’em…
i am in ny.
i am looking for a foreclosure fraud attorney to help with a problem with b of a. . is this site a good place to find one.?? ……dominic
Where are you located…I’m in Florida. I recently had a victory against BofA…dismissed, but “without” prejudice…which means they can re-file. I would recommend the lawyer whi handled this. Rich
It seems like this is the latest charge lately. We have been hit by 2 lawfirms with sanctions cases. They cant argue the facts of course so let’s go for sanctions. These judges are tired of seeing us ProSe’s showing up in their courts… but I do think the Judges are starting to catch on to the Banksters and how they were part of bringing this Country to their knees. At the same time the Banksters were the ones to support the Judges in getting where they are today … their greatest supporters!
angela williams: one of my cases is with HSBC. Email me and i can provie data… g o i g r o u p at gee maie…
ttyl
I am fighting HSBC on fraud on my note. My loan was sold 3 times since 2004, they will not work with us at all and actually raised our mortgage to almost 2400.00, feeling completely helpless, we just stopped the nonsense and stopped making our payments. We have since found out that there was never a signed endorsement on our note, and in actuality they forged an endorsement dated January 2011, and stuck our original 2004 signatures behind it. It was never caught by anyone including the judge until this week! We our now on our 7th appearance before the judge, and HSBC has now filed sanctions against us, to try to win, saying that we objected to a question that was asked of us. Any one else dealt with HSBC? I would like to know.
Angela, it sucks that we cannot turn to the legal system to get help and justice. With that said there is hope to get this resolved and then take this to an attorney to seek Quiet Title. I would recommend you do an Audit, we offer different type of Audits from x-bankers to Richard Kahn who has over 35 years as a certified Auditor and Expert Witness. Once the Audit comes back it will show the Fraud, many of the Audits come with an Affidavit outlining the findings and the Auditors credentials. We also have an Attorney than can do Quiet Title in every state. The team I work with have been using an Administrative Process to help people become Free and Clear, even though we have been successful with this process we are now starting to recommend every new person we help do an Audit first…. WHY? Because when the audit comes back it will provide direction as to what path to take. If it comes back exposing the fraud and the evidence YOU need you can then take the path to start legal action with Quiet Title or it doesn’t show any fraud or evidence of fraud you would an Administrative Process. Understand nothing is every GURANTEED although I will say we are finding using these audits from the beginning has helped many find the evidence that they only suspected and finding this gave them the knowledge they needed to take the necessary action.
Here’s some info on our Basic Securitization Audit: This audit is specifically designed for the Quiet Title. In order to have evidence you need to conduct an audit before ordering a Quiet Title.
You need to have evidence or just cause to move forward, otherwise you could be filling a frivolous lawsuit. This audit will illustrate the chain of title and review the Loan Application (Form 1003), the Mortgage or Deed of Trust, the Note, RESPA Transferring and Servicing Disclosure and much more. The Basic Audit can be upgraded to an Expanded Securitization Audit with Affidavit.
I hope this helps, if you want more information on the Audits and how they can help you please send me an e-mail to freedominvestmentsolutions@yahoo.com in the subject line insert, More Info on Audits or you can call 941-876-4755. We do have a Webinar this Tuesday and I’d be more than happy to send you the link so you can attend.
Rev Andrew john shebiw, l say that,lam free for loans now if it is possimble l need loans. please please support me loans now.
l said thank you for good massege from you friend. l say well come TANZANIA now.
Rev andrew john Shebiw
I’m about to goto trial with Capital One on fraud and wrongful foreclosure claims. The bank just might finally be held accountable in California. I’m not going away and this is about the big picture.
ON 5/3/2012 AT 8am
There is a planned protest outside of the Santa Ana Civil Courthouse, CA. This is during my mandatory settlement conference. Media will be in attendance.
ON 5/8/2012 AT 9am
There is another protest set in front of Capital One headquarters in McClean, VA. This is during their annual shareholders meeting. Media will also be in attendance there as well.
THIS IS ABOUT ALL OF YOU! Together we can make these banks be held responsible and start healing our families!
More info available on:
capitalonemortgagefraud.com
macy: what state are u located..? I can refer those who I used. I’m in California…. Let me know
goigroup@gmail.com
Does anyone in here have info on Quiet Title and attorneys who are familiar with doing them?
If you would please send me an e-mail or call me at 941-876-4744. We offer several different Audits which you’ll need to do Quiet Title. I also know of a Law Firm that does Quiet Title in every state. We have 6 or more different audits and some of the Audits come with an Affidavit that will help the Attorney present the case to the Judge based on the evidence that is found in the Audits. Once this is submitted the Judge should rule based on Rule of Evidence. An Audit should be the very first thing anyone in Foreclosure should do. Why do an Audit; because by doing an Audit first will provide direction as to what solution to pursue.
When the Audit comes back and there’s fraud you can seek Quiet Title action, if it comes back showing no violations or fraud then you should use an Administrative process and then later start Quiet Title Action. I hope this provids you with some direction. God Bless
Hi Steven-
I do not see your email address. Is it a Securitization Audit that you are talking about?
thank you.
Blessings to you as well.
Sorry I thought I gave you the e-mail: FreedomInvestmentSolutions@yahoo.com
Here’s a few Audits
CDS (Credit Default Swap) Report:
A Credit Default Swap (CDS) is a financial swap agreement that the seller of the CDS will compensate the buyer in the event of a loan default. Typically and investor will file a claim in the borrower is 3 months late in payments. The CDS amount can be equal to the face amount of the original loan and sometimes greater. You do not have to be the owner of the note to purchase a CDS. In the early 90’s CDS’s began to hit the market and notes became securitized. In 2003 the amount of investors that purchased CDS’s increased at a great pace. This was due to the introduction growing number of Sub-prime and ALT-A loans. Theses were very risky loans, so investors wanted to make sure these Notes were protected. The CDS Report will identify if a securitized Note was protected, as well as the policy information. The Credit Default Swap Report is “The Smoking Gun” in a foreclosure case.
A Level 1 audit is required before a Credit Default Swap Report can be ordered. If you have an up coming hearing, will will include an Affidavit written by the auditor who performed the Credit Default Swap Report. This affidavit will be formatted for the hearing with the Plaintiff and the case number.
Basic Securitization Audit:
This audit is specifically designed for the Quiet Title. In order to have evidence you need to conduct an audit before doing a Quiet Title. You need to have evidence or just case to move forward, otherwise you could be filling a frivolous law suite. This audit will illustrate the chain of title and review the Loan Application (Form 10-03), the Mortgage or Deed of Trust, the Note, RESPA, Transferring and servicing Disclosure and much more. The Basic Audit can be up graded to an Expanded Securitization Audit with Affidavit Securitization Plus A
I’m not able to send you all the Audits, so e-mail and I’ll send you a list of the Audits
I confer Goi – I get the hire an attorney thing but most don’t know jack and no matter what we need to educate ourselves. Most people would have hired an attorney before they ever got to this board if that was an option for them.
gari
Goi,
I really think your deceiving comments on these boards is getting a little old. This of course is a capitalistic society but most of the people coming to these boards are searching for information on how to deal with the banks not a bunch of SPAM promoting your attorney. Commissions and kickbacks? Let your attorney know that if he is serious he should put his money where his mouth is and take these cases on contingency and get piece of the pie when its all over. Maybe a 20% share in the value of the property secured by a trust.
I will continue to help people on these boards fight for their rights but its tiring to shuffle through all of your spam.
I concur Tired. A couple of posts from Goi are more than ENOUGH.
However, on the topic of attorneys taking the cases on a contingency basis, that contingency fee in should be the amount that the court will award in attorneys fees or a portion of any cash award, not a percentage of the property value to be set up as a new mortgage in favor of the attorney in the case where the existing mortgage is extinguished. If there is cause for the mortgage to be wiped out, there should also be grounds for collection of substantial attorneys fees from the opposition.
I’ve been told that, in my state, a contract that has the attorney collecting a percentage of the house value in the form of a new mortgages is not ethical because any resulting ‘win’ then puts the attorney in the position of being an adversary to his own client.
Yes, encourage the attorneys to really work on these cases, but beware of unethical contracts. We already HAVE an unethical contract with the banksters.
Where can we find these contngency l;awyer creatures, Narnia? 😉
ruth ann traci: banks will NOT reduce principal to homeowners. IF they do, it will send all ‘currently paid’ homeowners into bank wanting THEIR principal reduced. You said ‘call govt, a..g., sec, etc. This will do NO GOOD and you’ll lose your home anyway. IF you have a case: CALL AN ATTORNEY. Banks will help, but only IF YOU HAVE A GOOD CASE. That is what ‘I did’ and got my house FREE & CLEAR… Here’s How I Did It:
http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
Don’t go into court ON YOUR OWN…!!!!
Thankyou for your supportive report back to me, I owned more than one home, started with inheritance, and does it even matter now! When common sense for most kicked in and they were walking away or whatever I hung in; trying to maintain all, trying to save credit, etc. as alot did, to no avail! Couldn;t sell any property for even a breakeven and the banks wouldn;t approve short sell! Finally make decision to short sell after trying far too long for a modificaton, short sale pending!! on prime residence, move back to original residence, locked out and foreclosed; back to prime residence still pending short sale, finally approved!! purchase price 620 selling price 174, tenant given cash for keys, move back into that home, trying to work with lender, refuses any assistance, foreclosed 4/23 will be thrown out soon, have lost all three homes, due to medical, had no funds for attorney, nothing was offered, mod given on one property 4 yrs ago, perfect payments 3 yrs refused assistance, so for those of you that believe you are being given a modification and they are there for you just in case!!! do not believe anything they say! here I sit with loss of 3 homes, all 20 down+ just wanted a rate reduction!! 30/40 yr whatever loan, now I am on fixed income, will never be able to save that amount for down payment again, unless I live until 80 with no health issues, haven;t headed that direction so far! I think the banks need to take a real hard look as to who is minding the store!! the servier knew the home was owner occupied, something that I am sure was never communicated to their legal department, those with the attitude that we are a bunch of losers shouldn;t have the job of helping!! Loan Sharks? might be a good name for them!! Certainly at this point trying to win ones home back would be far too costly, and after all of the noise our Attorney General has made, it obviously isn;t making a difference, they continue on!
To go from 620 to 174 is a real red flag for predatory loan. If your bank is one of the settlement banks or you qualify for indpendent audit I believe there was a case that stopped sale since independent audit is required before foreclosing. Definitely need a lawyer but you should file complaints w/ AG, Comptroller etc. If you need a QWR I could send you a copy of mine and hopefullt give you a hand though not legal advice, if you leave email.
ProSeWay: You are CORRECT. A Free House Argument is Not Good. Your comment indicates you didn’t read the narrative attached to the court docs awarding the free house….
Here it is again….::
http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
HammerTime: My ‘co=titleholder’ had a BK; and we STILL lost a house.
On another one: The court gave me the house FREE & CLEAR. It all depends on the case you have and HOW you deal with the courts. MY RESULTS: I “WON” my house FREE & CLEAR in COURT…!
FIRST Rule: Don’t go into court ON YOUR OWN…!!!!
Here’s How I Did It:
http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
NOT LEGAL ADVICE; Only MY Experiences….!!!!
Looks like we’re on the same page. See below.
I won my CALIFORNIA house FREE & CLEAR. Here is HOW I DID IT…!!!
http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
My advice to Homeowners:
Don’t GO to Court ALONE…!!!!
The “free house argument” is not good for anyone.
WInning the case and having the house free and clear could be a result. Not necessarily a “free house argument”. Need to avoid the “deadbeat” propaganda but be objective as well.
Great outline of foreclosure process! People in CA esp should review. Good examples of how results differ depending on case and legal assistance. Free and clear is not the goal but to hold lenders accountable when they’ve been abusive and if we haven’t received due process.
I was in foreclosure and had a sale date 10/2/11. The sale was cancelled and I didn’t know why. Went to county recorders office and saw that the bank filed a Rescission Notice of Default and Election to Sell Under The Deed of Trust. I received a notice back in July from Bank of America N A saying that BofA NA was not the owner of the note but all 2 1/2 years they were clamming to owners of it. And if I disputed this debt I needed to send them something in writing with in 30 day or they would assume that the debt was valid. So I disputed the debt! I was reading up on Fair Debt Collection Practice Act. I noticed that the law said if you dispute the debt within 30 days and ask for verification they must cease collection untill they send you verification of debt It’s been 6 months and they have not refilled notice of default. Has this happen to anyone else? I think it’s time to talk to a lawyer! Would love to have some thoughts on this if anybody knows about why would they not just postpone this? Why would they cancell?
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Jeff,
I have gone through the same exact thing with them. I have been in litigation with them for over a year. They do nothing but deny and lie. I have am finding some very interesting and clever ways that they have overcharged borrowers for things that I don’t think anyone has really looked at yet. I am fighting them pro se as no lawyer willing to help. Did you apply for a mod or did you refinance? Feel free to drop me a private email if you want: kad291@comcast.net
You may want to look at recent ruling against Wells Fargo where homeowner was awarded large sum from damages and I believe misapplying payments was a big issue. Accounting issues are more easily raised in bk it looks like. I’ll send you judgment report.
Bank of America cancelled all of its foreclosure in some states – sometimes it was using a Trustee that was not qualified, so they may have postponed the sale, just because they could not proceed. you should check the Bank of America settlement agreements with the OCC and you local state attorney general. The OCC, Office of Comptroller of he Currency, is performing an audit of a lot of these foreclosure practices.
You need to hurry and file a quick claim deed at the county recorders office, a commercial lien with the secretary of state and file it with the county recorder. I might even file a UD against them and let hem prove they have no rights to your property.
Bank of America sent me a notice in July that said this.
Fair Debt Collection Practices Act and State Law Notice.(CA)
(1) Under the federal Fair Debt Collection Practice Act and certain state laws, Bank of America , N.A.
Is considered a debt collector . Bank of America, N.A. Must provide certain information to you in order to make sure you are informed when a communication is related to debt. The purpose of this letter is therefore to provide you with information required by law, including the amount of debt.
(2) Debt Validation Notice
(a) The amount of the debt: As of July 5 2011, you owe $XXX,XXX.XX because interest and late charges, and other charges that may vary from day to day. The amount due on the day you pay may be greater. Therefore, if you pay the amount shown above, an adjustment may be necessary after we receive your payment for collection.
(b) The name of the creditor to whom the debt is owed: CIG-RESI HFI 1ST LIEN MORT
Please note that unless Bank of America. N.A. Is listed in 2(b) as the creditor of your loan, Bank of America N.A. dose not own your loan and only services your loan on behalf of your creditor, subject to the requirement and guidelines of your creditor.
(c) Unless you, within thirty (30) days after receipt of the letter, dispute the Validity of the debt or any portion of the debt, Bank of America N.A. will assume the debt in valid.
(d) If you notify Bank of America N.A. In writing, at the address provided you below within (30) day period, that the debt , or any portion thereof , is disputed, Bank of America N.A. will obtain verification of the debt and mail it to you.
(e) Upon your written request within the thirty(30) day period, Bank of America , N.A. will provide you with the name and address of the original creditor if it is different from the current creditor.
Their saying in their own letter,that their not the owners of the debt! So when I disputed the debt within thirty days of that notice. They had to cease the collections to comply with the
Fair Debt Collection Practice Act. And I think that why they filed
Rescission of Default and Election to Sell Under Deed of Trust. It’s been six month and they have not refiled the Defalt Notice. I need a good lawyer if anybody knows of one in northern CA. Bay Area please reply with your thought
Thanks
I had that happen and they sent foreclosure notice, revised auction date an additional 2 weeks, however sold at auction today, and no they didn;t send me anything!! and the lender refused any type of negotiation, and trying to save all 3 homes now losing all 3 homes, was just too exhausted and mentally incapable of fighting them, on fixed income; cannot afford legal counsel, all monies from not paying mortgage have been used for medical. I did try to contact approximately 7 for legal advice, all suggested the same thing walk away and file chapter 7; guess they new the banks were not about to help anyone; should have got off my bb and fought it myself! too depressed have contacted all government/am sure they just believe whatever the lenders tell them, if you are not just a single homeowner with children, lower income, hud is a complete waste of time, in fact they will tell you that they can’t help and send you to hope, who tries but no one listens!!! have lost everything! as many have
Read this and make sure all breakables are out of reach first.
This is Likely to get to be the norm….
http://blog.alexanderhiggins.com/2012/04/13/man-locked-house-burned-death-foreclosure-eviction-shoot-cops-117971/
Does anyone have any information about a mortgage company called Select Portfolio Servicing (SPS)
I am 69 years old and co I worked for closed down in 2009 also we lost most of our retirment in the market was behind on payments and trying to work out with the bank. they forclosed on us and sent the house to a sheriffe sale I was in the hospital with a heart operation our attonery notified my wife at 4:00 in the afternoon sale was at 8.:00 next morning we could stop it with $30000 cash to the bank by 5:00 we had the money but time ran out and bank would not wait other day. they have refused to work with us at all I belive they will make money off the place someone will sheriffe sent notice to be out by the 4/23/12 Does anyone have a angle to postpone them longer I am back to work and could get it paid off with a little more time.
Will need more info to come up w/ approach but focus of course on stopping eviction.
An approach can be to send demand letter to lender and trustee to stop eviction since it is a wrongful foreclosure and back it up with information you put together. Definitely get a lawyer I’d say since you have funds to avoid making a bad deal w/ bank in my opinion, not legal advice.
If you are in settlement state or not in Kansas I guess you could call their “settlement” number and make complaints to your attorney general and federal department of justice and others dealing w/ settlement. I’ll post list later. Good luck!
http://www.nationalmortgagesettlement.com/help
http://www.hopenow.com/
for you who needs more time; call the hope hot line or whatever it is called, call the ftc, call the govenors office, call the aigs office, if in california call fienstiens office, send a letter to the President, easier if you just send the same letter too all, then you must fib and tell them that you prefer a short sell to a foreclosure, since this will take a while, you will now have the time to hustle some cash, and then pray real hard that the reality sets in, when they see just what the appraisal is for your home, maybe if you keep praying real hard they will offer a modification, be very careful what you wish for, I was offered one 3 yrs ago elated, only to have numerous medical issues prevail, and even though it was in writing that they would assist after 2 yrs perfect payments, after 3 yrs perfect payments, and sending all paperwork in for seven months, they refused, defaulted, refused even a short sell, Good luck too you!
Bank Transfer Day sent banks a message that consumers have had enough. Yet, banks don’t seem to be to worried over 600,000+ customers taking their business to community banks and Credit Unions with an 11% overall drop in 2011. So, I feel, Exposing the Bad Banks across the Internet and launching a Bank Transfer Day, Ditch Your Bank, Dump Your Bank on the first day of each quarter will send them an even stronger message that if you F*** with us, the consumer, we will bring you down.
On our web site, http://www.exposebadbanks dot com we expose all the dirty deeds we can muster regarding the corrupt policies of not only the top tier banks, but from every bank on our list and any bank referred to us. We are glad to see sites like http://www.4closurefraud . com as well exposing these corrupt banks and policies.
What banks don’t want home owners to know is that they actually make a huge profit on foreclosures which is why so many home owners including us, have not been able to get our bank to modify our mortgage to a lower interest rate. The way the laws are written, it was more beneficial for them to foreclose than to modify.
These crooked Banksters need to know, we the people are not going to take this crap from them anymore and we will continue the pressure to downsize any crooked bank until it changes back to the founding principals of community based services or they will continue to decline.
Credit Unions are community based financial institutions and growing more in one month’s time then they did in all of 2011. They generally offer better interest rates, no fees or lower fees, home loans lower than banks, 100% increase in customer service, pleasant people to work with and more. Show your bank the door, while opening a new door with your Credit Union. IMO, You won’t be sorry you did.
Rocketman
We are fighting 2 foreclosures w/ Bank of America and some other non registered organization BAC etc. They have contacted my renters with copies of the paperwork on the Foreclosure and advised them to put their rent in an escrow account (like they are going to do that). Is this legal for t hem to do this? any recourse?
In CA tenants are supposed to pay rent under lease agreement unless title changes hands.
I’m dealing w/ similar tactics in CA. City has a program which is triggered by complaints to enter program where large percentage of rent can be “administered” by force. Mysterious complaint on my property after late QWR response and approaching settlement. New tactic to pit renters against landlords in foreclosure?
Some actually abusive landlords have challenged on search and seizure I believe. But mom and pop landlords? Ridiculous. I’m trying to focus on local government role and this can show they are working in bank’s interest at bureaucracy level if not policy wise and ignoring citizen’s and homeowner interest.
2 homes one short sell, the other rented, tenant given cash 4 keys even though current/home just forclosed today, was central mortgage/fixed 3yrs ago, only to go up 500 a mo. is federal loan, refused any assistance, goal was to take back; be very careful with your so called modifications, if the loan isn;t fixed for 30 don;t bother; owning more than one home? my rental property, rented out rooms when I moved back in to save home, all 3 tenants one at a time, unbeknownst to me were given cash for keys/ 30 day notice, all had been given their deposits back/ one was there for 7 months and wasn;t charged anything! locked out, in all 3 different occasions tenants were given cash for keys, now in last home, auction 192,000 was looking at $600,000? wanted rate adjustment, wanted to stay in my home!! senior citizen fixed income, good luck working with the banks
hamerTime: your question tells me U are going to ‘lose’ your house. In CA courts ProSe folks are ‘shown the door’. If you have a good case, you’ll still need a good attorney and good auditor. (I know, I’ve lost ‘2’ houses already and am battling on ‘3’ others. “1” i prevailed ‘free & clear’). These are the best I’ve found: Atorney Jason Estavillo (650-983-3001) and Auditor Lawrence Axuncion (650-355-8873). I am NOT being paid to tell you this; they are just GOOD at keeping folks houses…. If you call, tell them ‘Kris’ sent ya… The NOTS must be delivered in the proper manner: BUT the sale date will CHANGE and you will NOT GET NOTICE of this, and they’ll ‘steal’ the house with a quick Trustee Sale (ask me how i know..!!!???) Again, an attorney and auditor know how to ‘monitor’ this and they can’t get away with it… Being right/wrong is NOT good enough, you have to PROVE IT IN COURT…!!!! Do NOT go on this alone…….
I’ve been able to stay out of the court quicksand until now and stopped sales etc and have a strong case it looks like. Not typical securitization though. See response below.
I’m very close if I could get over the hump but like everybody else it seems in fc am in income trap and can’t afford an attorney even though I’ve offered my services as researcher and possible information/web site collaboration but everybody wants their pound of flesh up front. No offense to the good guys out there.
Appreciate the feedback though and will make my pitch again if I haven’t already w/ Estavillo. I’ve gotten two preliminary audits that verify alot of things.
I’m trying to avoid going solo at all costs but just as it looked like I would have some options the city has joined in the fight on side of lender it seems. Or could be they think it’s an oxymoron that an evil landlord could be in foreclosure!
Could relate to the “So it begins…” post. Someone sent a crazy guy to my house to pound on the door and yell obscenities on day of hearing w/ city. Good thing I wasn’t home but neighbor warned she has a gun. That night someone drained my truck of gas. Tenant had been co-operative but now is threatening to leave because of stress of making repairs imposed by city! So income will go to zero! That’s just for starters.
If you would please send me an e-mail or call me at 941-876-4744. I work with an organization out of Jacksonville, FL that has an attorney that can do Quiet Title in every state. I use them because I
sell 6 different audits. When someone is not in my county where they can use the attorney I have for
Quiet Title I can still help them because I have an attorney that has agreed to a set Fee to do
Quiet Title in every state. If you want to learn more please e-mail me or call and ask for Kimberli or Steve.
Steven,
Thx for response. Will call on Mon. about 1 east coast. I’m in CA.
To all non judicial foreclosure viction:
There is a case in Colorado now before the Tenth Circuit Court of Appeal Challenging non judicial foreclosure in Colorado. It also may affect non judicial foreclosures across the nation. Appeal Number 11-1578. Mason L Ramsey & Judith Mae Neville vs Citibank and Citimortgage. Novel arguments.
Reuben Nieves
reuben.nieves@yahoo.com
Does anyone recall a post re “if’ in Notice of Trustee’s Sale being legal? In CA
Clause may be following:
“If the Trustee is unable to convey title for any reason…”
Thx
I DO recall that post but as I recall, the ‘if’ was regarding the default – whether or not a default was KNOWN to have occurred. It caused the statement of the default having occurred to be doubtful, versus an alleged KNOWN default.
That would make sense but I thought it referred to a specific document. Had me thinking as my first NOS in ’08 did not include the clause as I recall and it seemed to stick out like a sore thumb this time around actually in ’11.
Another question as I’m needing to get creative here. I’ve stopped minimum of 3 sales and had one rescinded. MERS records that don’t make sense etc. Latest pretender move has been sending acceleration letters. They claim they can set up sale at any time but so far nothing over two letters and about 3 months ago. Has anyone received such letters and has lender acted? Did they give any 30 day notice etc?
Hey, does the Note presented in foreclosure action have to be signed by a representative of the bank and notorized? I just notice the Note the bank attach is not signed by any representative of the bank or notorized. The note was executed in 93 but I guess no one ever notorized it. Or sign it. The mortgage is signed and notorized tho.
what has happened to I vent who enlightened many of us. I do not see any postings from her lately.
Also does anyone what has happened to Tim Bryant. Thanks.
I have been in contact with Tim and he is just busy. Also, just today, I saw a post on a site that was linked to by 4closurefraud where there was a short post by someone who signed as Ivent.
thanks Hell no more bankster bailouts.
I have been battling with 3 Servicers over the last 4 years( HomEQ, EMC and Quantum) trying to save my home.
Due to family hardship I was unable to make my full mortgage payments to HomEQ. When I was aware that I wasn’t going to be able to, I contacted them to request some assistance and was told nothing could be done as I was not late. When I became late they would not take partial payments and told me my only option was to short sell.
They sold my mortgage to EMC 6 months later. I fight with EMC for 3 months and they put me on a ‘remodification’ plan. I made payments that were about $300 less than my normal payment for 12 months. Then I get a letter saying the modification was denied and by the way you are 18 months late. OH yea and we sold your loan to Quantum.
Quantum sends me paperwork telling me my monthly payment has increased due to the escrow. Apparently EMC force placed Insurance to the tune of $13,000 for a year. Never mind that I had sent them proof of Insurance twice and that I had been paying the entire time. Quantum has not offered to talk about ‘remodification’ unless I can pay 50% of the past due. This went on for a year and quantum just started the foreclosure process at the end of 2011. I have filed chapter 13 to try and save my family home but fear I will not be able to make the payment to the trustee. I am paying on my normal mortgage and the arrears amount. The payment is double my normal monthly payment.
I do not know where to begin. I have spoken to one attorney here that says he will take my case, but I have to be able to make the payments to the trustee for at least a year. I am unable to, due to the amount.
– Do I have any recourse against EMC? If so where do I begin?
– What is this I am reading about a sworn securitization affidavit and how can it help? Where do I begin?
– I am in Mississippi, is there any one local that can help?
Look on the first page of your deed of trust for the following information:
Original date of purchase?
Who was the original lender on the loan?
Who was the Trustee?
Who is the nominee for the lender?
Who is the beneficiary ?
Have you received a notice of default?
Is there a scheduled Trustees Sale?
Have you received a 3 day notice?
Have you received an Unlawful Detainer?
What was the date of your Bankruptcy?
The very first thing I would do would be to go to your county recorders office and get copies of all of the documents under your name, nick names, spouses name, and the original lender’s name. Save yourself a few bucks and do not get certified documents. You may need them in the future if you want to stay in the fight and I suggest that you do.
Write back to me at baldandrusty@gmail.com and put Michael in Mississippi in the subject line.
Rusty
I am in the same boat, was recently hit with a foreclosure complaint, and filed the answer with the affirmative defenses and a motion to dismiss.
I agree with Rusty that you need to fight back. You just have nothing to loose if you keep a good fight for the right cause. Keep singing these famous lines from the Man of La Mancha and make yourself stronger, read cases similar to yours on , read and learn, read and learn. And of course, deny everything.
Good luck.
By the way, what is an “unlawful detainer?”
Sorry, the sight for cases is http://www.scholar.google.com
Issues with Wells Fargo’s tactics to force elderly Mother (76) in what appears to be late payments and rushed proceedings to foreclose. The issue at hand appears to be they have denied receiving payments that she has bank veriftication that payments were made. She has always paid no less than $75 over monthly mortgage fee that she was under the assumption was being applied to principle. Once she spoke with me I suggested she go through her bank ledger then speak with an account rep.
Mysteriously when the account rep from Wells Fargo called to up the pressure, Mother informed them that she had records showing where payments were received. They told her they were proceeding with foreclosure hearing and she could dispute issues at that time. She goes to hearing and it was cancelled with no reason given nor date reassignment.
My suggestion to Mother was find a lawyer, move find another lender to to take loan. Is there anything additional she can do as their reps are very abrasive. She has been greatly distressed and probably would have accepted their allegations of her mortgage being grossly in arrears had she not spoke with me.
We just found out our mortgage is signed by a Youda Crain and a Srbul Muradyan, with a Rene Rosales all name show up as Robo Signature. We are dealing with Bank of America. If anyone else has these names please send me a copy of the signatures and I will do the same. Also What is our next step we have a court hearing coming up in May. Any help would be greatly appricated.
Court hearing for the Unlawful Detainer? Did you file a response “answer” to the complaint?
Dear friends, many thank from me.
Thank you for massege boards. l say that l need funds from you now.
lam camper, promblems fancing me now is funds only.
Thank you for support me now.
Bereko from Tanzania.
This advice all sounds good, but without an AUDIT or an ATTORNEY, you will be outwitted and have your complaint whittled to a ‘nub’ before you ever get to trial and/or will go trial WITHOUT critical evidence. I have been through several attorneys and auditors who were ‘worthless’. If you’re in California, call Atty Jason Estavillo (510-982-3001) for Auditor Lawrence Asuncion (650-355-8873). These are the only ‘2’ I have found that have experience and credentials. Going to trial WITHOUT these folks will ensure you LOSE your house. If you call, tell ’em Chris sent ya (PS: I am NOT being paid to tell you this; they are just ‘good’…!!!) I am using them in ‘3’ cases now and we are ‘winning’….
A) Look it up in your states Rules of Civil Procedure, or Appellate Procedure, depending what court you are in.
B) In most states ThomsonWest and/or Lexus publish detailed annotated guides to the Rules of Civil Procedure. Most lawyers have them and most lawyers pay the subscription for the current years book.
If you have a pet attorny, butter them up and see if you can get their PRIOR editions of the book(s). While they may not be stamped 2012 the law, for most things, does not change much year to year, and the fundamental principles explained in the books stay mostly intact.
You did good, you found a lawyer to help you. Now do better and find one who knows civil procedure and specializes in foreclosure defense.
My house was in foreclosure for 2 1/2 years. I have been going back and fourth with the bank asking them to prove that they were the party of interest on my note and to prove it. To make a long story short I had a sell date of 10/12/11 and the sale was cancelled. I didn’t hear anything for months so went to the county and saw that they filed a Rescission Notice of Default and Election to sell Under Deed of Trust. So my question is now what do I do?
No idea, but it is STRONGLY SUGGESTED that people say what CITY and STATE you are in when posting a question. The law and local resources will vary from location to location. The law varies from State to State, and resources for defending a foreclosure vary depending on where you live. In small states a good lawyer or legal aid may cover most of the state, in larger states it is common for legal practice to be localized.
Good massege From Rev andrew john shebiw. Now now l say that my friends why up to now it is not support me funds what your prombems? l say from now l need now funds from you because my life le very denger now.
please please support me now
my Account no is 5751110117.
Account Name is Andrew john Shebiw.
Swift code EXTNTZTZ.
Bank Namr is Rxim Bank in Tanga Branch in Tanzania.
1. My loan was an A-paper loan with B of A but they sold servicing to SPS
2. I live in CA where FC is very quick and SPS referred my loan to an attorney for FC on 3/28/11
3. I’ve read on msg boards that SPS screws people over re: mods all the time by setting them up on “trial” payment plans then decline them at a later date even though SPS knows right up front that you wouldn’t qualify for a mod on the trial terms. I spoke to SPS yesterday and they set me up on a PITI trial at $3025 but I’m in an interest only at 2.5% with a payment of $2200 plus taxes $650 and insurance $104. How can the “trial” payment be realistic because the proposed P&I payment would be the same as my interest payment now?
4. The investor on my loan is US Bank. I know the pool is modifiable because I had a non-HAMP mod in early 2010. My loan won’t fit HAMP guidelines because the principal exceeds HAMP rules.
5. I think I might qualify for an FHA negative equity refi but I’ve heard my investor very likely isn’t participating because they have nothing to gain due to the fact the loan was A-paper
I am filing a Motion for Reconsideration regarding the Judge’s initial denial my question regarding standing of the evil bank 🙂 I am not sure what points to make because the judge seems really overwhelmed with the issues I have brought up. I am in New Mexico and we are way behind most of you.
The issues I have regarding standing are (1) my loan has been securitized, (2) there are several breaks in the chain of title such as there being no documented movement of my note and mortgage assignment from my initial lender to the FDIC as a ‘trustee’ as noted on . . . . wait for it . . . (3) the robosigned assignment of mortgage where all 3 sigs are robosigned. Another point would be the issue of Jurisdiciton Diversity but the judge is not allowing that either and I was informed that most likely because I was served initially about 10 months ago, it is very unlikely I can have my case moved to a federal court anyway.
Thoughts???
Thank you everyone!!!
Gari
Gari, You’re behind the ‘8 ball’ as a ProSe litigant in court. Judges ‘roll their eyes’ when they see one coming and would rather deal with attorneys. When you plead ‘show me the (securitized) note’, the court says ‘we’ll show you the door’. Just the way it is…. You MUST have a strong attorney OR an expert witness who can give you CREDENTIALS in the courtroom. Without these, you’ll lose…. [ASK me how i KNOW] I am using ‘Lawrence Axuncion’ for my securitziation audit AND he can testify in court [if needed]. This is PRICELESS as most of these type folks will only work WITH an attorney. Give him a call: (650) 355-8873. (I know he HAS helped win house FREE & CLEAR; albeit no-one can guarantee that) If he CANNOT help you, he may be able to refer you to someone in your area. (PS: I am NOT being paid to tell you this. He is just GOOD at what he does..!!!) Tell him Kris sent ya…
Goi – I totally get what you are saying except that I am one of those on the fence – my house is worth so little ($135k +/- $15,000) that I fall into that group of folks who really cannot afford an attorney. It just breaks my heart how many folks are in my situation and have no idea how to fight, much less money to afford an attorney. I sat in court two weeks ago and watch poor person after poor person have their homes taken away and just begged for mercy which got them nothing but a synpathetic nod from the judge. What a system it is. Thank you for the number as I am willing to be open but am still paying off my attorney regarding my custody battle this year which though I was ‘right’ and i ‘won’ cost me dearly in more ways than one.
I deeply appreciate you response here and promise to consider it.
gari
p.s. The Plaintiff’s Attorney did waive around something during the hearing that he said was the original title but he did not hand it to me to view. How can he have that if my note was securitized?
(The Mortgage Assignment from the ‘trustee’ FDIC to plaintiff has a pooling number as well as an investor number so it seems that it truly has been securitized)
gari
goi,
i just spoke with lawrence and he was very helpful but can you give him a jingle and confirm that you referred me? you can also contact me directly at 505-750-2151 or my email if that is helpful.
Gari
Just be aware that under your states Rules of Civil Procedure, you may only have a few days for a motion for reconsideration and a few more if appealing the order. Depending on what court you are in, and what rules of Procedure apply it could be 10 days or 15 days for reconsideration and up to 30 days for an interim appeal of a non-final order – but be warned, local rules apply and the deadlines tend to be hard. Your state deadlines are probably diffrent than mine.
I filed it yesterday and that was 10 days from the date of the hearing. I had an attorney look it up for me but even he wasn’t sure so he said 10 days would be best. How can this be so complicated that an attorney isn’t even sure of the procedures?!?!
Gari
New Mexico
Laura Hall- try http://gingolaw.com/default.aspx
This may not be the place to ask but I have a mortgage with BOA, originally a Countrywide loan that is in trouble. I have a first and a second balloon and the balloon is due May 1st and no one will refinance me on it for 22k. I am current on my payments and have a good job to pay it but it is a second home for me as it was my original family home. BOA has a program???? Any ideas?
Because it is a second home, you may have a very hard time justifying assistance.
Need advice!! I am currently selling my house in Texas and am relocating to Orlando, Florida. After my sale, I will have just over 100,000 in equity to purchase a new home. I have heard so many horror stories about the Florida housing market but the houses still look relatively cheap. Reports say another housing market crash is coming so ldont know if I should wait to buy and rent for now? Any advice would be helpful
Stay away from foreclosures. Chances are good that it doesn’t have marketable title. That may bite you in the butt.
I have searched the records and have found that the lender I am paying my mortgage to has not recorded the assignment when the original lender sold the loans to them. I am told that in Florida that means I qualify for the lender to be stricken and a quiet title action taken. I have called several real estate attorneys in the St. Augustine area today and no one has called me back. I would like to have an attorney nearby – do you have anyone in your group that can help me? My home is in St. Johns County. I own my own business and times have been very hard – I can’t afford an expensive attorney. Thanks.
Hey, does anyone know any good document examiners in the Ohio area. I really need to get one to examine the note presented in my case. I fso post it on here and I will contact you. Many blessing to everyone fighting these crooks.
You need a sworn securitization affidavit as well.Please contact me if I may be of help.propertyrightslawgrp,com. The bank will surely have one, you must also!
Does anyone on here know what the status is with the Marshall Watson office in FL and the Fannie Mae investigation? He is handling the sale of a foreclosure (former bank president that defrauded consumers was orginal owner) in FL that we bid and were succesful on, only to have him later say that he got a better offer AFTER it went off the market…… Something is shadey about this guy,
Has anyone seen this about the “chicken man” of roswell?? All I can say is WOW!!
http://www.ajc.com/news/north-fulton/home-of-roswell-chicken-1398695.html?cxtype=rss_news
Fighting in Florida,
I had a securitization and title search analysis done on my foreclosure about two years ago for about $1,000 and it is sitting on the shelve collecting dust because at the time an affidavit(another $750) was not offered or included. I still cannot get an overpayment of $380 back from them.
I have since join this group, http://www.afnetwork.org that has an in house person that is able to do securitization searchs with an affidavit attached for around $750. Some companies searches are done for that price or more but, the important part is to get an affidavit included.
Florida has a lot of good attorneys and foreclosure advocacy groups. N.J. is the pits when it comes to advocacy groups and attorneys and that is why our group is going to change that around. We have members from several different states and we communicate with each other thru emails, teleconferences(audio) and soon teleconferences with video and audio which are free to members. Our group is ready to help anyone and we wish you the best.
Hi Teri-
Do you help with wrongful foreclosures?
Macy….We do the sworn affidavit and then consult with your attorney and advise him what the strategy should be. We have done this in many states, Florida included. We advise him on the winning strategies that we use that has enabled us to not lose one house.
fighting in florida. try whatliesinyourmortgage.com they have a team of auditors who do thorough securitization audits including bloomberg and will break the payments up over 3 periods and is one of the most reasonable out there. also check out gingolaw.com I hear that firm and Stopa are 2 of the better ones in Florida for foreclosure defense.
We have done a lot in Florida. We were on the Citizen Warriors radio show July 9 and Aug12 (link on our site) speaking as experts in the field from a legal and analytical perspective on securitization,. We do not just report facts, but build a defense. You must have a good case because if they could have taken the house, they would have. Please check out our site propertyrightslawgrp.com
We do sworn affidavits analyzing the chain, securitization and building the evidence getting ready for a suit for quiet title and coach your attorney,if you are not one of our clients.
We have been fighting since 2006 in the courts. We have not completed a securitization process yet. Who normally does these? Has anyone had one done? What are the approximate cost to have this completed?
Macy, 99.9% are wrongful(fraudulent) foreclosure. What is it that you’re looking for ? Are you in foreclosure ? What state ? There’s plenty of help available on the websites, just state a starting point and the rest of the info will follow. If no response, try our group at http://www.afnetwork.org. click on membership@afnetwork.org for initial contact and email Ari or John. You don’t have to signup for membership for contact.
Hello All-
Does anyone have any information on a wrongful foreclosure, websites, cases, groups, webinars, recorded calls- etc.?
We had a Mortgage with RCB Bank and then they gave the servicing rights to Suntrust Mortgage and now Fannie Mae claims to be the owner of the Note, but SunTrust Mortgage name is on the NOTE. If Fannie Mae owned the NOTE would Fannie Maes name be on the note and which trust out mortgage was in? Fannie Mae has sent us letters stating they are the owner, but all the documents we have says Suntrust Mortgage is the owner. What happened to a chain of title?
The chain was broken. It was sold several times.We see this all the time in our affidavits. You have a good case for quiet Title and I can give a sworn affidavit once I examine the facts. You are paying the wrong party and to do so will not satisfy the debt. You need to fight this in court. We do this daily. Please contact me. We can work with your atty and tell him how to use the affidavit and strategize for court. Propertyrightslawgrp.com
Scotty Simpson, this is a great website that offers a lot of good info for you, your family and your case. Whether you plan to fight your case as Pro Se or with an attorney, the decision is yours. Fighting the foreclosure is your first positive step and this website offers plenty of good advice. I’m also in foreclosure and also a member of Anti Foreclosure Network, http://www.afnetwork.org, and we have weekly teleconferences and monthly meetings, and a person that provides securitizations searches with affidavits attached. We’re working on teleconferences(video & audio) for out of state members, free, If we can help, contact Ari of John thru the director membership email. You don’t have to sign up to just contact them, it’s just an email.
To: Teri Pettit: please email me about your ‘sworn affiavits’: goi group at gmail.
THX
we are propertyrightslawgrp dot com
Gio, we have a foreclosure advocacy group in New Jersey that has members from several different states. Within the group, we have a person that does securitization searches with an affidavit attached. If interested, you may contact Ari or John thru http://www.afnetwork.org. You have to (for now)click on the membership director to send an email and they will answer you right away. You don’t have to sign-up as a member. I believe you stated that you’re an attorney.
Eugene, I need help. I have been successful pro se in getting my foreclosure case dismissed in Florida due to lack of prosecution against Countrywide/BofA. It was without prejudice and has recently been “transferred” to ING for servicing. I need to quiet title and get a competent lawyer to help. Please advise.
Also i would recommend u first find out if the company foreclosing is the real lien or note holder and named on the mortgage or assigns cause alot of banks are offering loan mods and asking for a copy of ur paperwork cause they dont have one and then when they get urs now they do./
That is exactly right…we attack STANDING in court and through our affidavits…NO client of ours has lost a house yet. Do not fight for modification or delays. We never say you do not owe money, but rather not to those CLAIMING you do….Citizens Warrior radio shows from July 9 and Aug 13 we speak of this and securitization.
It all depends on whos foreclosing on u in my case the lender that foreclosed wasnt the lender on record so it was dismissed. But i do know that chase was awarded wamu in jan 08,so u can go from there also u said that the loan was sold from chase is the new company forclosing or is chase cause if chase it then they have to prove the c ompany that bought the loan asssigned the rights back to them to foreclose or else u can argue the company foreclosing isnt the holder of the note or mortagage
Hi everyone,
I am fighting a foreclosure in NY since May 2010 and I am trying to settle.
My original mortgage was with City Then was sold to WaMu. Then after FDIC, Chase took over
and started the foreclosure proceedings with the law firm Lee Anav Chunk LLP ( lawyer Michael M. Yi)
Then on November 2010 Chase sold the mortgage to SBC ( Dan Herschberg- United Servicing).
Recently I went through MERS-Fannie Mae and Freddie Mac and there is no other party involved. But
in the city register I found through ACRIS that only the assignment from City to WaMu is recorded. After WaMu
the other assignments aren’t recorded. What is my next step?
Please do get a securitization affidavit…you have a very good case for quiet title
Please do not settle for a modification, or delays…check out our radio shows that Citizen Warriors were gracious enough to allow us to speak on the importance of securitization and sworn affidavits. We want to help.
The NY courts are requiring an affidavit from the foreclosing parties that they have a valid right to foreclose (lay man’s terminology for what they have to file in your state). Make sure to dispute any such document that the opposition files since the assignments are not on record.
You need to check the NY laws on whether all the assignments HAVE to be FILED before filing the foreclosure in your state.
If they have to be filed, the foreclosure should be tossed out of court, requiring a complete ‘do-over’. (Of course plenty of cases that should have ‘do-overs’ never do because the documents do not exist.)
If they can just present them to the court, you will need any such documents examined. And, like Teri already commented, you need a securitization audit, tracking any assignments that can be found for your loan.
I do securitization/fraud SWORN AFFIDAVITS…audits are considered hearsay and usually not admissible. I give sworn expert testimony through affidavits. It is your ONLY defense to WIN. THEY come in with an AFFIDAVIT,,,you must also…..Listen to Citizen Warrior July 29 and Aug 13 shows to hear us speak on this subject and securitization.
Mike Manos,
You are getting a lot of good positive help here and I just to add our group’s help, also. We now have a person in our group that does securitization search for about $750.00 with an affidavit. Our group is based in New Jersey and we also have members from N.Y., Washington, Ca., New Mexico. We have teleconference calls on Thursday at 8:00p.m.,EST and monthly meetings. If you would like to check out the website and talk to Ari or John, they would be more than happy to help you. You don’t have to join to just talk to them. Our website is afnetwork.org and to contact Ari or John go to membership@afnetwork.org. We are all homeowners fighting foreclosures.
How can you determine if signatures (all 4 squiggles) are photo shopped?
Have a document examiner look at the document. I would blow the document up also and look for problems with the signature myself also.
I am not an expert!!!!!
If you are dealing with a paper copy …. I am not sure you could
If you are dealing with a electronic copy ….. I’m pretty sure you can
If electronic load into a photo editor and magnify til the picture is pixelated ….. a bunch of colored squares
study the area of suspicion and look for anomalies as compared to those parts of the document near the suspicious area
Best to get the best graphics artist or photo shop person you know check it out.
If you the $$ have a forgery expert check it out…… One who can testify in court
GOOD LUCK
thank you all the same adeara! hand in there. i have given up so many times and then came across something that did actually seem to help and remember the system is broken but slowly it is getting a bit better, especially if WE WORK TOGETHER. there is no way any of us can do this alone.
gari
I am in CA and my loan refi was in 2006. MERS is listed as nominee, successor…the same describ. given the the NY 9th district court, but the Ca Sec. of State suspended MERS in 2002. Can they still puppet my foreclosure or name a member of there agency too foreclose for them? Is my loan void for them being on my loan and conducting business while being suspended?
gari, I have not sent the docs I mentioned because I was told they would not help me, so I will not waste you time with those.
Folks!!! I filed the below document (see link) today and for the first time in over 200 calls that I receive daily from my bank called within less than 10 minutes of my eFiling this with the courts and said they really want to help me and know that they can modify my loan! HA – right but anyway, my hearing is Monday at 9:00 am MST and the judge granted the hearing be on Plaintiff Standing rather than on Motion for Summary Judgment so keep please give me feedback if you can add anything that you think will help me in my hearing on Monday with the bank.
http://www.scribd.com/fullscreen/86391073?access_key=key-1ymoh3b0kmyuqtpatofo
THANK YOU EVERYONE! we shall see what happens . . . .
Gari
I filed a Notice of Taking Deposition Dcues Tecum for BOA robo signer Laurie Meder. She failed to appear at the designated date and time. BOA says they cannot determine if she is an employee of BOA or not. Anyone have anthing establishing Meder as a current employee of BOA. They’re getting really desperate here folks. It’s only a matter of time. I’ll keep everyone abreast of the situation. testatime@aol.com
Thanks,
Joe
I just noted that on my bank’s complaint, they cite 12 U.S.C. § 1823(e) and case law following the U.S. Supreme Court Case entitled D’Oench, Duhme to support their claim that they ‘enjoy’ holder in due course status whether or note it satisfies the requirements of the New Mexico UCC as such.
Does this guarantee the bank standing in state district court even though they have no corporate entity in the state of New Mexico? (BOKF is based out of Tulsa, OK according to FDIC and NO corporate entity status or even close in New Mexico).
thx, g
Why can’t I file for a remand to move my case from state to federal court due to diversity of jurisdiction since the bank is not an entity in my state? if i can do this, and do it before my hearing on Monday, will this suspend that hearing in state court and/or move it to federal court?
thx!
gari
Thank you!!!!! Heading to the law library now. Wish me luck. Will definitely share whatever I find with everyone – including the 1948 above re: estoppel and then related cases on plaintiff waving right as it might apply to them being in open to consideration of the modification request while simultaneously and covertly moving the foreclosure machine ahead.
What and where is the best place for me to post the cases for others to access? (It is against the law for me to do so)?
cheers, gari
Gari, If not registered to do business in a state, there is one or two cases fairly new cases, I believe, in Arkansas. Don’t know the exact cases. hopefully someone can pinpoint it for you.
Thank you James! If I could afford council, believe me I would and yes – that does bring into question can I even afford to keep this house as it seems that I could just turn my mortgage payment over and I struggle with that. I am knee deep in attorney’s fees for my custody battle that though I won, at the onset I had to decide what was more important – keeping the house or keeping my kids safe.
So, here I am trying to save the house now and wanting to pay all I owe but the banks of course want it yesterday and I am no genie. I am trying to make it to the law school today to get copies of the relevant cases I need. Where can I post what I get in a way that best serves /is available to others?
Thx! Gari
@ Gari,
Post on Scribd. Then put the link to the post in a comment here.
Best of luck!
Here is the language I had in my original Motion to Delay Hearing of Summary Judgment (and yes I did get some free direction). Let me know if you want any of this posted as well as I am not currently sure what is readily available for free online and what I will need to actually pull by hand yet from the UNM law library.
Plaintiff’s actions, by accepting the Defendant’s application for a modification could be viewed as a waiver of the foreclosure proceedings. The Plaintiff’s actions could also be viewed so as to create a situation where the Plaintiff should be equitably estopped from foreclosing on the property until the adequacy or accuracy of the modification program compliance could be shown. Finally, Plaintiff may be in breach of fiduciary duties owed to the Defendant, precluding summary judgment at this time.
‘Waiver’ is the intentional abandonment or relinquishment of a known right. An intention to waive a right is ordinarily a question of fact. Chavez v. Gomez, 77 N.M. 341, 423 P.2d 31 (1967). In the present matter, the Plaintiff agreed to allow Defendant to apply for a loan modification.
‘Estoppel’ is the preclusion, by acts or conduct, from asserting a right which might otherwise have existed, to the detriment and prejudice of another, who, in reliance on such acts and conduct, has acted thereon. Miller v. Phoenix Assur. Co., Limited, of London, 52 N.M. 68, 191 P.2d 993 (1948). New Mexico case law requires some showing of reliance on the part of the other party, in this case, St. Paul, before estoppel is applied against the party making a claim. See Design Professionals Ins. Companies, Inc. v. St. Paul Fire & Marine Ins. Co., 1997-NMCA-049, 123 N.M. 398, 403, 940 P.2d 1193, 1198. In this case, Defendant absolutely relied upon Plaintiff to fairly and accurately perform the modification of her loan. Plaintiff is in the business of home loans. Defendant is not. Plaintiff was under a duty to fairly and accurately perform the modification process.
T
got it and will post on Scribed and put link here!
gari
Has anyone had luck with the Estoppel regarding the bank suggesting and then granting a review for modification while simultaneously (and somewhat covertly) moving forward with foreclosure? here is a case that was shared with me: Miller v. Phoenix Assur. Co., Limited, of London, 52 N.M. 68, 191P.2d 993 (1948). I am located in New Mexico.
Also, does anyone have knowledge about jurisdiction regarding the bank suing in a state court but not being recognized by the state as an entity (corporate entity)?
Thank you,
Gari
With regard to bringing an action in state court – state laws vary – In Florida an out of state corporation can be forced to place a non-resident cost bond before proceeding. In general, the body of the complaint should state who the Plaintiff is, xyz cop. incorporated in abc state. This is an issue of capacity to sue, and would be clanged by a lawyer at the outset of the case. Often a failure to correctly challenge capacity at the start of an action will waive the issue. That is why you need competent foreclosure counsel.
The estoppel argument is an interesting one. I could not find the text of the case you cited on line. If you have it and it is relevant to foreclosure in the state of NM then I suggest you post the text online somewhere: For if it helps you it helps others. Also if a good NM attorny then uses it successfully in a foreclosure case your chances of prevailing on the same issue with the same case law increase, especially if before the same judge.
Fight the good fight, challenge everything!
Yes I did an qwr and I got the contact log and the payment history. The don’t have payment history before 1994, I saw were the contacted Fidelity Default Services on the contact log. I guess anyone can file a copy of a doc in Ohio because we have contested the this and the magistrate has ruled that they it is a copy of a bearer note and I guess good enough for him. It is not a certified copy the copies of the note I pulled from the Clerk of Courts office are certified copies and there are no endoresements on these note. Yes we plan to subpoena the person who suppose to have signed the doc a MARTIN J. WIESS VICE PRESIDENT OF PROVIDENT BANK. Yes, we tried to depose the custodian and still are fighting for that even though she signed an affidavit in the case. We believe she does not exist or does not work for the bank. They have been fighting hard not to let us depose her. (Teresa S. Clopp). In an copy of a note is good enough to foreclose even when challenge. Attorney is fighting but is learning like I am. We are about to file more motions.
all connections to Fidelity smells of FRAUD.
e
EVEN AFTER
ASTORIA FEDERAL S AND L ADMITTED IN nysc THAT THEY NEVER OWNED MY TWO nyc cONDOS WHEN THEIR PREVIOUS CORRUPT DEBT COLLECTOR ATTORNEYS MULLOOLY, JEFFREY ROONEY & FLYNN AUCTIONED THEM OFF, frank malone of Fidelity Title and his partner in crime David K Fiveson of a sham company he calls CORONET Title paid a bribe to Judge Alice Schlesinger to remain in possession of my properties with FORGED DEEDS they insured.
did you do qwr’s, debt validations, etc? whose endorsement signature is in question? what are the civil procedures regarding foreclosure and having the notes filed along with the foreclosure action- do they have to be original or certified copy? anyone can go out and make a copy of something- what are the rules regarding verification of submitted documents? have you looked into an audit? who is the custodian of your note and mortgage? I will keep back to you when i have been able to look at your case. it sounds to me that they have committed so many violations- i hope your attorney is being a fighter in your best interest. is there any assignment? if your note was securitized all of these docs would have had to be in the trust by the closing date which is one of the reasson why an audit is so important. does your attorney plan to subpoena who ever signed that endorsement? have you considered trust violations?
sorry for all the questions but these are some of the things you should be asking your attorney and it would help everyone here as well to have the answers. : )
Macy,
Do you do audits? If so, how can I reach you? I am interested in starting a quiet title action and believe I have most of those items in my file.
I am in Maryland.
Thanks for any help or information to point me in the right direction.
Read the case from start to finish please, and tell me what you think macy.
Oh, it is not an certified copy just a copy they filed with the complaint. Note was supposedly endorsed in 1993 however, I had foreclosure cases in 1993 and 1997 that were dismissed. When I pulled the copy of the complaint with the copy of the note there was no endorsement on these note from 1993. We are still trying to get a look at the supposed original doc.
No I have not had an doc. examiner exmane it the note yet because the bank has refused to let my lawyer see the document. I know the endorsemnt is fake because I pull a copy of the foreclosure cases I had in 1996 and 1997 and the no endorsement on the notes filed in each case and the bank is claiming the note was endorsed in 1993. We plan to have an doc examiner look at the note as soon as the bank will let us see the actual document. Two year of discovery and they still have not produced the document.
FightinginOhio- tried to follow your link but once I got to the site I wasn’t sure where to go from there. There was one search engine but it required name, etc. is there a link I should click once I am on the site link you provided to enter your case #?
Hi- found it. : )
Hey everyone. First I want to thank Lisa Epstien for this site and foreclosurehamlet. I have been fighting a foreclosure case in Montgomery County, Ohio for two years now. Case # 2010cv05946. You can pull the case up on this link. http://www.clerk.co.montgomery.oh.us/legal/records.cfm. I have been fighting a good battle against these crooks. The bank has used every trick they can believe me. But the reason I am so upset now is that the magistrate in my case has been doing everything in his power to help the bank. I just found out the judge in my case is out with terminal cancer so the magistrate has been pulling all the strings. I have filed many motions and now have hired an attorney who seems to know little more than I do, however we have proven the bank is not the holde/owner or the note. Now the bank has admitted they are servicers of the note after 2 years and the magistrate still refuse to dismiss this fraud the bank is trying to pull off. The have robbed me of $6400 with a fake modification/ mediation process now are trying to take my home with a fake endorsement on a copy of a note. WOW!!! I would be in jail by now. Anyway you guy can look at any motion I have filed and use them to your advantage. I am still fighting so their will be more. KEEP UP THE GOOD FIGHT!!!
Is it a certified true copy? how do you know that it is a fake endorsement? did you have a certified doc. examiner examine it and give you affidavits to the fact? If it is a fake endorsement be it a certified copy or not- and you can prove forgery- then the servicer and possibly even the opposing counsel who may have deemed themselves to be a debt collector- wouldn’t they have committed mail fraud? fraud upon the court and public record? have you had a securitization audit done?
FYI the banks are already introducing documents and affidavits giving the authority to others to use the stamps of michele sjolander and the judges are buyng it Unfortunately they ignore or nap when up on the bench and favor the banks bank rolling their future I had several variations of laurie meder and michele sjolanders signatures and a lawyer that knows her stuff and we still lost and now the journey ends and Im moving on so I wont have to endure this pain of not knowing where my family will go,I now have a plan and Im moving on and keeping my family safe from harms way
Deep down I knew that this was going to happen and its happening now and Im glad its over good luck
adeara: I read ‘number 5’ and don’t understand what your argument is with this code section. U must put it into intelligible argumentative format (ie: pleading) that LEADS the judge to a decision…. If this is difficult to you; GET AN ATTORNEY…. I use Jason: 510 982 3001. He is GOOD if you are in California…. He may offer a referral. my experience is good attorney will refer other good ones….. Tell Em Kris sent ya……. Also; GET and AUDIT from a compentent auditor…. THIS is a CRITICAL document leading up to litigation….
adeara: my EM is goigroup at Gmail. Look forward to hearing from you….
gari, You’re talking about a transfer of a deed (or note). Examining the docs for proper sigs, stamps and dates is important. GET AN AUDIT. (I suggest Lawrence IF you’re in California) 650 355 8873 (Tell Em Kris sent ya…)
He can also help you with attorneys AND understanding WHAT docs can HELP your case….
These steps are IMPORTANT before the bank attorney motions to EXCLUDE your findings…
Let me know what he says…
so help here please.
what exactly am i looking for when the note and assignment of mortgage have changed hands legally?
all my bank’s attorney is providing so far is the
(1) Assignment of Mortgage from Legacy Mortgage, LLC and myself to Charter Bank (dated 10/29/2008)
(2) assignment of mortgage from Charter Bank to Bank of Oklahoma (6/272010) of which all three signatures on the latter are robosigners (Bryan Bly – Vice President, Vilma Castro, Asst. Secretary, and notary Christopher Jones).
(3) A copy of the note that has a stamp on the bottom that says ‘ORIGINAL’ (but we shall see)
And what is the difference between the bank that was assigned as the servicer of my loan (Bank of Albuquerque which no longer exists as it was taken over by Wells Fargo Bank National Association though prior was a holding of Bank of Oklahoma). My modification written exchanges are with Bank of Albuquerque but their responses vary back and forth from Bank of Albquerque letterhead and envelopes to Bank of Oklahoma though they both have the exact same mailing address in Tulsa, OK.
🙂 gari
Two things I would do while working on the other stuff:
1.) Ckeck the county recorders office. Some have a printout of activity on your mortgage , follow thru
and check (my copies) each one.
2.) Check FannieMae, FreddieMac and MERS website to see if they are claiming ownership of
mortgage.
my email is garonbodor@gmail.com. ty
give me your email or see my email and contact me
Looking for anyone that needs documents notarized by Tonya Graham, Mo. and also need
copies that you may have. Also Scott Scheiner.
USDA CFR Title 7 1901.503 Definitions – (10) Insured note. Any promissory note or bond evidencing an insured loan regardless of whether it is held by FmHA or its successor agency under Public Law 103–354 in the insurance fund, by a private holder, or by FmHA or its successor agency under Public Law 103–354 as trustee.
USDA CFR Title 7 1901.503 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=1dd550f3a726a517a80e587c0c0de34b&rgn=div8&view=text&node=7:12.1.2.7.12.5.1.8&idno=7 Look at number 5 midway down at what appears to be an i but is a 1 (i) Tell it to every one don’t keep to self or charge them “you receive FREE so give FREE”
http://www.rurdev.usda.gov/SupportDocuments/1951d.pdf
hi adeara, thanx for the info above. i have been working on my case for most of the last 14 hours so my head is spinning – can you help me to get the gist of number 5, 1 (i)? i just don’t know what that means at all for us?
thank you, gari
Yes, I do have the bank in writing saying they don’t have the note. I want to ask if anyone knows of the admission by One West Bank that they had lost over have of the notes when they took over Indymac?
Good to hear from ya: I could take ‘hours’ explaining my experiences with bogus realtors, self proclaimed expert witnesses, so-called forensic auditors and dozens of attorneys who claim to ‘make the banks cry’ while they try to be a ‘dining room table lawyer’. Most attorneys won’t even take foreclosure cases because the homeowner cannot afford to pay them AND they don’t want a reputation “defending deadbeats” (I’m sure there are many other reasons). , I prevailed in ‘1’ house and have if FREE & CLEAR. My only ‘loss’ was a ProSe (self represented); [got ‘out motioned’ by bank] Calif is the TOUGHEST for the homeowner.! READ THIS: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/03/18/MNMD1NGUO6.DTL I am defending ‘9’ houses; used 4 attys; 3 auditors & bought (& ret’d) many ‘Do It Yourself’ foreclosure defense courses. ALL of these were junk. DO NOT go into court ProSe against a well financed and experienced bank attorney. You will LOSE. Hire your own ‘competent atty’; get a good auditor who has an ‘expert witness’ in their pocket. The one’s that REALLY GET IT are: Atty JASON ESTAVILLO [510-982-3001] and auditor LAWRENCE ASUNCION [650-355-8873]. All others I’ve used were ‘worthless’ (but took my $$ anyway). With these guys the bank will negotiate when they see the strength of your LEGAL TEAM, specific AUDIT, expert witness and CASE documents..! BTW: I am NOT being paid to endorse these guys. They are just GOOD…!!! (Tell Em: Kris in ‘Cally’ sent you…) Winning a house FREE & CLEAR is a LongShot. The goal is to get the bank to negotiate principal reduction, reduced rate, longer terms or cash for keys. The Pre-Emptive legal Steps you take BEFORE foreclosure starts and the motions made during discovery will determine the outcome. I’ve been through enough trials to know this. Our paralegal has TONS of data on MERS and securitizatoin. Email me if you want to know more about the resources I found and — USE….
I do agree with you on certain points but a Pro Per Plaintiff will have more latitude in front of a judge when the Pro Per demands a trial by jury of his peers who most likely will sympathize with the normal guy being beaten up by the big bad wolf, The key is to not let a biased Judge decide,
Just my thoughts.
Goi, I NEED that info can you contact me. Anyone with a Successful Lis Pendent or Quite Title Action? I am in NEED of them to use as a sample. I am in Pasadena Ca and is willing to drive to view it.
mrsbianchi@sbcglobal.net
I will send them via email. There about 2 mb each. Keep in mind I am not successful yet I can just supply you with my wording… Rusty
I have that Unclear doc and it is powerful. I also have other Exhitbit of fact, cases and law about the lending of investors money.
Does anyone have a victory in CA for a Wrongful retainer and a Quick Claim Deed that I can use for a sample? I NEED to complete my docs and get it filed tomorrow before anything they serve me right? I promise not to invade any ones private info. In return I will share some great info I forgot I had. I feel it may help out in the end phase of us all kicking the crooks in the ass.
hi adeara,
can you share this? if you need my email, just let me know! thx 🙂 i am scrambling to get ready for court, raise two school age children alone, and work about 5 jobs and court is Monday. 🙂 gari
We spoke to the Attorney that is on the Gomez case today and mailed our docs to him, but I don’t want to follow the buffalo’s running off the cliff. I feel that the UCC and the Common Law is where the Justice might come in to play.
Sounds like deja vu to me.
I agree but still collect as much evidence as possible w/o focusing only on “note” and “free house” trap they try to pull. Few years now but I stopped sale and then had sale rescinded mostly on basis of complaints to agencies and having my case be given higher priority by lender. Along with what you’re doing make a strong complaint to servicer if you were in negotiations and send to Comptroller, Fed consumer bureau and local officials. You can also make a demand letter to trustee to rescind sale possibly using bad account #’s as basis.
This one looks interesting. Haven’t reviewed.
CALIFORNIA APPEAL DECISION—IF THE NOTICE OF DEFAULT HAS THE TERMINOLOGY ‘IF ANY’ THEN IT’S VOID!
http://www.scribd.com/doc/77521475/CALIFORNIA-APPEAL-DECISION-Anolik-vs-EMC-THE-NOTICE-OF-DEFAULT-IS-VOID-IF-THE-TERM-IF-ANY-IS— USED
This is supposed to be easy http://www.stopfraud.gov/
This is more up to date and coudl be stronger now but still send to above for possibly quicker response.
http://www.scribd.com/doc/79626467/TAKE-ACTION-NOW-How-to-Get-Your-Loan-Origination-Fraud-Securitization-Issues-Related-to-Your-Foreclosure-to-the-New-Fraud-Task-Force
Bill of Rights: 4th and 7th amendment!
Just went to the recorders office to file BK and was stopped in my traces when I found they sold the property back to themselves. I called them an asked them about the 9 digit loan number on the deed of trust yet they didn’t know anything about the loan number and told me the number has never been nor do they know to whom the number belong. I gave them the 10 digit loan number we were paying on and they pulled up info on our property, yet they foreclosed under the 9 digit loan number that is on the deed of trust. I recorded the conversation with the Supervisor and he stated “I don’t know what to tell you”
I am so agree with these crooks. Any more advise on strategic moves to buy time? Also does anyone know how to use a Commercial lien against them? We had one filed last year against them and the property but my help can’t really tell me how to use it at this time.
I wish I could save everybody but obviously I cant. What I can do though and anybody else looking for answers is send you my court documents and the order in which you should file motions and lawsuits. Have you been served with the Unlawful Detainer yet?
email me the dates of the following: Notice of default, Trustees Sale, Substitution of Trustee and the Unlawful Detainer court date.
Let it be known that I am not an attorney by any means, I’m just sharing my personal un-redacted information.
Best wishes to your family,
rusty.can@verizon.net
If you don’t get a response, go to http://www.afnetwork.org and click on the membership email icon( you don’t have to register) and send an email to Ari and he may be able to help you or will know someone who will. Name your state. This guy is good.
In November of 2011, I started the process for a traditional short sale. Like so many other Americans I was laid off from my job and have had a hard time securing employment. It has been almost two years. My property is in California and I live in New York City. I knew I was going to run into a problem and had contacted the bank a year ahead of time but was continually told that I had to be 90 days behind on my payments before they would consider helping me. So I continued to run through my savings and pay the mortgage until September of 2011.
Like I said I started the short sale process in November. A week ago (March 10, 2012) I was told that the bank was doing the wrong short sale. Instead of doing a traditional short sale they were conducting a HAFA short sale, for which I am not eligible. They told me I would need to start the process over again. But since January of 2012, they have also been working on foreclosing on the property.
They ordered someone to break into my home, steal the appliances, and empty the pool. They have tried to make it seem like my agent or myself had not been communicating with them but we have been on top of everything, every step of the way. I have written to the CEO’s office from Bank of America and someone did contact me but they never told me that they were working on a foreclosure but that they wanted me to start the process of the short sale over again.
I’m at my wits end with them and I’m not sure what else I can do. I understand if you fall behind on your mortgage they bank will need to either conduct a short sale or foreclose on the property. But I’ve never heard of them doing both at the same time. Is this common practice? Is there an agency I can speak to that can help me, other than hiring a lawyer (which I cannot afford)?
I feel that I have done everything that they’ve asked and yet I find myself in this predicament. I’m frustrated!
Rusty. I am also in CA. Email me when you can…. I prevailed on ‘1’ house and battling on others…
am very interested in speaking with you. Are the defendant in Northern CA who was successful in the Unlawful Detainer action? My email is is rusty.can@verizon.net in case it doesn’t show up. Thanks for contacting me.
In reponse to Diane:
I have a stamped endorsement by Laurie Meder that appears so disingenuous that the court characterized it a “a copy and paste job. ” The signature was so small as to be hardly legible. If anyone wants a copy of has a similar stamped endorsement, please contact Joe @ testatime@aol.com. I hope to depose Laurie next week.
WRONG ! WRONG ! WRONG ! WRONG ! WRONG! WRONG !
The judges were wrong, the courts were wrong, the regulators were wrong the politicians were wrong, and now the government is wrong. It would be wrong for us to just give in. We have just started .
I have never been on your site before. I was brought here by Yahweh to see the info that is posted on here thus far and I want to THANK YOU ALL for being so honest and giving of the issues because many of the ? I had as well. My home was sold back to the back this last pass friday, but nothing has been recorded in LA cty Rec’s yet. I JUST found that the notary “Stacey F. Jones was witness and a part in fraud by allowing the agents of these banks to ROBO sign on the NOD, SUD. OF TRUSTEE, ASS. OF DEED OF TRUST, AND THE NOS. I mailed them 2 qwr’s and they refuse to send the info I request, but they did state that they “didn’t have the note for my home, but they don’t need it to sell my home.” Lastly, the loan # on the Trust and the loan # I was paying on is different and Indy or Deutsche, or the title company know why or where the number comes from. They all deny ownership of the loan # on the Trust yet they auctioned my house off to themselves for $200 least than what’s owed. Please suggest what to do RIGHT NOW to protect my family from being evicted and to regain a deed ?
If you are in Los Angeles, CA, File a Chapter 13 or maybe a Chapter 7 Bankrutcy BEFORE the documents from the sale are filed with the county recorder’s office. If you can’t find an attorney to get it filed on Monday morning, then get busy filing the ‘skeletal’ contents of a BK right away on Monday morning. The documents you need can be found online.
Print the forms out. You do not have to file all the schedules, or the PLAN, when you do the initial filing. You DO need to work up your list of creditors. You need to list your house and there are columns for indicating the debt is disputed, etc. I think there may be 3 different columns that you can check of that indicate a disputed debt, etc. In fact, you may want to list the house on the “UNSECURED DEBT” schedule because with the securitization, frequently the debt is no longer really secured by the house, regardless of the foreclosure occurring. From the sounds of it, your case is likely to fit this.
GET GOING WITH THAT FILING. Look up the Salizar case heard by Margaret M Mann in Southern District BK Court in CA.
You will need to pay $15 for a certificate of financial counseling as part of the package. I’ll try to put the link in here for the cheapest place I know of to get it. (I do not get any payment for this, it is not my link.) http://www.ypside.com
If you do not have the full filing fee available tomorrow, you can split the fee into two payments. There is another form for that. Ask the clerks at the BK court case submission window for the form if you can’t find it. You will need to bring cash for the filing fee.
DO NOT DELAY IN FILING. While you can not get the money back if you dismiss the case, getting the BK filed immediately will be you best chance of fighting to get your house back and, meanwhile the BK STAY will keep you from being evicted. If the opposition requests a lift of stay, You will need to get an objection filed. Also, you will be filing an adversarial case with the BK court.
Good Luck, GET GOING!
Thanks for the help, but I was too late they sold it to themselves on 3/9 and files it on 3/15 with LA CTY. They funny thing is, if the Trustee is in Texas, signed in Texas, how did it get to and from and filed in 3 days? I mailed docs to the Recorder 3 months ago and they are still not filed. They said they are still being processed. The debt amount listed on the sale doc is $49K more than what the allege is owed. Should I do a Quite Title now? I am a mess today. Don’t want to be homeless with a 5 and 8 yr old.
Keep an eye on my progress. I am 4 months into it and 4 months ahead of you and still live on MY property. I an dealing with the same crooks you are. I will be posting my entire unredacted legal battle this week. I hope it will help many families in our situations .
Rusty, When you say you are 4 months ahead, what do you mean as I am trying to keep track of people who are ahead of me. I have my hearing for summary judgment next Monday which I am trying to force the issue of lack of standing in and wonder how others have done with this. So far it seems like we the consumer are held to the letter of the law but not the banks. Interesting.
Also, has anyone heard of and/or tried to use The Doctrine of Unclean Hands? I found out about this on a website to assist those fighting foreclosure regarding robosigning and/or any issue that clouds the title (ie. MERS). I am pasting it down below and really need to see if there is any case law out there on this so far or any additional info folks have or can find.
I can only paste a little at a time so here is the first part:
The Doctrine of Unclean Hands provides: plaintiff’s misconduct in the matter before the court makes his hands “unclean” and he may not hold with them the pristine remedy of injunctive relief. The unclean hands rule requires that the Plaintiff not cheat, and behave fairly. The plaintiff must come into court with clean hands, and keep them clean, or he or she will be denied relief, regardless of the merits of the claim. Whether the doctrine applies is a question of fact.
Robo Signed Documents Are Intended for Use in Bankruptcy Court Matters. One majorly overlooked facet is the extremely active bankruptcy court proceedings, where, just as in judicial foreclosure states, the banks must prove “standing” to proceed with a foreclosure. If they are not signed by persons with the requisite knowledge, affidavits submitted in bankruptcy court proceedings such as objections to a plan and Relief from Stays are perjured. The documents in support are often falsified evidence. Conclusion
Verified eviction complaints, perjured motions for summary judgment, and all other eviction paperwork after robo signed non judicial foreclosures are illegal and void. The paperwork its
Keep an eye on my progress. I am 4 months into it and 4 months ahead of you and still live on MY property. I an dealing with the same crooks you are. I will be posting my entire unredacted legal battle this week. I hope it will help many families in our situations .
g,
You are right on track with the Unclean Hands Doctrine. I researched that last week and it is great angle after a Quiet Title Action. The so-called lender Deutsche Bank has offered a settlement three times now. I did accept the settlement in the Unlawful Detainer because I knew I would lose anyway since we are in Non-Judicial State (CA). I simply settled for 60 days but since I filed my Quiet Title Action a week before the Unlawful Detainer judgement the Quiet Title Action is still on the docket. Now its the ex-parte tomorrow morning demanding a Temporary Restraining Order be placed on the Unlawful Detainer until my Quiet Title Action can be heard in the unlimited civil court. After the Quiet Title lawsuit is over I will be filing under the Unclean Hands Doctrine to sue again for punitive damages. Read this article taken from the attorneys website representing Deutsche Bank. You’ll see it is a solicitation to help the lenders fight the people who are demanding their Constitutional rights. http://www.mileslegal.com/docs/UTA-Article-Rich-Bauer.pdf
Adeara,
A decision recently was published, but I’m not sure which state, that held that a mortgage without the note is unenforceable. It had to do with being unable to ascertain material terms of the note with the mortgage alone. If you don’t know of this case and you need it, let me know and I’ll find it for you. Also, the often-cited Carpenter v Longan held that enforcing the mortgage without the note is a nullity. Google those two names and you will find the decision. The decision is very old but still relevant.
I hope you have it in writing or recording that they don’t have the note, but they don’t need it to sell your house. The UCC very CLEARLY states that the person entitled to enforce MUST be in possession of the instrument, and it defines its use of the word instrument as negotiable instrument. In the case of a lost note, the UCC requires the party claiming to be entitled to enforce the note to have been in possession of the instrument at the time it was lost. Thin air of nothingness is not a negotiable instrument a party can indorse and deliver.
If I were in your shoes, I would file a suit for wrongful foreclosure. Some are getting very high settlement amounts for wrongful foreclosure.
After a 3 year battle with the banks and MERS, I have come to the unbelievable reality that “NONE OF THIS MATTERS WHATSOEVER”….We are the educated group that is standing up to these crooks by taking them into the United States courts seeking justice because we have uncovered the fraudulent, robo signing illegal manner in which the banks and MERS are operating.!! It doesn’t matter….Truth is not the issue and just because you dug into the securitization and can “prove” the bank does not own your home in order to take it…it just doesn’t matter! The power of the Treasury has given orders to the FBI, the IRS, the District Attorney, the Attorney Generals, the OCC, the CFPB the COURTS & Judges and what other agencies were ever created to protect the American people from crooks to DO NOTHING!! Sit in any Courtroom in this country and watch your rights being abused. There is NO JUSTICE and no agency is doing anything but taking your Complaints and advising you to contacy HUD…or MAKING HOMES AFFORDABLE…I have sent all the above agencies the fraud, robo signing evedince and not one will do anything about it!!
With that said, I realize so many on this site are all helping one and other to go this way or go that way…none of it matters!! There is no Justice and there is no help to stop these crooks!
My suggestion is to cut a deal with the bank for a settlement…stop thinking millions, think thousands…take their money and get your lives back!! Something bad is happening and we don’t have the knowledge to stop it…so, get out of their ballpark, take whatever you can and start over…they have won…they have convinced the “powers” that they are too big to fail so we are falling instead. Live in your homes as long as you can and save those payments for yourselves.
My fight is finally over and I am moving forward as best as I can with the money I settled for. It’s not right but I truly believe…it is the only way out of our homeowners hell.
So I have a hearing on March 26th where the bank is asking for summary judgement and I am saying they do not have standing for the title was robosigned to them from my initial loan holder. I have an FHA loan but do not qualify for HAMP as they massage the numbers their way everytime AND they have no intention of reducing my interest rate or principal which is the only way I can afford to stay in the underwater very old home but I am a single mom so I am trying.
Ultimately I will probably lose with the robosigning thing though it might buy me some more time. I am now hearing about asking for a settlement and do not really know how to go about that or what my chances are. Can someone point me in the right direction here as to whether it is worth pursuing? I am 19 months behind now and my plan is if all else fails to just do bankruptcy right before the sale though the house is my only late/outstanding debt as I do not have credit card debt or anything of that nature.
Thank you!
Gari
Has anyone filed or considered filing Criminal complaints, investigations, etc. and if so with who?
Unfortunatly, when you contact any IRS, FBI, SHERIFF, OCC, DA, AG etc…all the entities we believe are the enforcers of the Rights we believed would protect us, they do nothing! None of them will do anything…What is happening is CRIMINAL (think Bernie Madoff) but the Justice Department is protecting the banks and MERS allowing them to steal homes they don’t own and the Judges are signing off on it!!
Try filing a criminal complaint…they won’t even take it or consider it!
It’s sad but true, we have been lied to our entire lives about the rights and freedoms of America…we are nothing but slaves and the only way to fight it is to join hands and refuse to pay taxes!! It cannot be done by a few, it must be done by all…that will make a difference, instead, we are receiving 1099 forms from the banks in order for the government to collect even more taxes from us…WE ARE IDIOT’S and we are fighting the wrong battle…
i have filed several Motions ie. ex-partes, TROs and demanded a trial by Jury in the Unlawful Detainer Case. I am now the plaintiff suing the service-r and the so-called lender in a Quiet Title Action here in CA. I am currently serving subpoenas on the robo-signers and notaries within my documents. After I get my property back in my name I will have already filed the (UCL) Unlawful Competition Lawsuit and receive the punitive damages that I am entitled to. I cannot stress enough that anyone in my situation read the UCC regulations. It will blow your mind! Also read the Trustees websites ie http://www.unitedtrustees.com/ and see what they are paranoid about you finding out…. I am a happy blue collar worker and a high school drop-out so don’t even think that I may be smarter than you. I have read more in the last 2 months than i have read my entire life. GET MAD and NEVER give up!!!!
what sections of the UCC are you using, Who are the crooks you are fighting against,what court did you file in and where do you live here in Ca?
Maybe we can help each other. We are in LA near Pasadena, our crooks are Indy, MERS, Deutsche, Ndex West, LSI Title, and Equity Title. I have ROBO SIGNERS WITH Notary Public who witnessed the fraud. I plan to file Commercial liens on everyone involved.
Adeara & Rusty. You are in CALIFORNIA. You MUST get an attorney BEFORE they OUTWIT you with case law and motions. **** California courts; “Judges here will say somebody’s owed a debt and this is the only creditor in this room asking to foreclose on the property, and we’ll give it to them,” said attorney Tiffany Norman of TRN Law Associates, a San Francisco firm specializing in wrongful-foreclosure cases. Kent Qian, staff attorney with the National Housing Law Project in San Francisco, “California courts have not been receptive to cases that allege the wrong party foreclosed, there was fraud in different assignments (transfers of the mortgage) or (bank employees) didn’t have any idea what they were signing,” he said. Gomes vs. Countrywide, ” said you cannot (sue) to contest whether the right person has initiated the foreclosure sale until AFTER the foreclosure.” Gomes said: MERS’ has right to foreclose, California Supreme Court; it declined to hear the appeal. Courts often say a former homeowner “must tender the full amount of the loan to even assert their claim after the foreclosure sale,” One argument that has persuaded some California judges to let cases proceed is backdating of records – banks that sent a notice of default to kick off a foreclosure and only afterward filed backdated documents purporting to show they had the right to do so. biggest barriers for homeowners turns out to be the definition of “mortgage.” But nowadays, almost no home in California is secured with a mortgage; now we use a deed of trust. Calvo vs. HSBC Bank, said enders must record the transfer before they can foreclose does not apply to deeds of trust. Bankruptcy courts require lenders to show that they hold the note and are authorized to foreclose.” net result is just a few months’ pause before a foreclosure continues. But sometimes the lenders can’t produce the right paperwork. I’ve WON and LOST some of my houses…. ‘3’ are ‘ongoing’ now…
Nothing Ironic there…after working to steal as many poor peoples homes out from under them as possible, Price is suddenly worried about housing for the poor? As if we needed any more proof that the banksters have infiltrated and corrupted virtually every institution in America…Et tu, Habitat?
Read more here: http://obsbankwatch.blogspot.com/2012/03/former-bank-of-america-exec-joe-price.html#storylink=cpy
Has anyone seen an actual account history as maintained on servicer’s mortgage platform software? I have 3 years of entries from every department i.e., legal, foreclosure, customer service reps, borrower calls, and it is startling. Is it possible that none of the 49 attorneys general who signed off on the settlement agreement have never seen one? That would be hard to believe. Everyone should be requesting their account log. If you are trying to prove fraud, it’s in the log.
Please send me what you have on the ‘mortgage platform software’ you talked about… I DO WANT to request this…!!! goigroup at gmail
THX
Dear Pro Se,
would you share some info with us?
I just was served and need strong defenses.
Thank you.
I suggest reading the Uniform Commercial Code at http://www.law.cornell.edu/ucc/3/overview.html#PART 3
Pay special attention to Holders in Due Course. Best wishes…..
Liz – Sorry that you have been served, but I urge you to make certain you file a contested answer to the foreclosure complaint. That is essential. My reports show very clearly that I was deceived into waiting for a HAMP decision for 12 months. For example, the report shows that on one day when I called for an up-date on my request, I was told I would have to wait at least another 8 weeks for the decision. The very next day it shows that my file was sent to the foreclosure department. The report also shows that we filed a complaint with the OCC and a message went out via the platform to have the servicer send the “standard response”. The legal department/foreclosure mills put reminders on the reports of important legal deadlines. I assume that’s to keep borrowers at bay while they jammed through the foreclosure. My point is, you must request your activity reports immediately if you feel you were a victim of this type of fraud. I am in New Jersey, if I can help you in any way.
Liz – since procedures differ by state and judicial/non-judicial were you served for eviction or foreclosure sale if that makes sense.
If eviction is imminent you may want to contact moveon.org or other foreclosure activist groups that will put pressure on your lender to stop eviction and do a workout. Has worked in CA.
If you are in settlement state with one of the 5 lenders contact your Attorney General with any evidence you may have and if you have a predatory loan or servicing such as not giving you a modification if you made payments or others were given modification with same circumstances.
Possibly simpler than servicing software you can ask for a payment history through a qualified written request. This will give you some idea of what’s going on and if foreclosure or foreclosure amount is valid. If you see problems can be basis for demand letter to stop eviction.
There is great info at beingmiddleclass.org where you can see how others have dealt with your lender and look up ways to defend yourself and ask for help.
No kidding! Mine shows Ocwen reversing payments in June that were not made until August…putting payments into suspense until the 15th then posting them late and then charging a late fee…returning on time electronic payments and then when they are re-submitted (“late”) charging a late fee….Posting 10,000 three months in a row to the principle, etc – it is crazy – yet my regulator (NC BANKING COMMISSIONER) was like, nothing to see here, move along! They are so brazen it is breathtaking! You cannot make this stuff up…
Hammertime: I think you misunderstood. Mortgage platform software is what the servicers, mills, lps, fidelity, etc all communicate on and post account activity. It’s not software you go out and buy. Anyone can get a payment history but what you really want is the detailed report. The QWR is worth a shot, but we didn’t get anything until the court ordered the servicer to produce the documents we requested.
Thanks for the clarification prose looks like my resonses didn’t post. Whatever can help Liz the quickest is what’s needed basically. When lawyer with loan mod service requested history it was provided pretty quickly. I was looking at loan mod software actually so may have been on that track. Won’t post link if that’s what prevented post but Liz you can google it. QWR’s take more time even if lender is mandated to tespond but they have loopholes but helps in building case. How do you get the report and how quickly is it delivered?
can you send me the info as well are tell us how to retrieve
Florida Homeowner Facing Foreclosure Wins $18 Million Settlement After Fraud..
Read story below.
http://www.docstowork.com/Bankruptcy-Blog.html?entry=florida-homeowner-facing-foreclosure-wins
Hi all!
Does anybody know the status of Florida Bill HR 213? Did it pass both houses? Will Gov. Scott sign this bill?
no the bill did not pass! it was the effort of alot involved writing and calling stopped this bill. for example i lwork in pasco county florida i wrote mike fasano in fla senate that he knows his town is devistated by foreclosures and by no means should he help pass these bills . we need a mortitorium to keep the rest of the people in their homes and take care of the fraud. i told him that my note was aphotoshop signature by wels fargo and have it in writin g wells fargo put me in a stated income loan and all other frauds. so we were listen to. please check out foreclosurehamlet where you can learn and get much needed support.
THIS JUST IN
Honor system for foreclosure paperwork has led to illegal Colorado seizures, lawyer surmises
By David Migoya The Denver Post The Denver Post
Posted: 3/13/12 DenverPost.com
Thousands of Colorado homes were taken in foreclosure in recent years by banks that probably never had the right to do so because no one bothered to challenge the process, said a lawyer who worked for the state’s biggest foreclosure law firm.
Lawyers often blindly sign a document attesting that the bank they represent has the right to foreclose — allowable under Colorado law — without ever actually seeing the original loan documents, attorney Keith Gantenbein said. He worked at Castle Stawiarski, where more foreclosure cases originate than any other law firm statewide.
Gantenbein said he and other lawyers signed “tens of thousands” of documents known as statements of qualified holder. The papers certify lenders’ right to foreclose, generally with little more than an e-mail from a bank or loan servicer telling the lawyers to file the case.
“The discomfort was you had no way to verify the information they provided, and we found many bank errors, and you’re not 100 percent sure you had the right to foreclose,” Gantenbein said Monday. “It happened so frequently that there has to be a large percentage of homeowners who lost their homes to the wrong people.”
Gantenbein, 31, is expected to appear today before a state House committee taking testimony on a bill designed to end the practice and require banks to provide original loan papers before they can foreclose.
The bill, sponsored by Rep. Beth McCann, D-Denver, also would require judges to certify that foreclosing lenders have the legal right to take a property. Currently, they only attest that a homeowner is in default of a note and is not serving in the military before ordering a foreclosed home to be sold at public auction.
HB 1156 is scheduled to be heard at 1:30 p.m. today in the Economic and Business Development Committee.
Gantenbein
Hello Everyone,
I just completed my book. It’s a comprehensive e-guide showing how to file chapter 13 bankruptcy without an attorney. Sometimes attorney fees can be a barrier for people seeking bankruptcy protection, particularly chapter 13.
Chapter 13 can be useful in the foreclosure defense process and preventing a repossession. Please share the content if you find it useful. thank you.
http://www.docstowork.com/Chapter13EGuide.html
Alex Frias
Hello
In my pursuit to find the proper entity to serve notice on, I ran across some very interesting information on the California Secretary of State database. This could help a lot of people in this boat. Please refer to the links below in order. MAKE SURE THAT THEY ARE INDEED REGISTERED TO BE DOING BUSINEES IN YOUR STATE!
http://kepler.sos.ca.gov/cbs.aspx
Type in “Deutsche Bank” and it will bring up 7 entities; I was sued by the first bank listed DEUTSCHE BANK AG in the unlawful detainer action.
Take note that DEUTSCHE BANK AG ‘s California’s registration has been forfeited.
•
Suspended or Forfeited: The business entity’s powers, rights and privileges were suspended or forfeited in California 1) by the Franchise Tax Board for failure to file a return and/or failure to pay taxes, penalties, or interest; and/or 2) by the Secretary of State for failure to file the required Statement of Information and, if applicable, the required Statement by Common Interest Development Association. Information regarding the type of suspension can be obtained by ordering a status report. For information on ordering a status report, refer to Information Requests.
Entity Name: DEUTSCHE BANK AG
Entity Number: C1656031
Date Filed: 01/09/1990
Status: FORFEITED
Jurisdiction: GERMANY
Entity Address: 31 WEST 52ND ST
Entity City, State, Zip: NEW YORK NY 10019
Agent for Service of Process: ROSS A HOWARD
Agent Address: 50 CALIFORNIA ST STE 1500
Agent City, State, Zip: SAN FRANCISCO CA 94111
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=corp&group=02001-03000&file=2100-2117.1
This link is the CA Codes for doing business in California. I highlighted one of the many codes below that seem to be pertinent to my situation.
2104. Any foreign lending institution which has not qualified to do
business in this state and which engages in any of the activities
set forth in subdivision (d) of Section 191 shall be considered by
such activities to have appointed the Secretary of State as its agent
for service of process for any action arising out of any such
activities, and, on or before June 30th of each year, shall file a
statement showing the address to which any notice or process may be
sent in the manner and with the effect provided in Section 2111.
No foreign lending institution solely by reason of engaging in any
one or more of the activities set forth in subdivision (d) of
Section 191 shall be required to qualify to do business in this state
nor be subject to (a) any of the provisions of the Bank and
Corporation Tax Law (commencing with Section 23001) of the Revenue
and Taxation Code or (b) any of the provisions of this code or the
Financial Code or Insurance Code relating to qualifications for doing
or transacting business in this state or to requirements pertaining
thereto or to the effects or results of failure to qualify to do
business in this state.
anyone know any info on what to do with a Primary Residence Foreclosure related 1099-A for your income tax filing?
So-far everything I have found is confusing downright terrifying and contradictory…..
Thanks!
A 1099A? You must realize those taxes have already been paid by the investors of your securitized loan. These crooks (the lender) are trying get you to pay for something that was already paid off when your so-called loan was paid off by 100+ investors.Remember there was never any money loaned to you, your signature was simply sold off to the investors.
Rusty, even the most conservative among us sometimes gets caught up in the moment. The taxes may have been payed but it’s up to the individual to deal with a 1099 and at times these are a great asset. After the robo signer walked off with my place, i was issued a 1099 and it goes a great way towards establishing the price that the institution valued the property. I am hessitent to offer tax advise since someone may follow it to their detriment.
welcome G
MAHER SOLIMAN is a FRAUD. He is putting false information onto ScribD.
http://www.scribd.com/doc/84413378/Expert-Witness-Disclose
Please notice the’case number’. This is the case number in the Federal Court where I introduced him as an expert witness after I PAID HIM. MAHER SOLIMAN WAS DISMISSED BY THE FEDERAL JUDGE in this case for providing FALSE CREDENTIALS and NOT PROVIDING a WRITTEN NARRATIVE to the court. I can provide PROOF and a JUDGES ORDER.
HE IS A SCAMMER….
HELP!
I need to file for an ex-parte hearing for next week and I cannot figure out who or where to serve Deutsche Bank.
It turns out that Deutsche Bank’s appointed attorney is playing tricks on me by waiting until the last minute to tell me his not representing Deutsche Bank outside of the Unlawful Detainer. These crooks are unbeleivable…
Rusty
Pro Per
you can go to dept of state website for your state and look up registered rep for the bank on that website. then send your paperwork with a process server to that registered rep and get the return notarized by the process server . take the original to court with you to show the judge they were properly served.
good luck this is not legal advice. i am not an attorney . this is what I did and I can share it legaly with others.
alwyas consult with a competent licensed attorney in your state or other competent legal websites.
David
David,
You are the one that expanded my horizons beyond the court system. Your (not) legal advise enabled me to find even more credible evidence to have my unlawful detain er action opened again. I will be submitting another request for an ex-parte hearing tomorrow morning and a Motion to Quash.
Service can be made at any bank branch. (Calif Civil Code) I’d give it to a teller or loan officer….
Sites that I have found help and have helped others:
http://stayinyourhome.com
and
http://foreclosurecourtroom.com
Kepp up the fight!!!
also beingmiddleclass.org
Please spread the links..never seen by the public ! E-mails from within Countrywide..proving they knew exactly what was happening “toxic”…
http://piggybankblog.com/2012/02/28/angelo-mozilo-countrywide-emails-reveal-executives-knew-what-was-happening/
http://www.scribd.com/doc/82947585/Mozilo-E-Mails
Hello,. what happens after u get a Master Order of Dismissal whts the nxt stp in the process how do u find out if it was a with or without preduice dismissal
i want to add that i have been reading some posts on other websites and there is still folks out there that do not understand what we do. that there was origination fraud, that servicers are just that servicers they do not own these loans, securitization fail, tax fraud, insurance fraud. these people think that document fraud is ok. they still think some of us chose not to pay the mortgage. why dont the people of our great nation know that we have all been swindled some how. wells fargo lost our paper work, put us in a mod higher then the original mortgage, told us not pay our mortgage to re apply for hamp loan and the denied to put in writing for us . found out during this time 2009-present that i did not have the conventional mortgage with the fix rate it is a predatory loan becuase they put us in a stated income loan but sent a letter stating this but tried make it seem like it was ok to forge my salary. i presented pay check stubs and 2 years of w2 forms as requested. how do these crooks get away this stuff? now of course wells fargo is trying to foreclose but they have been my servicer and i have no assignments attached to the foreclosure complaint. then the note they forged my signature. the pen used to sign the “mortgage” was darker and the title company typed my middle initial which i used when i signed the mortgage and probably the original note. the note they presented is my signature noted to be a much lighter inked pen, no middle initial and larger font. also you can see the gyrations of robo pen when signatur is examined up close. what the heck. thank god for these web sites i have counsel and am defending my home. everyone here deserves a pat on the back for educating me. I am trying to do my part. i was a food bank today and thank the people at the church for helping us and i gave them the name of all these web sites and my foreclosure hamlet name and not to leave their house until they get in touch with me. my town is being devistated by this foreclosure fraud. kids homeless living in tents. its awful. i want this to end. we did not cause this and why wont they help us.
To lies…..The truth in e-mails between countrywide execs ! Never before seen …
http://piggybankblog.com/2012/02/28/angelo-mozilo-countrywide-emails-reveal-executives-knew-what-was-happening/
I;m in almost the same spot with Wachovia as you are. When I applied for the loan through World Bank in Aug. 2006, I had no other income other than $560.00 monthly child support and a offer of employment to start in Sept. Yet they approved the loan! Now my hud advisor tells me that they servicing bank don’t really have to offer me hamp or inhouse mod. if the investor wants to foreclose. Why isn’t anyone helping thousands of victims of these corporate criminals. They pass these programs and settlements to look like they’re doing something, so with the foreclosures still growing at record numbers don’t they see that the banks need to be policed? My home isn’t underwater, I owe $53,000 and have well over $100,000 in equity and Wachovia could care less. I really not sure if I should bother reapplying for hamp with income increase.
Again this mortgage crash and the evil folks behind it are part of a mafia like group of folks. They have been protected by the government and allowed to do this. Regardless when an individual store owner has committed fraud and stole they are jailed, fined and put completely out of business.
They don’t sell their assets they are taken to pay back those they stole from. In this system these crooks are able to sell the assets that are fraudulent instead of resending the loans and those who were wronged based on loan repaid for moneys they paid back if there are massive fraud and errors in the loan. No notary present, interest rates switched, no true title search on property, fees charged multiple times for the same thing, income double in loans, or if the loans came from certain fraudsters that have a history of corruption.
Again these people are in high society and live big. Roland Arnall of Ameriquest/Argent was rewarded by George Bush becoming an Ambassador of the Netherlands after stealing & defrauding from Millions of people. There’s some question that someone else actually controlled Amerquest & Arnall was used as a highly paid front.
Many of the judges who should be drop kicking them to San Quentin seem to give them a pass. Check the home loans of these judges. Allegedly some have borrowed from the very corrupt demons that played the homeowners/ borrowers. Check your local politicians many of them borrow 2-3 times a year getting back to back home loans. This is a way to pay off folks and it never be suspected they are on THE TAKE. Keep in mind folks who appoints your judges.
This is why the crooks want certain folks in the white house & governor office.. These folks make appointments to the circuit, municipal & federal courts. Why do you think this evil has gone on so long. Clinton appointed many folks that weren’t going to do anything about this. This evil. the predatory loans started in inner city neighborhoods.
They holler folks got l”oans they couldn’t afford. There’s a new book out about this whole thing “Nutter the man behind the strings” & Deception Whose allegedly behind the mortgage crash”. These two books were real accounts of what really happened and how every detail of this was planned down to the Robo signers and selecting crooked law firms nationwide to foreclose & Fidelity National Financial buying up tons of title companies to close predatory loans. This gives the real names and folks are waking up to the truth. This thing is well documented about what really went down including where the 1st sub prime loans were given,
This wasn’t an accident and there are no “mistakes”. And sub prime is only a fraction of this “crisis”
For Mortgage Lenders, Refusal to Follow the New Jersey Fair Foreclosure Act Began on Day One
By Adam Deutsch
In the nearly five months since the state Supreme Court effectively allowed six of the country’s biggest banks to begin filing foreclosures again, attorneys and court officials have been expecting a flood of new filings to hit the courts.
Except it hasn’t happened. Foreclosure filings are down 83 percent as of October this year, compared with the same time period last year, according to court figures, and there are at least 100,000 cases either pending in the system or waiting to be submitted.
Attorneys involved in the work in New Jersey point to at least one reason for the significant delay: a court case that has reached the state Supreme Court, with oral arguments on Wednesday.
The case, US Bank National Association v. Guillaume, is important because the court is asked to determine who must be named as a point of contact on the document that initiates the foreclosure process, known as the Notice of Intent to Foreclose. The state Fair Foreclosure Act requires identifying the lender and its contact information. But because the original lender has often bundled and sold the loans to investors, the current lender lists the servicer, a third party that collects monthly payments and dispurses it to the mortgage holder. In this situation, the lender’s attorney argued it was unnecessary to name his client on the notice because the servicer had been assigned the mortgage rights.
Attorneys for the homeowners, Maryse and Emilio Guillaume, said listing the servicer is not sufficient, should the homeowner want to work out a solution and stay in the house, and any foreclosure judgment without the lender having been named should be voided.
The Fair Foreclosure Act defines the lender as “any person, corporation or other entity which makes or holds a residential mortgage and any person, corporation or other entity to which such residential mortgage is assigned.”
Should the court side with the homeowners and determine what remedy must be made, it could affect pending or completed foreclosures and possibly change the process going forward, said Linda Fisher, a Seton Hall Law School professor who works closely with foreclosure cases at the school’s Center for Social Justice.
“The most immediate reason it’s such a big deal right now in New Jersey,” Fisher said, “is that there are over 100,000 foreclosures either pending or waiting to be filed, and since this Notice of Intent has to be met in every single case, what has to be included in that notice is fundamentally important to the status of foreclosure actions in the state.”
The Guillaumes are still in their East Orange home pending the outcome, despite a judge signing off on the foreclosure in 2009. That decision should be dismissed because the original notice directed the Guillaumes to their servicer, America’s Servicing Co., not the trust that now holds the mortgage, US Bank National Association, said Rebecca Schore, the Guillaumes’ attorney.
“It’s becoming increasingly important to borrowers to know who the lender is who actually holds their mortgage — who is the man behind the curtain, pulling the strings,” Schore, of Legal Services of New Jersey, told the justices.
“Keeping it opaque serves no purpose,” she added. “Making it transparent gives people an opportunity to do something about it.”
Mark Melodia, who represents US Bank National Association, argued that listing the servicer was adequate because it follows the statute, as it had been assigned the mortgage rights of the lender.
“We believe it literally complied — that is, that America’s Servicing Co., the mortgage servicer, is a lender for purposes of the Fair Foreclosure Act because it is the sole holder and sole assignee of all the mortgage rights relevant to the foreclosure process and the notice of intent,” he said. “It’s the only party that is empowered to act.”
The appellate and trial courts have ruled in favor of the trust, deciding it was appropriate to list the servicer.
But in August, a separate appellate panel determined in a ruling known as “the Laks decision” that the statute requires the financial institution to name the actual mortgage holder, and if it does not, the foreclosure complaint should be dismissed. With its Guillaume decision, the Supreme Court is in effect resolving the conflict between the two appellate rulings.
The Guillaume case was expedited through the courts, but there is no deadline for a decision.
And in the meantime, foreclosure filings to the court have all but ground to a halt. There are an estimated 60,000 cases pending in the courts, according to bank figures, and more in the pipeline.
“There are tens of thousands (of complaints) that haven’t been filed, that should have been filed over the past year, that are awaiting a process that can work, because we don’t have one right now,” Melodia said.
He added, “we believe the foreclosure system is in many ways broken, and this case in this court provides an opportunity that we can fix some of these issues.”
insight: Bankers escape big penalties in FDIC failed bank cases
====================================================
http://www.reuters.com/article/2012/02/23/us-insight-bankers-idUSTRE81M1S420120223
Sleuth: You are correct about MAHER SOLIMAN being a FRAUD. I asked for a refund after getting NOTHING to help my case. He emailed back saying he was going to report me to the Department of Justice for trying to ‘manipulate and expert witness’. What BS…!!! I have already filed complaints with the DOJ and the Calif. State Attorney Generals Fraud Task Force against him. If anyone has a location, we want to serve a civil suit against him for fraud, leading to (probable) criminal charges. Anyone else can do the same:
DOJ: http://www.justice.gov/oig/FOIA/hotline.htm
CA Atty Genl Task Force: http://ag.ca.gov/contact/complaint_form.php?cmplt=CL
LAPD: (anonymous tips) https://www.tipsubmit.com/WebTips.aspx?AgencyID=365
Hopefully he will surface and be put away….
Biz Coach:
Can you please drop me a note directly at jasm.harris@yahoo.com? I think that I have a fix on Maher Soliman that might be very helpful to you.
Also, if contributor “goi” sees this note, I would like to hear from you about Maher Soliman, too. In fact, anyone with specific information about getting swindled by this con artist M. Soliman is welcome to e-mail me.
We believe that we have developed a very effective plan of attack that should result in the arrest and prosecution of the scam artist Maher Soliman. Collaboration and the provision of just a little more information should be sufficient.
Please e-mail me right away if you can help!!
Jim
James, I emailed you my phone number and have NOT heard from you. IF you are fore REAL, give me a call…. THX
Lyes!
M. Soliman is top expert witness!!!
Hear is M. Soliman sumry:
http://www.scribd.com/doc/84413378/Expert-Witness-Disclose
In this case is no-disclos aggremnt but we can tel borrower get the free hous!!
There is some interesting ongoing discussion about Maher Soliman within a dedicated thread at the MS Fraud Forum:
Who is M. Soliman?
http://ssgoldstar.websitetoolbox.com/post/Who-is-M.-Soliman-3539158
Also, it seems as if Maher Soliman recently posted some more promotional materials at Scribd:
http://www.scribd.com/collections/3524976/Maher-Soliman-Expert-Witness
Generally, I wouldn’t re-post links to fraudulent material Soliman puts up, but there are a couple of interesting things about these documents.
First, the seniors over at the Forum are just tearing Soliman up about various fraudulent representations he makes and the posted documents make for an interesting exposition.
Second, one of these documents appears to be a sworn declaration Maher Soliman made only two weeks ago in a Los Angeles Bankruptcy matter. In that declaration, he avers that his address is still the 711 South Olive Street address he was using three years ago. Either he is still at this address or he is lying to the Bankruptcy Court about his whereabouts.
Take a look at the posted document at:
http://www.scribd.com/doc/84413989/Example-Excelens-Declaration
Maybe this can help inform those looking for Soliman to serve him with either civil suit papers or to arrest him for his ongoing criminal activiity.
He has posted his ‘resume’ as an exhibit into court. The case number Is the case in which he was DISMISSED by a FEDERAL JUDGE an a PHONY EXPERT WITNESS. I have a JUDGES ORDER where she dismissed him.
MAHER SOLIMAN IS A FRAUD….!!!!
SCAM ALERT;
http://getoutofdebt.org/34556/scam-alert-beware-of-people-promising-money-from-mortgage-company-settlements
I’ve started writing a blog from my personal perspective, on my experience in California. Please feel free to share and forward, if you like it!
I would like to follow…how do I find your site ? Jaclyn in San Diego
I have been fighting corruption in Riverside and nearby counties since 2007. I actually went to Law School because I found out over the previous 2 decades “If you do not have at least $50,000 to hire and maintain a lawyer – you have no legal, human or civil rights in this country. But, instead of Law School helping me fight for my BASIC RIGHTS, my knowledge and the FACT that I have stood up for myself when my rights have been PROFOUNDLY and INSANELY VIOLATED (by notorious nut case and bully racist law enforcement personnel) the entire system – including 50 or so attorneys, 20 or so judges, and countless law enforcement personnel have personally violated the LAWS of Our Country, Their Dutys as attorneys, judges, police officers, etc. My story would shock Steven King. I have been beaten and tortured in the Orange County, Ca. woman’s jail – on video, Blatantly railroaded by 23 attorneys (Public Defenders and Prosecutors) for the CRIME I WAS THE VICTIM OF, simultateously, my 10 horses were being starved by Riverside Animal Control. So now I have personally experienced how the corrupt system works. Please check videos of us at Pro per inc – Franklin and Trea Cleaves – they were done 3 years ago. so much has happenned as you can see from blog about tarek elsayed ayoub – everything is very well documented by police reports, animal control field notes court records, photos, videos and eye witnesses. THIS IS AMERICA!!! BE VERY CAREFUL – BECUASE IF A COP OR A MALICIOUS NEIGHBOR GETS A VENDETTA AGAINST YOU – YOUR LIFE IS TAKEN AWAY AND IF YOU HAVE RESOURCES – YOU WILL — USE THEM ALL UP TRYING TO DEFEND YOUR PROPERTY, LIFE AND FREEDOM. STAND UP AND STOP THIS GESTAPO TAKEOVER OF THE UNITED STATES OF AMERICA. EMAIL ME – I AM HIDING IN SOUTHERN CALIFORNIA – FIGHTING THE CORRUPTION IT SEEMS ALONE. IT IS VERY SCARRY. WE NEED TO UNITE BECA– USE THERE ARE GOOD PEOPLE OUT THERE. BUT THEY ARE SCARED OR THEY HAVE NO CLUE ABOUT WHAT IS GOING ON.
Last week’s historic $25 billion dollar joint state-federal settlement agreement with nation’s 5 largest banks, was ticketed to bring long awaited relief to distressed homeowners at risk of foreclosure and victims of deceptive foreclosure practices that have already lost their homes.
However one week later, as details of the national mortgage settlement emerge, a question regarding the true relief the settlement agreement will have on distressed homeowners also arises..
http://www.docstowork.com/Bankruptcy-Blog.html?entry=national-mortgage-settlement-is-homeowner
Why has Wilbur Ross Jr. NY Billionaire & owner of American Home Mortgage Servicing in Texas & Florida allegedly using Robo signed documents to foreclose on homes. In June 2011 60 minutes episode showed DOCXX & Lenders Processing using these companies to produce fraudulent assignment of mortgages. Documents reveal allegedly that AHMSI had Chicago Title a subsidiary of FIDELITY NATIONAL FINANCIAL in Jacksonville, Florida to allow DOCXX & LPS employees thru a Power attorney they filed at the courthouse to allegedly deputize these employees as Vice Presidents of various mortgage companies they bought assets of. These were Ameriquest Argent, Option One owned by H & R Block tax company & Citi Residential lending.
After they were exposed documents that exsisted with the various names of Brian Bly Crystal Moore and other Robo signers found on web sites were signed on to assignment of mortgage documents and to switch trustees of mortgages. Allegedly when mortgage notes weren’t available to prove ownership or if complaints came in concerning fraud with the origination of the loan from predatory lenders such as those listed. AHMSI would file documents with the courts to foreclose. Recently many people have come together to expose this fraud. Allegedly after Ross’ company was exposed the names of his own in house employees are signing off as attorney in fact and vice president of these companies to continue the alleged deception. There is a strong paper trail on these allegations.
FNF Title then used other companies in their network 1st American Title to send this alleged fraud to the law firms to summit to judges and courts to foreclose. While 60 minutes uncovered this fraud Ross AHMSI continued to use Lenders processing to do field inspections on homes they serviced loans on. At the same time filing suit in Dallas courts stating they had been defrauded by LPS losing money. Allegedly this isn’t true. ROSS ALSO WAS using 1st American Title to do personal Power attorney for his affairs. Ross has been deceiving many folks allegedly. He knew the loans he bought were in most cases tainted problematic from phony inflated appraisals, no title reports, no notaries based on visiting with hundreds of victims, documents were in most cases dealt with at brokers offices or signed at kitchen tables in America. Most of the documents were notarized later and loan documents mailed to borrowers. Many alleged never going to a title company, yet they were notarized by someone different that took the information. Many have switched interest rates and credit
may have been checked but all folks were going to get used to maximize profits.
Many folks saw HUD FANNIE & Freddie Mac listed and were fooled thinking these loans were backed by them. This is why so many people were trusting. These names were used in every predatory loan in America. Truth in lending states 360 months at a certain fee. This was a lie. All adjustable loans will not be what is stated on the payment sheet. Why did this happen.
No one who makes example $1,200 a month would agree to an Adjustable loan that would rise to $1,500 in 4 years. This is what happened. The loan states this set fee example of $400 for $360 months. Allegedly there a ton of attorneys that saw these Robo signed documents and saw multiple people pretending to be vice president & attorney in fact for multiple companies at the same time. Allegedly Ross’ AHMSI got so desperate his own in house Florida employees such as Emmitt Wilson III allegedly signed off as a Vice President attorney in fact for Ameriquest & Citi Residential Lending. Calls made to AHMSI revealed Wilson was an employee of Ross’ AHMSI FLORIDA OFFICES and never was a VICE President for any company. Argent & Ameriquest & Citi confirmed this after document calls went to them also. Records revealed that the majority of these predatory loans were closed through Fidelity National Financial Title subsidiaries Nations, Chicago Title & Commonwealth Title. 1st American brings up the rear and sends the alleged fraudulent assignment of mortgages to local law firms to foreclose.
These assignments would make Deutsche back pass thru series the trustee of these loans. No record before the foreclosures show Deutsche Bank involvement. There are many attorneys who stated working for AHMSI they know whats going on and have made good doing this. There’s several attorneys that will tell you about this if they thought they would lose their license or join Bernie Madoff. Just get legal newspapers their names are there. This Robo signing has gone on for at least 13 years based on interviews and records Ross is allegedly fooling Wall St. you and laughing all the way to the bank. Ross must be accountable he allegedly has cost this country dearly while continuing to operate AHMSI & other companies he owns on Wall St.
THIS MORTGAGE SETTLEMENT IS THE 1ST STEP.
NEXT SOMEONE MUST BE BOLD ENOUGH TO DEAL WITH THE ATTORNEYS THAT WORKED FOR THESE FRAUDSTERS AND ALLOWED THESE FORECLOSURES TO GO OUT IN THE FORMS OF SUMMONS NATIONWIDE TO FORECLOSE. THIS GROUP IS THE ATTORNEYS ALLEGEDLY ROSS HAD PEOPLE LIKE SINGER TARPLEY & JONES LAW FIRM THAT HAVE ALLEGEDLY BEEN INVOLVED WITH FORECLOSURES FOR 13 YEARS BASED ON RECORDS & ALLEGEDLY THE VAST MAJORITY OF THEM WERE ROBO SIGNED FROM THE BEGINNING. JOHN HALTOM, BETHANY HOOD, MATTHEW CLEVERLY WHICH AN IDAHO JUDGE STATED HE WAS ALLEGEDLY COMMITTING FRAUD WITH TAINTED ASSIGNMENTS OF MORTGAGES AND OTHER NAMES ON FRAUD DIGEST. SINGER, TARPLEY & JONES WERE QUITE SKILLFUL IN PASSING OFF THOUSANDS OF THESE DOCUMENTS IN COURTS. RECORDS REVEALED NOT ONLY DID THEY SIGN OFF AS DOCUMENTS BEING VALID BUT THEIR SECRETARY/NOTARY ALLEGEDLY.
LINDA TARPLEY WAS ALSO AN ELECTION JUDGE IN KANSAS CITY. ALLEGEDLY TARPLEY HAD BEEN A TRUSTEE FOR VARIOUS PREDATORY LENDING COMPANIES BASED ON DOCUMENTS THAT WERE SEEN BY HUNDREDS OF CONCERNING CITIZENS. WILBUR ROSS JR & DAVID APPLEGATE HAVE BENEFITED FROM THIS ARRANGEMENT.
THIS LAW FIRM WAS ALSO TAKING ASSIGNMENTS OF MORTGAGES THAT WERE FILED IN COURT HO– USES WITH DOCXX & LENDERS PROCESSING EMPLOYEES BRIAN BLY & CRYSTAL MORE THAT WERE ON 60 MINUTES ROBO SIGNERS ISSUES AND NOW ACCEPTING THEM TO FORECLOSE AFTER ROSS’ OWN EMPLOYEES APPEAR ON THE DOCUMENTS & ACCEPTING THEM AS TRUE. THERE’S A PATTERN. AND DEUTSCHE BANK WAS NEVER LISTED AS TRUSTEES FOR THESE LOANS FROM ARGENT, AMERIQUEST OPTION ONE OWNED BY H & R BLOCK & CITI RESIDENTIAL LENDING.
MANY OF THE LOANS THAT THEY ARE FORECLOSING ON BORROWERS ALLEGED NEVER SEEING A NOTARY. THREE DIFFERENT SETS OF DOCUMENTS FOR 1 LOAN ALL DIFFERENT INTEREST RATES, DOCUMENTS NOTARIZED ON SATURDAY WHEN TITLE WAS CLOSED, 5 CHARGES FOR TITLE POLICIES NONE NEVER GIVEN TO BORROWERS, IN ONE LOAN, LEAVING FAMILY MEMBERS ON DEED WHICH WOULD INVALIDATE THESES LOANS, LOAN DOCUMENTS FILLED 4 WEEKS LATER AFTER PROCEEDS WERE GIVEN OUT BY A BROKER AT MORTGAGE PROFESSIONALS A COMPANY OWNED BY STEVEN HOOKS WHO IS NOW IN TEXAS. NOTARY SIGNS DOCUMENTS FILLING IN BORROWERS SIGNATURES/ CUT & PASTE. HUD FANNIE & FREDDIE MAC NAME ON DOCUMENTS TO FOOL BORROWERS THEY WERE BACKING LOAN. PHONY APPRAISALS. AHMSI RECEIVED TAPES FROM BORROWERS THAT WERE RECORDED ADMITTING THE APPRAISALS WEREN’T DONE OR THEY WERE DRIVE BY COMPS IN NEIGHBORHOODS MILES FROM THE THE HOME.
TO DO JUSTICE THE ATTORNEYS, JUDGES AND TITLE COMPANIES MUST BE MADE TO COME CLEAN AND THEN BE PUT OUT OF BUSINESS..THE ATTORNEYS JUDGES AND THE TITLE COMPANIES HAVE BEEN IGNORED IN THIS FRAUD. MILLIONS OF PEOPLE NATIONWIDE ARE NOW AWARE OF WHAT REALLY HAPPENED AND EXPECT THIS NOT TO JUST STOP AT A FEW CROOKED MORTGAGE COMPANIES. ALLEGEDLY DOCUMENTS HAVE SURFACED THAT SHOW CHICAGO TITLE PROVIDING POWER OF ATTORNEY DOCUMENTS ALLOWING LENDERS PROCESSING & DOCXX EMPLOYEES TO SIGN AS VICE PRESIDENT ATTORNEY IN FACT FOR VARIOUS BANKS, LENDERS AND AMERICAN HOME MORTGAGE SERVICING AND OTHER SERVICERS. THESE DOCUMENTS WERE ALLEGEDLY MADE POSSIBLE BY FIDELITY NATIONAL FINANCIAL TITLE AND STATE TO SEND TO BACK TO CHICAGO TITLE AFTER RECORDING THE POA.
THIS IS A SOMETHING THAT 60 MINUTES MISSED ALLEGEDLY. THEN THE ASSIGNMENT OF MORTGAGES WERE ALLEGEDLY SENT TO 1ST AMERICAN TITLE AND OTHER FNF TITLE SUBSIDIARIES TO DISPATCH OUT TO LAW FIRMS TO FORECLOSE. JUDGES ALLEGEDLY SAW THIS FRAUD OF MULTIPLE COMPANIES WITH VARIOUS FOLKS AS VICE PRESIDENT OF COMPANIES THEY NEVER WORKED FOR. Nations Chicago & commonwealth Title closed billions in predatory loans for Ocwen, Ameriquest Countrywide, Argent, Saxon Mortgage, Citi Residential Bank of America Option One & other lenders
This revelation could have a sweeping affect by the securities Exchange Commission after an investigation of Fidelity National Financial Title, Wilbur Ross Jr. & American Home Mortgage Servicing and other enterprises they operate that on the stock market. If they were working together this could be another Bernie Madoff situation. FNF Titles, William Foley II & Raymond R Quirk were making plenty not only closing millions of sub prime predatory loans based on reviews of thousands of mortgage documents but also allegedly aided the Robo signers and mortgage companies to continue the deceit. Remember the title company is the last to sign off on these documents and review information…They didn’t become #1 title company in America by playing fair allegedly.
THE NEW “NATIONAL SETTLEMENT WITH THE BANKS” WILL NOT STOP ONE FORECLOSURE
A CALL TO A NATIONAL CONFERENCE TO DEMAND A TWO YEAR NATIONAL MORATORIUM TO STOP FORECLOSURES
Saturday – March 31, 2012
Central United Methodist Church – 2nd Floor
23 E. Adams St. (at Woodward Ave.)
Detroit, Michigan
Registration: 8-9 am Conference: 9 am – 6 pm
Register at National Moratorium
In recent months, there has been a tremendous upturn in the movement against foreclosures and evictions. From New York to California the Occupy movement, unions and many community organizations have organized direct actions at people’s homes and at the banks to prevent families from being thrown out of their homes by the banksters – and the federal government which bails them out.
However, as important as these actions are, they will be not enough to stop the two million foreclosures that already are being processed and the additional 3.8 million foreclosures projected to take place over the next 2 years. Along with continuing the direct actions it’s time to raise the demand that the government place a Two Year National Moratorium to halt foreclosures and foreclosure-related evictions. A Moratorium would keep people in their homes and stabilize our communities while a long term solution to the crisis, including reducing principal to the actual value of the homes, is developed and implemented.
In the 1930’s, 25 states enacted moratoriums on foreclosures. The Michigan Moratorium Act meant that anyone facing foreclosure got an automatic 5 year stay on the foreclosure, with a judge ordering a reasonable payment based on the homeowner’s ability to pay. These laws were upheld by the U.S. Supreme Court in the case of Home Building & Loan Building Association v Blaisdell, which held that the people’s right to survive during an economic emergency superseded the contract clause of the U.S. constitution. The moratoriums were not a result of the generosity of the legislatures or the courts, but were a direct result of the actions of workers and communities flooding the streets and preventing the foreclosures that were being carried out. The legislatures and courts essentially ratified the moratoriums that were won in the streets.
The demand for a Moratorium on Foreclosures has never been more timely. Today, with the federal government owning or backing 75% of mortgage loans through Fannie Mae, Freddie Mac and HUD, and paying the banks full value for the inflated, fraudulent and predatory loans, the President has the absolute authority to implement a two year moratorium on foreclosures and foreclosure-related evictions through executive order. And the President could immediately authorize a reduction of the principal to actual market values on all mortgages owned by the federal government.
The Moratorium Now! Coalition, which has been raising the demand for a moratorium on foreclosures and challenging foreclosures and evictions in Michigan for the past five years, invites all activists to come to Detroit—the city hit hardest by the economic war on the 99%—for a one day conference on March 31, 2012. The conference will be an opportunity to share our experiences fighting foreclosures and evictions through direct actions. We will share legal strategies in challenging the banks in federal and state courts. And we will plan a campaign to raise and win the demand for a National Two Year Moratorium on Foreclosures and Foreclosure-Related evictions.
ALL OUT TO WIN A TWO-YEAR NATIONAL MORATORIUM ON FORECLOSURES
Saturday – March 31, 2012 – Detroit, Michigan
Central United Methodist Church – 2nd Floor
23 E. Adams St. (at Woodward Ave.)
Registration: 8-9 am Conference: 9 am – 6 pm
Sponsored by:
Moratorium NOW! Coalition to Stop Foreclosures, Evictions & Utility Shutoffs
5920 Second Avenue, Detroit, MI 48202 313-680-5508
moratorium@moratorium-mi.org
moratorium-mi.org
Class action complaint, filing for Washington State foreclosures by ReconTrust;
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
WENDY DOUGLAS, BIRCH ABRAHAM and DANETTE ABRAHAM, ELLEN L. ST. JOHN and MICHAEL E. ST. JOHN, DONALD H. WHITE and MELISSA D. WHITE, on behalf of themselves and others similarly situated,
Plaintiff,
v.
RECONTRUST COMPANY, N.A.
Defendants.
CASE NO. 2:11-CV-01475-RAJ
FIRST AMENDED CLASS ACTION
COMPLAINT FOR DAMAGES
COMPLAINT
Plaintiff complains of defendant and for plaintiffs various causes of action and alleges:
I. FIRST CA– USE OF ACTION
JURISDICTION, VENUE, APPLICABLE LAW,
AND CLAIMS COMMON TO THIS ACTION
1. Plaintiffs are persons residing in the State of
Washington.
2. Defendant RECONTRUST COMPANY, N.A. ( ReconTrust or
Defendant) is a for profit business entitled permitted by the U.S. Office of the Comptroller of the Currency as a nondepository, uninsured, limited-purpose national trust bank.
3. ReconTrust is a California Corporation and is wholly-owned subsidiary of Bank of America, N.A.
4. ReconTrust forecloses loans serviced by Bank of America, N.A./ and its wholly-owned subsidiary, BAC Home Loans Servicing., L.P., ReconTrust is upon information and believe wholly owned by Bank of America, N.A., Bank of America Corporation and other wholly owned subsidiaries of Bank of America Corporation as stated in the Corporate Disclosure statement on file with this court.
5. ReconTrust claims CT Corporation, 1801 West Bay Drive NW, Suite 206 Olympia, WA 98502 as its sole registered agent for service of process.
6. ReconTrust claims CT Corporation, 1801 West Bay Drive NW, Suite 206, Olympia, WA 98502 as its sole “physical presence” in the State of Washington pursuant to RCW 61.24.030 (6).
7. ReconTrust is acting as a foreclosure trustee in the State of Washington.
8. Foreclosure Trustees are responsible for conducting nonjudicial foreclosures, called trustee’s sales, in accordance with the Deed of Trust Act, RCW 61.24 et seq., and the terms of the mortgage transaction documents.
9. Foreclosure trustees must perform their duties in good faith and owe that duty to the borrower and the beneficiary, RCW 61.24.020.
10. Plaintiffs have had their homes located in the State of Washington foreclosed upon by ReconTrust and or have had title to their homes slandered by ReconTrust during the class period.
II. JURISDICTION AND VENUE
11. Plaintiffs upon information and belief are residents of the State of Washington, and property owners within the State of Washington who have had their homes foreclosed upon by RecontTrust, and or have had the title to their homes slandered/clouded by ReconTrust. (Slander of title for purposes of this litigation meaning, ReconTrust has unlawfully recorded documents clouding plaintiff’s title to property, including but not limited to, inter alia “Notice of Foreclosure,” “Trustee’s Deed”, etc.).
12. ReconTrust has engaged in the conduct set forth in this complaint in King County and elsewhere in the State of Washington, including foreclosing upon plaintiffs’ homes.
13. Jurisdiction in this Court is based upon 28 U.S.C. §§ 1332,1441, and 1446. This court also has jurisdiction over certain state law claims pursuant to this court’s supplemental jurisdiction, 28 U.S.C. § 1367.
III. SUMMARY OF CLAIMS COMMON TO THE CLASS
14. Defendant is now, and has been at all times relevant hereto, been acting as a trustee on thousand of deeds of trust throughout the State of Washington and is thus engaged in trade or commerce within the meaning of RCW 19.86.020.
15. Homeowners such as Wendy Douglas and other class members are captive to ReconTrust’s trustee services. Homeowners cannot shop around for another trustee, they cannot negotiate the cost of Recontrust’s services or the cost of the third party services ReconTrust chooses, and they cannot direct ReconTrust’s activities. This vulnerable situation is compounded for homeowners by the complexities of the foreclosure process, by the homeowners’ highly distressed financial circumstances, and the high stakes of the proceedings. Foreclosure sales are usually irreversible. Any defenses generally are only available before the sale. Because courts are not involved in foreclosures, homeowners’ only protections are the detailed procedures and requirements contained in the Deed of Trust Act, and a neutral foreclosure trustee who insures the procedures are followed to the letter of the law.
16. ReconTrust is a foreclosure trustee that has failed to comply with the procedures of the Deed of Trust Act in each and every foreclosure it has conducted since at least June 12, 2008, and it is a trustee who is wholly owned by the loan servicer seeking to foreclose.
IV. RELEVANT FACTS
17. Recontrust foreclosed upon/slandered (clouded) title to Wendy Douglas’ residence on July 22, 2011 as well as on other homes owned by members of the class, during the class period, individuals similar to Wendy Douglas.
Recontrust has failed to maintain an Office in the State of Washington as Required by Law.
18. Defendant has failed to maintain the statutorily-required physical presence in the State of Washington, with telephone service at that address. RCW 61.24.030(6).
19. By Issuing Trustee Notices, conducting trustee sales, and issuing Trustee Deeds without maintaining the required physical presence, Defendant has misrepresented its authority to issue such notices, conduct trustee sales, and issue Trustee Deeds, and further has financially damaged Wendy Douglas and other class member, similarly situated to Wendy Douglas.
20. By conducting non-judicial foreclosures, while failing to maintain a physical presence with telephone service, the defendant has unfairly:
a. Prevented homeowners from having face to face contact with their trustee.
b. Prevented homeowners from gaining response time to time sensitive foreclosure issues.
c. Prevented homeowners from homeowners from making payments in person to stop the foreclosure and insuring that payment is in fact received and acknowledged.
d. Preventing homeowners from delivering mortgage documents in person thus preventing defendant from denying receipts of such documents, which will stop a foreclosure.
e. Unlawfully clouding title to homes identified for foreclosure and sold at auction.
Breach of Fiduciary Duty: Recontrust Fails to Conduct Foreclosures as a Neutral Third Part With a Duty of Food Faith Towards the Borrower and the Lender.
21. As a trustee on deeds of trust, Defendant has a duty of good faith including a fiduciary duty to both the borrowers and the grantor on the deed of trust, as well as the beneficiary.
22. ReconTrust has breached its fiduciary duties and violated its duty of good faith and conducting trustee sales while failing to perform statutory requisites for conducting such sales as contained in the Deed of Trust Act, RCW 61.24.030 and .040.
23. ReconTrust has violated both its trustee fiduciary duties and RCW 61.24.030, by failing to maintain physical presence with telephone service at the address as required by law, thus conducting unlawful foreclosures and further engaging in unlawful and deceptive business practices by representing it had authority to conduct Nonjudicial Foreclosures in the State of Washington.
V. DAMAGES AND CLAIMS OF PLAINTIFFS
24. Plaintiff and class members have sustained common damages, including but not limited to slander of title (clouding title) by defendant, conversion of their homes/property without lawful authority by defendant, CPA damages by defendants deceptive business practice of asserting authority to foreclose on homes/property in the state the Washington.
CLASS REPRESENTATION ALLEGATIONS
25. Plaintiff re-alleges paragraphs 1 through 24 and further states:
26. . Plaintiff brings this action pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of the Proposed Class, which is defined herein.
27. Membership in the Proposed Class is so numerous as to make it impractical to bring all of the Proposed Class members before the Court. The exact number and identity of the Proposed Class is unknown; however, Plaintiff believes that there are approximately 18,600 persons in the Proposed Class with approximately 6,500 members of the Proposed Class having had their homes/property foreclosed upon by defendant. The proposed class consists of persons who have had their homes/property foreclosed upon and, or have had title to their homes slandered (clouded) by defendant since June 12, 2008. Plaintiffs are members of the Proposed Class.
28. There are numerous and substantial questions of law and fact common to the Proposed Class which control this litigation, and which predominate over any individual issues. Included within the common questions are:
Whether Defendant foreclosed on homes/property within Washington State without legal authority.
Whether defendant slandered or clouded title to homes/property foreclosed on and whether plaintiffs suffered damages as a result of clouding of title and conversion of their homes by defendant.
Whether Defendant violated the Consumer Protection Laws of the State of Washington.
Whether Plaintiff and the Proposed Class conferred non-gratuitous benefits on Defendants in the absence of a contract;
Whether Defendants retained such non-gratuitous benefits from Plaintiffs;
Whether Defendants maintenance of such non-gratuitous benefits is unjust or inequitable;
Whether Plaintiff and the Proposed Class are entitled to damages, restitution, equitable relief and other relief;
Whether foreclosure sales conducted by defendant should be voided.
The amount and nature of such relief to be awarded to plaintiffs and the Proposed Class.
29. Plaintiff’s claims are typical of the claims of the Proposed Class, and Plaintiffs has no interest adverse to the interests of the members of the Proposed Class.
30. Plaintiff will fairly and adequately protect the interests of the Proposed Class and has retained counsel experienced and competent to the prosecution of class actions and complex litigation. Plaintiffs are willing to appear at depositions, assist counsel in the prosecution of the action and subserve their own interests for those of the Class. Plaintiffs will give complete support to the vigorous prosecution of the entire Proposed Class claims.
31. Adjudications with respect to individual members of the proposed Class would, as a practical matter, be dispositive of the interests of other members of the Proposed Class who are not parties to the adjudication and may impair and impede their ability to protect their interests.
32. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. Absent a class action, the Proposed Class will continue to suffer damages and Defendants’ violations of law will proceed without remedy.
33. As a result as a result of defendants wrongful and improper conduct Washington Homeowners/Property Owners have been harmed as a result of the unauthorized foreclosures.
34. Most individual members of the Proposed Class have little ability to prosecute an individual action, due to the complexity of the issues involved in this litigation and the significant costs attendant to litigation on this scale.
35. This action will result in the orderly and expeditious administration of the Proposed Class members’ claims, economies of time, effort and expense will be fostered, and uniformity of decisions will be ensured. Defendants indicate that since June 12, 2008 the total trustee’s sale price of properties foreclosed upon exceeds $1.5 billion with an average trustee’s sale price of over $235,000.00. That ReconTrust has received over $8.4 million in trustee fees. The amount in controversy therefore exceeds the sum of $5,000,000 exclusive of interest and costs as required under 28 U.S.C. § 1332, Class Action Fairness Act (“CAFA”).
CONSUMER PROTECTION
(Violations of State Consumer Protection Statutes)
36. . Defendants have engaged in unfair competition or unfair, deceptive acts or fraudulent acts or practices in violation of Wash. Rev. Code § 19.86.010, et seq.;
PRAYER FOR RELIEF
Plaintiffs pray for the following relief:
A. Compensatory damages in an amount to be proven at the time of trial.
B. Special damages in an amount to be proven at the time of trial.
C. Consequential damages in an amount to be proven at the time of trial.
D. General damages in an amount to be proven at the time of trial.
E. For damages related to conversion of Washington homes and slander and clouding of title to those homes.
F. For all damages available under Washington Consumer Protection Laws, including punitive damages in amount allowable by statute.
G. Entry of an Order declaring all homes/property wrongfully foreclosed upon by ReconTrust as null and void.
H. That this amended complaint relate back to the time of the filing of the original complaint.
I. For attorneys fees and costs as allowed by statute.
J. For such other and further relief as this court deems just and equitable.
Dated this _13th _day of February, 2012.
/s/ Anthony M. Urie
ANTHONY M. URIE, WSBA#11711
Attorney for Plaintiff and the Class
Lead Counsel
LAW OFFICES OF ANTHONY M. URIE, PLLC
18130 Midvale Ave N Ste A
Shoreline, WA 98133-4536
(206) 542-4066
/s/Marja Starczewski
MARJA STARCZEWSKI, WSBA#26111
Attorney for Plaintiffs
Deadline Nears for Homeowners to Seek Independent Foreclosure Reviews
This week’s $25 billion dollar settlement between 49 states, the Federal Government, and the nation’s five largest banks [Ally Financial Inc., JP Morgan Chase & Co. Wells Fargo & Company, Citigroup Inc., and Bank of America Corporation] may have cast a shadow over an already existing foreclosure review mandate.
(paste below link in browser to continue reading)
http://www.docstowork.com/Bankruptcy-Blog.html?entry=deadline-nears-for-mandated-foreclosure
I am currently fighting a foreclosre case in Montgomery County Ohio. I have found out the bank (PNC Bank N. A. does not own my mortgage, filed a fraudulent note, used a robo-signer (Teresa S. Clopp) to file a fraudulent affidavit, and many other crimes. If I had committed the crimes I have proven in court that the bank has I would be in jail. The magistrate in my case refuse to rule and most of the motion I have filed and is trying to find a way to let the bank off the hook. I have done some investigating and found that they have been committing the same fraud for years. Using robo-signers Teresa Clopp, Mindy Mundy, and other funny names on documents. My case is currently in limbo with the magistrate refusing to rule. I hired a lawyer when it came time to depose the robo signer Teresa Clopp. We have subpoenaed her twice each time the bank has ignored our subpoenas. yes, the judge has let them get away with it!! So if anyone is in Ohio and reading these check your paperwork and keep fighting, I CERTAINLY WILL.
The Bank’s fraudulent actions are well documented in many State Courts, federal Courts and U.S. Attorney General Offices’ files and still nobody is stopping these banks to further victimize other people. It is a fact that for years Banks have used the so called robo-signers in fraudulent practices of foreclosure. My family and I among the many victims of Wells Fargo Bank’s fraudulent practices as, on August 8, 2011, our home was stolen from us by an act of “Fraud” by Wells Fargo Bank. Please, Go to:
http://www.change.org/petitions/the-president-of-the-united-states-to-call-for-a-full-investigation-on-wells-fargo-fraudulent-practices
And please help vote to investigate Wells Fargo’s fraudulent actions.
Thank you very much for your help!
Thomas Gage
Hi everyone,
I have a personal question.
I am based in New York and my mortgage is still under foreclosure which I am
battling from 2007 as fraud. The original note was with WaMu then after it went
bankrupt went to FDIC, then to Chase and finally Chase sold it to SBC, a hedge fund.
The note now has endorsements from WaMu to Chase to SBC. The lawyer of
SBC states that they have a power of attorney from FDIC.
My question is: Is the chain of the title broken?
Also does anyone know a good foreclosure lawyer in NYC since my lawyer isn;t
fighting hard?
Mike
Hi Mike, check the below like.
http://www.truthaboutloanmodification.net/court-stops-foreclosures-forces-loan-modification-agreements-cepersvid-41/
Tom
Hi,
I am in litigation with PNC also. I would like to coordinate with you and/or your attorneys.
Below is the text of an e-mail I sent. My PNC robo-signors are: Trisha Payton, Janet L. Deringer, and George P. Lane III .
Michael T. Pines
204 El Camino Real, Ste. 602E
Encinitas, Ca. 92024
Telephone: 760-518-5867
Facsimile: 760-301-0093
michaeltpines@gmail.com
February 4, 2012
Eddie R. Jimenez (ejimenez@piteduncan.com)
Chad L. Butler (cbutler@piteduncan.com)
Erin L. Laney (ELaney@piteduncan.com)
Pite Duncan, LLP 4375 Jutland Drive, Suite 200
P.O. Box 17933
San Diego, CA 92177-0933
Re: In Re Michael T. Pines
Case #10-00296 (RS-1)
Demand for Discovery re Motion For Relief From Stay
Dear Counsel:
I am going to serve notices of depositions initially for Trisha Payton the Declarant, Janet L. Deringer, the person who signed the “Certificate” you submitted to the court as the “Assistant Corporate Secretary of the PNC ….”, and George P. Lane III the “corporate secretary” who signed the other documents you submitted to the court. Please let me know if you will accept service by fax or e-mail. However, I am serving them regular mail on Monday, Feb. 6, 2012.
I would like to take these depositions prior to the hearing date on the motion, which is February 22, 2012. However, I can be flexible on dates and times. I also intend to video the depositions.
If they turn out to be “robo-signors” I will publish the information on the Internet. Please provide me with convenient dates and times. If they are not within a few hundred miles, I may associate counsel in the area where the work to physically attend and/or would be willing to do a telephone deposition.
Given the pending motion, your prompt attention is necessary. Please provide dates and times as soon as possible.
Sincerely,
/s/
Michael T. Pines
I have PNC and Tereasa Clopp as well, and PNC tried to sell my house on the court house steps while I was making modification payments, and had a letter from PNC that they would not sell my house!! I have done many hours of research in Montgomery county looking for signatures on assignments, etc. I would be willing to share info, send me an email jill.pirillo@gmail.com
Read the 7th amendment in the Bill of Rights. You should NOT have your case heard by a judge. DEMAND a Trial by Jury. Judges work for the government not us.
I am looking for a little assistance. While researching a case for a friend I came across some docs on Scribd posted by acfield and the profile says they are a follower of this site. The docs concern a Michele Sjolander rubber-stamping endorsements for Countrywide. If anyone knows acfield or if you have any info or docs from Michele Sjolander or Laurie Meder please drop me an e-mail vf2319@gmail.com
Thanks
Vince
Goi, thanks for the info. You implied in your first blog that Maher Soliman got thrown out of court, and then you said something entirely different in the 2nd blog…so now I’m confused.
From what I ‘ve read of Maher’s information, he has a very interesting plan of attack., albiet all the lender/servicer, depositor, feds, debt collectors, etc parties involved made it so so complicated (but don’t good crooks usually do that?).
It’s difficult for us normal people, who aren’t used to those big securitization words, GAAP rules and IRS regs to understand and comprehend.
Maybe that was your problem?
My best friend and I found that even attorneys (and for sure attorneys aren’t geniuses) don’t want to take the time to study, listen and learn. They’d rather just take the money and run till it runs out and then say, “well, if you aren’t making your payments, what do you expect?” or, “why would you want to save that house if your’e under water?” little do they realize, most of the folks DID try to make payments and were forced into foreclosure by the servicer’s ulterior motives of steal the $$, lie about a modification approval, misapply funds.
ATTNYS THEY JUST DON’T GET IT DO THEY?
I know my best friend just wants everything handed to her on a silver platte too, but Maher told her that she needs to study in order to be able to understand what really happened and not be stupid and go down the path of “they lost my note” or even call it “the loan” because he keeps saying the loan is GONE. So I’ve been helping her by us both reading and studying. She doesn’t even bother to google things on the computer. Go figure.
In response, MAHER SOLIMAN was DISQUALIFIED by a FEDERAL JUDGE for providing FALSE CREDENTIALS and NOT FILING a WRITTEN NARRATIVE per COURT RULES. I don’t know how I said anything different in any subsequent blog entries. BOTTOM LINE: he is NOT an EXPERT WITNESS and an incessant blogger who takes credit for victories of others against banks. He cannot provide any verifiable cases in which he contributed to helping a homeowner. If anyone knows his physical location, we want to serve him a summons to get him into civil court as a defendant. Hope that is definitive enough… Additionally, there are NUMEROUS others who have posted online about his status as a FRAUD…!!!
You also mentioned that ‘judges’ need to be educated. If you’re in a trial, the judge decides. If you’re using a jury, it must be intelligible. I showed his BS to ‘3’ attorneys and ‘2’ paralegals. ALL SAID ITS BULLS****T with an inconclusive argument. Here’s more online info: http://www.scribd.com/doc/81305286/Maher-Soliman-Fraud-Links
MAHER SOLIMAN is advertising on various website and blog sites he is an ‘expert witness’ for people in foreclosure
I paid him $5000 and he gave me a resume of his ‘qualifications’ and a list of foreclosure cases he had ‘testified’ in. I filed these into Federal Court to introduce him as an Expert Witness. There was a deadline for him to provide a narrative of ‘what’ he would be testifying about. He never provided it and we discovered his credentials are phony and the court case numbers were bogus. The FEDERAL JUDGE DISQUALIFIED HIM as an Expert Witness and threw him out of the case. He would not refund my money after demands. TOTAL PHONY….
I am sorry to hear about your pain with MAHER Soliman a few years back he w on talk shoe radio google it and get in touch with the show host and tell her because she was standing behind his bull fortunately I am a yankee and I beware of things that seem to goos to be true especially when being spoken a foregin language as he would try to convince people that he had this hidden knowledge that the banks were afraid of but would never speak of what it was in referance to
Im sorry for your pain,what I have found in foreclosure is to look up the court of appeal cases in your state and see what attorneys are winning cases in your state that may help you or that are similar to your circumstances some of the best legal aid attorneys are foreclosure advocates that know the ins and outs of the foreclosure mess
Hope it helped
Brian
Goi, I would very much like to see a case # for that Federal Judge case that threw him out because my best friend has been talking to Maher, too. From what he gave her to read and learn in her case with Countrywide (now B of A) it seemed like they lenders didn’t have a leg to stand on. But since he isn’t an attorney she said she has had to get an attorney to work with Maher and wants me to get my brother (who is a reputable attorney) to work with Maher…..so I’d like to see if I can head them off at the pass if he is a phony so both my brother and her don’t get burned. do you have any more particulars about what happened in court?
Simple stuff: I paid him $2500, his charge to ‘1’ case against Suntrust (xfrg loan to Chase). He took my money and provided a bunch of confusing junk. I gave it to my paralegal, who said it was junk. I gave it to my attorney, said it as junk, and then to my ‘other’ attorney (I have ‘2’ foreclosure cases ongoing), who said it was junk. Throughout the process of “I promise I’ll get you something after I reseach”, he offered to give me a narrative on my other case for ‘more money’ (CW xfrg to BofA case). Again, nothing but junk provided. I set up a mediation meeting with the Bank Asset Manager and their attorney, provided him the date/time/location of the meeting to ‘call in’ and negotiate with me. He agreed, but then did NOT call back (we called him 6x over a 2 hour period during the negotiation). I have several other (junk) items to provide and have contacted the DOJ and CA Attorney General.
Yeah, same experience with fee paid to Maher and only gobbledygook write-ups were provided by Maher. The crap could not be used by the attorney. I know of several others who got the same junk. He claimed he could file a whistle-blower case that we would get a share of. He never filed one to my knowledge. He kept claiming he needed to find a law firm that would represent him. Other whistle-blowers have managed to have insider cases heard already in the meanwhile.
Do not waste your TIME or your MONEY on Maher.
BTW, the gobbledygook he produces has chunks lifted from other peoples’ work that is available on the web. He makes a botched job of trying to slam the content together. It could even be that he is simply using a website ‘scraping’ tool.
I am also looking for information about Maher E. Soliman. I have information to exchange or share.
Can you furnish a copy of the resume he gave to you?
Here is what he gave me. NONE OF IT COULD BE VERIFIED. The case numbers don’t even match the numbering format in the courts that were called. When I questioned him about some of these, he said they were ‘gagged’ by the court, and he couldn’t give out details. (BS….!)
L Lopez: $50,000 /
Out of Court settlement
M Ramirez: $20,000 /Out of Court
Out of Court settlement / Offer
E Fanning: $25,000 / 120 Days Stay from Eviction
Out of Court settlement / Offer
Case Number: MCV202430
Matter: HSBC Bank vs. Lewis’
Trial: Judgment for Defendants
Court: Superior Court Napa / Santa Rosa
Judge: Gary Nadler
Case Number: 09Q00025
Matter: Wells Fargo Bank NA as Trustee Vs Goines, T
Trial: Judgment for Defendants
Court: Superior Court of CA / Los Angeles
Judge:
Case Number: O Munoz Offer Standing to Reduce Principal Balance
Matter Bank of America Vs. O Munoz
Trial Settlement $530,000 Out of Court
Hearing: Immediate Stay from Enforcement of Writ
Note: From $780,000 to $250,000 (four spate writs of attachments)
Case Number: Hp 08u01401
Matter U S Bank Nat Assoc. Vs Araujo
Trial: Judgment for Plaintiffs
Court: Superior Court of Ca Los Angeles
Judge: Daniel Lowenthal
Hearing: Motion to Quash Service
Case Number Ps08-2028
Matter: La Salle Bank Vs Spicer
Trial: Unlawful Detainer
Won Home at $1million
Court: Superior Court Of Contra Costa
Commissioner: Lowell Richards
Case Number Ps08-2028
Matter: First Franklin V. H Henderson
Settlement: $500,000 Mortgage Reduced
Court: Superior Court of Contra Costa
Case Number: Withdrawn For Out of Court Settlement
Judge: N/A
————————————————————————————————————
Case Number: UDFS900217
Matter: Matter: Bank of New York Vs Medina
Trial: Motion: Defendant – Set Aside Judgment
Court: Court: County Of San Bernardino
Judge:
Case Number: CV 09-00885 JFW JTLX
Matter: Deutsche Bank vs. K Russell
Trial: Court Trial Unlawful Detainer
Court: Superior Court Of Ca Santa Monica Div
Judge:
Case Number: 08u17459
Matter: WAMU Vs Sutherland
Trial: Immediate Stay from Enforcement of Writ
Court: Superior Court of Ca / Los Angels
Judge: William Dodson
There is some interesting discussion about this Maher Soliman at the MS Fraud Forum within a discussion thread with subject “Who Is M. Soliman?”.
A couple of Forum regulars have really started to take this scam artist apart there. Soliman appears several times within the thread posting various rebuttals, but the regulars always tear him to shreads.
More recently, he seems to be using various shills or phony assumed names to post his responses. They still tear him up.
Maher Soliman is a fraud and a swindler. It is not merely a matter of his incompetence as an expert witness. Rather, he is a liar with no credibiity whatsoever, who preys upon distressed borrowers. He has a prior history of fraud and essentially no meaningful mortgage industry expereince, except as a swindler. Anyone who pays this man a dime is absolutely out of their mind.
I am searching for an attorney or group of attorneys that fight for the homewoner in the State of MD any suggestions??
Unfortunately, none in too many states and not enough in all states. They all want to represent the too big to fail banks. BoA has spent more than my house costs on not one, not two, not three but four law firms fighting me as one little pro se person. That’s how badly they want the house. It’s all too crazy for belief.
hello
it is all about economics. it has bee alleged in lawsuits against the banks in mississippi and other states that the banks are making huge profits from the bets against you to default on your mortgage. kentuckyforeclosuredefense.com talks about this in its brief filed against the banks in federal court in lexington ky. ms mckeever is the reponssible attorney. I have talked to her. the bottom line is that the banks make about ten times what your mortgage amount is when they take possession after foreclosure. and the law firms allegedly share in the profits. I am suing the banks for this practice under my fair housing act suit in HUD in region ten in seattle. as discriminatory under fair housing act of 1964 u.s.c 49 c.f.r. 150-200 .
they make more money on the foreclosure than to keep you in your home. this was all figured out by the banks before you even got your loan. in other words you were setup to fail allegedly. all of this is illegal but no one is complaining to their state and federal reps and senators. no one knows about this.
so if you mortgage is 100,000 dollars they make 1,000,000 on foreclosing from the derivatives and synthetic derivatives and hedge bets against you when you are foreclosed on. on to p of that they probably have your mortgage payments in the past or now going into their pockets under the veil of loss mitigation and paying their attorney fees out of your mortgage payments.
it is more complicated that this but that is the short overview.
please sign my petition to sechud donovan in washington a member of obama’s cabinet to stop these practices and shut them all down.
best regards please ask your friends and contacts to sign as well.
David
http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
The notes , separate from the mortgage, may be hypothecated, bundled, sold, several times making additional lenders potentially a claimant against the same defendant. A note is a financial instrument and as such can be sold.
A servicing lender may have the mortgage but not the note. They won’t tell the defendant. This is an ongoing crime for which the state AG’s ought to be suing the lenders on behalf of the citizens.
Today there are competent attorneys in almost every state that are working with homeowners, even reopening closed cases, and sending these vermin running. It is sad that one section of society (MainStreet) has to fight to get the other section (Wall Street) to downsize, but if that is what it takes so be it.
Everyone unite and fight these “Greedy Bastards”
http://www.amazon.com/Greedy-Bastards-Corporate-Communists-Banksters/dp/1451642229
Does anyone have the site for a Foreclosure Trial and Sale in a Georgia Federal District case involving Bank of America and BAC fka Countrywide Home Loans? It also mentions Judges misconduct..
I have read most of these posts and none of them address the credit default swaps and bets and hedges owned by the banks that they cash in when a loan defaults and they take possession.
it is estimated that this amount of money is ten to one hundred times the mortgage amount and these bets and cds’s as they are called are owned allegedly by your lender and servicers.
we homeowners need to see the forest from the trees.
we are focused on our homes, the banks and servicers are focused on cashing in on trillions of dollars of credit default swaps. there is no regulation of this market by the states or the feds.
we all need to wake up. I have a petition before HUD SEC DONOVAN to ban this practice because it allegedly violates the Fair Housing Act of 1964 and 1986. I also have a civil rights case before SECHUD DONOVAN and believe me it is causing a big stir in HUD and my lender servicer. they just wrote me a new first trust loan that I didnt even apply for. so now I have two first trust allegedly first trust predatory loans.
I am not even allowed to know my mortgage balance and have no mortgage statements for either of the two first trust loans for the last previous 12 months from now to equal 24 missing mortgage statements. guess who my lender is. they foreclosed on 5,000 military familes and got fined $ 52 million by the feds for violating the service members civil relief act.
best regards
David
A.A., B.A., M.B.A., C.D.P., D.B.A.Candidate(Pending), DAVPRM(DOD), D.O.D./V.A./S.S.A. 100% Permanent and Total Disabled U.S. Navy/Cold War/Vietnam Era Veteran by VA & SSA(Adjudicated) DAVPRM E3/Midshipman, USNR/USN, USNA ’69, Annapolis, Md. National Security Agency, Ft. Meade, Md. ’63-’65, U.S.S. Drum SS 228, Silent Service, DE-680 Destroyer Escort, U.S.S. Loeser. Permanent Life Member of Disabled American Veterans & Vietnam Veterans of America, Member Uniformed Services Disabled and Retirees Veterans Association, http://www.usdr.org, Member of Veterans of Foreign Wars. In memory of Lt. Orrin F. Black, U.S.N. Retired & Deceased, WWII Combat Veteran Battle of Atlantic, U.S.N.A. class of ’31, Annapolis Md. (70199), Cdr. Richard O. Black, U.S.N. (ret & deceased) Class of ’57 U.S.N.A. Annapolis, MD. Vietnam ERA and Cold War Veteran, Sgt J.D. Black, U.S. Army/USAR Iraqi Freedom Combat Veteran, First Command Master Chief of the Navy Dilbert Black, E-10, U.S.Navy (retired, deceased), U.S. Supreme Court Justice Hugo Black, who taught me in his famous SCOTUS decisions and a distant cousin of mine, as a minority, Cherokee Indian and Disabled Veteran, studying and reading the law to become a lawyer in Virginia, about civil rights for EVERYBODY in the U.S.A.
http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
@david the problem about the cds’s is no one knows about them unless you are awake and have researched this for over 2 years. but if you are new at this hole situation there is no way to no any thing. we were left clueless throughout our lives about secutitization. there is a great analogy for cds’s in a you tube video called the zeigeist addendum. its about knowing your neighbors son in a pyro maniac so you buy fire insurance on your neighbors house give the kid the lighter. the house burns down and you collect. i live in florida wells fargo was my originator and became my sevicer somewhere unknown until i called in 2009 for help (loan closed in 2006) all of a sudden they are my servicer they dont own my loan and the investor did not apporve my hamp loan. i found all my mortgage paper work and noted the mortgage broker lied about my income. an amout that i would not notice but witha job loss would make it difficult to afford this house. in writing i have that wells fargo motgage broker put us in a sated income loan??? even though i have 19 years as an RN with were so high no one would get approved fo rmortgages and besides they were selling the loans so they were not losing anything. how sad for homeowners to find this out now. i sent paycheck stubs and 2 years of w2 forms yet was placed in a stated income loan because i did not qualify fo rhtis house. oh to bad for me there were 2500 homes for dale in this florida county i am sure i could have found a home that i could afford. i had perfect credit in the 760’s my husband was unemployed we were moving from south florida to tampa bay area so my husband get have employment. we did not ask to put right in the middle of this fraudclosure mess. i was extremley ready. the lis was filed 12/16 signed with the lawyer a few days later 12/23 and i was served 12/27. in the foreclosure complaint was my “note” the signiture was 2 fonts bigger then the signature on the mortgage. the signiture does not containe my middle intial where one can see my name typed with my middle initial and i signed the mortgage with my middle initial why a few seconds before or after would my signiture change so dramatically. then the note is endorsed with the rubber satmp signiture of joan m mills from wells fargo. how can a family be tossed right into the middle of this and be at risk for losing their home. wells fargo told us that to apply for a hamp loan we had to stop paying our mortgage how can a bankl you have a contract with and are trying to foreclose on you tell you to break the contract by not paying the mortgage. doesnt that null and void the contract.
hello
please sign my petition to Obama and SECHUD Shawn Donovan to stop all this fraud by these servicers and lenders. they are making money of this. up to ten times our mortgage amounts from derivates and hedge bets against us that we will default on our loans. all of this in my view in my cmplaint to hud in regin ten in seattle is a aviolatio of the fair housing act of 1964 and it provides restitution to we homeowners. I must be right because HUD is really giving me a hard time to see an Administrative law judge in hud about m ycase.
best regards
please click link below and sign electronically my petition.
http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
i signed the petition we can get this lawsuit through. this is just a horrible crime played on us. the new thing is that they changed the BK laws and deficiency judgement laws in time for this bubble to burst. i know alot of people who are short saling this year to escape a DEFICIENCY JUDGEMENT. this is terrible we did not ask for any of this to happen. so they take all the jobs, so we cant pay bills and need a bk, they try and steal our homes. TRY this chick aint letting anyone take my home. forged note and endorsement. wells fargo was hoping i was one of the unkowing i am not. the knowing peopel know this is all a scam. loans designed to fail. so sad my kids do not deserve this. homes needed to mortgaged to what people can afford not to default so the servicers can collect ist credit default swap insurance. doesnt this technically fall into insurance fraud?
1st false appraisals and mortgage application fraud to get us in the homes, then modification fraud to get us closer to default, then the ultimate scheme not to pay because we have to be in default to apply for hamp, then collecting the insurance on a defaulted mortgage that in all aspects is not defaulted because the homeowner asked for help. so we need to file suit for insurance fraud
RICO! Is this about a CRIMINAL NETWORK of SELF DEALING BANK LOAN OFFICERS/UNDERWRITERS (not ‘BANKS’), LOAN ORIGINATORS/BROKERS, Real Estate Brokers, AN INSIDE KING-PING?, VA LOAN GUARANTEE OFFICER? and a Protection racket POSING as LAWYERS?, A CRIMINAL RACKET that has here to fore been well concealed? If so, only to be exposed by the VA LOAN GATE? The VA Loan Guarantee Office is NOT a BANK, or the FDIC or Fannie Mae, or Freddie Mac. It is constructed differently. Thus, it takes a BRAZEN and very CONFIDENT and well organised criminal racket to conceal this type activity over time. Necessarily, it must be ‘go to the top’ of the judicial system, to cover up any leaks as they occur. The ramifications of this VA-GATE, to the lives of everyday Americans, especially in Georgians are unfathomable! How high and deep must the machine of corruption go to sustain such a BEAST? The VA Loan Guarantee officer swears an Oath to the USA not some inside operatives at BOA! RICO PROSECUTE THE ATLANTA VA LOAN GUARANTEE OFFICER! How/Why hasn’t the Atlanta VA loan guarantee officer NOT been prosecuted? Who is his LAWYER????? The answer to that question may be the key to unlock the box from HELL!
WE ARE A GROUP DEDICATED TO RESEARCHING, ANALYZING, REPORTING, EXPOSING, and DEBUNKING. WE ARE DEMANDING THE PROSECUTION OF A (now apparent & HERETOFORE) well concealed organized TREASON emanating from a ROGUE ‘CLIQUE’ operating from within the Atlanta Veterans Administration Loan Guarantee office. The VA Loan guarantee officer SWEARS AN OATH OF OFFICE to the USA not BOA! He is NOT a BANKER, and the VA is NOT a BANK! This is a sacred trust that the USA has with its veterans and taxpayers. Its VERY different in ALL respects to the FDIC, SEC, FANNIE MAE, FREDDIE MAC, at every level. DOJ: FOLLOW THE MONEY! WHY WOULDN’T/DIDN’T YOU? THE VA LOAN GUARANTEE OFFICER IS A GOVERNMENT EMPLOYEE! NOT LIKE FDIC AND FANNIE MAE AND FREDDIE MAC EMPLOYEES WHO NOT GOVT EMPLOYEES! SO WHAT IS GOING ON THAT THIS WE CASE WAS FILED IN 2006! 5 YEARS IS A LONG TIME TO COVER UP MAJOR CRIMES! FAILURE TO PROSECUTE IS TO BECOME AN ACCESSORY AFTER THE FACT! How can it be stated that this case was investigated since 2006, yet they do not know how much money was stolen? Can it be then understood they do not know to whom it went? WHAT GIVES!? The DOJ claims to know little of this case! Yet they have had since 2006 to decide not to prosecute based upon INVESTIGATION?.WHO INVESTIGATED THIS CASE? There has been too many years to implement a COVER-U , OBSTRUCTION OF JUSTICE. Why wait until 2011 to unseal the 2nd AMENDED Complaint! Money laundering and tax evasion on a massive scale. IMHO. “God help any bank that takes this case to trial,” Burns said. “A jury’s only question is going to be ‘how much do they have?’ ” – Damn RIGHT Mr. Burns! We DEMAND a CRIMINAL TRIAL on behalf of EVERY American Veteran and Taxpayer! It would APPARENTLY seem that this case is more likely about a racketeering enterprise involving the VA Loan Guarantee officer in Atlanta Decatur GA, high powered attorneys in Atlanta (Decatur-Dekalb County, GA), loan officers at banks, and loan brokers.case Why doesn’t the DOJ want to FOLLOW THE MONEY and recover the stolen funds for return to the US tax coffers? Why allow a law firm to handle such a Federal Criminal case. This really is serious. We all must demand that this case be prosecuted by the DOJ and we must get answers. Lawyers cannot be expected to put fellow lawyers in the cross-hairs of the Federal Govt! Its not right to expect them to do it! They would protect the lawyers. So if the lawyers are part of the racket, it would seem to make it impossible to get this case investigated! A lawyer involved in Federal Crime is not involved in state licensing ethics issues, or state legal issues.A lawyer involved in Federal Racketeering is a RACKETEER operating UNDER COVER OF A LAW LICENSE, thus he is not a lawyer at all in this regard. Only operating UNDER COVER OF LAWYER! Thus this APPARENT RICO CASE MUST BE PROSECUTED BY THE FEDS! None of this makes sense no matter how its looked at! This case MAY be the NEXUS that can break the grip of the Mortgage Fraud Racket. We need to demand that the ORIGINAL and 1st Amended Complaints be released! This is a different beast then Fannie Mae or Freddie Mac or the FDIC. Far different. IMHO http://deadlyclear.wordpress.com/2011/11/26/1448/ http://www.washingtonpost.com/politics/suit-alleges-banks-and-mortgage-c… – PROSECUTE THE ATLANTA VETERANS ADMINISTRATION LOAN GUARANTEE OFFICER! https://4closurefraud.org/2011/10/05/unsealed-complaint-wells-fargo-bank-of-america-j-p-morgan-chase-and-gmac-mortgage-engaged-in-a-brazen-scheme-to-defraud-our-nations-veterans/
CHAPTER I: DEPARTMENT OF VETERANS AFFAIRS Part 0: Standards of ethical conduct and related responsibilities http://cfr.vlex.com/source/code-federal-regulations-pensions-bonuses-veterans-relief-1087
http://www.mbac.org/cms_bwm/uploads/78.pdf
Wells Fargo Home Mortgage is a criminal enterprise therefore all debts owed to them including my mortgage is null and void. Think about that!
On Dec. 9, the court of appeals ruled in my favor setting aside judgment of foreclosure and sale of my home on a procedural issue (default judgment where there was no default). Less than two weeks later, I received a notice of default letter from Ocwen attempting to re-start the whole foreclosure process. Problem is that the foreclosure case is still active, with no further proceedings having been started since the court of appeals opinion was handed down remanding for further action. Isn’t this action by Ocwen a violation of the Fair Debt Collections Practices Act, harassing me with starting over when the first action is still going on?
I agree!!! they are the worst! They stole everything from me and I am going to stop it!!
Here is a video of Steve Mnuchin – the Chairmam of OneWest Bank. All OneWest execs need to go to prison for wrongfully foreclosing on Americans!!!
Here is the video where he speaks:
http://pricesignals.blogspot.com/2011/12/interview-with-steve-mnuchin-of-onewest.html
Watch this video by an NY attorney that discusses a recent development about how courts are requiring the banks and their attorneys affidavits confirming that the foreclosure is NOT a defective foreclosure before commencing foreclosure proceedings. Interesting.
Here is the link: http://tinyurl.com/7v9kz5e
We have to keep on fighting this fraud and crime!!!
I find very few reasons to agree with the so-called “Tea Party” gang, but in this case, count me in. Governmental agencies that are designed to regulate, in too many cases, either are lagging in handling complaints or not handling them at all. They are not regulating.! That means that many of government’s employees, federal, state or local, are being paid to deflect, confuse or to make simple cases complicated, without providing aid and assistance to taxpayers and consumers. Take the Department of Labor, for example. You look on the Employee Benefit Security Administration (EBSA), website, and what you see are announcements of investigations they’ve conducted, new enforcement programs they’re starting up, or companies they’ve sued, followed by not so glowing results. On their website is a page for filing complaints, reporting a problem or asking questions. Try filing a complaint and see where it gets you. Shifted from one division to another, which ends back where you started. Write to the Seretary of Labor or the IRS Commissioner, as I have, and you get no response. Nothing! The Internal Revenue Service is supposed to investigate and take action against mortgage lenders who make money from refinancing mortgage loans or pay taxes. But so far, reported and acknowledged fraud among these lenders is on the shelf. Meanwhile, you and I, who have made claims, filed complaints, or sought help, are frozen out. I’m sure 4closurefraud.org knows exactly what I mean. We have no regulation, either of employee pensions, mortgages or loans, nothing, nada. Finally, as the Greenlining Coalition has acknowledged; if the IRS provided the response to yours and my claims for Mortgage Debt refunds, we would have no mortgage crisis. You and I wouldn’t be paying more for our homes than they are worth. Fraud causes this you know, along with government complicity and thus, acquiescence. As host of harperenterprize.com, and as a taxpayer, homeowner and consumer, I will be working alongside web hosts and others who want to expose this lack of regulation, and establish an effective regulatory force. First, make these agencies justify every penny they get in budget allocations; Zero-based budgeting. If they can’t, dissolve the agency, or exclude the excess. Time for an overhaul.
Wendell, you are right on the mark. While relying on the so called consent Order from the Comptroller, I sent a complaint and supporting documents against JPMorgan Chase Bank and how the bank was about the business of fraudulently foreclosing my mortgage and my home. My complaint was sent to the Comptroller’s customer service. When that happened instead of being referred to an investigate or enforcement arm of the agency, I knew then that my complaint was destined for the land of thanks for coming it file maintained by an agency that decides not to get involved with a citizen and his or her complaint. Sure enough about three months later, my thanks for coming in letter arrived. But the United States of America’s resourses in place to protect its citizens is even more egregious than agenices. It extends to courts. I can attest first hand based on my experiences with courts, that judges presiding over them see no duty to protect citizens who come before them. Judges resolve cases based on their personal ideology and views having nothing to do with the law. Attorneys accept such conduct for fear of retaliation by all judges before whom they make their living while pro per litigants are without recourse because our society trusts the courts and is with the general view pro per litigants are not sophisticated in the law. I have a proof positive case against four judges of the United States Court based on claims of fraud upon the federal court based on judicial misconduct by federal judges. The Case is under Williams et al vs. JPMorgan Chase Bank et al. USDC Nev. 2:10-00118-PMP-PAL. The federal judge who is taking senior status in a matter of days made a fraudulent Order authorizing Chase Bank to subject me to a foreclosure. After noting that there were no mortgage instruments presented by Chase Bank in my case period much less that authorizes Chase to foreclose my mortgage, the federal judge order simply includes wording authorizing Chase Bank to foreclose my mortgage without the mortgage or any other instrument whatsoever. When I brought the matter before the federal appeals court and apparently motivated by maintain the integrity and reputation of the trial judge, the appeals court three judge panel dismissed my appeal while covering up the Record of evidence showing the false and fraudulent order and the Record showing how the judge had mismanaged my case. Because my wife and I are ordinary citizens, we have not been able to get a response from a state or a federal agency – including the United States Department of Justice or the FBI. Chase Bank is openly and notoriously about the task of defrauding us of our home – doing so with the confidence that in America corporations rule. Washington Mutual Bank who apparently mismanaged my note was my lender, while the Record shows JPMorgan Chase Bank having nothing whatsoever to do with my note. A bank should not be able to enforce a foreclosure without the note or any other documents establishing a bank’s involvement with a note. But this is the case here. We fight on but this nation of laws has shown more to be a lawless nation, White collar crimes are more egregious than other crimes. They usually involve a much higher property value and often times leaves victims with no avenue of restitution. Yea, the white collar criminal sometimes is jailed, but the victim is left pennyless, We, the citizens being duped by the US system(s) of justice need to come together to create straw agences, much like the British has in place a straw government. Citizens with knowledge to do so in each of the respective fields should operate under straw agency counterparts to each and every federal agency, yes, including the courts. Private concerns such as the ACLU should provide a legal arm of the straw agencies created by citizens. Funds to facilitate all of this should come out of our pockets and any trust, endowment or grant that is out there. Right now citizens without counsel and sometimes even with counsel have no recourse when an agency or a court decides against enforcing a citizen’s right. There is so much corruption on the civil judicial process that it is no doubt in my mind that is spills over into the criminal judicial process. My personal experiences before state and federal courts are so extensive that I can, and if the LORD lets me live long enough, write a book. The book I intend to write won’t change the corruption taking place within courts or agencies of the country, but it may serve to notice citizens what to expect and how to mitigate fundamental violations of their rights as they seek redress and remedy from courts or agencies. I can independently be reached at rnwil3@aol.com. I am not kidding about citizen straw components if we are to ever be able to secure any kind of consistant justice. As I heard before, the United States of America is truly rapidly being converted into The United Corporations of America protected by America’s courts. Citizen United only scratches the surface.
I have an attorney in Minneapolis that will depose Joan M. Mills of Wells Fargo. She is a rubber-stamp-wielding robo-hobo endorsed-in-blank vixen. Seeking participants to defray the costs ($600-700). contact me at usedkarguy@yahoo.com and I will give you the attorney info to make your contribution. Put MILLS/DEPO/4FRAUD in your subject line. Once she is deposed, we can put it on SCRIBD for everyone to use (like the Jeffrey Stephan depo). Thanks all, RPR
One way to tie up lenders: If you are a borrower, file a 3949 form for “failure to report”. Mortgage Lenders, whether banks or otherwise, have not reported the income they received on mortgage loans or that have been refinanced, new homes purchased, or home equity loans. All lenders are required to report this income and to pay the taxes. If you have refinanced or taken out a loan, doesn’t matter whether it’s past the statute of limitations; what matters is that these lenders have not reported the loan amounts, the prepayment rider, points or other fees they received from the transaction. If you file a 1040x, or amended return, even when the lender is foreclosing, you will have a legitimate claim for all the loans you refinanced or took out. Try it and see.
Wendell, The banks and mortgage lenders do NOT LOAN a home borrower any money, because the Federal Banking Law prohibits the bank from loaning their money or credit or loaning any of their depositor’s account money so where do you think the mortgage Lender or Banks get the money to loan you? These so called mortgage lenders and banks get the money in the form of a FREE loan to them by your debt signature on the promissory note when they stamp an illegal allonge or alteration on your promissory note that turns your signatured note into a check and the lender or bank endorses your promissory note. You just gave them the FREE LOAN and the lender or bank gives it back to you as a loan so they do not have to pay Federal Income Taxes on the money you unknowingly, without authorization, and undisclosed by the mortgage lender or bank lent them. Read more at 1RealEstateHomes.com. So all the money including principal and interest that you have paid on your ‘mortgage loan’ is tax free to them. Are you going to let the banks and lenders get away with this fraud?
Besides New York, does anyone know of any other state(s) that is eliminating an unsecured second mortgage in a chapter 7 bankruptcy..?
chapter 13 allows second trust lien to be stripped in bankruptcy in all states perhaps but in oregon and washington state for sure. http://www.olsendaines.com has more info on that.
David
Anybody have more information or documents regarding PHH in the State of Florida? Specifically looking for cases involving Shapiro & Fishman and their use of affidavits and notaries. Thankyou in advance for any additional leads. I am tracking several former employees which are starting to talk given their fear of depositions and such.
where do we send this information Scott? Please post addy
cant wait to read what the former employees are saying? are you going to post it? where can we send information to you on cases of fraud by shapiro and fishman and BAC/BofA?
I have a DOT with a loan number typed in and signed by me. Four days after it was signed the bank hand wrote on the DOT a DIFFERENT ACCOUNT NUMBER on the first page. The bank then recorded the document and the original was sent to a title company in FL. Not where the banks home office is located.
This was a HELOC and no money was ever loaned on the original account number however, all transactions and money were referenced by the hand written account number.
I am in court trying to prove that changing the account number is not legal (no notice and I did not realize it had been changed until after a foreclosure). All foreclosure documents and money refer to this second number. Nothing refers to the original account that is on all documents that I signed. I never signed any documents with the second account number.
It seems that this would be a material alteration of the DOT and or that the second account number was not secured by the DOT or note.
Is that the only grounds that you have because its similar to my case it appears that when the loan is being service is has a different number for some reason.
This was one area I thought was huge. I understand that it also means when the loan has been sold another number appears to collect again.
Also my DOT did not have a tenant in suffrage clause, which does not allow them to evict. Most DOT do have that clause on default.
My August 2007 FHA/HUD loan was with Lend America,then sold to Wells Fargo before first payment went out,found out 7 months later after purchase of home that the Appraisel was never finished on home,cause of no entrance to attic and no ventilation to attic.And in seller discloser they stated that Home was Contructed on site in 1988,but found out that the Home was Manufactured in 1981 and moved on site in 1988.The entrance to Attic was sealed off by seller to help hide the fact that their is structural damage and leakage and that it was a manufactured home.My Real Estate Agent was also working with seller of home in which they call it ” Dual Agent ‘. I have contact F.B.I. & Pa Enforcement & Investigations,and NO charges were put against these Criminal Act of Fraud.I had ask for legal Aid and was told that they were NOT permitted to litigate in these matters.now my Home Foreclosed on has been sold back to the Bank in Sheriff sale and I am being Evicted. How do I fight Fraudulent Activity without any Legal Reprentation ?
Click to read Grand Jury Transcripts of Gary Trafford and Geraldine Sheppard of Lender Processing Services in Nevada Foreclosure Fraud Case
The email came to me for this, but every link on it sends me to nowhere. Are they messing with your site again?
http://www.cbsnews.com/video/watch/?id=7390540n&tag=contentBody;storyMediaBox
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Prosecuting Wall Street, pt. 1
http://www.cbsnews.com/video/watch/?id=7390542n&tag=contentBody;storyMediaBox
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Prosecuting Wall Street, pt. 2
Just got a California Trustee’s Sale notice from MERS for American Brokers Conduit . . . anyone know of 9th Circuit or California authority discrediting MERS as a servicer and does anyone know anything about American Brokers Conduit? They seem to be defunct. Thanks for the assistance.
Try in re walker v. Citibank BK case.
BofA is supposed to tell me exactly where my note is if I send a QWR right? RIGHT??? Because they’re saying they don’t have to (“your loan documents do not provide for such an inspection.”) Sounds like bullsh*t to me. We signed a mortgage with them, so they’re responsible, RIGHT?
I had to fight them because they only sent closing documents in response to my QWR. I complained formally to the OCC. Then I get letters from the “Office of the CEO and President” saying they have 60 days under RESPA when in reality it was amended to 30 days. I formally complained again to the OCC to let them know BofA was trying to pull a fast one. BofA responded AGAIN with only closing documents and gave me that “we don’t have to tell you this because your loan dox do not provide for such an inspection” line.
They say that FHLMC (Freddie Mac) owns my mortgage. How is that possible when it’s been transferred to MERS by public record? It’s bullsh*t is what it is. They don’t know where the note is, and Freddie Mac is merely the insurer. I want to know how my mortgage was securitized, because it was transferred to Countrywide and I am SURE they slopped chopped diced and sliced it up, and I want to know exactly WHO “invested” in my loan.
Any advice is greatly appreciated as I would love love love love love to take ’em for quiet title but I just don’t know at what point I’ll have the grounds to do so. More formal complaints to the OCC requesting specifically my note? I know I could take ’em to court for lack of response to my QWR.
I’m receiving the same run around…it’s been over 4 months with no response to a QWR. So, I sent another in depth detailed sheet to them…and now it’s been 2 months with no reply. My loan was originated by American Home Mortgage and I know which trust it went into, found the PSA using the EDGAR website. BOA can show up in court and produce fraudulent assignee docs or they can “Pound Sand” ala Justice Page.
Depending on your states laws (judicial vs non-judicial) you may have to drag them into bankruptcy court and have them produce all the documents, PSA, assignments…and then you’ll have them.
Keep up the fight! also…read Bill Butler’s article: http://www.marketoracle.co.uk/Article31789.html
**Anyone who is working in Virginia with any success, please reply….I’m searching for additional causes of actions and strategies to thwart these thieves.
wow so you found your PSA! is it possible for an average person like me to do the same?
i am in a judicial state. i feel that because of the bank’s crap responses/blatant lies made to me, there’s no reason why i shouldn’t be concerned about my note and chain of title having been broken. my concern only grows with each day’s new lawsuit.
if it’s been so long and you’ve not heard a response from the bank, you should definitely file a formal complaint with the Office of the Comptroller of the Currency here: http://www.helpwithmybank.gov/
filling out the online form is very easy. you have 45 minutes or so to fill it out. so that i didn’t run out of time, i drafted my letter and pasted it into the form. be careful as I think there’s a character limit (though i had SO many more words to include 😉 they’ll assign you a number and you *may* get a better response! don’t even give them another copy of the QWR as you’ve sent it twice. if the bank gets back to you and gives you some “we have 60 days” BS, just fax another letter to the OCC, include your case # big and bold, and let them know that the bank isn’t playing by the rules 😉
go into mers and find out who the investor is. mers.org and have your mers number. then find out who your trustee is that is overseeing your loan. write the trustee and demand the trustee reports . in other words follow the money. and find out how many times they sliced up your mortgage. federal law required them to have your note and deed of trust i ntheir vault at all times. the original blue ink docs that you signed. I have heard from oregon attorney general bof a has been forging documents like the deed of trust and promissory notes and loan docs since they dont have them in the first place. I think the FTC or federal reserve and the new u.s.consumer financial protection agency in d.c. under richard cordary former ohio ag has the authority to compel them to answer you . his website for the agency is on the internet.
best regards
DAvid
something just “clicked” for me. i have received two QWR responses from the bank… and each time they wrote that the deed of trust was included. but, upon further review, both times I have not received a copy. unless i’m missing it each time i flip through.
wow. so i don’t know who the “trustee” is for my mortgage. unless the “investor” listed on the MERS site and the trustee are the same things? FHLMC is listed as the “investor” of my mortgage on the MERS site.
http://www.bloomberg.com/news/2011-11-28/secret-fed-loans-undisclosed-to-congress-gave-banks-13-billion-in-income.html
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Secret Fed Loans Gave U.S. Banks Undisclosed $13B
I purchased my condo in September of 2006. It was an ACORN Loan w/ BOA; minimal down payment and interest only for years 1-10 and a normal 30 year fixed at 6.5% years 11-40. I made 15K in improvements and I could easily add another 30K. But when the market bubble popped any more money spent may as well be flushed down the toilet. I am currently 50K underwater, more if you include the money i spent on improvemtents but I am current with my payments. I attempted a short sale and I thought we had it in the bag. I had a fair offer and I was ready to learn from this horrible experience and get on with my life. All indications from BOA were positive. In the final week before the closing the INVESTOR (BANA LAS HFI 1st LIEN) nixed the deal saying i did not have a hardship. Hardships are relative to individual circumstances. I have no incentive to perform the necessary repairs and any further improvements to the property. I can not make the property cash flow. It is a huge albatross around my neck. BOA and BANA LAS HFI 1st LIEN have placed me in a position where difficult choices are necessary. At this point I am inclined to strategically default. This is my first experience buying a home and I seriously doubt that I will ever do it again. For me renting is far more attractive and certainly less stressful. My faith in our government, Wall Street, the Banking Industry and our elected officials is non-existant. Their greed and failure to conduct business in an ethical manner has placed good people in this unfortunate position. Normally I would honor my financial comittments. At this time I feel no guilt or remorse in walking away. I, like so many, walked unsuspecting into this nightmare.
Steve, Do you have any additional information regarding this investor?
Thanks, Kevin
I am currently fighting a foreclosure here in Colorado and need case studies from anyone in Colorado that have been Successful with fighting MERS and secularization issue foreclosures. Colorado is the Worst in the nation
for standing up for the homeowners. Please I need any case studies as soon as possible. Thank you.
I am in the same boat please e-mail me to discuss
I am in Colorado also
Clearly chase and the rest of these banks still can’t be trusted. It’s all a big joke to them. They are ignoring the law, and lying about changing their illegal tactics. They broke the contract with the government and just took our money and said screw americans, the government and america! Any judge who still ignores these facts is not fit to be a judge. I personally would be outraged as a judge for the lack of respect and the mockery they are making of our legal system. How dare these arrogant bastards piss on america and then try to tell us it’s just rain. A judge who allows this conduct to continue should be held liable for aiding and abetting and charged with treason. How much longer is our government and our so called regulatory agencies going to let these criminals make them look like weak scared idiots? To us and the rest of world! What lack of respect and nerve these people have. Committing fraud on the courts to steal our homes and rob us blind while our families and friends over seas sacrifice their lives for us, them, and this country! And then spit and piss in our faces for it. UNREAL!
Judge Phillip Pro, United States District Judge for the Nevada District.
About two weeks ago, I presented the 9th Circuit Court a complaint of judicial misconduct against the above identified judge. Its kind of a long story but I will make it short here. I sued Chase Bank, our trustee company and a law firm and employments for subjecting us to fraudulent foreclosure practices constituting fraud and also violations of several sections of the Fair Debt Collection Practices Act. The gist of our lawsuit was that Chase Bank could not enforce our mortgage note and trust deed for not being our lender and for not having possession of any mortgage instruments whatsoever (note, trust deed, assignment or servicing contract) establishing standing to enforce our note, subjecting us to foreclosure. What did Judge Pro do? He simply engaged in conduct proscribed under the HOBBS ACT by making an Order that provides Chase Bank an ARTIFICE they could use to continue to extort monies from us under color of our note and deed of trust, While the Order (falsely) reads that under the terms of our loan Chase Bank can collect payments and pursue foreclosure of our home, there are no loan documents in the federal Record providing this. Judge Pro unbelievably made an Order that stands alone as authority Chase Bank could rely to subject us to foreclosure. Fortunately the state of Nevada did better. Because effective October 1, 2011, a foreclosing entity is required to FILE documents properly endorse and showing chain of legal title authorizing a foreclosure. It is not by happenstance that on October 1, 2011, foreclosures were reduced over 50%. Two more things: Judges are public employees who rely on mortgage backed securities and other such securities to maintain their pension accounts in the black. Need I say more? It was reported that 80% of the houses now owned by foreclosing banks remain vacant. In order for a real estate transaction to be completed the seller must qualify the house for title insurance. Wonder why the houses remain not sold? Anyone knowing a lawyer who would like to come on board with is please contact us at 702 270-9937. We did everything in our federal case in pro per. We have a comprehensive and compelling record of document evidence that remains a public record under our federal action. It presents a roadmap to liability under a host of legal theories – including the Racketeer Organizations Corrupt Act. (RICO)
Who Owns Your Home?
http://www.8newsnow.com/story/16071159/desert-underwater-who-owns-your-home
Do you know how many foreclosures have been made by the following banks:
Wells Fargo
Bank of America
Citi Bank
JP Morgan Chase
Thanks!
Go to your local Sheriff Sale page and you can start getting an idea of what is happening. My own home is in action with Wells Fargo right now, so I check my county page every day.
Trial for Eviction for forclosure imminent (Fr9), Have Forensic Audit concluding Loan Was Fraudulent, maileddemand letter to lender who did not respond in timely manner, finished w eviction lawyer procedings, what if any options to stay in home6197503838
you can file a ADVERSE POSESSION, with your county assesors office aqnd make it a part of your property ID
Looking for Georgia foreclosure mortgage defense attorney NOW.
Got an attorney for you ….. contact me at forensicforeclosureauditors@gmail.com. These attorneys know what they are doing. It does cost but let me tell you I am working with them now on my house and they mean business. I am going on 5 months without having to pay and still have not received a foreclosure sale date. They are still working on my case but I am happy with the results so far. Now understand there are NO GUARANTEES as with anything but you have to just be prepared to fight. Just be resolved as I always say with the wort case scenario – you can either walk away or file bankruptcy. If you are resolved with that being the worst case scenario; than you are ready to fight for you home. YOU CANNOT BE SCARED!!! That is what they want you to feel. You have to be strong, courageous and stand up for your rights!!!! That is what I decided to do and that is what I am doing. These lawyers work in all 50 states. But the cost to me is low….and worth every bit.
Hi D. Perry.. I have been a victim of a balloon plan that has exhausted all my savings. My payments started at $900.00 per month in 2004. Now I am at $2,200.00 per month and its steadily going up.. I am about to lose my home of 16 years and I really do not know what to do. I think I have a pretty solid case, especially that I have signed the loan in 2004 for a fixed 5% rate. My loan started at $175,000.00 in 2004. In seven and a half years I payed the bank more than $110,000.00. Do you know how much I owe them now?? $178,000.00.. That is not fair. Now they are threatining for forclosure. Please help. http://www.prestige.fashions@hotmail.com
Got a notice from Wells Fargo a week ago..(we have been late on payments but making them…) they want to refinance etc…and offered to do so in this letter…..what should be our first move be (in DFW/Denton Texas area)? Anybody suggest a lawyer? I was just told about this site by a friend…SCARY stuff!!! What have I been working foor all these years?!? I only gave these folks money to get a note at the end…and now there might not be a note to have?!?! Fraud in the enducement?
The above federal statutes provides you the right to direct a letter to Wells Fargo demanding any information you may require concerning your mortgage and mortgage account. The Act requires a response by the bank to your letter within twenty days. The Bank also should be able to provide you a certified copy showing that they are either in possession of your note or is the duly representative of the person(s) or entities possessing your note, thus the right to enforce it. The most important document – particularly if Wells Fargo was not your original lender – are documents showing/providing a valid transfer of the note/mortgage but also that demonstrates the precise reason for the transfer – i.e. sales transaction, transfer of serving. Your state has its own version of the Uniform Commercial Code as does most all states. The Code codified under Texas statutes, dictates precisely the steps taken for a note and its benefits to be transfered. The paperwork in the possession of Wells Fargo must have been executed, transfered, etc. precisely in accordance with Texas Law – the codification of the Uniform Commercial Code. We are a couple who has proved not only JPMorgan Chase Bank as subjecting us to fraudulent foreclosure practices, but have also since proved that the federal courts adjudicating our claims – trial and appellate – as being complicit in the fraud. The problem is that the powers that be that the law provides us to go to simply won’t respond to our claims against a major bank, Judge Phillip Pro – a judge for the Nevada district court, or the 9th Circuit panel that covered up the judge’s conduct. I am poised to file a RICO complaint against not only Chase and its lawyers, but that also includes Judge Pro. As you can tell, my two and a half year efforts to vindicate our rights has taught me much. My Case is under Ronald Williams and Jann G. Williams vs JPMorgan Chase Bank, Chase Home Finance, California Reconveyance Company, The Cooper Castle Law Firm (and two individual employees – one from the bank and one from the law firm) USDC, Nev. 2:10-cv-00118 PMP and USDCA 9th Cir. 10-16102. On October 16, 2011 in an effort to nullify the cover up by the 9th Circuit of Judge Pro’s Order based on fraud, we filed a Rehearing Petition with the 9th Circuit that is pending. Another distressing point. Being a person with a 4 year degree in Political Science, I have always held the belief that Republican appointed judges leaned towards corporations over people and the opposite as it pertains to Democrats. That is until the 9th Circuit’s recent disposition of my Case. The Record partially set out by my rehearing petition shows three Clinton appointees of the 9th Circuit’s total and complete misapplication of the law – all for the purpose of shielding Judge Pro and JPMorgan Chase Bank from their fraudulent conduct. I can say all that I am saying regarding the judge and the bank because I have concrete evidence that in the form of the Record of my federal action. We are vigorously trying to shop our federal record to each and every agency – state and federal – to achieve vindication. I have drafted a comprehensive complaint under the RICO that identifies Judge Phillip Pro as an Associate In Fact who by his Order dated April 5, 2010, engaged in the last predicate act in furtherance of the fraudulent scheme (“Enterprise”) of the fraudulent takeover of our note and deed of trust by JPMorgan Chase Bank, commencing on October 10, 2009. Our complaint cannot be more emphatic and with more evidence than ours. The problem is our status as being ordinary citizens. The Wall Street and other sitins nationwide precisely respond to what is currently happening to us in our case: In broad daylight and supported by a Record for all to see: a major bank and federal court judges engaging in acts to facilitate the fraudulent taking of our house. Thus far, we have not been able to get anyone or agency to do anything about it. We are at rnwil3@AOL.COM. My RICO complaint while citing the federal Record as proof, is available for transmission to anyone or agency interested. 702 270-9937. Publicity appears to be the only avenue left to us.
Hi Mike…..I am a fellow Texan as well and the same thing happened to me but since I have educated myself so much with all of this fraud I decided to get a forensic audit done regarding my house. It was done through legal specialists and after getting the results of the forensic audit back….it was just as I figured from all the research I was able to do on my own…. the information I found on my house was on the audit and then some. After the lawyer went over what was on my forensic audit, my husband and I decided to fight back..:) We call it OCCUPY HOMEOWNER FORECLOSURE FRAUD. This is our way of fighting the banks by taking them to court. The lawyer for us is reasonable and we have not paid a house payment for4 months and the servicer has yet to send a foreclosure notice. Right now they have to show and prove. However, if they take too much longer it will be going to court according to our attorney. The funny thing about our situation is that this company had a cease and decease in California, Oregon and Georgia….. That is what I found out through my research. You have to make the decision you are comfortable with……some people want to fight but get scared and given in…. WE ARE DETERMINED TO FIGHT!!!!! You have to think about what is the worse that could happen either you walk away or file bankruptcy. If you are OK with that resolve than you are ready to fight. If you are ready to fight than I will be happy to give you the information of the people who are helping us. I am very pleased with what they have done so far. We were going to go Pro Se, however, we have so much information and proof on how the judges here in Texas are paid off and corrupt that we decided to fight with an attorney.
D. Perry, curious what company you are taking about that was told to cease and desist in Oregon, California and Georgia. I live in Oregon and I haven’t heard of any lenders, servicers, collectors etc. with a cease and desist order here.
were are you in texas
To Elizabeth…..I live in Sugar Land, Texas.
To fraudstop….. The company is one in the same they are NAD Acquisition 3 aka National Asset Direct Acquisition 3. They are also dba iServe Servicing Inc. the link to the cease and desist in Oregon is listed below…hope you can open it…….
OREGON – http://dfcs.oregon.gov/securities/enf/orders/M-09-0029-35.pdf
Hi D…. Have a dear friend facing foreclosure here in Texas. Please keep
us informed of your case.. She can’t afford an attorney. Thanks, Paddy
nrgymed@aol.com
Can you please send any contact info for the specialists that performed the forensic audit ? Also, if possible can I ask for the attorney’s name. Truly appreciate the assistance.
Many Thanks
Be careful Mike….I had a friend almost lose his home because he accepted a lower payment program from BOA, a year in they yanked him from it though he never missed a payment, demanded all the “arrears” of the difference in payment then filed for foreclosure because he didn’t have the ability to pay it all back immediately!!
@Elizabeth In Denton TX.
I am looking for a notary public Erika Reyes who’s commission # was 1455401 and expired 12/09/07
I think she was a new century or home 123 employee. I heard that anything these people notarized broke the CA notary law (they didn’t keep logs) and the assignments they notarized are void. I just had a mortgage assignment show up in my registry of deeds a few days ago that looks fishy and was made by the Richmond Monroe Group. It states that my loan went from home 123 straight into a scrutinized trust on 8/4/05. Any help please email me at : aladdin786@comcast.net
We began to take on MERS as’ nominee’ for Fremont Investment and Loan, in a Servicing and pooling agreement via CitiGroup (dated 5 mo after house note, and exists no where in my note). Changed lenders via a blank, except for the undated, not numbered, non-notarized, random signature page. Supposedly signed by a Steven K. Patton, Sr. ‘VP of MERS’- to HSBC But wait! First it went through Wells Fargo, while being ‘serviced’ by Litton, who was named as the ‘lender’ in some of my documents. The battle for the house started in ’08-just after filing CH13, just before they began to try to foreclose. Just as my husband went to Iraq, to work for a giant Department of Defense company – the only work to be found when our 20 yr old electrical business bit the dust.
Well, since he was making a good salary – working in a war zone, dressed in protective gear, half a world away, at 120 degrees…it seemed like a good way to “put away some money” at the time….Enter “The Re-payment Plan”, to qualify us for a modification – $4550/mo for 23 months on an $1800/mo note because of fees, penalties and figured in Payment Pyramiding. Loan loaded with masses of violations and blatantly fraudulent. My Super Great Modification?? A Re-Finance is what it looks like, 4.95%, 30 years, payment $1890/mo, and if there’s any left over, a Balloon Payment at the last payment date. What?!! Yep, on a $252,000 note, that I had just paid almost $60k into on top of the previous payments, I get to pay off $290,000 (+/- a few k) and for Another 30 Years! Something is definitely wrong with that! We signed it though, but I’m not sure why, as I’m not thinking they have any right to the note!
Too bad, I live in CO – non judicial and I can’t find a lawyer ANYWHERE! My BK lawyer took me to the cleaners but didn’t help on my cars or house one bit! Actually, left me worse off than I was! Had to get different cars – with horrid interest, of course! Wouldn’t deal with the taxes (had a bad audit I couldn’t defend, I could but it wasn’t allowed during bk – as only one Federal case at a time seems to be the rule!) And she didn’t put in about 15k in Medical Bills…sigh, cry, scream.
\
My husband came back, after his 12 month contract was up, and not renewed – project was done. Unemployed and looking hard for 8 months – did I say savings? There it went. I was told by Litton, at first that all the “laws weren’t in place yet” to help us, then that we had to be at least 3 months behind before we qualified for anything, and that we had “just had a modification”, and so much more. Asked for unemployment relief that I had read about, apparently the servicers and lenders don’t know about that yet. Well, thank God, he found a job!
But now we are a looong way behind on whatever mortgage there is on the house, doesn’t look like I can do this alone.
I did research, found the “rules”, figured out how to find the issues in my note(s), and wrote my responses to the Foreclosure we shouldn’t be in. HSBC filed NED on 5/3, Litton had given me (yes in writing) until 5/4- -yes, I milked it till then, but got it – the HAMP paperwork in-and verified. Next Day, a Notice on the door. Then, same old crap, No contact, Litton didn’t know why HSBC was involved, told me it would be on ‘hold’. Then that it wouldn’t be on hold, but no sale while they ‘evaluated’ (yup, recorded the conversations too).
So I went alone to 120 hearing, Plaintiff’s attny perjured herself in court, and though I objected, with proof, and objection was granted,…the Trustee apparently thought perjury in his court was okay. This is rich: So as they hadn’t shown on July 6th to our appointed 120 hearing (no she wasn’t fined for failing to appear, nor was the case removed), the 120 hearing was put off to late Sept., and again, I had all manner of proofs of predatory, usury, TILA, RESPA, even now HAMP violations, Flipping, Equity Stripping, Missing Docs, Incorrect PUD, over 10k in YSP on the 2nd for broker (2nd being 63k when Fremont split my loan in the ’05 refi) plus OH so much more.. I heard, “I see the procedural issues, but we aren’t here to discuss those.” from the Trustee/Judge.
So Trustee sets sale date for 11/2–while I am still being eval’d for HAMP, even got a HAMP double escalation to deal with Litton. Who sold my Seriously Upside down (try hse worth 225K, bought for 285k Fremont split into 2 notes at refi, so ‘only’ owe 286k on 1st – after 9 years.) Off Track, Sorry, Litton, just last week ‘sold/transferredd’ it to Ocwen–the same company Fremont sold the 2nd to, Ocwen then sold to Real Time, and now apparantly DB Structured Products owns what I though was washed in the BK! Litton AND Fremont claimed 286k each, and Ocwen claimed $68k, in my CH13 turned 7 (in 2/2011).
I’m thinking that’s not in Ocwens best interest to purchase a defaulted/foreclosing note, just as it wasn’t in HSBC’s when MERS ‘sold’ it to them (nor were we under 700 credit score, so should not have had a sub-prime ARM in ’05 to start with) – although it says FIL did the selling to HSBC in ’08, and somehow lists Litton as ‘lender’, but by that time FIL was no more – shut down by OCC so far as home lending goes before that confusing transaction.
Last thorn? I Just got off the phone with the HAMP rep. The supervisor that had helped me before wasn’t immediately available, so someone else was “going to try to assist me”. As soon as this first one heard that Litton was transferring the loan before the time frame for response to the “NPV denial” to the HAMP modification, she about flipped. She said something about how that wasn’t legal, and that she would need to speak with her supervisor about making a “trial case”(?). It was odd how alarmed she seemed with what I had told her, especially given that when the original supervisor called me back later she did not seem to think the time frames were odd or unreasonable. In fact, she said “the banks do it all the time”. Yes, my mouth fell open. I asked if that made it okay, or legal, or within the parameters of their contractual agreement with the government??!! “It’s a grey area, and the banks do it to make more money.”, Now my mouth had not just fallen open, but my face slid completely fell off my head!
During our conversation, I realized the NPV letter I received on 10/12/11, postmarked on 10/03/11, was dated 9/26/11. meaning, I have until tomorrow to get my NPV response to them! Of course I left Yet Another voice mail, As If That is getting me Anywhere! I’ve got a half dozen or so phone numbers to leave them on, they don’t get returned. I will try to call “Early in the morning when there is less call volume”, as the HAMP counselor so kindly suggested…LIKE I HADN’T THOUGHT OF THAT??? about a Year Ago!?
So I’m in a sh**storm. AND I NEED AN ATTORNEY!! I’ve been looking, calling, reading, searching for a month – no replies. Anyone Know Anyone Tough cost be damned at this point, I refuse to pay my mtg as I don’t know who, or how, owns it. I’d much rather pay an attorney – quiet title, and restitution for my injuries and my attorney’s time, would be the goal. I’ve gone from pretty sane and normal over the past 3 years to a diagnosed Major Depressive, with an eating and sleeping disorder! Wonder why.
I’ve recorded calls, names, times, dates. I’ve highlited, tabbed, and organized with law quoted, all (or most) of the violations in my Fremont refi turned MERS turned CitiGroup turned Litton turned HSBC, and finally (from Litton somehow) turned Ocwen. OMG! Really??? I’ll scan in my signatures tomorrow – unreal amounts of WT* kind of handwriting (oh, that’s a stamped signature on that non-notorized, date-free paper with three *** identified as the New note holder (kindly identified as *** is HSBC — UNDER the signature that resembles nothing in the name of the “MERS” VP).
Hate this. PLEASE SEND ME ATTORNEYS! I CAN NOT DO IT PRO SE ANYMORE! And I Will LOSE MY HO– USE TO THESE CROOKS ON 11/2/11! Even though the HAMP rep tells me there ‘has to be more time, as I have 30 days to read over the NPV explanation, then another 15? days for Litton (or Ocwen) to respond, then a little more time to re-respond, or re-apply” I never should have tried to do this alone! Silly me, all these laws broken and obvious, I ASSUMED that Justice Was Blind!.
Trustee’s just got a 25k raise from the Foreclosure Attny’s lobbying – not too mention their sweet vacation getaway funded by the same attorney’s – the one’s working on Stealing My House! The very same ones who sold the state of CO the computer program that Processes Each and Every Foreclosure – for a hefty sum + a swell Kickback from Every Foreclosure their system processes! (Info on raise and computer program courtesy of Denver Post).
HELP!!
HI – I am so sorry for all your efforts and issues involved. It’s so criminal.
Pro Se’s are only hurting the legal system and homeowners trying to fight these bad, unlawful foreclosures, as they are getting Motion Judgements against them, because there are so many issues with CDO’s MBS, REMICS and such and quite frankly, judges hate pro se’s. The cases the Banks are using are all in there favor because of Pro Se losses.
Contact me at tam1012@comcast.net and I need to get an intake form and can pass along the information to an attorney that can help. He’s fighting accross the country and winning. He also has cases in CO.
I really take issue with your statement that pro se’s are hurting our legal system. Don’t you think that foreclosure complaints should be answered regardless. The absence of anyone who mattered at 99% of foreclosure hearings is what has enabled robo-signing and rubber stamping. The judges and foreclosure mills knew no one was minding the store. Shame on you for blaming homeowners who are not in a position to pay $7000. retainers and $500/hr. Maybe you should start blaming the judges who have allowed all of this fraud to go on right under their nose all in the name of speed. And, if judges hate pro se thats too damn bad. You can’t blame bad decisions coming down on anyone but bad judges. By the way, I love law firms that are scouring these websites looking to solicit clients. So to anyone out there fighting pro se because it is your only option- go for it! Rolling over is not helping anyone!
Pro Se Ways….. Well good luck to you and your venue. I am not scouring websites to promote anyone or any attorney. Perhaps you may have overlooked the fact that I was in the same boat that Pro Se 4closure Fail was in. I couldn’t find an attorney to save my home in my state. Since there are very few that are well versed in the fraud of the banks and mortgages. I was trying to reach out accross the country to find help, because I was not well versed in the legal system and knew I needed an attorney. So when the state has hardly any cases fought with well versed attorneys, the state gets saturated with Pro Se losses, because people like me may try this avenue and can’t succeed.
Well, if you live in a Non -Judicial state and fighting Pro Se, beware, the banks will likely turn the case into Moot. and then refile under a judicial foreclosure AND also then they have the right to sue for deficiencies. So be prepared if you lose. You can lose your house and also gain a $300K judgement for deficencies as well. Then how does paying an attorney $250 an hour and a upfront $3000 retainer. For me it’s a no brainer to choose an attorney if a good one is found.
You are obviously very bitter about this. And it will no way help you succeed with that type of attitude. And before you spout off, some of us here were in a Pro Se situation and know that we need an attorney and we reach out on message boards to find someone who can help. So when I read ProSe 4closure Fail’s message, I know EXACTLY how it feels and would have given my eye teeth to have someone reach out to me to help me find an attorney.
Good luck to you.
Hi! my name is Cindy. My sister and my brother in law have a problem with there mortgage company. They had Citigroup/ Bank of New York Mellon and my brother in law told me that one of the banks who got money to bail out the homeowners is one they had. So my question is how do we find out if there mortgage was paid off? Can you send me the name of the lawyer you know who’s helping ppl and winning? We are in Glendale Heights Illinois. Thank you
Marie – I am sure we have a lot of common ground in this fight and arguing with you was not my intention. I certainly wish you the best of luck but I cannot agree that every homeowner who is unable to afford an attorney should stay away from the judicial system so as to avoid a “bad loss.” That, to me, is too simplistic an approach and is exactly what the lenders and the courts want. Defaults are so much easier to process. If a pro se “bad loss” resulted in a court opinion, any good defense attorney should be able to deal with that. And, I also see no evidence to confirm your statement. Also, I will refrain from calling you a name, but you bet I’m bitter. Most of us on these sites have been abused and damaged from lenders and foreclosure mills and are hanging by a thread. And, for the record, I have no venue, you’re the one with the intake form.
Anyone out there from California? I see no change in handling of any modifications or foreclosures; pending modification, continued to foreclose, agent to reo??, declined mod/moved by to prior residence of 12 yrs./declined mod; house sold at foreclosure, locked out prior to date discussed/arrangements made 30 days prior with room mate who paid nothing for 7 months/received 3000, paid person 400 plus storage shed to move me back to upsell home pending short sell, that was 9 months ago, once again pending short sell approval of price/now wants to deny hafa &short sell, speed up too foreclose on Nov.16/2011. claims homeowner refused to let appraiser in??? has been appraised 7 occastions and no one has refused admission to home/ had 3 homes in area, will now lose all 3 to foreclosure, current home, home next door pending foreclosure now reo/ locks changed/ cash given to tenant $3000, unbeknown to homeowner, who re-embursed deposit $2000; unable to keep property without current tenant, unable to rent in mid school year/ called Crystal Mortgage/federal loan, modified loan has risen to $500+ returned from surgery only to get all of this dropped on my plate; called lender, this is obvious illegal, doesn;t matter now, you are deliequent now, guess so; they will continue with foreclosure and did I want to short sell, since they already are selling the property, so unbeknown to me after having the carpets cleaned, terminex, 2 doors repaired, lawn is green again, I now find out it was all a hoax/ Tenants left with 5000 moving expenses from home next door/ organized by Lucy Silva?? Reo team for Coldwell Banker???? this can;t be correct?? no forwarding address for tenants, and some stranger has keys to my home???? and at the time was not in default??? and this is America??? Quilty until proven innocent?? try to fix this one, going on third loss of home due too injury loss of income, income has dropped from 75000 to negative going on 3 years now??? one has too lose everything?? this is legal? As soon as you stop paying your mortgage, rather you can afford to or not, it makes no difference you are quilty as charged until proven innocent, good luck with that, laws are written to protect those that can afford to be protected the rest of you might as well set up camp,,,,,,,,,and this is California??? will any of your complaints reach the Attorney General? the Govenor? most likely not; far too many issues going on, homeowners are the last of their priorities and if you own more than one home makes you even more of a criminal needing no assistence. some of us are now ruined for life, far to late in the game to over come this situation; hopefully the younger generation will learn something from this if they don;t starve to death first.
I am in California. I know something that can help for the moment. Email me and we can go from there. I am not soliciting. I too am in the same boat as you. I’m single mom left with house in debt for a divorce, been working on a mod for 18 months. Reference this link for a prompt response. Blessings.
Go to Youtube, search for How To Win The Foreclosure War, Part 1
CALL HER ATTONEY Preetpal Grewal(917) 639-5510 TELL HER ELIZABETH SENT YOU IF SHE CANHELP SHE WILL
Cuneo Gilbert & LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York, NY 10020
Phone: (917) 639-5510
Cell: (917) 902-7476
Federal judges are quite protective of pro se litigants. They will go the extra mile,to protect your rights. Go to Youtube–search for How to Win the Foreclosure War, Part 1. I am a paralegal, with a JD, who has kept a client in his home, three years, after forelosure, and on his way to victory, on a dual track of state and federal court. You may verify the case, In the Circuit Court of Berkeley County, WV, Case No. 10-C-145, in the Office of the Clerk, Virginia Sine. Feel free to call me at 334-355-1077; or 334-316-0647; or contact me at:
ronaldleewht661@gmail.com; ronaldleewht1953@gmail.com; or ronaldl.white@yahoo.com. Let me help you, or you can wait for the set of books I am writing, such that you may draft your own pleadings, and other court papers, following the templates. File your paperwork in federal court, where the judges are less corrupt. You will need to seek an injunction, to enjoin foreclosure and eviction. Even if you have been foreclosed, and evicted, you can still sue the bastard banks, for tortious breach of contract and fraud. Let me help you. My rates are quite reasonable, half of the $250 the attorneys want, my paperwork is first rate, world class. Look at the paperwork for the Plaintiff in Case No. 10-C-145. You can buy all the pages in the case,for $1.00 per page, and there are more than 5,000 pages. It will be a brutal fight, but winnable. I am the champion of the llitte guy.
This is in Washington state.
Refi with originator Alfund in April 2007
American Home Mortgage servicer
12/7/2010 Notice of foreclosure sale by Trustee First Fidelity National Title on behalf of MERS as beneficiary. Sale kept getting canceled and then rescheduled as we continued to send them the forms they wanted for Mod
We sent a letter asking for proof of Title and ownership in June, and sales stopped getting scheduled.
In July Washington passed the “Foreclosure Fairness Act” …BOA helped the politicians write it, so as you can guess it really should be called the “Foreclosure Facilitation Act” It contains stuff like copies of Title and Promissory note are ok, does not say Lender, but says Beneficiary and beneficiaries Agent. Also “Owner” of note can prove they own note by simply providing written affidavit saying they own the note.
Now on October 3rd AHMSI sent us a “Pre foreclosure” letter complying with the new Act saying that the beneficiary is now a trust called “Harborview 2007-5” When you look it up on the SEC.gov they list Deutsche Bank as the trustee.. well low and behold on the county records on Sept 5th 2011, AMHSI assigned the deed of trust from First Fidelity to Deutsche Bank. Anyway I have 30 days to respond to the letter requesting a mediation meeting with them. 90 days from the date of their letter they can file a new Notice of Foreclosure with the state, and hold a sale 120 days later. All these new trustees, and lenders are an admission that the current foreclosure is illegal.
My question is this… should I immediately file a suit against the first foreclosure which is still active and on the books before they can file the new one? Once I file, can AHMSI just drop the foreclosure, or will they be compelled to admit it was a false, illegal suit, and will it help me fight the upcoming one when they get their paperwork lined up.
PSA Side note.. the closing date of the trust was July 12, 2007, and all deficiencies had to be fixed by July 12, 2009. They just gave title to trustee Sept this year.
The whole ‘move your money out of a bank’ day………. gimme a BREAK…..
And WHAT is the benefit of THIS….? This whole movement is misleading….. PLEASE provide an ALTERNATIVE To a better monetary system….!!!!
hmmm…… communism…….socialism……..nobility……. WHAT……????
Please don’t stand on a corner and ‘tell me what is wrong’ without offering me a possible solution to ‘what is RIGHT’…!!!!
Oh by the way………. ‘I DON’T KNOW’ as a response………… is even WORSE that what you’re shouting about…!!!
I can do this because I have absolute proof. On April 5, 2010, Judge Phillip Pro with his Order terminating my federal Complaint and on behalf of JPMorgan Chase Bank, made the Order that stands alone as providing JPMorgan Chase Bank to subject us to foreclosure. On October 10, 2011 after the Ninth Circuit affirmed Judge Pro’s conduct, I directed a Complaint by statements under oath directly against Judge Phillip Pro and indirectly against the Panel of circuit court judges that by their opinion covered up the fraudulent practices by the Judge. For those of you out there that know the ropes I will end with this: When Judge Pro made the Order, the closest thing to loan documents, as the Order characterizes, were the not certified copies of the originals that I had executed on October 30, 2005 in favor of Washington Mutual Bank. I had made the not certified copies part of the federal Record to expose JPMorgan Chase Bank’s and its attorney’s false pleading that Chase Bank was the servicer of our mortgage. In the world of robo-signers and others who dare to create false documents to support foreclosures, ours is the only case I believe where courts have determined standing in a bank’s favor without the bank having to produce mortgage instruments period. This is our federa record and anyone is invited to review it through PACER – Ronald Williams et al vs. JPMorgan Chase Bank 2:10-cv-00118. We are a senior citizen couple of Afro-American descent who appeared before Judge Pro to defend against his dismissing our complaint. We believe the Order based on evidence that is virtually non-existent was motivated by Race, Personal Greed on the Judge’s part, or an inexplicable bias in favor of JPMorgan Chase Bank. Being ordinary citizens has made it difficult to draw the public’s attention to our plight – a plight well documented by the public Record that is our federal case. In our case four federal judges took an active role in the cover up of by fraudulent foreclosure practices by a judge. Any referral anyone reading this provides us will be greatly appreciated. Our case in before the 9th Circuit pending our Petition for it to review what it did to us by dismissing our appeal. I may have mentioned earlier that I have also sent a complaint with all of my statements under oath against the fraudulent, racist practices of Judge Phillip Pro, United States District Judge for the District of Nevada. I can make this claims public against him because the Record absolutely supports the claim. I will shop our plight and the record around the nation until Jesus returns for all of us. The question why no-one has went to jail may be answered in the Record of mines and my wife’s case,
Ronald,
The note is irrelevant. Even if the note is missing, it can be proven that the purchase money was provided by a lender, and you did not pay. However, when your inabiity to pay materialized, your lender had already made a separate unilateral contract, to give you options, in the event difficulty in making payments. When they reneged on that, that constituted fraud. File your lawsuit, immediatey, on that basis. If you cannot pay the $350 fiiing fee, make a motion for in forma pauperis status, and get the fee waived. Simultaneously, file a motion for an injunction to prevent foreclosure, if not already done, to prevent eviction, if the foreclosure is already done. This will keep you in the property, until your lawsuit reaches its conclusion. Do it, in federal court, despite difficulty, they are much less corrupt than state judges. Demonstrate, in the streets, against judicial corrupetion. Make it a major issue, in the elections, a year from now. We can have a peaceful revolution in this country. File ten million lawsuits, simultaneously, against fraudelent foreclosures, bring the foreclosure juggernaut to a screeching halt. Bankrupt the banks, and Wall Street, with a tsunami of lawsuits. We will win some, lose some, but most importantly, we will be heard! Let’s free our country, from corporatism, from the tyranny of Wall Street, and from corrupt politicians and judges.
SEC Charges Bank Executives With Hiding Millions of Dollars in Losses During 2008 Financial Crisis
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http://www.sec.gov/news/press/2011/2011-202.htm
Maybe we’ll actually see some criminal charges this time!
Interesting information on how the Bankers are working on
responding to non-judicial foreclosures
(press in ABA Banking Journal for Oct 14 2011 -the author is Patrick M Roberts ESQ.)
»
How to resist borrower challenges to non-judicial foreclosures
ABA Banking Journal
Complaints filed by borrowers typically fall into the categories of wrongful foreclosure; quiet title; declaratory relief; conversion; fraud or negligent misrepresentation; unfair business practices; breach of written contract or of implied covenant of …
Here is the actual link……Thanks for the information…..I will be giving this to my attorney so that he can see what more the banks are trying to do to wiggle their way out of pure fraud and theft….
http://www.ababj.com/briefing/how-to-resist-borrower-challenges-to-non-judicial-foreclosures-2369.html..
Is there a way for me to retain the property at a reduced mortgage principal (current market value). Any suggestion or guidance is welcome.
I have a mortgage with Charter One Mortgage for an Arizona vacation home. I stopped paying the mortgage starting 2011 as CMM agreed to take the property back ‘In-Lieu’ of foreclosure. After many months of phone calls all I hear from them is that the legal department is working on it. In the meanwhile I am being harassed by the Home Owners Association (HOA) for dues as well fines for not keeping the yard per architectural standards. Is there any agency I can complaint to resolves the issue so that I am out of this deal?
I have a mortgage with Charter One Mortgage for an Arizona vacation home. I stopped paying the mortgage starting 2011 as CMM agreed to take the property back ‘In-Lieu’ of foreclosure. After many months of phone calls all I hear from them is that the legal department is working on it. In the meanwhile I am being harassed by the Home Owners Association (HOA) for dues as well fines for not keeping the yard per architectural standards. Is there any agency I can complaint to resolves the issue so that I am out of this deal?
Is there a way for me to retain the property at a reduced mortgage principal (current market value). Any suggestion or guidance is welcome.
Boycott Against Banks
========================================================================================http://www.cnbc.com/id/44800021/
Help Needed Pronto!
2 days ago I received a Notice of Hearing for Motion of Summary Judgement to take place on October 25, 2011. Prior to this correspondence I received notice that “the original” note was filed with the court.( A request that I made almost a year ago) I went down to the court yesterday to file for an extension gfor 60 days so that I could obtain counsel and checked the case file and lo and behold no original note was filed only copies. I called the court today to find out the status of my motion and found out it was denied. I NEED AN EXPERIENCED ATTORNEY ASAP. My case is in Hernando County, Fl (Tampa Bay area). The “bank” Bank of New York Mellon is the plaintiff as successor trustee (never heard of them until I was servered) under Novastar and in the note it states Mers is the mortgagee. I also am in the middle of a sinkhole repair, actually they just started. Someone please help me with where to find a experienced attorney in this matter. Thank you in advance.
I have hired Mark Stopa and would recomend him. He is from Tampa area. Check his web and blog. That is what got me sold on him. Best of luck !!!
Thank you! I am in contact with his offfice.
E-mail her right now she is looking for Bank of Mellon they have lawyers alll over and do not charge up front fees Attorney Preetpal Grewal pgrewal@cuneolaw.com (pgrewal@cuneolaw.com)
The Firm is:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
I retained Mark Stopa and have been very impressed.
Until these judges stop them, our nation is furtile ground for banks and the like to steal homes by foreclosures based on fraud. Of the three branches of our government, the judiciary operates under the less scrutiny. Read my post dated October 22, 2011. Some how, some way and some day we have to deal with this collectively to stop courts from underwriting and authorizing the stealing of our homes by fraudulent foreclosures. The closest thing we have right now are the protesting against Wall street. I am at rnwil3@aol.com and am writing from southern Nevada, the number one foreclosure state. Food for thought: Judges are investors or at least make a sufficient salary to be an investor. In the area where I reside there is a law firm called The Cooper Castle Law Firm. It functions virtully as collection agency for Chase Bank and its defaulted on mortgages. The portfolio of Chase Bank and the law firm is no doubt bursting from homes where the homeowner was displaced in favor of investors. In my complaint against Judge Phillip Pro, a federal judge for the district of Nevada, I suggested that the Order he made that the Record shows to be an Artifice fraudulently conveying standing for Chase Bank to subject us to a foreclosure, may have been motivated by a direct or indirect pecuniary interest he has in the portfolio of empty homes maintained by Chase Bank and the law firm. You may be experiencing the same in your case. No matter how highly placed there are some crooks here. And it explains why no one has been sent to jail while hundreds of thousands have been displaced from their homes under questionable circumstances. We are spread out, and this is why banks, courts and the like can do what they are doing to us.
I am in a suit with Wells Fargo. Not only did my husband sign my name and take all the equity from our home, he attended a closing that I was never at. Then he took his life. The bank has gone for a dismissal. Now, they did this almost 3 months ago and the judge still hasn’t come down with an answer. My lawyer said that this isn’t right! I have 18 counts against this bank. Wells Fargo also broke into my home 3 times. They turned the water and heat off. I was living there 3 nights a week, they said I abandoned the house. WhenI filed criminal charges, it was dismissed said it was a civil action. I have now appealed to the consumesr affairs dept of the att. General of NJ. They are going look into my case. It doesn’t affect any other action you are taking. It is also free They want to help stop all this!!! The whole system is a joke, the judges are a joke. But, I am going to keep pushing until I get my home back. Check out everything you can!
Ayasha, forget about the note, file a lawsuit for tortious breach of contract, fraud, RESPA vioations, TILA violations, intentional infliction of emotional distress, defamatlon, etc. Look at Case No. 10-C-145, In the Circuit Court of Berkeley County, WV, Office of the Clerk. Or better yet, contact me. See reply above.
RLW,JD
For some reason many have been discourage against Class Actions because they are claiming the Lawyers get all the money and they do not: THIS law firm pleads individual claims plus class so theat the lead plaintiff claims are not attached to what a class would recieved but will be determined on the individual plaintiff damages:
DAMAGES is the key to any lawsuit whether class or individual, if you don’t have the money for a lawyer all I am saying is that this is a top New York law firm that does CHARGE ANY UP FRONT FEES OR ANY FEES AT ALL
CLASS ACTION FOR THOSE PARTIES MISLED BY A CitiGroup or BOA PROMISE FOR A LOAN MOD: RESULTS IN AN IDEAL ENDING FOR WELLS FARGO. A HOMEOWNERS WITH RUINED CREDIT AND NO TIME SELL! (perfect victim.)
CLASS ACTION LAWSUIT Looking for lead plaintiff’s in Texas and New York
DID YOU BELIEVE YOUR MORTGAGE LOAN MIGHT BE MODIFIED?
DID YOU PAY AN APPLICATION FEE FOR A LOAN MOD?
DID YOU PAY AN APPRAISAL FEE?
DID YOU REQUEST A LOAN MODIFICATION?
DID YOU FAX FINANCIAL INFORMATION IN FOR A LOAN MOD?
DID YOU BELIEVE YOU WERE UNDER CONSIDERATION FOR A LOAN MOD?
If you would like to participate in this class action suit please contact the law firm at:
Attorney Preetpal Grewal pgrewal@cuneolaw.com (pgrewal@cuneolaw.com)
The Firm is:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
They do NOT CHARGE UPFRONT FEES they get paid if you get paid so they have ainvested interest to work e-mail the lawfirm they are representing me with CHASE, if you have problems money is low e-mail her the lawyer not me your issues she will get right back to and let you know if she can help you.
God Bless
Elizabeth
Hello Elizabeth…….Thank you for the information. I sent an email yesterday and got a call back immediately. When I began to tell her about my situation,,,,,she said you don’t have to finish the story but she would listen anyway because she know exactly what was happening to me. She asked me to send her all of the information and documents that I have and then she would get back in touch with me. I thank you for the information you shared. It is not so much about the money to me it is more about the fraud and how so many hard working people are being taken advantage of…..we needed to be ailed out. We are still suffering and they are trying to find better ways to continue the fraud because they have the money to do it paid by our tax dollars. I hope she can help me……I really do……. Dee
http://www.cnbc.com/id/44776749
======================================================================================= Anonymous Threatens to ‘Erase’ the NYSE
http://www.housingwire.com/tag/harris
http://finance.yahoo.com/blogs/daniel-gross/banks-struggle-fed-racks-huge-profits-taxpayers-171436518.html;_ylt=AjZRrn1mQPOJWpvQIpjFQFu7YWsA;_ylu=X3oDMTE1bWpxYm43BHBvcwM2BHNlYwN0b3BTdG9yaWVzBHNsawNhc2Jhbmtzc3RydWc-?sec=topStories&pos=3&asset=&ccode=
========================================================================================
As Banks Struggle, Fed Racks up Huge Profits — for Taxpayers
At least the AG in California has enough balls to stand up for her citizens unlike the KS bozo. Tom Miller in Iowa has turned out to have no guts. His balls are in the hands of Jamie Dimon of Chase.
Miller said he would put bankers in jail — let me think about that — how many are there by his hand??? or anyone elses hand?? Certainly Obama and Holder are not searching out the evil thieves of homes.
I hope the protesters on Wall Street and now other cities get some action. The CEO’s of all of the Wallstreeters that were involved in the the fraud and forgery of loan documents should be in JAIL.
Start with Dimon of Chase, some asshole at Deutsche, Blankfein at Goldman, Fuld at Lehman, certainly Mozilo at Countrywide and Lewis at B of A at the time — Outright thieves Put their pinstripe asses in jail.
The AG in ca. ? Kamala Kabala Kaboom Harris ??
Please go to piggybankblog.com. Click on John’s Daily Blog for the truth.
Yes the AG in Kansas is a lazy DICK. Try writing him and you too will just get a smart ass comment back. He and his staff have no sympathy for people being foreclosed on. Their feeling is “just pay up”.
As with most politicos in Kansas the only thing they care about is abortion and Bible thumping.
Send any of them a letter and you will get a form letter back on another subject. Worthless jerk offs that do not care about the citizens of the state —- only about being re-elected.
CLASS ACTION FOR THOSE PARTIES MISLED BY A CitiMortgage or BOA PROMISE FOR A LOAN MOD: RESULTS IN AN IDEAL ENDING FOR WELLS FARGO. A HOMEOWNERS WITH RUINED CREDIT AND NO TIME SELL! (perfect victim.)
CLASS ACTION LAWSUIT Looking for lead plaintiff’s in Texas and New York
DID YOU BELIEVE YOUR MORTGAGE LOAN MIGHT BE MODIFIED?
DID YOU PAY AN APPLICATION FEE FOR A LOAN MOD?
DID YOU PAY AN APPRAISAL FEE?
DID YOU REQUEST A LOAN MODIFICATION?
DID YOU FAX FINANCIAL INFORMATION IN FOR A LOAN MOD?
DID YOU BELIEVE YOU WERE UNDER CONSIDERATION FOR A LOAN MOD?
If you would like to participate in this class action suit please contact the law firm at:
Attorney Preetpal Grewal pgrewal@cuneolaw.com (pgrewal@cuneolaw.com)
The Firm is:
Cuneo, Gilbert,& LaDuca, LLP
Rockefeller Center
620 Fifth Avenue
New York N.Y. 10020
They do NOT CHARGE UPFRONT FEES they get paid if you get paid so they have ainvested interest to work e-mail the lawfirm it seft they are representing me with CHASE, if you have problems money is slow e-mail her the lawyer not me your issues seh will get right back to and let you know if she can help you.
God Bless
Elizabeth
Please consider helping us here in Cleveland, Ohio. Hundreds showed up to a BOA seminar to get help with modification process. I was approved right there on the spot, and verified qualification with HUD as well. Yet, BOA said they’d get back to me within a couple of weeks. —>Short story: They decided to set me up with a real estate person to sell my house Short-Sale and would give me $2,400 to relocate. Not one mention about the status of my loan modification. HELP! They are frauds and should be prosecuted.
http://www.americanbanker.com/syndication/foreclosure-settlement-california-harris-1042722-1.html
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******************** California Quits Foreclosure Talks ****************************
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http://blogs.wsj.com/metropolis/2011/09/30/will-bloomberg-end-protesters-stay-on-wall-street/ Will Bloomberg End Protesters’ Stay on Wall
We too live in Kansas. Been battling with bank since 2008; two pre- HAMPS and so on…I totally agree with your view; But this problem is nationwide. Kansas, however seems to have been sleeping under the banana tree while other states East and West coast notably have been noticing the holes in these defective mortgages, and some responding effectively.
Nearly all the attorneys here work for or with the banks, and are afraid to offend. Very few fighting litigators on the side of homeowners exist here. All the judges want to know is “Did you pay the mortgage?” Everything else is too sophisticated in law, I suppose. The AG is totally bored by the entire prospect it seems, and nothing ever is getting done in the interest of the people. Will they ever get it here? And what can be done about this?
http://www.iwatchnews.org/2011/09/23/6706/mortgage-industry-tanks-fraud-continues-countrywide
Mortgage industry tanks, fraud continues at Countrywide
The Great Mortgage Cover-Up: A Two-Part Series
OK and the good news are??????
http://news.businessweek.com/article.asp?documentKey=1376-LMSR6O0UQVI901-54F03FS4TGLHPN2P3QSF33NB0I
The Fed Wants to Be Your Facebook Friend http://www.cnbc.com/id/44701381
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I downloaded a copy of an ASSIGNMENT OF MORTGAGE that has the same signature of Michael Koch of Fremont Investment & Loan that I have on my own mortgage.
The party was Irene wood of brockton Mass.
I think she lost her home, but If I can get an admissable (in court) assignment, I will be able to show that
it is not really a signature but a signature stamp and since it must be in writing it will give me a good arguement
to deny their claim.
Anybody out there have data?
Also, is there a way of searching this website archives and the other foreclosure fraud website to find data?
Thanks
Ron
Ron,
Is there any way you can send a copy of the Fremont signature?
http://www.dickipedia.org/dick.php?title=Uncle_Sam
All the emails from Michael @ 4closureFraud, Stop Foreclosure fraud, and Neil
are coming in blank for the last three days.
Someone doesn’t like my continous
postings about the origination fraud of the Banks lending us their credit
prohibited by Art 1 Para 10 Cl 1 of the Constitution making every mortage Ultra Vire.
Fannie Mae Cited For Failing To Stop Robo-Signing
http://www.npr.org/templates/story/story.php?storyId=140727079
Dear friends,
I wanted to let you know about a new petition I created on We the People, a new
feature on WhiteHouse.gov, and ask for your support.
Will you add your name to mine? If this petition gets 5,000 signatures by
October 23, 2011, the White House will review it and respond! We the People
allows anyone to create and sign petitions asking the Obama Administration to
take action on a range of issues.
If a petition gets enough support, the Obama Administration will issue an
official response. You can view and sign the petition here:
http://wh.gov/gyl
Here’s some more information about this petition:
Balance the asymmetry of knowledge between litigants and the judiciary before
ruling on issues of structured financing.
Structured financing is a dominate form of finance used to transfer risk,
support financing, liquidity, and the issuance of securities through complex
legal entities. This amalgamation has tremendous benefits but creates
uncertainty when the judiciary rules on issues not subject to strict letter
certainty of law.
Those who utilize structured financing, many of whom, dominate domestic and
global commerce, aware of these issues, exploit said benefits resulting in
massive private gain at the expense of public loss. This is arguably a common
denominator of our financial crisis.
As homeowners and securities investors continue to lose their investments over
what is commonly argued in court as securitization, uncertainty increases,
consumer confidence decreases, and thus, so does our economy.
If you are serious I need you guys to visit the petition I (WE) created and sign
it. Just get it done! I need you guys to forward this to the judges and
attorney’s in your cases, post and share it on your social networking sites such
as Facebook, Twitter etc., e-mail it to family, friends and colleges, blog about
it whatever. If you have any questions I am only an e-mail away.
robertcormier198@hotmail.com
Why should anyone respond to your petition you are one those type of homeowner who only look out for yourself many people have asked for your help with the information you have about MERS and was willing to pay for a copy of your certified copies to help with their cases and you just ignore them its people like you that give others a bad name who knows what that petition is really for I am sure its not to help anyone but you if I were you people beware of what you sign.
http://finance.yahoo.com/news/Fannie-Mae-cited-for-failing-apf-197671809.html?x=0&sec=topStories&pos=3&asset=&ccode=
Fannie Mae cited for failing to stop robo-signing
Report says Fannie Mae missed catching law firms illegally signing foreclosure document
On Friday September 23, 2011, 12:06 am
WASHINGTON (AP) — Fannie Mae missed chances to catch law firms illegally signing foreclosure documents and its government overseer did not take the right steps to ensure Fannie was doing its job, federal regulators say.
The Federal Housing Finance Agency’s inspector general said in a report Friday that Fannie failed to establish an “acceptable and effective” way to monitor foreclosure proceedings between 2006 and early 2011. Government regulators then failed to ensure it was complying with demands that it clean up its programs.
Mortgage industry employees — including law firms employed by Fannie Mae — signed documents they hadn’t read and used fake signatures on foreclosure cases across the country. The practices, known collectively as “robo-signing,” resulted in a suspension of foreclosures last fall and a probe by all 50 state attorneys general into how corners were cut to keep pace with the crush of foreclosure paperwork.
In 2005, Fannie hired outside investigators to look into allegations about faulty foreclosure documents. A year later, Fannie received a report from the investigators that found law firms working for Fannie had filed false documents.
Fannie said it was developing a computer system to improve communication and monitor its attorneys but regulators said they found no evidence Fannie had made any improvements in overseeing its attorneys.
FHFA was created in 2008 to oversee mortgage buyers Fannie Mae and Freddie Mac. To make sure Fannie was doing its job, FHFA has the authority to fire and replace employees; issue cease and desist orders; and impose fines. To date, the agency has not taken any of those actions, the inspector general’s report said.
Fannie and Freddie own or guarantee about half of all U.S. mortgages, or nearly 31 million home loans worth more than $5 trillion. As part of a nationalized system, they account for nearly all new mortgage loans. So anyone looking to buy a home would be forced to pay higher rates on new loans.
The Bush administration seized control of the mortgage giants in September 2008, hoping to stabilize the beleaguered housing industry.
In a separate report released Friday, the inspector general says the FHFA lacks examiners to monitor Fannie. Just a third of its 120 non-executive examiners are federally accredited, the report found. Other federal regulators, such as the Federal Deposit Insurance Corp., usually require all of their examiners to be accredited.
http://finance.yahoo.com/blogs/daily-ticker/president-bill-clinton-yes-american-dream-under-assault-231659873.html;_ylt=As1Mv5IvflNsV5rAKmWY4w67YWsA;_ylu=X3oDMTE1aDFuZ3R2BHBvcwMzBHNlYwN0b3BTdG9yaWVzBHNsawNwcmVzaWRlbnRiaWw-?sec=topStories&pos=main&asset=&ccode= —————————President Bill Clinton: Yes, The American Dream Is Under Assault————————————–========================================================================================
Greetings,
I Am not 100% certain of where to start so i will start with a brief description of my situation and go from there.
In 2007 My Parents purchased a house in the City of Eagle Idaho, (Technically it was a family purchase as myself and my siblings all contributed but were not on the title).
later that year my father was the unexpected victim of a severe stroke. (he survived fyi)
In spite of all of that we continued to make our payments as well as make several home improvements, when the economic nightmare began to set in in this area we decided to be pro-active and alpply for a Loan modification which turned into a never ending slew of Indymac conveniently “loosing” paperwork (We never stopped making our payments) , then late one evening in November 2010 we get a knock on the door and get served foreclosure papers, The Nightmare Starts….
We immediately began trying to contact the company who took over from Indymac (One West) and flat out could not get a call to go through, every time we called we would jump through the automated hoops only to get put on hold wait anywhere up to 2 hours and then get hung up on without the call ever being answered, we later got a letter in the mail saying we were delinquent to a sum of approx $7200, we sent them a check to clear it and nearly 4 weeks later we got it sent back with a note saying “Unacceptable Form of Payment” we tried calling them again with the same results as before, and our next payment was returned with the same note, we got tired of chasing our proverbial tails and went to a HUD Attorney who eventually was able to get through to One West on a 3 way call, the One West Representative was not only “Completely Unwilling to Help at all” but was also needlessly Rude, Eventually we got connected to a supervisor and they said they would send new loan mod paperwork and that would stop the foreclosure, Both us and the HUD Attorney sent in copies of the completed paperwork, a few days later we called the one west supervisor again with the HUD Attorney, and they claimed that over half of the required paperwork that was sent was not received.
We sent it 3 more times with the same nonsense as the end result.
the HUD Attorney also had us apply for HAMP which we were denied, we called the One West Supervisor again with the HUD Attorney and were told that they would no longer negotiate & were pushing through the Foreclosure and also that the amount now required to settle the “Alleged Delinquency” was $30+K.
at that point the HUD Attorney said their was nothing else she could do to help us.
We Contacted our Title company’s Attorney after more unsuccessful attempts to contact One West, they put us in touch with the Trustee Company who was handling the Foreclosure.
To make a LONG Story shorter we ultimately found out that the “Excuse” for the Foreclosure was one payment being 5 days late, and also found out that the actual Loan agency was Freddy Mac.
I Sent notice for both to “Produce the Original Wet Ink Note” so we could verify their right to foreclose which was promptly denied in writing and they proceeded with the Trustee sale in which the Purchaser was “Freddy Mac”
We are still trying to fight this even though we are 1 month past the date the eviction notice had on it, we are still in the house because we cannot find a rental due to the high Volume of Local Foreclosures resulting in Landlords being extremely unreasonable in their “Requirements” to Rent.
We are currently at our wits end and with all of it my mother is under so much stress over the situation that she is getting physically ill from it, and it is also causing severe problems for my father who is disabled from his stroke and was just starting to recover when all of this started (his recovery has been set back roughly 2 years or more by this nighmare).
Any Help will be GREATLY Appreciated!
I’m Not about to let this BLATANT Criminality slide.
Your story is heartbreaking. I don’t know what to say, except that these banksters are heartless pigs. It really is criminal.
I would pursue media coverage. I would reach out to the office of the Attorney General in your state. Send the bank a notarized qualified written request under RESPA and ask for copies of any and all loan-related documents (including its servicing history) and don’t mention the foreclosure. CC your Atty General. See what the bank sends. By law they must be able to tell you where the note is and describe its physical location, if you ask.
From Section 1463 of the Dodd Frank Act: ‘‘(1) IN GENERAL—A servicer of a federally related mortgage [that’d apply to you as you have a Freddie Mac loan] shall not (C) fail to take timely action to respond to a borrower’s requests to correct errors relating to allocation of payments, final balances for purposes of paying off the loan, or avoiding foreclosure, or other standard servicer’s duties.”
Already they are in violation of Dodd Frank because you are actively trying to avoid foreclosure yet they are trying to kick you to the curb. Dodd Frank went into effect in July 2010.
The Dodd Frank Act also amends RESPA so that the bank has 5 days (down from 20) to acknowledge your QWR and 30 days (down from 60) to provide you with the requested copies. From that 30-day limit, they can only apply for a 15 day extension and must provide you with a reason for the delay. I think the best thing anyone can do right now is follow the paperwork until you can’t anymore. The more holes we can find in this shell of an industry, the better.
Make as loud and as public a stink as you can!
I have had very similar experiences with GMAC and WAMU.
ON PROPERTIES WITH LESS THAN 45%LTVS AND ALL HAVING 15YR NOTES.
Prior to anything EVER BEING LATE,, IN WRITING I FORMALLY REQUESTED MY LENDERS TO SIMPLY REAMMORTIZE TO A 30YR NOTE. ***EVEN OFFERED AN INTEREST RATE BUMP!!!
WAMU accepted money for mod and then decided they changed their minds.
GMAC ovvered amount to fully catch up… then sent funds back as they were a few dollars off. We corrected the amount, and sent back within days of receivend letter and funds back. They were sent back to us again AS THEY WERE NOT CERTIFIED FUNDS. MY ATTORNEY CONFIRMED… SENT BACK AGAIN,, RETURNED AS THEY HAD NOW FILED FORECLOSURE.
If you HAVE EQUITY,,, EVEN STILL,,, They really dont want your money,,, They are now getting paid our tax dollars by our government,, and they can still keep running up our tab, so they can steal when the time is right….
TRIPLE DIPPING..
VERY SAD
MLS
Sorry that you an d your parents are going through this. I would recommend you get all your docs and any notices together and find a lawyer to review with. Not worth it to go through modification nightmare w/ your parent’s condition. Agree to let AG and everyone you can know and shame the hell out of these bastards. If you need to file bk to get in front of a judge. If there is a trustee and you can make case let them know they will be sued if it is an unlawful foreclosure. Look for demand letters on this site and others such as beingmiddleclass.org
The tide is turning against them and we have the law on our side.
Dan,
Please file a lawsuit for breach of contract and fraud, to begin with, and various other claims. This is outrageous.
RLW, JD
I’m being foreclosed on by OCWEN, Deutsche, Morgan Stanley and Dean Whitter. OCWEN is the worst to try and work things out. No one speaks decent English in their Calcutta, India call – center and they DO NOT want to help – they want the property on top of their tax-dollars from the FED, tax write off, insurance pay out and title insurance pay out. I get diddly squat – even the FBI agent who contacted me when i sent their local office evidence of fraud said to me “But you didn’t pay your mortgage.” I told him that his grandfather probably worked for the 7th Cav under Custer and believed all the treaties signed with the Indians were devoid of fraud.
This is the biggest land grab since our Government stole the plains from the Natives.
At least my state AG has decided to look into my case.
Forget about the FBI. They are not looking out to help you. However, if you did the same thing to the banks, they would arrest and prosecute you. Just check out the press releases on their website.
I would even say that they are profiling for prosecuting borrowers, while ignoring mortgage fraud by the lenders.
I concur about the FBI. I sent a comprehensive complaint against JPMorgan Chase Bank with proof alleging fraudulent foreclosure practices – up to and including a fraudulent default notice. Because Chase did not have anything to do with my mortgage – while the first page of the mortgage states previously closed Washington Mutual Bank was the concern demanding the foreclosure, in small print on the second page the Notice states that payments to JPMorgan Chase Bank would stop the foreclosure. There is a lot lot more. What did the Justice Department do? Directed me to the FBI to file a criminal complaint. What did I do? Went to the FBI and attempted to file a complaint. What did the FBI do, sent one of its agents to meet me in the lobby of their office. The agent stated that it was against FBI policy to accept any documents – resulting in the agent’s refusal to accept my document evidence. The FBI through the agent refused me access to an FBI supervisor. Folks, every citizen deserves a right to some sort of inquiry into a complaint. My complaint details conduct proscribed under RICO. I am a twenty year police officer veteran. Meaning that I certainly know how to gather and present evidence in pursuit and support of a complaint. And yes, I am familiar with both RICO and the HOBBS ACT.
Bank of America to pay fired whistleblower $930,000
Published: Wednesday, 14 Sep 2011 | 6:04 PM ET
http://www.cnbc.com/id/44524991
WASHINGTON – Bank of America Corp must reinstate a Countrywide whistle-blower fired shortly after the two companies merged in 2008 and pay the employee $930,000, the Labor Department said on Wednesday.
The employee, whose name was not given, led internal investigations that found widespread fraud involving Countrywide employees. Reporting fraud to Countrywide’s Employee Relations Department led to retaliation, the employee told the Labor Department.
“It’s clear from our investigation that Bank of America used illegal retaliatory tactics against this employee,” Occupational Safety and Health Administration Assistant Secretary David Michaels said in a statement.
Bank of America disagreed. “We are disappointed with the ruling and plan to exercise our option to challenge the order,” spokeswoman Shirley Norton said by email.
“The bank’s actions to dismiss were solely based on issues with the employee’s management style and in no way related to the employee’s complaints and the allegations made in the complaint,” she said.
Bank of America has had a rash of problems related to its 2008 purchase of Countrywide Financial Corp, a major subprime lender accused of churning out loans to high-risk borrowers with little effort to check their incomes or ability to repay.
The Charlotte, North Carolina-based bank paid $2.5 billion to buy Countrywide, but writedowns and legal costs have pushed the estimated cost of that purchase to more than $30 billion.
The $930,000 payment to the dismissed employee includes back wages, compensatory damages and attorney fees, the Labor Department said.
I have attached a link from the Albert Einstein Institute. It contains a list of ways to effect change non-violently.
http://www.aeinstein.org/organizations103a.html
Not that I am opposed to the alternative….
Tim Bryant, I hate violence and am all for peaceful protests….many of these suggestions are great at this website but I think at this point our money is what will do the talking….I have believed for a long time that a nationwide tax revolt is in order as well as a nationwide boycott of the banks and use of their credit and debit cards, all credit use should be abolished by the people…..This has to be indivisible from sea to shining sea….. This tyranny cannot survive without all of us paying into their ponzi scheme and we all have to stop paying and supporting this tyranny to effect any sort of change….We also should boycott the MSM until they start telling the truth about the Wall Street financial crimes that have collapsed not only our economy but the entire world economy…..We must all work hard to expose and rout out the traitors of America that are hiding from within our own White House and Congress…..It is said that when America’s economy sneezes, the world economy gets a cold….well America now has pneumonia and the rest of the world is on life support, it is dying…..If WE THE PEOPLE stop paying the tyranny, the tyranny will get it in a hurry…….If AMERICA DIES, THE WHOLE WORLD GOES WITH US, AND THAT INCLUDES THE RULING ELITES EVIL PLANS FOR WORLD DOMINATION……THEY CAN’T SURVIVE OFF OF A WORLD OF RENTERS WHO ARE ALL WORKING 10 BUCK AN HOUR JOBS……AND NO ONE WILL WANT TO INVEST IN AMERICA ANYMORE….THE RULING ELITE, CHINA, AND ANY NATION THAT IS PROSPERING GOT THERE OFF OF THE BACKS OF THE AMERICAN PEOPLE…..AND WITHOUT WE THE PEOPLE, THEY WILL ALL WITHER AND DIE………NONE OF THEIR WEALTH COULD HAVE BEEN POSSIBLE WITHOUT THE AMERICAN PEOPLE, THEY JUST ALL GOT WAY TO GREEDY, TOOK ADVANTAGE OF AMERICA AND DECEIVED US MASSIVELY AND ROBBED AMERICA BLIND…….. FOR THAT THEY WILL ALL PAY A HEAVY PRICE…THEY ALL NOW HAVE LOST THE TRUST AND CONFIDENCE OF THE AMERICAN PEOPLE AND THEY WILL ALL HAVE HELL TO PAY FOR THAT.
We called Citi 7/2009 to discuss other options for escrow. We prepay a year, we pay taxes and insurance when do, etc. We were told it was a state law that we had to escrow. (untrue, but did not know at the time) My husband was going to be getting a pay cut so we were trying to be proactive, (we were and always have been at this point current on our mortgage) Citi told us that what we wanted was a loan modification and they would put us in that and that was the help we were looking for (sure, right) Of course, I had no idea what pandora?s box we had just opened. (no other options were ever presented or discussed with us.
May of 2010 we were denied HAMP. BUT, we were told that was good news, we were actually back to Citi for a traditional modification. Again, no other options were mentioned or discussed with us.
The next month we get a letter to call and make arrangements before foreclosure would start. Of course I called hysterical and was told as long as I was making monthly payments and in the modification process, Citi would not foreclose (haha).
August 2010, Citi mysteriously loses my automatic monthly payment information, does not take my August payment and files foreclosure.
We get served papers and file an answer. 2 weeks later we get offered a modification, my attorney calls their litigation department, and their local attorney (calls were not returned). Modification offer gets closed. (WHAT!)
Another court date is scheduled for foreclosure. I finally got the contact in the ERU dept. Executive Response Unit at Citi and they rush and we get approved for another modification (But worse terms, only lowers interest .6% instead of 2% like previous offer (all income and bills were the same) we sign offer to get foreclosure case dismissed.
After 4 months of on time payments with the modification, we get a letter from Freddie Mac that they do not approve of the modification because of our credit (What!) and a letter from Citi to call to workout arrangements instead of foreclose (short sale, etc)
So confused and no idea what is going to happen next. Just when you think everything is going to work out and you can breathe, it all comes crashing down again. Well, yes, after 2 years of lies, and the run around from Citi, our credit is ruined. (The only payment we did not make are when we called 7/2009 and they told us to make our 1st trial payment in 2 months, I even asked about the missing 2 months and was told they weren?t needed. Then August 2010 when they didn?t take our automatic payment. This is what they filed foreclosure on. (All while I was talking to them 2 ? 3x every week!) After reviewing a ton of blogs and sites today, I will be writing my story and sending it to anyone that will listen, OCC, State representatives, Washington DC representatives, news stations, all blog attorneys in EVERY state, etc, etc!!
Carrie M – Wisconsin
Your story is heartbreaking, especially because you took proactive measures to prevent foreclosure. What you’re reporting is exactly what I fear for myself: The bank somehow “loses” automatic monthly payment information.
The Diane Rehm show has been increasing its coverage on the mortgage mess/lawsuits against banks. Their email is drshow[at]wamu.org. They may not cover your story specifically, but the subject is certainly getting their attention more and more.
Thanks k.b. I have emailed the above address. That is what frustrates me, we were told not to pay for 2 months (automatically puts us in default, then the automatic payment issue) It has just been a run around nightmare for the last 26 months. This modification we are (or supposed to be) under was even done through the ERU (Executive Response Unit) department and not even through normal customer service or loss mitigation so I have no idea what is going to happen next, just posting away, and trying to find an attorney in Wisconsin to have a consultation with and be prepared in case we do end up going to court. Getting my ducks in a row you could say. 🙂
Carrie,
RESPA vioations, for sure, file suit, naming Freddie Mac as co-defendant, in federal court, never state court, as RESPA is a federal statute.
RLW, JD
A letter sent to my Kansas Congressman, Kevin Yoder.
Hopefully you and the KS Senators have finally come to see the reality of the economy and jobs. Drop the religion and abortion issues and really work at putting people back to work, Brownback will keep trying to screw up Kansas.
The politicians from Kansas seem to be mute on the big issues of jobs and housing. Even the KS AG’s silence is deafening on foreclosure fraud. He wants it to go away, he just does not want to work on it. Why is it so hard to see that the foreclosure issue has to be solved favorably for homeowners so that housing can rebound. The banks caused the problem, LET them be penalized. Put some of the CEO’s in jail to send the right message. Forgery, fraud, conversion are all things ordinary people go to jail for —- why not banks? You are an attorney so hopefully you understand this. The banks are making you and other Congressmen look foolish — they are playing you. All they want is off the hook for all the wrongs they committed against America and its citizens. DO NOT LET THEM OFF THE HOOK.
Jobs CAN be created IF you work with the right people. People here will always want to start a business, BUT today as long as YOU let the banks right the rules, no businesses will start. The banks stole the equity from many homes, now those same banks and the SBA still require the same equity to get a loan to start a business — so how does that work??? IT DOES NOT!!!! THE RULES NEED TO CHANGE.
The rich continue to grow at the expense of others. They are not starting businesses, nor are they loaning people anything to start businesses. Giving them lower taxes will not work. HOWEVER, give them an incentive to invest in private companies — not to buy stocks in big public companies. Start a company, create a job — get a rebate or ??? Tie it together — not just a tax decrease. INCREASE TAXES BUT GIVE A JOBS TAX CREDIT OF SOME SORT. That will make the rich put their money where their loud mouth is.
Tell Romney — Companies are not people. While at Bain Capital he had the same problem — DUH. All Bain did was merge companies and put people OUT OF WORK. He has no clue how to create jobs at the grass roots level.
IF the jobs, housing and economy does not show improvement soon —- all of you who stand in the way of changes – will not be re-elected. The obvious arrogance of Boehner and Cantor is killing you. Trust me, I do not like Obama, but the Republicans need to own up to the problems they created and HELP FIX THEM. The Republicans right now are nothing more than a black eye on American politics.
I have just spent 40 or so hours investigating why we could not get a modification and through all of this research I to have written a paper that brings me to the same exact conclusion about what needs to be done and what has been done the hardworking middle class American citizen. I am hoping to send it to any one who will listen and meet with an attorney
The other question that I am asking is what happens to the homeowner who was in the MERS system and pays off his mortgage? If deeds were not handled correctly and assignments were done poorly, one day that homeowner might get a foreclosure notice from the original lender and investor. Now what? What happens when I go to sell my house that has been paid off and MERS is issuing the deed? I now have a clouded title.
Please let me know your thoughts .
MERS does not issue your deed. If you sell your house, you will be signing over the deed. Your issue, as I am dealing with now, is that because MERS has not properly, or even fraudulently, broken the chain of title, you may be liable to the purchaser of your home for not transferring all right, title, and interest in the property. Sadly, you will be liable, though it is through no fault of yours.
This is the disturbing part of activist and/or ignorant judges who uphold MERS standing. They are perpetuating the fraud, and tossing into the homeowners lap.
Hello interwebs, turning to you all and looking for help!
A paid-off property in my family was foreclosed on by an HOA, without due notice. We received an eviction notice from the ‘new owners’ yesterday when we stopped by to check on the empty place that is being shown. We have such little time and any help would be so appreciated.
My Grandmother lived in and bought her condo 15 years ago with cash. Grandma died in 2010.
Her son, my father, was the Power of Attorney in charge Grandma’s estate. Dad was diagnosed with cancer in 2008. When he received notification from the HOA that Grandma’s property would be in foreclosure due to owing one years worth of HOA fees, he was weeks away from passing and was not coherent, so no one knew this was happening. The HOA says his spouse signed for the paperwork, as she was with him along with his children, providing hospice care to him in his home. Dad died in February, 2011.
In about January, 2011, the condo was placed on the market by my father, and was being shown to many potential buyers.
After dad’s death, my sister became the Personal Representative of Grandmas estate in June, 2011. This was after the first notice was sent in February, but before the foreclosure auction of the property which happened a few weeks ago. My sister was not aware that any fees were due, and was not receiving any correspondence from the HOA, because it was being sent to my dead father (The HOA personally knew my father and was aware both he and my grandmother had died).
My sister continued with the same realtor and proceeded to show the property through all of this. The buyer as well as the condo community came into the apartment, saw it was being shown, also used Open Houses from our own realtor, listed it themselves, then finally auctioned it off, all without every telling the realtor that frequently would talk to them as she came into the building to show the unit.
On August 31st, we discovered a note on the unoccupied unit saying there was a 3-day notice to evict. While we are inside reading the letter, someone uses keys and enters the condo stating that he is the new owner, and that he has purchased this unit a few weeks ago at a foreclosure auction. He looks shocked and nervous to see anyone in the apartment, and asks “Are you showing this unit?” We are clearly stunned…I believe they were hoping no one would come by the unit for those 3 days, but it was a huge coincidence we stopped by.
This man begins to try and bargain with us…he wants to “make us a deal” or “work something out” or “bless this sale” or that he is willing to take $10,000 for his time. He was trying to wheel and deal after he had legally purchased a property and seemed incredibly suspicious and nervous.
Obviously, the HOA took the fees owed to them and placed the small amount that was left from the dirt-cheap sale into a trust account for the estate. We have no idea how to proceed and need help quickly. Someone told us that because someone signed for papers in February, that we have no case. But it seems to me as if there was absolutely no other attempted correspondence, and that the realtor was purposely not notified, and that my sister was not at any of the hearings, that something illegal took place in the crazy world of HOA foreclosure.
Please – any direction to Colorado laws on this, articles, or advice will be so so so appreciated. Thank you.
http://www.change.org/petitions/the-banks-immunity-home-owners-securitzation-bank-fraud-predatory-lending
Was re-organizing some things and sat down and re-read Chase’ QWR response received a few months ago. This is funny – in response to question in connection with assignments of the mortgage (which supposedly exist due to different foreclosure attempts filed in different names), Chase’ response was: Check with your local registrar’s office.
This was a “portfolio loan” so their file should show exactly who they assigned it to. Guess they don’t even know, huh? Nothing on file w/the registrar, of course. This would be funny if it wasn’t so sad.
This article (Forbes dated 8/22/11) is concerning, since it appears the banks may not be held accountable. http://news.yahoo.com/bank-americas-no-good-very-bad-enablers-170931303.html
Disgusting. I just went to the websites for the governor and attorney general of my state, and that of President Obama (Whitehouse.gov and then Contact Us) to let them know my stance. You, too, can take 10 minutes online to let your voice be heard. If you don’t let them know, they can’t hear you!
I have been reading all the posts and understand that I need to write to Bank of America, N.A. (California) and ask for the documents that create the securitization of my property including (I think) Mortgage assignment, mortgage, promissory note and whatever other documents I hope you all let me know I need. Many thanks.
I sent a qualified written response to Bank of America N.A.’s Customer Service Correspondence address, which was on a recent “Notice of Transfer” BofA sent.
Here is a URL from BofA with the address for correspondence: http://promotions.bankofamerica.com/respa/
I had my QWR notarized and CC’d many financial institutions (FYI, the duties formerly with the Office of RESPA are now being handled by the Consumer Financial Protection Bureau. However, after further inquiry, I understand the Office of the Comptroller of the Currency is handling RESPA requests, and the CFBP will take over “soon”). The OCC has a customer service address in Houston you can send a copy to. I could not find an address for the CFPB.
Also, please keep in mind the Dodd-Frank Act of 2010 amended RESPA so that the banks have 5 days to respond and 30 days to provide you with the requested documents/information regarding your loan.
AMAZINGLY, the bank got back to me the other day. However, they only sent a copy of the loan history — all the monies they took from us — but nothing regarding the note or securitization. Go figure 😉
You can find decent copies of QWRs online that you can add your own “touch” to, so to speak. Most importantly, though, I would have it notarized and make sure to include your loan number on all documents (I also included the acct number). I numbered and initialed each page. Good luck.
Better yet, I am looking for a sample of SPS’s famous signatory MERS authroized signer Bill Koch
call me 248 247 2408 if you have a sample
I have Bill Koch Documents as “document controller” at SPS. This is from a federal case:
Melanie Cornell v. Select Portfolio Servicing Inc
write me for a copy of the documents which are part of a federal case right now in Sacramento CA. Lot’s a good stuff, expert witness affidavit as to Koch’s various titles and status as infamous robo-signer.
Fraud involving the Obama Chicago residence?
http://www.wnd.com/?pageId=332929
SEC May Have Destroyed Papers on Bank Probes
http://www.cnbc.com/id/44179632
I’m pretty sure the RESPA rules have officially CHANGED FOR THE BETTER thanks to the Dodd-Frank act. A lot of the amendments took effect July 21, 2011. My friend checked Westlaw and said it should be in effect now.
From the Dodd-Frank Act of 2010, section 1463 (the good stuff comes on page 809):
http://www.sec.gov/about/laws/wallstreetreform-cpa.pdf
(c) DECREASE IN RESPONSE TIMES.—Section 6(e) of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(e)) is amended—
(1) in paragraph (1)(A), by striking ‘‘20 days’’ and inserting ‘‘5 days’’;
(2) in paragraph (2), by striking ‘‘60 days’’ and inserting ‘‘30 days’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) LIMITED EXTENSION OF RESPONSE TIME.—The 30-day period described in paragraph (2) may be extended for not more than 15 days if, before the end of such 30-day period, the servicer notifies the borrower of the extension and the reasons for the delay in responding.’’
The rules were also amended to increase the amount of money a borrower can receive due to lack of response, from $1000 to $2000.
I have sent a QWR and never heard back. It’s been almost 20 days, so according to this they have just 10 more to get back to me with the requested documents, or 25 with an extension. WAY BETTER THAN 60!
http://www.reuters.com/article/2011/08/11/financial-regulation-mortgages-idUSN1E7790Q820110811?feedType=RSS&feedName=financialsSector
BofA is on death watch… http://www.americablog.com/2011/08/increasing-bank-of-america-death-watch.html
Just wondering if anyone thinks the new law beginning in Nevada AB 284 Oct 2011 will have a adverse effect on MERS. It sounds like Nevada may be the first to hold MERS feet to the fire, comments…..
MERS should be affected and stopped, as best I understand it. Making Home Affordable Modification Program (HAMP) seems to be the more helpful way to go. My concern is that ab 284 doesn’t take effect until October of 2011.
My biggest worry is for the homeowner who is just fluent in his or her home country language, are still learning English, are citizensof this country and get hornswaggled into signed documents to save them from foreclosure simply because the company advertised in the Spansh media.
BTW, once you get as old as I am (71), you become suspicious of companies who advertise in another language but have the people so attracted by the ads, sign papers in English only.
I am suspicious of companies who just popped up in Nevada within the last 6 months, and seem to change the employees by name online every month. It appears that such a firm as PUBLIC INTEREST LAW is such a firm. I have nothing to do with them–thank God! I am just nosey. I have time. so, I do online research. I learn . Scarey firm. Not even accredited with the BBB. I say: beware. gh
I ReAlLy wish more people would tweet and post these articles. The more the internet is flooding with the posts the more attention we will get. This is one way everyone across the country can make us heard. What the non foreclosures don’t realize is they are ignorant to the ways of our country. America will be known (if not already) as “The Land to steal opportunities”
. None of these bank CEOs and Title Company’s CEOs and their boards should be able to abscond with their illegal gains from the citizens of this country.
This is what forfeiture laws are for. We must recognize the issue and unite. In the 2012 election, It is important that we all pay attention to every presidential candidates funding from banks, title companies and all the crooks that are wanting the Constitution of this country to go under.
If you have an account, you don’t have to “follow” it will give the option though. You should be able to just select “Tweet”, it works like the “Recommend” button for FB. Sometimes the “tweet” (it will post link to your twitter account) will be more letters than can be tweted, so I just take out some of the description but keep the link. Hope it helps, they track internet “chatter” Let them Hear us ScReAm.
Good question
I am not computer savvy with Twitter .
I am sure there are others like me.
I know I pressed the” follow me” button on the foreclosure site but I was lost
as to what to do when I got there, so I never did it again.
So Justice4all can you give us just what it is and how to use it.?
if you go to the Twitter website and create an account, it will allow you to ‘follow’ other Twitter users. for example, 4closurefraud.org has its own twitter username (also referred to as a ‘handle’): https://twitter.com/4closureFraud
once you are registered, you can ‘follow’ @4ClosureFraud on Twitter. Any time they post something, it will show up in your ‘Twitter feed’ (which is what you see at your Twitter homepage).
on Twitter, you can also send “public replies” to users by typing the ‘@’ symbol followed by their username. for example, to mention 4ClosureFraud on Twitter, just type in “@4ClosureFraud” and they will be notified of your tweet.
here are some recommended Twitter users:
https://twitter.com/#!/ForeclosureEvil
https://twitter.com/#!/4closureFraud
https://twitter.com/#!/HousingWire
https://twitter.com/#!/Din_SFLA
i hope this helps.
MERS Changing it Name in Every State
In light recent cases against MERS, MERS is changing its name in every state (to a different name in each state). It is important to find MERS’ new name in your state when researching controlling MERS-related case law in your state.
I do not have the official list of names. I just know that MERS is changing names in each state and is now known in Texas, MERS is now known as ALTEC PROPERTIES, INC.
Fidelity National Title is looking for help in reinventing itself,
since their fruaulent and forged deocuments are exposed
and on the firing line.
I would be on the lookout for similar corruption as Lender Processing Service
and LPS DOCX documents, under a new name.
Loan Service Processing is/has changed it’s name in California to LSPASAP. On their website you must be careful when examing whether or not your house sale is pending, at the proper time and the actual date. Be Cautious they do not use the County issued, Clerk/Recorder’s filed TS# (Transfer of Sale). In many cases, they (LSPASAP tries to confuse the homeowner) by listing a loan number instead and NOT the County issues TS#. Thay have also left off the County TS# (using a false TS#, loan # or system generated number on their documents (I have 5-6 different numbers on separate documents generated by LSPASAP.) They do the same on their “posted” documents at the homeowner residence: They use numbers OTHER THAN the County filed TS#. They also have made “frequent” mistakes on their website) concerning dates and times of proposed sales that are wrongly posted on their website: It is notoriously inaccurate. You MUST check with the County where the sale is to take place and verify the information and document these mistakes. In CA these CAN BE GROUNDS to set aside proposed sales, or sales which were illegally held,) according to my attorneys. I fought like hell for 15 months to get my Mod from Wells Fargo. It’s approved and they have taken my house out of the foreclosure process for now. But, I watch these people like hawks and will NEVER let my guard down. I have fought like hell for my home and won’t stop until my attorneys convince me I am “out of the woods.” God Bless to all of you, The Very Best of Luck to all of you!!! American middle-class people are being robbed because of all of this craziness. We need to get rid of Obama, Congressmembers with over 4 years tenure and almost the entire Senate to return America back to the Americans who built this country before it is too late for our children and grand-children, to have a decent life. That’s NO JOKE! (my best, ce)
405 N.Lakeside Drive, Lake Worth 33460, was financed through MERS.Since then ,
vacant for 4 years,growing termites,rats and mold, as we are near the water..Subsequently wound up in the hands off David J Stern,P.A. of Palm Beach post reported under investigation
reputation, then Case , Court directed to be transferred to Ezra-ben Katz, after Case Management hearing, directed to Kahane & Associates,P.A. in same Town,Plantation Shopping strip.
An elderly couple(80 and 94) Mr.and Mrs. Valenti of Pennsylvania, signed for Kahane & Assoc.P.A.
in good faith, an
all Cash Contract for purchase of 405 N.Lakeside Drive, Lake Worth with $5,000,- cash deposit, which I faxed to Kahane &Asssociates, to that firms’ para legal, Caroline Marquez, formerly with David Stern.
This person referred me to a “Last” Mitigation org.???? with a non-working phone number, 808-737-1192 !
Then an extension 2400 which was not manned.I deal with real frail live humans.
For humanitarian reasons I am requesting your Honor,
that you direct this 3rd Lawfirm to effect the sale of above home to Mireille Valenti(husband Michael, is nearly totally blind , afraid of snow)
a.s.a.p., as they have not much time left, for questionable Law firms created delays.
Please direct them to do the necessary , to effect this purchase.,so that they can move here ,before winter!!
With my most gracious thanks,
I am,
Dee McNamara,Realtor at Realty of the Palm Beaches,Inc.
An elderly couple,clients of mine(80 and 94) has sent a Purchase Contract for 405 N.Lakeside Drive,L.W.33460
with a $5,000,- good faith deposit check to Kahane & Associates,P.A., which acquired control of it,after , removal from Daid Stern,P.A. then to Ezra-ben-Katz, then Court directed to Kahane Associated,P.A.
all in the same location.
This Contract was invited by their para-legal(formerly of David Stern) Caroline Marquez, to whom i faxed it.
She claimed submitting it to Bank United, she asserted to be the owner .
After 2 weeks I asked what progress was made. I was then referred to a”Last Mitigation???” with non working phone number:808-737-1192.
Then to extension 2400 unmanned number.We have no right to play with human lives.
Your Honor, I request for the sake of humanitaruin reasons , that you urge that firm to effect the sale
expeditiously, as my clients do not have much time left, and hope to spend the remainder of their lives in the Florida sun, not in their present Pennsylvania location,.
With my most gracous thanks,
I am,
Dee McNamara, Realty of the Palm Beaches, Inc.
Earlier I asked about Ginnie Mae.
I’ve found what I was asking about. If you need access Ginnie Mae to see if a loan is owned
by it, here is the link.
https://www.ginniemae.gov/lendamerica/searchLA.asp
If you have not checked out the current news about MERS on the MERS website, you should go and
read it.
http://www.mersinc.org/
MERS has been declared a correct beneficiary according to courts in Oregon
and in Montana.
Has anyone seen their Indmac/Onewest statement and notice a charge of “Funds Advanced by IMS”?
The fees are enormous.
for example:
3/18/2011- Total Fees Advanced by IMS $86,048
4/20/2011 – Total Fees Advanced by IMS = $103,410 – (an increase in fees by $17,362)
5/20/ 2011 – Total Fees Advanced By IMS = $158,671 – (an INCREASE in fees by $55,261)
This has been going on since September2010. And getting bigger and bigger.
Sure I am in litigation and they have pulled the non-judicial foreclosure from federal court and refiled it in state court as a Judicial Foreclosure. They are suing me for the house and the amount of the house if they can’t sell it at auction for what is owed. Yes looks like a deficiency (which looks like it includes the IMS funds) So are they trying to double dip for attorney fees by padding my statement and then try to get awarded attorney fees? Any one have a clue on the Funds Advanced by IMS . It all started when I original filed the court papers.
Curious and ticked off about this. My attorney is planning on getting a deposition from the banks attorney on these fees. But in the mean time curious if any one else has seen this.
We were offered a no-cost refinance back 2009, by PNC, but we were told you had to be delinquent to qualify
Was anyone on here told that as well? or Does anyone have proof that when this Government , Making Home Affordable Program first came out, you had to be behind in payments. I know they changed the guidelines after the program was up and running, but I need this research for my case. Any help would be greatly appreciated,
Is anyone familiar with GInnie Mae? Is there a tool bar similiar to the ones at
Freddie Mac and Fannie Mae? I need to verify some information I just
discovered.
Paul D Rogers
Sounds like the court or plaintiff does not have your correct address.
Get a copy of the court docket sheet for your case from the clerk of courts office.
What to do next depends on what state you are in.
You probably need a lawyer as soon as possible.
My name is James. I go by JamesM on the foreclosurehamlet website.
I don’t want to post my phone number here so contact me through the foreclosurehamelt website, and I may be able to provide some insight on what you must do next, how to find competent counsel and how to get your act together. If facing a trial date you need to move fast.
James, I see your Member Page on the foreclosurehamlet website, but don’t see a way on that page to contact you. You can e-mail me @ pigeyex@comcast.net. Thanks! I am in Florida, like you.
ok, left you a Friend request with a message at the other site. I needed to wait to get approved. thanks! I’d love to work something out with BofA, but it would have to include a principal reduction, as I’m significantly upside-down on the house. I do notice they’ve been calling me more and more frequently in advance of this court date.
Link on rent to own, stay in home options.
Not enough on some of these sites to STOP foreclosures but good info.
http://www.foreclosure-response.org/policy_guide/help_families_recover.html?tierid=325
——————————————————————————-
Subject: Fw: Letter to a bank
Date: Mon, 27 Dec 2010 10:00:39
Sent: Sunday, December 26, 2010 8:05 AM
this letter was published in the NY Times. Maybe this woman could compose
a letter to send to the banks for illegal foreclosures.
Subject: Fwd: Letter to a bank
86-year Old Lady’s Letter to Bank
Shown below, is an actual letter that was sent to a bank by an 86 year old woman. The bank manager thought it amusing enough to have it published in the New York Times.
Dear Sir:
I am writing to thank you for bouncing my check with which I endeavored to pay my plumber last month.
By my calculations, three nanoseconds must have elapsed between his presenting the check and the arrival in my account of the funds needed to honor it..
I refer, of course, to the automatic monthly deposit of my entire pension, an arrangement which, I admit, has been in place for only eight years.
You are to be commended for seizing that brief window of opportunity, and also for debiting my account $30 by way of penalty for the inconvenience caused to your bank.
My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways.
I noticed that whereas I personally answer your telephone calls and letters, — when I try to contact you, I am confronted by the impersonal, overcharging, pre-recorded, faceless entity which your bank has become.
>From now on, I, like you, choose only to deal with a flesh-and-blood person.
My mortgage and loan repayments will therefore and hereafter no longer be automatic, but will arrive at your bank, by check, addressed personally and confidentially to an employee at your bank whom you must nominate.
Be aware that it is an offence under the Postal Act for any other person to open such an envelope.
Please find attached an Application Contact which I require your chosen employee to complete.
I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative.
Please note that all copies of his or her medical history must be countersigned by a Notary Public, and the mandatory details of his/her financial situation (income, debts, assets and liabilities) must be accompanied by documented proof.
In due course, at MY convenience, I will issue your employee with a PIN number which he/she must quote in dealings with me.
I regret that it cannot be shorter than 28 digits but, again, I have modeled it on the number of button presses required of me to access my account balance on your phone bank service.
As they say, imitation is the sincerest form of flattery.
Let me level the playing field even further.
When you call me, press buttons as follows:
IMMEDIATELY AFTER DIALING, PRESS THE STAR (*) BUTTON FOR ENGLISH
#1. To make an appointment to see me
#2. To query a missing payment.
#3. To transfer the call to my living room in case I am there.
#4 To transfer the call to my bedroom in case I am sleeping
#5. To transfer the call to my toilet in case I am attending to nature.
#6. To transfer the call to my mobile phone if I am not at home
#7. To leave a message on my computer, a password to access my computer is required.
Password will be communicated to you at a later date to that Authorized Contact mentioned earlier.
#8. To return to the main menu and to listen to options 1 through 7.
#9. To make a general complaint or inquiry.
The contact will then be put on hold, pending the attention of my automated answering service.
#10. This is a second reminder to press* for English.
While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.
Regrettably, but again following your example, I must also levy an establishment fee to cover the setting up of this new arrangement.
May I wish you a happy, if ever so slightly less prosperous New Year?
Your Humble Client
And remember: Don’t make old People mad.
We don’t like being old in the first place, so it doesn’t take much to piss us off.
What a creative witty piece of writing!
And how upset that we are treated this inhuman way.
So sad that it has become a new norm with TBTF.
Even though it needs to be somehow supervised, checked, and controlled, still it is impossible to control every setting and action of the companies we deal with.
Maybe we should forward it to FCC for their consideration?
Those who run the automated world need millions of such introduced into their lives.
Also, excellent letter writing, with complete sentences no less!
It would be wonderful to wake up one morning to know that millions of folks all over this
blessed country have woke up, pissed off from being pissed on for generations.
We could use a nice tsunami of cleansing anger, root and branch cleaning
Many thanks to whomever wrote that wonderful letter!
Dylan Ratigan talking about fraudclosure on MSNBC right now
Take back our homes, our jobs, our country
God Bless The USA
Good information
Any time you call an 800 number
(for a credit card, banking, charter communications, health and other insurance, computer help desk, etc)
and you find that you’re talking to a foreign customer service representative
(perhaps in India, Philippines, etc),
please consider doing the following:
After you connect and you realize that the customer service representative is not from the USA
(you can always ask if you are not sure about the accent),
please, very politely
(this is not about trashing other cultures)
say, “I’d like to speak to a customer service representative in the United States of America.”
The rep might suggest talking to his/her manager,
but, again, politely say, “Thank you, but I’d like to speak to a customer service representative in the USA.”
YOU WILL BE IMMEDIATELY CONNECTED TO A REP IN THE USA.
That’s the rule and the LAW.
It takes less than one minute to have your call re-directed to the USA.
Tonight when I got redirected to a USA rep, I asked again to make sure – and yes, she was from Fort Lauderdale.
Imagine what would happen if every US citizen insisted on talking to only US phone reps from this day on.
Imagine how that would ultimately impact the number of US jobs that would need to be created ASAP.
If I tell 10 people to consider this and you tell 10 people to consider doing this – see what I mean…it becomes an exercise in viral marketing 101.
Remember – the goal here is to restore jobs back here at home – not to be abrupt or rude to a foreign phone rep. You may even get correct answers, good advice, and solutions to your problem – in real English.
If you agree, please tell 10 people you know, and ask them to tell 10 people they know….etc…etc
Mortgage Investors, Inc. Anyone know anything pertinent about this company?
Too Big To Fail is now showing on Direct TV
HBO.
whay chanel # ?
It was showing on HBO 501
Whay channel….doh ! thank you Readdocs, I missed it , but I will see it
Inviting comment on the following prior to dispatch;
June 11, 2011
John McCormick
XXXXXXXXXXXXXXX
Las Vegas Nevada
GMAC MORTGAGE SERVICER
PO Box 969
HORSHAM PENNSYLVANIA 19044-0969
EXECUTIVE TRUSTEE SERVICES LLC
2255 NORTH ONTARIO STREET, SUITE 400
BURBANK CALIFORNIA 91504-3120
Dear Sirs;
This letter constitutes a Qualified Written request as defined by Federal Statute governing the mortgage lending and servicing industries. You are attempting to foreclose on my home at XXXXXXXXXXXXXXXXXXXXXXXX.
Question? You will please tell me in what form my promissory note of June 2006 is being held by the “lender” or “holder of the note” as defined in the note?
Question? Is the note being held in its original form or is it being held as a “Transferable Record” as described in Public Law 106-229, Title II Section 201 of June 30th 2000?
If the note is being held as a transferable Record [and I have good Reason to believe that it is], then I hereby demand my rights under Section201 (f) TITLE II of Public Law 106-229 of June 30th 2000. That is, I demand that you provide reasonable proof that you are in control of the transferable record. Since you have, in the past provided me with several disparate copies of the note and I maintain these in my possession, I further demand that you grant me “access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record”
Sincerely Yours,
__________________________________________
John McCormick
Hello Mr. McCormick, My name is Juanita and after a long and longer battle with mortgage fraud, I discovered MERS Jeffrey Stephan had signed as VP for MERS or GMAC one or the other. Because I had default judgments against all those involved in the mortg fraud ring, I needed only to prove that US Bank did not hold the original title to my home. Actually, the bank should have proven they held the title or note. Well, in the end it didn’t matter one way or the other. They only answered once that they rcvd the loan through a “grab bag” style process from GMAC. I had all my hope in thier case being invalid or dismissed but not here in California. The banks will keep you in paperwork, with questions and answers, depositions that cost me $3000 each time and just round and round until we could not afford to continue fighting a business with ATM machines. So now my family and I after fighting GMAC, Lehman Bro, and US Bank are unfortunately forced to end this and will be literally homeless in a couple of weeks. I did prove mortgage fraud against us, I did nothing wrong, but there is no justice for my family. I fought in civil court for just about 5 yrs now, i stongly suggest you have an attorney file a restraining order against anyone or entity that tries to foreclose on you until you’ve had a chance to prove your case. I believe its called a lis pendis. This will make it much better for you to fight your case without worry about the other side pulling sneaking stuff out on you. Like a bank we never heard of until 4 yrs later saying this is their home. It doesnt make any sense to me how a bank can claim my home with 1 piece of invalid paper. im told the cases regarding MERS are not the same here in California. I wish you all the luck and strength in the world. Dont Give Up!
Good to see you are still positive and helping others.
It seems MERS may not be a strong case in CA unless there have been mistakes or cover up in recording process.
You may want to look at other issues such as predatory lending or fraud in origination process.
Did you have loan audit or appraisal audit done? Try these guys if not –
http://diligencegroupllc.net/about-us/
http://www.mainstreetresolutions.com/ – can do test online
-> their review site http://www.myhomeowneradvocate.com/
Here are some resources they provided
RESOURCES IN CALIFORNIA: (NO COST TO THE HOMEOWNER)
Legal Assistance. (Their names were given to me by a North West Regional Intake Supervisor at HUD)
Housing and Economic Rights Advocates (HERA)
Phone (510) 271-8443
Fax (510) 868-4521
E-mail inquiries@heraca.org
Hardest Hit Program – (Take a look to see if your lender is listed and the income guidelines. This program is new and could help some people)
http://www.keepyourhomecalifornia.org/participating.htm
A Fair Housing Complaint can be more effective than lawsuit I’m told. Still going through process myself.
You too can rent a “virtual office”, just like MERS…and all the other companies jammed into Suite 500
https://www.davincivirtual.com/loc/us/virginia/reston-virtual-offices/facility-848
http://maps.google.com/maps?q=1818%20Library%20Street,%20Suite%20500,%20Reston,%20VA%20,%2020190,%20US
http://www.mersinc.org/contact/index.aspx
Let’s see, a virtual office, no employees, and “members” who claim to be employees. Sounds legitimate !!!
I Just want to vent a little here. I have been contacted by the FL BAR about a modification that was a joke that American Residential Law Group which is own by two FL lawyers Oscar Estevez & Joel Jacobi charged me $1395 and took the money and ran.
First thank you to the FL Attorney General who forward my complaint to the FL BAR. Thank you to the FL BAR for looking into this matter.
Now here is my vent. I am from GA. I have seen so many people on foreclosure sites from FL begging for help. Why is Florida not helping their own? Why is GA not helping their own?
.Two law firms from GA McCalla Raymer & Pendergast & Jones have now open offices in Florida. Are they not making enough money off of GA homeowners who are being foreclosed on?
These firms need to be kicked out of Florida. We all know Florida has enough of their own questionable lawyers they sure do not need ours from GA.
Pendergast web site list at least 100 foreclosure a month on their website http://www.penderlaw.com. I checked yesterday and only one did not have a bid. Who is buying these houses?
Kay Mixson Jenkins, Many of the foreclosures are being purchased by foreign interests. Here in Nevada there are many properties sold to Canadians. Did anyone hear the story on this morning’s new about the federals wanting to raise the minimum down to 20%? That will indeed help their plan to continue the meltdown. It’s time to change the name from “recession” to “Government sponsored depression”. The end game is to create a debt peonage in America. As we speak, the internationalists are attacking Northern Africa with the intent of creating a peonage in that area. It’s time to cut our ties to “free trade” the IMF, and the FED. Tariffs on foreign goods will force the factories ( and the jobs) back to America. Time to change our monetary system!
I agree. The more I get involved the more contradictions there are. Politicians, academia, policy think tanks are all on board w/ pushing people out of their homes. This goes beyond class and party. Liberalism is dead in our institutions (small l) but not in us. We have to go beyond liberty of taxes but think of all of our rights to life and the pursuit of happiness. Strange day!
Real Estate forms for Florida. This site is for investors, but the forms could be used to turn the tables….
http://www.mortgage-investments.com/Real_estate_and_mortgage_Forms/form_fr.htm
I’m here writing on behalf of my mother. She received a letter from BoA (constrictor) today stating her former Countrywide loan — now serviced by BAC Home Loans Servicing, LP — will “transfer to our parent company — Bank of America, N.A.” come July 1.
Her mortgage was with Countrywide, but according to Broward County public record it was transferred to MERS for $10 in 2005 a few months after purchase. She’s paying $2900 (w/ insurance) ALONE, BY HERSELF, every month. And it keeps going up. They even wanted to charge her $3000 to get her now ex-husband off the mortgage, even though she had a quit claim deed, divorce papers, etc etc.
These people are criminals.
She’s underwater by about $30K — not much, but it would help — and she is going to be paying this by herself for a long time, unless we work together. She’s got too much pride to stop paying. We shop smart, her credit is stellar. (To give you an idea of how she is with money, we were watching a Suze Orman special for the first time the other day and Orman listed ever money mantra we’ve always lived by.) My mom deserves better than this. I live at home and I hate to see how heavy this house weighs on her, in turn weighing on me. With my income, we just get by. But we are getting by.
Does this mean MERS will no longer “hold” the note? Is this going to be another $10 transfer, and quash my dreams of filing the paperwork to ask where the original note is? Because I am ready to begin the process.
Any advice is greatly appreciated.
MERS cannot EVER “hold” a note. That would be banking, and they are not a bank. They have even argued that they do not hold notes in court, to avoid having to be regulated as a mortgage broker and/or bank.
Submit a Qualified Written Request to the “note holder” at the address stated in the note itself. If that is no longer valid, too bad for the bank, because they are required to notify you pursuant to those documents, of where to send “notices”. You are abiding by the contract, they are not.
Unless he has died, only your husband or a court can get his name off the mortgage. If that was not specified in your divorce papers, the bank is SOL without his acknowledgement.
If you had a Countrywide loan, as did I, chances are the note and or mortgage docs were never transferred during the securitization process. They are either using info in MERS and / or public records.The probably want your ex-husband off the mortgage so they can draw up an “updated” contract, where you will essence sign away your legal rights to challenge that they have an instrument in the note or mortgage. That is what they do with loan modifications.
Thank you, Tim! I found a copy of a QWR to send from Scribd (looks like there are many to choose from). I’ve read through it a few times, and it seems sufficient. I’ll be mailing it off tomorrow.
Do you know of any language I MUST include in a QWR? And, more importantly, do you think it’s okay to have only one borrower sign the QWR? I can also furnish a copy of the quit claim deed in addition to the QWR if you think it would help.
Thanks again!
Use whatever they have as a template. The wording should also reference your own state’s laws. Whoever is responsible under the note and mortgage should sign.
I am a victim of a loan mod/principal reduction scam. I was contacted in Sep 2010 when the Notice of Default was filed in the San Bernardino County Recorder’s Office. The company that contacted me was Goldenkey Financial Services at 255 E Broadway Glendale, Ca 91205 contact person Daniel Hernandez (818)536-7442 and (213)804-2165 dhernandez.goldenkey@gmail.com. Others there that were involved in the initial meetings and instrumental in the agreement process were Fabian Ramirez and Alex Munoz. We did not know the process at first, we were only told a generic outline of events of how the principal reduction program worked. We later found out that they were working with Qubelink Financial Services at 255 E broadway Glendale, Ca 91205. Other aliases are Globus Management Services, EZ Management Services or Foreclosure Stop. FBN Filing # 20110461339. Initially, we worked with Dante La Madrid dante_lamadrid@yahoo.com (no known telephone #) and then later Ricardo Ligad (818)207-5264 rick@qubelinkservices.com. We were told that the fee was approx $5000 per house to be involved in the program, but we had two houses and we received a discount and paid only $6000 for the both. Sometime later during the process I was asking my wife what was going on and what were they doing. She could not explain so she scanned/emailed me the documents (I was in Afghanistan) and I began to review them and was confused to what they represented. I began to research online particular wording on the documents such as, ‘Accepted for Value’, ’Returned for Value’ and ‘Exempt from Levy’. These particular phrases led me to the whole Sovereign, Secured Party Creditor Movement. I began to learn that they were attempting to, in essence, through the use of the Uniform Commercial Code, Admiralty Law, Trust Laws and Bankruptcy Law capture my “Strawman” account at the US Treasury Dept. in order to discharge my debt with Aurora Loan Services. At this point, I began contacting Qubelink trying to get answers to what this process was and copies of what they were doing. I was met with a brick wall. From the end of May until this date, June 9, 2011, I have been in contact with Ricardo who has been avoiding all my questions and when he did respond he was rude and inflammatory. This is when I ended our agreement and asked for a refund of $6000 that we paid upfront. To date, Qubelink has failed to cooperate or negotiate the return of our monies.
If anyone has any information about these companies or persons contained within please contact me at willsytyle1970@yahoo.com
Keep an eye out for short sale scam as well. Also, CA AG Harris started task force so should file complaint.
http://www.latimes.com/business/realestate/la-fi-harney-20110605,0,7259629.story
“Short sales may be targeted for fraud
A study estimates that banks and distressed home sellers will lose more than $375 million this year when they sell undervalued houses to tag teams consisting of realty agents and investors.”
“But the bottom line here, as seen in the Connecticut guilty pleas, is that short-sale thievery is federal bank fraud. Realty agents and investors who participate in these schemes risk prison terms of up to 30 years, big fines plus restitution of the funds they stole.”
By Kenneth R. Harney
June 5, 2011
kenharney@earthlink.net
Here’s another short sell. …homeowner set up for a foreclosure, and offered a short sell to keep the foreclosure from ruining their credit. The real estate agents/broker and the investor are already set up.
The foreclosure nearly happens leading to the short sell. The investor is already placed, maybe already
put money on the table for the property. A threat of a lawsuit is the only thing that kept the foreclosure
from happening, due to the fact the property owners were never contacted and informed a foreclosure
is imminent.
The criminal act starts with the mortgage payments for 2.5 years being diverted from the account
assigned to recieve the payments. The foreclosure is attempted. In the ensuing 6 months an offer
is made to the owners, making up the missing payments and continuing to pay off the mortgage.
The payments are missing alright, going into another account to make it look the owners had gone into
default.
How many others has had this happen to them? How many have lost years of investment through no
fault of their own, having to walk away after being defrauded. This case happened back in 2005, and
still has had no resolution.
That should be put up in a hall of shame! That’s what we need so people understand it’s not just bad homeowners, MERS etc. The fraud is deep and layered. Need to stay in your homes if it makes sense and verify if MERS or some other layer before you sign or do anything.
This was too funny not to pot. The Fed actually has a Mortgage Foreclosure Resources link on their website…. Does the devil have a link on how to get to heaven?……LOL………….
http://www.federalreserve.gov/consumerinfo/foreclosure.htm
thank you tim!!! they are so funny arnt they. waht a flipping mess. i am so stressed over this. i should sue wells fargo for pain and suffering. thank you for all your help and support through this, the truthy is almost finally out there
We need a little humor every now and then, because this is a very stressful situation. Don’t let it eat you up. Live to fight another day !!! We can learn to laugh at the most ridiculous stories associated with the cause. Consider it like a soldier who goes into war and gets a morbid sense of humor. It’s not that he is an abhorrent person. It’s a humor used for the brain to help deal with a very real high-stress situation.
I don’t like to talk about myself much, but, this one is for everyone on here. I know the effects of what a high-stress situation does to you, since I suffer from Post-traumatic Stress Disorder (unrelated to this mess). If I knew then, what I know now, things might have been different. You need to develop a certain sense of humor, not as any disrespectful or morbid behavior, but as a coping mechanism for your brain. There are worse things than losing your house….your family, your sense of humor, your ability to socialize, and if it gets carried away, your mind or your life!!
When we post some funny comments, or the laughing mouse, take it in stride. It is only a stress reliever. I see comments on here from people who REALLY need to step down and see what is happening to them…nothing is funny. If anyone here is at that point, you need to see a mental health professional. That is not a statement that you are crazy. It is a statement that the traumatic effects of your situation are having negative effects on your mental health. You need to recognize this and seek help. As I said earlier, you need to live to fight another day……OK, I am done.
Ha Ha…
That link was brought to you by………..
Yep The ugly hang together.
This information was prepared by the following federal agencies: Department of Housing and Urban Development, Department of Justice, Federal Deposit Insurance Corporation, Federal Housing Finance Board, Federal Reserve Board, Federal Trade Commission, National Credit Union Administration, Office of Federal Housing Enterprise Oversight, Office of the Comptroller of the Currency, Office of Thrift Supervision.
Tim
I am at the library. I hqave a new Dell lqaptop so it is not my computer that causses me troubles and now being able to post.I think Astirua Federal the bank that sold my property without owning it has a second computer on my Internet line enabling them to watchm alter, screen and delete whatever I do. Yipes.
That 2009 decision was the Appellate Div. covering up for Judge Schlesinger’s Dec 4 2008 decision. Both of those decisions read like an LLPS DOCX document altering the facts and the dates.
From the Appellate dec. I went directly to the NY Court of Appeals and Chief Judge Jonathan Lippman decided on Oct 15 2009 “Miotion for leave to appeal dismissed upon the ground that the order sought to be jappealer from does not finally determine the action within the meaning ofthe Constitution I could not get a final determination.
In 2009 I wrote a little book (19 pages) about what started out with the bank hiding 4 of my mortgage checks to fake a default and then their never ending conspiracy of how to steal property
I have a PO ML- box 154 WEST sAYVILLE ny 11796. if you could drop me a note how to contact you I would love you to read the transcript of what is hapening to me and the part the judges play in foreclosure fraud in NY (even tb c/o a candy store in your neighboor hood.) Thanks m.
tbryant80@comcast.net
As I am not home frequently, it is easier to get a hold of me through email contact. I can send and receive info quicker that way…..thanx
I just sent this letter to NY AG Eric Schneiderman. It is another aspect that needs to be addressed;
Thank You. The following information has been submitted:
Form submitted on June 7, 2011 9:17:24 AM EDT
Personal Information:
Mr Tim Bryant
XXXXXXXXXX
XXXXXXXXXX
XXXXXXXXXX
Comments:
As part of your investigation of
mortgage servicers, you may want to look
into “captives”. These are the banks
offshore facilities they specifically
built as part of the origination and
servicing operations. If they try to
deny their existence to you, here is an
article proving such…
http://www.nationalmortgagenews.com/nmn_
features/vendors-bundle-outsourcing-
tech-1025059-1.html?CMP=OTC-RSS
Hi Tim,
Thank you for sending your comment to the Attorney General.
This is an automatic confirmation of your e-mail to us. Please do not respond to this message.
We received your message on June 7, 2011 9:17:24 AM EDT
Thanks,
New York State Attorney General Web Team
Tim
If there were more Tims we could untangle this massive fraud quicker
I will get back to you on my concerns about where I go from here regarding fraudulent documents since Judge Schlesinger wrote her own fraudulent opinion and five appellate judges covered up for Judge Schlesinger and wrote an opinion with false information and false dates. They won’t care much that the attorneys lied, the judges did it too.(Judge Schlesinger is in the unique postition that should never would have been a Supreme Court Judge, if it weren’t for the fact her husband Tom Nooter is a criminal attorney and a leader in the democratic party and very much a part of the nominating committee for Judges. )
Marilyn,
I thought you might get a “little” relief from this…. http://www.therobingroom.com/newyork/Judge.aspx?id=1117
I just read the 2009 decision in your case. She was pretty brutal in her decision. Your appeal would be timely if it starts tolling from when you first uncovered the fraud….if you can prove it. She may have a different attitude in that setting.
Your link no longer works. The page has been removed.
Page Not Found
We apologize for the inconvenience. The page you’ve requested does not exist at this address.
To report a missing link or to get assistance, please call our customer service department at (800) 221-1809, 8:30 AM – 5:30 PM (EST) or e-mail Customer Service.
Which link was this for?
http://www.ag.ny.gov/contact.html
Tim,
The Mortgage news .com link.
http://www.nationalmortgagenews.com/nmn_features/vendors-bundle-outsourcing-tech-1025059-1.html?CMP=OTC-RSS
Even HUD questioned whether it was a legitimate secondary market transaction. HUD must have forgot about this issue…. http://www.mortgageservicingnews.com/nmn_features/hud-examining-captive-1022486-1.html
Tim,
Off shore makes complete sense, Why would the servicer conduct their fraud here on American
soil if they had a choice.
So much has been exposed in the last 30 days, Keep the faith. The banks are bound to fail again.
Hopefully we Jail the head’s of the snake soon !
Thanks
Read this and tell me if it sounds like history repeating itself….
http://en.wikipedia.org/wiki/Shays%27_Rebellion
I left out that the government has been preparing for another revolution for a while….
http://en.wikipedia.org/wiki/Rex_84
And for those who think the government cannot take back the country from Wall Street, oh yes they can. They have a very powerful tool. It is whether they have the intestinal fortitude to use it for it’s intended purpose, and not to oppress the citizens…. http://en.wikipedia.org/wiki/Posse_Comitatus_Act
“Influence is not government.
Let us have a government by which our lives, liberties, and properties will be secured, or let us know the worst at once.”
– George (the man with a plan) Washington
I feel like that Dan cat in the photo, complete with grimmace and with hand on sword, not weiner, sword. Speaking of A.W., ask our Congressman what he learned this week in show and tell. Specifically, it is always best to start with the Truth…Arnold, Mr. Edwards, would you gentlemen agree? Start with the truth…third grade stuff right?
Right Toni Francis, Bob Hendrickson, Donna Black, Mike Fischer, (v.p of Fraud) and assuming he exists and is a real, not just a robo, ‘executive’……and of course their attornies of Ringert Law, Laura Burri, and their sleazy real estate agent of Real Estate Royale, also of Boise, Idaho. RICO all the way. . . . MetLife is FretLife…known offenders / usual suspects.
Oh and did you see that Rep Bauchus of Alabama has suggested that American’s need less/fewer Federal Programs to help Americans avoid foreclosure. Huh??? Fewer than none? There is no value less than zero.
The Federally Funded Banks being paid to help you and your neighbors are just pocketing the coin…again, the answer is simple, let the People pay what they can afford to their Casino…..and the Casino accepts payments on 30/35/40/45/50 yr schedules and offers Flexpay Programs. No extortion, no perjury, no court cases, no false accusations, just pleasant streams of incomes…..because really, in the end, the Customer, is, once again, always right….. Or the whole system can Buffalo Jump off the cliff, think Road Runner when he Wylie goes just a bit tooooooo far. You know the scene.
Put some Federal muscle around this – Flexpay system and you have a game changer. Then find the last person holding the ‘bag’ on the securitizations ‘products’ (in the World) and offer them full value of their holdings. Then follow the paper/money trail back to the fraudulent ‘Debt Collectors’ trying to double and tripple dip and build a wall around Irving, Texas and ask that the ‘town’ be coverted into a White Collar Crime Conviction Center (no moving costs, most if not all guilty parties are already there).
Then the ‘Orphan Loans’ get picked up by the US Treasury Dept (we all call Timothy our Savior) and three things happen.
1. Trust is restored in the markets (here and abroad), Americans can travel safely again and with coin.
2. China takes a long sigh of relief and stops calling our Sec of State names.
3. The Gov’t begins to make interest income on the protection and restructuring that it provided. Think of it as ‘Medicare’ for the ailing Home Financial Sector – but a heathy (well heeled) version…….. a win/win/win…..hatrick. Complete with lessons for the future so it doesn’t happen again.
Some months you pay more, some months you pay less, alot less….when you pay less you are a customer longer……————-> more revenues for the ‘debt collector / investor / fraudster / thief’ but it is an expense you control, like an accelerator pedal or brake, there is control and flexibility in these times of instability and chaos….. Wouldn’t you would think more business is better??!!
I am not sure where these Casino Bosses went to Grad School, but personally i cannot think of any business to knowingly turn down another 15 yrs of a client’s spend if given he choice. Especially if the alternative looked less attractive by all standards, weights and measures. . . and was referrenced by the American People as “Camp Snoopy’ and “Enron Iron’….. “Killing the American Dream”, “Perjury”, “robo-fraud”, and was conducted knowingly and with malice. These acts should be treated as a most heinous crime. Ultimately, that WAS all we had here in these Unites States- the Dream of a better day and safety that the Courts and the Banksters would have a System of Checks and Balances – that no man was above the long arm of the law. Especially Banks, especially Nationally Registered and Civically Funded Banks. Can you imagine a wheelbarrow full of curreny needed to go grocery shopping…..help hold your legistltive Assymbly accountable for restoring integrity into our Housing and Financial and Judicial Markets. It’s their job. . . you pay them to DO this. Have a check in…..it’s healthy. Your Senators and Congressional Reps WANT to hear from you.
You have a voice, it works, use it. George used his…..
Especially you Mr. Francis. I hope you see this.
The Shay Rebellion is one of the major reasons for the Constitutional Congress resulting in the writing of the United States Constitution.
[youtube=http://www.youtube.com/watch?v=3ImIEcsTEVo&w=640&h=390]
[youtube=http://www.youtube.com/watch?v=23vQjYzyx9Q&w=640&h=390]
[youtube=http://www.youtube.com/watch?v=SHabpxcXK5c&w=640&h=390]
[youtube=http://www.youtube.com/watch?v=7sN974UTZOM&w=640&h=390]
[youtube=http://www.youtube.com/watch?v=OnRCc5qbmNk&w=640&h=390]
The other 4 parts are below
One thing to watch…If any of these federal agencies oversee the foreclosure process, then the “Equal Access to Justice Act” kicks in. You can read the specifics of that law here….
http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+23+1++()%20%20AND%20(
This especially applies to anyone who is being foreclosed on by Fannie or Freddie. If you dig into your securitization, and can find an agency (i.e. Treasury) who is an investor on your loan, EAJA kicks in. This is important to mention to any attorney you may consult with. If the government reimburses the attorney fees, you may not have to pay a retainer.
Tim, what do you mean by “dig into your securitization”? And how do you think it works, with attorney and Pro-se?
You wouldn’t need to go pro se if the government would reimburse your attorney fees. This is how Social Security appeals work. You do not pay the attorney because they get reimbursed. It is worth discussing with an attorney. This would also apply if you apply for an exemption from the SEC under Sec. 29 and they made (or failed to make) a decision which disregards you as party to a securitization (i.e. my personal experience). This would also occur if you have filed a complaint with Treasury that the lender / investor violated the terms and conditions of HAMP. It is Treasury’s responsibility under its’ terms to correct the situation. This invokes EAJA and the Tucker Act, as a government agency has acted (or refused to act) on an issue which directly affects you negatively.
If you dig into your securitization, and find that the government owns your loan (which BTW is in violation of the Constitution), these would also apply. Remember, Treasury and the Fed bought $2T in MBSs. It is also worth noting that SIGTARP has directly blasted Treasury because they created TARP and HAMP with no intention of enforcing it’s protections.
“It is worth discussing with an attorney. ”
Tim, it is simply worth discussing. It can make a difference if we, and the attorney (G-d willing), as well as the judges in our courtrooms,understand the mechanics of this Code. Also, what kind of opposition, stalling, rejection/reversal it may meet?
Have you heard of any actual case where this approach was used and failed or prevailed?
Tim, you are G-dsent to us, “the deadbeats”. And we are proud to have you. Good job!
It seems that you went through thick and thin “acquiring” this.
You have my true respect for sharing.
Liz
Should we register with the Federal Elections Commission as “The Deadbeat Party”?…..LOL
Sort of catchy, isn’t it?
Here is case law describing how EAJA works. I will look for anything more specific to our situations…
http://www.ca10.uscourts.gov/opinions/10/10-8040.pdf
Here is a HUD case invoking EAJA… http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_20393.pdf
I have found that Vets who have been aggrieved on (VA) home loan foreclosures can invoke EAJA in the United States Court of Appeals for Veterans Claims…..
http://web.nccu.edu/law/news/courtofappeals-veteransclaims09.html
Elizabeth,
Here is the case you have been looking for. This case is so amazing, especially in light of TARP and HAMP, and the current foreclosure crisis. Amazingly, it dates to the 1980’s. In my opinion, a foreclosure by Fannie or Freddie, or any entity who received TARP money and/or participated in HAMP, falls under the cloak of EAJA if the government intervention caused you harm. In light of the abuses of HAMP, millions would fall under this….. http://ftp.resource.org/courts.gov/c/F2/743/743.F2d.454.83-2677.83-2038.html
This one ought to scare you… http://www.dsnews.com/articles/lender-processing-services-launches-mortgage-intelligence-product-2011-06-02
That’s not a tool, that’s a weapon.
When at war, the one with the weapons usually prevail. I hope our side finds a WMD soon.
This might become a wmd to be used against the banks, or in spite of them.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1817857
http://www.youtube.com/watch?v=yYTqvYqXRbY
This has already started. And one of the systems that brought this idea about is Ithaca Hours.
Which has been around for many years.
You might want to share this, and see if it inspires others to use such ideas in helping oneself and others.
Correction: the second line of my previous post should read FOUND
TO BE OPINION NOT LIBEL BY JUDGE ALICE SCHLESINGER
I found an interesting site that gives alot of information how Fidelity and its different companies run their operations. It is in a newsletter called The Summit for employees .
Encouraging PEAK PERFORMANCE IIN THE FIIDELIITY PARTNERSHIIP
(look how nicely they word this)
an example: .
With the introduction of Signature Required, we have
the ability to track documents and identify documents that
may have been misplaced and need to be re-executed.
In many cases that problem cannot ever be fixed, as the statute of limitations has run out in getting
that paper work registered and filed before the state time was up. If they were supposed to be in a trust
this means the trust is either deficient or empty.
@ Readdocs
Litton and their embedded LPS employees can come to the rescue, regardless of those pesky rules in the PSA, regardless of the IRS rules, regardless of the NY Trust laws and even regardless of the actual content of the Deed of Trust.
LPS’s initials are on the area of the assignment of the deed of trust as the requestor of the recording. Document to be returned to Litton after recording. The document is dated and recorded 5 years too late. It is generated and recorded after the supposed default and after the NOD was filed. It was signed by Litton’s attorney Debra Lyman in TX. At least, it is supposedly her signature. The document is self-serving since LItton is working for the supposed CWABS trustee, BNY Mellon. It is also a document that was generated after litigation was in progress and appears to be a fraud upon the court. Tisk, Tisk.
That document has Debra signing as the nominee of a Corporation that did not exist in reality and assigning the mortgage to a CWABS Trust from FIVE (5) YEARS before the date of the assignment. The assignment alleges to ASSIGN the NOTE to the trust also. MERS just is not supposed to have that capability EVER. But LPS and Litton Loan Servicing to the rescue!
See? Those pesky problems that can not be LEGALLY fixed are never beyond the ability of LPS and Litton Loan Servicing.
http://www.lsnj.org/NewsAnnouncements/Foreclosure/materials/EXHIBITBSummitvol2_issue3.pdf
An important point, especially in litigation, is to file a criminal complaint if a falsified document is submitted before the court. While you may think that it will not go anywhere, it is useful as a strategic tool against these perps. You can drag them to court, subpoena duces tecum, to explain how these new documents came to be. Here is the kicker…if you have an attorney, they would remind the witness of their 5th amendment rights as their is an active criminal complaint. How much do you want to bet they invoke that right? Once they invoke, you ask for dismissal WITH prejudice, as you have the right to prevent a defense and confront your accuser and their witnesses under the 14th amendment.
If they don’t invoke, then you get a transcript of the testimony and submit it as evidence in your criminal complaint. You also have proof that the crime was committed as part of interstate commerce, was a conspired act, attempted to corrupt the judicial system, and used the mails and/or wires. Voila, you have just proven racketeering. If you lose your home because of this act, you file a RICO action against not only the perps, but now the state and judge for furthering the racket under Title 18 of the US Code.
In today’s HuffPost there was an article about Goldman selling Litton. Here is a very interesting part of the article…
“In March, Goldman said it was considering selling Litton, which the company acquired in 2007. And then in May, the New York branch of the Federal Reserve received a letter from a Litton employee, who said Litton was denying mortgage modifications to distressed homeowners. The New York Fed said it was looking into those allegations.”
Thanks Tim-
yes that is scary but this morning (June 6, 2011) this article made me feel much better !
http://www.seekingalpha.com/article/273420-why-you-should-avoid-these-6-banks?source=msn
We can only hope BofA goes bankrupt….LOL. The world would be a MUCH better place.
So I thought I was dreaming…stranger than fiction and happening now…..
I get a UPS (thick) ‘please don’t call the po-po on us’ the Executive Office of American Home Mortgage Servicing , Inc. (now in Bankruptcy) of the soon-to-be infamous center of our ‘piggies at the trough who just couldn’t help themselves….or Fur Closure HQ – a.ka. Irving, Texas’. Let’s just say their ‘tone’ has changed. Incidentally, so has the tone of the Law firm (to be unnamed) of Colorado, hired to falsly est. basis to ‘collect’ on an ‘already sold’ loan. (repeat the ‘already sold’ for emphasis and accuracy. I believe as a songwriter or playwrite might include a 3X – 5x in the ‘director’s notes collumn’…….
Yeah so like we are all ‘6th Sensing’…..the tide has now gained momentun asevidenced by my little office chat with the (other RICO-esque party) Northwest Land Services (the foreclousre ‘executioner’, the ones who actually schedule the sale of your home.
They are evil spitited too, and usually say things like:
“Sorry Maam/Sir, there just insn’t a THING we can do, unless your (Servicers/Debt Collector – fill in the name of your favorite sleazy mortgage Co. / ‘Prank’ here) ”
“We are proceeding with the Sale of your home at the direction of (see above) and unless and until you come to us with final settlement of $(many thousands of dollars plus fees on top of fees on top of fees – think Signapore tax/tax/tax) we WILL BE SELLING YOUR HOME.
Yeah, you could of heard a pin drop when I told them they too were just reported (by yours truly) to the FBI et al…. they were like “you know about M.E.R.S.?……….(silence / prego pause / more awkward silence).
ME: “More than I should.”
THEM: “Oh. (silence)”
ME: (listening for pin drop) “Hello – are we clear?”
THEM: “Yes.”
Then I walk into the house and get this – no, I’m no lying – there is Andrea Mitchell of MSNBC covering the story of a (are you sitting down), a Sherriff’s Department Team of Officers raiding (still sitting down) a Bank of America upon receipt of a Court Order to enforce the collection and sale of (yes you are are starting to get it) the Bank’s Assets…..chairs, printers, file cabinets (frem the Atty’s mouth, my new hero). It appears Bank of America illegally foreclosed on a family, judgement was reversed with penalties and reimbursement of attornies fees, Bank of America tried to skip out on the Atty fee part, (huh, they just charged me $140 in fees and I had to pay, okaaaaaay?!) and the Defendant / turned Victor/Hero filed for Enforcement. So when the cops go into the Bank, BofA takes out a ‘new’ Songsheet, and begins singing…. I was LMAO, then I got up and LMAO again. I wondered if I could post about it….or was I censored and booted????…..and well here I am.
The message, if you think you are being illegally foreclosed upon, or if you would like to protect your RIghts and likely those of any party(ies) who may be holding a “Purchased Deed of Trust / ‘A Product'” or interest (financial or otherwise), well, you get it…..stop them from hurting themselves, report to your local Police Depart (with evidence and a ‘Victim Impact Statement / Sworn Statement’ get it notarized and offer it to your PD – they will appreciate it and your report will be more accurate then trying to recall all details in front of a man/and or woman with a gun and or taser….. get it down on paper first. Got it?
Ok… so let’s see what Bank of America has to say about losing it’s perverbial ‘shirt’ to the Sherriff’s Department. I am not making this up. I couldn’t. And the Universe also has a light side. Keep it light. and never give up. Ever. Now go watch MSNBC and see if it has looped. 12:31 = 7
This is another prime example of the old saying, “knowledge is power”. These entities prefer to fight unarmed opponents.
Goldman Sachs trying to get rid of Litton Loan Servicing…
http://www.nationalmortgagenews.com/blogs/hearing/goldmans-relationship-subprime-1025051-1.html
Bank of America is now moving mortgage servicing from B0A Loan Servicing to Bank of American NA.
Has anyone here had their mortgages transferred to the parent company–from BAC to BofA, N.A.? Why is this happening?
With some BAC second mortgages, a transfer notice stated that the loan went to Bank of New York Mellon, but servicing remained with BAC. BNY Mellon called itself the “new creditor.” About a week later, BAC transferred servicing to the parent company, BofA, N.A.
Has the parent company EVER serviced loans? Why now? Why transfer loans already in foreclosure?
The interesting thing is that under the UCC, as I understand it, if a bank takes a loan already in default, the bank becomes a debt collector, and debt collectors cannot foreclose. (If this is incorrect, someone please correct me.)
Cindy,
Send a QWR to BNY Mellon. Ask them for a copy of the sales contract for your loan including, the terms, conditions, and consideration. If no money was paid for your loan, it was not legally sold for value.
I have just received my letter from BAC home loan servicing, my loan is going to BAC NA as of July 1. Let me ask you this…..They did the first fraudulent assignment of mortgage from MERS to BAC home loan servicing, now what ? can I expect another fraudulent assignment to BAC NA ? Doesnt this further cloud the title of my house ? are they digging a deeper hole for themselves ? I just dont understand why they would be doing this, there has to be a reason !! The plaintiff in my case is BAC home loan servicing can they no longer foreclose on me since they no longer own the loan ? I am starting to get confused ! ha
You said they were the “plaintiff”. Assuming an action is already in the judicial system, submit a motion for summary judgement as the plaintiff is not the real party in interest. They cannot do a transfer or assignment, after the action has been initiated.
You can research numerous cases which have been dismissed on these grounds. Usually, they are without prejudice. This means that they can refile.
I’m not certain if everyone here is on top of the fact that both SERVICING and NOTE OWNERSHIP are moved SEPARATELY. Servicing can move without any change of ownership. Ownership can change without a change of servicer.
As far as a change of the OWNERSHIP while someone is being foreclosed by the SERVICER. Hmmm. SOME courts do not allow the servicer to foreclose, some do. Documents may actually show the servicer is foreclosing on behalf of the owner. If it is being done by the servicer on behalf of the owner, and the ownership changes, the court might allow the docs to be amended.
Now if it is a BANK that is the new OWNER, you need to check the laws. I recall reading something recently about a transfer to a bank of a defaulted note falling within the FDCPA and that the result was the bank came into play as a DEBT COLLECTOR. The rule that was being cited did not allow collection via foreclosure. You need to check this rule. It is also in the BK laws about a debt collector I believe. Check the ‘strong-arm’ rule there.
Hell no,
I just found an article on an industry website that is making me question whether the lenders EVER “own” the note. You MUST read this. It is very telling….especially the “offshore operations”….
http://www.nationalmortgagenews.com/nmn_features/vendors-bundle-outsourcing-tech-1025059-1.html?CMP=OTC-RSS
Tim
My computer is hacked into I have to wait to go to a library to put my reply in to you.
Today being Sunday the library is only opened short hours and busy so not today.
Bryan posted this below, but this link is very important. I wanted to put it up top for all the people that are new to the site…. https://forms.house.gov/oversight_majority/webforms/financial_tipline.html
thanks tim i sent a letter yesterday and today. about the securitization of these loans and not educating us about securitization was fraud and all our loans are null and void.
Thanks Tim! Here is a copy of my note to the congressman.
Dear Rep. Cummings,
One over looked aspect of the foreclosure mess is the artificial support of housing prices in the US by the misreported and misidentified transactions between the foreclosure mills and fannie and freddie. Here in Nevada, the transactions reported by Fannie and Freddie as “sales” are not sales but merely transfers of interest between the parties. These “ sales” are reported at the price of the defaulted loan, rather than at the price of the property value. The “sales” are then picked up by AVMs Automated Value Models) ( think Zillow) and are used to support an unreal assessment of market conditions.
The issue is further complicated by Fannie and Freddie’s status as GSE who are or are not “private companies” . As a government agency the entity should pay no transfer (stamp) tax in Nevada. However just the other day Mr. DeMarco of FAHA stated before congress that Fannie and Freddie are “private” companies and therefore not subject to the FOIA mandates. (Page 8
Subjecting Fannie Mae and Freddie Mac to FOIA) http://www.fhfa.gov/webfiles/21318/Demarcotestimony52511.pdf
If they are private then they may owe us some taxes and if they are public then why are they not submitting to the FOIA mandates?
Is it not time that we returned to the American system of finance as described by Carey in the 19th century?
BTW more than a year ago I attempted to find the identity of the lender as defined in my promissory note by putting in a FOIA request to HAFA. I still have no idea who the “lender is” and I have a right outlined in the note to be conversant with the “lender”.
Thank you for your attention,
John McCormick
John,
Great letter !!!
Thank Bryan….he found the link and posted it for us.
Tim – I’m glad to see you posting. Last night when I watched the weather channel I thought about you and I’m sure alot of others did too knowing you lived up in Massachusetts. I sent Cummings my little book on my nightmare I hope they are really going to help us.Can’t they go faster than turtles.?
I made an error in the last post. HAFA and FAHA should have read FHFA………… Federal Home Finance Administration
Thanx, I live in a suburb of Springfield, so the tornadoes came our way. The only thing I lost was my phone and internet for a day. The next town over from me is a mess. When you see it, you realize how much your home means to you.
Thank You Tim, I am writing a complete letter. I hope everyone that can will just flood him with their cases
I hope everyone visiting this site takes the time to submit their horror story. Also, any evidence of legal, judicial, or legislative misdeeds should be sent to that site as well. Rep. Cummings is the best defender we have on the hill.
Mike,
You should submit an invitation to view this website to Rep. Cummings. He will see the mass of issues everyone is dealing with. It may be very informing.
thank you all! my husband has been silent through this because it is me that is on the internet fishing. trying to stay alive. we have alot invested in our home and i would not walk away. he has said to me on numerous occasions why we can not all combine on some facebook page like egypt. and try to get a protest together on each of our individual capiyols on the same day. stregnth in numbers. i feel when i go to court and have to stand of this judge i am alon and naked it can not be that way. wells fargo can be aloud to win a free house from me. what they have done is a federal crime. lieing , cheating and stealing to win a free house.. lieing at contract, lieing as a servicer and lieing in modification. lieing to all government entities to make it same like we are the bad deadbeats when they told us to stop paying. all crimes. please we need to find some way to combine efforts and stop this foreclosure machine.
http://news.firedoglake.com/2011/06/01/wall-street-journal-figures-out-massive-chain-of-title-problem/
Housing expenses, similar to other basic necessities, has to be a reasonable percentage of a person’s take home pay. But home valuations are still too high because of the bubble. The bad banks have to be forced to write down/off these overpriced assets. Only then can the prices come down to realistic levels.
Great article. If Oregon succeeds, the Constitution, and the Judicial system, will effectively be obsolete…
SITE SEARCH
The Oversight Committee is currently conducting an investigation into the foreclosure crisis and is interested in any information that may help further the investigation.
The Oversight Committee has the highest respect for confidentiality. As such, we respect your need to remain confidential and will use your contact information only to follow up with you regarding your submission. If you do not wish to provide contact information, you may leave the contact fields blank.
Message to Ranking Member Cummings:
This link to Nationwide Title Clearing’s website clearly shows how assignments and transfers are not done by MERS employees, or by the true party of interest in mortgages.
http://www.nwtc.com/services/Loan_Transfer_Assignment.html?SI=1_16
COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
U.S. HO– USE OF REPRESENTATIVES • 2157 RAYBURN HO– USE OFFICE BUILDING • WASHINGTON, D.C. 20515 • (202) 225-5051
I spent nearly an hour on the phone with the FBI today (SLC – Regional) reporting my abusers (Robert Hendrickson of FretLife / First Horizon, Tony Francis formerly of First Horizon and Mike Fischer, also of FretLife). At the end of the conversation, I was not given a report number but was told that my $300,000 in losses and 10 yr sentence to Bad Credit Land was not really enough of a ‘loss’ for them to go much further, but the Duty Agent did say they would review it. I informed the Agent that although it was not a massive amount to the Bureau, they were my last stop toward Justice and the amount did represent 5 yrs of my blood, sweat, tears and over 26 yrs of my Roth IRA savings – spent on the remodel to save the house. I then said if we as Americans are losing billions to these scammers / criminals. Look for my book on the subject Fur Closure… the high cost of white collar sloth….
Board – this is the place, the battleground for saving this Country and what it stands for (stood for) when our grandfathers and grandmothers had their run in with evil – remember that? Had they lost that one, this text would be in German. Well, I would have been gased, I would have had no Rights. That is the bad/sad news.
The good news is that miracles do happen and well, at $15 Trillion in the hole and China et al. staring down the US (read: clean up your act America or we will do it for you) – times are changing and in the Year of the Rabbit, we need change to bounce/hop quickly then settle.
I am calling on all Law Enforcement to take our indivual claims seriously. Together they amount to global losses and issues – worthy of the Justice we as Americans stand for.
Tim, thanks for holding the tillar while I slug away. I am awaiting news about Emergency Federal Foreclosure assistance that I qualify for but that is being dolled out by Republican minds that don’t like to help anyone (read: I may get my day in Court afterall) – Fur Closure round II. Basically, am calling American Home Mtg Servicing on their bluff. They have no basis to accept my full mortgage payment and NOT apply it to my loan. I will be calling Boise Police Dept to file fraud complaints tomorrow. Keep the pressure on these criminals – all of them.
Also, if you bitch about America, remember, YOU chose not to vote. Teach the youth that only in America can you vote freely or run openly. . . Watch next fall, the election will go to the ticket that resonnates and today we can all see that Palin / Trump / Christie / and Boner are all a bunch of clowns…recycled losers letting the world down and those millions who have come to this land in hopes of being free from oppression.
Remember what I said a year ago, if the Casino was allowed to cheat (not stack the odds, CHEAT) then they would have the Nevada State Gaming Commission all over them. No winners, cheating houses, no casinos…..just sand. Keep that in mind. We are all very temporary – in the big picture.
Fight on! The rock is about to break – the sword is moving… Call you local FBI and/or police – let them do their job. Help take a bite out of (white collar) crime. I hope that Eqgyptian pig, that Italian pig and that French pig all get their full plate of Justice. They can’t help themselves but in America – we still have laws and fighters. . .
I hope you each have taken a bit of hope and courage away from this board, I have. Tim, you still rock. . .
Oh yeah, remember what was fought for in 1814 in Baltimore. Those merchants sank THEIR OWN ships to block the British….. then fought ALL night and yep, it was still there in the am. We got em on the run now… we DO. DONT YOU FORGET IT. T-bone -RA 777
what is happening to the United States is what happened in Nazi Germany.
Google the enclosed : ( it comes from CBS BNET)
Home / FindArticles / Reference / Vanderbilt Journal of Transnational Law / March, 2004
Imperfect justice: looted assets, slave labor, and the unfinished business of World War II
by Stuart E. Eizenstat Home / FindArticles / Reference / Vanderbilt Journal of Transnational Law / March, 2004
Imperfect justice: looted assets, slave labor, and the unfinished business of World War II
by Stuart E. Eizenstat – US Ambassador to the European Union,
Comments .12345678910…
15Next ..I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe–in Switzerland–to keep them out of Hitler’s clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of German and Austrian employers and were never compensated (most of these, by the way, were non-Jews in Eastern Europe); those whose hard work, businesses, and apartments were confiscated and never restituted after the war; those whose insurance policies were never paid; and more broadly, those whose entire culture was stolen from them. It is a story of how some of the world’s most powerful corporations were finally held accountable five decades after the end of World War II. It is a story of political intrigue, of diplomacy at the highest levels, involving our president and the heads of government of a number of European countries. It is a story of threats of sanctions by state and local authorities, and a story that involves a colorful cast of characters reminiscent of a Shakespearean play.
It started for me on a typically wet, dreary January day in 1995 when I was in Brussels serving as the US Ambassador to the European Union…..
Comments .12345678910…
15Next ..I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in the safest banking system in Europe–in Switzerland–to keep them out of Hitler’s clutches (for fifty years after the war, they were unable to recover them); those who were forced into brutal slavery and forced labor at the hands of German and Austrian employers and were never compensated (most of these, by the way, were non-Jews in Eastern Europe); those whose hard work, businesses, and apartments were confiscated and never restituted after the war; those whose insurance policies were never paid; and more broadly, those whose entire culture was stolen from them. It is a story of how some of the world’s most powerful corporations were finally held accountable five decades after the end of World War II…
Well said. The people WE bailed out, spit on us. The people WE elected, ignore us. Now is the time to be more vocal, to them and the media, get the word out, WE demand to be heard !!!! Do not beg or plead for their consideration, DEMAND it !!! We are past the pleading, which we did to our detriment. Make these worms squirm.
I have been trying to find my “pool” in EDGAR with no luck am I missing something in here?
Chase funding Mortgage loan asset-backed certificates,series 2004-01 , is what it says on the assignment they filed in court.
I ran it under chase and could find a few but not the -01 for 2004
EDGAR is for SEC filings. It may be a Private offering security, in which only Chase can answer that for you. Send a QWR…
Hello! In connection with privacy issues and the release of information to third parties – it is also important to check service agreements & applications. Many firms will sneak in text that says the applicant agrees to the release of data to affiliates or non-affiliates that “may offer services of interest…” (or similar language). The applicant is then forced to opt out of the sharing…often is missed, of course. So, we have to opt-out later via an 800 phone number or letter. Often times, folks are thereafter surprised to find themselves being solicited by these other companies.
I’m not in the mortgage business (uh, I have a soul…), just work in the compliance field. Also the victim of fraudulent mortgage. I write privacy policies as well. It slays me when regulators will beat up small entities for privacy infractions (most are unintended errors) but these large entities seem to skate unless there is widespread issues/fraud involved in the data release.
Check apps/service agreements – report violations of the Federal Privacy Act (just another thorn to add in the violator’s side). Keep up the good fight 🙂
For those in Florida…
Is there someone who used the mediation. Would you want to share your experience?
The site http://www.rmfmp.com says: “Because of the high number of mortgage foreclosures in Florida, the Supreme Court of Florida has issued an administrative order to all lenders that requires them to seek mediation of the foreclosure proceedings prior to bringing the case to the courts.”
Florida Consumer Protection Laws can be found here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/0501ContentsIndex.html&StatuteYear=2010&Title=-%3E2010-%3EChapter%20501
Also, Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXIII#TitleXXXIII
What is this? Mortgage Investors, Inc. offering refinance to newly mortgaged home owners. Without solicitation calling these new home owners refinancing without any real closing costs or credit check.
They are using the VA to obtain lists of new VA financed home owners, offering refinance of loans attached to the interest rate of government T Bills.
Is this just another round of mortgage fraud?
Don’t you get a kick out of all the unsolicited mail you get from other banks to refi, while your trying to do a mod or avoid foreclosure? Where do they get that info?
I have the same question. I receive a lot of similar offers stating that they got it from the “public records”.
This is especially strange because nothing has been filed in the Clerk’s office.
Then, where from???
It is either coming from the banks themselves who have a fiduciary responsibility NOT to disclose your personal information, or the credit reporting agencies who are not allowed to allow access, disclose, or sell your personal credit information without your approval.
Tim, what steps may be appropriate now?
Also, if someone else is in the same situation in Florida, may we complain as “a class”, or better do it on the individual basis?
Tim, G-d bless you, your family, and all those who don’t give up fighting and defending.
It’s strange, this couple who just closed in October, and moved into the new house in March were contacted by phone by Mortgage Investors, The representative ask if he could come to their home and
explain to them why refinancing would be to their advantage. This is a brand new mortgage, and already they were being solicited, not through the mail, but via phone. Plus, since this was a VA loan, how did this company get their information. The VA does not give out that kind of information. And it was said the VA
gives them a current list of those who had used VA loans.
So where’s the wrinkle in this mess, and it’s there.
BofA manages the VA loan program, so what else would you expect out of them?
Wow! Thanks Tim.
They’ve got their fingers in every thing don’t they.
Mortgage Investors, Inc., hires GMAC (Ally Bank) as the servicer.
Fox guarding the hen house.
http://realestate.msn.com/blogs/listedblogpost.aspx?post=f3b95136-53f0-4954-b96a-95e00f8fa648>1=35000
Banks to pay service members for improper foreclosures
2 lenders agree to $22 million settlement with 178 families who lost their homes in violation of U.S. law that was supposed to protect the military.
A recent article, at Bloomberg.com contained the following:
‘Bad Things’
New York Attorney General Eric Schneiderman is investigating banks’ mortgage securitizations, and California Attorney General Kamala Harris announced May 23 that she has established a mortgage fraud task force.
“It’s clear that servicers have done a lot of bad things and they haven’t been called to account for it yet,” Eggert said. “A state attorney general who really wants to do some digging can find a lot of bad actions by servicers and the question has always been who is going to do the digging and who’s going to find what facts are there.”
Excerpted from http://www.bloomberg.com/news/2011-05-26/bofa-targeted-as-states-step-up-pressure-in-foreclosure-probe.html
Why do not investigative reporters ask simple follow-up questions? Questions demonstrating a pre-investigative grasp of the subject matter at hand? Why don’t they develop contacts at multiple financial and government organizations to pose these questions to?
Questions like “How Many of those ‘bad things” you just mentioned were in actuality “alleged illegal actions” by the banks, their mortgage servicers, or the multiple law firms who represent the banks and their sub-contractors?
(A side question: Do editors or the attorneys of publications “prevent” their “investigative reporters” from asking “certain types of questions?)
Follow-up questions like these?
Aren’t forgery and perjury prosecutable crimes?
If executives of financial institutions authorize or oversee the establishment of computerized, systemic administrative procedures that effect these crimes on a massive scale, subject to indictments for criminal action? Why or why not?
Exactly what are the “bad things” that have been done?
Is the destruction of mortgages and deeds to secure debt and/or the loan notes themselves some of these “bad things”?
Is the non-statutory circumvention of local property records a violation of the law?
Does the non-transfer of “anticipated” mortgages/deeds-to-secure-debt to “trusts” constitute an illegal action against investors who purchased “mortgage backed securities”?
What are the U.S. income tax consequences of not “doing things correctly”? Does the IRS have an actionable interest in pursuing tax fraud?
Have specific politicians benefited from a “conflict of interest” relative to our financial meltdown? What are their names and what are/were the conflicts of interests? Are these “bad things”?
Have taxpayers and homeowners suffered real financial loss at the hands of financial corporations or the executives of those corporations? What are the names of the corporate executives who have been complicit in these matters?
Is it illegal to name tens of thousands of individuals or corporations as “vice presidents” of companies if none of these individuals have received W-2 or 1099 income for their “services” or “labor” from these “employers”? Are there prosecutable crimes associated with this kind of “systematic manipulation” of financial transactions? What might those “bad things” be and what laws address such crimes?
Have “academics” been paid “paid” to publish papers or “opinions” that have been used by financial institutions and politicians to “justify” the financial actions that have imperiled the economy of our nation? Are there conflicts of academic ethics involved in this kind of “extracurricular entrepreneurship”? What are those conflicts, and what are the possibilities of liability to the individuals or to the “institutes of higher learning” who employ these “academics.” Are there other consequences that these “academics” could be subject to?
What organization(s) and which individuals created the “processes” that have undermined the legal titles of the homesteads of millions of property owners in every state of our union?
Why is there a dearth of answers to questions like these? Is it because “investigative reporters” haven’t learned enough about the issues at hand to ask “real questions” … the answers to which have consequences… or rewards? …like a Pulitzer prize?
It is Willliam P Foley CEO of Fidelity National Title, former Chairman of LPS DOCX that paid the key pivotal role in creating the processes and organization that stole millions of properties from the people.
How was this massive fraud accomplished? investigate William P Foley and his Fidelity entities, his network agreements ,his connection to the courts and to the land records and you will see how this fraud occured.
Great post! I’ve been trying to go in direction of basically doing our own investigative reporting and start holding officials as well as Wall St accountable. I’m still in development phase but getting close if I don’t have to keep fighting off the dogs! Fits in with overall information service I’m hoping to get off the ground. Any lawyers, non-profits, agencies would be target. Anyone that may be interested in developing or using information service let me know. Recent LA Times articles on double dip etc almost completely ignores fraud issues. Will be approaching smaller newspapers and work my way up.
Anyone tried Fair Housing Complaint?
Another reference http://diligencegroupllc.net/2011/04/intra-racial-discrimination-predatory-lending-fair-housing-complaints/
Would you help to find a pool that has my loan (BAC, Freddie Mac, refi in July 2007 by Countrywide)?
3 QWR’s did not move a thing at BOA.
Liz
I would like some help in this area as well, lending tree,countrywide,bac home loan servicing. The plantiff stated that the loan was not securitized but we all know that countrywide securitized 95% of all their loans and kept the NOTE !!
I sent a QWR in September to BAC, no response. My attorney sent a RESPA / TILA letter in March, no response. Attorney has now sent a 93A demand letter for $350,000 in damages (93A is the MA Consumer Protection Law). If they fail to respond to that, it is treble damages. They have lied to so many that they are actually putting themselves in a corner.
Matt Weidner has a great article to find your pool…. http://mattweidnerlaw.com/blog/2010/05/finding-pooling-and-servicing-agreements-is-key-to-killing-your-foreclosure-case/
can’t find mine in edgar any ideas?
Chase funding Mortgage loan asset-backed certificates,series 2004-01 is what it says on the assignment they filed in court.
Tim, is there equivalent demand letter I could write or have lawyer write in CA that you know of? Thinking I need to wait 60 days from 4/5 if no real response. Thanks!
I’ll see if I can find anything for you.
HammerTime,
Saw this state law while looking for Consumer Protection law. It seems specifically written to cover the banks asses. If you read it, it is so illegal and unconstitutional. It even states “negotiation” is effective even in the event of “fraud, duress, or mistake”. This is entirely contradictive of the UCC, and the 14th amendment. Someone should notify their legislators of the illegality of this provision.
COMMERCIAL CODE
SECTION 3201-3207
3201. (a) “Negotiation” means a transfer of possession, whether
voluntary or involuntary, of an instrument by a person other than the
issuer to a person who thereby becomes its holder.
(b) Except for negotiation by a remitter, if an instrument is
payable to an identified person, negotiation requires transfer of
possession of the instrument and its indorsement by the holder. If an
instrument is payable to bearer, it may be negotiated by transfer of
possession alone.
3202. (a) Negotiation is effective even if obtained (1) from an
infant, a corporation exceeding its powers, or a person without
capacity, (2) by fraud, duress, or mistake, or (3) in breach of duty
or as part of an illegal transaction.
(b) To the extent permitted by other law, negotiation may be
rescinded or may be subject to other remedies, but those remedies may
not be asserted against a subsequent holder in due course or a
person paying the instrument in good faith and without knowledge of
facts that are a basis for rescission or other remedy.
3203. (a) An instrument is transferred when it is delivered by a
person other than its issuer for the purpose of giving to the person
receiving delivery the right to enforce the instrument.
(b) Transfer of an instrument, whether or not the transfer is a
negotiation, vests in the transferee any right of the transferor to
enforce the instrument, including any right as a holder in due
course, but the transferee cannot acquire rights of a holder in due
course by a transfer, directly or indirectly, from a holder in due
course if the transferee engaged in fraud or illegality affecting the
instrument.
(c) Unless otherwise agreed, if an instrument is transferred for
value and the transferee does not become a holder because of lack of
indorsement by the transferor, the transferee has a specifically
enforceable right to the unqualified indorsement of the transferor,
but negotiation of the instrument does not occur until the
indorsement is made.
(d) If a transferor purports to transfer less than the entire
instrument, negotiation of the instrument does not occur. The
transferee obtains no rights under this division and has only the
rights of a partial assignee.
3204. (a) “Indorsement” means a signature, other than that of a
signer as maker, drawer, or acceptor, that alone or accompanied by
other words is made on an instrument for the purpose of (1)
negotiating the instrument, (2) restricting payment of the
instrument, or (3) incurring indorser’s liability on the instrument,
but regardless of the intent of the signer, a signature and its
accompanying words is an indorsement unless the accompanying words,
terms of the instrument, place of the signature, or other
circumstances unambiguously indicate that the signature was made for
a purpose other than indorsement. For the purpose of determining
whether a signature is made on an instrument, a paper affixed to the
instrument is a part of the instrument.
(b) “Indorser” means a person who makes an indorsement.
(c) For the purpose of determining whether the transferee of an
instrument is a holder, an indorsement that transfers a security
interest in the instrument is effective as an unqualified indorsement
of the instrument.
(d) If an instrument is payable to a holder under a name that is
not the name of the holder, indorsement may be made by the holder in
the name stated in the instrument or in the holder’s name or both,
but signature in both names may be required by a person paying or
taking the instrument for value or collection.
3205. (a) If an indorsement is made by the holder of an instrument,
whether payable to an identified person or payable to bearer, and
the indorsement identifies a person to whom it makes the instrument
payable, it is a “special indorsement.” When specially indorsed, an
instrument becomes payable to the identified person and may be
negotiated only by the indorsement of that person. The principles
stated in Section 3110 apply to special indorsements.
(b) If an indorsement is made by the holder of an instrument and
it is not a special indorsement, it is a “blank indorsement.” When
indorsed in blank, an instrument becomes payable to bearer and may be
negotiated by transfer of possession alone until specially indorsed.
(c) The holder may convert a blank indorsement that consists only
of a signature into a special indorsement by writing, above the
signature of the indorser, words identifying the person to whom the
instrument is made payable.
(d) “Anomalous indorsement” means an indorsement made by a person
who is not the holder of the instrument. An anomalous indorsement
does not affect the manner in which the instrument may be negotiated.
3206. (a) An indorsement limiting payment to a particular person or
otherwise prohibiting further transfer or negotiation of the
instrument is not effective to prevent further transfer or
negotiation of the instrument.
(b) An indorsement stating a condition to the right of the
indorsee to receive payment does not affect the right of the indorsee
to enforce the instrument. A person paying the instrument or taking
it for value or collection may disregard the condition, and the
rights and liabilities of that person are not affected by whether the
condition has been fulfilled.
(c) If an instrument bears an indorsement (i) described in
subdivision (b) of Section 4201, or (ii) in blank or to a particular
bank using the words “for deposit,” “for collection,” or other words
indicating a purpose of having the instrument collected by a bank for
the indorser or for a particular account, the following rules apply:
(1) A person, other than a bank, who purchases the instrument when
so indorsed converts the instrument unless the amount paid for the
instrument is received by the indorser or applied consistently with
the indorsement.
(2) A depositary bank that purchases the instrument or takes it
for collection when so indorsed converts the instrument unless the
amount paid by the bank with respect to the instrument is received by
the indorser or applied consistently with the indorsement.
(3) A payor bank that is also the depositary bank or that takes
the instrument for immediate payment over the counter from a person
other than a collecting bank converts the instrument unless the
proceeds of the instrument are received by the indorser or applied
consistently with the indorsement.
(4) Except as otherwise provided in paragraph (3), a payor bank or
intermediary bank may disregard the indorsement and is not liable if
the proceeds of the instrument are not received by the indorser or
applied consistently with the indorsement.
(d) Except for an indorsement covered by subdivision (c), if an
instrument bears an indorsement using words to the effect that
payment is to be made to the indorsee as agent, trustee, or other
fiduciary for the benefit of the indorser or another person, the
following rules apply:
(1) Unless there is notice of breach of fiduciary duty as provided
in Section 3307, a person who purchases the instrument from the
indorsee or takes the instrument from the indorsee for collection or
payment may pay the proceeds of payment or the value given for the
instrument to the indorsee without regard to whether the indorsee
violates a fiduciary duty to the indorser.
(2) A subsequent transferee of the instrument or person who pays
the instrument is neither given notice nor otherwise affected by the
restriction in the indorsement unless the transferee or payor knows
that the fiduciary dealt with the instrument or its proceeds in
breach of fiduciary duty.
(e) The presence on an instrument of an indorsement to which this
section applies does not prevent a purchaser of the instrument from
becoming a holder in due course of the instrument unless the
purchaser is a converter under subdivision (c) or has notice or
knowledge of breach of fiduciary duty as stated in subdivision (d).
(f) In an action to enforce the obligation of a party to pay the
instrument, the obligor has a defense if payment would violate an
indorsement to which this section applies and the payment is not
permitted by this section.
3207. Reacquisition of an instrument occurs if it is transferred to
a former holder, by negotiation or otherwise. A former holder who
reacquires the instrument may cancel indorsements made after the
reacquirer first became a holder of the instrument. If the
cancellation causes the instrument to be payable to the reacquirer or
to bearer, the reacquirer may negotiate the instrument. An indorser
whose indorsement is canceled is discharged, and the discharge is
effective against any subsequent holder.
Check this one out as well. It may be useful to you….
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=com&group=03001-04000&file=3401-3420
HammerTime,
You will find this law interesting as well…
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=13001-14000&file=13970-13974.2
HammerTime,
Here is a link to the CA Consumer Protection Laws…
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=bpc&codebody=&hits=20
It is a tangled web. Need to review in more detail. Here are sections I thought may apply. Need to understand more about how instrument is defined. Are signature “loopholes” cancelled out in sections dealing w/ fraud etc?
In my case thinking of demand letter of amount paid for total of 3 payments when I asked for modification from outset of loan on minimal end. Seems like can go to amount of loan (instrument?) plus fees, losses etc. Then 3x loan if damages or major RESPA I believe.
Potential fraudsters would be original lender, false or MERS official w/ no standing, and possible credit swap which may be evidenced in payment history.
Just thinking out loud here for best approach once I make a move.
Here are main excerpts I picked up on so far. Again needing to nail down definitions:
__________________________________________________________________
From http://www.leginfo.ca.gov/cgi-bin/displaycode?section=com&group=03001-04000&file=3401-3420
(b) Transfer of an instrument, whether or not the transfer is a
negotiation, vests in the transferee any right of the transferor to
enforce the instrument, including any right as a holder in due
course, but the transferee cannot acquire rights of a holder in due
course by a transfer, directly or indirectly, from a holder in due
course if the transferee engaged in fraud or illegality affecting the
instrument.
3405. (a) In this section:
(b) For the purpose of determining the rights and liabilities of a
person who, in good faith, pays an instrument or takes it for value
or for collection, if an employer entrusted an employee with
responsibility with respect to the instrument and the employee or a
person acting in concert with the employee makes a fraudulent
indorsement of the instrument, the indorsement is effective as the
indorsement of the person to whom the instrument is payable if it is
made in the name of that person. If the person paying the instrument
or taking it for value or for collection fails to exercise ordinary
care in paying or taking the instrument and that failure contributes
to loss resulting from the fraud, the person bearing the loss may
recover from the person failing to exercise ordinary care to the
extent the failure to exercise ordinary care contributed to the loss.
(c) Under subdivision (b), an indorsement is made in the name of
the person to whom an instrument is payable if (1) it is made in a
name substantially similar to the name of that person or (2) the
instrument, whether or not indorsed, is deposited in a depositary
bank to an account in a name substantially similar to the name of
that person.
3416. (a) A person who transfers an instrument for consideration
warrants all of the following to the transferee and, if the transfer
is by indorsement, to any subsequent transferee:
(1) The warrantor is a person entitled to enforce the instrument.
(2) All signatures on the instrument are authentic and authorized.
(3) The instrument has not been altered.
(4) The instrument is not subject to a defense or claim in
recoupment of any party which can be asserted against the warrantor.
(5) The warrantor has no knowledge of any insolvency proceeding
commenced with respect to the maker or acceptor or, in the case of an
unaccepted draft, the drawer.
(6) If the instrument is a demand draft, creation of the
instrument according to the terms on its face was authorized by the
person identified as drawer.
(b) A person to whom the warranties under subdivision (a) are made
and who took the instrument in good faith may recover from the
warrantor as damages for breach of warranty an amount equal to the
loss suffered as a result of the breach, but not more than the amount
of the instrument plus expenses and loss of interest incurred as a
result of the breach.
(c) The warranties stated in subdivision (a) cannot be disclaimed
with respect to checks. Unless notice of a claim for breach of
warranty is given to the warrantor within 30 days after the claimant
has reason to know of the breach and the identity of the warrantor,
the liability of the warrantor under subdivision (b) is discharged to
the extent of any loss caused by the delay in giving notice of the
claim.
(d) A cause of action for breach of warranty under this section
accrues when the claimant has reason to know of the breach.
(e) If the warranty in paragraph (6) of subdivision (a) is not
given by a transferor under applicable conflict of law rules, then
the warranty is not given to that transferor when that transferor is
a transferee.
Here’s a geed resource: http://diligencegroupllc.net/2011/04/the-usual-suspects-or-when-is-launching-a-securitization-investigation-warranted-and-appropriate/
Great article!!!
Great article. I’ve been searching for the location of two notes for three years now and have no results other than a PSA that “may” be the correct one ;o( Thanks Hammer!
HammerTime, Tim Bryant or anyone with this knowledge
I have read that when an individual Grantor transfers the property, they have to bring proof of their identification to the table.
I realized that when the Strawbuyer’ Fang Li’ conveyed her forged title to the next fraudster she might had used my social security number. I have become aware that she used my social security number as her means of identifying herself on a 1099 form when she went to the motor vechicle department for a license.
Is there a way to see if she had used my social security number when she transfered her forged deed?
They must show a form of identification to the Notary. The notarization must show what they used as the form of iD, i.e. drivers license.
Marilyn – only thing I can think of is check with title co if one is involved? If notarized could check on notary record perhaps.
Good news for Florida residents….the Sun Sentinel reports foreclosures are losing their sales appeal. I am sure a lot of that is from everyone getting the word out about the fraudulent practices. Keep up the pressure !!!
http://www.sun-sentinel.com/business/realestate/fl-realty-trac-quarter-one-20110525,0,2161579.story
Anyone ever see sale “taken off calendar” of trustee web site. No notification at all. What is significance? Does clock start over again? In CA.
Ours has been removed every month since September 2010. The one for June we did not get a 30 day notice and was told they didn’t have to because we knew from previous notices. I am in GA.
Received a call from Sheriff’s office wanting to see our “evidence” of fraud, they said they will investigate and if they find fraud they will turn it over to district attorney and GBI.
Will keep y’all posted on updates.
Here in CA they usually note postponed and set new date for next month. Will try to nail down further.
I’m about to send copies of QWR to AG Harris and other local officials. Starting major task force on all aspects of mortgage fraud.
Good luck!
Nevada homeowners join class action lawsuit against BofA…
http://www.vegasinc.com/news/2011/may/25/nevada-homeowners-join-national-class-action-over-/
Utah has had enough of Bank of American
Utah Has Had Enough: BofA / CFC Foreclosures
http://market-ticker.org/akcs-www?post=186895
” ReconTrust Co. isn’t meeting requirements for carrying out foreclosures in the state, Utah Attorney General Mark Shurtleffsaid in a letter to Bank of America Chief Executive Officer Brian Moynihan. The letter, dated May 19, was released today by Shurtleff’s office.
“All real estate foreclosures conducted by ReconTrust in the state of Utah are not in compliance with Utah’s statutes, and are hence illegal,” Shurtleff wrote.”
IS THIS APPLICABLE TO CALIFORNIA ALSO?
and floridah oh we have rick scott and pam bondi guarding the henhouse. the banks must have been LARGE contributors to their compaigns. otherwise why would they bith have not done anything to help floridains yet. we are failling and cant get up. we are being scammed right and left by all the banks. yet the rape dontinuees. as each city and county receive less and less money due to lower property values no one wants to step in and there is never and media coverage about why this is happening on our tampa bay networks. they anounce they are cuttung 500 teachers from pasco school ststem, and they are going to closes youth parks. but still no one will come to ur rescue. recapping what we know…… robosigning, appraisal fraud, modification fraud, and fraud upon the courts. we have chief judges leaving to go work for the banks. yet the rape of our equity continues. what happens now to all our money that was suppose to help us when we retire. we made the decision to put 20% down to invest in our home and invest in our future. we did not know 5yrs later we would be facing foreclosure.
This state law in Utah, applies only to Utah.
all kind of tricks going on. Read the whole article at MSNBC.com
Search ..Advertise | AdChoices
Bill would let appraisers ’round up’ home values
Lawmakers seek legal way to fight effects of distressed property sales
Below:
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At the urging of such shell-shocked homeowners and real estate agents, lawmakers in four states sponsored bills this year that would direct appraisers to exclude distressed sales when they determine how much a house is worth. By Martha C. White
msnbc.com contributor msnbc.com contributor
updated 5/25/2011 7:15:27 AM ET 2011-05-25T11:15:27
Share Print Font: +-Pity the poor Nevada homeowner. With home prices tumbling there at perhaps the fastest rate in the nation, it has become nearly impossible to get a handle on how much a home is worth. Why? Because appraisers, who base home values on comparable sales, have to depend on the plummeting target of “distressed” property sales that dominate in the state.
Nevada state Sen. Mike Schneider is trying to fight back with proposed legislation that aims to set a floor under prices, which have fallen well over 50 percent on average in the Las Vegas area over the past five years. A few months ago, he sponsored a bill proposing a radical new mandate for appraisers: Stop paying attention to those “distressed” sales. Legislators in other states and industry executives are watching closely
I have discovered that on our Notice of right to cancel That our signatures have been forged. does everything become reversed. Is the REMEDY DESCRIBED IN THE DOCUMENT ITSELF.
If you signatures have been forged, the timeline for the right to cancel is “tolled” from when you first discovered it.
Tim
If you buy what turns out to be a Forged Picasso, how long would it take for that Picasso to become good. ? A Forgery is never good.
A Forged Deed Conveys no title. There are no latches to a Forgery. Where ever that Forgery occured in the Chain of Title the buyers from then on got nothing. The purpose of a Title Search. is to verify that the grantor of the Deed really owns the property. Title insurers have to due dilegence to discover and devulge. Fidelitiy National Title was not doing that 100% They knowingly insured Forged Deeds. If the title companies did due diligence Mers and all those issues would have been out in the open years ago.
The true owner still owns that property.
Your ROD needs another job since he bought the story that the Title companies are pushing – time makes a forgery good.
I only applied the RTC timelines. The criminal and/or liability aspect was not addressed. I thought she was wondering what the remedy was under the terms of the document itself. Your point is well taken, though.
Tim
What is the definition of FORGERY?
The Black’s Law, American College, and Random House dictionaries along with the court citations below define FORGERY as:
The making, drawing, or altering a document with the intent to defraud. A signature made without the person knowing of or consenting to it.
The law and the courts say:
The Modern Penal Code (MPC sec. 224.1) states that a person is guilty of forgery if:
a) a actor or person alters any writing of any person,
b) makes, completes, executes, authenticates, issues, or transfers any writing so that it purports to be an act of another who did not authorize the act or to have been at the time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or
c) utters any writing which he knows to be forged.
A person cannot acquire bona fide purchaser status, if one of the links in the chain of title is a forger
Tim, what does RTC mean?
RTC= Right to Cancel, also called Right to Rescind.
Marilyn,
You are correct on every point. The problem with addressing this in court, is that you would really want a Questioned Document Examiner (QDE) to attest to the documents. His weight holds much more in court than a homeowners. There are many ways to detect a falsified document. If you want to learn more, I can send you links to the basics. Some, you can do on your own (but you cannot testify to what you find, since you would not be considered an expert). It is possible to discover if 2 documents came from the same printer. A QDE could even tell you the type of printer and the ink used. I am very surprised that they have not been used more in court.
http://en.wikipedia.org/wiki/Questioned_document_examination
This will explain, basically, how QDE works.
Tim
I had all the documention to prove the deeds were forged upon void ab initio judgments but all that interested Judge Alice Schlesinger of NYSC was the” equity” that Fidelity National Title and Coronet Title had for her was real not counterfeit.
No one has heard the last of me yet, unless they find me in the river.
Marilyn,
The object is for THEM to be found in the river…..LOL
All the people rushing to buy foreclosed property are most likely not getting good title and then the legislators will be looking to change Title Law and the law about Land Records. Fidelity National Title (remember them – parent company of Lender Process System -LPPS DOCX) probably has a hand in this.
read this article too on MSNBC.com
..Real estate on msnbc.com Search ..Advertise | AdChoices
Sales of foreclosed homes ‘astronomically high’ in first quarter
:
Marilyn,
If you go to Vegasinc.com, there is an article about the newest fraud in the housing market, Title Insurance fraud. Las Vegas homeowners are suing.
Am I the only one getting sick of the media saying entitlements are destroying our country? How quickly they forgot about the largest entitlement plan ever conceived in US history, TARP and the bailouts. This just pisses me off to no end.
Same here, Sad to say it’s been a divide and conquer tactic that has mostly worked. Seems people are catching on. Kamala Harris going all out on all aspects of mortgage fraud in Cali!
“California Atty. Gen. Kamala Harris, saying that years of unscrupulous lending still haunts the state, is creating a 25-person task force to target mortgage fraud of any size — from small operations that preyed on troubled borrowers to corporations that sold risky loans as safe investments.”
http://www.latimes.com/business/la-fi-mortgage-fraud-20110523,0,1196882.story
Just remember that Kamala’s predecessor Jerry is now the ‘govenator Moonbeam’. Jerry is beholden to the banking industry. His ‘AG MOD deal’ with CountryWide while his sister worked at CountryWide and then BofA was a fraud on all CW borrowers. Sister Kathleen is now in Goldman-Sucks management.
Kamala, I’ll believe it when I see it.
Good info. On surface seems to be one of the first public acknowledgments that it’s not simply a “housing”/”greedy homeowner” problem or a natural disaster. As always we have to keep questioning and pressuring. Sure she’s a politician like the rest but my bet is this is the smart move and anyone that ignores it including President Obama can pay though the GOP has NO answers and is completely bought out.
Geez, just found out Timothy Geithner is the managing trustee of Social Security and Medicare. Does anyone else have the strange suspicion that some of that money went to Wall Street?
Signatories to the Trustees Reports
Who is on the Board of Trustees?
The table below shows the signatories to Trustees Reports (Board members and the Secretary to the Board), ordered by the year the reports were issued.
The Board of Trustees currently consists of 6 members, 4 of whom automatically serve by virtue of their positions in the Federal Government. These 4 are the
Secretary of the Treasury (the Managing Trustee),
Secretary of Labor,
Secretary of Health and Human Services, and
Commissioner of Social Security
The other 2 members are appointed by the President and confirmed by the Senate. These 2 members serve 4-year terms.
Signatories of the Old-age, Survivors, and Disability Insurance Trustees Reports, 1945 and later
Year
report
issued Name Position
2011 Timothy F. Geithner Secretary of the Treasury, and Managing Trustee of the Trust Funds
Hilda L. Solis Secretary of Labor, and Trustee
Kathleen Sebelius Secretary of Health and Human Services, and Trustee
Michael J. Astrue Commissioner of Social Security, and Trustee
Charles P. Blahous III Trustee
Robert D. Reischauer Trustee
Carolyn W. Colvin Deputy Commissioner, of Social Security, and Secretary, Board of Trustees
$2 trillion of the trusts assets are wrapped up in “US Securities”….i.e. our homes.
You have to be up 24/7 just to keep track of all the scams going on.
I thank everyone who took it upon themselves to attack that which they did not understand. A proper reading of my post should have been taken as an exhortation toward an in depth study of RE law in your respective states. Why is it so convenient to read a half sentence and then respond as though you read its entirety? The post does not say that there is no title to land. It said ” in the sense of a “title for a car”. If anyone who responded in the negative will please present your “house title” to the group we can all share the amusement. There is no such animal. You may have a deed as evidence of title but not a “title” in the sense of a automaotive title. “Pearls”
BTW Has anyone read the Taibbi article in May issue of Rolling Stone?
If you wanted to get your point across correctly, you should have said “physical title” as in a car. Everyone bashed you because you traveled down a different road, on your accord. Whoever, taught you needs to realize that their are 2 types of land claims, Title-theory state claims, and Lien-theory state claims. He also neglected to instruct you that almost every state is different in regards to Real Property law. A deed is only a claim as good as the validity it holds, which is exactly the same as a car. A car title does not represent ownership. It is in effect a deed for your car. If you owe on your car, you still have the title to it. This does not mean you own it free and clear of encumbrances. Whoever instructed you must not be familiar with how property is transferred, especially when it is bundled, sold, securitized, assigned, issued, deposited, guaranteed, warranteed, bifurcated, trifurcated, and my favorite…”only holding legal title” as nominee. Ask him to explain those legal theories to you.
If there is an Obvious Gap in the Chain of Title , why aren’t the registrars at the land records correcting it automatically so that the records reflect the true owners?
Tim, You indeed have a knack for addressing issues that have not been raised. You also respond on behalf of all of the board without their express agreement. And, at least in Nevada, you are mistaken about the ownership of an auto prior to one’s satisfaction of the encumbrance. You need not respond again but may be induced to believe that Land Title is in fact a “legal construct” regardless of the state. Here are the words from a legal issues web site. http://www.ehow.com/how-does_4646950_property-title-work.html
The original post was clear to anyone with a basic understanding of the English language who is not caffeinated to the point of distraction. Thank you for the suggestion as to clarifying it for the intended audience. From this point I will speakkk sloooly! :o)
Marilyn,
My ROD in Hampden County MA states that they just are record keepers, and the courts are responsible for showing true ownership. While I find this very lame, it is their stance. Our states RODs are going after MERS to correct the records, though. It is more than I can say for many other states, so I must give them a pass on this one.
John,
I am not arguing with you. You reiterated what I was saying, all states are different (including title to a car…LOL). Nobody’s statements here represent everybody’s, including mine. We are just trying to keep people from getting a false sense of security. I would even compound your claims, which you have now reiterated. Title is not a physical object, and in fact, is subjective. I would compound what you said previously, and add that title is only as good as the judicial system merits it, regardless of how good or bad it is. Many states such as FL have been abused in this aspect by judges with their own motivations, either judicial activism, corruption, getting a job with the foreclosure mills, etc. I think after we have both clarified ourselves, we are on the same page. No offense was intended, just caution. Sorry, bro.
i am truly sorry John and Colleen McCormick that I doubted your allegience to our cause of getting the banksters, title companies, and wall street racketeers exposed and indicted
.I have not gotten to read your case on Pacer yet but researching Title 12 & 15 of USC I know where you are coming from.
You and I were ahead of the curve . I went into District Court (southern District of New York)upon Federal Questions. 1. Can a Bank create money in direct prohibition of Art. 1 Para 10 Cl 1 of the US Constituiton.
2. Can a bank ignore the Federally mandated 30 day Notice?
The laws are there but the Judges don’t want to follow them. The Constitution gave our Judges their jobs. They want the Constitution to work for them but not for us. The racketeers are running the Government and the Courts.
What happened to your property and your life?
Thank you Tim and Marilyn! i pray that i didn’t sound too defensive (snotty) answering your objections. It’s true that the post could have been better stated. And, if my “case” were better stated maybe it would have gone forward.
i started reading law as an amateur undertaking in 1968. About 1993 I took a position as a union (NALC) steward and became more familiar with the workings of the law.
At present I am finishing reading a great book that addresses the reasons for our present difficulty and offers a solution. See “Web of Debt ” by Ellen Brown JD
http://www.webofdebt.com/
Tim
My 341 meeting is June 2 and I’m sure BoA will have filed a motion to lift stay. I’m working on my ‘prove standing’ motion but I’m confused. Our home was new; Ryan Homes was the seller and the title went as follows:
NVR/MERS sold loan to CW as soon as we closed. (NVR owns Ryan Homes or vise versa)
CW became BoA shortly thereafter.
Refinanced with BoA.
Received letter from Fannie Mae that they now own loan.
Satisfaction of mortgage prepared by Recon Trust, signed and notarized by Rodisha Higgins, Assnt. Vice Sec. and notarized in Marcopia Arizona.
New loan with BoA filed in county records. Interesting note: on the closing instructions to the title agent; MRC was listed as the beneficiary account? Never heard of them until I did some research. Don’t know how they came in as a beneficiary and the forensic loan auditor didn’t know either nor what it meant???
There is no help in Delaware, however, in my surfing for information, one site had a list of foreclosure defense law firms who handles these cases. Just a warning to everyone, be careful. I emailed him with a brief description of my case and asked if I could pay he for some guidance. He wrote back a one sentence reply;
BOA is my CLIENT and that would pose a conflict of interest. I can’t turn up any case law for Delaware. Trevino is the only case that remotely might be of help.
I plan to challenge legal standing in response to their motion to lift stay but I’m also thinking that there is a Quiet Title action based on the first loan never really being satisfied as MERS as no legal standing to render a payoff satisfaction. What are your thoughts on sticking strictly with the ‘prove standing’ for the first go around and where do I start the challenge…..from an improper chain from the get go or just go from the Refi with BoA. Oh Yea, I got a letter from another law firm now who claim they represent BAC FKA Countrywide on the foreclosure notice. In April I received a letter from a law firm referencing they represent BoA? That letter was in response to my two QWR’s where I mentioned based on the violations I found and my forensic loan review, I may be seeking a rescission of the refi. Their letter stated I had no grounds and my written request for a rescission dated Feb. 18 was herein denied. If you or anyone on this blog have any advice, I really need it. Thanks all.
Marilyn,
What does it say MRC stands for?
Tim & Marilyn,
Here is a little snipet I found about MRC:
The payoff statement shows that wired funds are to be sent to X bank for further credit to Y lender. If Y lender is different than the lender providing the refinance loan then it is not a refinance with the same lender. We have found this in Bank of America/Countrywide refinances. The Countrywide payoff statements instruct the settlement agent to wire the funds Bank of America and to further credit MRC. MRC is MMA Realty Capital. They are an investment firm. According to our research, MRC is the current lender, not Countrywide. Countrywide appears to be servicing the loan for MRC. This would not qualify for a refinance with the same lender exemption
Since MRC was not disclosed anywhere but on the title agents closing insructions, I would think that this would violate disclosure under RESPA or TILA somewhere. I have to search this.
It is interesting that I have not seen MRC come up in any of the blogs but I would bet that they are involved in a lot of these countrwide BofA loans. From my research so far, I think MRC is the servicer for the trust funds? But then I’m confused where does Fannie Mae come in. They are the owner of the loan so they tell me. Each and every transaction is constructed like a road with a dead end or it justs brings you right back to where you started from. They are indeed very clever! They are experts at keeping anyone trying to defend in a constant state of confustion which is part of their srategy. I am very fearful that I am going to end up sounding like a complete idiot in front of the judge and we already know that Delware does not want to mess with companies because they all incorporate here. Not much chance….but I’ll give it my best shot.
Tim
I am not sure but maybe it could mean Monthly Recurring Charges
That is a guess.
Mortgage Records Concocted?
Forget I asked. Thought it might also be helpful for someone else with similar circumstances. I was under the misconception that this site was to help share info not to play acronym triva. My bad. I would remove the post if I could.
Kathryn,
We are looking at this. MRC is a company that has not been addressed, so you can’t jump to conclusions as to what role they played in your deal. This is not a law office, so if you need answers immediately, you can pay $250/ hr for it.
It appears MRC was POSSIBLY the true party of interest in your mortgage, as they obviously had a pre-existing deal in place for your loan. I say possibly, because it may have already been sold before you signed your loan at closing. You need to send a Qualified Written Request to MMA under RESPA and TILA as to the chain of title from you to the current holder(s) of the note and mortgage.
http://www.mmarealtycapital.com/
MMA Realty Capital (MRC) provides market rate multifamily and commercial financings as well as real estate investment management services, originating investments for both institutional investors and for its own account.
MRC is composed of 2 distinct business units that work in concert to provide real estate products and investments to both our developer/owner customers and our institutional investor customers:
Investment Management – we manage high yield debt funds and whole loan individual accounts in both the commercial and multifamily space; and
Proprietary Investing – utilizes parent (MMA) company’s $3 billion balance sheet to provide custom tailored capital solutions for both our developer and investor customers (across all asset classes).
Our longstanding institutional capital relationships, combined with the strength and flexibility of MMA’s balance sheet, allows us to originate custom tailored capital solutions for developers and owners of real estate nationwide. Our willingness to take down deals with our own capital gives our borrower customers certainty of closing and our investor customers the comfort that we are making prudent investments.
We operate under the belief that by providing a wide array of capital products to our developer/owner customers, we generate a higher volume of investment products for our investor clients. Conversely, by providing more investment opportunities to our investor clients, we lower the overall cost of capital that we can deliver through to our developer/owner customers. This creates a virtuous circle that continues to drive the growth of our business.
From what I’ve read so far it seems as though many people are confused about the terms and theory of land ownership. The people who instructed me concerning ownership made clear the fact that there is no such thing as a “title” for property in the sense of “title” for a car. They said that our claim to ownership of real estate is only that. A claim.
There have been attempts to change the system to a “titled” system but all have failed to materialize.
The “deed” they said, was only an evidence of ownership, totally dependent upon our ability to defend our claim.
The form of deed is important they said, but only as it affects our “claim”. There is a wealth of information on the web about land acquisition and ownership claims. We would all be well advised to study the types and effect of the documents evidencing our claims!
John McCormick
What is your occupation now?
Have you ever been employed by a Bank?
marilyn, this is who I am. The case went on for months and you can read its entirety on PACER. In the long run the judge threw it out of court without reading it. The banks never answered it but instead attacked it on form. It is Pro Per
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
John and Colleen McCormick
Plaintiffs,
vs.
EXECUTIVE TRUSTEE SERVICES, Rosalie Solano,
HOMECOMINGS FINANCIAL, Elizabeth Cappuccio,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
Cindy Sandoval,
GMAC MORTGAGE CORPORATION, Michael Carpenter,
RESIDENTIAL CAPITAL CORPORATION,
David A. Marple,
John and Jane Doe. One through fifty
Defendants )
Case No.: 2:09-cv-02331-JCM-PAL
COMPLAINT PURSUANT TO TITLE 12 CHAPTER 27 et seq. AND TITLE 15 USC §1601 et seq. OF THE UNITED STATES CODE
Amended Complaint
Demand for jury trial
John,
GMAC was (and still is in the form of Ally), owned by the United States Government. Can you readdress the issue using a violation of the Takings Clause? Also, they have a contract under TARP. This is a legally enforceable contract to which you are a beneficiary. You can also look into the “Tucker Act”. Then there is a challenge to the constitutionality of TARP itself. If the United States taxpayers are “shareholders” under TARP, as all the elected officials claim, how can you be foreclosed on without “piercing the veil” and opening up the government to be jointly and severally responsible, under the TARP language? I know for a fact, that under TARP, MERS was directed to be removed from all records showing they had any interest in the loans. If GMAC was the lender, then the US government was the trustee for the investors, the taxpayers.
This was be a perfect case to bring to the US SJC. It would sort out a lot of this mess, and send a chill down every TARP recipients spine (and Timothy Geithner’s). Can your attorney petition the court still?
I’ll see if I can find GMAC’s TARP agreement online.
And don’t forget, TARP’s enforcement provisions were ignored by Treasury. SigTARP made a scathing review of this matter to Congress. In essence, surmising, Treasury put enforcement provisions in TARP which they had no intention of acting upon. This makes TARP questionable at best, as because of Treasury, there is a failure of consideration to the contract. This directly affects you. Just a thought.
There is definitely Title to property, that is why you have Title Insurance, which BTW is worthless in the case of a fraudulent foreclosure. Whoever told you there is no such thing, is either a college professor who is imposing his own version of Wonderland, or somebody trying to sell you a foreclosure.
If you still believe that, try arguing it in court, and see where that gets you…
Maybe you are getting confused with “legal title” which MERS claims. There is no such thing in their case because they hold no interest in the transaction.
Too me John McCormick says some things that seem out of the box. Does he believe those things or his he trying to sway in another direction.
Marilyn,
I share your same concerns.
Tim, isn’t the deed the title to the house? It was conveyed to us at Origination. Then they are supposed to attach their lien to that deed to secure the collateral lien A/K/A the debt for themseles. That is how my county recorders office explained it to me. She told me under no uncertain terms that my house is paid for because of their lack of due dillligence in recording a lien in 19+ years. She told me the statute of limitations is 12 years for them and because of that she told me I could live in my home , sell it or do whatever I would like with it. . An ex-loan officer from a failed bank that I know told us yes, it there is a 12 year statute of limitations that is true, they have 12 years to record and assignment. Even that seems a ridiculous amount of time to give them to perfect a lien. What would we do if we were owed a debt That is exactly it, the debt was fraudulently created, it was all only a mere speculation that you would pay. Then a second bankster came along and you know the rest. I had an attorney tell me the title insurance attached to that deed is more important than that deed. It insures your deed to be true. The pretender lenders on the other hand have alot of nothing but fraud and false claims. They have no orignal notes or mortgages, no clear chain of title and no deed with their name inserted in the deed. The deception is as rampant as the fraud. Time to start dropping subpoenas on some of the fake bank ass vp’s and fake notaries on our notes and allonges. I have had enough of the b.s. from all of these fannie/freddie trolls, they are evil liars.
The title search I had done by an attorney pulled up no Origination on title. No mortgage was ever recorded for 14 years. There is no collateral lien, anywhere that they can enforce legally. Then I have a $40,000 lien from the home builder recorded a year after the mechanics lien was paid by the second bankster on the title search. They are all cohorts. They even had the nerve to record a $20,000 business loan from the early 2000’s that was paid off years ago as a mortgage and the last party to have the note before I re-fied, I never had a mortgage with that bank. NO ASSIGNMENTS recorded, either. They have a release by MERS in ’07 but according to MERS, my loan is still active in MERS as of last fall. They have MERS conveying a release to me and then a fake mortgage that never existed recorded at the ROD office. .
I forgot to mention I have a pretender lender trying to fraudclose with me on MERS in the fraudclosure complaint. Thank God for this website and its links. The truth is out there and it is really in plain sight.
I vent,
The Deed represents the Title as you state. To be “legal” it must be conveyed properly, or the chain is broken. Your recorder explained it perfectly. The last person with a serious claim would be the last person holding a properly conveyed deed, in a broken chain issue. This is very important for anyone even contemplating buying a foreclosed property. (On a side note, you have to be nuts to do this in light of all we now know). I have, hopefully, a peculiar situation in that the deed was not properly conveyed TO me when I bought my house. It has since continued to be broken. When I go to court, AS PLAINTIFF, I have to unscramble this mess. Technically, my mortgage and deed, were never legally valid. You can see why I am irate about all this mess, and want to help others. Nobody should be in my position, EVER.
Mr McCormack needs to hit the books again, because he is so mistaken. Title is your claim to ownership, as the Deed is only as good as the title it conveyed. States vary with Statute of Limitations. In many, there is a waiting period BEFORE you can go for quiet title. You can, however, go after the sellers of the property, especially if it was a warranty deed. The warranty covenants demand the seller to defend against encumbrances to the Warranty Deed.
Hi Tim. On title and at the recorders office I have the deed conveyed to my husband and myself by the builder of our home at Origination with now Origination to the loan on title. I think this is why they want us to sell the house. They have to create a new chain of title through us because they never perfected a collateral lien in 19+ years.
Sorry, I meant to say no origination on title. No Original named lender. I have a friend who re-fied through the same failed bank when we did and has the same mortgage servicer. He told them he was going to walk away from the house and retire to the Bahamas. They told him NO!!! You can’t do that, you have to sell your home first!!! HA!! GOTCHA!!!!
Chris Whalen said it in his Bloomberg video, the lien holder/trustee’s name has to be inserted in the deed for them to have standing. It is not. They never did their due dilligence. I have allonges to notes with fictitious bank v.p’s and asst. bank vp’s. Can you say SUBPOENA?????
Under UCC, each party that had a beneficial interest must endorse any negotiable instrument. So, for instance, if your loan was securitized, the lender, MERS, seller, depositor, issuer, and trustee must all endorse the note along the chain of ownership. That is why most assignments by MERS are bogus. MERS cannot hold “legal title” ad infinitum regardless of who owns the note. Only the principle can create agency, not the agent. MERS must show that each entity assigned the mortgage to MERS. Again, there must be endorsements. Since we all know MERS is not a real company, and the “members” are acting as MERS employees, they don’t check endorsements.
If you pay cash for a foreclosed property, and you recieve a warranty deed several months later, is there a problem with the title? Wouldn’t you expect the Deed of Trust in paying the full amount with cash?
And where is the original deed of trust in a situation like this?
If you read the landmark MA case “In Re: Ibanez”, and the soon to follow landmark “In Re: Rodriguez, if you foreclose on a property illegally, or buy an illegally foreclosed upon home, you won’t be given title. In fact, the previous owner has a claim to get it back. We are a strict title theory state. That means these BS assignments are breaking the chains of title, preventing ANY future person from getting clear and free title. In Rodriguez, the court is now deciding who is responsible to fix it. Keep your eyes peeled for that one…
I am in New York , a title theory state. Wait till you see what happens when the Title Companies come in like Fidelity National Title and someone who calls himself Coronet Title who don’t want to Indemnify the Forged deeds (from fraudulent foreclosures) that the title companies knowingly insured but thought the true owner would not return to fight.
Rather than Indemnify the title companies PAY OFF THE jUDGE like they paid a bribe to Judge Alice Schlesinger of New York Supreme.
That’s one thing I’m wondering about, how many times now have the title companies indemified a forged title? Don’t you need the Deed of Trust to indemify, Or are they doing this with a Warranty Deed?
to Tim Bryant
Here in New York I hold the Title and the Bank holds a lien,.So I have to make a correction.
So New York would be a lien state?
I must say that for all the bads we have seen, it appears our courts here in MA were one of the 1st to catch on to all this mess. They have recently been siding for the homeowners, unless the homeowner’s attorney did not give a proper argument. Our Registers of Deeds are going after MERS for losses (now all of them are), Bristol County wants to sue MERS for torts, etc.
If our Atty General would join the band-wagon, instead of worrying about campaign contributions, we could move on from all the chain of title issues and move on.
If you possess the title, to property, and the bank has a lien on it….doesn’t that make it an unsecured
loan? If you’ve got title, then the bank who has the loan cannot foreclose. Can the state garnish your wages for suck liens?
To readdocs says:
In my case the bank( Astoria Federal S & L /Successor in Interest to Fidelity NY FSB )had gotten rid of their corrupt debt collector attorneys and had new attorneys who looked at the dates of the judgments and knew those judgments were void ab initio since they were state court judgments and on the dates they were issued my case was in the federal court and under federal jurisdiction.
….the bank knowing they auctioned off two properties they didn’t own said “Its Indemnify Indemnify Indemnify We are stepping aside and the Title companies are stepping in.
Fidelity National Title and someone called Coronet Title stepped in and did not want to indemnify but wanted to be Intervenors instead and be heard and what they told the court is time makes forged deeds good. Rather than indemnify their clients., they chose to pay the judge to rule against the law.
Everything was in the court records so when title companies do a search they saw everything.
I wrote a simple letter to Wm P Foley CEO of Fidelity National Title “what went wrong at FNT that your New York attorney Frank P Malone finds himself fighting for a Forged Deed”
And Fidelity’s answer to me was ” …It is Proper…”
Now that we all know that Wm. P Foley was chairman of LPS DOCX you can see why he thinks
Forgeries are good.
How many more people are in these circumstances I don’t know. Hindsite tells me the banks original corrupt attorneys Mullooly Jeffrey Rooney and Flynn are friends with the guys at Fidelity National Title. So long before anyone knew of how saturated the foreclosures were with fraud,, the banks and title companies were doing it.
The trouble is the banksters, the attorneys, the title companies are all connected behind the scenes.
But now that LPS DOCX, and Mers and Network Agreements and all the various frauds have come to the surface all the perpetrators are trying to run away.
William P Foley the founder of Fidelity and all its subsidaries, as more fraud is exposed, keeps giving up his executive titles at all his companies. But he is the person the Feds should be investigating.
He has caused more harm to more homeowners than all the banks combined.
The lien “secures” the loan. You do not have free and clear title until the loan is paid off and there are no encumbrances. The bank can repossess the house as long as they maintain control of the lien. You are holding the collateral securing the mortgage. You do not own it ,per se , until you pay it off.
Readdocs, you are getting confused between title and collateral. You possess the collateral, but do not hold title to the property, free and clear of encumbrances. If you do not live up to the “original mortgage” terms, the bank can foreclose on the collateral. When it gets dicey is when they sell the loans, or split up the “lender” obligations under the contract.
To Readdocs says
I have to make a correction. I am in NY and I hold the title and the bank held the lien making this a lien state.
The forged deeds the title companies knowing insured were Bargain and Sale Deeds., not Warranty Deeds
Marilyn,
So there’s forged documents on your property, that have been insured by a title company. Have you looked into suing the bonding company that represents the entities who have been forging documents?
Since I’ve just been lately digging into this kind of stuff, I’m still trying to familiarize myself with the different types of documentation and what kinds of states there are when dealing with these kinds of
legal problems.
This is good news. Commercial MBS defaults are rising. When businesses, who have much deeper pockets than us, start getting into the fray, it should be interesting….
http://www.dsnews.com/articles/losses-piling-up-in-collateralized-debt-obligations-of-cre-loans-2011-05-16
Will this be the latest attempt to justify MERS?
Court clerk lays off 170 county workers
BY LISA DONOVAN Cook County Reporter/ldonovan@suntimes.com Feb 14, 2011 2:20PM
Cook County Circuit Clerk Court Dorothy Brown’s office handed pink slips to 170 employees on Monday, part of the belt-tightening in county government as officials work to plug a half-billion deficit.
Brown, whose office is the official record keeper of county court cases — from murders to foreclosure suis — didn’t say where the layoffs were happening.
In a prepared statement, she did say: “This is a painful day for all of us at the Clerk’s Office,” Brown said. “We did what was requested, but it’s not without realizing that people are being laid off during a tough economic time. This lay off will put a high strain on the Clerk of the Circuit Court’s ability to perform its statutory and constitutional responsibilities.”
Cook County Board President Toni Preckwinkle asked Brown and other county elected leaders to cut 16 percent. For the clerks office, that means slashing $12.4 million this year, according to Preckwinkle’s proposed $3.1 billion spending plan. Cook County commissioners have a Feb. 28 deadline to approve the final budget package.
Preckwinkle said in her budget address earlier this month that layoffs could reach 2,000 in a payroll of 23,700 employees.
Good ole Crook County. I watched a you tube video yesterday featuring a Crook County judge talking about fraudclosure. In his 11 minute video he spoke of how Crook County Il. has the highest fraduclosure rate in the nation. Funny you don’t hear that statistic on the local news here. He proceeded to talk about alot of blah,blah,blah. Like first thing you should do if you get served up a fraudclosure complaint is set up a mediation with the pretender lender through the Crook County courthouse. He failed to mention that these pretender lenders are a ruse and a sham and they have no legal right to fraudclose and they are stealing homes with no proof of standing or ownership. I asked for proof in my answer to the complaint. The fannie attorney came to court with no proof. What a sham. No title company could have ever legally insured their lien if the securitzation process never occurred. If they did not fulfill their own contract as PSA requires an unbroken chain of title which can only occur only in this order, Originator, to the sponsor to the depositor and to the trustee who becomes the beneficiary of the note on behalf of the investors? They never did this. That is the securitization. Mandelman said according to APX Title, the banks may own nothing. The title insurers have exited the business. There is noone to indemnify. Max Gardner said if an attorney ever finds a deal they did properly, that attorney should bronze that deal, and hang it on their wall. Chris Whalen talked about this in his Bloomberg interview entitled: FORECLOSUREGATE IS A CANCER . As far as the Warranty deed being recorded into a Trust Deed. I believe you can have an attorney do that for you and insure it.. The homes are paid for because of the Ponzi Scheme. They made trillions. There are no trusts, they don’t legally exist.
I think the DOJ is filing ANTITRUST VIOLATIONS AS WE SPEAK.
Here’s one for all you Washington Mutual fans…. http://newsandinsight.thomsonreuters.com/Legal/News/2011/05_-_May/WaMu_agrees_on_post-bankruptcy_control_-_report/
The banks win some, and the cities win some. So far our higher courts are deciding on the banks side.
I guess the catastrophe needs to be undescribable and beyond repair.
http://www.bloomberg.com/news/2011-05-12/foreclosures-prompt-four-u-s-cities-to-sue-banks-for-mowing-home-repairs.html
Saying they’re sorry afterwards will be wasteful, when they could have stopped this before complete destruction.
Karl Denninger of Market Ticker has picked up the news about the Florida woman who has had her home broken into by bank thugs.
http://market-ticker.org/akcs-www?post=186461
I spoke to the mayor of our small town yesterday about the mortgage fraud nation wide scandal yesterday. She had not heard anything about it. I’m not sure she believed what I told her.
did you see these newly released photos of the Great Depression?
they are so poignant. history is repeating itself because of bank and wall street shenanigans.
we are living in the Greater Depression due to fraud.
are we all going to have to move to Pie Town, NM and live in dugout homes because we have been robbed?
http://www.dailymail.co.uk/news/article-1388179/Rare-Library-Congress-colour-photographs-Great-Depression.html
To Fury
Even after getting Astoria Federal S & L /Successor in Interest to Fidelity NY FSB to state its Indemnify Indemnify Indemnify for selling my two NYC Condos they didn’t own (that took years of fighting) I was confronted by the fraud and corruption of Fidelity National Title , Coronet Title and the bribe the title attorneys paid to Judge Alice Schlesinger to claim their forged deeds carried rights Just like I am not giving up don’t you give up.
yes, marilyn!
we have to keep going and fighting these fraudclosure criminals.
this isn’t a pressing issue in the scheme of things,
but could someone tell us how how to add an avatar image instead of having the generic gray person?
is it linked to facebook or something or is it a profile setting here?
Banks acting as agents of MERS…
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 12USC374a]
[Page 136]
TITLE 12–BANKS AND BANKING
CHAPTER 3–FEDERAL RESERVE SYSTEM
SUBCHAPTER X–POWERS AND DUTIES OF MEMBER BANKS
Sec. 374a. Acting as agent for nonbanking borrower in making
loans on securities to dealers in stocks, bonds, etc.; penalties
No member bank shall act as the medium or agent of any nonbanking
corporation, partnership, association, business trust, or individual in
making loans on the security of stocks, bonds, and other investment
securities to brokers or dealers in stocks, bonds, and other investment
securities. Every violation of this provision by any member bank shall
be punishable by a fine of not more than $100 per day during the
continuance of such violation; and such fine may be collected, by suit
or otherwise, by the Federal reserve bank of the district in which such
member bank is located.
TITLE 15–COMMERCE AND TRADE
CHAPTER 2A–SECURITIES AND TRUST INDENTURES
SUBCHAPTER I–DOMESTIC SECURITIES
Sec. 77q. Fraudulent interstate transactions
(a) Use of interstate commerce for purpose of fraud or deceit
It shall be unlawful for any person in the offer or sale of any
securities or any security-based swap agreement (as defined in section
206B of the Gramm-Leach-Bliley Act) by the use of any means or
instruments of transportation or communication in interstate commerce or
by use of the mails, directly or indirectly–
(1) to employ any device, scheme, or artifice to defraud, or
(2) to obtain money or property by means of any untrue statement
of a material fact or any omission to state a material fact
necessary in order to make the statements made, in light of the
circumstances under which they were made, not misleading; or
(3) to engage in any transaction, practice, or course of
business which operates or would operate as a fraud or deceit upon
the purchaser.
TITLE 15–COMMERCE AND TRADE
CHAPTER 22–TRADEMARKS
SUBCHAPTER I–THE PRINCIPAL REGISTER
Sec. 1055. Use by related companies affecting validity and
registration
Where a registered mark or a mark sought to be registered is or may
be used legitimately by related companies, such use shall inure to the
benefit of the registrant or applicant for registration, and such use
shall not affect the validity of such mark or of its registration,
provided such mark is not used in such manner as to deceive the public.
If first use of a mark by a person is controlled by the registrant or
applicant for registration of the mark with respect to the nature and
quality of the goods or services, such first use shall inure to the
benefit of the registrant or applicant, as the case may be.
From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 12USC371c-1]
[Page 133-134]
TITLE 12–BANKS AND BANKING
CHAPTER 3–FEDERAL RESERVE SYSTEM
SUBCHAPTER X–POWERS AND DUTIES OF MEMBER BANKS
Sec. 371c-1. Restrictions on transactions with affiliates
(a) In general
(1) Terms
A member bank and its subsidiaries may engage in any of the
transactions described in paragraph (2) only–
(A) on terms and under circumstances, including credit
standards, that are substantially the same, or at least as
favorable to such bank or its subsidiary, as those prevailing at
the time for comparable transactions with or involving other
nonaffiliated companies, or
(B) in the absence of comparable transactions, on terms and
under circumstances, including credit standards, that in good
faith would be offered to, or would apply to, nonaffiliated
companies.
(2) Transactions covered
Paragraph (1) applies to the following:
(A) Any covered transaction with an affiliate.
(B) The sale of securities or other assets to an affiliate,
including assets subject to an agreement to repurchase.
(C) The payment of money or the furnishing of services to an
affiliate under contract, lease, or otherwise.
(D) Any transaction in which an affiliate acts as an agent
or broker or receives a fee for its services to the bank or to
any other person.
(E) Any transaction or series of transactions with a third
party–
(i) if an affiliate has a financial interest in the
third party, or
(ii) if an affiliate is a participant in such
transaction or series of transactions.
(3) Transactions that benefit affiliate
For the purpose of this subsection, any transaction by a member
bank or its subsidiary with any person shall be deemed to be a
transaction with an affiliate of such bank if any of the proceeds of
the transaction are used for the benefit of, or transferred to, such
affiliate.
(b) Prohibited transactions
(1) In general
A member bank or its subsidiary–
(A) shall not purchase as fiduciary any securities or other
assets from any affiliate unless such purchase is permitted–
(i) under the instrument creating the fiduciary
relationship,
(ii) by court order, or
(iii) by law of the jurisdiction governing the fiduciary
relationship; and
(B) whether acting as principal or fiduciary, shall not
knowingly purchase or otherwise acquire, during the existence of
any underwriting or selling syndicate, any security if a
principal underwriter of that security is an affiliate of such
bank.
The banks can defraud borrowers, they just can’t defraud themselves…..
http://www.mortgagefraudblog.com/index.php/weblog/permalink/banker_gets_10_years_for_bank_fraud/
Check this bill that is in Congress. It is under the guise of “Homeowner Abuse Prevention”. There is very little protection in this bill. In fact, it mandates the servicer to act only in the interest of the investor. OK, who then becomes fiduciary responsible to the homeowners for accounting on the borrowers behalf? This technically wipes out the legal entity known as a “lender” that is stated in every mortgage doc. This is because a lender has fiduciary responsibility to the borrower. This bill mandates wiping those terms to the original contract out. Another example of the feds not knowing WTF they are doing….
http://www.gpo.gov/fdsys/pkg/BILLS-112s824is/pdf/BILLS-112s824is.pdf
The Washington Post has a special page to submit your questionable mortgage docs. Here is the ink….
http://voices.washingtonpost.com/political-economy/2010/10/do_you_have_mishandled_foreclo.html
I urge everyone to submit theirs. If the Post receives them un masse, they will probably investigate the aspects that have not been reported, yet we all know on this site.
I have been mentioning the Takings Clause (Eminent Domain) of the Constitution and how the government cannot own any part of your property without due process and fair value. I have finally found a NY case that illustrates this as it relates to foreclosures….
http://vertumnus.courts.state.ny.us/claims/html/2006-044-501.html
A letter going out from Bank of America notifying clients the new servicer will be the bank proper itself, instead of BAC Home Loan Services LLP.
Does anyone have any inside information on why this change?
The letter has legally crossed all the ‘T’s and dotted all of the ‘I’s.
It does not give any other information, claiming that all pertinent information on the clients’ mortgage stays exactly the same, including the same mailing address for correspondence and business and account number.
If it is a trust, they cannot act as a servicer, under their tax-exempt status. This will be interesting.
Don’t have the information on who is the investor yet. If it’s a bank that is the servicer, and the investment is a trust, they can’t legally be the servicer? What I’m looking at now is finding who owns
and holds the note for this mortgage.
There’s been some kind of a small adjustment been made to the mortgage itself by Bank of America,
and so far we’ve not been told why our payment was increased by about 60 dollars per month.
Going back through all of the paper work, and online data, there is no information on who the investor is, and whether it’s a trust or not.
In the copies of the origination documents it lists Taylor Bean & Whittaker as the lender. If the mortgage was bundled by them and sold to an investor that is not in any of the documentation I’ve looked at. When B0A Home Loan Services LLP was instructed by the government to take over the business of TBW, where the note, the mortgage, and the DoT were or sent is unknown. It’s obvious it was not sent to B0A, as they are the service company only.
After being advised via letter recieved yesterday, the servicing was being changed to B0A NA with still no new added information.
I plan to keep researching for this information, not wanting to alert the servicer that I suspect a problem with this mortgage, giving them the advance of taking this borrower to court using the agenda of planning on defaulting on payments to the lender. That is not the plan, a guarantee there is a whole and clear title to this property is the intent.
If you kept all your closing docs, there is a set called “Closing Instructions”. It will usually list it in there. If not specifically mentioned, check to see who is to receive return funds if the loan does not close.
All of the closing documents are here, they listed TBW as the lender, if the mortgage was split up and bundled for investment TBW is the one who would have done this. They were the servicer and lender until taken over by the federal government and closed down. BOA Home Loans Servicers took over from TBW via instruction of the federal government in late 2009, Now B0A Home Loans Services will no longer be the servicer, that will be the bank proper, Bank of America NA..
While TBW was open and accepting mortgage payments, we were never able to contact anyone at their offices via phone or email. This might be on of those situations where the “lender” was a front for the real lender, and there was no personnel to contact, it was just a mail drop. My opinion.
Readdocs,
Check the SEC website “enforcement actions”. There is a release concerning TBW.
Also, check your contract and see what it says in regards to a change in servicer, and if the note is sold. Usually, both the old and new servicers must give you notice of the change. Also, if the note is sold, they usually do not have to give you PRIOR notice. That does not mean that they do not have to tell you at all. Use your contract as your ammunition to get the answers you are looking for. Every time they violate your contract, notify them in writing of such breach. Send it to the address listed in the section that says “notices”. Remember, if the servicer doesn’t supply the answers, the investor or Trustee is responsible for their actions as well. The servicer is an agent of the Investor/Trustee.
i think that they are getting ready to try to limit liability against investor lawsuits.
they are trying to separate loans out —- they are trying to dump what they consider “toxic” loans into BAC
and put the others under BofA.
perhaps someone else could confirm this.
My loan has all of a sudden been put in HSBCs name. This gets better and better. BofA cannot even prove to my lawyer that they have any interest in the loan, now they are selling it? It must be the $350,000 demand letter under Mass. Gen. Law Ch. 93A sent by my attorney. This is great, the banks are now hanging each other out to dry….LOL
Also, save the envelopes that these docs come in. My denial of a mod was sent in BofA’s name on their stationary, but was actually created and sent by Stewart Lending Services. Ironically, this is a gov’t subcontractor for mod servicing Ginnie Mae loans, which I do not have.
Fury,
you may be right…. http://newsandinsight.thomsonreuters.com/Legal/News/2011/05_-_May/California_ruling_means_class_craziness_in_Countrywide_MBS_case/
Thank you Tim. More research shows the originator of the loan did not inform the mortgage was being sold to TBW before the mortgage was closed. . The originator mortgage broker informed at the very
time of closing the mortgage had been changed in two ways. The loan was changed from a pre approved VA loan to a USDA loan, and the loan had already been sold to TBW before the signing
by the borrower. We never recieved anything from this broker before or after the fact.
I’ll be checking out the SEC website.
Readdocs,
If the loan was sold PRIOR to the closing, and TBW is listed as the lender, the mortgage contract would be a nullity. That is not good news for them or you. It would act as if the transaction never occurred. You should consult an attorney.
I just got a notice from attorneys on pending foreclosure. My refi was BofA but this letter states it is BAC FKA Countrywide, so mine got switched to BAC.
BAC Home Loans was never known as Countrywide. BAC was formed after the merger, on July 1, 2008.
Thanks everyone! Maria – yes, it was Real Time Debt Solutions. Thank you kindly for sharing your input.
I’d heard these agencies purchase these smaller debts for pennies on the dollars – then try to harass to see if they can obtain settlement.
It sort of floored me initially that a debt contract secured by property (which is still there, not foreclosed upon) can suddently be demmed an unsecured debt. It seems like a unilateral change the terms of a contract…but the collection agency probably just steams forward assuming that every HELOC contract contains some sort of provision for debt collection vs. foreclosure without regard.
In any case, I will dispute via certified letter, etc.. B of A couldn’t provide any real data on this debt which they picked up from CW…which CW picked up from another company. None of the data is properly reflected in the county property records.
You are an amazing crew of folks, by the way. Thank you for all of your efforts in connection with providing data, sharing resources and for your time and kindness in replying to posters. I visit your site daily. Many blessings!
Be warned…they are a debt collector
Found there website… http://www.creditresolution.com/
There is an interesting statement on the site, “The threat of legal action is more powerful than filing suit.” This is a blatant violation of the Fair Debt Collections Practices Act.
From what I can tell, it is for accounts that have been charged off or considered “uncollectable”….interesting.
Check to see if they are a registered debt collector in your state. If they are not, tell them to piss off. Transferring the debt to this firm makes it an unsecured obligation. It will be extinguished in bankruptcy or if you have a Homestead.
I also find it interesting that BAC claims to have transferred the debt obligation, since MERS claims to hold it. This ought to really get judges pissed !!!
I wonder if they are a “servicer” under the US Code?, uh, NO they are not. So now you have no lender or servicer. Goodbye debt obligation..
Here is the SEC enforcement manual if anyone is interested….
http://www.sec.gov/divisions/enforce/enforcementmanual.pdf
Thanks Tim, I needed that one! Thanks again!
You’re always welcome. Here is the US Attorney’s Manual if you are looking for that as well….
http://www.justice.gov/usao/eousa/foia_reading_room/usam/
Speaking of SEC enforcement, found this on Thompson-Reuters site….
http://newsandinsight.thomsonreuters.com/Securities/Insight/2011/05_-_May/Has_SEC_Penalty_Authority_Corrupted_the_Enforcement_Process_/
Just read this on Huff Post. This Supreme Court decision is mind-boggling….
http://www.huffingtonpost.com/joseph-a-palermo/att-concepcion-supreme-court_b_862066.html
Here’s another good one at Huff Post. It is an op-ed saying bankers must be prosecuted…
http://www.huffingtonpost.com/rj-eskow/forget-raj-too-big-to-fai_b_861435.html
A curious thing arrived in the mail today…first quick background:
Main mortgage is Chase. Fraudulent paperwork (they’re completed income and asset data is no where near mine and docs are signed by XXXX (seriously, all X’s) – So, they know that WE know the problems…have stalled the foreclosure (they did). Trying hard to get us to modify (of course – new paperwork…no way am I signing away rights, etc.). So, we sit in limbo for right now.
In the meantime, I’d found that the line of credit loan was never properly recorded w/the county records after it was sold to Countrywide then Bank of America. They threatened forclosure – then all was quiet for 6-7 months.
Today, I received an invoice from a collection agency. It looks like an unpaid medical bill – so assume Bank of America has decided to treat the debt as unsecured debt. Is there anyone else in MI or any other states that have received similar collection notices? Thanks so much!! Signed, Faithful Reader 🙂 Beth A.
Did you get this from Real Time Resolutions? BofA turned our 2nd over to them. They purchase these for pennies on the dollar from BofA.
IF it is Real Time Resolutions – don’t call let the statute of limitations run out… I have not contacted them for 2 years, and they threatened to sue about 5 mo ago. nothing occurred thus far.
Hi Beth,
I received the same thing a few weeks ago, the letter came from REDC default solutions. Of course the letter stated that I had 30 days to dispute this debt, and if I didnt it would be assumed valid. Today I received my reciept for my letter to them disputing the debt. 🙂
Also see if they are a registered debt collector in your state. If not, tell them to buzz off.
Matt Weidner is on Dylan Ratigan right now.
Send your stories to the Washington Post “investigations”… investigations@washpost.com
Let the lawmakers read these stories in the DC papers. Get the information out on the corruption we are facing. If we can fill their inbox with these horror stories, maybe someone in DC will act on our behalf. If not, they will continue to be embarassed by these flagrant violations of the law which our government is allowing.
well i guess we have to because writing the OCC and the individual senators is doing nothing. actually miller probably found out about modifications from us writing him. i will form aletter to post ans end it. the word needs to get out and this needs to stop!!!
I just sent them a bunch of information to research.
How do you discover who the investor is on a note in MERS?
What standing does MERS have if you discover they have not registered a new servicer in a timely manner
in MERS? If a servicer was assigned in 2008, and a new servicer is then assigned in 2009, and it’s discovered
the original date of 2008 is still being used by the second server is that evidence of sloppy filing and registering?
Why are you making any reference to the SERVICER?
You need to be looking for any recorded assignments of your Deed at the County Recorder’s office.
MERS may list who your investor is but it is not a valid source of assignment information.
MERS has NEVER had STANDING. MERS is a strawman.
The fraudsters and servicers can change information on MERS.
MERS is more likely to list who your servicer is than to list the investor. In some cases, the Trustee for the certificate-holders is listed without specifying that it is a trustee or what the name of the trust is.
For my own loan, Bank of New York Mellon is listed as the investor. In truth the supposed investor is a CWABS trust.
I was provided the name of my supposed investor by the servicer but only after legal proceedings had been started.
The county court house has NO information of the current standing of my mortgage, it was never recorded there. I looked in MERS to find only the information of who is the servicer listed there,
the investor is not listed. Now how do you with such limited information discover who is the investor
without being sued by the servicer. Oh and MERS is listed as the nominee as trustee and beneficiary
of the mortgage as it stood under the original servicer. Since the new serivcer has not made the effort
to file and register at the county court house it is a question if MERS still has the same nominations
Also filed and registered at the county court house MERS was supposed to be the holder of the note,
the mortgage, and the deed of trust in original wet ink document. I seriously doubt they have possession of those orginal documents since this morgage has been securitized and now an investment. Wouldn’t the investor or the trust invested in be the holder of these documents?
This whole mess is sickening, and it’s a foregone conclusion an investment in a lawyer is in the future too.
You definitely do need to consult with a knowledgeable attorney in real estate law.
I realize you are stating that apparently NOTHING is recorded against your property with the county recorder. You need to have that verified.
However, per your statements about the SERVICER, you still do not understand that the servicers do not record anything.
Original loan documents are recorded on behalf of the LENDER as a normal part of loan closing after the borrower signs the documents.
Otherwise, documents are recorded with the county recorder to substitute a trustee (this has to be done in compliance with the terms for doing the substitution per the original Deed of Trust or mortgage). Also, assignments of the Deed of Trust or Mortgage are also recorded, normally.
NOTHING regarding servicing is recorded with the county.
If your original mortgage never was recorded, I suspect there would be problems trying to record an assignment or a substitution of trustee, since these documents are basically intended to record a CHANGE to the original stated parties. Such documents always need to refer to the original recorded document.
I’m wondering if here is any chance your mortgage was recorded in a neighboring county by mistake. I would hope that could not occur.
Who is the LENDER per your copy of that loan? Who is the original Trustee?
Before you go further with any contact with the servicer, Lender or original Trustee, contact a skilled real estate attorney. A statement from your country recorders office that they do not have your mortgage shown on your property would be good to take with you to that meeting. I’m thinking they could provide a ‘no such entry found’ document. The attorney may want a Title company to perform a search to determine if all prior mortgages were properly satisfied.
Get going. If your loan was not recorded, it was not perfected.
The loan history is.
Applied for a VA pre approved load with a mortgage broker in a nearby local town. The day before closing the loan was changed to a USDA loan without our approval or knowledge, and at the closing discovered he had sold the mortgage before signing to TBW in Florida. In MERS it shows TBW as the assignee with no other information. The mortgage was electroncially filed and registered with the right county. I have copies of all the county court house documentation for this mortgage and the property.
In 2009 TBW was seized and shutdown by the federal government. We recieved notification to start sending mortgage payments to Bank Of America;. Bank of American never filed and registered the changes made to the mortgage in their name. BTW…in the county court house files…TBW is shown to be the lien holder and not the assignee as it is in MERS.
This is the total of the information at the court house and in MERS. We have no information on where our loan is, where the mortgage is, or where the Deed of Trust is.
I don’t want to pay this place off and be informed we’re getting a quit claim and that’s it. Or have some entity show up after it’s paid off foreclosing on the property because all of the payments were diverted to the wrong entity. The consumer has a right to know all of the details on the product they are purchasing.
I have read of problems with these TBW loans.
Bank of America is simply a servicer. You are mixing SEVICING moves – which are never recorded – with recording of assignments of the Deed of Trust.
You need to be clearer on this information before you interview an attorney. The fact that you are not being precise on the facts that you do have is potentially going to create problems for any attorney who does not review your information with care. Obviously your original mortgage is reflected with the county recorder’s office after all. You seem to be splitting hairs over whether TBW is the original LENDER or an assignee. Go by what is RECORDED. MERS database is not to be relied upon.
You need to either become more precise in what you are stating or else find an attorney to investigate this for you. Instead of relying on your input, he needs to rely on the actual documents you have.
If you were to give an attorney the statements you have made here, they would see several contradictory statements. The facts you give the attorney need to be correctly stated. It comes down to that old adage “Garbage in, Garbage out”.
Most likely you have a mortgage that ‘belongs to’ Fannie Mae or the FDIC, since the government takeover of TBW.
There is an online tool on the Fannie Mae site that allows a check for whether Fannie is the investor.
In one of your posts here you stated the original Trustee is MERS. I have never seen MERS in that role. You need to go thru your copy of the original Deed and write down several details on a separate piece of paper. The ‘actors’ that should be on the Deed are: LENDER, TRUSTEE, BENEFICIARY.
MERS will normally appear as the ‘nominal’ beneficiary.
MERS does NOT retain original documents.
Your original signed NOTE should be in the physical possession of the entity claiming to be the note-holder.
In some states, the Deed is presumed to ‘follow the note’. The documented chain of assignments for the DEED might be overcome in that way.
You might find that a service that can examine your title would be able to find out who the note is held by.
Also, MERS can never hold a note. That would be considered banking, and they are not a bank under any law. This action would be void by operation of law.
FBI info on TBW… http://www.fbi.gov/washingtondc/press-releases/2011/wfo031611a.htm
I have posted the only information I’ve been able to find at the county court house and online at MERS.
Thanks for the tip about Fannie Mae tool bar.
One other thing. The originator of the mortgage the local mortgage broker sent a letter offering to refinance the mortgage, as he had checked our file seeing we could refinance for a lower interest rate.
Thanks Tim for the link to the FBI announcement.
Tim, Thank you for the link to the FBI announcement.
Send them a letter, return receipt requested. Ask them who the investor is, and inform them that under the E-Sign Act of 2000, only the listed holder of the “transferable record” has the rights as a holder in due course, and only if previously disclosed to the consumer (you). Tell them as well that you are to be notified in writing, under the same law, if there is any subsequent changes to the investor.
The investor is responsible for the servicer’s acts, so worry more about pressuring the investor. They can lose their tax-exempt status due to their servicer’s behavior.
From what I’ve researched neither Freddie mac nor Fannie mae are the owner of my note..
I’m a reporter looking to interview African-Americans who have lost their homes to foreclosure, or are at risk of being foreclosed. If you have a story that needs to be told, I can be reached at jwashington@ap.org.
Thanks,
Jesse Washington
National Writer/Race and Ethnicity
The Associated Press
http://www.twitter.com/jessewashington
http://www.facebook.com/jessejwashington
215.446.6675
Jesse,
thank you for getting the message out.
i am not African-American
i am part native american.
two nights ago, we tried to steel and comfort ourselves by listening to the Staples Singers.
we cried.
we have to stand up to the banks who have defrauded us just like the courageous Freedom Fighters
fought segregation.
the footage used in these montages remind us all to stand up against injustice.
“down in mississippi”
http://www.youtube.com/watch?v=FeZmZ1Pt6C0
“we’ll never turn back”
http://www.youtube.com/watch?v=27XLZwbA2qQ&feature=related
mavis said,
” Lord, I’m still on the case. I’m still doing what Dr. King and Pops want me to do. I’m still on that freedom highway, and I’m going to walk on it until Dr. King’s dream is realized.”
there is a documentary that will be shown on may 16th on pbs.
Freedpm Riders
http://www.pbs.org/wgbh/americanexperience/freedomriders/http://www.pbs.org/wgbh/americanexperience/freedomriders/
fraudclosure crimes have been committed against all races, religions and socio-economic classes.
i want to stand up and fight it like the Freedom Riders and Fighters of the civil rights movement.
i want to help not only my family but all families going through this unbelievable fraud.
this song was always one of our family favorites:
http://www.youtube.com/watch?v=xO0Q3192Jrs
who knew that her other songs would become our anthems for fighting this horrible, disgraceful fraud.
While I am not a member of any ethnic group that you are seeking, I did notice a distinct pattern in the names of those being foreclosed on by CountryWide/Bofa in San Diego CA.
I saw a disproportionate number of FEMALE owners and also of HISPANIC and ASIAN surnames.
Since African-American surnames do not stand out just by their spelling, these other groups DO show up quickly in an online search I did of documents on file with the county recorder’s office.
Foreclosure fraud is blind to the colors of our skin but the mortgages offered by CountryWide DID target women and minorities with their PREDATORY loans. That is now showing up in the statistics of the foreclosures.
jesse,
these are the links that show the footage that reminded me so much of our current fraudclosure crisis.
the lyrics and mavis staples’ voice is like what we feel today – people of all races. it imust be especially frightening for hispanics who don’t speak english and were defrauded.
Hard Times Come Again No More
http://www.youtube.com/watch?v=KZsO348BOW0&feature=related
Eyes on the Prize
to I vent and all concerned with the future I was doing some checking on Fidelity National Title
and the heading on the page reads{
FIDELITY NATIONAL TITLE
Inland Empire
Jesse, here is the email address for The Rainbow Coalition. They are actually part of the fight against foreclosure fraud. You should contact them… info@rainbowpush.org
Urgent News for People in Foreclosure in FLORIDA
If you’re currently in foreclosure and your loan is being processed by one of the following foreclosure mills:
1. David Stern
2. Marshall C. Watson
3. Shapiro & Fishman
4. Florida Default Law Group
5.Kahane & Associates,
6. Daniel C. Consuegra
7. Albertelli Law and
8. Ben-Ezra & Katz.
Then this is urgent news for you. These firms are being shut down because of the Robo-signing scandals, and are in a massive state of flux..
Chances are, if you are one of the hundreds of thousands of homeowners who are being foreclosed upon (or have been foreclosed by) these crooks, then this post is utmost importance to you.
This opportunity lies in two points:
1) You are a victim of fraudulent documents, fraudulent assignments, and robo-signing. All your paperwork submitted into court should be challenged.
2) These firms are going out of business, yet they are still the “Attorney of Record” for the Plaintiffs (the pretender lenders).
If the above named firms are the people handling your foreclosures, you should contact the Florida Attorney General’s office and find out what complaint is being submitted against these firms.
You should then take this information and “Motion the Court to take Mandatory Judicial Notice” of these complaints. Now I have not yet found an attorney to do this, so if anyone does please let me know.
What this does is that it will bring doubt as to the validity of the documents that they have submitted into court for your case…forcing the foreclosure action to be dismissed. Remember, the burden of proof is on the Plaintiff. If the Plaintiff (in this case, the pretender lender) cannot produce valid evidence of proof of claim…meaning the documents they have submitted can be proven to be invalid, and then you can motion for the case to be dismissed.
I’ve heard several people in Florida who have had their foreclosure actions dismissed because they challenged the attorney on the basis of improper paperwork by the Plaintiff’s attorneys.
You should consult a lawyer to discuss this matter to see if this can be applied to you.
Quiet Title Action
Because your title has been assaulted by people recording false claims on your property, as the title holder of your property, you have an OBLIGATION to defend your title.
What do I mean by “being assaulted?” These foreclosure mills have recorded invalid and false assignments with no proof, no authority and no due process for the mortgage on your property. Remember, according to the US Supreme Court ruling in Carpenter v Longan, the Mortgage follows the promissory note.
What this means is, assignment of the Mortgage without control/ownership of the promissory note is voidable (read: meaningless).
The party wishing to foreclose on your property must control BOTH the mortgage and the Promissory note.
In most cases, since your note has been securitized (sold on Wall St to investors around the world), your pretender lender only controls the mortgage and tries to foreclose based on that alone; bringing fraud before the court. This is backed up by a recent Massachusetts Supreme Court Ruling in US Bank v Ibanez.
The promissory note MUST name the party wishing to foreclose AT THE TIME OF THE NOTICE OF DEFAULT. A faulty chain of title is like bad food, once gone bad, can never be fixed.
BLANK ASSIGNMENTS ARE UNACCEPTABLE proof of chain of title. Yet, blank assignments are STANDARD BANK PRACTICE. (read OPPORTUNITY)
Here’s the good news. You now have this limited time, once in a life time opportunity to potentially remove your mortgage from your property via a Quiet Title Action. Here’s the deal, these foreclosure mills are still the “attorney on record for the plaintiff”.
This means that if you were to start a Quiet Title Action against your pretender lender, you can serve the “attorney on record” the complaint and summons.
These companies are being shut down. They are firing all their employees. They are dealing with the Florida Attorney General for fraud. They have a lot of problems they are dealing with right now. So when you sue them, you are THE LEAST OF THEIR WORRIES.
Do you think they really give a hoot’s ass what happens to their clients (the pretender lenders) who have fired them or may fire them? Yet, being the “attorney of record” means they have a fiduciary responsibility to accept service for their client.
So, if you were to sue your pretender lender, and service this attorney on record…there is a GOOD CHANCE they will not respond. And if they don’t respond within 30 days, then you win by default.
What does that mean? It means if you win a Quiet Title Action by default, which means the Judge has to grant you a quiet (clean) title to your home. This means no one can ever come back and sue you for the foreclosure action. It’s done.
If they attempt to sue you for a foreclosure, they’ll have to fight the Quiet Title Action first.
Courts are not very forgiving on people who lose by default.
If your seeking legal help or you want to FIGHT to KEEP your HOME you might want to consider this
STEP by STEP program created by Dr. Fredrick Graves.
Rules of Court and Law of the Case > Whether you’re being sued or suing someone else, you must understand these two simple things – or risk losing!
Winning is really very simple! Every lawsuit turns on these two (2) simple things:
#1 … the law of the case and
#2 … the rules of court (evidence and procedure)
That’s all there is to this game we call court!
Winning is EASY once you see this simple truth! —- Anyone can learn what it takes to win!
You simply need to start with a clear view of the field of play, the object of the game, and the rules that control all the players … including judges and lawyers!
This affordable, step-by-step self-help course will teach you everything you need to know on
how to WIN every case…. .http://www.jurisdictionary.com/?refercode=WS0009
Check it out it, it just could be what you need to help you WIN..
If you have any questions you can e-mail me if it’s OK with this Blog.
My e-mail is: FreedomInvestmentSolutions@Yahoo.com
I’m just trying to provide solutions to those that need help and direction, this program will provide that for you. It will also provide you with knowledge to know if your own Attorney is doing his or her job.
This way you’re in CONTROL of your case because you have the knowledge and education.
God Bless you all and together WE CAN WIN and BE FREE.
Steven Wagner
I want to educate those people trying to do loan modifications. Many have called their lender asking for help, what they tell you. We cannot help you unless you’re late on your payment. To me that is providing legal advice and not a solution. They should legally be held accountable for that poor advice.
Here is why they tell you to be late before they can help you. Once you fall behind on your payments the service provider can purchase the debt for pennies on the dollar, they then hide behind The Fair Debt Collection Practicing Act. Yes, they tricked you again. They went from a servicer servicing the loan for the so called note holder to a debt collector. For them to collect the debt there suppose to be registered in your state as debt collector so you might want to see if they are, many are not. Now that they own debt they can do a loan modification, if you do a loan modification your giving them a reason to create a new loan and note, because they don’t have the ORIGINAL NOTE. So don’t help them STOP doing LOAN MODS, you’re playing into their hands. STAND UP AND FIGHT TO KEEP YOUR HOME. So you say Steve that’s not that easy, your right, but you still have rights. I don’t want to write a book here although I’m working on putting together a Foreclosure Defense Manual.
Here’s one way everyone can get resolution to their foreclosure problem. Contact your local Sheriff, before doing so watch these links;
http://www.sheriffmack.com/index.php/books-by-richard-mack
http://www.youtube.com/watch?v=bLJgPuNAh60
http://www.youtube.com/watch?v=L-JQeqTXYu8&feature=related
http://www.youtube.com/watch?v=QiBcC8_goVg&feature=related
http://www.youtube.com/watch?v=7nfVjgp7OYE&feature=related
http://www.youtube.com/watch?v=SzaLP9dTXhE&feature=related
http://ricoforsheriff.com/
Now send these links to your local Sheriff, your local Sheriff took an oath to up hold the constitution and has the power to stop these Foreclosure as you saw in the videos. When you send this to your Sheriff you’ll find out if they’re standing behind the oath or not, because if they are they will STOP all FORECLOSURE in your COUNTY.
If not, you need to pressure them, how, by blasting them on YouTube, Facebook, tweeter and other social media and ask them to step down, start picketing in front of the Sheriff’s Office, or make up a sign and put on your car, Impeach Our Sheriff for not Up Holding the Oath or something of that sort. I have a premade e-mail to be sent out if anyone wants to use it.
Also understand the owner of the Note is the only one that has Legal Standing to FORECLOSE, it’s not just about producing the note it’s about who has legal standing. If the note was Securitized and Sold to Wall Street then the Note was changed making it VOID..
What I mean is that the note got converted from a Note to a Stock and then sold to Wall Street as Shares… think of it as an Apple going into a Blender the end result is Apple Juice, you cannot convert Apple Juice back into an Apple. Nor can they convert the Note once it’s changed back to a Note… If it was sold as shares then only those share holders have legal claim to Foreclose, the question is who are they and how do they know they own your note. Even if they could don’t forget the point that the note was converted and VOIDS it out.
The problem we have are the Judges took an Oath to up hold the Constitution as well, Personally I believe they are not up holding there Oath as well.. search Judges Oath and you will see they are suppose to protect us from Fraud and up hold the Constitution which they are not doing,
The other concern I have and each of you should have is what legal process are we now operating under, there’s a flag now hanging in the courts with Gold Trim. People we are operating in commerce should you not understand the system? DO YOU? You need to understand that the constitution and money (gold and or silver) is long gone and that you are in a new system known as commerce which does not operate with money (gold and or silver) but with negotiable instruments. Is the system fraud, treason, satanic, corrupt legal but unlawful ETC.? It sure is but you are involved in it almost every day of your life. Now type in HJR 192 in your search engine. HJR stands for House Joint Resolution 192 and that is where this scam began. At this time the people gave up there gold and silver (money) for Federal Reserve Promissory notes.
But if you read HJR 192 and understand what it says the government also said that they would now pay your debts for you because you no longer can. That means if you understand the scam the government will pay for everything for you. When you were born and your straw man got his birth certificate you should have gotten a check book along with the birth certificate. I know you did not but you should have that is where the fraud starts. They had to do this so as not to be charged with treason at that time. Now do you understand why some of you may have had a judge tell you the constitution cannot be argued in his court? The court is not a constitutional article 3 court how can it be you have no money. You are in an administrative court with an actor acting as a judge in commerce not the constitution. And your straw man is before the court but you are there with the straw man so you become the surety for the straw man. The actor judge is not talking to you he is talking to your straw man.
America is under a system that is called commerce and commerce is a different system than the constitution. Trying to mix the two systems is like trying to mix oil and water you can’t so if you do not understand the system you will lose every or almost every time. One system operates with gold and silver (money) and the other system does not. Those who refuse to learn this, this system will destroy you and you will never know why. You still do have rights guaranteed by the constitution but only if you learn the system you are in WHICH IS COMMERCE.
In every court house in America there is now a flag haning there with a gold rim, the reason there is a gold rim is because of Admiralty Law. Whenever you see a gold rim on a flag it means you are accepting the use of Admiralty Law when you testify or have representation within that court. It basically is a set of laws that governs corporate actions. It is derived from Maritime Law. You as a person are a corporate entity of yourself in a Admiralty Law court. There is ALWAYS a monetary value attached to court decisions in this type of system. UK, US, Canada, Australia and other countries legal systems and governments are based on this Admiralty Law. Whenever you see YOUR NAME in ALL CAPITAL letters that is your “corporate identity”. Your drivers license birth certificate social security card and anything else pertaining to the government, debts, or trading of goods or services will have your name in all capital letters. This is not you it is your fake corporation set up at your birth to keep track of all your debts public and private.
I believe if these Judges did their Job and up held The Peoples right there would not be one home FORECLOSED up on. I’m starting to wonder if these Judges are being paid off by the banks..
Jail the Bankers and Jail the Judges are signs we all should be holding.
I’ve heard one can file a Lien on the Judges bond which would cause serious issues. Some other options the people may have is putting your home into a Land Patten or Alldoial tile and filing a UCC 1 on your property. I have to find out more about the UCC 1, I just spoke to an individual last week about this.
I hope this info helps shed some light. What I really want are the readers to take action with contacting their local Sheriff and getting him or her on board to FREE the PEOPLE from the FRAUD and STOP these FORECLOSURE though out the USA…
The Sheriff could be the key to resolving this but I have a concern and ONE question I want to ask these Sheriffs and it should be a question you too should be asking, that question is;
Do they believe in the Oath you took and do you have the Courage to Stand up for The RIGHTS of the PEOPLE or do you stand and represent the system?
Some other resources:
The Creature from Jekyll Island > http://video.google.com/videoplay?docid=-8484911570371055528#
http://www.ba-group.com/…/Affidavit_of_WalkerTodd_Aff_1_20_041.doc
Then Click on STATE OF MICHIGAN – BA-Group Home Page and down load, you must have Microsoft Word.
The expression from the book Modern Money Mechanics, published by the Federal Reserve Bank of Chicago that “deposits are merely book entries” is now easier to understand. I suggested you read the book “Modern Money Mechanics” by the Federal Reserve, you should be able to Google it.
Thank you
Steven Wagner
God Bless you Steve Wagner – the first comment provided great instruction, however your second post is just a bunch of patriot babble and nonsense, except perhaps for some of what is shown about the duty of the Sheriff and the Oath, so please be sure and use your discernment as you walk in the spirit that will guide you in all truth.
The law is not the same in every state.
The UCC has nothing much at all if anything whatsoever to do with foreclosure.
Judges do not have to have bonds – at least not in Indiana, but may as did Justice of the Peace Office, that has been abolished by statute perhaps twenty years ago and judges everywhere are absolutely totally immune and besides that immunity, no bond covers violations of constitutional rights as all bonding companies would be out of business overnight for claims for rights violations, that are perpetual and overwhelming.
The concern about the gold fringe is a fantasy that is dangerous and worthless to argue about.
There are many other things that you have swallowed hook, line and sinker from a stinker that you need to clear your head about and concentrate on what you first stated, law of the case and the trials rules are the two things that you must focus on to win, not in the lower court but by the record made for appeal.
I have known the Dr of Jurisprudence for over fifteen years and he does have some very good instruction, although it is only as perfect as the student learns this information and goes beyond the instructor to be better.
Michael @ The “MIXED WAR” Room and The Trials of Life
Would love to hear your comments on this one.
My home in CA was foreclosed upon by Select Portfolio Servicing, on behalf of a First Franklin 2006 RMBS. In August of 2009, I was offered a “trial loan mod” as I was behind in payments. I had to pay an initial amount of $49,000 (not a full reinstatement), then nearly $5k per month. After accepting my payments for five months, and taking in all of the requested paperwork from me, they did not deny my mod, but rather said the “investor” now wants over $7k per month, but my income doesn’t qualify for the increased amount (but it did for the $5k). I re-submitted my income after renegotiating some partnership agreements I was involved in to show I can afford the $7k payment based on their DTI ratios. SPS never once argued about my income docs or questioned the amount. Their response? In order to review this further, I had to come up with an additional $13k. What? It gets worse, over the next four days, the amount I needed to pay them to review (without any guarantee of approval) increased to $126,000. The loan was over $1m. I told them I couldn’t, and wouldn’t pay this was not part of our agreement and was extortion.
SPS suggested that I make them an offer to short-pay the loan, which I had already done over a year prior. They even told me to not make any payments since we couldn’t agree on the amount. SPS “appraised” my home four times, kept me in foreclosure, forced me to file a BK to stop the sell, then ultimately foreclosed about a year later. After dealing with this for nearly three years, only a few weeks prior to the sale did they accept a short-pay (at a higher amount that I offered), but by then, my source of funds had dried up.
I have hired an attorney and we are suing for fraud. No lender has an obligation to modify the terms of a loan, however, if they put forth the contract, tell me what to pay, then accept all the payments, they do not have the right to simply change the terms of the contract at will.
Has anyone had a similar experience? I’ve read about a lot of broken loan mods, but never one like this.
Thanks….
you think you have been extorted? its about the same over here in florida. since 2009 i have been dealinf with wells fargo. didnt know much about the fraudclosures then. but i lost my job and asked for help that was my 1st intro to securitization. now i know why pwople walk away. i was told that i could not helped unless i get ajob when i did finally work and submitted all the paper work dozens of time because somehitng always got “lost” i madt to much even though i was unemployed for 5 months they gave me a wells fargo mod ???? that was hire then my original. i cried pleaded and begged for a lower payment they rold me either foreclose (which i should have then because i could have been coaught up in the stern shennanigans) or short sale. i then told her about my 20% investment. i find hard that they take our downpayment and when this happens thry dont want to help. then of course they new i had no more money reserves. i called to tell them the bp oil spill has left me under emplyed and my husband got sick and could not work. they told me i had to be in emminent default for them to help me. now the real fun starts, by oct 2010 all my paper work i should have had a mod approved when i was only 3 months behind right. nope i a call every week from wells fargo to tell me i was in review i would send them this and that . dec 2010 i get a frantic call fronm my loan processsor that her computer was hacked someone got her passcode and moved my file out of review to the next “cog” or level. by 1/11 she was off my case never heard from her again. i received a letter from wells fargo asking for more paper work byy feb 14th. i sent it fedex feb 4th, on feb 16 i receive a letter that i was denied a hamp loan because failure to send in proper paper work. by feb 21 i was sent to a foreclosure lawyer in orlando florida. by this time i found out about the hamp fraud and had it with them. i tried to complain to the OCC ect and they just keep dishing out lies that i did not do what i wass uppose to. i am sickened. i saw a case in michigan someone sued their bank for fraud and won. i wish i couold sue them no one in florida wants to help can not get a lawyer to call me back. i feel like i am in the twilight zone.
You noted one of th major problems, when you complained to the OCC. The federal government will not backup homeowners, whether they are in the right or not. They have repeatedly shown they are only trying to preserve the wealth of the top 2%. You cannot rely on the government, but you can hound the s**t out of them for not doing their job. In my recent SEC exemption requests, I was told by Katherine Hsu that the SEC “does not know what to do” in this matter. The problem is, they know we are in the right and there is no obligation between a homeowner and an investor or trustee. The seller of the securities is the guarantor of the contract, not the homeowner. For a legal contract, one must be given consideration. There is no consideration offered or paid between an investor and homeowner. The lender gave the consideration. The investor is not a successor in interest. The are bona fide purchasers of a debt obligation on collateral held by an entity not party to the contract. In essence, they purchased nothing.
Investors in 99% of RMBS are created under New York law. If you read your mortgage docs carefully, the mortgage is under the federal laws, and the laws of the jurisdiction of the property. The RMBS is not valid unless you live in New York. The trustees and investors have no standing, if properly plead by a “competent” attorney who actually reads your mortgage docs. Their only recourse is against the seller, who is the guarantor. The SEC knows this but will not put anything on paper stating such.
The other federal agencies are the same. Hell, the FDIC took over a bank and was caught in filing false affidavits themselves. What everyone needs to do is keep pressure on these agencies, and your state and federal legislatures. Being from MA, this seems to be working. Our judges have caught on to the shady practices of the financial institutions. There is also a statewide investigation of MERS, which has caused one of our counties to pull their money out of Bank of America, because they use MERS. The dominoes are close to falling. We need to keep HEAVY pressure on our elected officials to act appropriately.
I have a permanent mod from CountryWide that was offered under the streamlined processing called for by the “CA AG Modification stipulated agreement” that CW and BofA agreed to with the CA AG.
I returned the agreement with my signature notarized and the required paperwork. The Fedex as delivered on time, the paperwork was checked and I was verbally told that the paperwork had been VERIFIED. The modification was supposedly “MINE” I was told. The next steps were to then enfold that agreement into the actual loan. I was supposed to await sending the first payment until I received a payment coupon matching the modification. Supposedly it could take another 60 days or so for the final processing and the payment would possibly be adjusted for any payments due during that delay. Only problem with this picture was the notification of servicing being sold that I received. That mod had supposedly been effective as of April 1 with a first payment due on May 1 (except for the instructions I received differing). Now this new servicer was to take over on the very day that the first payment was due on the mod but there still was no payment coupon for the new amount. The new servicer claimed they would adhere to any COMPLETED modification. CW/BofA claim they never completed the modification. The new servicer refused anything but the full payments. They claimed to have no cause to comply with the mod that had already been notarized. BofA never recorded the document.
THEY offered the mod. I complied. They never reported any reason to me that the offered contract was not valid in a timely manner. Even after the servicing transferred, I was being told the mod was still being processed. More than 2 months after the transfer, I was simply told the mod ‘NEVER HAPPENED”. That is a breached agreement. A Superior court judge found cause to hear the case. BofA argued that financial documents MUST have the signature from BOTH parties. That same argument would allow me to claim the original mortgage documents were not valid since they are offered by the ‘lender’ but never counter-signed by the lender. There is not even a place for a lender to sign on original mortgage documents.
It became apparent that I was better off questioning the validity of said original mortgage rather than try to pay legal fees while also making sizeable modified payments per the court. It amounted to paying more than the original mortgage payment.
The replacement servicer has only made things more interesting by first claiming the mortgage was securitized into a particular trust, then nearly a year later, after I moved the case to BK court, that servicer’s employees created and recorded the assignment that attempts to put the mortgage AND NOTE into the trust that it SUPPOSEDLY was already in. (MERS can not assign a NOTE, but the bozos had to try. CA courts are now ruling that MERS can not assign even the Deed.)
The servicer is actually in the role of a debt collector and they are helping give the debt collectors a bad name with these attempts at self-serving assignments and attempted fraud on the court all packaged together.
Call BofA and have them show you that they have any successor interest in your Countrywide loan. Tell them if they do not give you that within 30 days, you will send a notice of dishonor claiming that they are not a party to your contract with Countrywide, after you have given them proper notice under the contract, and they refused to state a legitimate claim to any ownership interest..
Shhhh. Even ole’ CountryWide is not my LENDER. My lender is a supposed corporation that was never formed by CountryWide in New York. The Deed very clearly states that the LENDER is a New York Corporation called “America’s Wholesale Lender”. Even the later attempts by Litton employee’s claiming to be the MERS nominee are signing as the nominee of “America’s Wholesale Lender – A Corporation”.
Now to seal the fate of ‘AWL’, another group DID incorporated that name in NEW YORK state at a later date.
The LENDER on my documents NEVER LEGALLY EXISTED. AWL did not register as a lender with my state as required.
CW has been using ‘D/B/A’ filings in numerous states to bluff there way through this mess. If the DOCUMENT claims the entity is a CORPORATION, the subterfuge of the D/B/A will not work with a competent attorney and any court that truly hears the pleadings..
Because Litton has filed that assignment into the ‘Trust’, BofA is not claiming any involvement at this time.
That assignment is a hoot.
Hell no,
I found this for you. It is a CT court decision stating AWL, as a “trade name” for Countrywide, and not a legal entity, has no legal standing to foreclose….
http://www.docstoc.com/docs/52560981/Americas-Wholesale-Lender-v-Silberstein
@ Tim Bryant,
Yes there is the Silberstein case and also the ‘Pagano’ case. In EACH case, CountryWide attempted to foreclose in the name of the LENDER named on the Deed and Note which is “America’s Wholesale Lender – A Corporation”. There is also a Texas case that was similarly decided and even references Pagano.
In each case the courts ultimately ruled that the corporation does not exist and never did exist.
My mortgage is exactly like the ones cited in that the mortgage documents, on their face, claim that the “America’s Wholesale Lender” Corporation is a New York Corporation.
No such corporation existed in 2005 when my mortgage was originated and that is also the same year the Connecticut cases were decided on Appeal. In 2008, another group created America’s Wholesale Lender Inc in New York. This serves to prevent CW or BofA from renaming some other of their corporate menagerie as the missing AWL Corp. to try to fool people to believe that the corp did exist.
Unfortunately, people are not hearing that this false LENDER situation is an open invitation to eventually doing a ‘quiet title’ after dispatching the pretenders.
CountryWide is bluffing the situation. In some cases, they attempt to convince judges and attorneys that they can use a “D/B/A” to overcome the problem of these badly written documents. GET REAL. To use the D/B/A, it needs to be STATED ON THE DEED AND/OR NOTE.
On some newer mortgages, at least the NOTE reflects the LENDER is “CountryWide D/B/A America’s Wholesale Lender”. Notice the difference that those do not show “AWL Corp” at all.
My documents are of the earlier variety that do NOT reference any D/B/A. My documents clearly reference the never-formed AWL Corp.
It is then outrageous to realize that CW claims to have securitized my mortgage into CWABS 2005-10. To add to the false documents, they never generate the assignments that are required by the PSA.
These loans are a clear rip of both the borrowers and the investors in those CWABS certificates.
In truth, no corporate entity exists to ever give a valid satisfaction of these mortgages should they be paid off or refinanced.
As I noted earlier, CW uses the not-in-evidence D/B/A or else they bluff the usage of MERS. Another tactic is to have the servicing moved to Litton and have THEM generate the necessary FRAUDULENT foreclosure documents.
I would say that by all these cases, BofA has no successor interest on a trade name which it does not own. You should go for quiet title.
I also sent an email to some media contacts about this scam. Wall Street is just continuous bulls**t. I really feel that Stock Exchanges should be made illegal. There is so much fraud, and dark pools, etc. The SEC is totally incapable of regulating it (even if they actually wanted to).
i can’t find the actual thread where he posted but it was a slam
at michael about his moderation.
yes, i have been taken aback at some if the language used sometimes
but i am pretty strung out, exhausted and furious at what my family has been through in court.
if mr. lvcopman or whatever his nic is thinks that he can moderate or produce a better blog, go for it.
it is easy to criticize when you are not in charge.
michael redman and lisa epstein have been a lifeline for family during this horrible debacle of fraudclosure.
they are frequently at the courthouse.
the websites of michael, matt w., denniger and lisa
have provided information that we desperately needed.
with each filing, we hope that we are helping not only our family but those who who are scouring the internet in support of their own cases.
i think that politically i may the polar opposite of some of these posters, but they have been so generous to me and have helped me hang in there, giving me support and encouragement
when i have felt so low and exhausted,
so mr. las vegas dude, start your own website. it is not an easy task.
or use your scroll bar, man. really. grow up.
Very interesting court decision. BofA claims there is no successor interest from Countrywide in regards to investors and RMBS. This would mean that anyone who had a Countrywide home loan has no more obligation. BofA just cut their own throat….http://shortsaledailynews.com/california-judge-rules-for-bank-of-america/
Anyone who has lost their home by BofA, if they originally had Countrywide, should contest a wrongful foreclosure.
Omg, I’m text book to everything that’s been said, And lost beyond. I started with cw which we all know is BofA now. Asked right away in 2007 how to refi was told to hold off. Then I was told I should get behind a few payments to show I needed the help. BofA is short selling my home right now. Auction maybe at the end of the month. Can’t breath having trouble knowing what to do. I have a hard time talking with people and sticking up for myself. Just lost my mom, my business,my husband now my home…Do I really have rights to keep my home? The acting realtor says I have no chance at all. I know I sound whiny. Your comments are the 1st hope I’ve had.
Who is then responsible for the Countrywide liabilities?
That will probably be answered when Countrywide borrowers who had their houses foreclosed by BofA, go back to court challenging the foreclosures. The court obscured the lines of successor liability, so BofA would need to show that the CW securitizations were not “de facto”. That would be nearly impossible for them to do given the PSA language and the 25% investor resolutions needed to approve a merger under an RMBS.
Where the biggest question comes into play on this decision, is in respect to MERS. The membership in MERS by CW would be a “de facto” merger under the judges decision. That would mean MERS authority for the mortgages, as nominee for CW, ceased effective June 1, 2008. Since BofA is not mentioned in the mortgages, and they are no longer automatically a “successor”, neither MERS, nor BofA, nor any trustee / investor have standing as a successor in interest, unless and until THEY can prove they have standing.
BofA did homeowners a tremendous favor with this decision. The ball is in our court now. BofA needs to prove standing. Any homeowner facing (or faced) an action by BofA or MERS (if they had CW originally), should file motions to dismiss due to lack of standing, citing this case. If you thought the doc fraud was already bad, wait until BofA is creating false docs showing any type of de jeun mergers, for RMBS and MERS.
When you refer to borrowers who had CW “originally,” would that include the loans that were sold to CW for servicing before BOA bought CW?
That is beautiful, ha ha ha ! I knew there was a reason for me to keep getting these e mails !!!
While that cited article states Bank of America is not the successor to CW, another article in states that CountryWide exists as a separate, wholly owned subsidiary of Bank of Amerifraud.
Now it comes down to whether that subsidiary is the entity that supposedly never transferred the loans properly. If that is the case, could the investors try to go after the only possible remaining assets in CountryWide, those improperly transferred mortgages?
messed up the link:
http://www.businessweek.com/news/2011-04-23/bank-of-america-dismissed-from-countrywide-securities-suit.html
The whole is a stack of lies. If they claim no liabilities then there is no successor to the mortgages.
MERS cannot have legal standing, no matter what, they’re a database holding only, not a financial entity.
The mortgages were then floating out there in mid air with no owners. Wow.
The noise of the fall will be loud when the mortgage fakers finally collapse under their own weight.
MERS would be the prime example. Under the decision, there is no de facto merger created by a MERS membership. Therefore, CW’s membership with MERS would not carry over to BofA.
This is not the first decision with this outcome. In 2008, DE judge Sue Robinson tossed out a lawsuit against CW by its shareholders, stating that the defendents lost standing post-merger. That can be viewed here… http://www.dandodiary.com/2008/10/articles/subprime-litigation/countrywide-delaware-derivative-lawsuit-dismissed-what-happens-next/index.html
The decisions go to the heart of the DE laws which both CW and BofA are incorporated under. What is BofA’s successor liability for CW under the DE articles of incorporation? The more important question is, how can BofA play both sides of the field depending on what is most convenient to them at the time.
Sorry, that should have read PLAINTIFFS lost standing
It should be clear that BOA’s liabilities are not limited to CW. BOA issued scores of RMBS themselves.
And then there are the loans written as “America’s Wholesale Lender – A Corporation”. They also claimed right in the Deed of Trust that it was a NEW YORK corporation. Well, on the dates when most of those loans were recorded, NO SUCH CORPORATION existed as yet in the state of New York. Eventually a corporation WAS formed in New York in that name. However, no connection really exists between the corporation named on those loans and the corporation that someone eventually decided to register at a later date.
Do NOT get fooled by the D/B/A status CountryWide filed in many localities claiming AWL to be it’s trade name. If your loan says CountryWide D/B/A America’s Wholesale Lender, only then is it possibly the valid usage of the D/B/A status.
If the mortgage asserts that AWL is a CORPORATION, then the D/B/A entity claimed by CountryWide is NOT the same beast.
Just like there are dangers for BofA to have claimed it is not the successor to CountryWide, so too are there dangers for a company that tries to assert that a tradename is a corporation without any such proper filings of said corporation.
From how I read the decision, I believe AWL would also be a de facto merger, and invalid for successor liability.
@ Tim Bryant
“From how I read the decision, I believe AWL would also be a de facto merger, and invalid for successor liability.”
If you are dealing with a loan that documented the lender as the “D/B/A” of CountryWide, I agree with you.
IF the loan instead documents the lender as “AWL – the Corporation”, I disagree strongly.
A corporation that was never FORMED? This lender is a non-entity. If CountryWIde could have claimed a ‘de facto’ merger with it’s erstwhile offshoot, it would not have ended up with such cases as the ‘Pagano’ and the ‘Silverstein’ decisions against it’s usage of a TRADE NAME on these loans.
You see, years ago, when CountryWide was issuing these same mortgages in the name of this never-formed corporation, it tried to foreclose in the name of “America’s Wholesale Lender”. Since that time it uses other ruses, typically either the false usage of the ‘D/B/A” or even an assignment via MERS. They are all ruses.
Hell no…
Your point is spot on. The decision clearly states that an entity formed after the de jeun merger would not have standing as it was not part of the merger deal. Not even being incorporated at the time would be far worse. If the loan was securitized, it would be an SEC violation for fraud in the sales and representation of securities. BTW, the SEC has already disgorged CW for this, and there is a prevention order to cease and desist.
@ Tim Bryant
If that SEC order has any teeth to it, do you realize how many of these “AWL Corp’ loans are out there and how many are being foreclosed on?
Do I search the SEC site?
BTW, I started hammering on MERS on another thread, questioning why no one has gone after MERS for allowing a CountryWIde to acquire MIN numbers for the “AWL Corp” loans.
Since AWL Corp never existed, there is not a shread of a possible way for MERS to be a nominee for a non-existent corporation.
Why not also get a ruling against MERS?
Do you have a link handy for that SEC ruling on CW?
The SEC link is… http://www.sec.gov/news/press/2010/2010-197.htm
http://www.sec.gov/litigation/complaints/2009/comp21068.pdf
@ Tim Bryant,
For all those others out there with these “America’s Wholesale Lender – A Corporation” loans: The deed and the note BOTH list the corporation, AWL, as being a New York Corporation. (Absent Without Leave is such a good acronym fro these loans)
Now if you go to the NY site, don’t give up when you see that the IS a listing for “America’s Wholesale Lender Inc” shown.
Check the FULL content of that listing. It is entered as of 12/16/2008 which is AFTER most of these WILD loans.
Also, note that the information on who formed the corporation is not related to CountryWide or to Bank Amerifraud at all..
What BofA uses is the CountryWide attempt at a ‘D/B/A’ or the generation of blatantly false documents like I have thanks to Litton.
BTW, given that ‘my’ phony assignment was generated after court proceedings had begun, these documents are very intentional attempts to mislead the court and commit fraud on the court.
Even if BofA tried to acquire this other ‘AWL Inc’, it is of the wrong VINTAGE for most of the loans in question. This AWL Inc was even formed AFER the date of BofA’s take-over of CountryWIde.
IF people don’t LOOK to hard, ALL of the fraud just flies by.
Awesome info for me on this thread.
I have a “Countrywide” loan – (serviced by BofA), but it’s actually AWL.
On the 2nd page of my Deed of Trust (dated 07/26/06) it reads:
(C) “Lender” is:
AMERICA’S WHOLESALE LENDER
Lender is a CORPORATION
organized and existing under the laws of NEW YORK
Lender’s address is:
4500 Park Granada MSN# SVB-314, Calabasas, CA 91302-1613
An attorney has already told me this “Lender” is not really a corporation.
The only place on my Deed of Trust where the name Countrywide appears is on the first page above the “recording data” line (it reads):
After Recording Return To:
Countrywide Home Loans, Inc.
Yes, TC, welcome to the ‘AWL’ club.
It is a club that could have a LOT of members if people were to wise up. We don’t even have to worry about CW/BofA doing a late creation of the AWL corp in NY. Someone else already did that.
My own ‘AWL’ is from the prior year but thanks to BofA resisting the CW mod (an ‘AG mod’), my servicing was moved to Litton.
Litton created an assignment 5 years too late. It is quite a creation in terms of impossibilities. Since WHEN can MERS assign both the deed and the NOTE? This impossible assignment document is very fitting since the lender never existed,
Also, TC. I would recommend you always refer to that as an ‘AWL’ loan.
You do not want an attorney working for you to refer to it as a CW loan in dealings with the court. Unfortunately, there have been attorneys who blundered in court.
CountryWide was only your previous SERVICER, never your LENDER.
Here is an interesting case naming AWL, CW, BofA, etc. It is pretty vivid in it;s descriptions of these companies. May be one to watch…
http://cdn.getoutofdebt.org/wp-content/uploads/2011/05/bankofamerica.pdf
@ Tim Bryant,
While that case you cite is of interest, I did not find any mention of “AWL Corp” or “America’s Wholesale Lender” anywhere in it. Was there possibly a separate ‘AWL’ suit?
I would think that the other attack mentioned earlier here regarding AWL not being formed as the claimed corporation as a far easier attack on AWL loans.
Anyone who wants to look up SEC info on a person or company, here is the link…
http://sec.gov/search/search.htm
Hell no,
You will like this one. Read the first notice carefully, and see how AWL, now defunct, appointed a substitute trustee to a loan in which they are not any part of the RMBS…The 2nd link is the actual PSA.
http://www.dallascounty.org/department/countyclerk/media/foreclosure/May/DeSotoa.pdf
http://www.secinfo.com/d16VAy.1Xy.d.htm#63wf
@ Tim Bryant
Since “America’s Wholesale Lender” is listed as a corporation yet the one that REALLY exists by that name is unrelated, will BofA try to avoid reporting the funds from that sale on its books?
How can they handle this without an IRS problem themselves, or possibly on the part of the company that was formed in NY in 2008?
I know this is hardly a blip on their corporate balance sheets but I’m still wondering how they can take in money in the name of a TRADE NAME?
Hell no,
Does AWL list anywhere the state they claim to be incorporated. This info could be looked up on that Secretary of State’s site. If they are not actually incorporated, or were not at the time, they have no authority to operate as a business. This could create an estoppel by operation of law.
thanks Tim Bryant-I have not lost to CountryFried yet….Your post is very uplifting for me.
My lis pendens was served Jan. 2009-Marshall Watson Firm-my county court Judge has been changed
three times. 2009 One of the Judges retired early-was quoted in the local news as saying he was “tired of
South Florida Lawyers, smoking Cubaleros (spelling?)-not even responding to his court with Phone In priviledges”. Judge John Doyle.
Aug 2010- My Pro Bono-God Bless him- Attorney filed a Motion for IN CAMERA INSPECTION OF DOCUMENTS NOTATED TRADE SECRET-these so called “Trade Secrets” were used on most of their answers to “Discovery Motion”. The new Judge sent them a Lack of Prosecution Notice to even get their
response-they filed/faxed- non-answers-the very last hour of the deadline !
June 2010 My Attorney said Watsons Office- “answered/responded” to this Discovery (13 questions) with NON ANSWERS which are totally unacceptable-not even a mortgage balance !
Aug 2010 my Attorney had to file a NOTICE OF ADDRESS-watsons Office was sending his mail to the wrong address-which is on file with the court.
So here I sit here hoping the Sheriff will not come or come home to find changed locks.
Thanks for any info on Countryfried/BOA/MERS-Mortgages & Note-which are BIFURCATED. I did not sign the NOTE-I did sign the Mortgage-Homestead Tax Exempt for ten years.
In light of the recent CA decision, you should contact your attorney again, and have BofA provide documents showing that they have successor interest on your mortgage. If they do not prove this, go to court for quiet title. MERS definitely has no successor interest to CW. I do not believe that BofA could prove successor interest in a mortgage from CW assigned to MERS as nominee, as MERS claims to hold the legal title as mortgagee. If BofA has no successor interest, you are no longer liable to anyone, as MERS, is bankruptcy remote and cannot hold any assets on their own.
@tim bryant I have no assignment of mortgage recored in my county yet wells fargo has called them selves my sevicer since i started this in 2009. can you explain this. on a post someone told no AOM because wells fargo prob has the original, but since they are the servicer there is needs to be an assignment giving the right of my note back to them am i correct?
enough already…
Who is the original lender and/or servicer?
Does anyone know if the “MERS” corporate stamp is actually optional?
I have seen some documents where the wording indicated the document was not valid unless it had that corporated stamp. At the same time, I have seen other documents, also generated by Litton employees, that had no stamp and no reference to any such cheap stamp. (It costs all of $25 to buy it from MERS. I guess Litton either wore theirs out or did not buy enough of them.
The Case Against Allowing Mortgage Electronic Registration Systems, Inc. (MERS) to Initiate Foreclosure Proceedings
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1791896
Nolan Robinson
Benjamin N. Cardozo School of Law
I am no attorney but I you have court cases with MERS I would submit a Judicial Notice to the court with attached document!
There is another area of law to look at with respect to MERS…..labor law. There are numerous “joint employment”, “employee misclassification”, and “underground economy” laws. MERS members are signing as MERS employees. Nowhere on the docs do they state they are employees of their real employers, with membership by MERSCORP, Inc. They are claiming to hold actual employee positions, which they cannot hold for both companies. Not only would it be a conflict of interest, it would be joint employment, which would hold MERSCORP, Inc regulatory responsible for the same employee (i.e. employment taxes, etc.)
I commented about this issue of ‘dual employment’ in an additional light on another site over a year ago: frequently the person is claiming to be an employee of a bank or other regulated institution. These regulated companies can have requirements that any ‘dual employee’ has to have specific approval from the board of directors.Even Judges have not initially realized the document signers were neither an employ of MERS nor an employee of the company which MERS was supposedly allowing the person to sign for as a ‘nominee’.
I never saw anyone take an interest in that argument either. Not only do these people not typically even have the credentials they need from MERS, the banks that they are signing for have never recognized these people as their employees, much less a ‘dual employment’ situation.
Even for state-regulated banks, there are likely similar rules, especially when the employee is signing such supposedly important documents.
So, I would actually say these signers need to be truly recognized as employees of ALL the institutions they are signing on behalf of. I don’t think the boards of all these banks can have this many multi-hate-wearing employees. I think the norm is to have just a person shared with one other company, not the multi-headed beast that MERS employees seemingly are.
I submitted a complaint to the Massachusetts Task Force for the Underground Economy and Employee Misclassification. This Task Force was created under Governor Deval Patrick by Executive Order 499. I will let you know if anything transpires.
Is MERS planning to outsource their storage of database to another nation? The database is located in the
D/FW area….is this to be moved out of country? B0A has some of their banking call centers now located out of country, are more banks planning on doing the same? If they move their data out of country, how will investigations involving search warrants gong to work?
Did you ever try to get your computer repaired talking with an agent in another country? They don’t know what you are saying and you sure don’t under stand what they are saying? That is probably the reason they are going to out source.
Fits in with the rest of the Bank’s scams.
Great point! Exactly what’s been going through my head. Isn’t outsourcing supposed to be about efficiency? Prob applies more to what Marilyn is saying about call centers. Isn’t all this tech supposed to remove the human labor factor? Guess they’re planning to fake more docs or another toxic loan boom.
I’m not sure about the efficiency, but what I do know is, it is about MONEY like everything else. Companies that outsource jobs to other countries that are highly profitable companies still don’t want to pay US wages when they can pay a person in a third world country $50 a month. Just like the destruction banking and fraudstreet caused, unemployment keeps rising due to the outsourcing. Companies that do this do not care about this country or the folks who live here. In addition you have machine technology replacing the need for humans. This is all while inflation is rising. The country needs a total readjustment!
Like I said SUPPOSED to be…it’s how they’ve sold every politician and avg Joe that everything will trickle down and it’s good for us. Beyond blatant corporate welfare types. Efficient in terms of numbers, quality not so much. And added bonus no whistle blowers!
I am looking to see if anyone has any docs with signatures of a Linda Hall. I am researching a possible forged Warranty Deed and HUD-1 settlement statement. Any help would be appreciated…..thanx
Please check this out…
http://www.bloomberg.com/news/2011-04-28/bank-of-america-said-to-target-individual-states-to-block-foreclosure-deal.html
That is a crock, of finding a path of least resistance instead of going after these entities for criminal action.
A mere slap on the wrist that allows them to set up new scams to take the rubes. They need to have the fear of God and death put into them. It needs to be put in such terms they’ll never contemplate going down that
path ever again.
In the old days, this used to be called obstruction of justice and witness tampering. Nowadays it is just “technical issues” with “negotiations”.
Another clear showing that justice is no longer blind. Her scales have been shifted by the weight of campaign contributions being received by the attorney generals.
I think justice is only going to come at the hands of the people……a sad state of affairs!!
What is this? A new game in town?
Friends bought a house last November, using a VA loan. They have been approached by a broker with Ameribank offering to refinance them with no origination fee, or other closing costs with the mortgage interest
at 3%. The broker is coming to their house to persuade them to the refinance. There are flags, but I am not
able to ascertain as I am not familiar with Ameribank.. I have been scanning excerpts where branches have
been closed down to over extending on loans. Is this just a new layer to the same old mortgage scam?
She’s wanting to know what kinds of questions to ask, so she’ll not be blindsided later on by some thing popping
up as a problem.
Ameribank was closed by the FDIC in 2007
Don’t worry though, the FDIC will overlook that “technical issue”…..LOL
Alot of people can be fooled by alot of things. And here is another believe it or not.
The Paramount law for stopping Foreclosures is written in our Constitution.
Art 1. Para 10 Cl 1 – …no state shall coin money, nor emit bills of credit…
So, when you signed your mortgage if the bank that wrote the check to you based it on their
5% or 10 % reserve rule – the rest being the bans credit, THAT MORTGAGE CONTRACT
IS ULTRA VIRES – ILLEGAL.
There is not a bank charter that allows a bank to lend its credit. A bank can only lends its money.
This truth is a very unpopular issue with the banks, with many judges, with the regulators, with wall street and all those maing alot of money from this scam.
It is us, we the people who are going to lose from this massive ponzi fraud, IF WE LET THEM.
Has anyone heard of or dealt with a “Susan Smothers” from Cal Western Reconveyance? Does anyone know if she really exists or has been accused of forging documents?
She appears to be a real person working for Cal Western Reconveyance in El Cajon, CA. You can compare the signature to this document….
ftp://ftp.skagitcounty.net/RecordingImages/2008/11/14/200811140102.pdf
Still seems very odd given the fact she signed my documents in May of 2008 as “Assistant Secretary” and then signed your docs in November of 2008 as “Assistant Vice President” (at least that what I think AVP means). How do you go from Assistant Secretary to Assistant VP in 6 months?
Thanks for posting. Good to compare. Mine shows blank or AUTHORIZED SIGNATURE instead of signature which can help my case. May help yours in overall inconsistency or maybe focus on assignment?
Please let me know if you find anything out of the ordinary with her or Cal Western. I would appreciate it.
Folks,
There are different ways in which we can bring about free market reform and really solve the mortgage problems that many of our citizens are battling.
1) Fight the fraudulent filings in Court .
2) Take collective action to shut down the wrongdoers on Wall Street. Only the wrongdoers mind you.
Please take a look at this url:
http://www.youtube.com/watch?v=RvlvejSxBVQ&feature=player_embedded
While the steps may seem extreme, when no one else is willing straighten the house, we the people have to speak out loud and clear about rightsizing the “players” on Wall Street, and remove the nexus between them and our elected officials.
Watch for more posts on this topic soon.
please let us know we all want to be involved. wells fargo must be vrought down to. i am under so much diress right now. the lies going on for 3 yrs already. i have had enough!!!
Check the market ticker for his latest on the Arizona bill that disappeared and who is actually responsible for
this bill disappearing.
http://market-ticker.org/akcs-www?post=185027
So there’s two scenarios on how hundreds of millions/billions are being made off of home mortgages.
Being used to defraud the home owner and the investors
Or bundled, split to be sold again as derivatives shorted (bet/insurance) that the majority of mortgages
would fail.
Then all they needed then was the right bait to lure the rubes in to bite and get taken to the cleaners.
hey DOC+- thank you for telling it like it is . so where is our president why does he allow this to keep goingg on. if this is fraud. fraud upon us we need to find away to stop this before we all lose our houses. wells fargo is trying so desparatly to get me out of my house. they are lieing to the OCC, lieing to me. losing my paper work. its enough i have had enough. please what can we do to stop this.
I’m no lawyer, but if the bank is already getting aggressive with you, write them a letter asking who owns
your note? Also you need to lawyer up. If they don’t have/own you note, who does? The consequences of this wide spreading with a chance of your home ending up without a clear title ever.
Plus remember you are not alone, there are millions out there just like you.
OUR president? OURS? He is bought and paid for by Wall St and the banks.
He wants the ‘dead-beats’ to move on so they can ‘clear the backlog’ of foreclosures. Selling these homes with their clouded titles is supposed to improve the economy.
If that is supposed to work, they need to speed things up: latest figures for unemployment are just in and they are BAD.
I’m in eminent default on my Tampa, FL home. I have not been served foreclosure papers, yet, but I expect it’s forthcoming. I appliend with BOA for a HAMP home modification in Aug 2010. I sent them a RMA, hardship letter, P&L from my startup business. On Jan13, 2011, I received a letter from BOA stating they needed a 4506-T & Utility Bill from me. The letter dated Jan 13, 2011, needed the info from me by Jan 6, 2011 or the file would be closed. Why this was post dated is unknown to me. I sent the info needed to them via certified mail. On March 4, 2011, I received a phone call from a BOA customer service rep. She stated they needed a copy of my RMA, P&L and hardship letter to qualify me for HAMP. She stated they needed this by Saturday, March 5, 2011 in order to process. I got her email address in order to try and comply with request. I emailed the BOA rep and got no response. I called and got no answer. I emailed again and got a message the email was no longer valid. What happened to my P&L, RMA, hardship letter previously sent to BOA? I received another letter from BOA on March 10, 2011 stating I was no eligible for HAMP because I “did not provide BOA with documents requested”. I contacted BOA about my HAMP request and another CS rep stated my file was closed and she would not speak to me on HAMP. She did suggest a Short Sale option, Deed in Lieu or Foreclosure. Why is my bank treating me like this? I followed directions, tried to keep communications. It’s like doing business with Mafia. Anyway, I found a gentleman that has developed an analysis of the financial impact to the mortgage company/investors of the alternatives to foreclosure compared with the cost of foreclosing on your property. It’s called a R.E.S.T report (Real Estate Services & Technology). A Rest Report is a “game changer”, when it comes to obtaining a loan modification, as you come armed with the same documentation that the mortgage company and U.S. Treasury Department will examine to determine your rights to a mortgage modification. The REST report has helped give me knowledge & understanding to speak with the bank, keeps me from getting transferred from dept to dept and has lowered my stress by giving me options and determin a plan of action as regards to my home. This guy is passionate about helping home owners and WILL NOT let the “banksters” overlook the irrefutable facts that may support a HAMP modification. His name is James Aitken @ (813) 333.6530. He well worth a call to give ALL homeowners needing help with their home loans. By the way, I’m still fighting with BOA but I have a clear understanding of how I’m going to handle my home loan. Thanks, Rodney W. Adams
hi rodney i have had the same treatment from wells fargo bank. have you ever watched the movie the inside job? all our loans have whats called derivitives, or aka insurance on us failing. 30 yrs was t olong to wait. if our loans fail the inveators get millions of dollars. the run around is on purpose. to make you move out. once it is determine oyu have moved out. the wolves move in . it is an uncontested foreclosure. BAM!! moola and losts it. if we stay the course and hire an attourney and defend they have to spend money to they dont liek that. and if oyu have fraud like we do eeven better. i also have been through the ringer with wells fargo. in dec 2010 the loan proccessor working on my file had her computer password hacked and they moved my file. then they took her off my case. then feb/20011 they wanted my financials again. i sent it fed ex have the tracking # and signee. they lost it and also denied a hamp loan for failure to submit the papers ork. i complained to OCC. wells fargo lied to them to. then to make matters imcredibly owrse wells fargo puts the loan proccessors whose computer was hacked back on my case. man this is an incredible story except he name shave not been changed to protect the innicent. keep plugging join foreclosure hamlet.com still in my house and i have an attourney now. good luck
Rodney,
You will appreciate this article….
http://www.nationalmortgagenews.com/nmn_features/mfi-miami-files-bar-1024454-1.html?CMP=OTC-RSS
they will not modify or help you in any way. there is no $$ in it for them.
During the 1980’s S & L Scandals William P Foley Ceo of Fidelity National Title, former Chair of LPS DOCX,
FIS etc. was associated with a S & L, does anyone know which one?
William P Foley is at the helm of all the racketeering going on and at the heart of 95% of all the fraudulent foreclosures.in this country..
CLASS ACTION on forced placed insurance!!! BOA and several other banks for Balboa Insurance can even be back as far as 2006 Go look at http://www.consumerclasslaw.com
Has info to contact them on website. They are getting ready now to file so you can still join the class action.
Thanks Mrs Doutfire I looked at the Class Action but I have a different issue with William P Foley. My issue was not that I bought Title insurance from Fidelity. (although I did buy it from Chicago Title before they became part of Fidelity Title
I have come along in the process of getting my two properties back.
Astoria Federal S & L sold my two condos without ever owning them and when the new attorneys from Astoria looked at the facts and the dates they knew that Forged Deeds meant that the title companies that knowing insured the forged deeds had to indemnify their clients.
The Title companies did not want to Indemnify but wanted to be iNTERVENORS INSTEAD AND BE HEARD; and what they told the court was Time makes Forged deeds good.
Fidelity and Coronet attorneys told Judge Alice Schlesinger ” we have equity” and the only equity they
were speaking of was money under the table for Judge Schlesinger of New York Supreme Court and she ruled against a famous US Supreme Court case Elliot v. Piersol.
It was then I wrote a simple letter to William P Foley CEO of Fidelity National Title.
“what went wrong that your NY attorney Thomas Malone finds himself fighting for a Forged Deed?”
I(I will have to wait to go to the library to post the rest cause again I have a hacker on my computer”
.”Mrs. Doutfire (cont. my unfinsihed post)
Fidelity’s answer to me “…it is proper…” made me know I was dealing with a racketeering company.
title companys have the obligation to discover and divulge before issuing title insurance.
When true owners get their properties back they will have a second fight against the title companies that insured the bad titles for the people in the properties.
It doesn’t how much they Paid someone, if they did buy it from the true owner they have nothing.
In my case the title attorneys knew they were insuring forged deeds but never counted on me getting on my feet again and what they didnn’t know is what a fighter I am.
Greta info! This is where we need to connect the dots. Where was the due diligence?
When I think of Brian Moynihan or Barabra Desoer, I think of the song by John Lennon called Piggies:
So if it walks like a piggy, talks like a piggy, by golly it’s a PIGGY!
.
WHERE IS MY LOAN MODIFICATION BANK OF DESTROYING AMERICA!
.
BofA and it’s CEO Brian Moynihan reminds me of that song by John Lennon and George Harrison titled “Piggies” I invite you to listen to this song on youtube and see if it appropriately fits.
.
http://www.youtube.com/watch?v=ovD9rTzs2q4&feature=player_embedded
.
Have you seen the little piggies
Crawling in the dirt
And for all the little piggies
Life is getting worse
Always having dirt to play around in.
.
Have you seen the bigger piggies
In their starched white shirts
You will find the bigger piggies
Stirring up the dirt
Always have clean shirts to play around in.
.
In their ties with all their backing
They don’t care what goes on around
In their eyes there’s something lacking
What they need’s a damn good whacking.
.
Everywhere there’s lots of piggies
Living piggy lives
You can see them out for dinner
With their piggy wives
Clutching forks and knives to eat their bacon.
.
When I filed my lawsuit against Bank of America, I thought of the many others out there in the same situation. It was then that we decided to educate the public on what these piggy banks are doing, as well as unite us all together as one voice. Please help me turn this David vs. Goliath modification process, into a Goliath vs. Goliath.
.
Please stand with me and Brookstone Law Firm, and send an email to Bank of Abusing America that states that we will no longer tolerate their potentially illegal, fraudulent, irregular and abusive business methods.
.
So please send your email directly to Bank of America and include the following:
.
1. Your name
2. Your complaint concerning your experience with Bank of America.
3. Please end your email “I support John Wright vs. BofA Lawsuit!”
4. Please send a copy of your email to piggybankblog@earthlink.net
5. Please send your email to BofA CEO Brian Moynihan:
brian.t.moynihan@bankofamerica.com
.
I HAVE HAD ENOUGH AND I AM FIGHTING BACK!
.
I have created piggybankblog.com for all of those who have been abused by Bank of Destroying Americas potentially irregular, fraudulent and simply abusive home loan modification process.
.
Divided we might have fell America. UNITED WE MUST STAND!
.
http://www.youtube.com/watch?v=PoOJMr7OJ0s
.
My name is John Wright AND I AM FIGHTING BACK!
.
John Wright
piggybankblog.com
Lucy,
Great reporting. I am originally from Hawaii, with most of my family still there. It still amazes me to hear the kind of things I hear going on there. Are there any attorneys there who are able to help the homeowners? People, you must contest EVERYTHING. No note, speak up. No originals, speak up. FIGHT EVERYTHING. Conceed nothing.
We have been fighting the fight here in Maryland, and actually getting somewhere. Robo signers, forged ‘orignal’ notes, un-dated, blank, assignments (allonges).
I believe the tide is turning, albeit slowly.
Good luck to all, and if anyone knows of good legal representation in Hawaii, please post contact information.
Aloha.
I am the editor of the Honolulu Weekly and just did a cover story on the Foreclosure Fraud in Hawaii by Bank of America. Go to honoluluweekly.com to read cover story. (4/20/11). I would appreciate any feedback and might be able to use it as a letter to the editor. Aloha! Lucy Jokiel
Very thorough article Lucy!
The Census Bureau reports that 11 percent of all U.S. residences are now empty, that’s an astounding 18.4 million homes, and projections show millions more in the foreclosure pipeline between now and Dec. 2012. This huge inventory of unsold properties will take years to unload while the tsunami of empty units steadily drives down the value of all homes, pushes more borrowers underwater, keeps homebuilders hamstrung, and qualified buyers waiting until values “hit bottom.”
The only answer is to force lenders to modify upside-down mortgages back to current market values — allowing homeowners to remain in their homes making payments they can afford while rebuilding their equity. This will slow the overwhelming onslaught of foreclosures, reduce the flood of empty homes onto the market, keep neighborhoods from deteriorating any further, and offer some hope that real estate will one day recover. Without this approach the downward death spiral will continue and the nation will not see an economic turnaround in the foreseeable future.
@jstick (and the rest of the forum): You said in your post of April 22, “The only answer is to force lenders to modify upside-down mortgages back to current market values — allowing homeowners to remain in their homes making payments they can afford while rebuilding their equity.”
Modifying mortgages is not the answer. Today’s (and tomorrow’s) global financial crash is the planned result of the ongoing criminal conspiracy of the banksters. Would you ask Al Capone to give you a better deal on your extortion payments? The answer is to expose the criminal banksters and all the co-conspirators they have bought, put them in jail, confiscate the wealth they stole, and find a way to equitably redistribute this wealth to the victims—which includes every American who’s not in their “club.” A big job, but we must make it happen or we will all die as their slaves.
Yes, a nice article indeed. As someone else pointed out, the profits predicated on higher interest rate payments led to the artificial inflation of home prices everywhere. Add to this the unemployment caused (again) by the actions of the financial industry over the last decade and you have the unfortunate situation faced by many of the good residents of Hawaii. All of us have to join hands in this fight to restore balance in the various sectors of our society. You should urge those residents who have been subject to fraudulent foreclosure practices to engage an attorney and get their foreclosure filings dismissed. At least that is what we have done in Ohio. Keep up the good work.
Lucy,
BofA is attempting to blur the statistics by having the foreclosures occur in the name of the servicer. While some part of what is now BofA was the original lender, the servicing that BofA or CountryWide originally retained can be moved off to some low-life, hell-bent on foreclosure ‘servicer’ cum-debt collector such as Litton Loan Servicing. This also seems to keep these foreclosure actions from getting the attention garnered by foreclosures done in the name of BofA.
Litton uses MERS to replace the original Trustee with some place such as ‘Quality Loan Servicing’ and then Litton (agan using MERS) will concoct the assignment of the Deed of Trust, even after the replacement Trustee files the NOD.
Litton uses MERS to do that Substitution of Trustee, even where the Deed of Trust very specifically states that ONLY the LENDER may replace the Trustee. Where the named LENDER on the DOT no longer exists, Litton forges ahead with these fraudulent documents.
That DOT also fails to specify WHAT the NOMINEE role conferred on MERS by the LENDER is to have MERS perform.Also, the NOMINEE role is legally SUPPOSED to end when the LENDER ceases to exist.
Cases have already been settled on the restrictions on what MERS can do. Even in CA, certain judges have ruled MERS can’t assign. PERIOD.
Now to see that the DOT did not allow MERS to substitute the trustee, yet this replacement Trustee is the one filing the NOD, raises the question: Should the attorneys start suing under the FDCPA claiming that the NOT is an illegal act reflecting on the borrower’s credit when there was no just cause for this entity to make the assertion?
Is there anyone that would like to meet in or near Columbus Ohio for a happy hour get together? I’ve met a few folks whose homes are in the foreclosure pipeline but are too confused or afraid to fight back. Collectively we do a better job of fighting these rouge banks who are out to #%*^@ the average citizen.
Anyone that needs assistance in OHIO – we will try an help at OHIO FRAUDCLOSURE
http://ohiofraudclosure.blogspot.com/
or email us at
ohiofraudclosure@gmail.com
OMG Anyone watching CNBC, Erin Burnett…Squak on the Street. She has an executive of Deutsche Bank and a politician on. I did not catch names, however, in the five minutes of viewing this is what I caught.
The solution to the housing glut is to bulldoze all foreclosed houses down. According to Burnett..by the time these houses get re-sold, potential buyers will not like the paint colors, appliances, lighting fixtures, etc., in these outdated or not kept up properties. It would be more cost efficient to let builders come in a build new homes for potential buyers who can actually afford to buy. It will make these buyers “feel” better to be getting brand new up-dated homes. The dufus from Deutsche bank was grinning from ear to ear saying she was exactly correct and the only solution to the falling home prices is to clear them out and start over. He said they have been pushing this idea but the gov does not want to put the cost of this project on the taxpayers. So the politician chimed in with his 2cents and said that the owner of record that was foreclosed upon should bear the cost of the house being buldozed down. That is the only fair way. The boob from Deutsche said they agree, however, what if you can’t get the money from them? The politician boob said the gov. could handle that. I really could not believe what I was hearing and at first stopped to listen as I was cleaning my house thinking that they were not serious….however, they were very serious. So be on the look-out at this new proposed solution to the housing crisis. It was hard to listen to this Erin, airhead. She is the news commentator and all she could talk about with any intelligence…was buldozing houses down because of the outdated decor. I guess being a tv commentator beats the salary of an interior decorator!
“Curiouser and curiouser” said Alice! And, is this beginning to sound like wonderland?
After dozing the unattractive, will we then move on to dozing the antiquated? Great times in court with the histerical preservation pitted against the dozer army.
Maybe I’m the one who needs the pills cause if it is not wonderland then it’s gotta be the Twlight Zone. I can’t believe not one word out of any of the three bozos mouths to do with the displaced men, women and children or anything. Just build pretty new houses for the pretty new buyers and lets just push this dust under the rug and get on with our lives. I can’t believe anyone could be that stupid to broadcast that even if they believed it.
@ TIM THANK YOU GREAT LETTRE.
need some info when i did an in house mod with wells fargo, i went to my local wachovia branch. the notary there signed with me. i heard an employ of the entity giving you the loan can ot notarize. so it was fraud conflict of intrest
Sorry, that one is out of my league.
I believe that a notary has to be a witness, and not a signatory, but I am not sure.
The notary although hired by the bank and as an employee is non the less a commissioned public officer of the state usually prohibited from double dipping or getting paid twice and required to have a bond in the performance of the duty to be a witness to signatures and that the person has personal knowledge of the text that their signature is undersigned or if being duly sworn the notary is authorized to administer oaths subject to the penalties for perjury when someone is actually being duly sworn such as when taking the stand and nothing in the essential elements is neglected in duly swearing someone under oath.
If the notary charged you anything for this in house service convenience then that might be illegal, but witnessing anyones signature is not a conflict of interest as all the notary is doing is confirming that the person that is signing is the person by looking at a state issued photo id when not personally known to the notary to be who they say they are when signing.
The notary is first and foremost a public official of the state.
Has anyone looked at the issue of MI? Most borrowers are made to pay for insurance for which they have no access to the policy. Who is the beneficiary on your MI? A mortgage insurance must be the same as any other insurance. It must have a purchaser (me) and a beneficiary. (the lender?) Who is the beneficiary of your mortgage insurance? The lender>? The servicer? the loan shark on the corner? If I pay for it am I not entitled to the copy of the policy? If I’m about to buy a horse am I not entitled to look at its teeth?
It certainly begs the question: Who is the real master the Finance Industry or the citizen?
Repost of my comments posted on The Columbus Dispatch:
When a Bank (broker/originator/servicer/trustee/investor/whoever) offers a product where excessive profits are collected up front, leaving the citizen who signed on the dotted line to spend a lifetime paying off those collected profits, that is very clever.
When the same folks decide to string out a homeowner collecting payments for 12-13 months on a 3-month trial modification and then foreclose on him, now that is diabolically brilliant.
To clear up any misunderstanding, the servicers (not the investors) actually make money on a foreclosure.
As an aside, Bethany McLean was on the Dylan Ratigan show pointing out that [paraphrased]….”the people [main street] did not simply buy these sub-prime loans, they were SOLD these products…and there is a significant difference….”. McClean who earlier wrote “The smartest guys in the room” has a new book out called “All the Devils are here”.
The only incentive for the Mortgage Brokers, who have no money of their own, was to do the bidding of the Banks and then collect their hefty commissions up front. I know a person who did not qualify for a sub-prime loan but was told by the broker that he would get them into a no-doc loan, AND he would help them refinance in 3 years when the rates reset. This broker has since lost his license in the State of Ohio. As far as affordable mortgages, for years on end people lived their lives with regular loans. Today loans are unaffordable because 1) prices of most items are inflated as a result of the housing bubble (deflation is already underway in the housing market), 2) society got used to living their whole lives on easily available credit (you are right about the sloppy consumer).
The Banks still believe they do not have to work with anyone. That is why consumers have decided to stop being naive and are taking matters into their own hands – by deciding who gets to play (or not play) with their money (taxes and savings). It is strange that the finance industry which is supposed to play a facilitator role in our capitalistic system has grown to take in 35% of all business profits (http://www.businessinsider.com/too-big-to-fai… ). This could explain why more kids these days are opting out of engineering careers and looking to go to Wall Street. These imbalances are really at the root of the problem, everything else is a symptom.
Here is a good online book that explains the interactions between all parties to the subprime loan mess. It also gives you hints as to the leverage borrowers can exert on some of the parties…
http://books.google.com/books?hl=en&lr=&id=SKwNFtOk1RcC&oi=fnd&pg=PA1&dq=SEC+mortgages+fiduciary+conflict&ots=AwQdcJ3KPu&sig=lA0bCXgO3idtog07kbdQECHgIvk#v=onepage&q&f=false
Is there anyone who would like to get together in or near Philly for a happy hour event? We have three so far who would like to get together.
Searching for notary/robo signer signatures for comparisons. Breedlove, Crossman, Samel, Blackstun
while searching through the SEC filings for my mortgage, national city closing date august 2008, I found this in the prospectus section?
anyone else trying to find their mortgage in these filings? Any tips would be greatly appreciated..
Modifications
The Servicer may modify the terms of a Mortgage Loan if such modification is
consistent with the servicing procedures that (i) the Servicer customarily
employs and exercises in servicing and administering mortgage loans for its own
account and (ii) are in accordance with accepted mortgage servicing practices of
prudent lending institutions servicing mortgage loans of the same type as the
Mortgage Loans in the jurisdictions in which the related Mortgaged Properties
are located. However, the Servicer is not permitted to modify any Mortgage Loan
if such modification would:
o forgive principal owing under such Mortgage Loan or permanently reduce
the interest rate on such Mortgage Loan;
o affect the amount or timing of any related payment of principal,
interest or other amount payable thereunder;
o in the Servicer’s judgment, materially impair the security for such
Mortgage Loan or reduce the likelihood of timely payment of amounts due
thereon; or
o otherwise constitute a “significant modification” within the meaning of
Treasury Regulations Section 1.860G-2(b);
Check this statement against your mortgage docs. Your mortgage is a contract, and it cannot be changed unilaterally. This would be a defense for breach of contract. It is also a tort for interference with contract.
If the wording is the same as you mortgage, no harm, no foul.
well if all our PSA”S say this they are all illegal thank you we shall see told my lawyer we need to get a hold of my PSA cnat wait, bet they were not aloud to modify me and stole the maoney i gave them. they said it went into a separate account ???????? and all the lost paper work was a front to scare me out of my house hmmmmmmmmmmmm i get it
Here is a formal letter that I have submitted to the SEC. You may do the same….
U.S. Securities and Exchange Commission
Office of the Secretary
100 F Street, NE
Washington, DC 20549-1090
April 8, 2011
Tim A. Bryant
XX XXXXXXXX XXXXX
XXXXXXX XXXXX, XX XXXXX-XXXX
(XXX) XXX-XXXX
Dear Sir or Ma’am;
In accordance with Section 36(a) of the Securities Exchange Act, I am requesting a public, formal, written exemption for myself and others similarly situated, from Section 29 of the Securities Exchange Act. Any mortgage backed security sold as a true sale, where Mortgage Electronic Registration Systems, Inc. (“MERS”) is the Mortgagee of Record, cannot by contract with the borrower, ever be perfected. MERS maintains inoculation against subsequent assignments. As such, they maintain the mortgage documents, which are required by the PSAs to be endorsed through each party, to the purchaser(s). This can never be satisfied, for if MERS did endorse up to the purchaser while maintaining the Mortgagee status on record, it is a breach of the instrument, and a violation of of state public land recording law.
In addition, many of the PSAs have clauses written into them, specifically prohibiting public recording, and retaining MERS as Mortgagee. A sale on these securities is invalid, as the note and security instrument cannot be bifurcated, thus making the debt unsecured. The investors/trustee in effect, hold the note with no proper chain of title to enforce it. Here in Massachusetts, all transactions are required to be recorded in the public land records. This recording, more often than not, never occurs. These REMICs claim to hold title to assets, but avoid at all cost, any documentation of such, either with the borrowers or the County Recorders.
Lastly, no seller of a mortgage has any legal or constitutional right to do so through a securitization. As a seller, they assume the debt obligation as the guarantor in the PSA. There is no privity of contract, EVER, between the securitization purchasers, and the original borrowers. The borrowers contracts are under the laws of the state the property is located. The securitization is under the laws of the state of the securitization. The PSA also is in fiduciary conflict with the lenders obligations under the original note and security instrument. The PSA dictates that the lender, now a servicer under the PSA, only has the servicing authority granted under the terms of the PSA. This too, nullifies the original terms and conditions of the note and security instrument between borrower and lender.
In effect, securitization nullifies the original debt obligation. As such, only the seller should be obligated under a contract through an MBS.
I am formally requesting that the SEC exempt borrowers from any obligations resulting from Mortgage Backed Securitizations. They have no privity of contract, have no contractual obligations under the Securities Exchange Act, are not legally bound in any manner to the rules of the Securities and Exchange Commission, and receive no proceeds of from any sale of their debt obligation which is secured by the collateral held by the borrower.
This issue has gone on long enough. The SEC’s silence in this matter is deafening. Now is the time to address the situation head on.
Sincerely,
Tim A. Bryant
Dear Angry:
I like your style. Tim you Rock.
I was sent to the quiet corner by the board a few (many) months ago. I was over exuberant for the tidal shift here… I guess you might say I saw it early….responded with a bit too much fervor.. and was rightfully told to chill out. Story of my life… more on that later. Okay…..enough with the intros… I just read Mr. Bryant’s post and was motivated to walk the cold path to the shed….boot er up…. and chime (back) in. Nothing like putting yourself in a 6 mo timeout, eh. (or 20 yr timeout for that matter). some may get the joke.
So listen. I got raped and pillaged by FretLife / doing-thievery-as First Horizon (get it…first horizon of the NWO)….. well anyway… I was robosigned…kicked….promised a loan mod….got one….signed/notarized/returned (with thank you card – I was raised well) only to find…
Let’s just say the title of my soon to be released book about the perils of Texas Mortgage Companies is…..ready for this………………….
Fur Closure
with the little ‘um lot’ thing over the u for special emphasis.
I shall save my barking for the appropriate tree but seriously I lost $300,000 NPV of my equity (for which I invested my roth 401k 30 yrs early to save the house from a previous owner and Boise city ‘oversight’….I couldn’t write this comedy of abuses so I will write it (make sense). It REALLY happened. So if you see this and know anyone who can track down Tony Francis (former VP First Horizon) and/or Donna Black and/or Mike Fisher V.P FretLife …. please hit me up at trevor.hitchin@gmail.com or reply all for appropriate visibility.
The gist of it is that our City’s Mayor’s brother (Federal Judge) was not even at the Federal Summary Hearing, he dialed in….I said, ‘Your Honor, I would like it known that I have evidence of perjury, collusion, and false signatures to present to the Courts….’ again.. he dialed in and would not take the evidence. I asked for a continuance….he said no…….. I will now write my book….. oh and while your eyes are here…
I told American Home Mortgage (holders of my current mortgage and also industry abusers) to produce the note and well they sent the original docs and well, knowing what I know now (thank you / blessings Mr. Tim) I feel like I won the lottery.. .it is a M.E.R.S. situation on my current home. I mean if they sold my loan and got paid (sercuritization) shouldn’t I be mailing most of my mortgage payment to a municipality in Sweden or a Retired Union Workers Pension Fund in Portugal? I have no problem paying my debtors, I just have a conscience. . . who are my debtors this week? And well, why should AHM get paid 2X, 3X for basically what amounts to as double and triple dipping…..
Imagine the chaos at Albertsons (or fill in your neighborhood grocer) if you just bought a juicy Tbone (you went large) and then once you left the store, you went back in to the butcher counter and helped yourself to another steak and walked out saying “no sweat Joe ‘A.’, I already paid for it” and wave the receipt in the air behind you……uh????
Or rather if you sold your car to someone and then sold the 30 yr promise of payments of the car to someone else, only to continue to collect payments on the same car (house) from YOU – the honest American who thoughts banks were safe (FDIC….Federal this…..American Flag that….guaranteed….Snoopy-ing Commercials, 140 years of honest reputation blah blah crap…. Just like the 3 Cups Goofball – does anyone have a conscience anymore?. .. . I hate the word scrupples but you get it right?… As a society we are going shirtsleeves to shirtsleeves in three generations and that just might be the name of book 3 (post Fur…. with um lot)
I say we roll ’em up boys (those sleeves). Isn’t that what America is all about after all? The right to fight for what is right when it is right (undeniable). Tonight we crossed a threshold. Like the night that gal (you are out there) posted that the Judge granted the TRO on her abuser (fill in the Mortgage Fraud Co).
Here’s an idea since if I btch I like to offer up a ‘here’s what we can do about it’….
1. Federal Mandate to ALL mortgage industry players (NEW SHERIFF IN TOWN)
2. Confirm ALL got the memo
3. Instruct ALL to offer 40 / 45 / 50 year repayment plans AUTOMATICALLY, mortgage payer’s choice/delight
(for all you thinking….but won’t the investors get mad if they don’t get their money (AGAIN) for 45 v. 30 yrs….the short and long answer is NO. They would rather stay criminals and get paid then go to prison and get called out for selling your car/loan once already…..getting paid once already….double dipping again already… you get it….
4. Instruct ALL non-compliant parties (N.A. Banks or not) to forfeit collection rights of all monthly mortgage payments to Federal Government to avoid prosecution by US Citizens (fraudulistic immunity)
5. within 60 days from tonight, ALL US homeowners would breath a sigh of relief, likely get down from the rooftop, and get a good nights sleep… the repayments could be afforded and adjusted as necessary and without 11 month loan application processes that fail, lead to fraud, reward criminal activity and in the end make our Federal Courts and Communities look like a joke.
The World is not only watching, they have been laughing (and crying) for America. The world wants (NEEDS) the US to rise (fly) again. A hey before you shoot a hole in this, remember the ‘investors’ holding the notes to 80-90% of ALL residential mortgages were ALREADY paid (in full) for your (our) loans. Make yours PROVE they are above board and operating with integrity. If this is our most important monthly purchase ( can’t we as Citizens DEMAND an airtight Federal Policy to stop the madness). Tonight there are 250-300 foreclosed homes in my city (300,000) and with an average cost of 10,000-20,000 per and a horrifically lower property tax basis for all going forward…..we end up paying them for the abuse, then suffering with the side-effects….my credit is ruined for 10 years thanks to FretLife….and it was 700+ for 15 yrs prior. Can’t even get a BlockBuster card even if they hadn’t gone under…… you get the point.
In ranching terms… it’s time to take our abusers to the woodshed. Team meeting…..I just called it.
Peace all… sorry for typos.. cold here in Boise tonight and Bob Hendrickson and the Banksters at FretLife stole all my money… and well….from the hip is how it goes for now. You made me an honest writer Bob… karma is circular.
Keepin’ em Honest in Boise and beyond.
“Remember Folks, LOVE your haters (abusers/fraudsters), then report them to the proper authorites………”
TBONE-RA / 777
FOR CLARITY
So if you see this and know anyone who can track down Tony Francis (former VP First Horizon) and/or Donna Black and/or Mike Fisher V.P FretLife …. please hit me up at trevor.hitchin@gmail.com or reply all for appropriate visibility.
This was for ROBO-SIGNING evidence only . I want to be clear….. very clear. Any others out there in http://www.land who have seen these ROBO-SIGNATEURS… please send me an email.
This was why I posted in reply to a ROBO search. Pce all. Thanks WordPress for letting me clarify post re-read. It’s late…
Sent By:
“Katherine Hsu” On: Apr 04/21/11 10:09 AM
Hi Tim,
I’d like to discuss your April 8, 2011 letter to the SEC. Could you please send me your phone number? Thanks.
Katherine Hsu
Office of Structured Finance
Division of Corporation Finance
U.S. Securities and Exchange Commission
We’ll see what happens….
I spoke with Katherine Hsu at the SEC today. She stated the Commission is unsure what action they could take in this matter. After explaining that mortgage contracts are under the laws of the states they were created, and not the laws of the state which the security was offered, and then point-by-point explaining how the PSA wipes out the original mortgage docs, she did not know how to respond. I also pointed out sections of PSAs that specifically call for state land records to be violated, as well as hiding assets under the guise of other companies to “avoid liabilities and creditors of the sellers”. This is criminal in my home state. It is written right into the PSA. She seemed taken aback by this. I really believe that the SEC does not read these documents submitted. They are riddled with racketeering activity clauses. I believe that this matter will be made known to regulators at the SEC.
Any thoughts on this. Think it goes along the lines of what Tim is saying about AG’s and their “negotiations” w/ banksters. From Comptroller web site on possible cons.
“”Your lender never had the legal authority to make a loan.” Do not listen to anyone who claims that “secret laws” can erase your debt and have your mortgage contract declared invalid. You are being conned if someone claims that you are not obligated to pay your mortgage. ”
http://www.helpwithmybank.gov/faqs/mortgage_avoiding.html
To HammerTime:
It is not “secret laws” It is the Constitution.
.
The Federal Court has original jurisdiction of who can CREATE money
pursuant to Art. 1 Para 10 Cl. 1 of the U S Constitution.
…no State shall coin money
This money issue is the prime reason that the United States changed from the Articles of Confederation to the United States Constitution.
Marilyn is absolutely correct. There is nothing secret about these laws. They are the Constitution, the United States Code, the Uniform Commercial Code, and state laws. These are the same laws that the banks have skirted, and then have used as their defense.
Remember, Comptrollers are directly tied to the banks. They are not there to protect you. Take what they say with a grain of salt.
I agree. First reaction was it is propaganda for the banksters. I understand they cannot “help” borrowers but they are supposed to be a neutral party and prob funded by tax payers.
Anyone from West Virginia? Non judicial state, Attorney General says I am the only complaint on file for forged documents on my mortgage. I have searched through all counties in WV and have found forged notary signatures in all counties. Notary signatures are always forged. Cant find an attorney to take my case, and I have money to pay???????????? I just need some legal direction?
USC Title 18 § 493. Bonds and obligations of certain lending agencies
Whoever falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners’ Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States, shall be fined under this title or imprisoned not more than 10 years, or both.
Whoever passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to the provisions of this section, shall be fined under this title or imprisoned not more than 10 years, or both
HI TIM , NO ONE IS GOING TO JAIL, and no one is getting fined. but we are losing our houses. our fraudulent appraaised homes bought by us in good faith, when the sub prime mortages fail it brought dawn the econom. i had a standard loan 30 yr fixed i was working paying mortgage anf boom it struck us like a lighening bolt. unable to sell our home now worth 180kk bought for 260k 2009. we asked for help from wells fargo little did we know it would send us on the journey of modification hell. and lost paper work. i am done playing their game. i retained a lawyer. if you can get someone in congress to listen to you and help save our homes please do. write whoever will listen, i tried it myself. all it got me was more of the same. lies, deceit and cover ups. the last straw wells fargo lied to the OCC thats it
Enough already….
If your lawyer is worth what you are paying him, he will have the judge take judicial notice. If you admit defeat, you have already lost. If your attorney requests this, the judge MUST take judicial notice for his decision, and any subsequent appeal. It is called preserving your rights. You can only argue on appeal that which you have brought up in the original action. If he has not discussed this with you, ask him why not.
Tim,
Thanks for your continued help…..
I have started the process,QWR, Docs from the county. No lawyer I have found is willing to help without digging deeper. A lawyer later, when I have the paper in order.
Foreclosure note enough for trustee standing — http://www.housingwire.com/2011/04/11/foreclosure-note-enough-for-trustee-standing-florida-appellate-court — that’s some scary ruling here in Florida – no chain of title arguments, etc.
If this is a securitization, FL law does not dictate standing of the Trustee, New York law does. The trustee was not created under FL law, and does not exist under FL law. It must first prove it is a legal entity under the terms of the PSA. The Trustee can only act in the capacity with which the PSA allows. Most PSAs are governed by NY law. The trustee only exists under those laws, thus the judge should not have granted them standing without proof of chain of title dictated by the PSA, under the laws of the state the PSA falls under.
This decision should be appealed, if it was a securitization, as the judge did not rely on the legal document showing the legal status of the trustee, and its authority under the PSA. If the transfers took place after the timelines listed in the PSA, the Trustee no longer has the legal status as a “trustee”, therefore, no standing in FL against the borrower.
A little more research would be in order on this one. We recently had a MA decision where the judge reversed his original judgement for the investor. The homeowner subsequently discovered that the transfers took place after the fact, and this information was withheld during discovery. This was the first case I have seen where the judge reversed his own order.
Hi all – forgive me for this silly question.
I’ve got a Countrywide Loan (actually, America’s Wholesale Lender is what my paperwork reads as the lender.)
I’m looking at my QWR response Deed of Trust copy from B of A, and I notice that my “Trustee” is listed as CTC Real Estate Services (with the address of 400 Countrywide Way, Simi Valley, CA). It seems like CTC Real Estate Services is/was a part of Countrywide (?), or the two organizations are/were part of the conglomerate.
Now to my question: Can the Trustee also be the Lender?
If the answer is yes, the Trustee can be the Lender, does this pose complications for B of A if they eventually try to foreclose on me?
P.S. – this is a MERS loan.
My lawyer said if they try to foreclose, it’s probable that MERS would try to do it in the name of the Trustee.
Thanks in advance.
This sounds similar to my situation. No silly questions in this rabbit hole. Would be interested to know if they provided all documents you requested.
Some potential issues:
– verify on Note or Deed who trustee was (if blank may be an issue in itself)
– compare who they claim is current trustee or check on any notices
– check MERS records for who investor/lender is
– review any substitution of trustee
My understanding is beneficiary (usually lender) assigns trustee but if blank then borrower can assign or needs to be informed if trustee is assigned or substituted. Review w/ lawyer. From CA code I recall.
There has to be a valid chain to assign MERS as trustee. Another point would be that any assignments have to be between MERS members. This will be getting down to the details but any assignments between subsidiaries, other trustees have to be valid. From what I understand have to be valid under MERS rules and county recording. That way you aren’t just arguing it’s a MERS loan.
From there can work back to trusts etc or review if they provided under QWR. Others here can provide info on trust issue. My case has taken on a focus on assignments so depends on case I believe.
Here’s info that can guide you if in CA:
http://rismedia.com/2010-03-15/obtai…losure-states/
Obtaining Due Process in Non-Judicial Foreclosure States
By George W. Manto
In California, judges have been isolating on a small portion of the California Civil Code, 2924, to the exclusion of other applicable law, and have been dismissing “produce the note defenses” on the grounds that 2924 contains “no produce the note” requirement.
The stated intention of the code is: “(1) to provide the creditor/beneficiary with a quick, inexpensive and efficient remedy against a defaulting debtor/trustor; (2) to protect the debtor/trustor from wrongful loss of the property; and (3) to ensure that a properly conducted sale is final between the parties and conclusive as to a bona fide purchaser.”
…Nor are foreclosure statutes intended to be exclusive. It cannot be the intention of non-judicial foreclosure procedure to deny aggrieved parties access to remedies or trump other rights intended to protect consumers.
2924 by its own terms, looks outside of the statute to the actual obligation to see if there was a breach. Being entitled to foreclose non-judicially under 2924 can only take place “after a breach of the obligation for which that mortgage or transfer is a security.”
Awesome info HammerTime. Thanks so much!
Just curious – you’re in CA also. What county if you don’t mind me asking?
Thanks. I’m in Los Angeles County.
Last piece of the puzzle then is whether MERS has proper standing to substitute trustee to third party to foreclose. Reconveyance, Inc. etc THEN you can ask if they are owned by lender etc. So not quite last piece of the puzzle!
@ HammerTime
Do not be so fast with stating the substitution of TRUSTEE can be done by the beneficiary.
In the typical “America’s Wholesale Lender Corporation” loan, there is a specific paragraph on this topic located near the end of the DOT.
It amazingly states that the LENDER is the one that can do this. It even overrules the usage of anything else in the DOT to try to give any other way to do that substitution.
READ your Deed of Trust!
The way mine is written, even MERS’ usage of its supposed role as beneficiary can NOT substitute the trustee.
Since AWL does not actually exist, and NEVER DID, AWL is deader than entities that filed a BK and went out of existence. CountryFried can NOT claim a successor role to AWL because it never formed the company.
CountryFried has been bluffing with filing ‘D/B/A’ papers. A document that claims the lender is a corporation can not have that agreement ‘taken over’ by another entity claiming the ‘D/B/A’ usage that was never in evidence on the paperwork. The business has to be ONE OR THE OTHER, not conveniently BOTH or even ‘slide’ from one to the other.
I am interested in your thoughts.
I have a simular loan deal, my loan was with home loan center and they are on the note, the note transferred to countrywide home loans. Now the mortgage was sent to MERS, after doing a search on MERS web site Fannie Mae is my investor. I called fannie mae and asked if they owned the loan, they of course told me to call the servicer who just happens to be bac home loan servicing.
I believe the mortgage and the note have been Bifurcated, and there is no way to join them back together, true ? Also my assignment of mortgage was dated after the lawsuit was started, means for dissmissal in FL ? also if you look down about the third paragraph on the assignment you will see that MERS is assigning the note allong with the mortgage, well hold on…..mers doesnt own the note, another reason for dissmissal ? And finally I have the usual robo signer from BAC who’s VP in the forclosure department just happens to be a vp with mers, capitol one, courtywide etc.
I brought up the Bifurcation of the mortgage and note in my initial response to the court and david sterns lawfirm among other issues. But they dont seem to want to answer my question, they only have answered the easy question.
Anyway, that is my story I would appreciate any comments, advice, thoughts.
CAN YOU EXPLAIN BIFURCATION , I STILL DO NOT UNDERSTAND HOW THEY DID THAT.
i do not have any assignments yet when does that occur. i found my loan on fannies web site but not mers
Hi Doug – I’m not experienced enough to know the anwers to your questions, and I know FL is very different from CA, I think what you’re stating is correct, but FL is notorious for rocket dockets/ judges who don’t care.
http://livinglies.wordpress.com/2008/10/07/foreclosure-offense-and-defense-separation-of-mortgage-from-note/
I would suggest joining The National WAMU Support Group, even if you don’t have a WAMU loan. They have many members in FL who are very knowledgable. Their link is on the right side of this page, and here:
http://www.wamuloanfraud.com
It is against MERS, Inc’s articles of incorporation to assign a note. That action is considered “banking”, and they are not registered for this activity. Call you Commissioner of Banks and ask for a copy of any legal documentation on file for MERS, Inc as a fiduciary. Of course, there won’t be any.
They cannot assign notes because they were specifically created to remain “bankruptcy remote”. To assign the note, they must at some point, hold the note. They are a Delaware Corporation and this activity is specifically prohibited under the DE laws for corporations. The law also restricts other entities from using the MERS, Inc. name.
I have the same situation for the past 2 years already. My file was with David Stern and now today I saw a notice of appearance, which i believe is the new law firm that will be following up with the case. My assignment of mortgage came many months after the law suit initiated, Mers shows like they are the ones making the assignment and the same robo signing issue. As many mention not all lawyers are willing to dig up all the dirt until something can be done. But even though i have my attorney, i just called the ice legal office, to schedule an appointment, because i beilieve my file as well has fraud like many others out there, But it is only when we all join and come together and do something about it that maybe a big change can be accomplished on behalf of Floridas homewoners during that case being taken to the Supreme Court of Pino vs Bank of NY Mellon. I’m actually calling some other friends i know have the same situation with the firm of David Stern and I believe that with a couple of cases being filed under the same circunstances will help greatly for all.
Not planning to leave this still…many people out there are currently serving jail time for fraud, so why would this have to be the exception in our system. For this firm and many others that deliberately took advantage of those that didn’t have the resources to get a defense on their behalf. I’m pretty sure the Ice Legal firm would be very happy not only to take many other cases but especially those with the same situation that would help them back their case at the Supreme court. Don’t you think?
Ill keep everyone posted.
THX!
now we all understand the bifurcation of the note and the mortgage. can assignments and allonges be explained please. why are these defenses not use more???
IMO it seems there has been too much emphasis on MERS alone as an argument esp in CA. In layman’s terms assignments and allonges are used to substitute trustees and beneficiaries. This allows loans to transfer hands without knowledge or authorization of borrower. Though there are possible exceptions such as blank trustee in Note/Deed POSSIBLY. At this point not illegal in CA EXCEPT if fraud is present in recording or other aspects of loan transfers, negotiations. Can be used to show broken chain of title in foreclosure process. Seems allonges apply more in cases where trusts are involved; can show broken chain in MERS etc “earlier” in process if that makes sense; as TB shows with his excellent work fraud can occur at SEC level under NY laws. On top of all this as in possibly my case lenders don’t have the proper info or mistakenly categorized loans as MERS etc and as we see are making mistakes in trying to go back and cover their title tracks…trying to put toothpaste back in the tube.
In general seems no one strategy. Need to find inconsistencies and get a good lawyer.
If the loan was securitized, check the PSA. This defines how the assignments can be legally applied to the loan. I have included an actual PSA section of a CW security. You will notice how complicated and twisted this issue is….
ASSIGNMENT OF THE MORTGAGE LOANS
Pursuant to the pooling and servicing agreement, on the closing date,
the depositor will sell, transfer, assign, set over and otherwise convey without
recourse to the trustee in trust for the benefit of the certificateholders all
right, title and interest of the depositor in and to each Closing Date Mortgage
Loan and all right, title and interest in and to all other assets included in
Alternative Loan Trust 2005-52CB, including all principal and interest received
on or with respect to the Closing Date Mortgage Loans, but not any principal and
interest due on or before the initial cut-off date, and amounts on deposit in
the Supplemental Loan Account and the Capitalized Interest Account on the
closing date.
In connection with the transfer and assignment of a mortgage loan, the
depositor will deliver or cause to be delivered to the trustee, or a custodian
for the trustee, the mortgage file, which contains among other things, the
original mortgage note (and any modification or amendment to it) endorsed in
blank without recourse, except that the depositor may deliver or cause to be
delivered a lost note affidavit in lieu of any original mortgage note that has
been lost, the original instrument creating a first lien on the related
mortgaged property with evidence of recording indicated thereon, an assignment
in recordable form of the mortgage, the title policy with respect to the related
mortgaged property and, if applicable, all recorded intervening assignments of
the mortgage and any riders or modifications to the mortgage note and mortgage
(except for any documents not returned from the public recording office, which
will be delivered to the trustee as soon as the same is available to the
depositor). With respect to up to 50% of the Closing Date Mortgage Loans, the
depositor may deliver all or a portion of each related mortgage file to the
trustee not later than thirty days after the closing date and not later than
twenty days after the relevant Supplemental Transfer Date (as defined below)
with respect to up to 90% of the Supplemental Mortgage Loans conveyed on such
Supplemental Transfer Date. Assignments of the mortgage loans to the trustee (or
its nominee) will be recorded in the appropriate public office for real property
records, except in states such as California where in the opinion of counsel
recording is not required to protect the trustee’s interests in the mortgage
loan against the claim of any subsequent transferee or any successor to or
creditor of the depositor or any seller.
The trustee will review each mortgage file relating to the Closing
Date Mortgage Loans within 90 days of the closing date (or promptly after the
trustee’s receipt of any document permitted to be delivered after the closing
date) and the documents relating to the Supplemental Mortgage Loans promptly
after the trustee’s receipt thereof after the related Supplemental Transfer Date
as described above, and if any document in a mortgage file is found to be
missing or defective in a material respect and Countrywide Home Loans does not
cure the defect within 90 days of notice of the defect from the trustee (or
within such longer period not to exceed 720 days after the closing date as
provided in the pooling and servicing agreement in the case of missing documents
not returned from the public recording office), Countrywide Home Loans will be
obligated to repurchase the related mortgage loan from the trust fund. Rather
than repurchase the mortgage loan as provided above, Countrywide Home Loans may
remove the mortgage loan (referred to as a deleted mortgage loan) from the trust
fund and substitute in its place another mortgage loan (referred to as a
replacement mortgage loan); however, such a substitution is permitted only
within two years of the closing date and may not be made unless an opinion of
counsel is provided to the trustee to the effect that such a substitution will
not disqualify any REMIC or result in a prohibited transaction tax under the
Code. Any replacement mortgage loan generally will, on the date of substitution,
among other characteristics set forth in the pooling and servicing agreement,
o have a principal balance, after deduction of all scheduled
payments due in the month of substitution, not in excess of, and
not more than 10% less than, the Stated Principal Balance of the
deleted mortgage loan (the amount of any shortfall to be
deposited by Countrywide Home Loans in the Certificate Account
and held for distribution to the certificateholders on the
related Distribution Date (referred to as a “Substitution
Adjustment Amount”)),
o have a mortgage rate not lower than, and not more than 1% per
annum higher than, that of the deleted mortgage loan,
o have a Loan-to-Value Ratio not higher than that of the deleted
mortgage loan,
S-26
o have a remaining term to maturity not greater than (and not more
than one year less than) that of the deleted mortgage loan, and
o comply with all of the representations and warranties set forth
in the pooling and servicing agreement as of the date of
substitution.
This cure, repurchase or substitution obligation constitutes the sole remedy
available to certificateholders or the trustee for omission of, or a material
defect in, a mortgage loan document.
Notwithstanding the foregoing, in lieu of providing the duly executed
assignment of the mortgage to the trustee and the original recorded assignment
or assignments of the mortgage together with all interim recorded assignments of
such mortgage, above, the depositor may at its discretion provide evidence that
the related mortgage is held through the MERS(R) System. In addition, the
mortgages for some or all of the mortgage loans in the trust fund that are not
already held through the MERS(R) System may, at the discretion of the master
servicer, in the future be held through the MERS(R) System. For any mortgage
held through the MERS(R) System, the mortgage is recorded in the name of
Mortgage Electronic Registration Systems, Inc., or MERS, as nominee for the
owner of the mortgage loan, and subsequent assignments of the mortgage were, or
in the future may be, at the discretion of the master servicer, registered
electronically through the MERS(R) System. For each of these mortgage loans,
MERS serves as mortgagee of record on the mortgage solely as a nominee in an
administrative capacity on behalf of the trustee, and does not have any interest
in the mortgage loan.
Pay special attention to the 2 sections that specify the recording of the loans. In many states these clauses are illegal. Using this MBS as a template, you would notice that the securitization was specifically used as a special purpose vehicle for illegal activities;
1. You cannot hide assets to avoid creditors, which is specifically mentioned.
2. A loan cannot be sold “without recourse”, while maintaining MERS as mortgagee through the process. This is not a true sale. This particular MBS negates itself. The agreement calls for the original security instrument to be delivered to the trustee, but calls for MERS to remain the MOM. MERS cannot claim to hold the security instrument while it is in the possession of another entity.
3. The Depositor (who is a different entity than the lender) must assign and transfer all rights, title, and interest to the trustee. If the assignment you are provided by the bank shows an assignment from the lender to the trustee, the chain of title is broken, and the trustee does not have good title to enforce the note or the mortgage.
4. This PSA demands that the assignments to the trustees be recorded in the county records. The only exclusion is CA. There is no legal definition of “states such as CA”, therefore that clause has no legal meaning. That clause is also inserted for avoiding any liability resulting from the selling and transferring entities.
5. The trustee had 90 days to review the mortgage docs for any defective paperwork. They then had an additional 90 days for the docs to be corrected. Any defective documents that are attempted to be corrected during a foreclosure, are invalid under the PSA. This PSA also states that the sole remedy for omission of, or defect in, any mortgage docs are repurchase or substition. There is an omission or defect in nearly every set of loan docs. The PSA has even more stringent requirements. This clause is legal evidence to show the trustee has no legal standing in court, unless all the stated docs are free from omissions and defects.
6. The last sentence is the caveat for any MERS mortgage. Read it carefully !!! It allows the Master Servicer, at its own discretion, to deviate from the terms and conditions previously set forth. Since the Master Servicer has no interest in the note or the mortgage, they have no legal standing to unilaterally assign either. This is part of all the rights, title, and interests required to be transferred to the trustee as perfection of the agreement.
In the MERS system, the investor should show as “Mortgage Electronic Registration Systems, Inc., or MERS, as nominee for the owner of the mortgage loan.” The investor, in the MERS system, should show as one of these 2 entities.
The very last sentence is the “defect” in the mortgage docs stated above. It requires MERS to serve as mortgagee of record. THERE IS NO LEGAL ENTITY KNOWN AS MERS OR THE MERS(R) SYSTEM. MERS is the electronic recording system. The legal entities are Mortgage Electronic Registration Systems, Inc. “MERS, Inc.”, and MERSCORP, Inc. These are the only 2 legal entities that can “hold” any interests. MERS cannot serve as a mortgagee of record, as it is not a legal entity.
The PSA then states that MERS “does not have any interest in the mortgage loan”. This wipes out your MERS mortgage. Under the PSA, MERS no longer holds “Legal Title” as it claims, as that is an interest in the loan.
This should show you how important it is to find, and carefully read the PSA language. I will state unequivocally that there is not a single mortgage that is enforceable if MERS is involved, and the loan has been securitized.
As another tidbit, robo-signing through the use of MERS is a federal offense. If you are in foreclosure, and this occurs, make sure your attorney has the judge take “judicial notice” that this is a federal crime. The attorney should then ask that the perpetrator be given a Miranda warning, and / or remanded into custody. This will change the attitude of the banks as far as this practice goes….
USC Title 18 § 513. Securities of the States and private entities
(a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title [1] or imprisoned for not more than ten years, or both.
(b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both.
(c) For purposes of this section—
(1) the term “counterfeited” means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety;
(2) the term “forged” means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents;
(3) the term “security” means—
(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) of the Electronic Fund Transfer Act, money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property;
(B) an instrument evidencing ownership of goods, wares, or merchandise;
(C) any other written instrument commonly known as a security;
(D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or
(E) a blank form of any of the foregoing;
(4) the term “organization” means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect interstate or foreign commerce; and
(5) the term “State” includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.
USC Title 18 § 514. Fictitious obligations
(a) Whoever, with the intent to defraud—
(1) draws, prints, processes, produces, publishes, or otherwise makes, or attempts or causes the same, within the United States;
(2) passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or with like intent possesses, within the United States; or
(3) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, or other electronic communication, to transmit, transport, ship, move, transfer, or attempts or causes the same, to, from, or through the United States,
any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organization, shall be guilty of a class B felony.
(b) For purposes of this section, any term used in this section that is defined in section 513 (c) has the same meaning given such term in section 513 (c).
(c) The United States Secret Service, in addition to any other agency having such authority, shall have authority to investigate offenses under this section.
Pay special attention to paragraphs 2 and 3 on this one….
USC Title 18 § 1005. Bank entries, reports and transactions
Whoever, being an officer, director, agent or employee of any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) [1] of the Federal Reserve Act, without authority from the directors of such bank, branch, agency, or organization or company, issues or puts in circulation any notes of such bank, branch, agency, or organization or company; or
Whoever, without such authority, makes, draws, issues, puts forth, or assigns any certificate of deposit, draft, order, bill of exchange, acceptance, note, debenture, bond, or other obligation, or mortgage, judgment or decree; or
Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Reserve System; or
Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives (directly or indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution—
Shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
As used in this section, the term “national bank” is synonymous with “national banking association”; “member bank” means and includes any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks; “insured bank” includes any state bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation; and the term “branch or agency of a foreign bank” means a branch or agency described in section 20 (9) of this title. For purposes of this section, the term “depository institution holding company” has the meaning given such term in section 3(w)(1) of the Federal Deposit Insurance Act
USC Title 18 § 1021. Title records
Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both
USC Title 18 § 2320. Trafficking in counterfeit goods or services
(a) Offense.—
(1) In general.— Whoever; [1] intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services, or intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, shall, if an individual, be fined not more than $2,000,000 or imprisoned not more than 10 years, or both, and, if a person other than an individual, be fined not more than $5,000,000. In the case of an offense by a person under this section that occurs after that person is convicted of another offense under this section, the person convicted, if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000.
(2) Serious bodily harm or death.—
(A) Serious bodily harm.— If the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for not more than 20 years, or both.
(B) Death.— If the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of paragraph (1), the penalty shall be a fine under this title or imprisonment for any term of years or for life, or both.
(b) Forfeiture and Destruction of Property; Restitution.— Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.
(c) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act shall be applicable in a prosecution under this section. In a prosecution under this section, the defendant shall have the burden of proof, by a preponderance of the evidence, of any such affirmative defense.
(d)
(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.
(2) Persons permitted to submit victim impact statements shall include—
(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense;
(B) holders of intellectual property rights in such goods or services; and
(C) the legal representatives of such producers, sellers, and holders.
(e) For the purposes of this section—
(1) the term “counterfeit mark” means—
(A) a spurious mark—
(i) that is used in connection with trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature;
(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office and in use, whether or not the defendant knew such mark was so registered;
(iii) that is applied to or used in connection with the goods or services for which the mark is registered with the United States Patent and Trademark Office, or is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods or services for which the mark is registered in the United States Patent and Trademark Office; and
(iv) the use of which is likely to cause confusion, to cause mistake, or to deceive; or
(B) a spurious designation that is identical with, or substantially indistinguishable from, a designation as to which the remedies of the Lanham Act are made available by reason of section 220506 of title 36;
but such term does not include any mark or designation used in connection with goods or services, or a mark or designation applied to labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature used in connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation.[2]
(2) the term “traffic” means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain control of, or possess, with intent to so transport, transfer, or otherwise dispose of;
(3) the term “financial gain” includes the receipt, or expected receipt, of anything of value; and
(4) the term “Lanham Act” means the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (15 U.S.C. 1051 et seq.).
(f) Nothing in this section shall entitle the United States to bring a criminal cause of action under this section for the repackaging of genuine goods or services not intended to deceive or confuse.
@ TC
Your lawyer is not ‘up’ on the tricks they will try with these flawed AWL loans.
Their likely first step will be to TRY to pull a fast one with the MERS ‘beneficiary’ role being claimed as the party that can name a substitute trustee. If your DOT is like mine, there is a nice clause a couple of pages from the end of the DOT entitled ‘Substitution of Trustee”. Imagine that. What that paragraph states is that the LENDER reserves this action for itself. NO mention is made of MERS and the paragraph goes on to over-rule any usage of any other clause in the document to supercede this paragraph. MERS can’t do the substitution!
The servicer minions will conveniently overlook that paragraph. Then that replacement bogus Trustee will file the NOD and the NOS.
Eventually, the servicer will use MERS again to assign BOTH the NOTE and the DOT. CA judges are starting to catch on that this is not valid.
Be prepared to wise up your attorney.
San Diego location here.
Been under the gun with my property issues. Good news is I stopped sale though I wasn’t able to come up w/ legal funds. Worked w/ great researcher on beingmiddleclass.org to put together strong QWR.
Used following Pursuant to California Civil Procedure 2943(b)(1) to request all title documents etc to allow to review or would file against unlawful foreclosure. Haven’t been in touch w/ lender but trustee site changed date.
I think that the ACLU will need to take this on in its entirety not just for the State of FL. I am thankful that they have gotten involved, but this is happening in every state and it it plainly and simply unconstitutional. That is what the ACLU is about, upholding the U.S. Consitution. We need rulings from the Supreme Court that will make the lower courts uphold the law and do what is fair and just. The ACLU is large enough to take on the battle for the sake of the people as well as our Constitutional rights.
i hope so. i hope they get involved and shut down foreclsoures. foreclsoure were appropriate back when you could still sell your home. no one should have went into foreclosure before 2008. you find your expenses drop and you sell. i had to in 2006 .i had just bought a new home and my husband lost his job. i cried but put the house on the market because i new i could not handle the mortgage by my self and he was unemployed for over a year. so we sold and moved. this time around there are way to many foreclsoures. there is obviously a reason. not on eof the government agencies has delt with the root cause. how couls they allow this to go on. millions of empty houses our country. devistated communites. just in my neighborhood alone in fla stand thousands of empty homes. unkempt lawns, fires, vandalism. beautiful homes in an area that is so nice to live. close to the gulf, near disney/busch gardens ect. great schools. so its not about the neighborhoods. there is not enough buyers fo rhtese homes. so keep the present families in their homes at this point .
reduce mortgages to property values and the people that have already lost their homes to fraud can appeal.
i think it is time for foreclosures to stop. you can have appraisal fraud have it addmetted byt eh oversight committee and stiill foreclose. the admission of guilt is out. our courts need to kno this. we need to save our homes . we need to end foreclsoures. these are not cars these are homes people live in with children please somone here my plea.
The fact that you can’t sell and reduce your living costs has really compounded the foreclosure debacle. We had to scale down about 15 years ago, but we had no trouble selling our home and we bought a less expensive house and re-grouped. People do not have the option of re-grouping now which clogs the system with even more houses sitting. It is maddening that the courts are not only not ruling in favor of the homeowners but are also giving them cart blanche to continue with fraud on the court as well as homowners with not even a reprimand. I read some of these rulings where there is admitted fraud and forgery and the judge rules against the homeowner like he didn’t hear or see a thing wrong. It just makes me want to SCREAM, but that won’t do any good either. Just keep fighting one by one and hope that there are those somewhere working for us that we just are not aware of.
@ Kathryn I have been trying to hamp mod with wells fargo since 2009. they gave me a mod that was higher then the original mortgage. i know dont ask why did i sign it. well alot of us decent folks want to stay in our homes so sad no one see’s this. then when the sh-t hit the fan again. i have now been trying to get a hamp loan since 9/2010. from 2009 and now 2010-2011 wells fargo has sytemically lost my paper work what is wrong with that company. then i heard as with the fraud of hamp that the servicers higher outside companies, give them employee pass codes and move files. well in dec 2010 i get a call from a frantic loan proccessor that someone hacked he computer and moved my file. here is the funny part i didnt here from her again until wells fargo lost my paper work again and i started complaining about my hacked file. they send me back to this owman. no iam not going to resend anything until the mediation in ocurt. I feel any judge in my county if he listens to my story will be on my side. if not there is always appeals court i will save my 1900 bucks for appeal court. if the judge is for the banks then i appeal. i just feel you can be this big conglamerate bank and consistently lose paper work and then lie about it to the OCC. yes that to.. i have the tracking number and signee for proof. i am over this BS
one thing i notice, other than james M letter in texas , no lawyer has gone after securitization. a few cases here and there. i want my lawyer to prove that this default is a vicitim of the economic bust , appraisal fraud, loan origination fraud and servicer fraud. that prior to my job loss in 2009 i had excellent credit. nver even late on a credit card., i want to prove that brr approved for this mortgage wells fargohad access to all my finacial statements (never lost one hmmmmm…..makes you think now i have no money ) we sold a house and they told us before we could get approved for our loan we need to pay off all our outstanding debts. we are usually good seeing into the future i guess we felt it was better to not have these monthly payments, but we were set up to liquidate out bank accout. so wells fargo set us up for this failure. if ihad monthly obligations, vs a mortgage payments which would you pay 1st. i once had to “refinance” a car loan yeras ago to stay in my home. i could have done that, why `make us pay all these debts off at once leaving us with out a cushion. we were so set on buying this home do not know why. i guess we thought intrest rates were going to rise we never thought we would lose our equity. we deserved the truth to buy a less expensive home not pay off our existing debts. that was our money we were already putting the 20% DOWN. . IT SAD THAT THEY — USED THESE TACTICS TO APPROVE PEOPLE FOR LOANS. AND I AGREE I SHOULD NOT HAVE PAID THEM OFF.
This story makes the case for legal hipocrisy at its finest.
Mortgage fraud case comes to end. Pocomoke mayoral candidate barred from mortgaging activities for 7 years
http://www.delmarvanow.com/article/20110323/NEWS01/103230417/Mortgage-fraud-case-comes-end
The moral of the story…steal big and be forgiven….steal small and be prosecuted ….what a dumb world it is now
This Is What Resistance Looks Like (April 15th)
http://www.readersupportednews.org/off-site-opinion-section/72-72/5522-this-is-what-resistance-looks-like
IMF reports that incentives for US homeowners created the global economic collapse, not the banks….
http://www.dsnews.com/articles/international-monetary-fund-voices-concerns-with-us-housing-system-2011-04-07
They are having a meeting in the US shortly. Maybe we should all tell the IMF that they are not welcome here !!!
I’m confused. Who provided the incentives to start with. Not the potential homebuyers. Who provided the funds. Not the potential homebuyers. Who made loans based on fruad and deceit. Not the potential homebuyers. Perhaps the IMF should go back to basic economics and try again. It is like putting little children in a room filled with candy but telling them not to eat it. Then once the candy is eaten they blame the children for a global candy shortage. The IMF has one concern…keep the American dollars coming their way.
Yes, and how about connecting the dots to jobs and a sound economy!
Max Keiser reported today on his show the Keiser Report that the IMF is one of the BIGGEST SHAREHOLDERS IN FANNIE/FREDDIE. AHA! PROOF of the TREASON and that THE NEW WORLD ORDER is behind the THE FORECLOSUREGATE HOLOCAUST. OUR U.S. CONSTITUTION OVERULES THEM. OUR U.S. CONSTITUTION is the only thing standing between our FREEDOM. OUR NATIONAL SOVERIEGNTY AND THEIR TYRANNY. The U.S. CONSTITUTION is the only thing keeping the NWO from FLOUTING OUR PROPERTY RIGHTS AND STEALING OUR RIGHT TO BEAR ARMS, BANKRUPTING US, and then completely taking America over. OUR FOREFATHERS HAD THEIR NUMBER AND HAD OUR BACKS WAY BACK OVER 200+ YEARS AGO. Check out the latest KEISER REPORT at: http://maxkeiser.com/ DEATH TO THE BEAST! WHO IS THE UN/NEW WORLD ORDER TYRANNY!NATIONAL SOVERIEGNTY WILL PREVAIL!
why should we give up our our homes that we worked hard all of our lives to a ponzi scheme?
sometimes i think i could live out in the wilderness to get away from the unbelievable stress.
could i just have one night’s sleep without worry?
that unrelenting nightmare has all been caused by the fraudclosure criminals.
why should i have to wash my contact lenses in a stream and live in tent because some fraudsters developed a sophisticated ponzi scheme to defraud my family?
no!
hell no!
we are not leaving our home. this our home. it does not belong to a flim-flam artists.
it belongs to us!
AMEN!!!!!!
I would love to live in the wilderness, but I want a travel trailer over a tent! At least in the wilderness there are general rules of survival and you know what they are….not so living in the world of “Oz” where nothing is as it should be and what common sense tells you is really is not. It causes one to remain in a constant state of worry and anger. Life should not be this way in a free country like the US. I don’t think the founding forefathers meant free as in (free to rob the people of everything).
To the Attorney Generals…..you are spinning your wheels. You have no Constitutional authority to enter into any agreement with the banks that prohibits homeowners from denying that a bank owns certain loans.
Article 1 of the Constitution-
Section.10.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
Good one Tim, Do you think the AG has read the constitution ?
I believe this is another extortion attempt by the states, remember the huge payout by the cigarette company’s ? remember the states tried to go back for more ?
we all should form our own city, grow our own food, use solar, wind and other natural resources for energy and live in the peaceful law abiding way we deserve without being made slaves to their need for power and money, money and moooooo money. Just withdraw from this crazy world…kind of like the Amish people. We’ll come up with a new religiion that suits all and then we are exempt from paying taxes and money will be lent within our own little community. We will not have to be slaves to wallstreet and banksters.:) One can dream, right!
I am with you. in Israel they call commune living kibbutz. we need to start kibbutzim in america. we all work to hard to be losing our houses. i agree we need to all start our own place. where all the homes are owned by all. we buy food for all. no fear of losing everything because it is all owned by all. well just pick a place and we are there. we should be the pioneers
I’m ready, lets go!
Dennis
If this sounds crazy or like nonsense then i suppose the alternative is acceptable.
forged security instruments (same as counterfeit money) are being used in united states court rooms without punishment !!
we are well past crazy nonsense.
After Astoria Federal S & L’s attorney Arthur Walsh stated in front of Judge Schlesinger of New York Supreme Court” It’s indemnify indemnify indemnify” (for my two new york city condos, Astoria auctioned off to straw buyers without ever owning them) “-we are stepping aside and the Title companies are stepping in.”.
The Title companies did not want to indemnify, but wanted to be intervenors instead and be heard. And what they told Judge Alice Schlesinger of New York Supreme Court is – time makes forged deeds good.
The Title attorneys, Judge Schlesinger and I all know a forged deed has no equity and the only equity corrupt Thomas Malone of Fidelity National Title and Corrupt David K Fiveson of Coronet Title were speaking of when they stated to Judge Schlesinger “we have equity” was the equity under the table for Judge Schlesinger and Judge Schlesinger’s ears perked up, she looked at me and said “it doesn’t look good for you” and ruled against the law.
The Title companies are silently behind the scenes minipulating much of the foreclosure fraud., and with a Judge like Judge Schhlesinger that takes a bribe the title companies are getting away with it.
the banks are now trying to shutdown help websites that are exposing them. this is just becoming to much and its time people really start taking into consideration that nobody is going to help us. only we have the power to stop this at anytime. we have the power to control the markets the banks and even lower gas prices. we have the power to insure our rights are not violated and to throw these corrupt bastards out of any position they hold.
what is the oil company going to do if people actually decided this is going to stop and stop now? 1 week of people coming together and not buying gas would throw their silly asses in a panic and prices would be forced down.
what would banks do if people came together and said screw them enough is enough no more doing business with them. not 1 more damn dime on their mortgages, credit cards, bills, or anything? imagine the horror and fear and feeling of helplessness these bastards would feel. the same feeling we have is what they deserve. not us.
what would the all high and mighty courts do if people realized the system designed to protect us from this crap will not? what if the people decided if the courts will not even follow their own rules and laws to protect us and instead harm us then we no longer have a use for them. period!
what if people decided the officials and leaders we elected are not doing their jobs, are abusing their power, and enjoying a free ride at our expense? we hired them we fire them just like we are supposed to do when someone we hire steals from us!
or are we supposed to just sit there like helpless victims while they break the laws we have to follow? just sit there like cowards while they steal from us and harm our families!
what if we demand our rights. start video taping our court cases. that is our right. get it on video and start posting this. the public own the air waves and we can broadcast what we want when we want. that is not going to far. what they are doing is going to far. we didn’t do anything they wrong they did. and they should not be rewarded for it.
they will continue to bully us 1 at a time until eventually we all lose. but together they will bow down and cower like the real b****** they are.
we either continue to just sit and allow this or we come together and figure out a way to stop this crap.
we live here. we work here. we grew up here. our families are here. this is our lives not theirs. you do not sh** were you eat and they are. there is no law that says you have to laid down and allow someone to defraud you.
america does not work without us. they live here and work here just like we do and should follow the same rules.
30 years ago people protested and fought for less. 230 years ago people protested and fought for more.
308,745,508 people in the u.s. theres not a court system, police force, or military force big enough in the world to force us to just lie down and allow us to be defrauded.
our rights were fought for. our laws should not have to be. if our system will not work for us then why should we.
The challenge is getting everyone on board, thus the reason to do all that can be done to expose them all through broad range media. We should not stop with 60 minutes. Try to convince any and every source you can think of to help expose what is happening in this country. I saw Jessie Ventura on the Pierce Morgan show. Pierce Morgan told Jessie in so many words that he has a screw loose. Most people refuse to believe that their government would conspire against them in such a way and that laws would be obsolete for those whom they choose but strictly enforced against the common people. How sad it is.
They have probably already prepared for a mass up-roar by the people. It is rumored that is the reason the FEMA camps are still set up. When banks have to pay lawyers big bucks to shut down websites that are exposing them….then that seals the reality that the truth is being told and they will stop at nothing, even destruction of our first amendment right, to continue their fleecing of America while our govenment and legal systems turn and look the other way to help them wipe out the middle class. Two party political system and a two class population.
Very seldom do I make comments about what who is doing what.
Scared people resort to unusual tactics usually out of desperation.
Many know my name, very few know what’s in process.
Place all emotion aside, take care of the business at hand.
The banks legal machine has no emotion.
We are all trying very hard to take care of the business at hand. Unfortunately, most out in the general public are clueless. We are a handful of peons up against the elitest giants as well as our corrupt government whose job is to protect us. We need the rulings of the Courts to give us a fighting chance. It does not appear that the justice (injustice) system is ruling in accordance with tbasic law. I sincerely hope that whatever is “in process” will help us in our fight as well as exposing the fact that this is not just about homes but goes much deeper and is far more sinister. II am no lawyer but I do know that any judge who rules in favor of a bank when there is clear factual evidence of fraud and forgery is breaching his oath of office. I pray that you may be the James McGuire I think and who will help to make a difference for the families who have been hurt as well as how much impact this fraud has had on our economy.
I’m done with the credit cards. Late on a payment and they sent me a letter raising the interest rate to 29% even on the balance not just going forward. They can kiss my bumper. I agree, let all the middle class just stop spending, take money out of the banks and tell them all to just kiss our bumpers.
Who has the best and the least expensive securitization audit??
Gary
Can someone help me as my so called attorney will not answer me, in how to file a objection on a motion to dismiss. after 22 months of being on the plan, in Massachusetts have less then two weeks to go
also can respond to Tomuchbull61@yahoo.com.
Thanks
Mark
What part of MA are you in?
This might of interest to all citizens (esp. those in Ohio) – who are fighting the Bank(s) to save their homes. Read the exchanges in the comments section at the bottom of the article.
http://www.dispatch.com/live/content/business/stories/2011/03/24/chase-notifies-homeowners-about-mortgage-counseling.html
Chase bank actually tried to discourage (bully) this attorney during the 2 day event:
http://www.usaprnews.com/united_states_articles/2011/03/columbus-ohio-foreclosure-defense-attorney-john-sherrod-of-jump-legal-group-holds-free-seminar-for-homeowners-having-problems-with-their-chase-mortgages-204276.htm
Superior Court judge to oversee the foreclosure process in NJ…
http://www.nj.com/news/index.ssf/2011/03/nj_superior_court_judge_to_ove.html
Gosh……Not a posting in days, did the site go down ?
Unreal how much people understand about this ongoing fraud. Yet we continue to here the Government state that the too big to fail Bansksters deserve to continue foreclose on us ” Dead Beats “…………..
Read this if you don’t quite understand the chain of title
http://livinglies.wordpress.com/2011/03/31/borrower-is-actually-entering-into-an-undisclosed-investment-contract-not-a-loan/#comments
New CEO of MERS, Paul Bognanno. He is also Chairman of the Board of Radian Guaranty, Inc., Director of First Federal Savings Bank of IA, Director of North Central Bancshares, Inc, and a self-employed consultant whose main customer is CitiMortgage. Geex, I don’t see any conflicts of interest!!
http://www.mersinc.org/about/exec.aspx
http://investing.businessweek.com/businessweek/research/stocks/people/person.asp?personId=4442829&ticker=RDN:US&previousCapId=320709&previousTitle=RADIAN%20GROUP%20INC
I have attached a good link that shows MERS’ Board of Directors and their affiliations with other companies.
http://investing.businessweek.com/businessweek/research/stocks/private/relationship.asp?personId=29198733&privcapId=29198655&previousCapId=29198655&previousTitle=MERSCORP,%20Inc.
The CEO of the Mortgage Bankers Association on the Board of Directors of MERS. Who’da thunk it….
http://investing.businessweek.com/businessweek/research/stocks/private/person.asp?personId=8100231&privcapId=6544888&previousCapId=29198655&previousTitle=MERSCORP,%20Inc.
My sincere Thank You Tim.
I would love to make a difference where it would help others also, however, even Brad has checked with attorney friends and there is not one attorney in DE that wants these cases. If I have guidance, I will handle it pro se, which is what I was going to do anyway.
What is pro se, I have a case in Utah I’m having trouble with can you give me some ideas
on what I should do ?
Thanks,
Dennis
Pro se means that you represent yourself in court. You do not have an attorney.
Without any details of the case, we really can’t steer you in any direction yet.
If you didn’t already know your money wasn’t safe with BofA, check out this story…
http://mcaf.ee/93deb
Greetings – I hope everyone is having a nice weekend!
My husband just shared this story with me…(see link below) and I have to tell you that despite the fact the the homeowner admitted knowledge…this is just amazing. The lengths to which the IRS agent, etc. went are amazing…especially when there are bigger fish to fry…this is how that agent chooses to use the government’s money (and apparently enjoys his hobby of snooping on people when the whim strikes). I’ll bet that IRS agent has a list of people who are untouchable….
Apparently mortage companies are exempt from fraud – they are coated with Teflon..but the little guy? They fry him..
http://www.nytimes.com/2011/03/26/business/26nocera.html?_r=1
My mortgage docs are wrought w/fraud – including initials and signatures that are NOT mine. Yep, and the mortgage disclosure doc copy the company provided with a QWR response? Blank – not signed by yours truly. Also, the verification of income/assets interview was conducted by someone named “XXXXX”, yep, litterally all X’s. I didn’t sign the doc – someone signed it for me. The assets and income are way out of whack – nothing I would ever sign in a million years! For example, I’ve never even had rental income in my life — imagine my surprise to see an asset listed that receives rental income? That’s just the start.
We need to work together to reduce the size and influence of the Financial Industry before it sucks all the blood out of our fragile economy. OK, now for the action part: For anyone in the Central Ohio area that has been a victim of Foreclosure Fraud take a look at these links and follow up if applicable:
http://columbus.craigslist.org/rnr/2288380379.html
http://columbus.craigslist.org/com/2288409240.html
http://finance.einnews.com/247pr/204276
Good luck my fellow citizens.
http://ampedstatus.org/network/groups/a99/
Chase Has my loan. Has anyone ever heard of ……Miles, Bauer, Bergstrom& Winters LLP ?
T
aka Dewey, Scruem, & Howe, LLP ……………LOL
Seriously now, I’ll see what I can find for you.
http://www.mileslegal.com/our-expertise/foreclosure/
Hi Hank
I know all about responsible money management, in 2009 my FICO score was in the high 7’s. It took years to get to where my wife and I were. We chose like all others in this country to invest in our home. We had allot of our own money, as well as sweat equity when we built our home. Our jobs/ income had not changed in over 10 + years.
point is when my wife and I lost both jobs in about 60 days apart, we continued to be on time with our mortgage, until we entered into a government program called HAMP.
Thats when we cashed in and paid the IRS 30* withdrawal fee. this was done because, because we believe in paying our bills on time…..
Here’s my point, the Bank has allowed us to pay a modified payment while promising a mortgage modification. We were told we had it 9 months into it and 5 months later they claimed they don’ have any paperwork from us although we notarized these docks and to what end, we are 11 months behind broke and without any response from Chase
Go somewhere else a preach your Pay Cash to someone who cares……….
To TC- If you’re behind on your mortgage or in the redemption period — the bank is trying to determine if the house is abandoned. If it is determined that the owner has left – they speed up the redemption and get your house that much quicker. If you’re not behind/in redemption…that is scary.
We’ve been lucky – the people around here who seem to take these jobs are too scared / polite to come to the door – so they leave notes in the entry drive (on the address sign).
I know a lot of people cannot afford an attorney for foreclosure defense, neither could I. I am offering this information for aiding you. I am not holding out to represent any attorney or plan. I absolutely recommend that you first find a “pro bono” attorney. If that does not succeed, you can look up the following site http://reachingu.net/
They are a non-profit that helps cover costs through the Freedom Legal plans. I am using them, so I can say that it is not a scam. Instead of paying the obscene fees charged by attornies, you pay a flat monthly rate. You can give that a try as a second resort. It can’t hurt to inquire.
I just want to restate, I am not recommending them, I am offering it as an avenue for people who have no other options.
Thanks again, Tim. This could be a great help. I may have found a “warrior lawyer” here in southern California. They were direct but did not minimize the potential fraud and irregularities by bank beyond TILA etc. If I can scrape up $1,500 I should be on my way. They charge $3,000 and $500 or $1,000 a month for full case. “Non-profit” wanted $5,000 to $8,000 up front. If they pan out will pass on info.
@HammerTime – a warrior lawyer in southern California? – this is what we so desperately need!
If/when you can share more info, I’m interested. I found a good BK down here, but my loan is really my biggest problem – not too much other debt. I’m in Orange County, CA.
Is this weird? – While I was at work today, my spouse said a man from Bank of America showed up at our house just to find out if I really live there….once this man got the answer “yes”, he just left. No other questions.
Dang, I wish I would have been home to find out why he needed to know that (and get his employee number and car license plate#). I’ll never trust that bank, or any of the TBTF
I get that once a week from BofA as well. We actually chat and joke. These contractors do not even know why they are doing it, other than knocking on the doors and taking pictures.
Beau Biden is my state’s AG. I wrote to him and sent documentation but I never got any response whatsoever from him or even one of his office flunkies. I just wrote a short letter to the Govenor and stated that perhaps he could get my message to Mr. Biden as I have had no success. I sent him a link to this site, specifically to the March 29 meeting. I also let him know he might be interested to take a look around this site as he may learn something. I better be careful or I’ll end up getting audited or some other awful thing like that. They wouldn’t have much to review, it would now be a very quick audit, thank you to BofA. LOL
I hear ya, BofA here as well. When Wall Street tries to steal your house from you and your family, there is nothing the state can do to intimidate you. Myself personally, I will do whatever it takes to keep the banks away from my house, legal or otherwise. Anything that happens is on the states hands. I have attempted every legal way to address the situation. The state and feds could care less.
If the state does take you to court civilly as retaliation, check to see if your state has anti-SLAPP laws. A SLAPP is “Strategic Litigation Against Public Policy”. You know, now that I think of it, homeowners who have been taken to court because of fraud can claim this as an “equitable defense” for having the case tossed out.
That was a light bulb moment….LOL Check those laws out !!!
Sorry, SLAPP is “Strategic Litigation Against Public Participation” in some states.
Up-date: I did get a response from the Govenor’s office. They are very sorry for my Bank of America problems and would forward my complaint to Beau Biden. I won’t hold my breath.
I found this for deleware
http://deforeclosurehelp.org/
Thanks Kay!
If you have a MERS mortgage, you might want to tell Mr Biden that MERS is acting outside the scope of their incorporation. Send him a copy of William Hultman’s deposition, and tell him to compare that to Delawares laws for Corporations.
TITLE 8
Corporations
CHAPTER 1. GENERAL CORPORATION LAW
Subchapter I. Formation
§ 102. Contents of certificate of incorporation.
(e) The exclusive right to the use of a name that is available for use by a domestic or foreign corporation may be reserved by or on behalf of:
(1) Any person intending to incorporate or organize a corporation with that name under this chapter or contemplating such incorporation or organization;
(2) Any domestic corporation or any foreign corporation qualified to do business in the State of Delaware, in either case, intending to change its name or contemplating such a change;
(3) Any foreign corporation intending to qualify to do business in the State of Delaware and adopt that name or contemplating such qualification and adoption; and
(4) Any person intending to organize a foreign corporation and have it qualify to do business in the State of Delaware and adopt that name or contemplating such organization, qualification and adoption.
The reservation of a specified name may be made by filing with the Secretary of State an application, executed by the applicant, certifying that the reservation is made by or on behalf of a domestic corporation, foreign corporation or other person described in paragraphs (e)(1)-(4) of this section above, and specifying the name to be reserved and the name and address of the applicant. If the Secretary of State finds that the name is available for use by a domestic or foreign corporation, the Secretary shall reserve the name for the use of the applicant for a period of 120 days. The same applicant may renew for successive 120-day periods a reservation of a specified name by filing with the Secretary of State, prior to the expiration of such reservation (or renewal thereof), an application for renewal of such reservation, executed by the applicant, certifying that the reservation is renewed by or on behalf of a domestic corporation, foreign corporation or other person described in paragraphs (e)(1)-(4) of this section above and specifying the name reservation to be renewed and the name and address of the applicant. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the Secretary of State a notice of the transfer, executed by the applicant for whom the name was reserved, specifying the name reservation to be transferred and the name and address of the transferee. The reservation of a specified name may be cancelled by filing with the Secretary of State a notice of cancellation, executed by the applicant or transferee, specifying the name reservation to be cancelled and the name and address of the applicant or transferee. Unless the Secretary of State finds that any application, application for renewal, notice of transfer, or notice of cancellation filed with the Secretary of State as required by this subsection does not conform to law, upon receipt of all filing fees required by law the Secretary of State shall prepare and return to the person who filed such instrument a copy of the filed instrument with a notation thereon of the action taken by the Secretary of State. A fee as set forth in § 391 of this title shall be paid at the time of the reservation of any name, at the time of the renewal of any such reservation and at the time of the filing of a notice of the transfer or cancellation of any such reservation.
MERS cannot give out the use of their name to other companies. Only the Secretary of State for Delaware can. I have included a link to Delawares Corporation Laws. The incorporation must also be for a legal purpose. I don’t see how having a “shadow registry” qualifies as a legal purpose.
I am surprised that nobody has challenged their legal standing as a Delaware corporation.
http://delcode.delaware.gov/title8/c001/sc01/index.shtml
Just thought of this one and wanted to pass it along..
If MERS is the mortgagee of record, and those records are entirely recorded by employees of the “members”, as MERS “certifying officers”, than the records of the members must also be in MERS name by operation of law.
§ 122. Specific powers.
Every corporation created under this chapter shall have power to:
(5) Appoint such officers and agents as the business of the corporation requires and to pay or otherwise provide for them suitable compensation;
MERS DOES NOT PAY OR COMPENSATE THEIR OFFICERS AND AGENTS. YJRY ARE EMPLOYEES OF THEIR MEMBERS.
§ 126. Banking power denied.
(a) No corporation organized under this chapter shall possess the power of issuing bills, notes, or other evidences of debt for circulation as money, or the power of carrying on the business of receiving deposits of money.
(b) Corporations organized under this chapter to buy, sell and otherwise deal in notes, open accounts and other similar evidences of debt, or to loan money and to take notes, open accounts and other similar evidences of debt as collateral security therefor, shall not be deemed to be engaging in the business of banking.
THIS MEANS THAT THEY CANNOT BE THE “ISSUER” OF A SECURITY INSTRUMENT. THEY CAN BUY, SELL, DEAL IN, OR TAKE THEM ONLY. THEY HAVE NO POWER IN THEIR INCORPORATION TO ISSUE ANY EVIDENCE OF DEBT, SO BY OPERATION OF LAW, CANNOT BE THE ORIGINAL MORTGAGEE, WHICH WOULD BE “BANKING”.
@Tim
Your such a good guy Tim! Thanks. I actually almost have a law library in my house on Delaware laws and codes trying to figure the best way to go. I have my file ready to send to Brad Keiser for a loan analysis. My original mortgage was a MERS. Then we got the rip off refi and they sold the loan to Fannie Mae where it was pooled into the bond market. The satisfaction was prepared by Recontrust and signed by Rodisha Higgins, Assistant Secretary, MERS. They also violated our 3 day right of rescission by not giving us the 3 day right to cancel. I’m just not sure which way I want to take this. The way I see it, I demand a rescission where they have to undo the whole loan. I will also ask for damages on each and every violation that is found. Then I wonder if I could seek quiet title based on the fact that MERS should have no legal standing pursuant to Delaware Code.
I will wait to see what the loan analysis shows and go from there. I know yours was BofA also. Which direction are you going with yours?
And, how is the neck doing?
Katheryn,
You could be in the position of having a landmark case. Since you are in DE, you could challenge MERS, Inc’s certificate if incorporation as being fraudulent. If you succeeded, MERS would not have standing anywhere. Let’s see if we can get you some help.
EVERYONE WHO SEES THIS….Let’s try to see if we can find some legal assistance for Katheryn. This could be THE most important case concerning MERS. Let’s all get out there and help her. Find any cases in your state dealing with MERS, and call the attorneys involved. They may help point us to the right people.
Who closed down DOCX?
Why haven’t they closed down Fidelity National Title? New York land records as well as Florida land records have infiltrated by Fidelity National Title’s attorneys and controls many of the county land records. They have used their forged deeds, their forged affidavits and have also used them retroactively to insert them into the county records.
Fidelity National Title still exists. Also, nobody closed down DocX (other than in public statements). It was sarcasm….LOL.
There was a class-action settlement against them in FL in January. Follow this link, and read about it. There is also a claim form you can download.
http://www.sfmslaw.com/class-action-lawsuits/cases.php?id=177
I know Fidelity National Title still exists because they insured a forged deed from property I own and in Astoria Federal S & L v. Marilyn Lane. after Astoria ‘s Attorneys said It’s Indemnify, Indemnify Indemnify. -we are stepping aside and the title companies are stepping in., the title companies Fidelity National Title and Coronet Title did not want to indemnify but wanted to be intervenors and be heard and what they told the court is time makes forged deeds good.
The Title companies, Judge Alice Schlesinger of NYSC and I all know that when the title attorneys told her “we have equity” for their forged deeds the only equity they were talking of was equity under the table for Judge Schlesinger and she ruled against the law {US Supreme Court case of Elliot v. Piersol)
As for DOCX I see that after they were sanctioned by a US Bankruptcy Judge, Diane Weiss Sigmund
and partially admitted there were faults in the documents, they closed the Alpharatta Georgia office but continue to mass produce replacements from their Jacksonville Fla and Dakota County Mn. offices.
Not only should ALL the LPS’s DOCX producing offices be closed, but so too Fidelity National Title as they have infiltrated and control many of the county land records. with their false documents.
Here’s an interesting article about Nationwide Title in FL. They are now suing their critics. These are the types of cases that are considered SLAPP. If the state has anti-SLAPP statutes, the defendant can file their own claim to have it dismiss, as it is a frivolous lawsuit to suppress speech.
http://www.tampabay.com/news/nationwide-title-goes-on-attack-against-vocal-critics/1139169
If you thought LPS was going away, think again…..
http://www.nationalmortgagenews.com/dailybriefing/2010_306/lps-buys-tech-vendor-1023918-1.html?site=default_tech
Came across their 2010 SEC filing. VERY interesting…..Somebody should send this to the judge in that case.
http://www.sec.gov/Archives/edgar/vprr/10/9999999997-10-008900
Pg 11 – “Although HAMP has produced a large number of trial modifications only a small portion of those modifications have been converted to permanent modifications to date.” DO YOU THINK?
Pg 17 – “Schneider Kenneth et al vs Lender Processing Services Inc et al….The complaint essentially alleges that the industry practice of creating assignments of mortgages after the actual date on which loan was transferred from one beneficial owner to another is unlawful. The complaint also challenges the authority of individuals employed by our document solutions subsidiary to execute such assignments as officers of various banks and mortgage companies…” THE INDUSTRY PRACTICE?
“Recently during an internal review of the business processes used by our document solutions subsidiary we identified business process that caused an error in the notarization of certain
documents some of which were used in foreclosure proceedings in various jurisdictions around the
country, The services performed by this subsidiary were offered to limited number of customers were unrelated to our core default management services and were immaterial to our financial results We immediately corrected the business process and began to take remedial actions necessary to cure the defect in an effort to minimize the impact of the error.” I DIDN’T REALIZE A JUDICIAL PROCEEDING WAS AN “INTERNAL REVIEW”. PUBLISHING DOCX PRICING TO CREATE BOGUS DOCS ON THE WEB, IS OFFERING IT TO A LIMITED NUMBER OF CUSTOMERS? GOOD THING THEY CAUGHT IT AND TOOK REMEDIAL ACTION !!!
This is an interesting archive from the Offices of Dewey, Scruem, & Howe……
http://www.mortgagefraudblog.com/images/uploads/Chicago_Tribune_news__06-02-15_-_Obama,_Durbin_propose_federal_mortgage_…pdf
tim,have been trying to contact you.i do not understand why you do not respond.i have a few things to discuss with you. please respond 412-773-9105
Sorry,
I can contact you any time tomorrow. What time is best?
Greetings everyone, this is my first time to post with this message board, although I have been reading things here for several months.
I have previously left a reply about a month before and also about a week ago telling my story as a legally blind tenant locked out by vendors five months before the bank got a deed at the Sheriff sale to be the owner and my new landlord pursuant to Protecting Tenants At Foreclosure Act of Congress.
I made dozens of calls over the past six months trying to regain the rental and have access to personal property, but US BANK and FIVE BROTHERS MORTGAGE SERVICING AND SECURING, INC refused to speak with me. All my several attempts at court action were dismissed or denied and last week I took pictures of the same vendors returning and stealing everything, with consent of the police, that have repeatedly threatened arrest for trespass, after being arrested for trespass, although not on the property and held in jail for six seeks under excessive bail and then the charges dropped by the prosecution just three days before jury trial when ordinary people would have heard this horror story.
I know that we can not depend on anyone in government to do the right things and that we can do it ourselves and so I invite you all to spread the word to have others see what is at my new URL:
http://www.foreclosuredefensealliance.us>
and my new blog:
where I drafted a proposed legislative agenda for cities and counties everywhere to enact local legislation to take back all these foreclosed properties from the BANKSTERS for code violations that will profit all the people. This is a killer and grassroots at its best if you all help us pull it off!
I have so much to tell and will be adding googles of resources for everyone..
Those of you who would like to join this effort and help fine tune the draft, please let me know so that I can give you access to my google docs to let you edit with me and derive a more or less final version to disseminate to local legislative bodies throughout the US.
Also please start compiling a list, as I am doing, of all the email addresses of local governing body members, to send this proposed legislation to, besides email addresses of newspapers and charities, like habitat for humanity, that you and I can determine should also receive this information.
Would any of you like to link to me?
Do you know of anyone to contact to suggest that they link to me?
You can reach me at my phone line: 574.804.0006, 24/7, as I sleep very little, as I wake up constantly to sit down at the computer and keep at it to – bust all BANKSTERS!
Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life
I am a little curious. How did you get a government domain name?
Also, you stated, “… and last week I took pictures of the same vendors returning and stealing everything, with consent of the police, that have repeatedly threatened arrest for trespass, after being arrested for trespass, although not on the property and held in jail for six seeks under excessive bail and then the charges dropped by the prosecution just three days before jury trial when ordinary people would have heard this horror story.”
Simple question…..if you were arrested for trespass last week, how were you held in jail for 6 weeks?
Your story is too sad………………………to be true.
MICHAEL -LYNN, “TRILLIONS OF DOLLARS IN FRAUD BLOG”
Your url link does not work ! did you make a typo?????????????????????
I agree with Tim Bryant your story is confusing and “too sad to be true”.
What is up with your domain name registry extension “.us>-will search that too.
I will be doing some some research to determine if you are legit.
No I have not and will not bother to call your telephone numbers but will verify them in reverse directory.
If you are legit and trying to use this Message board to help others-you should clarify and prove it
The URL did not show correctly in my previous post so here is another attempt to provide it to everyone:
foreclosuredefensealliance(dot)us
bustallbanksters(dot)wordpress(dot)com
Thanks for looking and helping!
\
\
Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life
My domain name was set up by my web designer that is a company with this URL:
web(dot)com
I think that .”us” is only a country name and not a government name which in this country would be
.”gov”.
Sorry that it was not clear about when the lock out occurred, which was September 29, 2010 and the arrest occurred October 10, 2010 and I got out of jail when friends bailed me out finally on November 24, 2010 and then the trespass was dismissed three days before Jury Trial that was to occur on January 13, 2011.
It is very sad and much worse than what you know from the short version of this tale, such as this fact that the vendors and police and local animal control shelter all knowingly allowed five cats and kittens to remain locked up in the house for eight days before I saw that they had figured out how to squeeze out of a loose fitting board over a broken basement window. No one would even go place a live trap inside the door with water to catch them. I had PETA call and that also did no good.
Thanks for your inquiry …
Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life
Please help me instead of beating me up. It is not easy to do this being legally blind and on less than $700 a month to live on from SSI and disability. It is costing me $85 to have this webpage each month that so far everyone seems to be having trouble linking to besides me and I do not know why, but will be discussing the problem with my web host/designer, i.e., web.com.
It is easy to make a typo and not see it myself and you will find that my phone number is correct as stated and in my name: Michael Goble and I now live in North Liberty, Indiana in an apartment of a friend with three cats and not much else, since everything else was stolen by the vendors. Seems that someone here would be sympathetic and outraged about all that US BANK has done in disregard of PTAF and other law.
Would you please help me understand how to put the URL in here like I see that you sometimes do so that others can click to it as I don’t seem to know how?
Could you tell how to simply post the proposed legislative agenda here with 4closurefraud from my email account with yahoo where I composed it – I am not very computer savvy?
Thanks,
Michael-Lynn @ The “MIXED WAR” Room and The Trials of Life
You must help yourself. We do not sponsor, nor condone fraudulent or criminal activities. THAT IS WHAT WE ARE FIGHTING.
Your background, whether you like it or not, will always come back to haunt you (and you do know what I mean). Considering that, you may want to find some consolation in another location. There is no pity here for fraudsters.
If you continue with this nonsense, I will gladly post the public records of Indiana relating to those activities….CAPECHE?
Interesting…catch the part about more people should be renters.
http://money.cnn.com/2011/03/23/markets/thebuzz/index.htm?section=money_topstories&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fmoney_topstories+%28Top+Stories%29
I agree. Renting should be the way to go if you have no consumer protections as a homeowner.
Tim
have you read how this case ended ?
INDYMAC FEDERAL BANK FSB, PLAINTIFF, VS. ISRAEL A. MACHADO – 50 2008 CA 037322XXXX MB
No I have not, but I will do shortly. Like everyone else, I was having trouble accessing the site today. All seems good now.
From what I gather it was dismissed without prejudice and IndyMac had to pay Machado’s attorney feed. When it is “without prejudice”, he can be taken back to court for foreclosure. This could start all over again for him. That is a bad place to be.
I really do not like these do-overs. The judges should dismiss “with prejudice”. It should not be the homeowners fault that the wrong party claimed they owned the note. It should be tossed permanently, and then the true noteholder can go after the fake noteholder for damages. That would make the most “equitable” sense. In this way, the fake noteholder pays for all injury and damages. This would also send a signal to others who want to game the system with claims of owning the note.
Tim,
If I have a less the 12th grade education and fully understood the obvious criminal activity in that deposition, then one would have to question the Judge in this case.
My America has just been robbed of the rule of law !
When will the people of this country learn.? Were on way to hell in a hand basket.
I was raised by Men, sad how we have changed…………Very Very Sad.
Let’s see, an employee of a bank in FDIC receivership making a false affidavit….
18 USC § 1021. Title records-
“Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both.”
18 USC § 1007. Federal Deposit Insurance Corporation transactions-
“Whoever, for the purpose of influencing in any way the action of the Federal Deposit Insurance Corporation, knowingly makes or invites reliance on a false, forged, or counterfeit statement, document, or thing shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.”
I could think of better things to do than 30 years in prison, which is what we would get if we tried that.
Pretty ironic how the government and 50 state AGs want to sweep this under the rug, now that everyone knows the FDIC was in on it. Geez, what do you call it when the government submit false affidavits to the courts in an attempt to defraud homeowners? Oh yeah, “technical issues”.
It’s good to know our government has our back (sarcasm inserted). Anyone know if Erica Johnson-Seck still has her job? What am I thinking, she probably got promoted, or got a higher paying position working for Tim Geithner.
50 State Ags are still in settlement talks with the banks…..it is not over yet !
PLEASE visit and participate in a NATIONAL CALL IN DAY MARCH 29th 2011.
Visit the website…….. http://www.crimeshouldntpay.com/countdown-to-march-29
CALL CALL CALL EVERYONE PLEASE CALL
It is NOT over yet…they are starting to pay attention.
http://market-ticker.org/akcs-www?post=182893
Foreclosure fraud bill advances
By J. Scott Trubey
The Atlanta Journal-Constitution
5:15 p.m. Tuesday, March 22, 2011
A bill to expand the investigative powers of the attorney general and district attorneys to cover foreclosure documentation fraud on Tuesday cleared an important state Senate panel.
The Senate Judiciary Committee approved House Bill 237, the centerpiece of new Attorney General Sam Olens’ legislative package, by a vote of 8-2. It now moves to the Senate Rules Committee for scheduling on the full chamber’s calendar. The House passed the bill March 2.
The bill would criminalize falsifying foreclosure documents, not simple typos. Senior Assistant Attorney General David McLaughlin said his office has seen instances of back dated foreclosure documents, apparently forged notary signatures and other abuses.
The bill also would give the attorney general and district attorneys subpoena power. The bill, if passed, would go into effect July 1, and would not be retroactive.
Find this article at:
http://www.ajc.com/business/foreclosure-fraud-bill-advances-882155.html
18 USC § 493. Bonds and obligations of certain lending agencies
Whoever falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners’ Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States, shall be fined under this title or imprisoned not more than 10 years, or both.
Whoever passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to the provisions of this section, shall be fined under this title or imprisoned not more than 10 years, or both.
Anyone having problem posting?
If you receive this email, then no problem with postings??? If not, the feds could be all over this site!!
Let me know you received this Hammer time…
The Feds ARE all over the site every day. I track their visits.
They must have to come here to see what is really going on. I don’t see anyone else in DC doing it…LOL
This BofA security was just posted to the SEC…..http://www.secinfo.com/d14D5a.q27Ta.htm A few interesting items in it;
1. “The selling agent is a member of the Financial Industry Regulatory Authority, Inc. (“FINRA”). Accordingly, the offering of the notes will conform to the requirements of FINRA Rule 5121.” – Let me get this straight, a regulatory authority who is benefiting from a security, is going to “independently” regulate it? On their website, “FINRA is the largest independent regulator for all securities firms doing business in the United States.” This must be the regulatory equivalent of MERS !!
I wonder if this is going to be the new norm for MBSs as well.
http://ampedstatus.org/network/groups/a99/forum/topic/target-mers-shadow-registry-of-wall-street-destroyer-of-property-rights-and-records/#post-1774
Fed ordered to release who received money, and how much as part of the 2008 bank bailout. This oughta be interesting !
http://www.bloomberg.com/news/2011-03-21/fed-must-release-bank-loan-data-as-high-court-rejects-appeal.html
BofA must be nervous…they have posted 35 SEC statements so far today.
Warren Buffett dumped BofA stock a couple of weeks ago. Hmmmmmmmm
Five BofA execs dumped stock a couple of weeks ago as well. I believe back in the good ole days of regulation, they would call that insider trading…LOL
Hows a come Martha had to do time???? lol
The stocks involved with BAC / BOA largely appear to be Municipal bonds. Will the Feds disclosure show that states have even les money than they think? Also, this is a great site for viewing the actual SEC documents. http://www.secform4.com/insider-trading/70858.htm
USC 18 § 644. Banker receiving unauthorized deposit of public money
Whoever, not being an authorized depositary of public moneys, knowingly receives from any disbursing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law is guilty of embezzlement and shall be fined under this title or not more than the amount so embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled does not exceed $1,000, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.
I have a lawyer who really gets it. Here in Connecticut.
I don’t know if he’s taking on anymore clients, but if you are interested. Let me know and I’ll find out.
Marty
CT
Here is info on MISMO (Mortgage Industry Standards) web wiki (editable database). You will find alot of interesting info here. There are many items clearly explained, which the industry has stated they do not do….
http://wiki.mismo.org/sdv3/Wiki%20Pages/eMortgage%20Glossary%20A-D.aspx
Found this one real interesting as it pertains to “Noteholders” Remember, a noteholder must have physical possession of the note. This is an admission of bifurcating the note, making the debt an unsecured debt.
“eDoc Custodian – A financial institution that contracts with a lender to maintain custody of certain electronic and paper mortgage documents on the lender’s or investor’s behalf.”
I like this one…Read #2, then tell me what is wrong with that statement !!!
“eNote Clause – Also referred to as eNote Language. Additional terms that must be included in the text of an eNote to comply with E-SIGN and UETA requirements. It has two parts: 1) Ensures that borrowers acknowledge they are signing electronically, and 2) Informs any holder of the eNote that legal ownership can be determined by consulting the eNote Registry.”
Great Info!!! can anyone help me to the sec link to get a psa for # NC2005he8? I just cant find it 🙁 The loan was taken out July of 05. I need to find the cut off date to it. Any help is great!
Mrs Doughtfire (love the name BTW),
Here is a link to find it….
http://mattweidnerlaw.com/blog/2010/05/finding-pooling-and-servicing-agreements-is-key-to-killing-your-foreclosure-case/
From MERS website…
Administrator Integration Questions
Chris,
When a company becomes a MERS Member, they are assigned both a Business Integration Resource and a Technical Integration Resource to help integrate MERS in their organization. As a part of your initial integration process, your Business Integration Resource will discuss the possible interfaces with the MERS® System. Should you wish to take advantage of one of the system-to-system interfaces, your Technical Integration Resource will guide you through the process and provide assistance with connectivity.
Most MERS users do not set up VPN software on each workstation, but that would depend on how you implemented MERS in your existing application. Besides flat file and EDI interfaces, and our browser application, we support XML Registration and Inquiry transactions using MISMO request and response envelopes.
If you are a vendor, there is a flag on the system that allows MERS to designate that you wish your client to be billed for transactions. If this flag is activated on your profile, the client member is billed for any MERS transaction you perform on their behalf. If this flag is not activated, you will be billed monthly for all MERS transactions you perform.
For more specific information about integrating with the MERS System, please call our corporate office at 800-646-6377 and ask to speak to our Membership Manager.
Thanks,
Robyn
August 9, 2007
03:10 PM
Anyone who is fed up with the organized criminal activities of Wall Street, and the seditious conspirators who work in the government aiding and abetting them, please follow this link and join in…….
http://ampedstatus.org/network/groups/a99/
Here is the lawyers “that get it” link from livinglies site.
http://livinglies.files.wordpress.com/2008/08/lawyers-that-get-it-0310.pdf
This list is for all states. Many of you might have already checked here, but I wanted to post as it might help someone.
katheryn,
I have that list, but having a hard time finding a referral within a 100 miles. I keep searching
have you looked at the Vondran law firm. if none of their offices are near you, I bet they can give your some referrals. If you have not checked there, it’s worth a try.
Thank You,
I am in AZ working, they are very close. I’ll call them
Everyone is so helpful, Bless you !
Looking for some GOOD lawyers in California near Santa Barbara.
Same as everyone, I think I need to get ready sooner than a notice of sale. Any names to get started.
For Bryan Hufford :
Besides livinglies.word.com, there’s also gingolaw.com has Ca. lawyers listed. foreclosuredefensenationwide also has associates in Ca. Fees ? These are lawyers who “Get It .”
Article in LA Times for Mortgage service bill of rights. Thinking along these lines w/ recent discussions. Haven’t reviewed in detail but wanted to get it out there.
http://www.latimes.com/business/realestate/la-fi-harney-20110320,0,6604263.story
I read it, and it is crap. There are already state settlements with the lenders that call for the same mandates. They have not been abided by. I live in MA, as part of the Countrywide settlement, there was supposed to be principle reduction. This has not happened, and our AG does not and will not follow through with the settlement agreement.
The only way the banks are going to pay attention is when they start getting locked up. Until then, the agreements are not worth the paper they are written on.
That’s just my personal view.
I see your point. Seems a bill of rights puts a different context. What you are saying about MA and Countrywide could be part of the case for it and points out weaknesses of this version.
In MA, the AG is in effect, making a settlement, for violating a prior settlement, for violating the MA state laws. Hey Martha Coakley, can you be a little more blatant in your attempts to cover up for the banks?
Has anyone read how this case ended ?
INDYMAC FEDERAL BANK FSB, PLAINTIFF, VS. ISRAEL A. MACHADO – 50 2008 CA 037322XXXX MB
Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land protecting individual persons from the state. When a government harms a person without following the exact course of the law it constitutes a due process violation which offends against the rule of law.
Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so judges – instead of legislators – may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government shall not be unfair to the people or shall not abuse them physically.
This paragraph came right out of the “Constitution of the United States”. It would seem that what is happening with the bank’s unlawful seizure of property belonging to citiziens of the US and then laws being enacted and changed to accommodate these illegal activities would be a really good case for the ACLU. Isn’t that the basic purpose of the ACLU defense of basic constitutional rights? Just a thought.
This is what the government thinks of the Constitution…
Rex 84, short for Readiness Exercise 1984, is a contingency plan developed by the United States federal government to suspend the United States Constitution, declare martial law, place military commanders in charge of state and local governments, and detain large numbers of American citizens who were deemed to be “national security threats”, in the event that the President declared a “State of Domestic National Emergency”. The plan stated that events that might cause such a declaration would be widespread U.S. opposition to a U.S. military invasion abroad, such as if the United States were to directly invade Central America[1][2][3][4][5][6]. To combat what the government perceived as “subversive activities”, the plan also authorized the military to direct ordered movements of civilian populations at state and regional levels.[7]
Rex 84 was written by Lieutenant Colonel Oliver North, who was both National Security Council White House Aide, and NSC liaison to the Federal Emergency Management Agency (FEMA), and John Brinkerhoff, the deputy director of “national preparedness” programs for FEMA. They patterned the plan on a 1970 report written by FEMA chief Louis Giuffrida, at the Army War College, which proposed the detention of up to 21 million “American Negroes”, if there were a black militant uprising in the United States.[1] [8] Existence of a master military contingency plan (of which REX-84 was a part), “Garden Plot” and a similar earlier exercise, “Lantern Spike” were originally revealed by journalist Ron Ridenhour, who summarized his findings in “Garden Plot and the New Action Army.”[9]
Rex 84 was publicly mentioned during the Iran-Contra Hearings in 1987. [10][11] Transcripts from the hearing in the New York Times record the following dialogue between Congressman Jack Brooks, North’s attorney Brendan Sullivan and Senator Daniel Inouye, the Democratic Chair of the Committee[12]:
[Congressman Jack] Brooks: Colonel North, in your work at the N.S.C. were you not assigned, at one time, to work on plans for the continuity of government in the event of a major disaster?
Brendan Sullivan [North’s counsel, agitatedly]: Mr. Chairman?
[Senator Daniel] Inouye: I believe that question touches upon a highly sensitive and classified area so may I request that you not touch upon that?
Brooks: I was particularly concerned, Mr. Chairman, because I read in Miami papers, and several others, that there had been a plan developed, by that same agency, a contingency plan in the event of emergency, that would suspend the American constitution. And I was deeply concerned about it and wondered if that was an area in which he had worked. I believe that it was and I wanted to get his confirmation.
Inouye: May I most respectfully request that that matter not be touched upon at this stage. If we wish to get into this, I’m certain arrangements can be made for an executive session.
Exercises similar to Rex 84 happen regularly.[13] For example, from 1967 to 1971 the FBI kept a list of over 100,000 persons to be rounded up as subversive, dubbed the “ADEX” list.[14]
The basic facts about Rex 84 and other contingency planning readiness exercises—and the potential threat they pose to civil liberties if fully implemented in a real operation—are taken seriously by scholars and civil libertarians.
A retired judge I know warned about these FEMA camps 2 years ago. He also warned me of many of the things you and others have warned about concerning our freedom as well as our monetary system. Unfortunately, taking away our basic freedoms can be easily hidden under the infantesimal layers of “so called” protection. Just as the government needs spies so do the common people to protect us from our own government. How very sad.
Kathryn,
You will like this guy. Anyone in San Miguel County vote for this guy !!!
http://www.ricoforsheriff.com/
Tim,
I saw the article about the consumer board you posted. Honestly that really is the mentality of our government.
You want to protect our neighborhoods from crime ? Hire a parole they certainly have a great resume !
Mr. Mullings is President and CEO of the Mortgage Electronic Registration System, Inc. (MERS), established in February 1996. MERS is a national registration system that tracks mortgage rights for the benefit of consumers and the real estate finance industry. The idea was conceived by a technology committee of the Mortgage Bankers Association of America (MBA).
Getting well I hope !
Thanks for fighting the good fight
It’s like whack-a-mole. Every place their ugly heads rear up, you have to bash them back down….LOL
@ tim do you think ben ezera the lawyer in florida who has not turned their files into fannie mae is trying to start a law suit against fannie mae and the big banks for making them falsify documents. maybe they refused the pay off stern refused. the probably told stern to take the brunt hit and we will give you so much money. maybe ben ezera got the same letter and refuses the pay off. he knows all thes people have been scammed the appraisals were all fake. to many people in jail for mortgage fraud but no one from the big banks that told the appraisers if oyu do not come in=at selling price no work. basically what happened to ben ezera stern ect. if oyu do not fudge the paper work we are missing no work
so ihope ezera does not cave and gets a lawsuit going. that would be great. my daughter makes a wish eveyr day on 11:11 am or 11:11 pm please make a wish for all of us this is going to be a long laboriious road fo rme and my family.
I believe that they MAY be using this information as leverage against Fannie Mae. Fannie will only be able to proceed so far in this complaint if there are fraudulent practices involved. For those 15,000 homeowners, I hope this stays in court for years.
HUD proposing a Federal land grab of foreclosed properties, through the use of “Land Banks”
http://www.hud.gov/offices/cpd/about/conplan/foreclosure/landbanks.cfm
So now we get to what this is possibly all about. I’m thinking out loud….the government sits back and lets the banks make billions of dollars defrauding the homeowners and investors.
Huge profits are realized and pockets are well lined.
They take home ownership away from the middle class grabbing up the homes now from the banks. Banks don’t care have already made triple on each home.
Banks turn homes into rentals forming huge coroporations that will make tons on investment properties that have been revalued down to nothing, therein owing less property tax and will have all kinds of tax shelters.
Poor sorry middle class will now become renters who will now have their largest tax deduction taken away. Shabazz….brilliant…..look at the upped tax revenue. Again, as always in this country, off the backs of the middle class!
I really hope that I am way off base……..!!!!!!!
Katheryn – I think you’re spot on (unfortunately)!
The only part that still puzzles me a bit, is why there aren’t more Congress people fighting for the tax losses in their repective states from declining property values. (?)
Oh yeah – and with every foreclosure, it attempts to wipe the fraud off the books. I think that’s why Timmy G and Obama want this dealt with quickly.
I think we need to find out how the transactions between the banks, trusts, and/or investors legally transfers the property to the government. Does HUD do a complete title examination? Is the property already contracted for during the course of the proceedings? (then the government would be the true owner, and any foreclosure action would be a violation of the Takings Clause). Do you ever get the feeling MERS is hiding this as well.
I think I may move to Canada. They don’t seem to have these issues…..LOL
Conplan huh? Now we’re getting slapped in the face!
You are familiar with Operation CONPLAN as well?
@ Tim,
Not familiar; just noted the play on words as in being conned. Have alot of catching up on trail you’re blazing!
@ TC great point on tax revenue issue to raise with Congress. One of my goals is to use high cost loan data to put a spotlight on foreclosure impact on areas. Tried to use in local election but hope to address with Maxine Waters and own congress person. Hopefully can develop further as I’ve been saying. Difficulty is we are all working on our own “dual tracks” trying to survive while trying to raise the issues.
I am furious. I was in my office when I heard a voice and went to see who it was or what it was. I walked into the living room and there was a woman leaning over my husband who was a sleep on the couch, he is recovering from cancer and had his voice box removed 06/08/2010 everything that could go wrong did and he did not get out of hospital until 11/10/2010.
He can not speak or hear, he was looking around for me like a caged animal. This woman turned around a handed me a flyer and said “You Need To Call U.S. Bank” I said “no” she said she would tell them.
My seven yr old told me in told her to come in. Well he knows better, but thats not the point, Where I come from you don’t go in anybodies house without an adult inviting you.
Have they been in here before? We live in the country never lock the doors, but I will now.
Called the sheriff, they were really nice but son let them in, so they can’t do anything.
I’m so sorry for your family. That is horrible! There is going to be some really bad incident and someone really getting hurt or worse if the banks continue to behave this way. I feeeeeeel it coming!
Has anyone else had prolems with Wilmington Finance, CIT, Veriquest, Bank of New York Mellon, and especially Hal Bartow – Artow the robo-signer ?
I’d be pleased to hear
Marty
The SEC is attempting to make the mortgage mess even worse. They are proposing “risk retention” in securities, where issuers retain an interest in the loans. Add another party that will have their hands in your mortgage.
http://www.sec.gov/rules/proposed/2010/33-9117.pdf
I am amused by this statement in the proposal..”We understand that the isolation of the assets comprising the pool from claims of other creditors is important to ABS investors.” The SEC wants to help hide assets? Then they toss in this statement, “The proposed shelf eligibility condition would be to hold an interest in all the securities sold to investors and not the underlying assets directly nor the residual interest. ” This must be their MERS proposal where an unknown interest is held, except the principle or interest. Can anyone define yet what this unknown interest is, if it does not include the assets or interest? This will make the MBS shell-game worse than it already is. Uncle Sam has your back!!!
What is bemusing is, given this proposal, there will never, ever, be a TRUE SALE. The SEC is setting up investors to take a pounding. Go for it !!!
Interesting along w/ agreement below on assumption of valid signatures etc.
And w/ post on MERS…what a tangled web…interesting it’s dated ’97. Would be interesting to connect the dots from previous scandals, the players to politicians/policy.
@ Katheryn I’m w/ you 100% esp on your comment to Losing Home in FL. I would just say it’s beyond Republican/Dem and we need to see how much power corporations have taken the past 10 years and control of media, campaign financing etc. It makes you wonder but there are some good people on both sides of the aisle and in courts that hopefully will be part of the fight.
Interesting article today on WaMu exec lawsuit. Raises lots of questions along these lines.
@ HammerTime
You are correct. There are good and decent politicians and legal professionals out there. The sad fact is that they are goldfish swimming amonst the sharks and it is hard to stay in the game. We should all make an effort to single these folks out and let them know we recognize their efforts. A little recognition goes a long way in showing that we appreciate them. Sadly, I feel there are far too few, as the good ones get out of the ocean of sharks before being eaten. That is what our political system has come to….no longer for the people by the people. That’s what we need to take back but the real problem is HOW?
Exactly what I’ve been thinking about. Hoping I can use my data resources to single out main offenders by local community. If an area was abused we single out any lender or politician it corresponds to no matter if they’re Repub, Dem or a nice guy or gal! The thing we have left is public pressure. And they will worry about perception. We should all write a letter or call in to Kay’s bank and rep and post wherever we can!
If you need help in writing letters or research or anything, give me a shout. My strength is not taking the lead at things, but I’m a good helper!
@Kathryn – Will do. There’s some good people on here. Could make a good team and help people out. My meeting w/ lawyer is tomorrow and I’ll be assisting a family w/ their case. I’m working on some ideas and will run them by you. How should we exchange emails?
@ HammerTime I’m working tomorrow so I might get to read your up-date, but I probably won’t be able to answer. Do let us all know how the meeting goes. You mention meeting with your attorney and a family. Are you with a mod company? I agree there are good people on this site and hopefully we can do some good while making some progress against these horrible banks. I was also giving more thought about this “deadbeat” homeowner mentality of just wanting a free house. The fact of the matter that in many cases these banks have committed crimes tends to get lost when compared with some deadbeat getting a free house. I guess to many, it is like the killer who walks free based on a technicality. The anger attached to the killer getting away with murder makes one loose sight of the legal protections behind the “technicality”. That is why I keep saying we need to get the information out there that shows the negative impact this has on everyone in far reaching ways. We also need to publically shame our politicians and court systems who are turning a blind eye to outright crime. A good start could be a letter to each state’s county clerks on how much revenue has been lost due to MERS along with a copy of the letter to all local newspapers of each county. This is how you get the general public roaring. There are so many out there who would not have a clue what MERS is. If you asked people at random on the streets, you would probably get answers from a “planet to a new candy bar”. They are clueless that it has allowed banks to reap more profit at the expense of their county services. As painstakingly as this process is, it is how you get to the local people. Can we get 60 minutes or one of these news shows do a segment on it. My background is marketing and as trite as this may sound, you need a really well coordinated marketing campaign against the “deadbeat homeowner” mentality. This is not an easy task!
Thought this was interesting file in PSA research
http://www.sec.gov/Archives/edgar/data/1417410/000089322007003836/w43213exv8w1.htm
In our examination, we have assumed the genuineness of all signatures, the authenticity of all documents submitted to us as originals, the conformity of all documents submitted to us as certified or photostatic copies to the original documents and the authenticity of such documents. We have assumed that any documents executed by any party other than the Company are the legal, valid and binding obligation of such party. As to any facts material to the opinions expressed herein that we did not establish independently or verify, we have relied upon the truth, accuracy and completeness of the statements and representations of the Company, its officers and other representatives, the Trustee and others. Whenever the phrase “to the best of our knowledge” or “of which we are aware” is used herein, it refers in each case to the actual knowledge of the attorneys of this firm involved in the representation of the Company in this transaction.
We express no opinion as to the effect of the laws of any jurisdiction other than the laws of the State of New York, the General Corporation Law of the State of Delaware and the federal laws of the United States of America.
Legal opinion of Chase Mortgage Finance Corporation Series 2007-S6
Chase Mortgage Finance Trust Series 2007-S6 (Filer) CIK: 0001417410
@ Steve Gillian
I agree 100%, strength is in numbers. However, I can’t agree with the focus of your efforts. In know the theory that honey gets more….but there is also the knowledge that a bully only knows one thing…to be bullied back into place.
I was turned down for mods several times but was approved for a HAMP refi. Our ratios were 48/85. They charged us over ten grand in points and fees to lower our payment a couple hundred dollars a month. They knew when our savings ran out we would default. They were also given TARP money for funding this refi. This was a travesty. I would like to know how we could possibly been approved for a refinance which added money to an already underwater loan balance, but not qualified for a mod. Steve – do you honestly, in your heart,, believe that they did not know exactly what they were doing? Do you honestly believe that I could be a supporter of any government supported program with regards to the banking industry? A real mod would have made a real difference then. This is along with all the other fraud and errors in my loan docs. I saw one of your posts Steve, wherein you mention the courts don’t yet understand the whole bank fraud concept yet. I’m am sure there are lots of cases that come before courts, wherein the judge must get himself/herself up to speed. This is not an excuse to completely turn the other way and rule in favor of those blatantly breaking laws left, right and sideways as they continue their escapades. What in the world would make you think that they would suddenly be trustworthy when they have gotten away with so much. Do you think that had Bernie Madoff just quietly walked away with billions because the legal systems just didn’t understand how his ponzi scheme worked he would not have continued with another money fraud scheme? People and corporations that will steal anything from anyone do not suddently wake up one day and say..wow, I hurt a whole lot of people, I will not break the law anymore. Riiiiiiight. I’m sorry, there needs to be punishment and redress not additional ways to rip off already down and out folks. You should focus the efforts on letting the public know just how corrupt their government really is and how this effects all of them even if they are not in the midst of their own foreclosure crisis.
I’m don’t mean to be offensive in regards to your cause, I just feel it is misdirected, overtrusting and far too mamsey pamsey in regards to how truly criminal their actions have been and will continue to be.
I mostly agree with your post but I would say we need to aim our energy at the “big banks” and the corporations sponsoring the corrupt politicians and judges and not over reach and focus on government in general.
I’m sorry to disagree and wished that I could disagree but the facts lead me to believe that the government was and still is protecting the banking industry as well as the judges and politicians. We the people expect a government to uphold the constitution. This is what we expect and this is what we pay hard earned tax monies for. If I were to believe the premise that the Feds had no idea that the banking (notice I didn’t use American before banking) industry was riddled with fraud and abuse…then it seriously needs to go. It really doesn’t have the wherewithall to even run a peanut stand, much less the USA. I believe the Republican stance that the government is far too big to be efficient; the right hand has no clue what the left hand is doing in most cases. That is very frightening. On the flip side, I do not agree with the Republican stance that there needs to be less regulation. How could there possibly be less regulation then there is now??????????????????
We need to CLEAN up and CLEAN out the current system. You cannot have less regulation and this situation and the Enrons and the Madoffs…are the reasons why. For the most part neither individuals nor corporations “just do the right thing” when it comes to the almight dollar. They just don’t. That was back in the day….not now. Sad but a fact.
Your position that I should blame the banks more than the government. Lets look at that closely. If you owned and operated a big corporation and suddenly found out that the middle managers of your company had embezzled lots of your hard earned money and that of your employees through their stock in your company. Do you think that your employees would just blame your middle managers or would they hold you accountable. Would you take the same position and cry “that isn’t fair, I didn’t know”, or would you stand up and shoulder the blame also? In this analogy I use the premise that you really did not know, but you would still be accountable.
I assure you that too much has come to light and been proven to suggest that the government knew what was going on and for whatever reasons, let it continue. My example above is not entirely on point in that the government does not own the banks but it got envolved and did nothing to address, stop or correct the biggest ponzi scheme ever, which does fall under the governments jurisdictiion. No, I’m sorry, no pity or going light on the government. I actually feel they are even more at fault. Unless I hear or read factual information that changes my mind, I have lost all respect for our government.
Found this on the Fed’s website. It was too funny not to pass along. Let’s see, the CEO of MERS was on the Fed’s Consumer Advisory Council? Because when I think of protecting consumers, I think of MERS….LOL
http://www.federalreserve.gov/boarddocs/press/general/1997/19970106/
If the banks are allowed to settle for their criminal acts, maybe Madoff will petition the court to “pay off” the rest of his jail time, and he will enter into a “settlement agreement” with the state AGs to rid himself of those pesky claims of investors who were swindled.
Re: Difficulty in finding trust data via SEC’s EDGAR system —
The trust listed in our foreclosure notice (where our mortgage supposedly was placed) has EDGAR data filed up until 2008. Thereafter, the trust filed notice w/the SEC that it was eligible for an exemption from reporting under an Act of ’34 rule (Securities Act). I looked up the Act and it looks like if the offering involves no greater than 300 investors (if I recall correctly), it is exempt from reporting. So, that can make finding data difficult, for sure.
I am a compliance “geek” by trade but not an expert on securities offerings…but can manage to wade thru rules and regs on that side of biz. If memory serves me correctly (and as middle age sets in…it doesn’t always), I think these smaller offerings still have to be filed w/the various state securities regulators (where offered) and I think if the investors number over 100 (? may have changed)…so these state regulatory offices may be a helpful resource in locating smaller trust info. JUST A HUNCH….
California Foreclosure Losses in Billions, Lawmaker Wants Banks to Pay
03/17/2011 BY: JOY LEOPOLD
According to a community advocacy group in California, home value losses from foreclosed homes in California have cost a minimum of $632 billion, and could end up costing as much as $1 trillion.
The Alliance of Californians for Community Empowerment (ACCE) released a report on Thursday detailing the cost of the foreclosure crisis in California.
California is considered one of the “hardest-hit” states in the country, and according to the report, one in every five foreclosures in the United States is in California. Nearly a third of mortgages in California are underwater, and there have been 1.2 million foreclosures in the state since 2008.
The alliance says the loss in property tax revenue is nearing $4 billion, amounting to a $2,058 property tax loss per foreclosure. Not only that, the group estimates that foreclosure-related costs that get kicked back to the government amount to $17.4 billion, or more than $19,000 per foreclosure.
The advocacy group is doing what it can to stem the money that seems to be endlessly hemorrhaging from the state.
ACCE has teamed up with a California assemblyman who is proposing legislation that would force lenders to pay $20,000 for each home foreclosure they initiate in California.
Assemblyman Bob Blumenfield (D- San Fernando Valley) said the money would go to local schools, fire departments, and other community services, in an effort to make up for lost property taxes and other state expenses that arise from foreclosures.
According to the ACCE report, 53 percent of property taxes are allocated to school districts and community colleges. The other 47 percent is allocated to community services through special districts, cities, and counties.
The group said there was an estimated $627 million loss in property taxes in California during the 2009-2010 fiscal year.
This is the reason we all are losing our homes. Government fines would do nothing to help the homeowners in foreclosures. If the morons had just been that concerned about the bansksters………
Politicians are not doing anything to help the millions of homeowners that are underwater. They just keep thinking of ways to line their own coffers, It’s just Sad !
Bryan,
Follow this link
http://ampedstatus.org/network/groups/the-revolution-will-not-be-televised/
Response to John below.
Also may try file numbers in Google to try and track down actual loan but this may get you trust name
This may be an example for 7/07 –
http://www.sec.gov/Archives/edgar/data/1402955/000089322007002422/0000893220-07-002422-index.htm
http://www.sec.gov/Archives/edgar/data/1402955/000089322007002422/w37035exv4w1.htm
-> PSA Chase Home Finance replaced by CHASE MORTGAGE FINANCE CORPORATION ?
-> does not list loans appear to be in exhibits 4.# but omitted
Chase Mortgage Finance Trust Series 2007-A2 Name I started with
Other info from 8k
Chase Mortgage Finance Corporation
(Depositor)
Chase Home Finance LLC
(Sponsor)
Chase Mortgage Finance Corporation
(Registrant)
Delaware 333-141145 52-1495132
(State or Other Jurisdiction (Commission (I.R.S. Employer
Of Incorporation) File Number) Identification No.)
Does anyone have any information on “Hal Artow” ??
A robosigner on numerous documents, MERS etc. as VP
Did you mean Hal Bartow?
Vericrest Financial, Inc. 715 S. Metropolitan Ave.
Oklahoma City, OK 73108 Hal Bartow
hbartow@vericrestfinancial.com AVP 405-553-4730
Found it on this site… http://www.mbaa.org/ServicerContacts.htm
The most frightening of all of this and what the general public does not realize is the fact that there really are “NO” Laws. Laws are created or absolved by the Federal Government. That is true dictatorship when the common citizens really have no right to due process unless given permission by the government. What is a crime for an independent citizen who would be tried and prosecuted would be no crime at all if committed by those (people/corporations) of wealth. Next will be once we are charged, our right to a trial will be taken away.
A crime is a crime is a crime.
This is absolutely insane and a new press campaign should also be aimed at getting this message out to the general public. The more general public rage and anger the more pressure it puts our dictators. Perhaps it is too late and there is no hope 🙁
@ kathryn thank you you are right i feel so alone. lawyers dont even want these cases. they know we have fraud. they the big banks semm they could do what ever they want to us. this is so stress ful . how can a bank constantly fraud the same person. why are they doing htis to me. i know they want the money from hamp, they want the foreclsoure money, its so sad they are trying to double dipp i have finally cought on.
scared thought . love where i live do not want to lose my home buti will fight
don’t feel alone, you’re not. So many of us. Do the best you can but never never ever let them take your spirit. A house is a house, where you live is where you make it Home! We all need shelter and we will all fight the good fight. One way I cope is that I’m am a planner. I feel more in control when I have plan B in the works if plan A fails. I also have a deep belief in god and I never feel complete despair as I always trust that things will work out one way or another. Where one door closes, if you let it, God will open another. I’ve been through worse situations and usually come out standing on my feet! A bit wobbley, but nonetheless, standing.
I know there are no lawyers in my state that will take these cases. Who knows why, money I guess. But you are in Fl and I think there are more resources and lawyers there that can help. Keep searching, ask for strenght from above and you will get through this.
You’re definitely not alone. There are a few million of us. Unfortnately not everyone has the stomach to fight.
i’m sure you’ve heard of the National WAMU group – they are fantastic! even if you don’t have a Chase/Wamu loan. Some of the wonderful people who belong to that website group have been fighting this battle for a few years. When I joined them, I felt like I suddenly had several hundred friends who all understand what I’m going through.
Also, they have a huge Florida group.
http://www.wamuloanfraud.com
Please give them a chance if you haven’t joined them yet, although please keep in mind, they too are stressed out homeowners fighting the good fight.
It is not too late. These AGs should be publicly embarassed that they themselves are breaking the law. The media is the way to go on this one.
there are angels amongst us. thank you for your words of wisdom. actually god provided. before imoved to this part of florida 300 miles north of miami , i lived there for 30 years moving north from miami to hollywood, fl (you can see the city on the east coast near ft lauderale) we had bought anew home about 25 miles west of miami and fl has a strange tax law with new houses. the 1st year you pay for the mpty lot the 2nd yr your reassessed well we got a 7k tax bill. yes i cried and new we had to move. we sold. and moved here 300 miles north and now here i am going into foreclosure because the job market has been horrible. but on the positive side foreclosing down south where would we live some disgusting roach infested duplex?? thats all that would be affordable here in hernandp county there are new homes being rented for 800-900/month about 500 dollars less then my mortgage . there is a community not far from where i live with nice homes even where i live there are homes that price. so its not all bad its just me and my husband put our 20% down we do not want to walk away but the modification process was more than i could handle. losing paper work , putting me in foreclosure, the lieing. i am a wreck, i told my husband that is is positive because he needs to retire in 10 yrs and this house would have been to expensive. so now i just have to find a good attorney to take our case. i cant get one to call me. florida is just so corrupt our judges other then a few allow them to take our house so now we have such a decrease in property values. noone gets the relation or they but its ignored. so thank you for advice i am just not doing very well. this has consumed my life.
We also put down 20% and that is gone plus we are still underwater. Even foreclosures are not selling. They are not being truthful about how dire the real estate market really is. So many of us have lost our retirements as well as our savings. I’m still alive, healthy, maybe not always happy but fairly content even in the hard times. Keep your chin up, always try to be thinking of a back-up plan and don’t give up. I know it’s hard…believe me I know…but I look for the things to be thankful for so I am not always dwelling on the bad 🙂
Katheryn,
You’re invited
http://ampedstatus.org/network/groups/the-revolution-will-not-be-televised/
I’m there!
Welcome aboard. Feel free to pass along to other like-minded people you may know.
Everyone, there are very knowledgeable people on this site passing on their information to help others in these very difficult times. I applaud their efforts, research and analysis which can help many people. I support these efforts but I look at it a little differently with regard to what can we do. Unfortunately many people do not have the financial resources to take legal action – its a shame but that is the reality of it.
We take the approach of let’s change what can be changed to try and save our homes. Action needs to be taken quickly to help as many people as possible including yourself. These action must be achievable, they must be focused on the people that can make these changes. Hopefully all these legal challenges will have an impact at some point but there are obstacles in the way before new rulings in the courts will impact in great numbers.
18 Senators sent a letter on Mar 3rd to request changes in the modification effort. A bill (S.489) was introduced by Senator Reed from RI that is pretty good legislation. These Senators need our support and they need it now. Our SAVE OUR HOME effort is an attempt to support both of the above actions. The Senators have a plan for implementation in their hands.
We need thousands of people to let these Senators know they have support. We must convince other Senators, than the House to join this effort. We the people can make that happen if we try but it takes effort on our part. We have a plan to bring this pressure but we need the numbers to be effective.
This is not just call your Senator or Congressman campaign because your Rep may not be that important at a specific time. Your efforts will be better spent on a specific Senator who can make this happen. I invite everyone to visit and join our effort at http://aahmp.blogspot.com/2011/03/what-we-need-for-soh-to-succeed.html
Some people may think we have small goals – they feel we have to bring down Wall Street and make them pay both financially and criminally, this may be true but it is not going to happen anytime soon. Let try to change what can be changed.
Just for some people who disagree with modifications, Senate bill (S.489) includes a provision where a owner does not give up their rights if they get a modification.
You are correct. Your right to a trial will be next. You need to research “Rex84” on the net. The government already has plans to suspend the Constitution and declare martial law.
http://en.wikipedia.org/wiki/Rex_84
While this may scare you, it should be noted that it would never work here. There are some critical contingency plans that were overlooked. Military forces only operate functionally on foreign soil, where their identities (and families) are unknown to the force they are trying to suppress.
In some states you have the authority to do a “citizen’s arrest”. Each state varies on it’s requirements. I could not do that here in MA as the requirements are very strict. May be worth checking out. Remember though, you assume all the liability for a false arrest.
SEC won’t allow BofA to withhold foreclosure practices from investors…..
http://www.sec.gov/divisions/corpfin/cf-noaction/14a-8/2011/aflcioreserve031411-14a8.pdf
FBI Director’s testimony gives little hope of any forthcoming Wall Street Fraud indictments……
http://www.fbi.gov/news/testimony/oversight-of-the-federal-bureau-of-investigation
Another good blog
http://www.no2housingcrime.blogspot.com/
Aid for unemployed and other homeowner programs
http://www.keepyourhomecalifornia.org/
CUSIP (owned by the American Bankers Association) letter to the Treasury Dept…..January 2011…..Statement on Legal Entity Identification, and Data Record Keeping for Financial Contracts
https://www.cusip.com/pdf/LegalEntityIdentificationforFinancialContracts.pdf
https://www.cusip.com/pdf/SwapDataRecordKeeping_ReportingRequirements.pdf
(FYI, the CUSIP is the ID for the MBS holding a pool of loans) It looks like the Banksters want to keep this info all to themselves.
Link to Cruz v Wamu TRO in CA case http://stopforeclosurefraud.com/2011/03/16/ca-judge-grants-tro-serious-questions-respect-to-fraud-claims-cruz-v-wamu/
First paragraph alone looks like may be perfect for my case.
Thx to Eugene for heads up
MERS title defects in Florida as early as 2006
http://www.title-ed.com/FloridaTitle/
Another MERS rant….
If the security instrument you sign with MERS, already has a MERS MIN assigned to it, hasn’t the lender already assigned the loan to MERS without you consent? What is the actual purpose of the security instrument when this occurs? Also, by that point, it is an adhesion contract. The deal has been done before there is any agreement between the borrower and MERS. So then, where is the assignment from the lender to MERS?
This would seem to be an equitable defense (only against the assignment). This would also open up discovery as to how the assignment occurred prior to the contract. Also, did MERS transfer the mortgage BEFORE the deal was done? If so, was the stated lender on the note, even the true beneficial owner of the note at the time it was signed? I just noticed this while going through my docs……curious
Anyone have HomeSide Lending in Florida?
You may want to read this US Supreme Court decision.
http://www.supremecourt.gov/opinions/09pdf/08-1191.pdf
http://www.sec.gov/ This is the site to the Securities and Exchange Commission. There is a lot of good info to look at. This includes EDGAR filings, and disciplinary actions that may affect your case (such as injunctions, restraining orders, etc.). You can even contact them or file a complaint. You can read the laws that they enforce. If you read them, they are so vague that “a person” can be defined as a borrower / homeowner”.
If you have a Countrywide loan between 2004-2007, look at the Settlement Agreements that were made between the SEC and the Execs, and the bank. There is an estoppel created by some of these orders. There are other banks as well.
http://occ.gov/ This is the site for the Office of the Comptroller of the Currency. They are the overseers of the National Banks. There is a lot of good information in here as well.
http://www.sigtarp.gov/ The Special Investigator to TARP site.
http://www.fbi.gov/about-us/investigate/white_collar FBI White Collar Crime Division
http://www.fincen.gov/ Financial Crimes Enforcement Network
http://www.naag.org/current-attorneys-general.php To find your Attorney General
http://www.supremecourt.gov/ Site to the US Supreme Court
If anyone is looking for a specific organization not listed, let me know. I’ll find it for you…..Thanx
Here is how to file a writ of certioriori with the US Supreme Court. It’s only a matter of time before someone needs it….. http://www.supremecourt.gov/casehand/guideforifpcases2010.pdf
Thx for the posts; hope you’re doing well with your surgery.
Thanx for asking and the support. I have to stay in the fight. This country is going to hell in a hand-basket because of all the corruption in our government.
I would like the 50 state AGs to tell us what laws actually apply anymore. These bunch of idiots should just resign and let people with a lot more intestinal fortitude take over.
Sorry if I sound pissed, but I really am. These AGs need to be publicly disgraced. What a worthless bunch of individuals. They prosecute the average Joe for some really stupid violations of law, but when a huge criminal racket is exposed, they want to negotiate with them? Give me a break.
When the rule of law is gone, so isn’t the ability to govern it. I haven’t read in any law that fraud could be negotiated. Can any other crime that we are not aware of? To all state AGs, tuck your tail between your legs, and crawl back under your rock !!!!
To Tim Bryant :
Get Well Soon ! We are all all in your debt for your generous knowledge. We’ll all pray for the return of your good health.
Thanx
I read your views on the AG, and my AG was about as much help as a box of cut hair. He never responded for the longest time, then I was given a “mediator” who PNC didnt respond to then they referred me to a Consumer Advocate lawyer in West Virginia, that we made too much money to obtain????????????? Then they gave me an attorney from the referral list, and he would not take my case? and I have not heard from his office yet? PNC sent me an 8 page letter after the AG contacted their office, stating that everything that happened was my fault. BIG help? I filed a complaint with the OCC, they called me on Oct 8/2011 and PNC offered me a deal on Oct 9/2011
You’re invited,
http://ampedstatus.org/network/groups/the-revolution-will-not-be-televised/
There are federal laws relating to transfer of land title. 18 USC s. 1021, makes it a crime for,
Ҥ 1021. Title records
Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both.”
Here is a link to the Fraud and Falst Statements statutes under the United States Code….
http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_47.html
tim do you know anything about these hamp mods. i heard people are gettting approved so the bank gets the 1k and then we pay for 1-2 years and in the mean time fighting foreclsoure anyway. they are stealing your money in the process. i told to wells fargo that because i asked to be taken out of foreclosure before i reapply for hamp (they denied me because they “lost” my paper work” ) she sadi they can not do that they approve people for hamp and foreclose at the same time common procedure.(dual tracking) she had the audacity to tell me that if you end up losing the house they refund all the money you paid into hamp.????????????????????????? ditsy blonde i guess
now i have wells fargo calling me off the hook. i have been scammed “lost paper work” so they can deny me, put me in foreclosure. put me back in loss mitigation so i can reapply for hamp and they collect another 1k. doesnt obama know whats going on its all f raud. how are the judges taking this crap and what do i do about wells fargos calls do i submit paper work and play the game? i called 3 lawyers waiting for a call back help me
ps hope your feeling better hope it wasnt anything serious because we need you around here
Depending on who your lender is, and whether you believe in their promises plays a large part of the process. READ the entire loan modification proposal.
I still believe that you should treat a mod like any other mortgage doc. Have a lawyer look at it, and explain what it means in YOUR context.
Dual-tracking does happen. Legitimate mods also happen. You should try to negotiate the terms of the mod to prevent them from dual-tracking.
If you call you state bar association, they usually have a referral line. You could have a consultation free of charge. I would at least start there.
Sorry I haven’t responded to some people. I had surgery Tuesday, still recouping.
I will get back you ASAP
Take it easy, you deserve some rest.
Kay
Hey Tim
Hope everything is OK and you feel well soon! Please worry about yourself right now and get lots of R&R. You spend so much time helping everyone….just take the time you need to get better.
Temporary Restraining Order against a mortgage companyIn nonjudicial foreclosure states, mortgage companies do not have to bring a lawsuitagainst homeowners in order to sell the house at a county auction. If the borrowersbelieve that the foreclosure is not warranted, they will have to bring a lawsuit themselvesagainst the bank and prove that the house should not be sold. Obviously, this makesdefending the lawsuit impossible, as the owners would have to bring the fight into courtfirst and the bank would be on the defensive.But bringing a lawsuit against a lender to stop foreclosure can be a costly and confusingprocess for most homeowners. They will have to follow a number of steps just to havethe sale initially halted, and then attempt to prove that the foreclosure should not beallowed to go forward at all. This involves bringing a lawsuit, getting a temporaryrestraining order, posting a bond, getting a preliminary injunction, and finally getting apermanent injunction against the bank. The first few steps will be examined in thisarticle.This is almost certainly an area of the law in which homeowners would wish to hire anattorney to represent them or, at the very minimum, have attorneys do research to helpthem build their case. Unfortunately, though, foreclosure situations are one of the times inmost borrowers’ lives where they can least afford to hire a personal lawyer. Bringing alawsuit initially against a bank will be an in-depth process, and doing only the first fewsteps may only result in a delay of a few weeks.To begin the lawsuit against the mortgage company, homeowners must sue both thelender and the trustee. They must also request that a judge stop any foreclosureproceedings until the homeowners are able to argue why they should not be allowed to goforward at all. The first step will be to request that the court grant the owners aTemporary Restraining Order against the lender, barring it from moving ahead with theforeclosure.It may be quite simple to get a Temporary Restraining Order against a mortgagecompany, since the basis for granting one is that the party requesting it would suffer “irreparable injury” if it was not granted. Losing a home to foreclosure is usuallyaccepted as irreparable injury to homeowners, but this action usually only puts theforeclosure on hold for a period of a couple weeks, at most.However, some courts may require that homeowners post a bond for the TRO to begranted, and if the bond is prohibitively expensive, it can hurt the borrowers’ chances of getting a fair hearing in court. The bond is designed to protect the bank against economicharm if the owners do not have any legitimate reason to request that the foreclosure behalted, and they can be costly, in some instances.
Thankfully, homeowners who have suffered a financial hardship may be able to get thebond requirement waived. Having low income is one convincing argument for a waiver.But borrowers will also have to show that the lender will not suffer unreasonable harm if the foreclosure is delayed, or if it can be protected some other way (like if the ownersmake reasonable monthly payments while the lawsuit is ongoing). Also, if the validity of the mortgage is in question, a waiver may be granted. Banks suffer no harm as a result of the homeowners’ actions if the mortgage is not valid in the first place.Once homeowners are granted a TRO and have their bond requirement waived by thecourt, the next step will be getting a preliminary injunction against the bank. If this isgranted, the homeowners may have already won the war, as the rest of the legal processmay take several years. But the final step would be to obtain a permanent injunction,which would not allow the lender to pursue foreclosure against the house
To Mixson Jenkins :
Thank you for the information and I hope homeowners will benefit from it. With pressure being put on foreclosure mills, maybe those lawyers can now help homeowners fight the good fight. Foreclosure lawyers helping homeowners is the Honorable job. There’s no more Honor left in the courts.
Side-note; Even in “non-judicial” states, there has to be notice given to the court by the person seeking foreclosure. As soon as you become aware, get copies of those docs. You may need them at a later date and time.
One may even claim that NJ foreclosures are illegal under the 14th amendment. The constitution requires due process for the judicial branch to strip you of your property.
To Losing My Home In Florida :
You have the best state that has all the good foreclosure advocacy attorneys. Find one.
General note:
Lawyer I spoke w/ yesterday mentioned if my previous loan was w/ WaMu can’t seek damages due to settlement w/ FDIC. Not clear if it applies to me yet. May have also only referred to RESPA. Another thing to look out for.
To John ;
Seems like we both did the same thing before we invested more money into the whole package. The Ann Arbor Suit is just the generic printout on the Title Search Report that everyone orders. If you go to the luminaq.com and look at the Title Report Search SAMPLE, you’ll see the Ann Arbor Suit there on page 7(?). The same one we both received. In today’s , livinglies.wordpress.com there’s comment as to why the TRUST NAMES are NOT pinpointed. It would make sense if we didn’t pay for that info, but I would hesitate to keep purchasing if the TRUST on my LOAN was not more PRECISE.
I had so much faith in Neil Garfield’s packages,but I’m hoping this problem will clear up.
To HammerTime :
” Ca. Judge Grants ‘ TRO, Serious Questions Respect To Fraud Claims”, Cruz v. WaMu.
Posted today.
Thanks, Eugene. Will look into.
Would make me more comfortable going w/ lawsuit instead of bk.
Need opinions/advice please if you’d be so kind.
Loan origination 2006. California. American’s Wholesale Lender (Countrywide, but on my loan docs as American’s Wholesale Lender)- is MERS, securitized. 10yr. Interest only loan with 20% down.
Original trustee: CTC Real Estate Services, Loan is now serviced by Bank of America. Applied for mod – denied 2X in the past. After not paying mortgage for several months and sending QWR, B of A sent a trial mod offer. I haven’t claimed bankruptcy (yet).
Trial mod offer I just received (barely affordable and lowers my payments by not quite 1/3rd) outlines 3 payments of trial but doesn’t state ANYTHING about what is principal, what is interest, what is escrow. It also states that there is no guarantee even if I complete the trial mod and get approved for a mod what the eventual payments will be.
Loan is underwater by approximately $170,000.00.
I am really wary of signing this trial. Wouldn’t signing it admit my original debt?
Primary questions –
Can I / Should I counter the trial offer?
If I file a Quiet Title, what are the ramifications?
Does a Quiet Title close all back doors if BofA can’t prove they hold the title?
Any recommendations for finding a lawyer in southern California who helps with Quiet Title? I’m not confident enough to file this on my own. I don’t want to jeopardize my chance to save my home.
Please share your thoughts on this trial mod offer. I know “Dual Track” Foreclosures are still happening.
Thanks in advance.
In my experience with a 3 month forbearance agreement…the lender offering you this option, probably cannot show you the note or mortgage, thus, they cannot offer ANY loan issues whatsoever….but they will take your money and decline the mod after you made all payments, on time and accepted!!
Why? Who the hell knows, this is just what the lenders and their servicer’s are offering to get every drop of money out of us!! It’s a scam and it’s so not right but we homeowners have to fight them in our Courts around the Country in hopes that the Judge assigned to you case…”GET’S IT”…some do and some don’t…it’s a crap shoot in a crappy situation we find ourselves in!
Fight On!! but don’t sign anything!!
LOL
Elyse
Exactly! Don’t sign anything has become my internal motto!
well found this web site to late. i signed a mod with wells fargo 1/2010 after being turned down for hamp after months of applying and lost paper work and resending all to rack up 10k. they denied me and put me inthis take it or leave it mod that they newi could not afford. so i defaulted again in sept when my husband got sick. now i tied to apply for hamp again. same run around lost paper work. running up my totals. i think we are done. going to take them to court. i cant stand the constant ineptness of losing paper work it is such a scam and hte people that work for them are like hitlerss henchmen. helping these evil people. now i know way to much. they should have approved me for hamp f=befroe i ofund out he scam. didnot know people were approved and then pay 1-2 yrs and then denied and foreclsoed on. no not happening to this chick. they can have the house before they commit fraud on me the dogs. the person of contact wants me to “resend” my fed ex with a tracking # , signee. just so they can approve me now that i am in foreclsoure and get every morsel of money out of me i am truly scared fo rmy life please help
First thing you do is find a lawyer who ” Gets It .” Jeff Barnes has associates in Ca. and his law firm Gets It .” http://www.foreclosuredefensenationwide.com . Also, Paul Nyguyen(?) is winning cases for homeowners. Fees ??? Read these Posts, people will help you.
This may or may not help you. It came out today.
“Ca. Judge Grants “TRO, Servicer Questions Respect To Fraud Claims”, Cruz v. WaMu.
For quiet title, you must also prove that you were the last person with clear title. You may find some snags in this if you do not research the transactions that occurred prior to your purchase. That is why I have not done it. MERS has so screwed up the title on my home, that I cannot even claim clear title due to previous transactions.
Thanks Tim! – wow, I didn’t think of that with Quiet Title. The homeowners before me were only in the house for like 2 years (early 2000’s – probably MERS). I bet that wasn’t clear either, and they had a WAMU loan (more fun).
Hope you’re feeling better.
Thanks Eugene and everyone for your responses. Good advice!
Thanx TC,
Even disc replacement surgery in my neck isn’t going to shut me up…LOL
I’m doing fine…thanx
To Doug :
While looking for Chase Home Finance, LLc (Servicer) Loans I came across Countrywide Loan that CitiGroup( as Depositor to Trusts) has Countrywide, Well Fargo, Green Point, Litton etc… Loans within the Trusts. In the past, I have seen Countrywide Trusts that were listed as (Trusts) CWxxxxxxxxxxx.I’m no expert or novice but they may have been the Depositors to the Trust. These firtst two Trusts have a lot of Countrywide Loans. the rest are Wellas Fargo , Litton, etc……. mixed originator(?) loans.
CitiGroup Mortgage Loan Trust 2007-AHL2
” ” ” ” ” -AMC1
– 2
-6
-AMC3
-AR1
-AR5
-OPX1
-WFHE2
-WFHE4
-AHL1
-AHL3
-AMC2
– AR4
-AR7
-WFHE1
” ” ” ” ” -WFHE3
Hope this will help you.
Which kinds of institutions (banks, S and L’s, Credit unions or mortgage brokers) have been the most frequent participants in selling the loans prior to the real estate closing? Any and all answers will be greatly appreciated.
Thank you
Ameribank sold ours before closing but did not change note
If you look at this link from the SEC, it appears to have been an industry-wide practice. They mention it 4 times, but not once that there was anything wrong with it.
http://www.sec.gov/news/studies/mortgagebacked.htm
In they are looking out for our best interests????
Chase search tool
Don’t know how much help this will be – Chase site
http://www.jpmorgan.com/cm/BlobServer?blobtable=Document&blobcol=urlblob&blobkey=name&blobheader=application/pdf&blobwhere=jpmc/ir/chait_2007-A12_prospectus.pdf
Site from previous. Will see if can re-create search how I got there
http://www.jpmorgan.com/pages/jpmorgan
Has anyone who has Chase Home Finance as a service provider been able to definitively identify the trust or security where your note went? If so, what trust was it and how did you find it?
I have had no luck finding out the trust for mine. I’m tempted to bite the bullet and pay Luminaq/LivingLies for the “just give me the name of the trust” service but I’d like to exhaust all other options first.
I havent had much luck finding my “pool” but here are some of the pools I did look into on the sec.gov web site. My loan (was, is) with countrywide. Countrywide issued these CWABS, CWMBS,CWALT,CWHEQ and finally CHL.
Are there any such pools from Fannie Mae ? I tried to find my loan in the 8K filings in the pools above but couldnt. My loan number was 162972XXX
To John : I purchased the Title Report Search & Commentary from luminaq.com/ livinglies.wordpress.com and waiting to clear up a few items. I had assumed that you had purchased a report and wanted to compare notes. When I do get some info, I’ll pass it on to everyone.
To Eugene: I did buy the Luminaq title report/commentary. It said they thought my note was securitized, and I should that check that Ann Arbor Class action lawsuit against Citigroup. Exactly what you saw in your report. That was not enough for me to know for sure what trust my note went into.
So my options seem to be:
1. somehow find the trust on my own
2. pay for the full Luminaq securitization report
3. pay for the Luminaq “give me the name of the trust only” report
This may be an example for 7/07 –
http://www.sec.gov/Archives/edgar/data/1402955/000089322007002422/0000893220-07-002422-index.htm
http://www.sec.gov/Archives/edgar/data/1402955/000089322007002422/w37035exv4w1.htm
-> PSA Chase Home Finance replaced by CHASE MORTGAGE FINANCE CORPORATION ?
-> does not list loans appear to be in exhibits 4.# but omitted
Chase Mortgage Finance Trust Series 2007-A2 Name I started with
Other info from 8k
Chase Mortgage Finance Corporation
(Depositor)
Chase Home Finance LLC
(Sponsor)
Chase Mortgage Finance Corporation
(Registrant)
Delaware 333-141145 52-1495132
(State or Other Jurisdiction (Commission (I.R.S. Employer
Of Incorporation) File Number) Identification No.)
When you speak to Chase, tell them that if they do not disclose the true owner of your loan, it is constructive fraud, as it is their fiduciary and legal duty to disclose this information to the borrower under a legal contract which Chase voluntarily entered into on (date). Make sure this is all in writing. Also put them on “notice” that the owner they are representing will be held liable, along with Chase, for any “equitable relief” granted by the court, due to their “extrinsic fraud”. As such, Chase and the Holder have prevented you from knowing and asserting your rights or defenses, and have carried on, with an evil intent, a scheme to prevent you from having a fair opportunity to present, or litigate, such rights or defenses, in a court of law. Failure of Chase to respond to these legal and fiduciary issues will create a mutuality of estoppel, which will bar the holder from any claims against you, though they may seek relief against Chase, as a guarantor of some unknown contract between the two parties, to which you do not have privity to.
What this means in layman’s terms= Chase, you better tell me who holds the note, to which you assumed a fiduciary responsibility to me, which you entered into voluntarily with me on such date. Should you fail to respond, the holder cannot claim any injury against me, since I am not part of your contract with the holder. Because you are willfully hiding this from me, I cannot fairly defend myself or assert any rights which I may have had with the holder. The holder is therefore prevented from asserting a claim under any agreement, which I cannot myself assert any right or defense under. The holder is on notice that they, along with Chase, can be held legally liable for their actions which is an extrinsic fraud, under the law of equity.
To Eugene, other Chase,
Spoke w/ seems like a good lawyer today. He mentioned pattern today specifically of various inquiries w/ Chase and same QWR letter. Seems like something’s up.
If you’ve seen vampire guy interview where he foreclosed on Wells Fargo lawyer explained that is in urban legend category. It was ironic and QWR letter was effective to allow “reverse” foreclosure but Wells Fargo only had to pay a couple of thousand dollars in the end. Almost seemed like a joke w/ Fox & Friends making homeowners look ridiculous. Or just a coincidence and should give guy his due.
He explained RESPA is basically good for lawyers as lender pays for violations and lawyers get to collect fees.
Should be seen as tool in arsenal as there is no magic bullet.
On good news front he said lender can’t go back on published date of sale. Meeting on Saturday.
I have seen RICO as possibly stronger tool and unfair trading practices I believe. If you have missed payments it seems fighting on breach of contract terms is a losing battle.
To HammerTime, & other Chase :
Good for you.
Remember that you didn’t breach your contract with the Pretender/Lender. In your non-judicial state of Ca. I don’t know how it works, but I have noticed that a lot of homeowners have their attorneys file a TRO if their notice of sale isor has been posted (?).
In my case, STANDING is the main issue. Without STANDING, the Pretender/Lender cannot (but has) the right to Foreclose. In New Jersey, with 95% of the foreclosure cases have been UNCONTESTED because homeowners do not know that they have rights like DUE PROCESS and have been lead to believe by lawyers that they don’t have a chance to WIN. The other 5% CONTEST the foreclosure but are hampered by the blind,deaf and dumb judges who pretend that they don’t know the written laws. It’s an uphill battle. With only 5% of the cases, New Jersey doesn’t have a ROCKET DOCKET because the judges make sure it doesn’t get out of their control. They now who butters their bread, the banks. Their favor question is ” How many payments are you behind ?” The answer should be ” It doesn’t matter how many payments I’m behind. It’s not to these Pretender/Lenders that I owe, they don’t own the NOTE/MORTGAGE .”
The Request for Modification and Affidavit form Chase is the first personalized modification letter I have received from them and because they have the Chase & FreddieMac logos on the letterhead tells me that FreddieMac may be the investor owner of the note/mortgage. Maybe just the Note.
Exactly my thought process and possibly in my case all of the above. If people stay in the fight without signing off on their rights chances are getting better. Maxine Waters is fighting for stop to dual track, full chain disclosure and legal support for homeowners among other things. Before the Bush/Clinton years I believe there was money set aside for legal support for victims of fraud.
With CA hopefully your post on TRO shows progress as well as challenges to CA judges that are looking at only one fragment of code that favors lenders while ignoring parts calling for due process. Hopefully I can track it down.
To Eugene –
Thank you!!!! Yes, ours was 2006 (and closed here in MI).
Thanks for narrowing down the Edgar filngs for everyone…my eyes were crossing reading these reports over the weekend.
Awesome – thanks again!
To John :
Thanks to Tim Bryant and others, Finding the Trust Name is the hard part in your search. Finding your Loan Number within the Trust is Part 2.
Go to http://www.sec.gov
Under Filing & Forms Click on ” Company or Fund Name……….”
Tpye Name of Trust in Company Name box, ” Example: CtitGroup Mortgage Loan Trust 2007-2″
Click on ” Find Company ”
Look for ” K-8 ” on left side. There may be more than one K-8.
Look for the K-8 that has PSA (Pooling and Servicing Agreement) and Click on Red area to the right.
PSA has a lot of good info.
Scroll down on the Table of Contents and at the very bottom you’ll see Exhibits.
The last item is usually the Mortgage Loan Schedule ( In the Table of Contents).
So you will scroll down to the beginning of the Loan Schedule.
Within, the Loan Schedule is divided into different categories.
One will be with The Loan Nimber and Cities/Counties. (Counties may be misleading)
Another will be with the Loan Number and type of Dwelling
And so on.
You may be able to narrow it down by city or just the loan number.
If you have more than one Trust, Start from the Top.
Good Luck and I hope this helps you. If you find a shortcut, Post It. Thanks.
Eugene,
Do you have an example of loan list for Chase? I found one for Wells Fargo but am only coming across credit card trusts it seems for Chase trusts or I’m missing something.
I actually seem to find pretty good info using CIK looks like 10 digits or 9 digit xxx-xxxxxx commission file number in google search and can add date etc.
I wonder if I can’t see forest for the trees or whatever the saying is. I understand I still need to ask for note etc but holding off if I can’t get on my own. If you saw post below my case took another twist. Rec’d 2 letters one that account MAY be closed and ENCOURAGES me to ask for RESPA qualified written request and other offering another loan modification.
What has hit me is that there is a substitution of trustee of loan that is ALREADY supposed to be PAID OFF! Isn’t this different than merely being securitzed or a MERS loan etc. THEN it gets more complicated whether it is a MERS loan or not and why did MERS sign notice of sale etc.
Anyways, going forward but throw out any ideas if you got them. I spoke to legal non-profit and they said pro-bono wasn’t available to me since lawyers that do it work for banks!
To HammerTime :
To B Anderson :
To John :
Semms like all four of us have Chase Home Finance, LLC Loans/Servicers. I wasn’t able to find the Chase Loans within the eighteen Citigroup Trusts that my loan was suppose to be in, but I’ll inquire again to narrow it down or just maybe I missed something,also.
I also received a letter from Chase Home last week. They wanted to let us know that we could request a QWR. They haven’t answered the one I requsted two years ago.
Today, I received another letter from Chase asking for us to sign a Request for Modification and Affidavit if we wanted to apply for a Modification at a Homeowner Assistance Event. It’s on a Chase form with Chase and FreddieMac logos. How’s that for convienance ?
To Eugene –
Thank you for the Chase case link!! We sure appreciate your kindness.
Fight the good fight 🙂
To B Anderson :
I received a Title Search Report & Commentary from LUminaQ.com (livinglies.wordpress.com) about my loan with Chase. It seems that it’s been securitized and in a class action suit, City of Ann Arbor Employees Retirement System v. CitiGroup. There’s about eighteen Citigroup(Depositor) Trusts and I’m going to see if I’m able to locate my loan number in one of them. If I find it, I’ll still let LuminaQ.com do a Securitization Report because I think the courts will take a harder look at their report than my copy from the website. Our loan closed 10-06-2006. If your loan closed around that time, I’ll be glad to pass on the Trust Name with the Chase loans.
Eugene,
I have the same exact notation in my Luminaq title commentary for my Chase loan. Can you please tell me exactly how you go about trying to find your loan number in the trusts? I’d like to do the same. Thanks.
You’re invited
http://ampedstatus.org/network/groups/the-revolution-will-not-be-televised/
Pass it along
http://dailybail.com/home/eliot-spitzer-the-federal-reserve-is-a-ponzi-scheme-inside-t.html
I found this interesting site. It maintains a database of robosigners. You can submit documents as well. You should check it out….
http://www.whatsignature.com/
Someone was looking for info on PNC bank. I don’t know if this helps or not….
http://www.sec.gov/litigation/admin/33-8112.htm
Today in LA Times. Housing Rights Summit Andre Birotte Jr US Attorney Central District of CA, US Dept of Justice keynote speaker.
Tues 4/12 8 – 4:30 Doesn’t say where
Registration 800-477-5977 x 19
aly@housingrightscenter.org
Going to try again this week to see if there is a way to provide foreclosure database I have for potential advocacy as service or work with potential partners.
I guess your loan is with Chase Home Finance, LLC ? You can check the web for class actions in your state and also look to Legal Aid for help. There are affordable lawyers that can help you but you have to find them. You need a lawyer who ” Gets It . ” Don’t give up and keep reading all these Posts that may help you. If I can help you with any information, I’ll be glad to do so.
If anyone attends, ask the Mr. Birotte why fraud perpetrated by the banks is not being prosecuted, but mortgage fraud by homeowners is. Why is there a lack of equal rights under the law?
Tell us what he says in response…
To HammerTime :
Just received our Title Search & Commentary fromLuminaQ.com (www.livinglies.wordpress.com) and it shows that our loan with Chase, closed 10-06-2006, has been securitized and the Trust is in a class action suit. City of Ann Arbor Employees Retirement System v. CitiGroup. There are eighteen Trusts in the CitiGroup suit. If your loan closed around that time, I’ll be glad to pass on the name of the Trust that has the Chase loans.
Not sure if I answered before but my loan closed 11/07. May be good to review as I’m working with a very good researcher. We were able to put together a strong QWR and stop sale this month as I couldn’t come up w/ legal funds. Will review more on here when I get a chance. Thx!
Hello there –
I located the instrument only because it was listed in the legal description of ownership (in the foreclosure notice)…so it may not be accurate since it is data the bank listed…but there are a few dozen trusts listed in the class action. I’m still researching to dig for more info…(interestingly in the “pre-foreclosure” notice this trust data was missing). But, I’m thinking that based on Chase’s actions since our finding fraud in the mortgage docs we may be on the right track – If I can find any other interesting info – I’ll be sure to pass it on in case it is helpful to anyone.
All the best –
To B Anderson :
Just saw this on the web today. Norwood v. Chase Home Finance( Chase Bank USA, N.A. was the Pretender/Lender). Report and Recommendations of the U.S. Magistrate Judge to U.S. Senior Judge. It’s about a home in Texas who challenged Standing. It was in the homeowners favor. Judges are like politicians, they will put a spin on a case and most of the time it will be in the banks favor.Fortunely, the spin on this one was correct because of the Assignment. It’s worth a read.
Here is the link Eugene was mentioning for Norwood v Chase. The good thing about this decision is it was from US District Court (in TX). I see more and more federal judges kicking bad assignments out of court. This is a positive sign.
http://msfraud.org/LAW/Lounge/Chase-Norwood-Possession-of-note.pdf
Many non-judicial states still require the banks to file with the land court. You may find some additional info there. I have found interesting stuff there. A great tool when doing manual searches is buy an IConnect portable digital image scanner. They are about 100 bucks, but you can scan the pages by moving the “wand” over the page. No need to ask for a copy, or write all that info down by hand. It requires an SD card. It will save a vast amount of time.
Hey Tim…thanks for all your hard work and all the links. I know we all appreciate it. Please keep us posted if any information is leaked tomorrow with regards to our favorite bank….BofA. 🙂
Will do…thanx
To Catherine McManus :
As a homeowner in New Jersey, I’m glad to contribute any information that may be helpful to anyone, anywhere in foreclosure. Asking “the Litigation Dept when they call” who owns the note/mortgage or asking answers for Discvery Motions or asking for a Motion To Compel are not jokes.
A while back, someone on the web suggested to homeowners to ask ” who owms my note/mortgage.” I did ask and Chase Home Finance, LLC told me over the phone that FreddieMac owned the mortgage. So, I went to FreddieMac’c website to verify and it showed that FreddieMac was the owner of the mortgage. My original pretender/lender was JP Morgan Chase Bank, N.A., but Chase Home Finance, LLC filed the Foreclosure Complaint stating that Chase Home Finance was the owner of the mortgage/note. Two different entities claiming the same mortgage/note. By just asking, I was able to find out this information just like you found your loan number on Scrid- SEC/Investor lawsuit.
Even though the Banks are suppose to tell you who owns your note/mortgage or answer your Motions, doesn’y mean you will get it. With a full proof case, doesn’t also mean you will win your case because you and I have the same problem. THE JUDGES. Each and everyone is reluctant to open the gates to judicial justice and Due Process and close the gates on all the foreclosure criminals.
You’re right about Modifications. You’ll not only be signing your rights away, but also acknowledging that the Banks are the owners of the mortgage/note. I have never signed a modification.
By the way, this may be of interest to you, indirectly, FreddieMac pulled the loan files from Marshall Watson which means that FreddieMac owned the securitizes notes on the loans. Which means that Marshall Watson filed Foreclosure Complaints on behalf of the Pretender/Lenders( because FreddieMac was not able to foreclose on the Securitized Loans which were bifurcated ).
I only have one question for you. How were you able to find Securitized Trust with your loan number ? I know if you know the name of the Securized Trust ( in Edgar’s/Sec) you can find the Loan Schedule, if available, and the Pooling and Servicing Agreement (PSA). This information is very helpful to all homeowners.
Let’s all help each other. Thanks
Thank you for your post and others as well. I have a similar scenario at the short sale level. I was denied HAFA short sale after I wouldn’t sign arm’s length agreement. May be result I end up with but trying to keep property if at all possible. Income issue and legal affordability is issue now. Trying to decide this week what my final options are.
Potentially being squeezed by “non-profit” I’m working with as well.
Without asking, lender said I was accepted for short sale but again I cannot stay on property or “benefit” in any way. They lowered price additional $100k while dismissing around $300k deficiency. Offer ignores additional $200k in missed payments and fees.
I’m hesitant to sue pro se though I’ve uncovered various issues though not clear if I have “smoking gun”.
Lender postponed sale date and set new date for early April on trustee web site. They are threatening to sell at any time though if I don’t sign short sale offer.
Any ideas or referrals for lawyer to work on contingency or reasonable terms would be appreciated. In southern California.
Has anyone worked through a HUD counselor to get investor/beneficiary info etc?
Actually meant similar to BAnderson’s case but thx to everyone anyway!
yes ! Two years ago- after several appointments and my Certified HUD Counselor trying to deal with BOA (she even had a personal friend there) she was told my Account Number was invalid.
BOA said I would have to get permission from the “new Account Holder” to have access to the account. BOA referred us to CCC (Consumer Credit Counciling) or to file Bankruptsy to save my Homestead home of 10yrs. This took another 30 days which made me 60 days late.
Yes, just 60 days late, caused by BOA- mixing Account numbers they aquired from CountryFried
one thousand stinking lousy dollars. CCC helped with financial records to prove I was wiling and could pay as I had been all along. I was advised & set up a Trust account to deposit mortgage payments.
With help from 3 agencies-After locating the “investor account number ” and faxing notorized permission to access this new Account-I was still denied access, payments refused and advised to hire an Attorney, which I could not afford and Legal Aid advised me to file BK. I did not and found a
second Pro Bono Attorney that was aware of FRAUD 2 years ago. He is still fighting for me.
Eugene-sorry for the delay in replying to you…I have had computer problems-running out of memory because of saving so many pdf files and other docs. I had to stop printing all of them-too much wasted Ink and paper. Unfortunately I have not been backing up my files, now they are gone.You asked how I was able to find my mortgage #… Since your question I have been back to scribd two days and so far cannot locate it again. The suit was INVESTORS SUING on MISREPRESENTATION of Loan Values, very detailed of Securitized MISREPRESENTED Loan Values & Appraisals, also Performing & non-performing loans.
This “list” was attached to the court complaint as an EXHIBIT and UNREDACTED- VERY LONG LIST (no names or addresses) that I read for over an hour. I located mine reading line by line-by the year-then the $ Amount, then saw my loan #. This is my original Loan # that BOA says there is “no such account” and refused to accept my payments !! Somehow I will locate it again and post it to you. Also,Yesterday I found that some case & Doc numbers from my hand written notes-have been removed/deleted.
Never noticed this on Scribd that files have been removed ?? this maybe why I cannot find it again.
It has thousands of Mortgage Numbers that were in this particular Exhibit. That is why I did not print it
or save the file-I’m out of memory on my computer and my tiny brain. Thanks for your posts and helping others too.
Follow-up note: I should also mention that based upon the current county assessment, our mortgage is currently upside down by more than a few hundred thousand dollars.
Please refer to my post from 3/10 concerning Chase suddenly postponing a foreclosure and sticking a note in our entryway to contact them — without notice from us, they’re pushing for modification and the person on the phone suggested the investors don’t want to foreclose due to the loss they’d incur.
Specifically – kindly refer to the data provided on fraudulent paperwork — THIS MAY BE HELPFUL TO YOU – this was a no-doc loan w/Chase “interviewer” misstating our assets and income (plus in QWR response they provided a copy of an unsigned disclosure doc). Here is what I’ve learned since:
After a little Internet digging, I.found something very interesting: Our mortgage is part of a trust – a string of which have been named in a class action suit for securities act violations. Investors claim violations of prospective and registration documents – loans were be conservative, etc. — and Chase went way outside the box with riskier mortgages + confidential witnesses in the suit (underwriters, etc.) claim paperwork was fudged, etc. Well, that’s what clearly happened in our case…because in looking at the “phone interview” by Chase interviewer whose name was “xxxxxxx” (literally, all x’s on the signature line) misquoted our monthly income by thousands and thousands of dollars and our assets by more than 3 million!!! We would have never, ever, ever have provided that data nor would we have signed off on it. If they did it to us — surely they did (and other companies did it) to other people.
I’d noted in the earlier post — we think Chase was given a heads up that we are aware of their fraud and are considering legal assistance to bring this to the attention of the court and the regulators (via my fishing for legal help – I’d supplied our general info via email to a few law firms to review — 3 of those law firms then said they couldn’t take us on as they also represented Chase…then susicously within a week our foreclose was postponed without our knowing it and Chase is suddenly very interested in having us fill out paperwork for a modification).
We had called the Chase # provided in the note left — and when I told the Chase rep, “Unsure what you are looking for – other than maybe a confirm we are still here – but our foreclosure date was last week.” He said, “Uh, no – actually, it was postponed.” Hmmmm…(must’ve been done in a bit of a hurry).
So – I’m thinking that this ,may be helpful news to others —
Iif there is anything “funky” about your loan docs – and your loan was made part of an investment where the investors have filed suit, etc. – you may find yourself with a negotiating tool. In fact – we’ve considered going to the law firm handling the class action suit to let them know that we’re surely just one of several homeowners where the firm knowingly and recklessly skewed paperwork to suit their purposes.
Hope this helps – we need to stick together. These firms hurt us and they hurt investors.
Beth
To B Anderson :
Many homeowners are not aware that their loans were Securitized. If you could post how you were able to find your Securitied Trust, I’m sure they would be grateful and they would also know how to proceed in fighting theor foreclosure. Thanks.
I can help you with that. Follow this link….
http://mattweidnerlaw.com/blog/2010/05/finding-pooling-and-servicing-agreements-is-key-to-killing-your-foreclosure-case/
Decoding the GOP Argument Against Punishing Banks for Their Mortgage Crimes
By ABIGAIL FIELD Posted 12:00 PM 03/11/11 Columns, Economy, JP Morgan Chase, Bank of America, Citigroup, Wells Fargo & Co, Real Estate, Credit
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Now that the mortgage mess settlement proposal has been made public, with its very basic demands that mortgage servicers follow the law and competently service mortgages, the push-back has begun. Cheynne Hopkins and Rob Blackwell of American Banker report on the first major effort by the banks’ allies to weaken the proposal.
I use “the banks” and “mortgage servicers” interchangeably because according to a list of the ten biggest mortgage servicers compiled by Reuters last fall, the top five are: 1. Bank of America (BAC), 2. Wells Fargo (WFC), 3. JPMorgan Chase & Co (JPM), 4. Citigroup (C) and 5. GMAC/Ally Financial. Not coincidentally, those banks were Nos. 5 through 9 on the list of recipients of federal bailout money, according to Pro Publica, for a total of $160 billion of your tax dollars. It’s irrelevant that all but the $16 billion given to GMAC/Ally has been paid back. What matters is that when the big banks needed help, the taxpayers had their back.
So who are the banks’ allies? In the Senate, their leader is Richard Shelby (R-Ala.), who also lead the opposition to the creation of the Consumer Financial Protection Bureau. In the House of Representatives, the banks’ allies are the Republican leadership, including Financial Services Committee Chairman Spencer “Washington and the regulators are there to serve the banks” Bachus (R-Ala.), and Rep. Scott Garrett (R-N.J.).
Among Rep. Garrett’s largest campaign contributors recently and throughout his career have been Bank of America and the debt collector trade association ACA International. Incidentally, Garrett has taken large campaign contributions from a hedge fund — and now chairs the subcommittee overseeing hedge funds. Both Bachus and Garrett were also fierce opponents of the Consumer Financial Protection Bureau.
Campaign cash aside, why do these people oppose forcing mortgage servicers to do things like “ensure accuracy and timely updating of borrower’s account information, including posting of payments and imposition of fees” and making sure that those fees are “bona fide, reasonable in amount, and disclosed in detail to the borrower”?
I mean, can you imagine if your bank handled your checking account this way, failing to credit your deposits and charging you outrageous fees without telling you about them? You’d change banks in a heartbeat. But therein lies the rub: Borrowers aren’t the mortgage servicers’ customers, and borrowers have no way to change servicers.
Decoding Senator Shelby
Let’s start with Senator Shelby. Here’s what he has said, according to American Banker article linked above. Missing words (…) are not Shelby’s, but are rather things like “he said.” I follow each quote with a sincere effort at translation:
Quote 1. The term sheet is a “regulatory shakedown” to “advance the administration’s political agenda.”
Translation: The Obama administration wants to coerce banks, under threat of prosecution, to obey the law and deal fairly with borrowers in good faith. I think that’s bad policy. It’s akin to blackmail and is purely political.
That must be what he means since the settlement explicitly tells the banks to obey the law either explicitly or implicitly at least 11 times.
As to good faith and fair dealing, the lack of both was so extreme that beyond making many specific demands for fair dealing — e.g., no foreclosing while a modification application is pending or a trial modification is under way, no telling people to default if they want the bank’s help, no telling credit reporting agencies wrong information, and so much more — the proposal includes a blanket requirement:
“Servicer shall have a general duty of good faith and fair dealing in its communications, transactions, and course of dealing with each borrower in connection with the servicing of the borrower’s mortgage loan.”
Indeed, the lack of good faith on the banks’ part has extended beyond borrowers to communities. That’s why the proposal also would impose a duty to: “ensure that vacant, abandoned, [bank owned], and charged-off properties do not become blighted.” The proposal also tells banks they can no longer abandon properties by failing to complete foreclosures, dumping them on struggling municipalities.
Quote 2. Sen. Shelby also said: “Under the guise of helping homeowners hurt by improper foreclosures, regulators are attempting to extract a staggering payment of nearly $30 billion for unspecified conduct … Setting aside for a moment the attempt to end-run Congress, I question whether removing $30 billion in capital through a backdoor bank tax is the best way to jump-start lending. The long-term consequences of this settlement could be even more serious. It would politicize our financial system.”
Translation: Well, it speaks for itself. I’ll note though that the settlement isn’t just about improper foreclosures. Framing it that way is simply a political tactic to make it seem like the remedies are disproportionate to the problem. In fact, the settlement proposal targets a huge range of illegal and abusive practices that have been well-documented for years, practices that the servicing industry knew weren’t kosher at least since the 2003 Fairbanks settlement. As to the $30 billion, well I hope Sen. Shelby’s right about that — it’s more than I’ve otherwise heard floated.
And what might Sen. Shelby mean by “politiciz[ing] the financial system?” That such a settlement would trigger even more campaign contributions and lobbying by the banks? The settlement surely would, as the only way to overturn it would be through legislation or regulation. But how is that different from any effort by government to put the interests of consumers before the interests of the big banks?
Quote 3. Regarding the Consumer Financial Protection Bureau, Shelby said: “Just last year, I warned that the new bureau of consumer financial protection would prove to be an unaccountable and unbridled bureaucracy. I did not expect to be proven correct so quickly …The process by which it is being imposed is potentially far more concerning …The proposed settlement would fundamentally alter the regulation of our banks. Yet this would be done without congressional involvement. Instead, it would be done by executive fiat through intimidation and threats of regulatory sanctions.”
Translation: Shelby seems to be railing against the idea of a corporate compliance agreement being used by law enforcement agencies to resolve corporate law breaking. Odd, since that’s how prosecutors typically deal with law-breaking corporations.
He couches his defense of the banks as a concern over the usurpation of congressional power, but the proposal is no such thing. Congress explicitly gave the Consumer Financial Protection Bureau jurisdiction over mortgages. This settlement is about mortgage servicing, and its compliance provisions are overseen by the bureau and the states’ attorneys general. It doesn’t “fundamentally alter the regulation of our banks” in any sense.
Quote 4. “The administration and our financial regulators are clearly hoping the banks will consent to these new regulations …The precedent these strong-arm tactics could set, however, should be of concern to all citizens. If these tactics can be used successfully on financial institutions, they can be used on any business.”
Translation: I realize that the big banks aren’t sympathetic victims, so imagine Big Government coming after you, forcing you to accept rules you don’t like. Oh, please ignore the fact that before you face any risk of that, you’d have to break the law so thoroughly that you got all 50 state attorneys general, the Department of Justice, and your regulators angry enough to take action against you.
A more honest warning would have been: “Hey, any company out there that is routinely breaking the law, take heed: The government might actually come after you and try to force you to change your ways.”
Decoding the Banks’ House Allies
Reps. Bachus and Garrett, among quite a few others, have sent a letter to Treasury Secretary Timothy Geithner complaining about the deal and asking a series of questions. American Banker posted the letter. Below are some of the questions. I’ve provided my own versions of the answers Secretary Geithner might consider giving the representatives.
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Q: What specific legal authority grants federal and state regulators and agencies the power to require mortgage principal reductions when the House and Senate have voted down such proposals?
A: An agreement is just that. If the servicers don’t want to do principal reductions, they can choose to face prosecution. Law enforcement doesn’t need Congress to pre-authorize contract negotiations, particularly not plea-bargains.
Similarly, state attorneys general don’t need Congress’s permission to choose the remedies they seek for the violation of their states’ laws, absent Congress’s preempting state action. And when Congress decided not to require mortgage principal reductions, it didn’t preempt anything.
Q: What specific legal authority grants federal and state regulators and agencies the power to effectively legislate new rules and standards for the mortgage servicing industry?
A: See first answer. This deal would be an agreement between banks and regulators, not legislation. The reason its effects seem to resemble legislation is the scale of the lawbreaking. Nobody called it legislating when the Federal Trade Commission made a similar deal with a single lousy servicer in 2003. The substance and the process are the same this time — the only difference is scale. And it was the banks, not the law enforcers, who determined the scale through their lawless actions.
Q: What role did persons associated with the [Consumer Financial Protection Bureau] have in drafting the proposals in the term sheet? What specific legal authority permits an official associated with an agency that does not have regulatory or enforcement authority to participate in settlement negotiations?
A: This is silly. The Consumer Financial Protection Bureau has been given jurisdiction over mortgages, and will naturally enforce any agreement reached. The agreement is necessary because of the way the servicers have mistreated consumers, after all. The fact that the agency doesn’t go “live” until July doesn’t change the fact that the substance of the settlement will fall squarely with in the Bureau’s jurisdiction. Surely it makes sense for the agency that will enforce an agreement to participate in shaping it? In making some of these same arguments, Adam Levitin at Credit Slips notes a lot of this stuff is a “witch hunt” against Elizabeth Warren, the woman charged with setting up the agency.
Another question — which I won’t include in its entirety — makes the same political framing move that Sen. Shelby did, and defines the settlement purely in terms of foreclosure violations. It then notes that mortgage principal reductions aren’t foreclosure related, and asks: “What is the legal basis for using funds collected in an enforcement action to benefit parties who have not been harmed by the purported wrong doing?”
A: First, the wrongdoing extends far beyond foreclosures to servicing more generally. Second, the banks’ risk-shifting securitization machine fed the housing bubble to otherwise-unreachable heights, which resulted in the sharp decline in housing prices that has left so many homeowners underwater — a harm that is a direct consequence of the banks’ actions. Third, funds collected under enforcement actions are used to help people not directly harmed by the wrongdoing so often, there’s a legal term to refer to it: cy pres.
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Q: Have the officials who drafted this term sheet considered how its terms could affect the safety and soundness of the financial institutions bound by it?
A: Good question. It’s true that a settlement that left banks requiring another bailout would be counterproductive. But how can that not have been considered? Similarly, federal regulators right now are deciding whether or not to let banks pay higher dividends to their shareholders, which the banks insist they are stable enough to do. Surely the regulators will take the proposed settlement into account in making that dividend decision.
Q: Will forcing servicers to fund principal reductions for underwater loans they service affect the incentive of mortgagors to stay current on their loans?
A: YES! And in fact, that’s an argument in favor of principal reductions. After income loss, one of the biggest predictors of defaulting is being substantially underwater. Reducing people’s principal will make it more likely they will stay current on their loans. Negative equity leads to more defaults in other ways too, as the Center for Responsible Lending’s recent congressional testimony shows. Homeowners with negative equity can’t sell to escape a mortgage they can no longer afford. (As the many homeowners who have tried to get banks’ permission for short sales have discovered, foreclosure typically results instead.)
The next question asks if fixing the foreclosure process will delay the housing market’s recovery and further erode investor confidence, and if fixing foreclosures would deter private investment in the housing market.
A: Delay recovery? Yes and no. Yes, because foreclosures will be even slower to process, and until the foreclosure glut is processed, housing can’t really recover. No, because fixing foreclosures will stem the clouded title problem, which is already a major obstacle to a housing recovery. After all, how many banks are going to make loans so people can purchase properties the title insurers won’t insure? Fixing foreclosures now will at least cap the problem at damage already done.
As to fixing investor confidence, I presume the letter means investors in mortgage-backed securities. Those investors are often better served by modifications than foreclosures, so forcing the servicers to modify should increase their confidence, not reduce it. As to deterring private investment in the housing market, the clouded title issue will do that more than anything else. So again, foreclosures need to be fixed.
The last question notes that 11 million mortgages are underwater, and says they can’t all be written down. How, it asks, will banks choose?
A: The term sheet sets some parameters, but gives the banks lots of discretion. Do these members of Congress want that discretion taken away?
To sum it all up: Any time anyone objects to this settlement proposal, hand them a copy and ask them to highlight which provisions bother them most. Then have a real conversation. But don’t just take politicians at face value when they try to tell you what the settlement is, particularly not those members of Congress who see themselves as there to “serve” the banks.
See full article from DailyFinance: http://srph.it/hcu4Di
I have stumbled across something that may be nothing at all but I want to put it out there.
BofA did my refi. Nations Lending Services (affliate of BofA) did the closing and provided the lender’s title insurance. Told me I didn’t need Owner’s Coverage.
On my recorded mortgage, the “return to” Bank of America was crossed out and handwritten in was return to Worldwide Recording, 9801 Legler Rd., Lenexa, KS 66219. There was also, I assume, a new file number written on the mortgage containing both letters and numerals. The letters were WR….. This is the mortgage that is recorded and was also sent to me in regards to my initial QWR and which recordation date was 3/10/10. Then I get another set of docs, that I called directly to Nations Lending Services who overnighted what is the final and executed file copy and there is my mortgage, ink stamped and initialed as “true and final” mortgage without scratched out handwritten return to Worldwide Mortgage, with the handwritten file number. This mortgage retained the original type that said “return to BofA”. Will the real mortgage please stand up?
Being curious about who Worldwide Recording was, I started searching on the web. I can only find one link to this company which claims to be a document storage company. I asked around on some of the blogs, but no luck with anyone knowing anything about Worldwide Recording.
I am receiving documents from BofA in bits and pieces since my first and second QWR. It took them a month to start responding and it seems I get something each week now.
The interesting thing is they sent a copy of my file from closing as we had never received signed copies of anything. They were sent via FedEx and the return address is: Nations Lending Services, 9801 Legler Rd., Lenexa, KS 66219.
It would seem that Nations Lending Services is also Worldwide Recording unless they share the same building, which I doubt because why would my mortgage be returned to them. There is something very fishy going on with this Worldwide Recording. Did BofA find a new “hiding” place.
If anyone knows anything about Worldwide Recording and its connection to BofA please post. As I said, this could be nothing at all or could be something of importance…I don’t know how to find out.
I’ll see what I can find…
Neither Nations Lending, nor Worldwide Recording are fiduciaries. They cannot enter into an agreement on a mortgage. They are all part of Nations Holding Company. I have attached a link below. Is the “Lender” BofA on your paperwork? I don’t mean to scare you, but it looks like you may be on a “dual track”. That means they are offering you a mod, but will foreclose at the same time. Nations Holding offers more services for foreclosures than anything else. Does your docs have a MERS MIN number on it?
I would definitely attempt to get an attorney. Also, look up the Bert J Harris Private Property Protection Act. It is a Florida law. I don’t know if it applies in you case.
Don’t give up. Keep fighting. Don’t be timid with them either. Assert your rights in stern manner (but gain some knowledge to back this up). Don’t let them trample on you.
http://www.nationsholding.com/locations.html
Thanks for the link Tim. I see Nations Lending and Nations Signature at the 9801 Legler address, however, nothing on Worldwide Recording, yet one of the copies of my mortgage says to return to Worldwide Recording which was hand written in where BofA was scratched out. Worldwide Recording’s listed address is the same as Nations Lending and Nations Signature Closing.
Here is the link for the only thing I can find on the company http://www.wwrecording.com/ You can see it lists the same address as some of the Nations Companies?
My original mortgage was a MERS with min. id no. Prior to closing we were informed that our loan had been sold to Countrywide, then was sold to BofA When my income went down, the mortgage payments were too high so first we tried to sell our home to scale down. Luckily then, we had a good amount of savings and excellent credit. We couldn’t sell so for 2 yrs. we tried to get a mod. They yanked us around making us reapply over and over and never ending up with a mod. they gave us one excuse after another. One excuse was because we had never missed a payment. They suggested if we got behind we could reapply for a mod. stupid fact of the matter is that we qualified for their refi with a 48 % front ratio and an 86% back ratio at a higher loan amount because they charge us over $10 grand in points and fees and got government money for doing the loan on top of that. The short of it is we got ripped off as well as the taxpayers got ripped off, and, yes, I am fighting!
It sounds almost exactly my tale with Countrywide and BofA. I ended up ending my payments as of last October. Here are a few things to consider;
1. They are probably sending you a mod so you sign a waiver against any missing or defective paperwork (read it carefully). Once you sign that, they will foreclose on you.
2. If you were denied a mod because of the loan to value ratio, it is probably because Countrywide way overvalued the home in order to secure the loan. (this means it is comparative negligence). The other significance of this fact is that if the loan was not properly originated and underwritten, the sole remedy to the certificate holders or trustee is by repurchase and substitution of the loan. If this occurs beyond 90 days of the original sale, they lose their tax-exempt status. A buyback also requires 25% of the investors to sign onto the buyback. The chances of that happening are slim to none.
3. BofA probably does not own the loan at all. They MAY be a servicer for a trustee on behalf of investors. It is important to find this out. If you can get this info, you can look at the EDGAR filing for the securitization. The MERS as nominee ad infinitum security instrument nullifies the purchase under the Pooling and Servicing Agreement (PSA). These PSAs require a purchase “without recourse”. That means that the lender (and its assigns), have no further rights. It also happens to mean that the borrower is no longer liable to the Lender (and its assigns).
4. If the investor / trustee has not been recorded in the public land records as purchasing the security instrument and note, the MBS has not been perfected. MERS, by their sole officer, William Hultman, has stated that it was not meant to be a “legal system of record”. (You can find his 2010 deposition online). That is significant, because it means that the sale has not been legally recorded.
5. If you do your research, and gather these facts as they pertain to your loan, THROW IT IN THEIR FACE. Also tell them that you will be filing a complaint against them with the SEC for fraud in the offering and sale of securities (which are 2 seperate violations). Include that Countrywide and its successor BofA have an SEC injunction, in full force as of 2010, preventing them from further violating these laws as part of the Mozilo, Samon, and McLaughlin settlement agreements with the SEC.
United Nations Universal Declaration of Human Rights;
Preamble….”Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,”
Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 17. (1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
thank you tom bryant. i wish you were on the phone when wells fargo calls me telling me lies to bye time. they lost my paper work, by mircle in appeared but hey aleady put me in foreclosure , today they call wanting me to reapply for hamp??? so i can get approved pay 3 months and then foreclose on me any way so now i pay ythem and the lawyer. i told her i cant reapply until weells fargo takes me out of foreclosure. oh my g-d the woman had no ifdea wa dual tracking was. i told her i need a letter from wells fargo stating that i will not repply (i guess they get money for each application) until i am sent a letter. i am not playing against time modification or foreclosure which one fiest yes this tyranny att its greatest against women , men, children breaking up FAMILIES, this is dispicable what do we do tom bryant you are not going to be with me as i lose my house to this entity
You already know how they play the game, and they now know you have this knowledge. Stand your ground with them. If you are already in foreclosure, but they want you to reapply for a mod, it means they know they are in a bad position judicially. Tell them you will reapply for a mod, only if they dismiss the foreclosure action “with prejudice”. This will bar them from taking you back to court, if they are dual-tracking you.
If you have a MERS security instrument, tell Wells Fargo that if they proceed with the foreclosure, you will file your own action to claim title, since nearly every MERS transaction breaks the chain of title. See how they respond to that. They are all in a panic, since the deposition of William Hultman of MERS. He let the cat out of the bag.
Everyone keep their eyes peeled on the net. The group Anonymous is going to be posting some real damning info on Bank of America.
For anyone who doesn’t know about this group. They are activist hackers, “hactivists”. BofA hired companies to hack their sites, as part of the Wikileaks threat. If you read what happened afterward, it didn’t go so well for HPGary, or their owner. Anonymous has assumed an active response to this incident, which is good for us (and everyone else for that matter).
I look forward to the disclosure. I also applaud their efforts. Since the government is protecting the criminals in Wall Street, we need groups that operate “outside the lines” to attain redress. I just hope that someday they hack MERS. That would make all the dominoes tumble.
It is supposed to be occurring this Monday….
http://www.infowars.com/anonymous-to-release-docs-proving-bank-of-america-fraud/
This article states it will show, “BoA order to mix loan numbers to not match it’s Documents. to foreclose on Americans.”
If this is as damning as we think, the US Government , as well as BofA, will be facing HUGE lawsuits. This will prove racketeering , and everyone who sues BofA, can also go after the Treasury Dept, SEC, and possibly the Federal Reserve, among others (MERS). If you have lost your house to BofA, pay attention to this release. Depending on what is disclosed, look for a law firm that handles RICO lawsuits.
Please visit http://aahmp.blogspot.com for new information. The is also a new article on the AG’s
We need people
Thank you
Thank you for everyone for your helpful suggestions and personal insight – what good and kind people you are. Many blessings! Keep up the good fight!
Anyone have any info on “Angelique Jamieson”? She allegedly worked for Countrywide or ReconTust. I cannot find this person in existence at all through an online search. She is the one who submitted 2 sets of closing docs in my case. She fudged all my info, without any confirmation as to its accuracy, to originate the loan.
The closing docs (which represented to be the origination docs) were all of a sudden more accurate. The note has never been recorded, the MERS assignment was falsified, and the info in MERS is completely different than every other record. I would love to call her personally to see who owns my house.
I know the frustration. I’ve been looking for Hal Artow.
He signed a bunch of my documents as various officers of many different entities
SEEMS WE ARE OFFERING SOLUTIONS HERE THIS WEEK…..WELL…..HERE IS MINE!!
IMPEACH ALL THE SENATORS AND CONGRESS PEOPLE….WE DON’T NEED THEM….THEY ARE NOT SPEAKING FOR US, OBVIOUSLY….
SET UP PHONE BANKS OPERATED LIKE AMERICAN IDOL, DANCING WITH THE STARS…..LET WE THE PEOPLE VOTE VIA PHONE CALL, TEXTING OR ONLINE!! LET US SPEAK ON WHAT IS BEST FOR THE PEOPLE…
Ryan Seacrest mentioned last night that 30 million votes came in on Wednesday night in just 2 hours!! I had a lightbulb moment when he said that and thought that could be our “solution” as well….
Give the people their voting power and get rid of the lying bastards in Washington who are not interested in what we want!!
That’s my solution!! Now how do we put it together???
Hello?
I have a case where my client signed a note and mortgage solely with her name. She filed bankruptcy and discharged the debt for the note and mortgage. Next thing she knows, Suntrust is foreclosing and suing her corporation for the debt. She was served with Suntrust’s complaint with the mortgage and note attached. She brought them in to my office and they do not match the note and mortgage she received at closing which are in her possession; specifically, her corporation’s name has been added (in very different font) on the note, mortgage and notary certificate. I have just managed to have the default vacated and am getting ready to propound discovery. Does anyone have suggestions and/or forms for interrogatories, request for production and request for admissions? I’m also going to subpoena records from the title company and possibly depose the title agent and hopefully someone at Suntrust. Any ideas and suggestions would be greatly appreciated. Thank you.
There is also an enormous amount of information on http://livinglies.wordpress.com
you may already be aware, but hope this will give you some additional help
Good Luck Sir
That has occured in my case, My wife never signed note or security instrument The day of closing, all the closing docs were filed at the Registry, except the note (which has never been recorded), and the security instrument (which they recorded 5 days later, with my wife “handwritten” in). It was a Countrywide Loan, of course. I wrote a formal letter stating the details of events, why the recorded instrument is false. They are required (in theory) to put that in the record for the land court.
I think your first step is to find a “Qualified Document Examiner” (QDE). He can take an exemplary (first-hand) sample of her handwriting, and compare it to the docs she was served with. They can also tell whether the entry was added after the fact. They can even identify what type of printer it came of off (if its an original). Without originals, they may only be able to “exclude” the above.
Ask them to show the Certificate of Corporation provided as part of the loan. Does she have authority to enter into such a transaction without a corporate resolution?
I don’t know what state you are in: That makes a difference.
First check the mortgage recorded in the pubic records and get a CERTIFIED copy from the custodian of the records, which will probably be the clerk of the court for that county. This may be all you need.
If you believe that the company name was added between the closing and the recording in the public records it gets more complicated.
Check every assignment of mortgage. Assignments often state on the face of them who the borrower is according to the mortgage. Get CERTIFIED copies of them too.
If you don’t have enough to blow them out of the water at this point, then go for the discovery. In addition to the requests to produce, do interrogatories too. Asking who has personal knowlage of the facts or documents, and asking them to name any and all parties who may be holder of originals or copies.
Also think about careful requests for admissions. Note that in Florida a request for admission as to the truthfulness or veracity of a document cannot be combined with an admission as to the contents. 2 separate admissions.
It is quite possible that opposing counsel does not realize there are two versions of the note or mortgage. You may want to attach a copy of the true document to a request for admissions, ” The xxxxxx attached as ‘Exhibit A’ is a true copy of the xxxxx”
If they admit that fact, which they probably will without carefully comparing to the document they have, you will save a lot of time and money issuing subpoenas and taking depositions of other third parties, and then battling to get that admitted into evidence.
Your request for admission that your copy of the document is the true copy may be less obvious if served along with a number of RTP, Some Interrogatories and a few other requests for admissions.
I don’t know how the rules work where you are, but in FL it becomes difficult for a party to withdraw an admission at a later date. These become established facts in the case. Note that only affirmative admissions can be used not denials.
In FL a falure to admit on a request for an admission can then be used to recover all discovery costs in proving that admission. So if they deny that your copy of the document is the true copy then any effort and expense you expend in proving up your copy as the true copy is recoverable. This makes the request for admission a powerful weapon which ever way they answer it.
Obliviously an admission is better for it allows you to directly move on to a motion for dismissal of their pleadings w/P and an award of sanctions. (This is assuming you are in a judicial state and they are the Plaintiff)
My advice should NOT be construed as any sort of competent legal counsel and is intended only as a suggestion to the poster in question, who appears to be a licensed professional. My name is James M on the ForeclosureHamlet and here too. You can contact me on the Hamlet if you want to follow up or share document samples.
Realize I mis-spoke – got it wrong. I said ‘In Florida a request for admission as to the truthfulness or veracity of a document cannot be combined with an admission as to the contents. 2 separate admissions. ”
WRONG it is the admission that the document is the copy of the genuine document that should be separate form an admission as to veracity of contents of document. You need the former but in your case probably not the latter.
OK…Here’s a bazaar twist. About 10 days before our foreclosure was scheduled, I contacted several attorneys w/details concerning how our Chase mortgage docs were fraudulent. In response to our QWR, Chase had returned a copy of an unsigned disclosure statement and get this: An income/asset statement that I did not sign (is not my signature) — the data was “gathered” by phone by a Chase employee named “xxxxxx” (yep, all X’s). It said I had over $3 million in assets – which I do not and I NEVER would’ve said I did. Well, 3 of the 6 law firms indicated they couldn’t help because they worked w/Chase. OK…so, with this in mind – our foreclosure date came and went here in Michigan. We assumed the home was sold at auction.
Suddenly, there’s an envelope in our entryway – more than 2 weeks after the scheduled foreclosure sale. It’s from Chase – asking that I contact them. We figured they wanted to make sure we were still in the house.
Guess what? We were told that the foreclosure had been postponed – we were never notified – so imagine the surprise.
Purpose of the contact? They wanted us to apply for a modification. The person on the phone said the Chase “investors” didn’t feel they wanted to sell the property at auction – that they’d not get adequate dollars Yeah, well, probably because a home similar to ours hasn’t sold in this area in at least a year. Hmmm, I’m wondering if one of the law firms I’d contacted tipped off Chase to let them know that I was interested in possible litigation in connection with the original mortgage docs.
I’ve searched the Internet and asked around – I can’t find anyone who has had Chase seek out a modification twice (pre-foreclosure) and then postpone the sale – only to seek us out to try to get us to fill out a modification package.
Anyone else experience a postponed foreclosure w/subsequent bank contact that you did not initiate? I’m really wondering if its because they’ve researched the file and know they’ve got a problem w/the docs. Thanks!
That is because they are trying to get you to waive your rights in regards to the defective documents. Read the mod really well. You will find that clause. BofA tried that on me. I told them where they could shove the mod proposal.
If you sign that mod and waive your rights, you WILL be foreclosed on shortly thereafter.
To B Anderson :
After two years, Chase has sent us a letter stating that we may submit a QWR. That’s two years after we sent the first one and at that time they said it was too early for them to answer. We’re appealling to the New Jersey appellate court and all the courts are waiting for the 50-State Attorney Generals Settlement to gel or for a do-over if it doesn’t gel. Don’t give up.
To B Anderson :
When they (Litigation Dept.) calls you, just ask them ” who owns the mortgage/note ?”. They will tell you.
@ Eugene ” when a Litigation Dept calls you” ha ha you must be joking……
Anyone that signs any agreement to MOD is being suckered again.
Sign a MOD is signing away your rights.
As for asking them “who owns the Mortgage/Note” they would not tell you even if they know who holds the Mort./Note. I tried to pay my mortgage-they would not accept payment saying there was
NO SUCH ACCOUNT NUMBER.
My Attorney filed a Discovery Motion-they answered with NON-ANSWERS.
They also used a term “Trade Secret” and refused to respond on that basis.
Attorney filed a Motion to Compel on the TRADE SECRET, then filed MOTION TO COMPEL INCAMERA-for Judges review of all Docs.
My loan was CW/BOA/MERS/MARSHALL WATSON.
Finally I found my original loan number on Scribd -SEC/Investor lawsuit- pages and pages of Security Instruments/ Bundle Numbers on a SEC document but still do not know who the true owner is ??
Catherine, I am interested. On what grounds did they claim “Trade Secrets”? That is a new one. Your local Registry of Deeds may be interested in that claim. If beneficial ownership is protected by Trade Secret provisions, the property can never be recorded !! Those provisions also bar the disclosure to ANY future purchaser. It also bars the debt obligation on your part, because it necessarily implies that there is no “privity” of contract between yourself and the entity claiming this privilege. You may be looking a gift horse in the mouth.
Go onto the MERS website. Where it says “MERS for Homeowners”, there is a “Fair Debt Collection Practices Act” request submission. Submit a request demanding what part of the Security Instrument is claimed under the Trade Secrets Act. Do not tell them why you are submitting the request. This is because MERS is not a real company. It exists only on paper. There are no employees. One of 3 things will happen;
1) They will not respond at all, which will create a defense in equity for you.
2) They will say nothing is privileged, to which you would now have evidence that there is no Trade Secret.
3) They will come up with some outlandish claim, which will provide an equitable estoppel for not only you, but everyone else who has a MERS security instrument.
Keep us informed…..very interesting
HR830 is a joke…
These Republican idiot’s making false statements that the FHA modification program has only helped 45 homeowners!!!!
Are they kidding?
Loan Modifications CANNOT happen because the banks DON’T OWN THE LOAN TO MODIFY THEM!!!
To listen to these bastards in Congress say the foreclosures are “OUR” fault is just beyond my patient’s!!
I feel like the famous line in Butch Cassidy and the Sundance Kid….”WHO ARE THESE GUYS?”
If the people don’t wake up…we will be the homeless society living in FEMA trailers before you know it!
Spencer Bacchus is a dirtbag. But then again, he receives millions of dollars from the Financial sector.
we need solutions, we understand what you are saying we need solutions, we can individually fix what is going on
http://armorypress.org/Reports.html
solutions is what we need please find solutions
The only solution is to sue the lenders!!!
I am in my lawsuit for one year now and paying my mortgage to the Attorney’s for Wells Fargo Home Mortgage!! Wells Fargo has nothing to do with my loan…however, the Judge told me at the very beginning to pay until there is a decision….
What I am seeing when I am in the Courtroom are people loosing their battle because they haven’t paid anything in years!!
If possible, and I know many do not have that option, pay the Court or put your mortgage into an account in case this happens to you!!
Filing a lawsuit and going through all the motions and pleadings is a process but it’s a process I hope to remain in until a trial…or a decision…or something to happen!!
Another solution is to STOP VOTING FOR THE REPUBLICAN’S….Please! These guys are a nightmare and they represent the Wall Street Banksters!!
Get our heads out of the sand and LOOK what is happening because of their agenda to eliminate the middle class ……
If it takes a Revolution, then I’m in!!
These bastards must be stopped!!
There is solution and it has been presented in Oct 2010 to Treasury and everyone else that matters. We have to take the sole underwriting authority out of the hands of the servicer when possible.
Please read
http://nationalmortgageprofessional.com/news24041/congress-destroying-all-hope-hamp follow link to HAMP Fatal Flaw
I have been thinking of another solution. We ALL no the government will do nothing to help homeowners. They will help out investors though. If you can find out what securitization you loan was in, try sending the investor a copy of all your issues. Chances are that they have no idea what is going on. Tell them you will assist them if they should file a complaint with the SEC. It would probably put both parties in a better situation. The servicer and trustee can’t do their BS if you are in direct contact with the investor(s).
I am trying this tactic myself. Since Countrywide was sued numerous times regarding the pool my loan was in, it’s fairly easy to find a place to start.
DIVIDE AND CONQUER !!!!
that is the problem we cant afford the mortgage. i was underemployed and have no cash reserves , i do not have money just sitting around. the mortgage was to high is why we asked for help. the bp spill caused a lower percentage of visitors to the tamps bay area which lowered hospital cenus. we are not unionized in florida so we were canceled. a nurse i used to work is going through the same thing. we cant afford the mortgage to high. i had to leave the job where i was under employed and the job i have now is 9 dollars less and hour. i should in all purposes be able to sell my home. we put hte 20% down we were suppose to. i do not hinkit is right of any servicer to make any of us folks foreclose or short sale we have an investment in these homes. we did what we were suppose to, we did not ask t obe part of a ponzi scam to inflate properties values. now servicers and the trusts need to do what they are suppose to and help the home owners. we did not ask for no wage increases, higher medical insurance, higher food prices, higher gas prices, higher closthes prices even a movie is unafordable to the middle calss right now. this is fraud purpatrated upon us and we need this fixed. these are our homes.
I am for the revolution myself. If we have to resort to that to protect our homes, so be it. The government is causing it. They are only doing investigations if a Lender or Investor loses money. If a borrower does, screw them.
I would love Wikileaks or Anonymous to hack MERS. I bet they would cause the collapse of Wall Street, which I now believe would be a good thing for our country….Just my opinion.
Did you discuss or file your documented losses with BP ?
If so did BP offer help or reimburse you for lost wages ?
Turn on C-Span right now. Barney Frank is actually standing up to keep the funding of foreclosure programs. He is for once making a rationale compelling argument.
We are all over it…
Thanks Tim!
Barney Franks announced he is filing a “new bill” this coming week. March 14-18
Can’t wait to see what this bill says…..
I will be glued to CSPAN and watch this live presentation and debate.
Congress, Banks, Wall Street Traders- BEWARE THE IDES OF MARCH !
As I have stated before, everyone needs to take action to effect change instead of waiting for it to happen. Whining serves no useful purpose to anyone. If there is a particular person or agency you want to address, do it. Before you do, think about what the motivations are of the person you are seeking action from. You need to put your complaint in a light where to not act would be detrimental to THEIR interests, not yours. Everyone here will tell you, that except for Elijah Cummings, nobody is motivated by YOUR plight. It is unfortunate, but true. We can all piss, moan, complain, and cry that the law is being broken. Frankly, the government, the banks, and the regulators don’t care. It doesn’t effect THEIR interest at all. Neither does complaining on this website or any other, WITHOUT TAKING ACTION. You need to empower yourself. We can aid you with that here, but nobody can do it for you !!!
Now get out there and start kicking some ass!!! You are stronger than you think. Stop being defensive, and go on the offense. Nearly every mortgage is legally defective because of MERS. Do some research, see what you are dealing with, and fight. Chances are, if your argument is properly structured, that the bank will back down.
Catherine, Barney Frank can put any bill he wants but the Republicans control the House therefore it would never get out of committee.
Tim, if you have visited our blog for S.O.H. effort you know I am a proponent of HAMP and modifications. I have been reading yours and other posts with regard to signing a mod which you argue signs away your rights.
Walk me through something – the argument is the MERS issue, note following deed, right to foreclosure, etc…
Lets say this legal position is correct – here are my questions;
Will a local judge #1 understand the argument, #2 will he rule in the homeowners favors?
How long would the process take.
Does the courts have the capacity to hear millions of cases?
What happens during the process – do people pay their mortgage?
If the judge does rule in favor how does that help the homeowner? Excuse my ignorance but does that mean the homeowner does not owe anyone any money for their mortgage and the property is legally theirs?
If in fact this is the case – according to your info on the MERS people they are saying that 50% of all mortgages fall under this category – that is 27.5 million mortgages. If we take just for argument sake the average mortgage being $200k that is – I think $55 trillion. Is your position that those would be the loses to the banking/investment/insurance community? Does anyone think the government or the court even would ever let that happen?
Please explain to me what I am missing in the overall picture.
Steve, I am not against mods. I am against mods that contains clauses that require indemnity against lost or defective documentation in order to get the mod.
The answer to your question about MERS and judges is YES, they will and do understand. See “In Re Agard”….
“The Court recognizes that an adverse ruling regarding MERS’s authority to assign mortgages or act on behalf of its member/lenders could have a significant impact on MERS and upon the lenders which do business with MERS throughout the United States. However, the Court must resolve the instant matter by applying the laws as they exist today. It is up to the legislative branch, if it chooses, to amend the current statutes to confer upon MERS the requisite authority to assign mortgages under its current business practices. MERS and its partners made the decision to create and operate under a business model that was designed in large part to avoid the requirements of the traditional mortgage recording process. This Court does not accept theargument that because MERS may be involved with 50% of all residential mortgages in thecountry, that is reason enough for this Court to turn a blind eye to the fact that this process doesnot comply with the law.”
Judges were initially dumb to what MERS truly is. I do not believe that is any longer the case. I believe that the Judicial branch of the government is the only avenue of redress available to homeowners. And yes, I believe the judges will allow it to happen, no matter what it entails. Do you think they want to keep that contagion within their courts ad infinitum? Doubtful.
The scenario I see occurring is the chips will fall as they may, and the government will put the largest banks in receivership (which is what they should have done instead of TARP). Mortgage backed securities will no longer be legal, and the public land records will be corrected.
Here in MA, MERS has lost the support of the judges and the Registrars of Deeds. In fact, one is demanding $22 million from MERS in back fees. Our AG is worthless in this regard, so she is the weak link.
Don’t get me wrong, I have NO faith in the Executive or Legislative branches of the government. I also believe that if they do any oppressive acts to obstruct the proper decisions of law, that this would render redress impossible. It is also my firm belief, based on the statements of our founding fathers, that it is every citizens right and obligation to fight against oppression and tyranny by any means necessary to maintain the democracy.
BofA settles class-action with investors…. http://www.reuters.com/article/2011/02/24/us-bankofamerica-walnutplace-lawsuit-idUSTRE71N0FZ20110224
Question? If the investors are the note-holders for the debt obligation, how can they receive an award for monetary losses on the debt obligation, without the debt obligation being completed through “accord and satisfaction”? Those of us who had loans in these securities need to get a class-action to get our mortgages discharged.
why aren’t we pursuing something?? If BofA is admitting or new the odds were against them in prevailing so they settled, why does the same wrong doings not apply to the defrauded homeowners? Inotherwords, my understanding of some of the charges made by the investors included misrepresentation, inducement by fraud, etc., the same things done to individuals. Why are the individuals losing in the courts more than prevailing. I’m trying to understand all of this and I also need to know as I am taking them on myself.
I also read the SEC settlement with the Execs of Countrywide. The penalties (over $70M total) will be returned to “harmed investors”. The settlement was based on fraudulent MBS offerings and sales.
“This settlement will provide affected shareholders significant financial relief, and reinforces the message that corporate officers have a personal responsibility to provide investors with an accurate and complete picture of known risks and uncertainties facing a company.”
http://www.sec.gov/news/press/2010/2010-197.htm
The shareholders are the Note Holders of our debt obligations. The SEC also issued a permanent injunction to prevent further violations by with anyone involved with these transactions.
The rewards were given under “disgorgement”. This is forfeiture of money received through ill-gotten gain. This settlement agreement gives rise to “Accord and Satisfaction”, between buyer (or guarantor) and seller. This decision must be viewed in that light. If not so, then all the proper parties were not involved in the matter (meaning us), since it was not criminal, but civil. CW, and it’s successor cannot legally receive monies from borrowers that are in direct violation of these securities laws. I am contacting the SEC to amend the settlement for the Release of all the Mortgages and Deeds, whose payments would be in direct violation of the settlements provisions. The holders of the collateral are deserving of disgorgement payments as well, based on these transactions.
Fraudulent loan origination practices were the main focus of this investigation. Countrywide was a “related party” in this matter. It specifically accused borrowers of lying on their applications. (as a side note: I have both copies of the loan origination docs CW used. The one I signed at the closing, and the one dated a week earlier with totally different info, used to originate the loan. This was mailed “accidentally” by the settlement agent, instead of the ones used at the closing. Of course, we never saw any of them, but we must have lied, right?) The agreement enjoins all CWs agents, employees, etc. from participating in further violations.
I am researching, and creating an Excel spreadsheet with investors who have sued and prevailed against BofA and Countrywide. It will include amounts recouped by investors on a debt obligation. It is my belief that these funds should be applied to the debt obligation as well as to the investors. Once complete, we can look at finding a class-action law firm.
In the meantime, if you find any cases like this, please forward the link to me at tbryant80@comcast.net…………….thanx
I am not a FL resident, but it may be of interest for those residents to review the BERT J HARRIS PRIVATE PROPERTY PROTECTION ACT OF 1995.
Interesting legal questions arise;
1. If you default based on reliances of HAMP, does this qualify?
2. Fannie Mae requires recording in MERS. If MERS negligently, or fraudulently causes you to be foreclosed on, does this qualify?
3. MERS is a known nuisance. If the FL AG fails to abate that nuisance, does this qualify?
5. Does a homeowner, who lost their home due to the actions of David Stern, decided by the judiciary, have a claim?
5. Is a mortgage-backed securitization, regulated by the SEC, a “government action”?
These would be interesting legal issues to ponder.
From their own mouths….1) MERS never holds a note, and 2) Investors are active participants in MERS making transactions (why are they tax-exempt?)
“Q. Does the MERS® eRegistry store eNotes?
A. No. Organizations that are in the business of providing
eVaulting services store eNotes on behalf of the investor.”
“Q. If I want to originate eNotes, what do I need to do?
A. There are two scenarios for originators of eNotes to interact
with the MERS® eRegistry, one is direct, and the other is
through a trading partner.
In the first scenario, you close loans on eNotes that contain
the MERS® eRegistry language and a Mortgage Identification
Number (MIN), and register them on the MERS® eRegistry.
This requires you to have
• connectivity with us (a VPN or Frame Relay connection)
• the ability to create the XML transactions required by the
MERS® eRegistry
• the ability to sign those transactions with a digital certificate
provided to you from a SISAC-accredited issuer
In the second scenario, you close loans on eNotes that contain
the MERS® eRegistry language and a MIN, and immediately sell
them to an investor who will do the registrations for you. This
is called a Broker/Delegatee relationship. MERS will set up your
profile (as the Broker) on the MERS® eRegistry so that it allows
another party (your Delegatee) to name you as the initial
Controller (holder) and then do a transfer of control to itself.”
Source: “The MERS eRegistry 2008”, MERS, Inc
If you don’t think that Justice is a purchased commodity in the United States, check these staggering numbers. This is only PAC contributions….
Finance, Insurance & Real Estate
PAC Contributions to Federal Candidates
Election cycle: 2010
Total Amount: $62,335,865
Total to Democrats: $29,317,048 (47%)
Total to Republicans: $32,752,617 (53%)
Number of PACs making contributions: 458
Accountants: $6,263,257
43% to Dems / 57% to Repubs
Commercial Banks: $8,914,909
39% to Dems / 61% to Repubs
Credit Unions: $2,786,118
57% to Dems / 43% to Repubs
Finance/Credit Companies: $3,503,095
45% to Dems / 55% to Repubs
Insurance: $21,018,320
47% to Dems / 53% to Repubs
Misc Finance: $2,045,629
40% to Dems / 59% to Repubs
Real Estate: $8,912,366
51% to Dems / 49% to Repubs
Savings & Loans: $59,340
76% to Dems / 24% to Repubs
Securities & Investment: $8,832,831
54% to Dems / 46% to Repubs
Based on data released by the FEC on February 28, 2011.
Feel free to distribute or cite this material, but please credit the Center for Responsive Politics. For permission to reprint for commercial uses, such as textbooks, contact the Center.
America is currently repeating it’s past mistakes. I shall provide you a link to a little history lesson. This incident led to the formation of the Constitution.
Ironically, the destruction of the rights under the Constitution, is leading back to another inevitable incident just like it.
Guess I should have put the link up, huh? http://www.shaysrebellion.stcc.edu/
sound like we need to repeat history ourselves
“And what have we to oppose them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable, but it has all been in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not already been exhausted? Let us not, I beseech you, sir, deceive ourselves. ”
“…There is no longer any room for hope. If we wish to be free, if we mean to preserve inviolate those inestimable privileges for which we have been so long contending, if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained, we must fight! I repeat it, Sir, we must fight! An appeal to arms and to the God of hosts is all that is left us!”
Patrick Henry, Speech to the 2nd Virginia Convention, March 23, 1775
(The infamous “Give me liberty, or give me death” speech)
My house is in Delaware. My mortgage was a MERS before MERS and one of its robo-signers filed a satisfaction of lein after my refi. There were several transactions in which there was no public recordation fees paid to the county in which I live. MERS incorporated in Delaware. Would it be safe to assume that your company must be in good standing within the state of its incorporation? I don’t know exactly where I am going with this, as there is no official stance that MERS has done anything illegal. I am wondering what I could challenge to our fine Delware representatives and our AG, Beau Biden with regards to avoidance of revenue payments to the very state of which it is incorporated.
If your state law requires public recordation, and it has not been recorded, the electronic assignment by MERS is void under The E-Sign Act. The E-Sign Act is the tool MERS uses to show they have standing. If you read the Act carefully, it actually shows they DO NOT have standing. An electronic transaction is only legal if the specific requirements of the Act are met. The fees are irrelevant, its the recording which is important. It is specifically stated in Section 104(a). “(a) FILING AND ACCESS REQUIREMENTS.—Subject to subsection (c)(2), nothing in this title limits or supersedes any requirement by a Federal regulatory agency, self-regulatory organization, or State regulatory agency that records be filed with such agency or organization in accordance with specified standards or formats.” If MERS tries to argue around that, also mention that they have not met the requirements of Sec. 101(c) which states, “(C) the consumer—
(i) prior to consenting, is provided with a statement of the hardware and software requirements for access
to and retention of the electronic records; and
(ii) consents electronically, or confirms his or her consent electronically, in a manner that reasonably
demonstrates that the consumer can access information in the electronic form that will be used to provide
the information that is the subject of the consent”
EVERYBODY,EVERYBODY,EVERYBODY must read Title II of the act !!! MERS cannot be the assignee ad infinitum. Only the person asserting control can add or change an assignee. When a transferable record is transferred, MERS is no longer an assignee of the new controlling entity. Also, if requested, the person seeking to enforce the instrument, must show proof of control (i.e. proof as holder, or an assignment from the holder). Further, there is nothing in the Act that allows any entity to circumvent the recording requirements of your state.
Before you go to court, put pressure on your local Registry of Deeds to maintain the legal “public” land records which they are charged with doing. Tell them you demand to see each transfer. You may have to do an FOIA request. Then, send a letter via certified mail, return receipt requested, stating a claim of “estoppel in pais.” You may have to pay recording fees. Specifically state your basis on the grounds of acts and omissions committed by MERS, in violation of your states land records statutes, and your contract with MERS as the recorder of all such transfers of interest.
EVERYONE FACING FORECLOSURE !!!! WE ARE BEING ROBBED!! A VERY SMART MAN, ALVIE, HAS FOUND HOW WE ALL HAVE BEEN VICTIMIZED BY THE MORTGAGE COMMUNITY.
Please, go to SCRIBD.COM and read ALVIE EXPLAINS IT.. I have been doing so much research, thanks to my deceptive, pathological, narcissistic jerk of an ex husband, and have discovered so many laws are being broken daily. The problem is —- it is almost ALL of American banks, mortgage lenders, etc., wanting a cut. They all know what they are doing is wrong. Look in your local county records and see how many people are facing foreclosure. Is 300 in 1 county acceptable? What happened to Obama’s to making homes affordable, what happened to modification? That process alone, takes literally months and months. I have watched my mother try to get her modification, which she started 8 months ago. America – learn this word BIFURCATED … Fight for your home. These so called “trustees” are lawyers in the same firm. Do any of these names sound familiar: “Stephen C Porter, Stephen Porter, John Latham, Toby Latham,” … in Texas, the law firm ” Barrett Daffin Frappier Turner & Engel in Addison Texas.. The so called “trustees”, usually NOMINATED BY MERS, have no authority to sell your home at the door step of your county courthouse. Mr. Alvie Campbell has discovered how we (most of America) are getting screwed by the banking system. Google “Theft by Deception” and see if that looks familiar to you… Don’t give up. Also, MAKE THEM SHOW YOU THE ORIGINAL BLUE INK SIGNED CONTRACT YOU SIGNED WHEN YOU FIRST PURCHASED YOUR HOME. Not a copy, not an electronic copy, but THE ORIGINAL. Chances are high they can’t find it.. So, if they can’t find it, who do you really owe? Check out your county public records, do a search on yourself (The Grantee or Grantor) and see how many times things have been filed behind your back. If your note was sold to another investor, don’t they HAVE to tell you, so you know who to pay? WHO OWNS YOUR NOTE???? The Deed and the Note are different. I did not know any of this until I had to fight my ex-jerk and learned soooo much.. Really, do your homework.. it’s YOUR HOME! SHOW ME THE NOTE!!!! prayers to you all, in the similar situation I am in.
It is all really great information and thank you for sharing. The only problem is that there is no support; not in the courts and not by our politicians, so how do you fight. I do not even have access to an attorney in my whole state. They don’t like what the banks did, but they hold the homeowners more accountable. The way I see it, until the courts start up-holding the law and slapping down the banks on a consistent basis, nothing will happen.
I say the same thing on line “theft by deception” I caught them in the act and have a civil complaint filed as we speak. Stephen C. Porter is a lawyer for this firm. I now have the deed of trust they forged in the 366 district court in Collin county. I filed a Motion for Judicial Review of document or instrument. Which only cost $15.00 to file. If you find your Deed of Trust was signed by Stephen C Porter or any other robo signer. Cut and paste this and file it in you district court.
MISC. DOCKET NO. __________ In Re: A Purported In the _____ Judicial District Lien or Claim Against In and For Collin County, Texas
Notice of Correction Re: Motion for Judicial Review of Documentation or Instrument
Purporting to Create a Lien or Claim
Now Comes Philip West and Michelle West and files this motion requesting a judicial determination of the status of documentation or an instrument purporting to create an interest in real or personal property or a lien or claim on real or personal property or an interest in real or personal property filed in the office of the Clerk of Collin County, Texas, and in support of the motion would show the court as follows:
I.
Philip West movant herein, is the purported obligor or debtor or person who owns the real or personal property or the interest in real or personal property described in the documentation or instrument.
II.
On 02/15/2011in the exercise of the county clerk’s official duties as County Clerk of Collin County, Texas, the county clerk received and filed and recorded the documentation or instrument attached hereto and containing 2 pages filed 4 different times. Said documentation or instrument purports to have created a lien on real or personal property or an interest in real or personal property against one
III.
Movant alleges that the documentation or instrument attached hereto is fraudulent, as defined by Section 51.901(c)(2), Government Code, and that the documentation or instrument should therefore not be accorded lien status.
IV.
Movant attests that assertions herein are true and correct.
V.
Movant does not request the court to make a finding as to any underlying claim of the parties involved and acknowledges that this motion does not seek to invalidate a legitimate lien. Movant further acknowledges that movant may be subject to sanctions, as provided by Chapter 10, Civil Practice and Remedies Code, if this
motion is determined to be frivolous.
VI. Movant would like the court to review the Instrument, Nominee-Mortgage Electronic Registration Systems, inc. (MERS). Which is not a ” Real Party in Interest”
.
VII.
Movant would like for this court to review the signature of Stephen C. Porter, Assistant Secretary (MERS). But in reality is a lawyer for Barrett, Daffin, Frappier, Turner and Engel, LLP, collection company, and that movant has a Civil Complaint filed against such collection company Case: 01-JC-11-00015.
PRAYER
Movant requests the court to review the attached documentation or instrument and enter an order determining whether it should be accorded lien status, together with such other orders as the court deems appropriate.
Respectfully submitted,
_________________________
(b) The completed form for ordinary certificate of acknowledgment, of the same type described by Section 121.007, Civil Practice and Remedies Code, must be as follows:
THE STATE OF TEXAS
AFFIDAVIT
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, personally appeared_____________, who, being by me duly sworn, deposed as follows: “My name is _________________. I am over 21 years of age, of sound mind, with personal knowledge of the following facts, and fully competent to testify. I further attest that the assertions contained in the accompanying motion are true and correct.” Further affiant sayeth not.
_____________________________
SUBSCRIBED and SWORN TO before
me, this _______ day of _____,
______.
_____________________________
NOTARY PUBLIC, State of Texas
Notary’s printed name:
_____________________________
My commission expires:
It seems that those of you in Florida are having a particular problem with the court system. MERS uses an electronic assignment in blank to an entity, which you do not have access to. This is a violation of the E-Sign Act. You can read more about this here http://www.ftc.gov/os/2001/06/esign7.htm.
Since MERS claim as nominee is strictly for electronic recording, there are disclosures which they must meet as part of your agreement with them. There are anti-fraud provisions of this act. Please read this, and make your attorney aware of the act. They should challenge the records as not legal documents under the act, as they do not meet its requirements, as mandated by Congress.
Thank you for your submission to the Congressional Oversight Panel. Included below is a copy of your submission.
About You
Mr. Tim Bryant
80 Bradford Drive
Feeding Hills, MA 01030
tbryant80@comcast.net
4137891368
Your Question or Story
Question
What is the government planning on doing to resolve tax issues created by MERS? Many of our loans, such as mine, were sold and securitized before they were ever signed. In my case, the property has been encumbered by at least two prior MERS transactions which were fraudulent. By operation of law, they are void, and create a tenancy-at-will. I have been paying taxes on a property I have never legally owned any interest in. I have retained an attorney, and shall be applying to get those taxes back, since I was not the party legally responsible to pay them. Since many of the responsible parties are trustees and REMICs, they are tax-exempt. The US government is looking at possibly billions of dollars in lost tax revenues. MERS has had their hands in so many securitized mortgages, that this could bankrupt many states, and possibly the government. The SEC has known about this practice since at least January of 2003.
Tim
I assume the reply that you posted is just the acknowledgement they received your letter. Do you expect to receive a written response ?
Your postings are very well structured. America needs your help
Thank You
I have received replies from Representative Elijah Cummings of Maryland. He is the probably the most receptive member of Congress to this situation. He truly is fighting for us, and doesn’t believe the garbage the banks are telling congress. That is where we all come in. We need to counter all the BS that the banks are telling Congress.
When Brian Moynihan, the CEO of Bank of America, came out and said there was no fraud in their foreclosure processes, I sent him an email personally inviting him to my house so I could show him. Of course, he did not respond. This means he is openly committing SEC violations by making intentional public misstatements, which the shareholders rely on. When the “House of Cards” collapses, there will be enough ammunition to take action.
Congress cannot back them forever. The courts are kicking MERS out, at a steady pace recently. That is why MERS’ execs are retiring suddenly. It is collapsing. We need to keep the pressure on them. If anyone needs contact information for any entity or person related to foreclosuregate, they can feel free to email me. We need to keep our voices heard, in a fashion that they will hear it.
Tim,
You are correct about Mr. Cummings support for the people. There is a hearing on Tuesday in Baltimore to kick off his investigation into the matter.
I agree with everything you are saying however even though the pressure you mention must be maintained we have a situation of grave concern taking place this week. Please read the post below yours with regard to the vote to cancel HAMP. Regardless of what anyone thinks of HAMP – if it is canceled a clear message will be sent to the Banks/servicer and all other investors that the Federal Foreclosure effort is over. This will leave the only the courts which will take a long time and cost money the troubled homeowner does not have right now. We need action literally today as I point out in my post. I hope you will agree and recruit anyone you can into the effort which needs to start today.
Thank you
I will do everything that I can do on my end. Stay strong, it is very frustrating and maddening. I hope the tenor changes when they actually have to vote on it. It’s amazing they don’t think TARP was a big waste, huh?
If they do cancel it, I will look into the “influence” received by each member who voted against it. I will get the word out as much as I can. They need to be publicly embarrassed. I doubt any of them are voting on “conscious”.
Steve, Let’s look at the motivations behind the House Financial Services Committee. Let’s start first with Spencer Bacchus, the Chairman. (I will address everyone of them, one-by-one). Here is the campaign contributions he has received in the 2010 cycle, as of Feb 7th.
indiv pac totals indus
$169,150.00 $176,000.00 $345,150.00 Insurance
$160,400.00 $114,200.00 $274,600.00 Securities & Investment
$162,500.00 $93,000.00 $255,500.00 Real Estate
$102,800.00 $92,000.00 $194,800.00 Commercial Banks
$66,300.00 $55,000.00 $121,300.00 Accountants
$55,700.00 $49,000.00 $104,700.00 Lawyers/Law Firms
$32,500.00 $68,500.00 $101,000.00 Finance/Credit Companies
$41,500.00 $30,000.00 $71,500.00 Misc Finance
$67,900.00 $1,000.00 $68,900.00 Lobbyists
If that doesn’t get your goat, this will;
“In Washington, the view is that the banks are to be regulated, and my view is that Washington and the regulators are there to serve the banks,” Bachus told The Birmingham News in an interview.
As far as all the programs to help homeowners, he said, “It’s time to pull the plug on these programs that are actually doing more harm than good for struggling homeowners,” he said. “These programs may have been well-intentioned, but they’re not working and, in reality, are making things worse.”
This is amazing since he has championed TARP, which has created more destruction on the economy. It has created such a moral hazard that the government will be paying for bailouts ad infinitum.
Mr. Bryant,
Thank you for your e-mail regarding your concerns with the MERS system. It is my understanding that courts across the country are still sorting out the many legal issues and claims that have arisen with respect to MERS, including tax and similar issues that you raised in your e-mail. The Panel’s November 2010 Oversight Report addresses some of the legal issues surrounding proper foreclosure documentation, and the report includes a brief discussion of MERS and its legal implications on pages 19-22. More information about that report can be found at http://cop.senate.gov/reports/library/report-111610-cop.cfm.
It is possible that in the coming months some legislation may come forward from Congress to resolve the issues related to MERS, though I have yet to see anything specifically addressing the tax issues created by MERS and home loan securitization. On the other hand, reforming the servicing industry (along with the broader project of reforming the government’s role in housing finance) has been a topic of interest in Washington recently. In any event the Panel’s limited authority does not allow us to advance specific policy proposals or make changes to existing law to address the issues you raise. As such, I would encourage you to contact your Congressional representatives and inform them of your concerns, as any changes to existing laws would have to come from Congress.
Please let me know if you have any further comments or questions, and I wish you all the best.
Regards,
Adam
———————
Adam A Berkland
Staff Assistant / Director of Correspondence
Congressional Oversight Panel
Office: 202-224-9925
E-mail: Adam_Berkland@cop.senate.gov
The Financial Services Committee passed a bill today (Thursday) to end FHA Short Sale program and EHLP. That is $8 billion in foreclosure prevention help. The only reason HAMP was not canceled is because they ran out of time today. The vote is next week. If HAMP is canceled every investor and banker will see it as the Government has given up on a National Foreclosure effort – than God help us all. Please go to
http://aahmp.blogspot.com/2011/03/save-our-homes-soh-call-to-action.html for a strategy to stop if from getting out of committee.
Thank you
It is easy to find out if your loan was sold and securitized BEFORE you signed your mortgage docs. Get a copy of your “Closing Instructions”. Look for the section that says “Return of Funds Upon Failure to Close”. If there is a bank listed other than, or in addition to, the lender of record, you “debt” already belongs to someone else. The effect is, your mortgage docs are void by operation of law. These documents do not secure the debt, because the bank does not own the debt to enter into a security agreement for it. You are now in an “at-will” relationship. You do not have to pay the bank of record ANYTHING. Neither the bank or the trustee will want to go to court over this. Even if they did, they could not do anything with the property because the title is so clouded because of their own fraud. The flip side is, neither can you. You will never get clear title by paying off the loan. Only the courts can remedy this situation.
If anyone has any questions about MERS, the email address to its CEO, R.K. Arnold is;
RKA@mersinc.org
March 2, 2011
Dear Honorable Mr. Cummings,
Dear Honorable Mr. Rangel,
I would like to submit this request on behalf of the citizens of the United States, for Congress to invoke their powers under the Posse Comitatus Act (18 USC 1385). This invocation would be limited to the National Security threats listed at the end of this email.
As background, I would like you to review the following report on the Financial Terrorism and Economic Warfare threats facing our country through “dark pools” in the Financial Industry;
Economic Warfare: Risks and Responses, Analysis of Twenty-First Century Risks in Light of the Recent Market Collapse, by Kevin Freeman of Cross Consulting and Services, LLC. This report was published in June 2009 as part of a contractual arrangement under the DoD’s Irregular Warfare Support Program.
In this report, it specifically states that “lax regulation may well have provided vulnerability to economic attack”. The major concern of the paper was the risk of “Financial Terrorism/Economic Warfare” which “justifies very serious consideration”. This is part of a 3-phase attack, to which he states we are in phase 3 (as of time authored).
We are currently witnessing one of the aspects of this phase. That would be “bear raids” on the markets, in which he specifically identifies the oil market. The report describes how the operation works, as told by a former hedge-fund manager. These raids are illegal, but as many of the sources quoted state, happen regularly. Mr. Freeman was on the mark with this analysis.
SEC Chairman Christopher Cox testified to Congress on September 23, 2008 that Credit Default Swaps are completely unregulated. He further claimed that nobody had authority over these transactions, and the market “is ripe for fraud and manipulation.” Another vulnerability to our system, was noted as “naked short selling”. This is selling of a security not actually owned. The report notes, the SEC virtually ignored 5,000 complaints of naked short selling. Another serious issue noted is that hedge funds are not only unregulated, there is no transparency and even the investors cannot be identified by the IRS. Even the Treasury’s Financial Crimes Enforcement Network has stated, “the lack of controls is conspicuous”. There is a real concern that these instruments are being used by suspect entities, in violation of the anti-money laundering provisions of The USA Patriot Act.
This is where MERS comes in. MERS is a vehicle which is used, with impunity, to hide ownership of a security. MERS claims to be an assignee/nominee, servicer, trustee, note holder depending on the circumstances that are judicially required for a given event. They also have created a “shadow registry” of public land records which are manipulated to the investors needs. Their membership rules describe the assignment shell game that is required of their members. Their internal documents state their purpose is to “advance electronic trading of mortgage rights for the real estate finance industry.” In fact, I can personally attest to this. The property I own has a cloud on the title because of MERS. Because the actual holder of the note and servicer were hidden by MERS, the documents submitted to our Registry of Deeds were void. At some later time, MERS corrected the database to show the true ownership. Ironically, they are doing the same thing on my current mortgage, for the same trustee who clouded the title originally. The Pooling and Servicing Agreement which my mortgage was in, actually called for some of the notes to be recorded only in MERS to avoid liabilities of the sellers of the securities, and creditors. For others, it was required to record the documentation in the respective jurisdictions registry. To this date, MERS shows a financial entity who has never had any rights or interest in my mortgage, as both the servicer and investor. Since it is explicitly stated in the PSA, all of the participants in this security, including the certificate holders, insurers, and especially the SEC, are complicit in this “dark pool” racketeering activity.
In 2009, a Director at the SEC admitted that they cannot give accurate volume statistics, because of “dark pool” trading activity. The vulnerability of economic sabotage to the United States is real and must be addressed. Mr. Freeman noted in his paper that the FBI and Homeland Security did not mention this National Security issue in their Joint Report.
It is an unfortunate reality that the lack of regulatory, and criminal, enforcement of the anti-money laundering provisions of The Patriot Act greatly assisted in the economic collapse of 2008. As a result, the american tax-payer had to cough up hundreds of billions of dollars, to maintain many of these criminal enterprises. Now that courts have repeatedly shown that MERS was nothing by a straw man for the financial industry, MERS is backtracking on there member rules. There is an imminent mass conflagration in the legal system. It has been rearing its ugly head gradually over the last couple of years. Investors suing Banks, Homeowners suing Banks and MERS, states demanding repayment of fees hidden by MERS, and the perverse practice of MERS and the banks producing falsified documents upon our courts. The common denominator is MERS !!! They continue to operate with impunity. They also maintain a subsidiary, DocX, that was proven in court, “created” documents that never existed, for a fee. Where has the FBI been in this matter?
The next economic collapse will be far broader than the last, and is imminent. Not only will there be a crisis in the financial industry, but there will be a collapse of the legal system. Many, many cases will be able to be reheard on the bases of fraud not known at the time. This will be in addition to all the foreclosures that will be declared invalid, lawsuits based on Title rights and ownership, and “private attorney general” RICO lawsuits. These lawsuits will be devastating to the economy. Defrauded homeowners, including myself, can name every entity involved in mortgage origination, securitization, and regulatory entities who aided and abetted by nonfeasance, malfeasance, and misfeasance. This also opens up the already hurting states to numerous violations, be it nonfeasance to maintain public land records, or malfeasance by elected officials changing the laws to legitimize MERS’ standing.
The US Government also has liability. TARP and HAMP were contracts with the US Government, funded by taxpayer money. MERS hid the true beneficial owner of many properties. This prevented homeowners, such as myself, from pursuing HAMP related claims in court against the noteholder. The HAMP hardship affidavit requires reporting of waste, fraud, and abuse to SIGTARP, as part of the “contract”. This has been done. SIGTARP has stated that the Treasury Department has not taken action against a single servicer, in congressional testimony. It is Treasury who is the principle in TARP and HAMP. They have many subcontracts under these programs, such as Fannie Mae and Freddie Mac. These entities in turn have subcontracts. One of these is Mortgage Services. They issue letters in the name of a specific servicer, using their stationary, acting in a mortgage servicing capacity. There is no statement anywhere on the letter that it is actually from Mortgage Services. Mortgage Services also has access to information on the actual noteholder / investor, not available to the borrower (even upon request or demand). This makes them active participants in this “shadow registry / dark pool”. Since the Federal regulators and law enforcement will not take action in this matter, the civil courts are the only avenue for relief. Under the Tucker Act, there is no immunity. You can imagine the totality of the circumstances.
Many states are now attempting to enforce their own “Economy Acts” such as the one the federal government imposed in 1933. That particular action caused the government on July 28th to attack its own citizens who were protesting. General Douglas MacArthur and Major George Patton, attacked (with tanks) and torched the encampment. Several persons were killed, and hundreds were injured in this suppression. As a result, Congress was forced to flee the city, as outraged veterans stormed the Capitol en masse. This is a part of American History rarely told, but MUST be learned from.
The citizens expect protection from their government. They expect the maintenance of their Constitution rights of equal protection of the laws, due process, to be secure in their possessions, and to have a form of redress for grievances. When that fails, all hell breaks loose. The Department of Defense, along with numerous other federal agencies, are aware of the threat facing us. Federal Law Enforcement has failed to mitigate this threat. There is a “perfect storm” brewing in the United States. This is a National Security issue that MUST be subdued.
I pray and request on my behalf, and for the citizens of the United States, that Congress invoke their powers under the Posse Comitatus Act (18 USC 1385), for the restoration of law and order, and for the National Security to;
1. Seek and apprehend, with or without warrant, individuals actively violating the anti-money laundering provisions of the USA Patriot Act.
2. Seize and disband, with or without warrant, entities actively violating the anti-money laundering provisions of the USA Patriot Act.
3. Invoke Martial Law at all US trading facilities, the Securities and Exchange Commission, and any other entity or location involved in active trading of, maintaining records of, or holding interest or authority over, Mortgage-Backed Securities and/or Credit Default Swaps. This would be to prevent the real threat of obstruction of justice and National Security threats involving “suspect entities”.
4. Report to Congress all persons and entities owning any interest, trading in, reporting or non-reporting of, Mortgage-Backed Securities and Credit Default Swaps.
5. Identify, and report to, Congress, the Central Intelligence Agency, and the Defense Intelligence Agency, all transactions involving “suspect entities” posing a threat to our National Security
6. Seek and apprehend any individual, with or without warrant, employed by, with disregard as to current status or whether elected or not, or contracted with, or holding themselves out as agents of, the United States Government, and any political subdivision of, whom participated in, aided, abetted, received proceeds from, and/or used their official authority to further, active violations of the anti-money laundering provisions of the USA Patriot Act.
Sincerely,
Tim Bryant
80 Bradford Drive
Feeding Hills, MA 01030
(413) 789-1368
Five execs of Bank of America dumped stock on Feb. 28th, in SEC filings. This includes;
Brian Moynihan, CEO
Joe Price, President of Consumer and Small Business Banking
David Darnell, President of Global Commercial Banking
Barbara Desoer, President of Home Loans and Insurance
Thomas Montag, President of Global Banking and Markets
Coincidence?
You seem to be quite knowledgable about the fraud cases going on within BOA. I know of at least 2 cases where the modification loan was approved with BOA (after all kinds of fee’s) and then within 30 days (just before first payment was due) the morgage was sold to another agency.
This other agency has absolutely no record of the modification, was given false information stating the property had not been paid for 10 months, when in fact it was only 6 weeks behind, (5 months of payment are not recorded) and BOA erased all information in their records and claim ‘they have no knowledge’ of the transaction of modification.
Are there any attorneys in SC who would take such a case Pro Bono? It’s so sad.
Find out if the loan was sold “without recourse” in the Pooling and Servicing Agreement. This means that when a loan is sold in a security, the “seller” retains absolutely no rights to the security (property). If so, the only person liable to the “bona fide purchaser” of the loan, would be BofA. The original debt of the debtor to BofA is extinguished.
Was the loan sold during the 3-month trial period, or a Permanent Modification?
I don’t know about Pro Bono is SC. You should be able to research that online. You can also see if there are any class-actions in SC against BofA. I have used Freedom Legal. They are a non-profit that charges a flat monthly fee for your attorney. It’s about $750 per month. If you know how much attorneys charge per hour, you can see how good of an opportunity it is. I personally do not recommend any particular attorney or service.
My story is, I did all the right things under my loan. Countrywide started over-escrowing me. They did it for 2 years. CW never responded to my concerns, which is their fiduciary responsibility. BofA claimed the loan, and immediately put me in default. I went through HAMP, called HOPE, went through NACA, and got nowhere. Just collection calls, while ignoring my account concerns.
I ended up getting to the point where I was pissed, and wouldn’t take it anymore. I stopped paying my mortgage until they showed me that they had any interest in the loan, and who owned it. They ignored those requests. At that point, I started ignoring them. The state and fed will do nothing to help you. It’s a bad joke on the American public.
I retained an attorney. BofA does not bother me anymore. I have further action planned.
Sorry folks, I just could not resist. I came across this post about MERS, where the borrower posted a record that was found in the land records for the property. The story is funny in itself. The most amusing part is what MERS claims their interest is in the property.
http://www.consumerdefenseprograms.com/2010/12/31/rescission-of-notice-of-default/#comments
The answer to this question is Brian Moynihan, CEO of Bank of America.
Tim, would you be interested in helping with a check list to follow on how I can fight? i have an attorney but he is not familiar with this situation. I would love to talk to you via email or phone? let me know if that is something you would consider. My mortgage is through PNC and they dont use MERS, to my knowledge?
We received a loan modification but are still troubled with how things happened, not to mention my credit is still destroyed. I want action now and I am prepared to do whatever it takes,
You can email me tbryant80@comcast.net.
Just so you know, I am not an attorney. I have worked in the military / law enforcement for the federal government (that’s as much as I will disclose). Let’s just say that they pissed off the wrong person, to fuel their greed.
I will do whatever I can for you in a “non-legal” capacity. PNC must use MERS, since they are a stockholder in MERSCORP (per OCC filings). Your email seems a little incomplete, but I assume that PNC “dual-tracked” you. You did the mod, and they either foreclosed on you, or are attempting to foreclose upon you. The bad news is, if you signed that mod, you probably signed away alot of your defenses. Did you read it carefully before you signed it? These mods are being used to get you to waive any claims to lost or defective paperwork. They are from everything I have seen and heard, no other purpose. That may be your equitable defense to reinstate your rights, “fraud in the inducement”.
Shoot me an email and I will see how I can help you.
I have been fighting foreclosure with OneWest and Deutsche Bank. My attorney originally filed the case in state court. The Defendents – One West removed the case to Federal Court – citing Diversity Jurisdiction. This was done in July of 2010.
So we go through discovery and all these Summary Judgements, Response of Summary Judgement and so on an so forth.
The Judge finally stated that he wanted the a Ceritifed Question on MERS to go to the Supreme Court just last week. The Judge also told the defendents – One West – that if they objected – he would over rule and still push this to Supreme Court.
So now after 6 mo in Federal Court – the Defendents have decided they want me and my attorney to dismiss and go BACK TO STATE COURT!
Is this even allowed? Also I will not allow a dismissal since the Judge already ruled NO BOND, NO PAYMENTS. The defendents want to go back to State Court for Judicial Foreclosure (since we are a Non Judicial State.
I think the Judge would possibly object – since they removed this to Federal Court in the first place and stated their claims for Diversity Jursidiction. But perhaps the Judge might Remand this back to State. But why when the Defendents thought they would get a favorable decision in Federal Court. They can’t have it both ways!
Just curious if this has happened to anyone else and what was the outcome.
I know they are afraid that if this gets ruled in Supreme Court that MERS has no standing – the Attorneys for the Banks are screwed since they will lose business from the Banks at that law firm. Plus MERS is so unsettled and this law firm doesn’t want to be the guinea pig and trying to save their butts.
Any response from anyone?
Are they offering a settlement otherwise doesn’t make sense, though I’m no lawyer, that they expect you to go back to state court. Banks and their legal teams try to run out the clock until we go broke or go completely lose it.
Sounds like they are on the defensive though. Depending on your situation you may be in position you want to be and force them to settle.
Nope no offer
That can’t compel me to abandon the Federal Court to go to State?
I wouldn’t think they could
Clearly I think they are between a rock and a hard place.
I was just curious if anyone had had this happen.
This attorney got his way to pull the case into Federal Court – and the Judge has been favorable to me. So why in the world would I do such a thing and allow it back to state….. hmmm they must think my head is a bag of rocks.
Have your attorney amend his complaint to add a RICO “private attorney general complaint” for racketeering. This will keep it in federal court, since they retain jurisdiction over RICO. He will have to request joinder of MERS as a defendant. If either One West or Deutsche Bank is a TARP recipient, and you participated in HAMP without results, you can add harm created by operation of law and/or government contract under the Tucker Act (28 USC s. 1491). In fact, you could add the US Government as a defendant. There is no sovereign immunity under the Tucker Act. If MERS hid the true owner of the note, have your attorney force “judicial notice” that this is a violation of the anti-money laundering provisions of the USA Patriot Act. This puts the judge on notice that he could be in violation of the Act if he furthers any transaction where the proceeds would be coming from illegal activity.
Attorney General Miller,
As lead of the 50 state Attorney General investigation of the foreclosure crisis, I would like to respectfully submit this statement in respect to such investigation.
I would like to add to my original email. Please be advised that the Mortgage Electronic Registration Systems, INC (MERS), is an entity solely created to act as a straw man and bucket shop, in order to avoid Federal and State recording and taxation laws, on the part of investors and financial institutions. This entity does not record the proper beneficial owners of of both investments, and land interests. Both of these are required to be available publicly. MERS uses the internet, fax, mails, and access devices to further their fraudulent practices against individuals, towns, counties, states, and the federal government. These acts include;
bribery (s. 201)
counterfeiting (s. 471-473)
extortionate credit activities (s. 891-894)
fraud and related activity in connection with access devices (s. 1029)
mail fraud (s. 1341)
wire fraud (s. 1343)
financial institution fraud (s. 1344)
retaliating against a victim, witness, or informant (s. 1513)
Fraud and misuse of visa, permits, and other documents (s. 1546)
Interference with Commerce through threats and violence (s. 1951)
Racketeering (s. 1952)
Illegal Gambling Business (s. 1955)
money laundering (s. 1956)
monetary transactions in property derived from specific illegal activity (s. 1957)
unlicensed money transmitting business (s. 1960)
transportation of stolen goods, securities, moneys, fraudulent state tax stamps, or articles used in counterfeiting (s. 2314)
trafficking in counterfeit goods and services (s. 2320)
fraud in the sale of securities under Title 11
As such, they are part of “racketeering activity” as defined by 18 USC C. 96, S. 1961, The Racketeer Influenced Corrupt Organizations Act. RICO can be prosecuted both civil (private attorney general statute) and criminally. It is in the United States Governments best interests to be prosecuted criminally. This is because the Treasury Department (especially Timothy Geithner who already has an existing pattern of tax evasion), United States Congress, Securities and Exchange Commission, Federal Reserve, and all the financial institutions which administer, are shareholders of (which includes entities of the US Government), or use MERS are part of an “enterprise” involved in “racketeering activity” under the Act. Further, because of the use of taxpayer money under TARP and HAMP, which were obligations issued by the Treasury, there is no sovereign immunity of the United States Government, its agencies, or any states or other political subdivisions, under the Tucker Act. This would cause tremendous embarrassment to numerous agencies and officials who would be labeled as racketeers, but also as aiding and abetting terrorism under the anti-money laundering provisions of the Patriot Act.
If this is not bad enough, there is exposure of state and federal judges who aided and abetted such racketeering activities. In any civil RICO action, ANY judge who made ANY decision in MERS’ favor, is in violation of both RICO and The Patriot Act. It would be in everyone’s best interest to immediately seek injunctive relief in each of the Attorneys General individual states, preventing MERS from seeking relief in ANY court, as an entity claiming standing. It would further be in everyone’s best interest to order a “cease and desist” order, preventing MERS from operating in each jurisdiction. The AGs should also review the Treasury, SEC, and the state legislator’s, actions in furtherance of this racketeering activity. This includes;
Amendments to existing laws to allow standing for MERS in state courts
Amendments to the Alienation of Land laws
Amendments to the Land Record Laws
Amendments to the Public Record Laws
Amendments to the Election / Campaign Contribution Laws
Recission of bucket shop laws (which is also a Constitutional violation, as it relates to MBS transactions)
Amendments to Securities Laws
Campaign contributions showing a pattern of racketeering activity
If the 50 state attorney generals proceeded in this manner, this would avoid tremendous;
1. political embarassment
2. judicial embarassment
3. mounting costs of TARP and HAMP associated with private rights of action against the State and Federal governments
4. billions in lost revenues from land recording and taxes associated with such
5. inaccuracy in records of the Land Courts and Registry of Deeds, opening up the states to liability to private rights of action.
6. inequality of protections under the laws. States require taxes and recording fees from individuals, but through MERS, the states allow avoidance of these laws by any entity using this system. This is a Constitutional violation.
7. anti-trust violations
8. RICO violations
9. Patriot Act violations. This is especially disturbing that this law is being ignored. It gives the impression to Americans, and rightly so, that the act is being used as an instrument to destroy Constitutional protections of it’s citizens, instead of preventing Terrorism.
10. Tax frauds
11. SEC violations
12. TARP / HAMP violations under the authority of SIGTARP.
13. Prevention of another economic meltdown associated with the mortgage industry.
14. losses in revenues, by putting homeowners back in their homes, that were foreclosed on due to racketeering.
15. falling housing prices by reducing foreclosures, and reducing unoccupied properties
The writing is on the wall that you cannot avoid this issue forever. No amount of campaign contributions or rewriting of the laws is going to stop the inevitable. NOW is the time for the 50 state attorney generals to take action. Let the chips fall where they may, and restore faith in the financial system, the judicial system, law enforcement, the housing market, and government.
Thank you for your time and consideration in this matter.
Sincerely,
Tim A. Bryant
(413) 789-1368
Sent via email February 20, 2011 2300
Subject: Re: Demand Strong Action on Fraudclosure
Dear Attorney General Miller:
I have previously written to you about immediately enforcing our state and federal laws, specifically RICO, in regards to the mortgage and financial industry.
I am writing again because I am very concerned about the apparent influence being bought in connection with this matter.
The Democratic Attorneys General Association has been receiving extraordinary amounts of campaign contributions from the very institutions you are allegedly investigating.
In my home state of Massachusetts, this is criminal.
(MGL 268A@2 and @3). I am sure it is in every other state as well.
Under Title 18 of the United States Code, Chapter 11 @ 201, @205, @208, and @212, these donations would be criminal as well. The AGs are authorized to enforce HAMP, under the laws of Congress, and to examine financial institutions. The acceptance of these campaign contributions is illegal under @213.
Their contributions to DAGA is also a violation of the Federal Election Laws Sec. 441b. For those under TARP and HAMP, it is a violation of Sec. 441c.
The AGs are walking a slippery slope by accepting campaign contributions from institutions they are investigating. This can also cause Conflict-of-Interest problems in the land courts, when the Democratic AGs are receiving financial gifts, directly or indirectly, which gives the appearance of purchasing influence.
The American people deserve impartiality. I am asking you to call on a moratorium on these campaign contributions. Further, the contributions should be returned. I fully understand that no criminal charges will come from them, but you should at least give the appearance of fairness.
Tim Bryant
80 Bradford Drive
Feeding Hills, MA 01030
Tbryant80@comcast.net
Private loan. No power of sale in the Real Property only the Note and Mortgage, Acceleration clause limited to the conveyance of real property or the divestment of title. No Default at the time Default was wrongfully taken. When these issue were raised to the Trustee and the debt was disputed. Lender and Trustee provided a false accounting that was not certified by a fact witness that maintained the account that was recalculated 5 weeks after default was taken. I filed for wrongful foreclosure and quiet title etc., court took 24 days to authorize lis pendens and authorization was given same day trustees deed was recorded. None of the prerequisite notices required in the contract or CivCode 2924 were complied with and no notice was ran in the newspaper. Unlawful Detainer “U.D.” was then secretly conducted by an attorney that is known for denying U.D. Defendants their due process rights and it was discovered that the Clerk of the Fontana District of the Superior Court took 11 days to mail Notices required by Cal.C.C.P. 1161.2(c) which are required to be mailed within 48 hours and also allowed the Process Server to use Substituted Service the same day the Complaint was filed. Court has refused to allow me to file a Notice to Vacate a Void Judgment , A Motion to Quash, A Motion to Compel, I was put in jail for 15 for CVC12500 and held on $910,000 bail, which two judges refused to lower including the one who is denying me my rights in this case. The FBI only investigates title theft when the amount is more that $1,000,000, my property is worth $500,000 with three units on 1 lot, the DA only takes complaints if it involves loan modifications which are passed on to the Attorney General. However, if I was caught with a still of gum allegedly stolen from Walmat and I couldn’t account for my whereabouts and did not have a receipt I would very likely be prosecuted.
The problem is this – The state retains the ownership of all property, not the banks. It is not that the State is on the Banks side its the Bank working for the state. The state also created a fiction whose name is like mine. The state make up all the rules and creates the environment in which we suffer injury and uses the banks, the tow companies and anyone else that’s ripping us off as an excuse – they just don’t want us to know that America is a communist county because as the experiment between USSR and USA proved – the perfect slave thinks he is free!
I had a Russian woman move into my home and she put things like this…
“You American’s are slaves just like we were under communism…the only difference is your Government gave you credit….Now they have taken it away!!
Live & Learn!
That really funny, cause I’m from England, but I’ve always said USSR and USA were an experiment – one was told they were NOT FREE and they didn’t go anywhere the other were told YOU’RE FREE 2 GO ANYWHERE BUT BE CAREFUL CA– USE EVERYONE KIDNAPS AMERICANS, so they took their 2 week vacation going to 10 different counties or else they too stayed home. Both were kept pretty isolated from the rest of the world and for 50 or so years both sides made amazingly great advancements in every area medicine, sports, weaponry, outta space, etc., each one thinking the other was the boogie man. And the objective of the biggest science experiment the world has known to date was to see if the: THE PERFECT SLAVE THINKS THAT HE’S FREE!! and just like in Trading Places some rich uncle made a buck or two on proving that theory – the problem is neither one is that good without the other – and there’s something that the Actors in my case have forgotten about and that is – United We Stand – But if You Fall You Fall Alone, Cause the Show [State] Must Go On!
Anyone from California will need to read this…
Not good News!!
Elyse
http://www.businessweek.com/news/2011-02-23/mers-can-foreclose-in-california-state-appeals-court-rules.html
What were you imprisoned for, if I may ask?
CITIMORTGAGE
TEXAS
Here’s a little different situation. We received a notice of foreclosure in Dec., 2008. We immediately called Citimortgage (CM) who offered us a “Homesaver Advance” loan for our back balance. We began regularly making our normal payment and 6 months later the additional payment on the Homesaver loan. We thought all was well and good.
Several months into this we received notification from our insurance company that our homeowner’s policy was being canceled for non-payment. We called CM and they confirmed that the premium had not been paid because they still showed us in foreclosure. Multiple long phone calls later, CM assured us that they had fixed the error and would get the payment out. 90 days later we got another notice of cancellation from the insurance company. Phone calls, assurances, check is being sent, etc. 90 days later…this went on for about 18 months before the insurance was finally paid and our home was covered! All this with the money just sitting in escrow!
That should have been a red flag…but just over a month ago (this all started in 12/08) we prepared to sell our home and contacted a real estate agent. She pulled up the county tax records only to find that CM owns our home according to the tax rolls! So she pulled our credit report and sure enough it shows a foreclosure on our report! We have received monthly statements showing principal and interest, escrow balance, amount paid out of escrow for insurance and taxes (yep, we paid the taxes for property they say they own!) When we called CM they readily admitted their error and have sent letters to the 4 major credit agencies, but they haven’t yet rectified the tax rolls!
Has anyone else had this type of issue??? I’d love to hear from you…
Looking for Julie Hanshaw, Notary – San Diego, CA / Susan Smothers, Asst. Sec, MERS
Lorrie Womack, AVPOneWest or Cal-West
Read this at lunchtime. Big Mistake. Who says “white collar crime” doesn’t pay? Fannie Mae and (friend).
http://abcnews.go.com/Business/wireStory?id=12852757
Thank you kindly, James M.!!
I am looking for any information about David Perez, whose name appears on MERS/BAC Mortgage Loan Servicing ASSIGNMENTS OF MORTGAGE as “Vice President” of MERSCORP. If you have an ASSIGNMENT OF MORTGAGE with David Perez’s name on it, as a signatory in any capacity or if you have any information pertaining to David Perez in this regard please do email me.
I am battling a foreclosure action in Florida and suspect that the ASSIGNMENT OF MORTGAGE recorded in my case by Attorney David J. Stern (before he was terminated as BAC Home Loans Servicing’s attorney) is a fraudulent, manufactured document and need documentable proof that it is. Thank you.
Go to foreclosure hamlet and hit the “depositions” tab on the tool bar…there are depos there from Cheryl Samons and Tammi Lou Kapusta…Sterns office procedures are well explained and you just enter those as Exhibits so it is entered into evidence.
There were hundreds of signers, use what has already been deposed!!
Good Luck…
Joyce,
I have more info on MERS for you. Look for the deposition of William Hultman of MERS, online. He is the sole officer / incorporater of MERS. He admits that MERS was not meant as a “legal system of record”. It also shows there was never a corporate resolution to make any “vice-presidents” or “assistant secretaries”. He doesn’t even have the authority from MERSCORP to do that. In fact, all the “true” and “certified” copies of the “corporate resolution” date, are added as needed. There is no such animal. Since that deposition, Mr. Hultman, and the CEO, R.K. Arnold are flying the chicken coop. The house of cards if falling with regards to MERS.
I can appreciate wanting to have evidence that a particular individual who signed an assignment of mortgage as a Vice President of MERS did so fraudulently, but do you realize the fact that it was assigned by MERS is in of itself enough to constitute fraud ? If you do more research on MERS you’ll see that MERS has no beneficial interest in mortgages and therefore has nothing to assign. The information at their own website supports that.
We had a complaint filed against us on April 15th of 2009, one day after a fraudulent assignment was executed by Cheryl Sammons (14 year employee of David J. Stern) supposedly assigning our mortgage from MERS to GMAC who happens to be the servicer on our loan.. The assignment stated that it was “effective” as of March 11th, 2009, which undoubtedly was the date Stern received the foreclosure file from Fannie Mae. (A Plaintiff cannot file a complaint in a foreclosure case unless they have legal standing to foreclosure before the date of the complaint.) Clearly the assignment was created in order to create legal standing for GMAC to foreclose. We’ve answered everything that has been filed in our case and have fully addressed the MERS issue. MERS, despite their claim to be both the mortagee and the nominee for the mortagee, has no beneficial interest in the security instrument or the promissary note and therefore has no legal standing to assign anything. Therefore the entity to which our mortgage was assigned has no standing. If you don’t own something you have no legal authority to give it to someone else. And when you do, it’s commonly referred to as stealing.
The last thing that was filed in our case was in December of 2009. Since then we have heard nothing. If you know how to refute anything that’s filed in your case you can hold them off and in my opinion, eventually they won’t want to answer you anymore, because it’s incriminating and to expensive.
David Perez works for the “Document Execution Team” at BofA in Plano, TX. Here is a deposition in MA where the BofA employee states he informed her that the DET was “trained” to recognize signatures. Follow the link..
http://mattweidnerlaw.com/blog/wp-content/uploads/2010/12/40330704-Renee-Hertzler-deposition.pdf
I would be very interested to learn if anyone else has looked at their Chase (or other firm) mortgage loan documents and found that certain pages seem to have been swapped out — because my initials clearly were copied into the document (done poorly too) — even the bottom parts of the letters in my initials are missing and are not on the signature lines. This involves more than one page.
When I printed off the documents from the county – I about fell out of the chair.
Chase has refused to provide evidence that they own the note…they sent me copies of the mortgage loan docs (same as those filed w/the county) – that was it – and warned me that they are going to enforce the debt.
Should I send these obvious fraudulent papers to Freddie Mac / OTS ? What might the best course of action be? Thank you so very kindly for any suggestions / comments / similar stories.
Warm regards from MI — a nonjudicial state.
Right, the copy you get of the mortgage should match the copy recorded in the county records. That is normal. What you want is a copy of the PROMASORY NOTE. It is the note which is evidences of a debt. The mortgage is just an ancillary document that allows foreclosure if the conditions of the note are not met, (i.e. payments, etc)
You may want to think about filing a Qualified Written Request. You also want to know who holds the note and who is the owner of the note. I doubt that Chase is the owner. I suspect they are just the servicer, who collects your money, and then sends it on to someone else. Your note is probably owned by some trust based in NY.
Getting competent legal counsel BEFORE you are foreclosed, who can bring an action to quiet title may be a smart first move in a non-judicial state.
Hi , i had world savings than wachovia bought world than wells fargo . I have 2 mortgages with same banks . They foreclosure on the 2nd mortgage . Now what happens with the first ? Also in the records both mortgages are in world ?? I dont see no assignments ?? And the plaintiff is saying in Pa. they are not require to conduct any action to transfer in Pa. 15 Pa. C.S ; 1929 (b) .
any advise
Here are the names on my loan , world savings , wachovia , wells fargo
pam wilson from world savings , e guzman vp of loan docs of wachovia , robert hussmann vp of loan docs at wachovia . only notary is mark codina from texas , agency is american association of notaries , surety co. western surety co.
wells fargo na is America loan service as there servicer .
I am scheduled for a Wells Fargo foreclosure next month, March, 2011, in Georgia, a non-judicial state. I can find no mortgage assignment. My original mortgage started with HomeBanc in 2007. After they filed bankruptcy, many of their assets were sold to CountryWide Financial. The servicer was EMC for a few months, than went to America’s Servicing Company (supposingly owned by Wells Fargo). Wells Fargo claims they own the loan. I have tried for several months to get a loan modification, to date no success.
Anyone have any suggestions on a good foreclosure attorney. So many of them take money, and do so very little. I would like to know of any Georgia success stories in this foreclosure crisis. In Georgia the lender can just take the property, no court hearing, nothing.
hi what you are experiencing is dual tracking. i am also waiitng on a wells fargo loan. no assignment with county, just wells fargo whom sold my loan they are the servicer. i just read a post on this web site that said that if you are still being considered for a mortgage modification and the “dual tracked” you and now you have a foreclosure sale pending, take the modification paper work to court. the judge will diss miss the fore flrosure for now. that will give you more time to find an attourney. please check out http://www.foreclosurehamlet.com there are alot of people on that site that know laot and can help you. please good luck i feell for oyu. going through the same in flroid. please also check all your mortgae paper work for annomalies. i found appraisal fraud!!!!! the jugde is going to love that.
Marie
I am in Savannah, we stopped our foreclosure by contacting Freddie Mac and telling them that US BANK would not produce the note, the lawyer did not check the assignments and we had proof of fraud.
Freddie Mac made them cancel foreclosure and start modification.
Did you check the clerk of court web site in GA to see what they have? They charge you to look, I have an account and would be more than happy to check for you. My email is kmj0120@gmail.com
The GREAT AMERICAN “PUT UP OR SHUT UP” FORECLOSURE SOLUTION!
This is very simple.
The LAWS dictate that the bank (or pretender lender) must offer PROOF of OWNERSHIP.
DEMAND a “pre-trial settlement conference.” Mediators are not allowed.
Make this an all or nothing wager. (Wall Street likes betting with other peoples’ money, right?)
Give the bank (or pretender lender) 60 DAYS from the initial hearing to produce the ORIGINAL NOTE (EVIDENCING THE ENDORSEMENTS IN BLANK or NO ENDORSEMENTS for TRUSTS?) – PLUS the ALLONGES, and ORIGINAL MORTGAGE.
Modern forensic analysis – to be paid by HAMP – would verify the credibility of the documents. Ink and paper can be time-dated with modern technology. Furthermore, hand writing analysis techniques and forensic computer technologies are also available and very refined today. Furthermore, The CEO’s (of the employees who “VERIFY” the accuracy of their own signing authority as evidenced in their own affidavits,) would be “sworn in” for perjury and other related potential criminal actions. This would also perhaps eliminate forgeries and criminally manufactured documents by the banks (or pretender lenders,) their foreclosure mill attorneys, and/or their default document preparation firms… To further GUARANTEE and ENSURE fairness, the Homeowner would choose the forensics firm who would operate under the penalty of perjury and fraud.
This simple wager would be established as follows:
1- The pretender lender would “sign off” at the initial “pre-trial settlement conference” on the mortgage and note, (FREE AND CLEAR with clean, marketable title, including the pretender lender’s assumption of all future liabilities for “John Does’ 1- 1000.”) The homeowner would then drop all future claims and counterclaims, and own their home free and clear. Further criminal prosecutions would be dropped for this individual case.
2- IF the pretender lender would NOT “sign off,” then the FORENSIC TESTING RESULTS – OR pretender lender’s NON-COMPLIANCE … in the following 60 days … would determine the FINAL OUTCOME of their claim.
3- At the end of 60 days at the NEXT summary hearing, (held exactly in 60 days,) IF the bank CAN LEGALLY
PROVE THEIR OWNERSHIP by producing the legally necessary documents to the court, the HOMEOWNER has 30 days to peacefully surrender the premises without any further litigation.
4- At the end of 60 days at the NEXT summary hearing, (held exactly in 60 days,) IF the pretender lender COULD NOT PROVE THEIR OWNERSHIP to the court, the HOMEOWNER would receive the HOME – FREE AND CLEAR – (and FREE FROM ALL FUTURE LIABILITIES from “John Does’ 1 – 1000″ ….) PLUS, the homeowner would additionally receive FIVE MILLION DOLLARS CASH ($5,000,000.00) from the pretender lender now proved to be a criminal. Mandated criminal prosections and incarcerations would then follow for corporate parties found guilty of fraud, perjury, RICO Conspiracy, etc….
This MOST CERTAINLY, WITHOUT ANY DOUBT, would:
A) END “AB– USE OF PROCESS” and “FRAUD ON THE COURTS!”
B) END LOAN MODIFICATION SCAMS BY ALL ENTITIES!
C) END THE TYPICALLY UNFAIR AND DECEPTIVE PRACTICE OF QUESTIONABLE FORECLOSURES – and, so far, MOST (if not ALL) FORECLOSURES are questionable! (… Let’s not forget about the RAMPANT MORTGAGE FRAUD by the BANKERS in the lax and irresponsible origination and appraisals.)
D) END UNNECESSARY LITIGATION COSTS to homeowners, who cannot afford litigation in the first place. Only 5%(?) of homeowners are litigating and many of them are going bankrupt to merely protect their legal rights. There is currently very little JUSTICE for most homeowners.
JUSTICE is CLEARLY NOT AFFORDABLE!
Long and protracted litigation, through slick, legal maneuvering by attorneys (on both sides) – is demonstrably immoral and unethical.
E) END The strain of COURT COSTS to the TAXPAYERS and STATES!
F) END EMBARRASSMENT by many Judges, Bar Associations, and GOVERNMENT AGENCIES who have aided and abetted, at the very least, unethical behavior, or at the very worst, criminal behavior – regarding foreclosure fraud and mortgage fraud by the banks!
G) END The MISTRUST by citizens of law enforcement, regulatory agencies, and governments who have been wholly negligent of thier DUTIES to PROTECT and SERVE the citizens (who pay the “PUBLIC SERVANT’s” wages and benefits through taxes!)
H) END the WASTE and FRAUD perpetrated on America by worthless government and social policy programs!
I) END the CERTAIN DECLINE OF OUR ECONOMY. Millions of FREE and CLEAR HOMES would RE-START our economy with legitimate (and immediate) equity based lending!
J) END CLOUDED, UNMARKETABLE TITLES that will clog up the legal system for years to come!
K) VALIDATE and REAFFIRM OUR COUNTRY’S COMMITMENT TO FACT, LAW, JUSTICE, FAIRNESS and TRANSPARENCY!
L) UPHOLD THE SANCTITY of “our” U.S. and STATE CONSTITUTIONS!
.. And WHY COULD this NOT OCCUR?
You may call this:
the GREAT AMERICAN “PUT UP OR SHUT UP” FORECLOSURE SOLUTION!
ISN’T THIS WHAT AMERICA STANDS FOR…FAIRNESS, JUSTICE, and EQUAL PROTECTION under the LAW?
Great post on put up/shut up.
I would just add some damages maybe a couple of year’s worth of income instead of possibly huge damages they can be liable for.
We need to track where all homeowner support money went. Mortgage law prev had funds set aside for homeowner legal fees until first Bush or Clinton.
Call Save America Homes. They have a great attorney they work with in Georgia. (423) 432-3030
Any Depositions on Leticia Quintana? I see other have commented on her signature for Recontrust in AZ. This occurred in the Pacific NW also. Need the Depo for current lawsuit. Thanks in advance
I am looking for any info, signatures, or depositions for Liquenda Allotey, Shoua Moua, Laura Hescott, and Karen Pancuk. I am also looking for a Network contract between LPS/FIS with their legal firms and title companies. Anything is deeply appreciated. (most specifically as it relates to the year 2007 and 2008)
There are several depos for LPS officers, Shoua Moua is fully compromised with good depos, I do not recognize the rest. Look at the depositions link from the menu above.
What state are you in and are you on the ForeclosureHamlet website? Knowing what info you are trying to get at, or fact you are trying to prove may help direct you to the right nugget of information.
Thanks so much for the response James.
I am in Ohio and we are a judicial foreclosure state.
I signed a loan/mortagage with a lender in California in April of 2007. In June of 2007 a servicer sent me a notice stating that they had acquired the servicing rights to my mortgage from the lender as of June 28, 2007. My initial payments were to start July 2007. I contacted my lender to validate this servicing agreement and they said that they would send along doc to confirm. Neither the servicer of lender responded by sending documentation. in November the servicer started foreclosure proceeding because of default. With the complaint they filed a copy of the mortgage that was posted in our county recorders office. They subsequently submitted court documentaion of an unnotorized and undated allonge signed by Karen Pancuk as proof of ownership of the note. The date at the top of the fax says December 12, 2007 and it is sent from a number in California. I have verified that this number is FIS. I also have affidavits and notorized signatures for that date from LPS in Minnesota. (Liquenda Allotey and Shoua Moua) Also signatures from Laura Hescott and Christne Allen on other documents. It looks as though all these documents were prepared by Lerner Sampson and Rothfuss law firm.
I am trying to track how my mortgage can to be serviced by the servicer. How and wen did the servicer acquire my loan and mortgage from the original lender? Why Liquenda Allotey signed an affidavit stating that MERS was acting as nominee for MERS who I had a loan with? I never signed a loan with MERS. How can I have documentation regarding my loan signed on the same day by LPS in Minnesota and FIS/LPS in California? If the mortgage was reviewed to be true and correct by Liquenda on that day and he had all the documents where does Californoia come in?
I understand from reading the LPS has a network agreement with several law firms and title companies. How can I find a copy?
I understand a good bit of the MERS / LPS / FIS stuff, at least I try to. Your story of a free floating allonge is interesting. They can’t be free floating, they must be attached to the note in question. I would like to talk to you about this further.
You can contact me when I am on the ForclosureHamlet website. If you send me a friends request, after I get that and respond you can send me a message and then we can exchange email and phone info.
I am looking for depositions for the Callaro’s, Kwiatanowski and John Kerr all with GMAC. Does anyone know where or how I can get these if in fact they have been taken?
I am tring to find a depo of Christina Trowbridge does anyone know if see has been disposed yet in any case?
I also need a depo of Christina Trowbridge. I searched for one on the net none found. Any help greatly appreciated
http://frauddigest.com/fraud.php?ident=4674
This is a very interesting site.
Mortgage Fraud
Chase Home Finance, LLC
Whitney Cook
Beth Cottrell
Margaret Dalton
JPMorgan Chase
Lender Processing Services
Long Beach Mortgage
Stacy Spohn
Christina Trowbridge
Washington Mutual Bank
Action Date: September 30, 2010
Location: New York, NY
On September 29, 2010, financial giant JP Morgan Chase announced it was suspending 56,000 foreclosures because its documents may have been “submitted without proper review.” To assist JPMorgan Chase, Fraud Digest suggests that it dismiss those actions where the Affidavits or Mortgage Assignments were signed by the following robo-signers:
Beth Cottrell, Whitney Cook, Christina Trowbridge and Stacy Spohn from the Chase Home Finance office in Franklin County, OH
; Margaret Dalton and Barbara Hindman from the Jacksonville, FL office of JPMorgan Chase;
and any of the Lender Processing Services robo-signers from the Dakota County, MN office including Christina Allen, Liquenda Allotey, Christine Anderson, Alfonzo Greene, Laura Hescott, Bethany Hood, Cecelia Knox, Topako Love, Jodi Sobotta, Eric Tate, Amy Weis and Rick Wilken
. In particular, JP Morgan Chase should look at those cases where the bank has supposedly assigned mortgages to WaMu, WMALT, Long Beach Mortgage Company and NovaStar trusts years after the closing dates of these trusts.
The number of questionable or fraudulent documents is likely to be much closer to 560,000 than to 56,000, and that will only be a good beginning.
I am trying to modify BOA/CW loan on investment property after I got HAMP on the primary.
The bank is very reluctant to do so, especially when I am not delinquent. The property is deeply underwater and refi is not possible. I am in Florida.
Thank you.
Elizabeth,
Thanks for responding. Is there a phone number where I can reach you?
Best,
Michelle Conlin
The Associated Press
I’m a reporter at the Associated Press.
I am looking for people who were the perfect candidates for loan modifications but who, for whatever reason, were unable to get them.
If you fit this category and would be willing to share your story with me, please contact me at mconlin@ap.org.
Thanks very much.
To those that are thinking about replying.
Michelle Conlin has my vote of confidence.
James McGuire
j.mcguire@swbell.net
Michelle,
Thrilled to see the Associated Press is interested in writing a little something about the worst criminal attack on some 62 million American homeowners in the history of the United States!!
Somehow the media began to report on it some 3 months ago and I’m sure I speak for many of us…we were jumping up and down with hope!! However, it stopped as soon as it began and we came to understand the very banks that are stealing our homes also own the media!!
There are millions of stories to tell but they will all read the same…THERE ARE NO LOAN MODIFICATIONS!! The Banks lost the notes and MUST get us out in order to re sale them and create a new note to cover up their crimes…
That’s the story…
How about discussing MERS and how that computer has defrauded every county recorders offices in all 50 States creating all States going bankrupt!!
That’s yet another story NOT BEING REPORTED!!
Want more?
elyse@gte.net
I’ve got 62 million of them!
I would be willing to tell my story. I saw that James McGuire confirmed this contact.
Nick,
Would you be willing to email me your story or provide a number where I can call you?
I’m at mconlin@ap.org.
Thanks,
Michelle Conlin
Seemed as though I was a perfect candidate at one point but then all the rules changed while the lenders allowed the economy to tank. I feel the whole process needs to be looked at and how homeowners have been scapegoated. Willing to share my story if can dedicate time.
I thank God everyday that I was “not qualified” for HAMP HOPE or any modification program. You requested info from “Perfect Candidates” perhaps I’m not “perfect” and so relieved to be imperfect.
The Mods are just another underhanded way for the banks to take the last dollars you have-do not apply the payments towards the Mortgage loan, receive more Gov. payments to them just to string you along while they create more fradulent docs.
TWO YEARS AGO the reason I got a pro bono Attorney (another miracle) was to request a Loan Mod.
Florida even has a REQUIRED MEDIATION PROCESS-which I did not qualify for (my Lis Pendens was prior to recent rulings)
Now my Attorney says-we do not want or need a Loan Mod.
We have plenty of ammo with Fradulent Docs
Have filed motion to Compel-In Camera July & August of 2010. No response from BOA/CW servicers. Lets us all pray they get rid of this MODIFICATION PROCESS ! BOA says they have the NOTE & Mortgage- not so- just copies and improper MERS assignments-robo signatures-back dated docs-fake Notary Stamp Dates ! Thank you for your request to garner valuable info from those of us fighting the banks.
Great post!
I’ve bought another 30 days. I wasn’t able to get pro bono attorney since most of them work for the banks!…I was told by non-profit.
What state are you in? I’d like to refer info where pro bonon has been done for homeowners.
Michelle,
I am a B of A customer. In August 2009 they sent me lon modification application. We filled it out and gave them everything they asked for. Our “trial payments” started in September 2009. In March 2010 we received a letter via FedEx stating that we had been approved for a permanent loan modification and “to be on the lookout for final documents”. It is now February 2011 and I still don’t have documents and B of A is now stating that in June 2010 they reconcidered the modification and denied us… They also state that they sent us a letter in June 2010 stating that fact via FedEx. No signature was gotten and we never received the letter. I can’t find a class action accepting new plaintifs, can’t find an attorney that will take on a civil suite on conting. Any help would be appreciated. It is time someone stopped these banks from doing this……HELP
I have enough detailed information to keep any journalist from getting “writer’s block”…LOL. I just sent you an email.
I am in Ohio and had my home foreclosused on in 2009. I have just recently, two weeks ago, found out that the mortgage servicer, Saxon, did not own my mortgage note until 2 months after they filed for foreclosure on my home. The attorney that worked with me was disbarred for 18 months for failing to service clients in the foreclosure process. I was only one month late due to bills coming to me at the same time from my original lender, Accreditted, and Saxon who said they were now servicing my loan. All the documentation filed withthe court is fraudulent and from LPS.(Fidelity something back in “07) Liquenda Allotey, Shoua Moua, James Morris, Laura Hescott, and Christine Allen. Representing law firm was Lerner Sampson Rothfuss.
My question is simple…do I at this time have any recourse????
I GOT MY HO– USE FREE and CLEAR by a COURT ORDER:
I purchased my home in a coastal California city in Santa Cruz County. Pretty simple transaction, $70,000 down and a mortgage loan of $250,000 from Countrywide. This was not a ‘liar loan’, ‘no down’ or ‘overappraised’ home purchase. I put my down payment money into escrow and closed on the house to move in.
After one year the home values started to drop. I received a from Countrywide about a ‘modification’. I called them & they said ‘we can’t help you’. Painfully I kept making my mortgage payments knowing my mortgage balance was well OVER my home value. CW was eventually bought by Bank of America. I thought ‘great’, now BofA can modify my loan.
In preparation of the modification process I started to send demands to BofA to produce loan documents using a ‘Notarial Protest’ method. This technique eliminate the ‘we never received that’ defense later (tip I learned from a book I picked up at CleanYourCreditFree.com) I also sent other type demands (tips I got from YOUR Emails & website message(s) and the Bank Fraud Victim Center: http://mortgage-home-loan-bank-fraud.com)
I was very nervous about the [legal] process but began to feel empowered as I learned more from your Emails and articles, plus info from these sites and that great little credit cleanup book, etc. There were may ‘A-ha’ moments….
Not getting any return contact from BofA I stopped making mortgage payments to get their attention. I also made phone calls to BofA asking for help. I had surrendered to the thought that they’ll eventually come get the house. Hey, they’re a Big Bank with LOTS of money and lawyers. I’m just a homeowner who has lost $70,000 in home equity and no money to hire expensive attorneys.
I received a court summons from the banks attorney. They wanted a ‘constructive trust’ formed and filed for a court order to compel me to re-sign a mortgage note and Deed Of Trust (DOT), telling the court these documents had been ‘lost’. (Perhaps in the move from CW to BofA) I attended the first court hearing and demanded to see the Note, DOT and Deed documents. The bank attorney said he didn’t have them, so my case was continued (to give them more time to find them).
I went to the county recorders office to get copies of the (lost) documents.
It was then I discovered that the title company had NOT recorded the mortgage note, DOT…..NOR….my Grant Deed (publicly recorded title document in California). My house was still under title to Washington Mutual Bank, who had foreclosed on the previous owner, and who I had purchased it from. ‘WAMU’ also no longer existed and is now owned by Chase Bank. I sent demands to Chase Bank, again with no response. I tried to contact the Title company who handled my house closing; they are also ‘out of business’. So my situation was:
Bank who sold me the house as gone (no-one to issue new grant deed); Bank who provided the mortgage funds is gone (no-one to issue a new mortgage note), Title company that insured the title as gone (no insurance company to sue) and my house was NOT in my name (I was technically ‘homeless’). BofA didn’t care about MY title document. Their court case only wanted to get THEIR documents recorded (ie: Promissory Note & Deed of Trust) so they could foreclose. What they were saying to me was: ‘You must owe somebody, it might as well be US’.
At this point I ‘could’ have filed an insurance claim to the title company for not completing the transaction (costing $1000s in attorneys fees) and hope to get money from a company that no longer existed but instead chose to continue the ‘bank’ court batle.
After ‘3’ court hearings over 9 months: me demanding loan documents and bank attorneys saying ‘we don’t have any’; the court issued an ‘Order To Show Cause’. Faced with this ‘court order’, the bank attorney filed a CASE DISMISSAL ‘without prejudice’ (meaning they could still file a lawsuit against me later).
I then filed a ‘Motion to Dismiss WITH Prejudice (ie: they can never sue me again for this issue), served the summons on the BofA attorney and arrived in court for the motion hearing. The bank attorneys did not even show up, and the judge granted my motion: ‘DISMISSED WITH PREJUDICE’ (ie: they cannot ever sue me for this issue again)
Net Effect: the Note and Deed Of Trust are gone. I’m getting a Deed Copy from the archives of the defunct title company and will record it into the public record. I ‘finally’ received a response from Chase Bank which said ‘we don’t own this property’ (perhaps lost docs from WAMU to Chase).
My MANY THANKS go to your website, the Bank Fraud Victim Center and the CleanYourCreditFree.com manual. I was able to eliminate my mortgage WITHOUT using an ATTORNEY and spending large amounts of money on legal fees.
My credit is still pretty beat up because of all this but the tactics in the free credit cleanup book I mentioned are being used now. I expect my credit scores to increase over the next few months as these negative items are removed (Again without using debt counselors or attorneys who charge money)
I am happy I did not lose my home and now live with no mortgage payments. I am not proud of the outcome and never wanted to ‘cheat’ a bank (or anyone else). I was ready, willing and able to continue to pay for a fair mortgage if BofA (or who-ever owned the mortgage) would have modified it to current market levels.
As I no longer have to expend money for housing, I’m directing a percentage of what I used to pay for this to homeless projects locally. Hopefully I can make a difference for others who may not have had the outcome that I experienced.
MANY THANKS to your website writers and message posters.
Thanks for posting. Good to see a real case and useful info.
hi thank you, you are an inspiration for all of us whom have had mortgage fraud . my home also is
also only publicly guarateed to hells forgot (my new name for wells fargO) HOMW I COULD GET MY HOME. waiting for a loan mod too.
hi chris hope you are still receiving updates in your email. can you please contact me. i iam in your situation. got one mod from wells but they stole 10k and tacked it on an already up side down mortgage. waiting for a hamp mod now. would pay a reasonable amout monthly. wells who closed on my loan in 2006 is the only recorded mortgage, and my deed is recorded. apparently according to well my loan was “sold” and i am listed on fannie mae web site with wells still listed in county records. also i reviewed all my paper work. i have the deed signed and notarized an original, also one is with county. The mortgage and note are blank!!!!! i am terrified how can a tiltle insurance company do that????? anyone can show up with a note and mortgage and say its the original, i do not have my own to compare. i am so sick to my stomach. on top i have appraisal fraud committed. straw buyer on a comp they used to appraise my house in 2006. so email me can use some advice. i just sent my 2nd set of paper work to wells. playing the game. jodiandre@yahoo.com thanks
I am in CA and have been fighting lender for more than 3 years. My case is unusual but I was able to stop sale 3 times but have sale date for 2/4 and basically on last legs. I ended up in high interest loan with crash in ’07. I had business at that time, but needed funds, and was told I could have loan changed as soon as things settled down. At same time I was told I wouldn’t be able to get better loan unless I paid off second.
From first payment I was told by Chase that I was a good candidate for loan modification. After a few months when nothing was done I started going through loan mod services and eventually a lawyer. I was offered a forbearance plan where my loan was to be cut in half and amount owed was going to be pushed to back of loan which at that time wasn’t bad.
I was happy to hear this but business had started to suffer so I asked for documentation, as they were asking for $8,500 payment, which lender would not provide. The lawyer tried to assure me I should go ahead and pay but I refused unless the lawyer would provide me with documentation and recordings.
In the end lawyer stopped returning my calls and I fought off sale with help of paralegal and twice more challenging lender with extensive documentation I kept and with complaint filed with Comptroller. At one point they sent people to evict and had to rescind sale. Within complaint I offered to settle to have loan reduced from $600,000 to $500,000 to achieve lower payment I could afford at that time. This was never acknowledged. Now for sale for less than $400,000 and they attempted to buy for less than $300,000 but now can’t show income.
Comptroller recently seemed to side with lender so I had to get postponement of sale in Dec, though I expressed need to wait until February, and went into short sale process.
Goal was to get an investor and do a lease buyback with time to show income. There’s a slim chance I will be offered a job but could be the end of the road if not. Legal/real estate group I’m working with had investor that had done such deals but not clear that effort was done to get investor. HAFA prohibits but there have been such arrangements so may have to force lender.
Group is suggesting and seemed to be pushing I go with short sale anyway and go with “fresh start”. Wondering if they are acting in my best interest as broker disappeared and replaced and after reading comments here.
As I said at the beginning my case is complicated and has characteristics of predatory lending, unfair lending practices as well as abuses in stringing me along, unreasonable interest, and illegal attempts to evict etc.
I get the feeling postponement attempt will fail. I have basically no funds for legal help. Will be approaching family this week if not tomorrow. Not having income and long period of trying with no luck as others on hear has me on the defensive though I’m starting to get second wind with sites such as this.
I’m hoping to figure out if legal non profit/broker are on the up and up.
They are charging $1,100 for formal request
$2,850 for TRO
$7,500 to start lawsuit and say could be $20,000 if it goes to court but most likely get settlement.
Another service is offering applying for class action for $3,000. Other group also charges about the same but didn’t offer. Class action group claims sale will be stopped and there will be no more late charges etc (over $200k at this point)
Any advice and tips on filing paper work in Los Angeles county will be appreciated.
My background includes real estate data and demographics for market research. I have a very good foreclosure database at neighborhood level for national level and point data for CA and possibly other states.
I believe I can assist non-profits, local governments, homeowner groups and legal groups to do outreach and strategize to deal with this issue.
Propose to work with or co-develop for legal help.
Thank you.
Luis, before you spend anymore money, have you check the your records at the county where records are recorded ? Make copies there. Look at dates, signatures, assignments and anthing that’s not in your original documents. Compare them to your copies. As a homeowner myself and not an attorney we don’t know everything we should be looking at, but making copies of the important papers helps. If your loan was securitized, I would check http://www.livinglies.wordpress.com/ website that has several securitization packages that you can show to an afforable attorney who “Gets It”. Just recently, http://www.foreclosuredefensenationwide.com website has established offices in Ca. because that’s a state where attorneys who “Get It” will have a lot of business and this law firm is one that helps homeowners across the country. They also offer securitization packages (?), but I don’t know any of their fees. Livinglies has a package for around $359 (?) that will check your title and check SOME securitization info (Not a complete detail, but enough to aid your attorney who may or may not be up to date on the securization issue. Hope this may help and others will add more info for you and your family. Don’t give up.
From previous loan mod services the lender produced copy of note of refinance which seemed to imply they could produce the note though never told that directly.
Lender also contradicted itself by saying investor couldn’t approve loan mod then saying they were the investor and it was good for me!
Sounds like people should be told to do chain of title if that is the case.
Will try to do what you suggest in time I have while looking at options to stop sale. Thanks for the info and encouragement.
Luis, Just ask The Lender/Servicer who owns the note and mortgage. They have to tell you. You probably have a copy of your mortgage and note, but that doesn’t mean you have the originals somewhere. Go to FannieMae, FreddieMac or Mers websites to find out if they have/own your mortgage and/or note. It’s free. Chase Home Finance, LLC kept telling me about the investors until I asked them who owned the mortgage and/or note. They told me it was FreddieMac and their website confirmed it. Get a lawyer.
They contradicted themselves before so I’ll double check. My loan was in 2007 and they claimed to stop using MERS in 2008 from articles on internet.
Talking to class action lawyer now.
according to the Ft Meyers, FL news report, bank of Scamerica is withdrawing foreclosure proceedings in south Florida. Here’s the link: http://www.news-press.com/article/20110119/RE/101190387/1014/business/Banks-drop-foreclosures-in-Southwest-Florida
Hi
Has anyone dealt with Vanderbilt Mortgage? They have loans for manufacured homes, mobile homes, RVS. they do not offer loan mods ( would not do one anyway) and have a horrible reputation. Accusations of forgery, taking homes while people still in them (homes that are able to be towed away). This company is owned by Warren Buffet.
Their interest rates are very high, shark rates. Our loan was sold to them. Our origianl lender promised to refi us at 5-6% what ever the prevailing rate, they lied and sold us.
Long story, I am tryng to find other vanderbilt clients so we can get together.
Thanks
If you can find a good foreclosure lawyer who also does class actions, or is involved with a legal firm who does them you may have some benefit in collecting a group. Otherwise affiliation with others who are in the same state may be better. You do not say your state. Depending if your are in a judicial or non-judicial state your course of action will probably be diffrent.
We purchased our house in April 2000. The note was to Ameribank
In Dec 2000 there is an assignment to Wendover from MERS with the loan executed to Century South dated 10/2000 filed 12/2000
March 2001 Wendover gives it back to MERS
In July 06 we began receiving paper work from Beverley a paralegal with McCalla,Raymer LLC stating that they represented our mortgage company Crescent Mortgage.They needed us to sign limited power of attorney over to them to convert it to real property, We have never paid a payment to this company,
Now US BANK is foreclosing on our home. 2/01/2011
Who owns the loan? This is so confusing and we don’t know what to do.
If there is an attorney out there in Savannah, GA that will help us please contact me
Yes you need a lawyer. I suggest you DO NOT sign anything to help any party who is probably going to use that document against you or to FIX a problem they have.
Look at the public records in your county to figure out the RECORDED history of your mortgage.
Look at the documents you have to figure out the probable history of your mortgage.
Write a summary and get it to a lawyer who is skilled in foreclosure defense.
MERS cannot assign to Wendover as a “sole nominee”. Only Ameribank can do that. And MERS membership rules prevent them from assigning any prommissory note. They carry no insurance, so cannot be involved in a transaction of an asset. If your loan is securitized, this is a violation of the PSA, since each PSA has an assigned “Master Servicer” who is insured under the MBS. MERS is not. Find the PSA on the EDGAR filing. See who the insurer is. Give them a call and tell them you are giving them notice of the illegal transfer of the note, and that you will notify the SEC of a violation of PSA servicing agreement, to which you have suffered an injury from. Also, if it is a pooled loan, the transfer to Wendell outside the requirements of the PSA no longer allows the tax-exempt status of the trust.
Our battle has more to the story. The note is in Ameribank’s name but it was sold to Crescent before we closed ( We learned this at closing).
On Feb 1, 2011 US BANK filed an assignment/transfer from Ameribank to US BANK. Ameribank was closed down in 2008.
We have a letter from McCalla Raymer stating Crescent owns our mortgage dated 7/2006. This bank was closed last year.
A letter from US BANK dated 08/2011 stating that our loan was transfered from Wendover to US Bank 3/2002 and now an assignment from a defunct bank to US BANK in Feb
We have a copy of an email from Pendergast & Associated saying they were sending the note, we are still waiting 45 days later. US BANK said they were sending it in 30 minutes been 14 days.
Friday we received a call from the District Attorney & The FBI. They want all our paper work to see if there is fraud.
Tim you are working your hiney off helping all of us. I hate to ask but if there is any advice you can give on how to handle the FBI, I would greatly appreciate.
Thank You
Kay
Kay, if the loan was sold to Crescent before you closed, and the note was not in Crescent’s name, the note is void by operation of law. At the time you signed the note, Ameribank had no legal interest in the note, so was not a property party to it.
2nd, who did any assignment from Crescent to US Bank? The assignment to US Bank from Ameribank is void as stated in the previous paragraph.
Send a RESPA Qualified Written Request to Ameribank and Crescent asking for the dates of assignment and purchase between the 2 banks. Yes, I understand they do not exist. It is a formality. Send them to the address required under your note and/or security instrument. It should state the proper procedure under “Notice of Grievances”. Send certified mail, return receipt requested. It may come back as undeliverable. This is your proof that you followed the terms of the agreements. If you read your docs, they are required to give you notice if there is a change on of address to submit these notices. YOU ARE NOW IN FULL COMPLIANCE, THEY ARE NOT.
If you need to go to court, you use these to show you followed the terms set forth under the agreements to file a notice of grievance, and that Ameribank and Crescent did not “perform” as required. Your defense will be that Crescent was the true party of interest in the note, not Ameribank, and you attempted to rectify the issue in accordance with the agreement. Neither party has responded and are now defunct. You will then submit a “counterclaim” for release of the lien with clear and free title as a successor in interest exists does not exist. With that, you submit a motion for “summary judgement”, as the proper parties no longer exist, you could not ascertain that there was a successor, and therefore there no longer exists any obligations.
This throws the ball in US Banks court. Once they are forced to show the 2011 assignment from a bank that closed in 2008, The judge will probably issue a “Show Cause” order to US Bank. They will be ordered to show why summary judgement should not be granted. If they file an affidavit, it will be so outlandish that the judge will not believe it. He may grant you summary judgement giving you clear and free title to your home, with no mortgage payments.
Get an attorney, even if you have to beg for the money from relatives. You have an excellent chance, based on if your statements are accurate, to prevail. There is a fair chance that US Bank may not contest the issue, as every fraudulent exhibit they submit, exposes them to further liability.
Good Luck
As far as the FBI goes, stick to the evidence. Don’t complain that they screwed you. Show them the evidence, and provide a clear image to them of how the transactions occurred. There are specific elements that need to be met to charge somebody with a crime. As far as federal crimes, these can be found in the United States Code. The GAO has the codes online that you can view. If they ask you questions that “offend” you, don’t be. They are doing there job, and are making sure that you did not assist in the fraud. That is what they do. You can even tell them to view this website and the others we mention, to get a more clear picture of how this fraud works.
Look at the SEC litigation reports, and OCC reports, to see if any of these companies have prior actions against them. They may even have injunctions already in place. This would mean that they violated the terms of their settlement agreements, and opens them up to further prosecution by those entities.
You can also see if there are any civil lawsuits which allege the same complaint as yours. This would show the FBI that the fraud may be “systemic”.
They may not immediately take them, but keep them on hand, in case they do at some point. Also realize that they may not keep you informed of the investigation, and the larger the investigation gets, the longer it will take. They usually don’t do indictments or arrests until all the perps are identified.
Good Luck, let us know how it goes. If I can assist you through the process, just email me at tbryant80@comcast.net.
Wells Fargo had a Final Summary Judgement in 2007, however they kept delaying the sale. Then in 2010 they filed an Amended Motion for Final Summary Judgement which went through. I heard there is a one year time frame to contest the validity of the Foreclosure based on Fraud (which we have the infamous Cullaro and Xee Mousa as well as others). I’d like to know if the one year is based on the Original Filing or on the Amended Motion? It is based in Florida.
Contact an afforable attorney ! That’s an attorney who “Gets It”. They may tell you something about the “Amended Motion for Summary Judgment” time frame, if any. Get yourself informed. It’s the only way to continue fighting a foreclosure. Read about the Ibanez/LaRace court decision in Massachusett (last Friday). It’s about STANDING and the securization process and TITLE.
You do not state what state you are in. In Florida the time runs from the last judgement in the case. If your motion is over newly discovered evidence, made under something like rule 1.540(b), then you best have it filed and docketed before one year from the judgement expires !! – But even then you can have it denied if you did not file it in a timely way after you discovered what ever it is that gives rise to your motion.
I am not sure that they could have moved for an amended final judgment in 2010 when the Final Judgment became FINAL in 2007. The only thing that would have been proper would be for them to make a motion for the final judgement to be vacated, and then they would probably have been ordered to RESERVE you with a revised complaint.
Just as you have a limit for appealing or reversing or changing a summary judgement so do they. If their judgement was final in 2007 how did they get it back before the court for revision ?? Under what rule or statute??
You NEED a lawyer. The questions I would have are:
(a) Was it improper to ask for a revised final judgment after the prior one had been final for a couple of years at least.
(b) Is the second revised final judgement valid at all?
(c) do you attack the revised judgment on procedural grounds – something like court no longer had jurisdiction to amend since judgement was final and recorded – AND / OR do you attack it for being invalid based on newly discovered evidence or something under rule 1.540 ?
Get your court file in order (full copy of every document indexed just like the court’s docket sheet) you should have most of them but get from court copies of anything you don’t.
Put index tabs on key documents, like complaint, first summary judgement, motion for revision of SJ and revised SJ.
Do a summary of what you think the issues are. Set as simple bullet points – ONE PAGE ONLY
Then you are ready to go interview some foreclosure defense lawyers.
I suggest putting your file in order and bullet pointing possible issues BEFORE wasting lawyers time which you will probably be paying for.
Get thee to a lawyer, or five. Interview a few. Have someone go with you to take notes, so you can think and talk and they can make the notes (just much simpler that way) and afterwords the pair of you will retain more of the information the lawyer gave you.
Yes, I had indicated in the last line that it is in Florida.
Thanks to the 2 comments. Ice Legal has agreed to represent us. I am hopeful and will keep you posted.
Please talk to the user on the Hamlet called Shirley Jones. She has had TWO summary judgments overturned. One looks a bit like yours may be.
I think she also has some suggestions on representation and how to prepare attorneys for effective for SJ reversal.
The 1 year time does not start “tolling” until you become aware of the fraud. If you just became aware of the fraud, you are within the 1 year timeframe.
Listen, GEORGIA PEOPLE If you have Bank of America as your servicer, you need to understand they are not going to give you a permanent home modification. PERIOD.
Save those payments & get an attorney!!!!
They are going to continue to suck you dry & move in for the kill when they think they have you broke.
Their Number one rule to qualify for their home modification is you can’t be late on your payments to qualify.
They are suppose to tell you if you qualify in the first 3 month trial period. They are stealing from you!!!!!!
If your loan come from Countrywide they do not have a SECURED NOTE!!!! They want you to leave your house.
Their own employee has testified in court that their practice is not to send any notes to the trust.
You don’t have to pay them a dime, must less beg them to modify. If you are wanting to pay someone, pay somebody that is actually going to help you!!!!!!!
I have a lot of information that might help you if you want to e-mail me. sonya36767@yahoo.com
What about modifications created by the Ocwen Mtg Servicing Corp. who are supposedly servicing Wells Fargo on behalf of a Trust benefiting Deutche Bank? I don’t feel right just sending money to folks who will not provide me with any signed documents nor at least respond by e-mail.
Who are some experienced foreclosure fraud or assignment fraud attorneys in the the Atlanta are who have successfully represented homeowners in this “non-judicial” state? How can one seek to settle for a lump-sum, reduced principle amount with the “real owner/investor” without being told one can only work with the loan servicer?
I’m convinced that an investor is much better served by accepting 50-60% of the principle amount than risking that I will not default again (even in the near future) or for 20plus years hereafter and have to foreclose when home prices are plummeting and hyperinflation is possible.
Paying off in “cheaper dollars” over several decades might be “good” for me if I (as a 66 year old) with limited retirement income, but… An investor getting a “present value” as a payoff from my obtaining a Reverse Mortgage should be far more preferable financially and will get the investor “off the risk” of my “toxic loan”….. I just cannot get to a decision-maker for the investor that does not have the “conflicting but vested interest of the servicer of my mortgage.”
Write to the trust and have them explain how you owe them any money if the debt obligation was sold “without recourse”. If they say based on the MERS security instrument, ask them when MERS assigned, sold, or transferred their interest to to the Trust and it’s certificate holders. If they say MERS remains the mortgagee of record under the security instrument, remind them in that case, the sale was not completed “without recourse”, and in fact has not been perfected in accordance with the PSA. If they give you a hard time, tell them you will file an SEC complaint for a Violation of Fraud in connection with the Purchase and Sale of Securities, section 10(b) of the Securities Exchange Act”. AND THEN FILE THE COMPLAINT WITH THE SEC.
hi all i have a wells fargo loan waiting 6 months for a home mod. i get calls stating they have all the needed paper work and still nothing. i get a call 1 mo ago from my “home preservation specialist’ aka “loan negotiator” her title changed over the past 6 months. that “someone” got into her computer files while she was off and “pushe” my application foward to the next “cog” she went on to say that i would not underst and what a “cog” is, and that it means my loan was pushed foward before it was ready and if she did not fix it i could be denied. well i have not heard form her since. whats my recourse here if wells fargo forecloses on me. can she be “telephoned” deposed because she is in anpther state. “who” accessed her private computer account. please help jodiandre@yahoo.com
The more American homeowners lose, the greater some bankers profit. Logic dictates that banks would want to mitigate their losses and resolve troubled loans with borrowers. But the reverse is true for those bankers who bet against the bonds backed by American families’ homes and who make even more as the bond values plummet. Unwittingly, millions of American families became racehorses on the subprime racetrack. By saddling the horses with as much debt as possible on terms that made the load increasingly overwhelming to burden, there was little chance of anyone crossing the finish line. Even so, bankers gussied up the horses and took wagers from unwitting MBS investors such as pension funds and smaller banks all under the noble pretense of providing homeownership opportunities for all. And in the backroom, Goldman Sachs, Deutsche Bank and Paulson & Co. were betting billions that homeowners and MBS investors would fail spectacularly.
Now millions of families are falling apart under the burden of failing in a game they could never have won. Admirably but foolishly, some of the families borrowed from friends and family, took on second and even third jobs, and ran themselves to exhaustion trying to find a stride to the finish line. But the incline on the track increased with each interest rate adjustment, and the track at points became as steep as that of a mountain pass in the Rockies. At this point, government officials feigned assistance by designing a program in which they promised to level off the track by temporarily reducing interest rates, but only if the nearly-exhausted families could prove their worthiness through a three month “trial”.
However, when the incline remained intense even after the first three months, they were cheered on. “Just make it a few more months and then you will reach the Promised Land”. That was the message, yet the Promised Land remained an illusion for 9 out of 10. The survivors did not fare much better. They were only allowed to continue the impossible journey if they were saddled with even more debt and forced to remain in the race an additional ten years. Ultimately, there will be few if any survivors. Instead, the wreckage is immense, with families crushed, divorced, homeless, and/or staying in the basements and garages of friends and family. They are drained physically, mentally and financially.
Equally bamboozled, the pension funds and smaller banks lost billions on their bets. Much like a nerd who thought he was making friends with the football team, M&T Bank ponied up $82 million to Deutsche Bank in February 2007 to invest in Gemstone VII, a bond issue backed by subprime loans. Internal emails from Deutsche traders at the time referred to subprime loans as “the plague” and stated “these bonds are going much, much lower.” Still, they pretended to befriend M&T, took their money and betrayed them. Ten months later M&T had lost 98% of their investment, whose value had dropped to just $1.9 million.
Tragically, American International Group insured many of the wagers made by Deutsche, Goldman, Paulson and others. In late 2008, AIG had insufficient funds to cover the wagers and the federal government bailed out AIG, including $800 million earmarked to pay Deutsche Bank for their winning bets that American families had failed. Thus, in a true molestation of American capitalism, the families who had struggled and lost were made to pay those who made the twisted bets against them. To make sure they did not get caught, these Wall Street titans infiltrated the enforcement positions at the Treasury Department and Securities & Exchange Commission. Most notably, SEC enforcement Chief Robert Khuzami was lead attorney at Deutsche Bank and signed off on Gemstone VII and hundreds of millions of soured subprime bonds. As a result, they get to keep their ill-gotten loot by paying protection money disguised as campaign contributions, gifts through lobbyists and a paltry fine here and there. So, when your servicer tells you they lost your paperwork for the fifth time, denies you a modification even though you have made a year’s worth of “trial” payments perfectly on time, or even denies a short sale and proceeds to foreclose and then sell your home as REO for a lot less money, recognize that your banker may succeed the most when you lose the most.
Title Issues:
Recording date 11/02/10 page 0862 Notice of pendency of action was filed in Sacramento County with the recorders office. The civil case 2010-00072319 was dismissal without prejudice, it now becomes an aiding and abbetting, illegal foreclosure, eviction and sale.
GMAC relied on MERS, which is a software that EDS (at one time a General Motors company)created for the mortgage industry. In order to be valid the assignment must be recorded California Civil Code 2932.5
I can file suit under the fair debt reporting act.
Recording date 10/22/10 Buyer Name Lorenz William H. price 160, 000.
Document # BK-PG 20101022-1257 document type: Grant Deed
Seller Name GMAC Mortgage LLC
The only one time a attorney actually signed for gmac was Jennifer Vizgirdas, from the LPS Default title and closing. A division of LSI Title Agency Inc.
Legal Description Lot 95 Map Ref MAP5 MB 125
City/Muni/Twp Elk Grove
Prior transfer:
Recording date 02/16/2010 Buyer Name GMAC Mortgage LLC price 184, 500.
Document # BK-PG 20100216-1086 document type: Trustee’s Deed
Seller Name Lawson Timothy L, Lawson Genevieve P
Legal Description Lot 95 Map Ref MAP5 MB 125
City/Muni/Twp Elk Grove
Foreclosure Record:
Recording date 01/11/2010 Notice of Sale, (aka Notice of Trustee’s Sale)
Auction location 720 9th Street Sacramento CA
Document # BK-PG 20100111-0257
Foreclosure Record:
No one has the right to claim ownership of something and foreclose in the same month, date and year.
Recording date 10/09/2009 Document type: Notice of Default
Beneficiary Name Proffer Financial
Trustor Names Lawson, Timothy L; Lawson Genevieve P
Trustee Names ETS Services LLC
Was signed by a Trustee Sale Officer Geoffrey Allen with ETS Services.
Recording date 10/09/2009 Document type: Substitution of Trustee
MERS Mortgage Electronic Registration Systems Inc. as nominee for Proffer Financial was the original beneficiary under the said deed of trust dated 5/15/2006 and recorded on 5/24/06 as instrument no in book 20060524 page # 0324 of official records in Sacramento County.
Was signed by an Assistant secretary Cindy Sandoval from MERS.
Recording requested by LSI Title Company Inc.
Beneficiary Name ETS Services LLC
2255 North Ontario Street, Suite 400
Burbank, CA 91504
Document type: Substitution of Trustee:
Recording date 09/01/06
Beneficiary Indymac Bank
Recording requested by: T.D Service Company
1820 E First Street, Suite 300
Santa Ana, CA 92708
From Commerce Title Insurance Co.
Was signed by an Assistant Secretary Gina Arreola in Orange County, CA
Recorded July 18, 2006 book no 20050729 at page # 0899 in the official records of Sacramento County.
The following is our response to a letter from GMAC As for the UD, the attorney that represented us Jonathan Stein, is now a part of a lawsuit filed by the AG for his part in a scam company US Loan Auditors that ripped off homeowners. It is very hard to cloud the title in a UD, when you can’t show the proof u need, they are very one sided (the banks). It only took gmac 6 weeks to sell that house because it was in mint condition for a foreclosure. Prior to the auction date 2/5/10 there was never any big yellow signs posted at the house.
gmac is not listed anywhere on the property profile for 8704 Milo Ct. Elk Grove CA 95624, yet GMAC shows up on my credit report when they were not involved in the transaction.
gmac failed to explain why we were denied a loan modification in Sept. of ’09. gmac already knows what type of loan this was, it qualified for a 30% principle reduction.
There still is no mention of the illegal foreclosure, gmac did not assign the mortgage and used mers to foreclose. Mers has no legal rights in the State of CA. gmac still has not produced the original loan docs, because they were destroyed by the banks to cover up their crimes. I have seen house of cards and plunder the crime of our time. Where does the ceo live? We would like to park our trailer at his house since we don’t have one anymore.
I am preparing to file a lawsuit against greenpoint, aurora, lehman brothers, gmac for aiding and abetting, illegal foreclosure, eviction and sale of our property. 9 out of 10 foreclosures are legal, ours was the 1 of many that were done illegally.
I went throught the same thing, kept paying they refused to send mod docs. Then i find out the title was screwed up, they couldnt forclose. Had an attorney said I could fight it for 10K i dont have. Got an offer from the tiltle company for 23,000. That would pay arrears. I was still upside down. Moving right now better to give up. This was in PA. Half the forclosure docs were screwy, and they were all signed by that Stephans guy tou know the robo signer. Good luck fight em they are crooks!
i live in new york our home was forclosed by jp mogan chase SN Servicing was the servicer and MERS has handled and processed all of the paper work in the courthouse please contact me and let me know if you can help i know that they took our home illegally and have all the paper work to prove it my family went through hell because of these places and i will do anything to bring this ti lite and hopefully prevent them from putting any other familys through what my family went through. thankyou
I have a question… How many public pension programs have been “investors” in the securitized mortages that are at the base of this fraud? Phrased another way, If this whole house of cards comes tumbling down, how many of the bureaucrats who are depending on their pension funds solvency will end up persnonally “paying the piper” for simultaneously lobbying for “cadillac pensions” and not doing their jobs relative to regulating the actions of the culpits?
Is this all intentional? Is it a calculated effort to turn the public employees of every city, state, and federal institution against the “land owners” of our nation…. Do they not see, that they will finally be the “victims” of this fraud?
For those of you who own real estated and vote in Florida, this information was just e-mailed to me:
Top GOP Leader Signals New Taxpayer Bailout of States
Enter Congressman John Mica (R-FL) to the rescue of overpaid, under-worked government employees! The incoming chairman of the House Transportation Committee, Mica is a powerful backer of continuing the Obama Administration’s backdoor bailout of bankrupt state governments.
This state debt nationalization scam is officially known as Build America Bonds (BABs). Its insidious effect is to enable financially reckless states to borrow even more from bond markets rather than be forced to address their bloated budgets.
Insolvent states such as California are enabled to pawn off their reckless decisions on American taxpayers through new markets created by these federally-backed bonds (taxpayers are on the hook for 35% of the lifetime interest payments). BABs implicit guarantee from Uncle Sam enables state governments to build their $2.8 trillion debt pyramid even higher – in concert with another $2 trillion in unfunded worker pension and health-care liabilities.
In December, Mica told The Wall Street Journal that “I can almost guarantee” that the program for subsidized bonds will be funded next year. So the federally-guaranteed muni bond market is set to expand, big time.
Of course, when it comes to future state government financial difficulties, many Republicans are likely to support back-door bailouts because the GOP has captured huge numbers of seats and majority control of many state legislatures (as well as governorships).
Bottom line: There will be massive pressure for the GOP to help their newly-won states avoid the messy accountability of bankruptcy, no matter the cost. This has massive implications for hard money investments since this new debt will ultimately need to be monetized through new money printing.
yes i know all about this but why doesnt our president, why are we left to clean up our own vomit
The investors will recover their money by the SEC. What will happen is that the seller of the MBS will be “disgorged” of the proceeds. However, there are a few interesting scenarios with this.
The first is, the debtor should be able to go after the investors “disgorgement” award. They purchased a debt obligation. If they recover, for instance, because a seller originated loans with an overvalued appraisal, then the debtor can recover with the SEC on the same legal principles. The violations do not say an investor has to be injured, it says “a person”.
The 2nd issue is, if a government entity was an investor, the true beneficial owner, how can they foreclose in a non-judicial state without due process and for value? This is a violation of the “Takings Clause”. It is the same law that prevents the government from seizing your home through eminent domain, with consideration.
I would argue that a government entity violates the Takings Clause just by purchasing an MBS. They are taking claim to your property, and the consideration is paid to the wrong party. I find this an interesting equitable defense from foreclosure. I have yet to see it, because all investors hide behind MERS. A subpoena duces tecum for a complete list of investors, served upon the Trustee would disclose this.
ANNOUNCEMENT: New Jersey investigates, prepares for remedial action, and probably will suspend foreclosure proceedings. Looks like tough action which is long overdue. Orders and rule changes:
Go to
http://www.judiciary.state.nj.us/pressrel/pr101220a.htm
and
http://www.judiciary.state.nj.us/documents.htm
My service provider says Fannie Mae is the trustee of my note. Is there any way I can determine what trust my note is in? I’d like to investigate the trust documentation but my service provider won’t tell me anything.
Are there any settled cases where the home has already been foreclosed and sold where the homeowner has sued a couple of years AFTER the fact? If so, what were the grounds of the suit?
You generally only have ONE year from entry of the judgment itself, to file a motion to setaside the judgment that ordered the sale of your home. If you can show you were never served with the
foreclosure complaint, and never filed any papers in the case, then you are not usually timed barred at all.
Does anyone know what it means if the min# on MERS only shows bank info from 2004 and it says ‘inactive.’?
It means that if you have an Attorney you should go to http://www.livinglies.wordpress.com and check out the securitization packages they offer to get more details on your loan and show it to your Attorney. Read more and don’t be kept in the dark about the foreclosure process. Let your Attorney know that you are updating yourself to the newest events in fraudulent pretender lender crisis.
Thx Eugene…will do.
I’m in California, already in foreclosure, trustee sale date January 19, 2011…we owe 100k more than what its worth, but we need to stay at least another 4 months so we can have money to relocate. We filed a chapter 7 to be able to stay longer, but i dont know if it will work….grateful for any advice…Carmen
Hi Carmen, I’m in Cali too. Our sale date was in July 2010. Although we did not file BK, we did file a TRO(temporary restraining order). Contact an attorney. This can also buy you some time.
We return to court Jan 14th. We are trying to fight this because we were in the process of doing a modification when they just sold the house. Don’t know if any of this applies to you, but you guys may want to look into fighting if it’s worth it.
Contact an affordable Attorney who “Gets It”(an Attorney who knows how to fight for your home against fraudulent pretender lenders). If you need more evidence, go to http://www.livinglies.wordpress.com website go get more information about securitization on your loan ( if appicable) . They have several packages that are affordable and I think will help you very much. Please, please , please read all of these comments and more on this website and other websites because they are here to help you the homeowner.
What county are u in? Find an attorney who will file a Notice of Lawsuit Pending, in civil court and with the county, it stops the pretender lenders in their tracks.
From what authority does a Circuit court Judge use to avoid compliance of Florida Rule of Civil Procedure 1.510(e) for the Plaintiff while also holding that Lee County isn’t adhearing to the rule? Isn’t this blatent disregard for due process and evidence verification cause for removal of the judge or dismissal of the case?
Thanks in advance to anyone who takes the time to read this – I am a new member as of today – joined specifically in hopes of getting some input. Bank is foreclosing – a couple months ago they filed the Assignment of Deed of Trust. I am 99% confident that the person that signed as VP of the Bank was not actually the person that they signed as. In other words – it was a forged Assignment. I say this because I was able to look at 25+ other assignments signed by this same Bank VP and all of those signatures looked identical – except the signature on my assignment. It was obviously a different person. The real Bank VP was either home sick that day, or at lunch, or in the bathroom – and one of their assistants or co-workers likely forged this VP’s signiture in their absence. It is obvious if you compare signitures. My deal is a can’t afford the house. Period. Already moved out. In fact I was completlyl ready to just let this go through the Foreclosure process until last week the Realtor who was trying to short sell the place called me with a short sell offer and in the process we figured out that this assignment was forged. So my question is – what is the best course of action. The house is scheduled to sell at auction next week. 7 days from today. But I have a cash offer to buy the house that I will gladly accept – but it is 1/2 of what I owe.
I figured if I just let the foreclosure go through and then after they take back the house if there is ever a State AG settlement fund set up I could submit my claim after the fact and try and collect a few token $$’s.
But now that an offer has been made to buy this place and foreclosure could be avoided through short sale I’m thinking I should contact the bank and inform them of their employees forgery (and the notorization of the forgery) and try and use this as leverage to get them to accept the short sale offer?
Any suggestions? Any experiences with similar situations? I have not had time to look through this website – is was suggested to me by another. Thanks.
Good Morning Tim,
I read your comment and it makes me realize how far I have come from where you are now!! We are all in the same process here…nothing makes sense, illegal activities are everywhere and still homeowners are talking to the banks!! THE BANKS WILL NOT HELP YOU TIM!! Calling them out on a forged Assignment is as much a waste of time as hoping the Goverment will help….there is absolutly NO help from those we think will…
My suggestion is to NEVER LEAVE YOUR HO– USE! In most situations, they do not own it to take it…Do Not Short Sale it!! You will be charged for the shortfall and if you are concerned about your credit, it’s already shot I’m sure.
The only way is to file a lawsuit and fight the bastards in Court! It’s not easy by any means and you really have to do it yourself because many, many, many Attorney’s still DON’T GET IT…they will pull every penny you have and leave you alone when it really matters!
Go to your local Recorders and get copies of every single document you can afford to buy….then call your Title Co (or any of them) and ask for your documents on all that they have…then organize them by dates and that should provide you with a clearer picture of what the bank’s have done. Then, my hardest suggestion I now extend to suffering homeowners just becoming aware of this injustice is to go into Court and sit there for as long as you can…you will eventually hear your story and if you don’t, go to another Courtroom…It is the best education you can give yourself because it will explain what the process is and what you need to fight…you cannot fight them without the knowledge you will need to get any relief.
It will take most of your time to fight them in Court, however, if you do not fight them…THEY WIN!!
Don’t go down without the fight of your life…otherwise, you will never be able to buy a house, your credit is shit and you left the house they probably don’t own….you will feel raped!!
Fight Tim…be strong and know there are millions of us in the same boat…
Good Afternoon Tim,
What’s your State ?
There are websites that can help you locate an affordable attorney that “Gets It”. If you really want to save your home, hire an attorney that may submit a Motion or a TRO that will give you time prepare and
access your options. You do have plenty of options available to saving your home. Not all foreclosure attorneys are attorneys who “Get It” (who try to save homeowners from fraudulent pretender lenders). Go to MERS, FannieMae and FreddieMac websites to see if your loan claimed by them. MERS will direct you to the owners ???? That’s a start. This websites and others put out great information to help you save your home.If you find out that your loan has been securitized, check out www. livinglies.wordpress.com.
They have several packages that may help you later after you STOP the SALE with an ATTORNEY.
START NOW ! Good Luck !
FLORIDA RESIDENCE, PLEASE BE AWARE OF THE FLORIDA MANDETORY MEDIATION PROGRAM THAT FLORIDA COURTS REQUIRE YOU TO ATTEND BEFORE THEY CAN PROCEED WITH THE FORCLOSURE OF YOUR HOME. THIS IS AN ABSOLUTE WAIST OF TIME AND SEEMS TO BE ON THE VERGE OF COLLUSION BY THE MEDIATION FIRM, COLLINS CENTER FOR PUBLIC POLICY, AS ONCE YOU SHOW UP FOR THIS “MEDIATION” TO SAVE YOUR HOME; YOU WILL BE INFORMED BY THE BANK’S ATTORNEY THAT THEY “DID NOT” RECEIVE YOUR DOCUMENTATION; THE BANK WILL TELL YOU TO RESUBMIT YOUR HEMP PACKAGE THUS ALLOWING THE COLLINS CENTER FOR PUBLIC POLICY THE LEAGAL RIGHT TO INFORM THE COURTS THAT AN AGREEMENT WAS NOT REACHED AND TO MOVE FORWARD WITH THE FORCLOSURE. I ASKED SUSAN AT THE MEDIATION; ” WAIT HERE I EVEN SENT ALL DOCUMENTS CERTIFIED SO THEY COULD NOT SAY THEY WERE NOT RECIEVED AND SINCE THERE WAS NO OFFER FOR AGREEMENT SHOULDN’T THIS MEETING BE DEFFERED FOR A LATER DATE.” AND WAS INFORMED THAT THERE IS NO BOX TO CHECK FOR FURTHER MEDIATION. THIS IS A ONE SHOT DEAL EVEN THOUGH THE BANK AND THIER ATTORNEY “DROPPED” THE BALL ON THE DOCUMENTS AND WERE NOT PREDPARED TO OFFER ANYTHING FOR THIS SO CALLED MEDIATION OF THE PROPERTY. I ASKED SUSAN IF I COULD WRITE A RESPONSE TO THE “NO AGREEMENT REACHED,” AND WAS INFORMED NO! THIS IS IT; COLLINS CENTER FOR PUBLIC POLICY GETS PAID EVEN THOUGH THEY ARE AWARE THAT THE BANK AND BANK’S ATTORNEY FAILED TO DO WHAT THE ORGINAL INTENT OF THE MEDIATION BILL WAS DESIGNED TO DO. SO TO RECAP, WE SHOWED UP FOR OUR MEDIATION WITH THE COLLINS CENTER, BANK AND BANK’S ATTORNEY KNOWING THAT THEY LACKED THE INFORMATION TO EVEN OFFER A SOLUTION. THEY HAD ALL DOCUMENTS SENT TO THE CERTIFEID MAIL BY ME, NO ONE CALLED TO INFORM ME THAT THEY, ONCE AGAIN, LOST THE DOCUMENTS, AND THE COLLINS CENTER GETS TO CHECK A BOX STATING NO AGREEMENT WAS REACHED. THE HOMEOWNER CANNOT RESPOND WITH THE TRUTH AS TO WHAT ACTUALLY TOOK PLACE IN THE MEDIATION AND EVERYONE IS HAPPY ACCEPT THE HOMNEOWNER WHO IS BLINDSIDED WITH THE COLLUSION OF THE THREE. UNBELIEVABLE THAT THIS IS GOING ON.
There is no way you will win with the BANKS or their Attorney’s. If you have not filed a lawsuit, do it now…if the Judge ordered mediation, file an appeal with that Judge. File a Complaint with the AG in your State…the more complaints on the same issues…loosing the certified documents you sent over and over and over…call your Congressperson….contact the TEA PARTY….yell as loud as you can and the millions of voices will be heard eventually…hopefully we will not be a homeless America by then but yell and fight!!
Yes, it is more unbelievable that this is happening in our Country…however, it’s a planned attack and we must get our focus on the fight…not the shock that it’s happening!
God Bless America!
I am waiting for a home mod with hamp through wells fargo 5 months and counting. i understand the inevitable. they want their 80% cut now from fannie mae. until the brakes are put on folks like me and my husband with good credit our whole adult lives will continue to be victims. i am trying to educate myself. i do not want to lose my hose but it may happen, i have to face the fact we are up against a bigger animal.
it scary and i wish we cam all be in one room together to hug and fight this disaster. i jsut do not understand how the courts the sheriffs are allowing this continue.
Call me asap please 9547124625
Larry: I am currently engaged in legal case to save my home from MERS, versus Chase Bank. We get our hearing in Yavapai County Court, Arizona, on Dec. 22, 2010. Am I eligible to join your Class Action Lawsuit if I am already fighting a fraudclosure case and have retained counsel already? Or should I wait for the outcome of my case first.
Debra, if you would send me your contact information, I will have a representative from the law ofice contact you to answer any of your questions.
Larry
T. Page says:
December 13, 2010
Had mortgage with Chase where I started the application for mod. loan. after sending & re-sending documents they ended up transferring my loan around the mid towards the end of Oct. 2010, to IBM LBPS, whom I’ve never heard of until they transfer my loan to them. I can give more detail at later date but for now thy did foreclose on Dec. 07, 2010 and believe me, we were hopeful right up till the very day or evening before the foreclosure was to take place the next morning. We were strung along and given false-hope throughout this process and this is one of the most unfair things I have ever heard of or definitely been a part of. It just so happened that I retired 5 day’s before the foreclosure (will also explain this in detail upon request).
Thanks,
Terry L. Page
Am in default on a BAC home loan of which the bank cannot or will not furnish proof of ownership or of standing. . . so, I am considering suing BAC. Does anyone know the address of BAC or BofA and names of officers with BAC?
check on your deed of trust for a MIN# then go to the http://www.mers-servicer.org punch that number in and see who the investor of your loan is also got to fannie mae loan look up tool and put your address in and see if fannie owns a loan on your home you can do the same with freddie mac also what state do you live in?
some states are judicial or non judicial non judicial all they need is a power of sale clause in the deed of trust in order to foreclose but in a judicial state they will sue you to foreclose and you will be time limitted to respond,so get your facts in order and if I can help let me know I live in a non judicial state and am preparing to sue Bank of america as we speak
Brian. . .am in same situation as you. . .would like to compare notes. . .deadline this week. . .e-mail address traber.lj@att.net. Larry
Read your monthly statement. It will tell you where to send inquiries. Remember, if you are in default with BAC, you must name them, not BofA. BAC might be the master servicer under the PSA, whereas BofA may not be involved at all. I know it sounds like it is the same company, but under the law, they are separate.
My loan is owned by Fannie Mae and serviced by PNC/National City. There is no assignment of mortgage on record in the county clerks records. In fact, there is hardly any assignment of mortgages in these records by PNC/National City but tons from other banks? Could it be possible that Fannie Mae is the investor and my loan never made it into MERS, the loan has not transferred to anyone else, and PNC is the servicer? Should I pinch myself?
Asking for “documentation of ALL payments you have ever made” in a QWR seems insufficient to me. You will get just that. Ask for the above, plus documentation of who received what % of each payment and who was liable for income taxes on those payments, ie., who was taxed on income from those payments as income on debt.
If tax law was good enough to get Al Capone, it ought to be pretty good here….
I am a strong proponent of using the power under RESPA ( Real estate Settlement Procedures Act) to submit a SUBSTANTIAL list of important things you want as part of the qualified written request.
Making the list both comprehensive but relevant to your specific case is crucial.
It is just as important that you:
a. indicate WHY you are sending it –by stating what you think is the problem with your file or what you
hope to accomplish
b. send it to the correct individuals(all of them, including any atty or judge involved in your case)
c. send it in the proper manner (certified, signature requested)
For general information there are several hundred entries on the web which will be valuable.
For some FREE advice from a an experienced consumer advocate, check out all related entries at:
http://www.HomeOwnershipMatters.blogspot.com
For a step-by-step tutorial on HOW to create a comprehensive qwr, with all the specifics you MIGHT wish to include, you may be interested in “Avoid Foreclosure Using a Qualified Written Request”. Available for a small charge at http://www.DovePublishingHouse.com. You can do it yourself and save thousands in attorney fees and still get the job done. Read the available preview and decide if it seems to be what you need.
Anything worth doing—is worth doing well.
Best of luck.
GEORGIA RESIDENTS, If Bank of America or BAC is trying to throw you out of your house…e-mail me and lets compare notes. sonya36767@yahoo.com
GEORGIA RESIDENTS:
Possible CLASS ACTION LAWSUIT
Is Bank of America trying to foreclose on you in Georgia?
Contact us & tell us your case.
sonya36767@yahoo.om
dfg@guldenschuhlaw.com
706-295-0333
Does anyone have more information on “Wilmington Fianace” -” CIT – Vericrest” or “Hal Artow ?
It would be much appreciated
Marty Kavicky
CT
GEORGIA RESIDENTS: If Bank of America has been trying to bully you out of your home. Sending Intent to Foreclose Letters & people to your home to check for occupancy even though your not late on payments, Putting a lender placed Insurance on you, charging extra fees on your escrow or anything else, making your payments late so they can charge you a late fee, etc.. Contact me, I might be able to help you. sonya36767@yahoo.com
I found this online for anyone interested in Citimorgage – MERS practice. Too bad they haven’t filed with the county records and paid the fees.
http://correspondent.citimortgage.com/calpers/CalpersServlet?PageID=GetSingleArticle&code=04-14
Q – I understand that the MHAP does not require you be 90 days in arrears, but that you have to be 30 days late for 3 consecutive months to apply. ( in essence – only 1 month late 3 consecutive times) On another note, I have a question w/regards to a “Produce the note” letter. Should this letter ONLY be sent once a foreclosure has been filed, or should people be doing this prior for the sake of safe record keeping?
Thanks!
Mortgage-trading system gets aggressive defense
WASHINGTON – Nov. 22, 2010 – The financial services industry has launched an aggressive campaign on Capitol Hill to bolster the legality of the way companies have turned mortgages into securities and traded them across the globe in recent years.
The companies have opened wide their wallets for lobbying and are flying top executives to Washington for one-on-one meetings with lawmakers. They are holding briefings for key staffers, including an event last week that drew more than 60 aides. And they are blanketing Congress with white papers, memos and other documents that lay out their arguments.
The focal point of their efforts is Mortgage Electronic Registration Systems, or MERS, the controversial, privately run electronic database that is used by practically every lending institution and investment company to track the transfer of the ownership of mortgages as they are packaged into securities and traded at lightning speed around the globe.
But MERS does more than just track the trading of loans. In the vast majority of mortgage documents at local courts and offices across the country, it is listed as the holder of the loans. That allows the financial industry to trade mortgages as much as it wishes without spending the time and money to refile the paperwork.
The industry is seeking legislation that would effectively affirm MERS’s legality and block any bill that would call into question what MERS does. MERS has spent more than $1 million in lobbying since fall 2008, when lower courts around the country began to rule against it. But MERS had kept its name under the radar until the recent uproar over foreclosures revealed broad problems in mortgage paperwork.
If successful on Capitol Hill, the industry could in one quick swoop make all lawsuits related to MERS across the country moot and remove one of the key uncertainties dangling over the mortgage industry. On the flip side, lawmakers could create a new federal registry, effectively killing MERS’s business and forcing the industry to submit to greater oversight.
In recent years, MERS has become the target of numerous legal challenges from homeowners in foreclosure who allege that mortgage transfers made through the system are invalid because they bypass local recording laws. MERS, the lawsuits contend, does not have standing to foreclose because it is only a database and not the actual holder of the mortgage.
The liabilities could be astronomical for MERS. One lawsuit in California alone is seeking recording fees that could cost the company from $60 billion to $120 billion. But the consequences for the financial industry are even greater, as challenges to the validity of transfers done by MERS call into question the entire process of how loans were securitized and could render the 66 million mortgages in its system foreclosure-proof.
In the wake of such controversies, lobbyists for Reston-based Merscorp, which runs MERS, have been floating the idea of legislation that would establish the firm as the national registry to track the transfer of mortgages.
The MERS database “is a powerful tool that can be harnessed by the Congress and the industry to improve the mortgage finance system,” R.K. Arnold, Merscorp chief executive, told members of the Senate banking committee this week.
Tom Deutsch, deputy executive director of the American Securitization Forum, an industry group that defended the validity of MERS in a recent paper being circulated on Capitol Hill, said establishing a centralized tracking system would resolve much of the confusion resulting from the patchwork of local laws governing mortgages and their transfer.
“There’s a lot of validity in the idea of a national mortgage registry that is complete and unambiguous about legal title to loans across all 50 states,” he said in an interview.
In its paper, the forum argued that although there have been “several minority decisions” in the courts that have taken issue with MERS, “not one of these decisions has challenged MERS’ ability to act as a central system to track changes in the ownership.”
Consumer advocates say such legislation would retroactively bless all mortgage transfers made through MERS – and eliminate one of the strongest legal arguments that homeowners in foreclosure are using to challenge their cases. There’s also concern among state officials that such a bill might permanently remove some of their power over property law and place it within federal jurisdiction.
Some of the advocates are referring to the idea as the “great MERS whitewash bill.”
“Fixing MERS on a federal level to give them a free pass from complying with what we have known as the law for many years because the banks screwed up is really a bad precedent,” said Ira Rheingold, executive director of the National Association of Consumer Advocates.
The industry is also facing skepticism from Democrats such as Rep. Marcy Kaptur (Ohio), who is known for her strong opposition to the federal government’s bailout of Wall Street.
Kaptur plans to introduce legislation that would prohibit government-controlled mortgage financiers Fannie Mae and Freddie Mac from buying new mortgages that are in the MERS system. “It was invented by the most powerful financial players in the country while regulators were asleep at the wheel,” Kaptur said in an interview.
Kaptur is not opposed to a national system for tracking mortgages. She’s asking the Department of Housing and Urban Development to study how a federal land title system could operate in a way that would protect states’ rights. But she said there needs to be more transparency and regulatory oversight over such a system.
John Taylor, head of the National Community Reinvestment Coalition, said he, too, supports the idea of a national tracking system because it could force the industry to be accountable for mortgage paperwork. But he doubted whether MERS could fill this role.
“MERS was the personification of the darkest period of American finance, where Wall Street dictated to people in the real estate world the fact that they didn’t really care about underwriting standards anymore,” he said.
Lobbyists working for MERS include people who were prominent legislators or federal officials: former U.S. representative Bob Livingston and his former chief of staff, Allen Martin; John M. Duncan, assistant secretary of the Treasury for legislative affairs in the George W. Bush administration; and Arnold Havens, a former general counsel at Treasury.
MERS is also under scrutiny by the Office of the Comptroller of the Currency, which oversees national banks. The OCC is taking the lead in an interagency examination of MERS and the accuracy of the information in its database. The agency is also sending personnel to look at the foreclosure process at large mortgage servicers and how they use MERS.
Copyright © 2010 washingtonpost.com.
And the knife (fraud) cuts both ways… in fairness (back to that integrity thing) this just in from my community, and Justice was served. Rules are enforced. Nice work Idaho. http://www.idahostatesman.com/2010/11/29/1436711/another-person-sentenced-in-treasure.html
Trevor, with all due respect, what’s with all the unrelated videos you’ve posted? And why do you keep going on about what you would teach all the 3rd graders of the world? We are NOT 3rd graders! Maybe you need your own blog…?
This is an email I would like to send to PNC, the foreclosure attorney and HUD Councilor, but I am worried about giving them to much info? I would appreciate anyone’s input
Below are clips of information I have gathered from the Secretary of State, in Ohio, the state in which PNC is headquartered.
The notary that signed my Substitution of Trustee, from RIck Pill, to Vance Golden, is Lori Ann Wysong. I looked her official signature up under the county she is registered (Montgomery) and the signature on my documents does not match her official signature. (I have copies of all signatures which I will forward upon request)
I posted her signature on 4closure.org and many people posted her signature as well. None of them match.
Therefore, I have a huge concern over the validity of this document.
I understand that I am in the temporary period of the trial modification, but last week my husband caught someone on the edge of our property, taking pictures. Foreclosure still looms over our heads, and according to the court documents I have been reading, regarding the foreclosure mess, people who are making trial payments are still getting foreclosed on.
I would like reassurance from PNC, that this will not be the case. I have asked for the NPV value in a previous email and now assurance that my documents have been verified, income etc. and that if we make all the trial payments on time, we will have a permanent modification. And if we get a permanent modification, I will require a document stating all fee’s, escrow analysis, etc, on how the money has been applied and how much will be added to the back end of the loan.
I feel in light of the current situation in the foreclosure mess, we find ourselves in a vulnerable situation. We do not want to loose our home, and will make every effort feasible to keep it.
Please advise, and copy my HUD certified councilor on all emails, Jackie Goff – jgoff@criss-crosswv.org
Thank you for your time
Secretary Brunner made the following statement on the situation:
“Mortgage foreclosure documents must be notarized according to the
law. Requiring this is not an afterthought or an exercise of form over
substance—the law must be followed when taking away someone’s home,
regardless of the circumstances.
REFERRAL OF CHASE HOME MORTGAGE AND MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. TO FEDERAL PROSECUTOR: Secretary Brunner, in two letters
dated Aug. 11, 2010 and Sept. 1, 2010, referred matters of alleged
notary abuse in thousands of home mortgage foreclosures by Chase Home
Mortgage and the Mortgage Electronic Registration Systems, Inc. to
U.S. District Attorney Steven Dettelbach in Cleveland. Citing two
depositions, (one & two) of Chase employee Beth Cottrell, taken in
Columbus in May of 2010, and a deposition of MERS Secretary and
Treasurer, William Hultman taken in New Jersey in April of 2010.
These depositions contain sworn testimony that at Chase Home Mortgage,
18,000 documents per month are executed and notarized per month by
eight people, with admissions that:
1. it is the notary and not the document signer who gives an oath
who fills in numbers in the affidavits used in court ordered
foreclosures,
2. no oath is administered for the signing of each document,
3. notarized documents are not verified by the person signing and
giving oath that they have personal knowledge of the contents of the
documents, but rather, signers are relying on verification by others,
4. documents are signed in bulk and notarized in bulk separately,
5. notaries know this at the time they notarize documents in this process.
I would contact your AG Office tomorrow and then I would contact the FBI and possibly the Dept of Comptroller if PNC is Nationally Registered, and I suspect they are. Establish your complaints and suspicions. . . I know I type a lot of blah blah here but seriously, you need to document/report if you suspect fraud. Lori Ann Wysong may or may not even know if she is or is not part of series of white collar crimes that may or may not have been committed. Like Reagan was known for, ‘trust but verify’…. establish evidence. . .
I would reach out to Lisa, maybe a TRO is in your future. Maybe they, PNC, gets it and will work with you to establish a reasonable cure period. … Best of luck. T
I saw a posting before about filing a TRO and a LIS PENDENS if there hasnt been one,
I hope that will work for Lisa
Jackie, I am not an attorney, just a regular woman who fought off my mortgage company in foreclosure court for 11 months in 2008 before they eventually wore me down. If I had known then what I know now (as more aspects of fraud have come to light on top of what I was already aware of then), I would have WON. I still have not given up the idea of suing them and have filed a case with the Florida AG.
That being said, if I were in your shoes, I would keep the letter short and sweet, and if you want to send an email, make sure you also send a letter via CERTIFIED MAIL with SIGNATURE DELIVERY CONFIRMATION so you have proof that it has been received. Honestly, if I were you, this is all I would say:
Dear PNC,
I am a very astute and informed homeowner who keeps up with all the latest news, hearings, and discoveries of fraud in the foreclosure/home modification debacle occurring in the US today. You have told me that I will be given a loan modification. You and I both know that millions of American homeowners have been told this by their banks, only to be foreclosed on after all, with extra fees in the process as well.
I do not know what you are planning, but I have seen someone on the edge of my property taking photos of my house. I can assure you that I will use every legal remedy available to me to stop you from foreclosing on my home illegally and fraudulently. Be prepared for a long and strenuous case in court if it comes to that.
Please know that I am also aware that your notary is an infamous robosigner. I have proof of this in my possession. I will most certainly include this proof in the discovery process if you attempt to fraudulently foreclose on me after making a show of dragging me through the modification process.
I expect a response from you within ten days from the date of this mailing or I will get a Temporary Restraining Order against you. Furthermore, at the first sign of defrauding me in the loan modification process, I will file suit against you.
Please also note that I am sending a physical copy of this letter to my state’s attorney general’s office and to (and fill in the names of any other officials you want to include).
(and then type your name here and sign above it, and then underneath that type):
I certify that on this ____day of November, 2010, I have mailed a copy of this letter to (put the name and address of your contact at PNC) via Certified Mail with Signature Delivery Confirmation.
that sounds better, thank you so much,
and I have filed complaints with
1. OCC
2. Hamp escalations division
3. SIGTARP
4. Attorney General
5. Congressional Oversight Panel – Which I did get a response from Ted Kauffman
6. FBI
Plus I have a HUD councilor, and a direct line to loss mitigation in PNC, her name is Shelly Patton. She actually gave me her email address so I email her, the foreclosure lawyer, and my HUD councilor all together.
I contacted state officials in West Virginia, and numerous attorneys that will not take my case. Our state is out of the loop on this one? I have been told by a few attorneys that I know more than they do? yikes….thank goodness for these blogs, I have read and looked up links, and investigated things that I have read on here.
I have done everything I can think of? The sad point of all of this is that we only wanted to re-fi to a lower interest rate and PNC advised us to let our mortgage go 2 months deliquent and we would qualify for a “no closing cost’ re-fi? and here we are knee deep in bull..you know what
If you have not already done so you also need to send a comprehensive “qualified written request” which is well thought out and tailored to your specific needs.
First, do some general research on the world wide web for “qwr’ or “qualified written request”.
Then, search http://www.HomeOwnershipMatters.com for some clarity.
If you need some concrete help with HOW to prepare one you can get some specialized help by purchasing
“Avoiding Foreclosure Using a Qualified Written Request” for a small fee at http://www.DovePublishingHouse.com.
I strongly advise you to use this tool immediately. It is a good idea for ANYONE in default to use the qwr as a way to use a federal law to give you the authority to :
a. demand your note
b. demand an accounting of fees, etc
c. ask for documentation of ALL payments you have ever made
Send certified mail, signature require, demand answers and put the bank in a position where they will be forced by law to comply.
Don’t ask; demand with authority.
You may (probably won’t get what you asked for). You will for sure get their attention and put them in a position where they will be willing to work with you since they will feel uncertain of your next step. If they don’t have what you are asking for with federal law as your back-up, then them are:
less likely to proceed to foreclosure, and
more likely to act reasonable.
Give it a try; it has worked for hundreds of folks in my foreclosure intervention training classes. In fact, no one has ever told me it didn’t work
This morning, we were just granted a TRO against Fanniemae until middle of Jan. I now plan on researching to find out who really owns our note and getting all evidence together to continue fighting.
Lisa,
You rock. Period.
Not for standing up for yourself, but for coming back to this Community Wall and saying “we won”. You came back to say to share the news with others – that is what this is all about.
I would be VERY interested if you could share with us a small write up… I mean did you file a formal complaint with your AG? Did you have time to file with the Courts before your Hearing? Was the Judge informed? Could you share the demeanor of the Bank’s representatives (assuming Counsel). What I would have given to be a honey bee on that wall?
Congratulations for standing up for your Rights, which as said before, are a small slice of our Rights.
What great news…. really.
Now remember, CSPAN will air the next round of Geithner lead updates the first week of January. It will air in the middle of the night so as ‘not to wake everyone at once’ and this update will hold information that the Judge will expect you to call out to the Courts….he/she cannot say that he/she is asking for this but suffice it to say if you Hearing was moved to early Jan, try to ensure that it is AFTER the CSPAN updates – as far AFTER as you can land – the Courts are likely acquiescing to the Federal Government, specifically the Executive Branch (the Obama Administration) and the Justice Department with litigation that may make its way to the Supreme Court – in 2010 anything is possible. Fascinating. And you (we) are part of it, also fascinating. . .
I think today’s secret word shall be:
ac·qui·esce /ˌækwiˈɛs/ Show Spelled
[ak-wee-es] Show IPA
–verb (used without object), -esced, -esc·ing.
to assent tacitly; submit or comply silently or without protest; agree; consent: to acquiesce halfheartedly in a business plan.
Now please tell me you will have a mini celebration in your home tonight, a beer, a toast, a candle, something – pause and cheer. You can call me crazy (and it wouldn’t be the first, or last time I will hear it) but let the house know you are fighting to save it and you just might be surprised to know that the house/townhouse also knows….let “it” know you won today, share in the good news.
What you did today, in the hillbilly vernacular ‘aint nothin’ or said alternatively, IS SOMETHING. No I am not a HB.
Lisa, you stared down a freight train this morning and forced it to stop. I am thinking of that scene many moons ago when a student stared down the tank in T Square, with the entire world watching. In so many words, you did the same today. And you will not end up in some imprisonment as a result, welcome to America 2.0. We still got it. Right on!!! – 777
ps- Mrs. Clinton is on a flight as I write this, travelling many miles to see and visit people who aren’t sure what the United States thinks of them, or worse, is certain that the world will see what the United States thinks of them… and it might not be flattering. Think of it like a Dancing with the Stars final score….. drum roll……… and it is unsettling.
Will the world read that someone (maybe even her) said things about them that are embarrassing, shameful, damaging….. oh this is a day for our planet for sure. Silver lining? go back to what worked, like the County Recording and $25 per fee, slow and consistent, rules by which we do business…. or in the world of Foreign Policy, be truthful, say nice things, trust those who trust you, and most of all, remember what we were all taught in the 3rd grade (go back to what worked), if you can’t say something nice about someone, don’t say anything at all…..
Like the impending M.E.R.S. meltdown, this foreign policy mess could have been avoided – can you imagine if the cables held flattering comments about World leaders? What if the King of Saudi Arabia was called brave, noble, generous and a pleasure to be around. A real asset to humanity…. you get the idea.
Overnight our relations would have strengthened. . . you get the idea. The Universe rewards the lighter side of Sears…. (wink). It rewards the species that gets along….. tolerance, coexist, respect ALL. Compliment in public, admonish in private (just not so private that its secret…, over a drink, or cup of coffee, over a beer, in private……….think President Obama over a few beers during the Boston Cop / Professor debacle, it can be done. I am sure the first words out of his mouth were, you both *&^$# up, smile and let’s get through this, please……thank you).
Those words, p & ty still work too by the way. 3rd Grade Wisdom. . . . .
Now if Hillary happens to see this, have her please stop embarrassing our Country further, have her wear a public button or pendant of shame and have her promise to pull out the 3rd grade moral code and write on chalkboards in every Country, in front of 3rd graders, in English but first in the Country’s language.
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all………….”
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all…………. ”
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all………….”
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all…………. ”
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all………….”
“If I cannot say anything nice about someone (especially world leaders), I will say nothing at all…………. ”
7,000,000 times….. or 14,000,000 if you consider the other language as a separate effort. Separate but more important to the healing process.
She has a ton of nation building to do, again…. Our castles were made of sand, our diplomatic ties fragile. . . and last night they were washed away. foreclosed upon.
Oh and the NYT received ALL the cables so more than anything, the fear of the unknown is what will make this a challenge for her. …. Ah, could someone ring the flight attendant, there seems to be draft on the plane. . . . .and I thought it was cold in City of Trees today. Brrrrr…..
Change happens folks and Lisa stopped a freight train. Mr Builder if you are out there and you helped too, feel good – nice work. It takes a “digital” village….
pss – I would not be making fun of Kim Jong il (in his five inch heals) even if it is funny.. I just wouldn’t.
It’s called having respect for the ‘other’….
namaste. -777
The other golden lesson I would teach 3rd Graders Worldwide:
Just becasue you CAN, doesn’t mean you necessarily SHOULD.
“vivre la differance” / “no fighting” / “mir” / “peace” – the message is the same….see Hillary is teaching the Village, the Global Village. If you can’t be a good example, be a very bad one. Teach.
miracles happen everyday………. another 3rd Grade Golden Rule.
This just happened today…….. think about this for a second. Museums are happy if they have (one) Picasso….. who knew? The Planet’s hidden museums… they are somewhere. Ha! I love it. . .
http://www.cnn.com/2010/WORLD/europe/11/29/france.picasso.works/index.html?hpt=T2
Then I would ask her to write:
” I will not commit espionage or ask others to do the same, especially the people working for me.”
Call the White House or check out their email/contact page. I just suggested we replace Mrs. Clinton as Sec of State, this is too much – if true. Hillary, say it isn’t so…..
“Excuse me King, is that your frequent flier number on your suitcase there…., or, no really King, put your credit card away (after I make note of the number), I got this round…”
WHAT THE DOCUMENTS SAY
Espionage
– Sunday’s release of diplomatic cables include what seems to be an order from U.S. Secretary of State Hillary Clinton to American diplomats to engage in intelligence gathering, directing her envoys at embassies around the world to collect information ranging from basic biographical data on diplomats to their frequent flier and credit card numbers.
– The State Department denied its diplomats are spies.
Trevor, first off thank you and Brian…you have been very encouraging & HELPFUL to say the least. Today was a small victory, but a victory indeed. I sense there is still an uphill battle. Here’s a short version of MY story, that I’m sure is very similiar to many:
We have not paid our mtg in over 2 years, not because we are deadbeats, but because my husband lost his job. We went through savings, ran up credit card balances, 401k, home equity loan & the only family member that could help-my mom just to stay afloat. Surely, there would be another job on the horizon soon, right? NOT! We literally had NO income(and to this day I thank the Lord for sustaining us).
I should note that my husband is now an attorney(a babe among wolves). He had just passed the bar May/June of last year and we breathed a breath of fresh air thinking “finally income” After countless resumes, networking everything imaginable-absolutely NO jobs offers. Keep in mind, I had been fervently searching for work as well. Hubby finally decided to take the plunge and work for himself.
The tide started to turn for us. We finally had some income! We had always communicated with ACORN(when there was no money and when we had some savings), immediately contacted ACORN again to start mod process.
In Sept 2009, Acorn was able to postpone sale date, but remember we still had no income. Early this year, we filled out HAMP via Acorn, sent them over 50 pages of financials SHOWING the income. In June/July ’10 we got notice of default notice, soon after 3 day pay or quit and a month or two later the lawsuit against us.
One of our contentions is they DID NOT even look at our HAMP app, never replied and foreclosed in the middle of everything. So we gave an answer to their complaint and filed a demurrer(which we knew wasn’t going to work but to buy time). We then filed lawsuit against Fannie, Mers, Deustche Bank, Fremont Investment claiming fraudulent practices, et al( I dont have complaint in front of me now).
Of course, their answer to this is they own the note and they have right to foreclose. We files tro last week so that we can relate the cases(I’m not using all the technical terms correctly).
Fannie’s atty showed up and the argument was ‘they haven’t paid in over 2 yrs’. Hubby’s argument was we were in middle of mod and they did not properly follow HAMP procedures and that title is clouded. Hubby says that the judge initially was going to deny tro stating that none of that matters because you are still in DEFAULT, ou have made no payments in 2 yrs. My hubby kept making the case and judge granted it.
No, he was not able to file complaint before court nor a formal complaint with AG, we will do that now.
ever notice sometimes when you’re driving, you look up and see a little bird chasing a much bigger bird away…. sometimes the little bird wins
. . . and I smile.
M.E.R.S. – It’s Not a Planet
City of Trees 11.28.2010 – Trevor Hitchin
I would like to ask that you read the message below, with a slow eye, until it makes sense. Then read it again.
At the end of the day, M.E.R.S. is not a planet, it is a Corporation, born in Delaware, United States not too long ago. It doesn’t have tentacles, it can’t come out from under your bed at night, it is just a Tax ID number like you and me, staffed by Americans like you and me…. Again, it is just a group of men and women using telephones and computers to try to make a living – it is not Death Star even though it seems like it – it is the psychology of the naming device. Don’t take the bait (wink). It is just a company.
Are you still with me people? M.E.R.S. is an Organization with people on a payroll paying Federally required taxes, it is a Company, an entity, just a place where people work, hoping to make more in revenue than it costs to produce their goods or services – whatever those may be. They don’t do anything. Personally I think this is fraud and so have spoken up to my Attorney General, Mr. Wassden of Idaho.
Can you imagine telling a jury that as a Corporation, you exist only so that others can claim that you are okay with listing your name to a County Recorders Office, to accept that on a Loan Packet it says you as a Company are okay with another Company listing your Company as a name only to allow….. ad nausiem… No, you are correct, it doesn’t make sense, see my point, there are no goods, there are no services: fraud.
That would be funny, call M.E.R.S. and ask what they do? Then ask what they sell. Record it, I am curious how they would answer.
“Uh hi this is M.E.R.S., can I help you?”
“What do you sell, what are your goods and services and how do I know that I need them, or don’t need them?”
“Uh, we allow you and your loan originator to tell your County Recorders Office, just once, that it’s okay to put our name down so that they can quasi-legally try to sell that which they just Recorded somewhere else in the World and hope they don’t get sued, investigated, or sent to Camp Snoopy as a result.”
“Cool, why would my Loan Originator and I want to buy this right to list your name on a bunch of pieces of important looking paper Sir?”
“Uh, uh, to help you save money on the ‘management’ of the loan, over the life of the loan”….”like the commercial, there is an egg-managment fee, and our fees are cheaper than it would cost your Servicer to record each time they sold that thing they are Recording with our name on it. To be honest, Sir, I am not really sure what we do here, but I have a nice computer and a cool desk and a Herman Miller $2,300 chair that spins around fast and looks neat.”
“What did you just say, something about management of my loan? What? Huh?”
“Yeah well we expect to save your Company $20 – $40 dollars per loan but the future holds no promises. It may be that we actually will be a toxic partner in all this, an accessory, perhaps and then be forced into bankruptcy. http://en.wikipedia.org/wiki/Accessory Ironically, costing you your home and your Servicer their home too, meaning, it could be that we help steal your home if we have too but as a result of our existence, we are then forced to give people back their homes, the same homes we never really owned or wanted in the first place. We were just cardboard, we just looked tough… Yeah, I am not really sure what we do here to tell you the truth, Sir,”
As a Corporation, M.E.R.S. must obey laws like Nike, Target, Louis Vuitton, USA, Chevron…. It has to file important documents throughout the year, to officially state how much money was received for allowing its name to be listed on the documents, yawn….
Snoopy just opened the mail and cashed the checks, he didn’t own the loan… does this makes sense? For me MetLife didn’t own the note, they just received my check, made sure the funds were there, distributed to my home City and State for taxes and then made payments TO the Trusts and other parties who had then packaged up the assets in the other Trusts and sold them as something else…… how many times does a fifty dollar bill change hands during its life…. gettin’ it?
Sold and resold and resold and never recording who owned the promise to be paid as it set sailed down the river of shady Fraud Street practices. Just stocks and other shiny things in pretty boxes with fancy ribbons, in Tiffany blue and Wall Street Red (I think I just made up a color)…. Absolute lunacy, unbridled greed is a dangerous beast.
I know what a big Mac looks like but a 10 Piece Chicken-McMortgage with extra sauce, what exactly does that look like? Think a pile of stocks, what does that look like? Its a Certificate with numbers on it and likely not even that anymore, it is an ‘account’ in a system somewhere.
When our loans were aggregated, they became shares which replaced Notes and Deeds, like trading currency for ‘ownership/stock’ in something that claims to have owned what was morphed. Like when the real estate agent turned into the banker who then turned into a wall street thief, who then turned into a securities sales representative in another Country who then was sold on the idea of owning a piece of the American Dream without really having to leave Norway or Sweden – the ultimate in virual experience.
Well, even the best crafted plans ……
So here’s a concept, let’s say that to have the American Dream Theme Park Experience, you have to have the experience in the Park, you cannot barter it abroad – you have to empty your cup here, no roadies. In other words, the note stays with the original investor, hold them to the same standard as the borrow – do not allow them to assign, sell, transfer – period – or AT LEAST NOT WITHOUT YOUR APPROVAL AND NOT WITHOUT PROPER CONTROLS IN PLACE.
Contracts and Notes need to work both ways, for both parties. Power (back) to the People. Gonna stop here, but again, M.E.R.S. is just a business model, Incorported and held to the same laws and standards – no free lunch.
So we are taking a field trip to learn about a ‘shell’ Corporation, established primarily as a ‘front’ to allow the securitization of America’s mortgages to be boxed, wrapped and sold around the World as “very solid investment grade solutions” for these “unstable and unpredictable and ever so sexy market turbulent times”. Think guy with unibrow on the commercial, so serious…. but you get the idea.
Remember all the bonuses the banksters on Fall Street were making just a few years back around the Holidays? So again, think of M.E.R.S. just like a cutout of a big tough guy that the Servicing Companies used to drive along with in their car (your loan). You know, like those “Big Guy” life size rag dolls that were once sold in California so women could feel safe in their cars and others could enter the diamond lane for instant carpool status. You know what I am talking about here, right?
Think of M.E.R.S. as that, just a cutout of a big tough (technology driven system) that was never supposed to be more than a (technology driven system), a deterrent something never meant to be challenged. But if challenged, not to worry, it sounds like MARS, is a technology driven system and therefore all knowing – when we now know that it is not. M.E.R.S doesn’t know anything, it never wanted to know anything, that was the point. It was like the 77 year old security guard at a mall, the big guy with a radio but no gun, a deterrent.
And if it ever was it would shown that really it was just a few people running a business model, making money, trying to follow the laws, and now, likely going to be investigated and sued like the others. I mean when the final data is collected, will M.E.R.S. really have saved the Servicers $20-$40? Maybe they will have cost them $20 – $40 Billion? ? ? We simply don’t know, back to my earlier point. How much is integrity in the market worth? Fund that and let’s get on with it.
A shell company listed in your Original Docs to avoid paying $20-$40 more per loan. A fee paid so to avoid having to do it the old way, the way that worked, the way that was actually designed NOT to be a Casino. The way that worked, the way that was…….. Yes it was boring, repetitive, but it also worked. At the rise of the American prosperity push of the 80s and 90s, banks were not casinos, your home loan in Idaho was not being bought by a small municipality in Finland as an investment grade instrument to protect the village in perpetuity. Our homes had not yet turned into Casino Chips….
Slick Rick from the NYC wasn’t selling your Home’s Note six times around the world, making bonuses, Christmas Cash and Commissions each time. Think gift giving (or selling) and then repackaging and selling again, you get the idea. . . in real estate terms think about the person who sold you your home, the agent, then informing a ‘BIG TIME INVESTOR’ that he/she knows of ten homes/loans that were just transacted and maybe he wants to be the owner of those notes (from behind the curtain). You starting to get it? Becky the Real Estate Agent morphs into Brian the Wall Street mortgage hooker, and in no time, your Note/Deed of Trust has just been super sized like a cow on a train, heading for a processing plant – from New York with love – suckers. Well, the joke is now on them.
Okay, what happens next is interesting and will be addressed in posts to come. From this I want you to know:
1. M.E.R.S. is not larger than you, it is actually not a place, a thing, or a person. It is some documents that were filed in the State of Delaware to allow your loan originator to list this Corporation in the County filings.
For this they take a fee. I am sure their inventory is low and must be a cash rich Company, at least for now. What was their cost of doing business, a $2.93 rubber stamp for the doc packets?
M.E.R.S. did have foresight to write about the possibility of going bankrupt. Yes, they filed an acknowledgement that business comes with certain risks, up to and including bankruptcy… my point is they knew they were operating a Casino…and things don’t always go as planned.
M.E.R.S. is not a software system when used tonight in this context, it is a company just like Vons, Ford, any company usa…..
Okay try this, the real people who own our mortgages don’t exist, I mean ultimately if your ‘Doc Package’ has M.E.R.S. on it, it might as well say MARS. It doesn’t mean anything except that they were involved in allowing your loan to be sold without registration, without a clean paper trail.
Think about this, your loan could be sold tonight, and might just, on an exchange far far away, and if you called MetLife and said “Who do I REALLY owe this promise to pay my $732,990 dollar note to, or ($73,292 note same/same), they would say don’t know, and the reason they won’t know is that what has happened over the past few years was never meant to happen.
We are in new waters… life jackets should be worn at all times. Remember, gills and fins. In my case my abuser, MetLife (FretLife) announced less than stellar earnings over the weekend, so it looks like all this hassel is catching up with them. Their stock is down 15% in as many days and well, like BP, they should put the cameras on themselves and give people back their homes.
Or if you would like, you may think of M.E.R.S as just an idea, and from the looks of things… not a very good one
Goodnight all. Glad I got that off my chest.. . thank you Angels, you know who you are.
UNIVERSITY OF CINCINNATI
LAW REVIEW
Volume 78, No.4 Summer 2010
FORECLOSURE, SUBPRIME MORTGAGE LENDING,
AND THE MORTGAGE ELECTRONIC REGISTRATION SYSTEM
Christopher L. Peterson
……………..The loan is then assigned to a seller for
repackaging through securitization for investors. Instead of recording
the assignment to the seller or the trust that will ultimately own the loan,
however, the originator pays MERS a fee to record an assignment to
MERS in the county records. MERS’s counsel maintains that MERS
becomes a “mortgagee of record” even though its ownership of the
mortgage is fictional. 64
64. R.K. Amold, Yes, There is Life on MERS, 11 PROB. & PROP., July/Aug. 1997, at 32, 34.
Arnold explains:
When a mortgage loan is registered on the MERS System, it receives a mortgage
identification number (MIN). The borrower executes a traditional paper mortgage
naming the lender as mortgagee, and the lender executes an assignment of the mortgage
to MERS. Both documents are executed according to state law and recorded in the public
land records, maldng MERS the mortgagee of record. From that point on, no additional
mortgage assignments will be recorded because MERS will remain the mortgagee of
record throughout the life of the loan.
2010] FORECLOSURES AND MERS 1371
Although MERS records an assignment in the real property records,
the promissory note, which creates the legal obligation to repay the debt,
is not negotiated to MERS.65 Everyone agrees that MERS is never
entitled to receive a borrower’s monthly payments, nor is MERS entitled
to receive the proceeds of a foreclosure or deed of trust sale. MERS has
no actual financial interest in any mortgage loan. MERS does not even
provide lien releases of the mortgages it purports to own, instead
referring title attorneys, refinancing lenders, and consumers to the loan’s
servicer. 66 MERS’s revenue comes not from repayment of the loan or
the disposition of collateral, but from fees that the originator and other
mortgage finance companies pay to MERS. Once a loan is assigned to
MERS, the public land title records no longer reveal who (or what)
actually owns a lien on the property in question.
After a few years in business, MERS decided it could help mortgage
financiers pay even less to county governments by doing away with the
first assignment to MERS, and instead listing MERS as the mortgagee in
the original mortgage. Figure C provides a graphic representation of
sub prime mortgage loan origination where the parties record MERS as
the original mortgagee. Once again, MERS does not actually advance
any loan principal to the homeowner, does not have the right to receive
any payments from the borrower, and is not the actual party in interest in
any foreclosure proceeding. Nevertheless, the actual mortgagee pays a
fee to MERS to induce MERS to record the mortgage in MERS’s name.
By eliminating the reference to an actual mortgagee or the actual
assignee, MERS estimated it would save the originator an average of
$22.00 per loan.
67. MERSCORP, MERS Frequently Asked Questions, http://www.mersinc.orgl
why_mers/faq.aspx (last visisted June 9, 2004) (“[Y]ou’ll save $22 or more per loan when you specifY
MERS as the Original Mortgagee (MOM) of Record in the mortgage or deed of trust.”); Mullen, supra
note 19, at 65 (“The good news for companies embracing the system changes was that using MOM
[MERS as Original Mortgagee], as the practice has come to be known, provides an immediate cost
reduction of approximately $22 per loan.”). Early estimates suggest that the average cost reduction
when MERS acts as an “assignee” were between $15 and $17 a loan. LIPTON, supra note 26, at 2.
More recent estimates suggest that using MERS saves lenders and servicers approximately $40 over the
entire life of a mortgage loan. David F. Borrino, MERS: Ten Years Old, USFN, May 11, 2006,
http://imis.usfu.orglResources/ArticleLibrary/1733.aspx (last visisted July 13,2006).
Once again, MERS does not actually advance
any loan principal to the homeowner, does not have the right to receive
any payments from the borrower, and is not the actual party in interest in
any foreclosure proceeding. Nevertheless, the actual mortgagee pays a
fee to MERS to induce MERS to record the mortgage in MERS’s name.
By eliminating the reference to an actual mortgagee or the actual
assignee, MERS estimated it would save the originator an average of
$22.00 per loan
This is what Change looks like. . . . happening right here, right now… don’t blink, this is big.
http://finance.yahoo.com/news/BP-to-sell-stake-in-Pan-apf-2764206628.html?x=0&sec=topStories&pos=4&asset=&ccode=
Look closely, accountability is being demonstrated. BP might be saying “we screwed up, we hurt people, things, ecosystems, animals, livlihoods, credit ratings, things that matter to the people in the communities in which we do business and the broader stakeholders if you will. BP might also believe “we got off easy, we had insurance (assets) we are now selling them to pay for our behavior and failed policies (the fines) and now let’s move forward…. I think that is the message.
So if really big, powerful corporations (BP) with billions of cash to pay claims and fines must be held accountable (put it all on the line), you’d better believe that some of these mortgage players are going to be writing checks… if Mama has to pay, YOU have to pay too. No free lunch. That is the message.
Wasn’t The Art of War based on this principle – the battle is won before it is ever started. In this case, pollution in the ocean/nature is affecting abuser and victim in real time, and in real time, reparations are being made…. welcome to the future of conflict resolution. May this BP article help to see that by making good, a company ensures its survival amongst the herd. The universe rewards restitution. I mean come on, what if it wasn’t BP that did this, what if it was a company that did not have $20 Billion to pay for damages, who would have paid then? Silver lining?…. verdict is far being reached
BP to sell stake in Pan American Energy for $7.06B
BP agrees to sell stake in Argentina-based Pan American to CNOOC, Bridas for $7.06 billion
Gregory Katz, Associated Press, On Sunday November 28, 2010, 3:08 pm EST <——— pretty close to 'now'
Gregory Katz, Associated Press, On Sunday November 28, 2010, 3:08 pm EST
LONDON (AP) — BP PLC is selling its 60 percent stake in Argentina-based oil and gas producer Pan American Energy for $7.06 billion as part of its strategy to sell of tens of billions of assets to help pay for the massive oil spill in the Gulf of Mexico.
The British oil giant said Sunday that Argentina's Bridas Corp., which already owns 40 percent of Pan American, will buy out BP's stake. The deal is expected to be completed in the first half of 2011. BP announced this summer that it would sell up to $30 billion in company assets as cleanup and response costs mounted and it faced billions of dollars in government fines and legal claims.
Did I say $20 Billion. (Fact check!!!) I meant $40 Billion. Time (and money) flies when you’re cleaning up. I also think Corporation and the Finance VP they hire would all agree that securing installing a $250,000 mission critical part is much more in line with stakeholder expectations (global expectations) than spending $40 Billion (and counting?) on claims for damages. Repeat, the culture of bending or breaking the rules must change so that the Corporation can be given a fair chance to do what it is designed to do, to make investments, decisions, sell goods and/or services with the best interests of the shareholders as paramount to all other activities. Get it? Follow the law, be cautious when dealing with the Earth and others’ livlihood, check your Greed (or you will write a check). Here is the update:
“BP expects to spend nearly $40 billion to handle the Gulf oil spill, which was sparked by an April 20 rig explosion that killed 11 workers.”
The real question is this, can your Servicer afford a $40 Billion hole in the US consumer confidence Index? I doubt it too…
We go to court on Monday 11/29 for a TRO against fanniemae. Any suggestions as to what we do next?
what do you mean a tro against fannie mae?
the servicer is not foreclosing on you fannie mae is ? I didnt think fannie could do that
first I would check with the secretary of state to see if fannie is registered to do businesss in your state
I have a fannie mae loan but it got sold to fannie and then fannie sold it to an investor but my bankster is thinking there going to foreclose you can email me if you like mrbuilder11377@yahoo.com
Temporary Restraining Order against FannieMae. Our servicer was Indy/Onewest(crooks). Our house was foreclosed on in July and we were informed that it now belongs to fannie. TRO is also against mers, etc
Make sure you respectfully inform the Courts FIRST THING MONDAY AM(yes before your appearance – read on) Type and sign (maybe even throw some purple ink on there too with a notoraized signature even(but make sure it’s you signing). If you feel this way, mention in your letter to the Courts / Motion etc…. that with the current 50 State AG Coalition, you would move the Courts to honor your request for a stay, or TRO or cease and desist on all foreclosure activity, or ????. I am not using the right terms, just bloggin’, but you get the drift.
Again, get to the Courts and immediately file a Letter / Concern to the Courts in general with your case number etc… (or address it directly to the Judge if you know him/her) and write as a concerned American doing your Civic duty to report suspicious behavior to the authorities (have you filed a complaint with your State’s Consumer Protection Depart? Do you plan to ? I think a copy of that Complaint would make a strong and compelling case to the Courts to ask their help now to protect you…. make sense?
Maybe you too are concerned you are, or have been, a victim of white collar fraud – the same abuses being reported from Coast to Coast and bahavior that is being investigated and now prosecuted within the same National scope.
I believe you are the first wave into the Courts who can lean over and point to 50 US Attorney General Offices and a 17 member Federal Alliance and and say, “Your Honor, I think we have cause for concern here. You may even in writing mention the timing is remarkable. Can you please support this period of Discovery on bahalf of “We the People……”, on behalf of those coming forward (yours truly). At least ask for a Continuance if that would be a secondary and acceptable position for you. 180 day Continuance while the States do their Discovery would be fair. Time helps you here… let’s the AGs do their work and support (likely) your claim of abuses.
If you strongly believe you have had crimes committed against you (if this is how you feel….not putting words in your mouth) then I encourage you to file a complaint with your AG (before Monday), make a copy for the Courts (before your hearing) Oh and file your letter before your hearing, did I mention that, even if is 30 minutes before your hearing. This is all breaking news but learn from my mistakes, file your letter of concern and/or request for Continuance (TRO) before going into the Courtroom. He/She will say they would have appreciated you doing this 10 days ago, to which you will reply it is breaking news, happening now, and CSPAN is reporting the facts (watch Geithner and Co on CSPAN), what is going on and you think you may be a victim of fraudulent foreclosure practices. Hope this nudge helps…. Oh, and bring a copy for the Judge AFTER you file Monday morning this letter of concern….. Make the effort to process a filing… and if your hearing is at 8:00 and you will not be able to file your letter before seeing the Judge, see if someone can file your letter while you are in the Courtroom, with a Power of Atty if necessary. Do this and please learn from mistakes… you CAN do this. My Judge would not see my documentation the day of my Summary Judgement Hearing. The Judge was not in the Courthouse. I was scolded for not having done this ahead of time. My evidence was not included in the Judgement. Six months later, the Attorney Generals stepped in.
Good luck. Also, google any news on your lender that you would include with your letter as evidence of this type of behavior, abuses etc or whatever is factual to your circumstances – only you know. Your AG may have even posted an update on his/her investigation efforts to date. Likely too soon, but you get the idea… support your suspicions with documentation. . . Go get ’em.
Thanks Trevor, You provided a wealth of information that I definitely will follow up on. Our hearing is at 8am, I’ll do what I can in that area regarding the letter of intent. Again, thanks.
You are most welcome.
One last item, obviously make copies for the Plaintiff too and if possible you can always serve them in the lobby of the Courthouse, before your Hearing, surely enough to get their immediate attention. Whoever shows up on Monday from the Bank is NOT going to want to be there, trust me. Not now, it has all changed. Law of diminishing returns.. your’s is the 100,000th foreclosure, they are not belly aching… I suspect, you tell us on Tuesday. You will be amazed at how easy agreements can be made in this new phase of the foreclosuregate-I suspect you will be heard next week. Don’t take this shift of luck for granted, you have a responsibility, you are plugging the foreclosure well so to speak, the first cases to jam and possibly permanantly hault an injust cog. We will be watching and lending virtual support.
Please let us know how it goes…
Also, Trevor our trial is set for Oct. 30, the day after PRAYERFULLY, we are granted TRO. I will inform you guys of the outcome.
Nov. 30 oops.
I bet if you do a little more research you will find that indy could not foreclose and that fannie was the investor which also means that your loan was probably put in a trust and if that was the case the only ones whom could foreclose would be the certificate holders of that trust
Brian, how do I go about finding this out? Is it the county recorder office? I live in San Bernardino County in CA.
hi lisa
send me your telephone number via email my eamail is mrbuilder11377@yahoo.com I will explain how i know and how you can look up what you are lookin for then do an affidavit witnessing what you found out and get it notorized and bring it to court with the tro send me an email ill explain on the phone
Just now reading this follow on thread Lisa and want to say that some angels have delivered 5 documents to me – for distribution, answers to the deeper layered questions, the ones that will hold up in Court. These are MERS specific and have many of the answers you will want to have available for your case.
I see the need is NOW so before just throwing them out there I want to alert you that I have them this should all make sense shortly. I will send them over to Mr. Builder and if you guys have spoken, or can speak about them, they just might be the missing link, or at least a piece of the chain.
Lisa, if you want to send me your email to trevor.hitchin@gmail.com I can confirm that you have what you need and/or send the files to you directly. They are what you want in your briefcase….
MB, files are heading to you and if you can get them to Lisa that’d be cool. Be well.
Thanks for this wonderful-informative-very helpful website.
Very late last night I heard a statement on TV about The FEDERAL RESERVE.
WOW I did not know it is not even “Federal”…. it is a corporation.
The President of the USA does appoint the 12 members of the FOMC
It has a 7 memer board of Governors (not state Governors) that act on behalf of Banks Advisory Councils.
There is also Private & Public Partners -ONLY FIVE BANKS VOTE on monetary policies.
US Treasury prints money used by the Fed, sells it to banks at PRINTING & Manufacturing costs
ALL MEETINGS ARE HELD IN SECRET !
It is voted on by Congress. Proof that BANKS DO OWN CONGRESS & SET POLICIES.
This tells me the Banks will win at all costs to the American Families & Taxpayers.
Every President, or Administration that has ever tried to demolish, disrupt the FED RESERVE has been killed or never heard from again. just google it-WIKI it-for the sickening truth. BANKS HAVE THE POWER we the people are all just pieces of worthless paper in the way of their profits.
I now believe I have a 7th degree black belt in the identification of mortgage fraud and how to successfully navigate and survice the gauntlet; pre-during-post the abuse. Knowledge is not knowledge until it is shared.
I welcome comments. I would STRONGLY encourage anyone involved in this game of cat-mouse to invest in a digital phone recorder and send written letters, with evidence, comments, transcripts to your Senator / Congressman/Congresswoman / Mr. Geitner / Mr. Holder with a copy to your State’s Attorney General. Thank them for treating this as a National crises, which it is, with impacted victims worldwide. . .
Mr. G’s Committee has the green light to tally the damage, identify the offenders, propose systemic system-wide changes and begin the process of restitution. This will not be comfortable for those at the top, but it will be necessary for those at the top, middle, and bottom of the pyramid. The bottom supports the middle, the middle supports the top… simple physics. Remove middle and/or bottom, and what happens to the elitist ‘gangsters’ at the top, they would fall – hard. Simple physics….
There is so much more at stake here than just your/our ‘nest’ and life savings, we are talking about the institutions of our young (and sometimes dumb) Nation, the same beacons of hope and justice that summon the worlds’ downtrodden, hopeful and brave to come to our shores and take a crack at the American Dream. To have shelter and know that it cannot be stolen or thieved from you unlawfully like it is done in other parts of this planet is a differentiator – what makes America greater than say the Germany of the 1940’s.. As someone who is now having to dive to the bottom of the lake to retrieve the boat, my boat (or house) that sank in the foreclosure storm, I will be the first to say that IF MetLife and First Horizon had taken my house legally, I would not have a leg to stand on. But they did not…. so I will fight, year 3 now… ding-ding.
So here goes: CSPAN aired last night the State of the Fraudcloser Crises, from the Eagle’s view. In case you missed it (why would you? it was on at about 1 am MST this morning), the Obama Admin. is coordinating and directing 17 Agencies to flush out the fraud/cancer AND they want to see those who broke the law punished, and that restitution is made by those criminally liable to those materially impacted. The Committee has teeth, is hungry, and smells ‘Thanksgiving Dinner” cooking in the Fraud Kitchen, along with the books. They will meet again, on camera, early January for a briefing. Don’t miss it, even if is on v. late to keep the rest of America resting quietly.
Now, notice how much White Collar / Camp Snoopy Crime operations are being busted lately. Put it this way, if the rest of World loses confidence in our markets/institutions (whether they are financial, ‘Justice’, enforcement, consumer protection, whathaveyou….) if THAT happens, more than it has already, the real risk then is that the “Coming to America Story” the same one that fuels the world on many of these ‘stages’, will be a lie. . .a fraud, a fixed game. Nobody plays games that are rigged, where the rules are not enforced so to speak.
In layman’s terms, if I knew the Casino was cheating, I wouldn’t play THERE, I would play where the house did not cheat, had a reputation for not cheating, and well, provided a fair and value-added entertainment and lodging service. Repeat, if I knew the Casino was cheating, I wouldn’t play THERE, I would go somewhere else. Yes the House can play the odds, you play them too, but after the odds (or consumer protection laws, anti-racketeering laws, etc) are what they are, they cannot be altered – or in NV, the Gaming Comm. closes them down a la Lefty and early Vegas… The message: The consisent adherence to the laws that govern the game are more important than any one player’s ‘take/profit/revenue/bragging rights/egos’. Crime doesn’t pay… paying from playing pays. Crime = no playing = no paying. Again, crime doesn’t pay.
So try that hat on, think of MetLife and First Horizon as the Casinos of the 50’s and 60’s (literally think Joe Pesci, Stardust, Flamingo, Robert De Niro and the other characters – even Bugsy….) you get the idea. Now, when ‘other’ Casinos saw their buddies fall (Federal raids…, chains on doors, guys with 3 big yellow letters on dark windbreakers with lots of tape and boxes and guns and badges), well, they cleaned up their act(s), STAT. It was survival instinct that kicked in.
A closed casino makes no money. Repeat, a closed casino makes no money. An open Casino makes much more than a closed casino, and a casino that treats people fairly, pays out, provides excellent service, makes you feel the love, well, those places survive and thrive – through the storms and all. If you think you will be robbed in your hotel room, you stay somewhere else. Right?
Now back to Fraud Street, NY. When the biggest fish decide they want to take their ‘chips’ elsewhere, to Casinos that don’t tweak the odds (in our case, Mortgage lenders or financial exchanges that have no-fraud rating like Qantas Air has a no-crash all-star rating, like a cafe has a ‘A’ Grade cleanliness rating…..) well, are you starting to get it?
There will NEED to be raids, arrests, trials, convictions, MASSIVELY OBSCENE RESTITUTION to Main Street victims (otherwise the penalties are just, ‘blips’ and motivate companies who’s profits far exceeded the penalties for damages caused by product/service to continue to go along about their gambling and wanton thievery…). We are heading into new, uncharted territory with this mess and anyone who tells you otherwise, is not paying attention.
Predictions – The American people living warm and safely in their fraud-less mortgage-serviced homes will see that the work done in late 2010 and 2011 was painful but necessary and was done with one reason in mind – to restore gloabl investor consumer confidence in the United States. Like being a landlord or an employer, being a home loan servicing Agent comes with a massive amount of trust and responsibility. They essentially play ‘god’ – with a little g – with your shelter, especially if bumps are hit along the road; job loss, auto accident…. life. Usually ‘they’ decide if you live in your house or on the Street in depressionistic times like these. . . This responsibility and the trust we place in the hands of people like Mr. Hendrickson, CEO of MetLife, and others like Tony Francis of MetLife / First Horizon, along with the Consumer Protection and anti-corruption laws we have in place, combined is too big to Flail. . . so it won’t. This system is too big to fail and too broken to continue to flail. When a plane won’t fly safely, it is grounded. America’s mortgage industry is grounded.
Email me directly at trevor.hitchin@gmail.com and I will share what I can, scars and all. If I can help one person save their home from foreclosure, it will be the beginnings of a silver lining forming on this tragedy. Peace all and thanks for reading. I hope it makes enough sense to you and was worth the time… Happy Thanksgiving. I give thanks this week for living in a Country that cares enough to want to clean house, radiate, kill the cancer. Oh, and we have clean and fairly safe drinking water here – billions around are Planet today cannot say even that much. As Mr. Rogers once sang, “if you’re gonna play the game boy…..you got learn to play it right”. Cheers.
Trevor, thanks so much for your encouraging post. I too sense that we are about to turn a corner, a big corner that will finally bring justice to We the People. I’ve been following this very closely, as I’m one of those who already lost my home to foreclosure in June 2008 after putting up a valiant fight representing myself in court for 11 months. My case is a picture-perfect case scenario of all that variations of fraud we’re hearing about now, from changing the loan terms after I signed docs at closing, to reassigning the mortgage without the note, to affidavits being signed by robosigners, to finally, my house being “sold” at auction as an inside job to New House Title LLC, which is affiliated with Florida Default Law Group, for a mere TEN DOLLARS.
I like that you used the word Restitution. That’s exactly what I’ve been calling it! Lady Justice awaits!
Have a blessed Thanksgiving, and thanks again.
J A
She does indeed. . . You hang in there too. It is NOT over for you and I would suggest you get registered with you AG right away, if they will hear you and they should.. Your story brings back memories of my experience and if robbing and selling stolen goods to your buddy for $10 isn’t Camp Snoopy worthy, then I’ll eat my words. I was Foreclosure Fraud Class of 2009 but I am sure your AG would like to know your story and when restitution is secured, you would have a legitimate claim to a percentage. Watch the 3-4 year statute on fraud window and get that AG paper trail going. Your task for the first two weeks of December if you are still willing to press it and assuming you have not already. Thank for your reply. Represented yourself too, I like your style.
Blessings to you, Trevor!
I will be 1 month late with my mortgage as of Dec 1st and have already been sent a NOTICE OF DEFAULT and FORECLOSURE for my October payment (which was late and I managed to satisfy) I went to the county today and copied everything in my file – guess what? The recordings stopped in 2005 and my mortgage has been turned over twice since. Another interesting note – my last mortgage document states that “MERS is a separate corporation that is acting solely as a ‘nominee’ for Lender and lender’s successors and assigns. MERS the ‘mortgagee’ under this security instrument.” While perusing through my file, it seems MERS had recorded, previous to 2003, each assignment and they are what appears to be legit transfers; except my last signed original thru my current lender.
I’m investigating all I can and just wish I could find some attorneys here in NJ to assist with a class action. So many are not /home for the holidays’ and wish I could find a way to get others w/credibility to spread the word. My Thanksgiving wishes will include everyone who is sharing such valuable information here. I also contacted Michael, as I would like to get this site and some info out on the radio.
Warm regards,
SC
SC,
Hey thanks for the very nice reply and I am sorry you are in this situation but I want you to know that you are VERY lucky to have to deal with this in Nov. 2010, not anytime sooner. I know you are frustrated but re-read this first line. You are very lucky. There is wood behind the arrow now but you are not out of harms way so to speak. You will need guides and this can work. I write this with an intent to help, not harm.
In real estate they say ‘location, location, location” …… when it comes to standing up for your Rights and specifically if you feel they are being violated (which is to say you are willing to fight within the boundaries of the law for Justice, your Justice, which is really just a piece of our Justice), the saying might be shifted to “timing, timing, timing”.
Now is good timing. SC, if I could yell through these fiber optics I would yell “now is good timing!!!” Breathe, you are going to save your house. The nightmare will end. Repeat, you are not going to lose your house, do not quit, do not let your guard down. We, and I speak on behalf of others reading this, who may or may not reply, will NOT let that happen if you also will NOT let that happen. They have cut to the bone, others have lost before you, the thievery is reckless, senseless, and criminal. You have a great chance, don’t give up, dig.
Read on and the front end stuff must be said. There is a pre-flight announcement on any commercial flight, so please take the following in the same light. It is a Journey, and you must be prepared. Cool? Cool.
Step one: learn to use the voice notes on your cell phone or buy a digital recorder and from this point forward, EVERY person/company you speak to with regard to your home’s rescue must be recorded and you will want to check on your State’s laws, but in one-party states such as mine, only one person must know (in this case you), but isn’t the first thing you hear when you call them is “this call may be monitored?” You get it and yes, you have the Right to use technology to capture evidence, see how this has shifted?? Buy a speaker phone and make your calls from a land line, record with your cell phone. Mel Gibson is seeing how effective this can be in establishing a crime, are we clear? You will feel better and more empowered as you begin to see progress in the ‘tone’ your lender will take with you. Take detailed notes and log them safely, where you can retrieve them if and when necessary.
Many who have had this fight, or are in it now (like yours truly), or who have been steamrolled over the past few years BY the process, will tell you the road is long, the pitch is steep, there is little oxygen at times, you will be tired, you will want to quit, you may find yourself being lied to, misdirected, ‘forgotten at a bus stop”, scared, angry, breaking telephones, throwing pens, yelling, I mean you may be humiliated, made the subject of false police reports, and I am just getting started…. but then again, you may be able to resolve this situation with a telephone call. Whatever happens, the fight is worth having and the principles and the home are worth fighting for, yes, even in this time of great uncertainty (there has always been) and yes, even in this time of great change (there has always been) you can win this fight. I am just saying there is a range here…. you can appreciate this right?
It’s kinda like this, you know bullies are going through neighborhoods stealing houses, not returning calls, lying under oath, doing all sorts of horrible things, using lawyers on the take, appraisers on the pull, real estate brokers on the scam, I mean there are lots of characters that may come into play and the more that enter (think juggling and the complexity of adding a fourth and fifth ball to the first three) the more likely the train can derail. But like in Wizard of Oz, the house does fall on the wicked Witch and the town comes out from under its cloak of fear, the nightmare ends in their town too. Let us hope then that this should be the next step in America, the house dropping on the Witch, “ding dong…. the wicked witch….well, you get it.” How ironic, it was a house too…. hmmmmmmm in-ter-est-ing.
SC, these are dangerous waters, sharks everywhere, and until you are on the other side, wear that life preserver and be prepared to hit one on the nose (HARD) when it gets too close. Like Nat Geo will tell you, “they don’t like that”. You will need to do the work, but you have coaches/guides. Collectively we will all be stronger together, you just let us know where and when you need help and communicate, more is better than less and sooner is better than later. Again,if there were a time to get this cleaned up, it is now. We have all we need. Let’s proceed.
Now, saying all this. I want to know what State you are ‘calling’ from. The property resides in ? The State matters as you obviously know each State has its own version of Foreclosure Laws it must adhere to, despite or because of Federal Investigation(s) and Jurisdiction that may or may not be at play. At this point I think it is safe to say that your lender has someone looking at them very closely. They are likely not having a peaceful Thanksgiving dinner, those people who have treated you poorly. Let’s just say heartburn will hit them before the dinner and likely already has, these are stressful times for them too and tonight you are in a position of strength. Again, you are in a position of strength. Use it. Here is how.
Your indication of a MERS suspect file (transferred but no record post 2005) leads me to think there is good reason to believe that if asked next week by your State’s Attorney Generals Office and/or Federal Courts, to show clear title/Deed of Trust and to produce a current and valid title package, that one could not be produced, which if the case is VERY common these days. Not here, not there, not anywhere – it doesn’t exist much like the tooth Fairy. The loan was sold, then sold again, then again, and then……..into the mysterious ownership waters you go and those waters have been cycled many times in the past 6 years.
In the game of Blackjack, this will be like holding a King + 9 and the Dealer (your lender) has a face card up and you can only hope there is a 9 or less under – a push or a win. What I mean is that if you just were to do nothing and hope the Coalition Investigation will thwart your foreclosure, that’s risky, you may lose your house. Do more, here are some ideas.
If you file in your District Court a Motion in Response to your Foreclosure Notice, you will be given the chance to formally request a stay of foreclosure, or terminology like it, google, ask, the info. or terminology and exact steps are at your disposal. Ask the Courts Assistance Office for an understanding of what you can do now, on your own, to make a forward motion to petition the Courts – someone can walk you through it and it is not very expensive. You now know more than most attorneys about the current state of the crisis and what you can do congrats, now. Keep going…
You may ask the Courts to intervene into your case considering your State’s AG is involved and possible investigations could be happening tonight, in your State, on the Defendant, your Servicer wherever they may be based (you just turned the tide). If you do nothing else, contact your AG Consumer Protection Division and print, complete, make copies, sign both and send one set back into your AG’s Office. Follow all directions and perhaps call first as this is a ‘hot’ National issue and nobody wants to mess this one up. Walk slowly, ask for help, let them guide you in your State, report though, today-not-tomorrow (TNT). Or Friday or Monday. Create the paper trail and come forward, they will not retaliate, it is past that, much bigger now.
Whether you know it or now, you are already likely involved with white collar crime, as a victim. Let the authorities decide, but you must do this documentation step with your allegations, it is called ‘leverage”. In martial arts I believe with regard to self-defense, the same term is used. Theme: protect yourself, don’t get hit, get out of the way….let the house fall on those responsible. There will be time for class action but you have not lost yet, you are playing for a permanent and immediate halt to your foreclosure.
You need say little more than that you believe you are being falsely foreclosed on through illegal practices by Servicing Agents (your lender) who you believe are being investigated by a Coalition of 50 AG Offices and a Federal Investigative 17 Agency Task Force / Committee lead at the direction of our Secretary of the Treasury., Mr. Geithner.
As rambled above, document this with your Courts and if you have to file a claim next week do it and fear not, there are those here who can help you with that. No you do not NEED an attorney to file a complaint with the Courts. I would do as much if I were you, and the sooner the better. In the area on the Suit / Complaint / Motion you will want to cut and paste everything you said in your message on the board. You can find Court Docs where others, without Counsel have filled out the paperwork to the expectations of the Courts, said in another way, you CAN do this. Include all attempts to resolve this, names of those you asked to speak with, letters perhaps that were sent to you, copies of letters sent by you to them, attach all you can and you just might see that your lender will suddenly be returning your calls.
If this is too much to consider right now, even with help, you will want to type a letter to your Servicer and to the Law Firm sending you the notices. You will need to budget a few bucks to get the letter notarized but in it, write what feels comfortable to you to most accurately describe why you request an immediate confirmation of a permanent loan modification and immediate termination of ALL foreclosure activities. You will also include in this letter or Complaint with Courts, that you are seeking, on behalf of all those harmed in your State by XYZ Mortgage Co. immediate consideration of a credit for all Foreclosure charges that may have accrued to date.
What I am saying here is that you will need to get your Mortgage Co. to inform you how much they have charged your account for foreclosure activities to date. It could be $0 , it could be $8,783 or more. Just find out. Then you will include this in your demand for immediate foreclosure relief….. I want you to think in literal terms. Instead of asking “are you guys charging me thousands to be foreclosed on illegally?” say “please give me exact figures that have been calculated for this foreclosure and placed onto my loan and/or account, please?” Civility works when gathering information, and to be fair, the Customer / Loan Rep you speak with is likely not the offender, just someone stuck in a nasty industry at the not-so-cool time to be stuck in that nasty industry…. have compassion.
I will stop here and wait for your to even say if you are interested. Let me/us know. The point is, get a recorder, budget some time, 3-5 hrs every few days min., as remember this is happening NOW and next week could be too late. Please know that I do this not to try to be some foreclosure superhero but rather to say, this train is leaving the station and when an abuser is caught, victims, past & current, have an obligation to help others, to reduce the pain for others, to help enact change for the right reasons so that there is integrity put back into the system. I cannot think of anything that could be better for this Nation than to have ordinary citizens help the Country rid itself of crime, whatever color collar it may wear.
I would also encourage you to watch CSPAN from this time last night if you can find it. You can learn so much by just the body language (and note passing). Please let me know if this was helpful. It is a first start but a safe step in the right direction. You will not lose you house. Believe this.
Now go to you youtube and google one of my teachers, Martin Sexton “In the Journey” and play the one with the most views. “it’s in the Journey where we gonna find we can’t do IT alone”…. enjoy.
Happy Thanksgiving to all from the City of Trees. Brrrrrr….
Got the radio, Michael reference so will guess NY. I have spoken with a very professional contact in NY AG Office. I want to say his name is Mathew but if you call the NYC / Consumer Affairs Executive Offices New York City Office Phone / 212-459-8850 / Fax 212-459-8855 they should be able to help. If this is not your best first stop, try 1-800-771-7755 and mention that you would like to register with the Foreclosure Fraud Investigation Team. Someone will help you.
ps- just re-reading through my Non-Uniform Covenants in my Deed of Trust (you may have one of these or an actual Mortgage, likely the later considering NY??). On my original documents, under “Acceleration; Remedies” in my case, to be clear, both Borrower (me) and Lender (them) agreed to a 30 day cure of default period. Considering this 30 day period is industry standard for home loans, I would give your Peanut Gallery 30 days to:
1. perm halt all foreclosure efforts on your property (and if you are not going to claim for the property in full, as damages, then you need to get current on your payments – work out a 90-180 repayment plan but have them wipe the foreclosure charges, they were fraudulent to begin with and you will not be telling them something they do not already know. They just won’t expect you to know…
2. have them provide in writing this commitment to you for your records, verified with evidence from a Default Services Corportation (the ones who would schedule your sale). This is NOT your loan Servicer. Make sure you have written confirmation from both, insist it. Remember fins and gills….
3. have them produce evidence of the last 3-5 owners of your note/loan abck from 2010 – 2005 ..as in most current to first – they will not be able to.
So again, not only will you assert that you are not in default as you realize now your loan/deed of trust / mortgage is likely fraudulent, but that you would like: x y z for your troubles and being exposed to such a sloppy and liable instrument. You may have a perfect argument for them handing over the collateral and you coming out a rose. Get it in a complaint form from your AG – this is a must and your next stop if you feel comfortable coming forward and if this is truly what has happened, stay truthful, that is all we have left and I hope something here tonight will help. Be patient and brave. Cheers. . .
the language standing out on in my Deed of Trust is this, that I, as Borrower have “the right to bring a court action to assert the non-existence of a default”. To me, if your small print in the back of your Agreement said that if they threatened foreclosure and asked you to remedy in 30 days, you would hypothetically have the right to say “I am not in default because you have not performed to register the sale / trust deed of my note as you said you would, after it was sold, and then again….” and as a result, seeing that this is likely a fraudulent instrument now, you would like to ask the property to be placed in your name, without a mortgage as partial restitution for their abuses…. and protected from any other present or future claims made to the proerty. Yes I believe you could make a case that the house, or apartment is technically yours and want a clean and $0 based mortgage balance in 30 days or you will sue them. I might be using this in my complaint, so thanks for making me dig a little deeper too.
MOTION TO DISQUALIFY COUNSEL FRAUD ON THE COURT WELLS FARGO PITE DUNCAN
http://www.gvbids.com/fraud/Adversary/66.PDF.
Hi Trevor,
I emailed you this morning and am grateful for your help.
I had a chance to read your post and highlight steps you indicated. The notice I received after 30 days past due was an intent letter – would now be the time to send this letter?
I live in the property in NJ. Q. – On one of the templates for the initial letter to the lender requesting them to ‘produce the note’, it indicates we should disclose the original Lender/Mortgagee (?) and date I signed – does this refer to the 1st mortgagee when I first purchased the home?
Also, in reference to your advisement to contact the AG, it appears she is on a rampage to halt mediation fraud in its tracks.
I also just saw a case whereby Citimortgage won regarding a homeowner’c complaint of Citi not being able to provide the note Original note was with ABN AMRO. Apparently, ABN merged with Citi, and the judge accepted Citi’s citing it now owned ABN and did not need to provide docs. This is the case with my mortgage, and these would be the docs missing from county records. Does this mean their practices are legitimate?
Whoa! Where to start???
Thank you~
SC
SC
Okay I back from the ledge………….talked myself down. If you missed the Boise State / Nevada game last night (or really just the last ONE second of it – for all the marbles), well, you would understand this comment. Like Avitar, you would “see” what I am saying. . .
We in Boise had waited 10 years for the impossible to happen (Boise State to get invited to the Rose Bowl…..the ten year winning streak, the little team that believed it could,so it did….. The David and Goliath story (Oklahoma game with fairytale Disney ending….). You know the Rose Bowl and Boise State are not four words ever seen together or spoken together – until last night on ESPN, with 1 second to go, the guy who is “hired’ to do just one thing, just one thing, could not do that one thing from less than 30 yards…. something he has been doing everyday a few hundred times for about the past 10 years….He missed it – then he missed it AGAIN. No words left, breathless, suspended…… did I really just watch ten years of effort come down to one second, the last second and then, ooooops the last step up the face of the mtn is a mis-step and, down down down….. anyway, that is where I “have been”…. Felt like my battle with MetLife in a way, one last step (the filing on their end of their offer to me) and then wooooooops…………………….
Sorry…. ok. … back to here now.
Regarding your sitch, it would appear you have much less to worry about than I suspected earlier. You have received an Intent… so here is what you do. Borrow from your friends, family, neighbors, do whatever you have to do get your payments current and you will have no more troubles. Seriously, if you have to quit-claim equity as a fund-raise, shovel snow, whatever, just nip this thing now. I also try to confirm there is no ‘sale date’ scheduled and try to get it in writing if you can. Also confirm that no further steps are being threatened from them so long as you cure your delinquency. If nothing else, get them to ‘break it down for you’ and then reply in writing with your understanding of their status to you, so there is documented communication – remember, gills and fins. Think of what you are receiving from your Servicer as a warning or “fix-it” ticket. Don’t delay, fix it, any way you can. In other words, ‘don’t give them a reason’….
Glad you found a least parts of my midnight ramblings entertaining…. sometimes it’s nice to just know you have imaginary digital friends out “there”, voices in the void, who actually care. I do.
Be well and say a prayer for that BSU kicker, I think he needs a 24/7 watch of some sort… twice…. one second, ten years…. total Charlie Brown or perhaps it is deeper and darker than that???…. It would be akin to landing on the moon, and taking the first step out of the spacecraft, with the suits, the landing gear down, the world watching and then falling down on the staircase/ramp, cracking the bubble helmet, and in a muffled NASA voice hearing “hllllllllp, uggggggggggggg, seeeem to havvve missed a step there, ohhhh my moon boot is stuck, wow, what was that? Ho ho… ouch. Who tripped me? Son of a gun…” and then realizing that the opportunity may never come again, not one like that.
Probably safe to say, my community is in shock… find it on YouTube I am sure it is there already. . . I will work up to that in time, with counselling. . . You have to go back to the FIRST Fiesta Bowl win in 2007 against Oklahoma to really grasp this BSU story.
Be well and give the board a chance to hear you got it all corrected when you do. Celebrate the small victories in life, that is my advice. .
Thanks for your thoughtful note and glad you have it under control. -Trev
Well, Trevor – That was quite a story, much like the NY Giants in the last 20 seconds of the Super Bowl couple years back – only in the other direction… Sorry Boise had a rough plight. Quite an adrenaline rush! There’s always, try, try again. My Dad loves the rush of college ball – ..
I wish I could say that it’s all that cut and dry ’round here. I’ve scrambled to and fro around the family – they helped me pay October. The two p/t jobs aren’t going to make Dec 2. Still hitting the job boards…BUT, I find it hard to digest that this is only something someone should do if they face foreclosure. What about the impact this fraud is having in the bigger picture? If I don’t gain gainful employment, It’ll be a wrap for me. I can’t help feeling like this isn’t over and should still be documented, don’t you agree? I’d seek a modification, if necessary, but am so leery about them forcing you to go 3 months behind before qualification begins – seems like that just invites foreclosure to your doorstep… Does anyone have experience with this ‘make homes affordable’ program? Thanks, Trever, you’ve been very helpful and quite interesting too! 🙂
Blessings~
SC
What is the statute of limitations in Florida for filing a lawsuit after foreclosure? Is it a year/ 3 years? Is it a certain time period after finding out about the fraud involved?
Never mind. I found it myself. It’s 4 years in Florida for fraud.
The time runs from when the fraud occurs, or when you first find out about it, not from the end of the case.
If something was fraudulent, work from that date, or the date when you could or should have found out about it.
I have been reading through all of the posts on this website and I think I am more confused than ever. I am still trying to figure this whole mess out. But, I do have a question that maybe someone can help with. I am waiting right now on a modification agreement (I hope) from Citi Mortgage. I see a lof of financial insitutions and banks mentioned in these posts but have not seen anything about Citi Mortgage and I understand the bank involved with my mortgage is Ffth Thrd Bank in Indianapoliisk, IN whichh is where I live. Has anyone had any experience with these two institutions? I would apppreciate some informaton if you have.
Thanks!
Conne Savage
You probably need a lawyer and the help of some friends who have foreclosure experience. Suggest you log on to the ForeclosureHamlet web site and ask for information, help and support from the regulars there. Try several times, during the day and evening. Different people are on at diffrent times.
They also have a list that has been circulated called the list of “Lawyers who get it”. This is a list of lawyers in different states who are known to mount good foreclosure defenses.
Good luck with your attempt at modification. Most of the time we find this is not productive and they lie to you, but some people do manage to get a perminant modification.
For anyone who is reading this post and I encourage you to share it anywhere else that you post:
It is critical that you keep an accurate record of your contacts with anyone affiliated with your mortgage mess. Not on scraps of paper or the backs of envelopes but in an organized fashion.
I would suggest you download a FREE copy of the “Buying TIME workbook” which is available at:
http://www.HomeOwnershipMatters.com. Staple it together so you have an official notebook for your battle.
Never speak to anyone without getting their name and title and phone number once you have determined that they are the correct party you should be speaking to and BEFORE you get into the meat of your conversation.
For helpful answers to questions and lots of glossary terms you might also log onto:www.HomeOwnershipMatters.blogspot.com.
Keep up the good fight.
Read up and research on HOPE, it is a joke.
their organization is not to be its name, and working at all.
Citi, sends all its mortgages to HOPE, and when you call them they never call you back.
Next you will be told you do not qualify with citi mortgage under the modification program after you have made the 3 payments on time.
Best bet for you is to hire an attorney to help you out, look hard and find a honest attorney with passion and work out a payment plan with the attorney.
Ask for the mortgage to stop harrasing you in writing, and I am sure they will keep coming, and will not stop …as they will not.
good luck
Daniel C. Consuegra
filed a assignment
1 assignment is back dated to before lis pen was filed
2 does not have the notary name printed
3 notary seal is not even readable
4 the last part of the notary name 8 letters does not match the notarys signature last name of only 4 letters
5 assigned from the mortgageservicer 5th/3rd to citibank trustee when the note holder is BSAAT bear stears alternate asset trust
the house was mortgaged under 5th3rd
then to wells fargo
then to bear stears , jp morgan bought bears stearn during the fire sale
I have a hearing on Dec 15th lawyer filed motion to compel and dismiss
The fruad assignment was filed back in august before the whole thing was exposed
I am not sure what my lawyer will say or do or if he is up to date with what has been going on with the fruad assignments and robo signers.
I see my lawyer in a few days any advice ?
Thanks for any help
my current court case
http://publicrecord.hillsclerk.com/oridev/criminal_pack.doc?pcSearchMode=NS&pnPidm=6603910&pcCaseId=09-CA-010056&pnCnt=1&pcCourtType=%
the fruad assignmnet PDF is below in the link look at the seal and notary name and seal
http://pubrec3.hillsclerk.com/oncore/showdetails.aspx?id=15481943&rn=2&pi=0&ref=search
thankyou
And the AOM does not have a corporate seal.
Check if person signing the document was ever an officer of FifthThird – Sec of state records.
Check if FifthThird is registered to do business in your state on date of execution of AOM
Name of security pool on AOM looks on wrong – is the name correct ? Check SEC website.
Pool from 2007 would be closed in 2007 or 2008 and unable to take in new mortgages
Is name on AOM same as name in the pleadings on your case, not the style of the case but in the body of the complaint.
May be worth checking out he orignal AOM in the county records, not the copy on their computers but ask to see the orignal document.
Does look like notarization is improper for a document recorded in FL. The statue is on line. Lack of printing name in addition to stamp. Unreadable stamp, etc.
It does not matter when the Lis Pendens was filed, what matters is when the action commenced. In your case the AOM is after the fact, by several months. It does not establish that Plaintiff had a right to enforce the note or mortgage on the date they commenced the action. Standing cannot be gained after the fact.
The LOST note count in the complaint, along with the affidavit of lost note and mortgage also goes in your favor. Goes to show they did not have standing when bringing the complaint.
RE: Seeing your lawyer. Did he file the Answer in your case or was that you? It appears you filed an answer and your lawyer did not appear for you until several months later. Did he file an amended answer ?
I don’t see much action by your attorney in the file. What is the strategy, does he have one?
Are their affirmative defenses in addition with the answer you filed? Is one defense that the bank lacks standing?
The motion for SJ appears to be have been filed very early, before the supporting evidence and affidavits. Does the SJ motion comply with rule 1.510(c) regarding identifying the evidence on which it depends?
If you see me on the Foreclosure Hamlet under the same name we can chat more. It does look, from first blush, like you have a good case, or more particularly they have a rotten case. With no note, no mortgage and no AOM that pre-dates filing of the complaint a competent lawyer should be able to shut down any attempt at summary judgement AND/OR get the case dismissed outright, if that is your strategy.
And person signing the AOM is not an officer of the corp according to FL sec of State website,
And bank did not file a non-resident cost bond, not an issue unless you make it so by filing a notice to of intent to dismiss if not cured in 20 days.
You appear to have all the right elements to win this – or prolong it by preventing a Summary Judgment.
i checked the fifth third website it shows ” brad griffith ” as a officer for them.
IDK how to check to see if fifth third is LIC to do bis in florida .
i checked the SEC website bsaat 2007-1 does exist ( or did exist )
name on AOM in the body is the same as pleading in the case
the lis pen came with a affidavit of lost note
I filed a response something like this
citibank does not own of have possesion of the note or own the mortgage
citibank could be comminting fruad by foreclosing on a note they do not own.
the owner of the note is not citibank but another mortage holder as verified by 5th 3rd bank the mortage servicer
then about 8-9 months went by didnt hear anything. Then the bank want to go on . I got a lawyer he made a motion to discovery back in july i think it was , Then this AOM showed up in late august
then now this hearing on dec 15th
james mays
i will mention the non residental bond to my lawyer ,
how do i use the fl sec website?
strange thing happened I called my lawyer to discuss the dec 15th hearing got his assistant
my lawyers assistant told me they just got a email this morning saying they had to reschedual
the hearing till january
any chance? daniel c consuegra law group checks these websites and saw i i have a soild case agianst them and wants to put off the hearing a month
Suggest you talk to your lawyer about filing an amended ‘Answer and Affirmative Defenses’ attached to a motion for leave to amend.
You MUST have your lawyer file a reply to the motion for summary judgement along with any evidence or affidavits you wish to use in defense. There are deadlines for filing this stuff.
I have not seen the motion scheduled for hearing but think it is probably a motion for summary judgement but suggest you study FL. R. Civ.P 1.510 especially sections (c) and (e)
Do the non-resident cost bond notice.
Work out any further discovery issues and file any motions needed to compel discovery.
If you sit and do nothing, with an insufficient answer and no affirmative defenses you will be steamrollered. If lawyer not on the ball seek out a second opinion.
jamesm the document reads
all parties on the attached master civil service list
YOU WILL TAKE NOTICE that on dec 15th at 9am ,or soon after as counsel may be heard , the plantiff will call up for hearings defendant’s motion to compel and motion to dismiss before the , presdiding court judge
so far my list to take to my lawyer is
1 no corporate seal on AOM
2 no print of notary name , unreadable stamp
3 AOM is after the fact
4 bank did not file non resident bond
5 filing an amended ‘Answer and Affirmative Defenses’ attached to a motion for leave to amend.
6 reply to the motion for summary judgement along with any evidence or affidavits you wish to use in defense.
7 Work out any further discovery issues and file any motions needed to compel discovery
is this a good chck list to take to him?
thank you for all your help
Paranoia runs deep…. But I don’t think your posts triggered the email. I suspect their review shows they have a week case. A) Did they file a notice of canceling the hearing? B) Who are their lawyers? C) Did you review the motion for SJ.
Ok, here is what I have
1. Foreclosure with PNC/National City in ohio
2. Fannie Mae loan number 1707633888
3. Forged Notarized substitution of Trustee
What information can I obtain if I have my Fannie Mae loan #? I am looking for pooling #, anything to use against pnc to stop foreclosure?
Upon its appointment as Conservator on September 6, 2008, the Federal Housing Finance Agency (FHFA) immediately succeeded to all rights, titles, powers and privileges of Freddie Mac, and of any stockholder, officer or director of Freddie Mac with respect to Freddie Mac and its assets. In connection with its appointment of the new directors, FHFA, as Conservator, has delegated certain roles and responsibilities to the reconstituted Board,
Conservatorship is a legal concept in the United States of America, where an entity or organization is subjected to the legal control of an external entity or organization, known as a conservator. Conservatorship is established either by court order (with regards to individuals) or via a statutory or regulatory authority (with regards to organizations). When referring to government control of private corporations such as Freddie Mac or Fannie Mae, conservatorship implies a more temporary control than does nationalisation. In other legal terms, a conservatorship may refer to the legal responsibilities over a person. Nevertheless, Freddie Mac is a Government control.
The Federal Housing Finance Agency (FHFA) has been given its authority and responsibility by the lawful citizens of the United States. The effect of Federal Control of Fannie Mae and Freddie Mac through FHFA conservatorship is that FHFA will “support the soundness of the obligations and guarantees on securities issued by Fannie Mae and Freddie Mac to obtain funds.” That means essentially that Fannie Mae and Freddie Mac guarantees of principal and interest payments on mortgage backed securities have become obligations of the federal government, ultimately obligations of the American Taxpayer. This is fact not subject to any reasonable dispute.
Freddie Mac a creation of an act of Congress exists under the authority of the People, bound by the rule of law. It is well settled that Congress cannot give powers to an entity greater than those it holds itself. The US Constitution is the governing law of the peoples Congress, as such Freddie Mac has no greater power than bestowed upon it by the Constitution. Plaintiffs are entitled, better still, guaranteed the right of due process as in see, 14 amendment US Constitution Sec 1 “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Sean Patrick
Trustee The Family Solomon Trust
Solomon vs Eloan
Ca Eastern District
Ca BK Sacramento District
Pa., N.J. join nationwide mortgage foreclosure probe
By Alan Zibel
ASSOCIATED PRESS
WASHINGTON – Officials in 50 states and the District of Columbia have launched a joint investigation into allegations that mortgage companies mishandled documents and broke laws in foreclosing on hundreds of thousands of homeowners.
The states’ attorneys general and bank regulators will examine whether mortgage company employees made false statements or prepared documents improperly.
Alabama initially did not sign on to the investigation. It reversed course after the joint statement was released.
Attorneys general have taken the lead in responding to a nationwide scandal that has called into question the accuracy and legitimacy of documents that lenders relied on to evict people from the homes. Employees of four large lenders have acknowledged in depositions that they signed off on foreclosure documents without reading them.
The allegations raise the possibility that foreclosure proceedings nationwide could be subject to legal challenge. Some foreclosures could be overturned. More than 2.5 million homes have been lost to foreclosure since the recession started in December 2007, according to RealtyTrac Inc.
The state officials said they intend to use their investigation to fix the problems that surfaced in the mortgage industry.
“This is not simply about a glitch in paperwork,” said Iowa Attorney General Tom Miller, who is leading the probe. “It’s also about some companies violating the law and many people losing their homes.”
Ally Financial Inc.’s GMAC Mortgage Unit (which has major operations in Fort Washington, Montgomery County), Bank of America and JPMorgan Chase & Co. already have halted some questionable foreclosures. Other banks, including Citigroup Inc. and Wells Fargo & Co. have not stopped processing foreclosures, saying they did nothing wrong.
“We look forward to cooperating with the attorneys general,” Tom Kelly, a spokesman for New York-based JPMorgan Chase, said today.
Also, today, JPMorgan Chase said it was expanding its review of foreclosures to 41 states. The bank is now reviewing about 115,000 foreclosure cases, up from 56,000, said Douglas Braunstein, chief financial officer for JPMorgan Chase & Co.
In a joint statement, the state officials said they would review evidence that legal documents were signed by mortgage company employees who “did not have personal knowledge of the facts asserted in the documents.” They also said that many of those documents appear to have been signed without a notary public witnessing that signature – a violation of most state laws.
“We encourage homeowners to contact our office as soon as possible if they believe they have been targeted by inappropriate foreclosures,” Pennsylvania Attorney General Tom Corbett said today. “We are working to determine if any lenders or mortgage servicing companies operating in Pennsylvania have violated our Consumer Protection Laws by failing to follow proper foreclosure procedures.”
His New Jersey counterpart, Attorney General Paula T. Dow, said: “This is not a gray area. Either our legal requirements for filing foreclosures were followed or they weren’t, and we will hold the companies accountable for their systematic violations.”
As part of its probe, the group established an executive committee of top legal officers from 12 states: Arizona, California, Colorado, Connecticut, Florida, Illinois, Iowa, New York, North Carolina, Ohio, Texas and Washington, and banking regulators from Pennsylvania, Maryland and New York.
Some lenders have acknowledged that employees may have completed court affidavits without confirming their accuracy. In December, a GMAC employee said in a deposition in a foreclosure case in West Palm Beach, Fla., that his team of 13 people signed about 10,000 documents a month without verifying them.
Ohio Attorney General Richard Cordray announced last week that he sued Ally in state court, claiming the GMAC unit committed fraud and violated state consumer law by filing false affidavits in foreclosure proceedings.
“What we have seen are not mere technicalities,” said Ohio Attorney General Richard Cordray. “This is about the private property rights of homeowners facing foreclosure and the integrity of our court system, which cannot enter judgments based on fraudulent evidence.”
This article contains information from Bloomberg News. October 13th 2010
Read more: http://www.philly.com/philly/business/20101013_Pa___N_J__join_foreclosure_probe.html#ixzz16ANQQhZf
I would like to ask HOW we can look up our mortgage on the securities website… it is VERY HARD to use, and NOT very user friendly.
thank you
If you know the name of the Trust and your loan has been securitized, you can find the Trust at http://www.secinfo.com. More than likely, you will need to play with Trust Name in the Search Box to locate the Group and 8-K. Your loan will be in a Loan Schedule that may or may not be disclosed in the PSA(Pooling and Servicing Agreement). Go to the 8-K of your Trust Name (Group) to find the PSA. If you are lucky, it will have your Loan I.D. Number. If you don’t know your Trust Name, you may need someone like http://www.livinglies.wordpress.com to find the name of your Trust for a fee. I’m a homeowner and hopes this will help you. Hopefully, there will be others who will chip in and give you more info.
Finding your loan is just the beginning. Knowing what to do with it is where the experts come in. I’m not by any means anywhere near an expert, but looking at this website will give you an idea of what they are looking for that helps homeowners. http://thepatriotswar.com/wp-content/uploads/Executed-Affidavit-and-Exhibits.pdf .
I have been searching for a few weeks now, and I find the SEC search filings, the most complex thing I have had to do in stopping my foreclosure. I know that Fannie Mae owns the loan and I have the loan # from Fannie Mae and still cannot find what I am looking for. We got the loan in August of 2008. Yikes…
WE NEED TO ORGANIZE TOWN HALL MEETINGS!!!! PICKET SIGNS, FLYERS NAD ANGRY HOMEOWNERS UNITE IN A PUBLIC PLACE!!!!
We are all under attack from the Wall Street Banksters and there may be force in numbers…as the Tea Party has proven in the past 2 years…however, what they started is what needs to be done with our efforts….
My story is like many others…
* Attempting to obtain a load modification for many months of back and forth, faxing same papers over & over and after receiving a forbearance agreement for a 3 month trial, my home was foreclosed on without any Notice and while I was paying. This was August of 2009….
* I filed Bankruptcy in December of 2009 and was denied a “stay” in BK Court and was advised by that Judge to head to Superior Court with my claims of fraud etc.
* I did just that, I had my BK Attorney help me with putting my Complaint together. All the while, the Banks hired an Attorney to evict me in another Court. That Unlawful Detainer Judge suggested I consolidate the eviction case and my Complaint in Superior Court and that Superior Court Judge granted the “consolidation” and gave me a temporary injunction so no eviction can occur until after this case is settled.
* My case has demanded that I dig for information on who actually owns my loan, which has brought me to the realization of MERS and the fraud the Wall Street Banksters have committed in plain sight of the US Government and our elected officials…it has been an eye opening exercise to say the least.
I am suing Wells Fargo Home Mortgage, US Bank, MERS and their foreclosure mill operation, Cal Western Reconveyance. 4 Defendants and 3 of them are being defended by one law firm…Wells Fargo, MERS and US Bank…all with one lawyer, continuing to prove their connections in transferring and assigning loans back and forth between eachother…I have all the documentation to prove fraud, intentional and deceitful mis representation, breach of contract, violation of civil codes etc…12 causes of actions in all. I have been ordered by this Judge to pay the amount I was in the rears, $8,500, and continue to pay my mortgage payments to the Unlawful Detainer Attorney, which I have been doing for the past 8 months. I am now heading back to Court December 6th to ask the Judge to stop my Order to continue to pay on a mortgage that has already been foreclosed and written off by Wells Fargo last year!! I am also submitting a MOTION TO COMPEL demanding that the Judge order the Defendants to show any documents showing that they had the authority to foreclose and to continue to receive my hard earned money on a loan already foreclosed and written off…should prove who’s who in this zoo!
My story is like many others, however, so many are yelling for a class action lawsuit because so many homeowners can’t imagine suing their lenders…without an Attorney…well, I have talked to many lawyers and most of them really don’t “get it”…they want thousands of dollars from you and in one moment, of any conversation about this or that, will expose that they just don’t understand or believe what the banks are really doing! So, I muddle through this on my own with much help from the websites we all support…I have submitted motions and pleadings with my allegations and proof in the form of documents found, and not found, in the County Recorders Office here in the desert.
* It is my understanding that the only class action lawsuits filed against MERS right now are from States Attorney’s General’s on behalf of the Counties in those States and not for the individual homeowners….All the States have been effected because of the failure by MERS to file loan docs and assignments through the Recorders resulting in billions of dollars in lost revenue for those filing fees. I have been told that all the homeowners stories are different because of one issue or another, however, all the Counties in every State are under the exact same issue of not receiving funds for filing fees.
It is also my understanding that http://www.4closurefraud.org is discussing joining together, across State lines, in order to have our voices heard because the mainstream media is owned and controlled by the Wall Street Banksters so they will NOT keep the reporting up daily as they did the miners in Chili or currently doing with the Wedding plans of Prince Edward. I am all about joining forces, however, someone with better knowledge than me, needs to develop a system online for everyone to get on board. Some system that will coordinate each State to set up a full scale campaign to meet for a town hall gathering, with picket signs and speakers that are involved with this nightmare…If these plans can be made online, with everyone contributing their ideas about who can print picket signs and staple to sticks, print flyers to distribute to media and other homeowners, and to garner a PR person to send out Press Releases in order to get the media there…then we are on the road….
* A Town Hall meeting should be done somewhere where it is not snowing and freezing…if a Town Hall could be done in the sun, where homeowners in the cold of winter can appreciate the picketing going on in a sunny California environment and the news crews can set up in the warmth of a sunny day, I believe we will get more attention…needless to say, Palm Springs is a perfect setting and I believe there is a grass roots group here from MoveOn.org.
Well, that’s my story and my idea of getting Town Hall meetings together with homeowners under attack. This must be exposed in a more visual manner…the internet has brought us together, now we need to get into the streets…preferably on a sunny street! I have pretty good connections with the Mayor Of Palm Springs who just lost to Mary Bono Mack, who may be the perfect person to hit up for this new direction….
Let me know your thoughts and what your strengths are to further this discussion on coordinating Town Hall Meetings to turn this mess around!!
Awaiting your response,
Elyse
Rancho Mirage, Calif.
(760) 770-6611
elyse@gte.net
California’s broke, borrowing billions, state and municipal offices probably going to shrink. Not sure about this, but getting some judge to put a moratorium on everything, leave people in their homes might help for a while, and then meantime hop on board of some class action lawsuit to get your problem blocked from further action? Just a thought.
And use this site to get your docs, watch carefully for signs that your house is about to be sold, have those quashed by a judge as another poster here did. Good luck.
Background:
MetLife/First Horizon: 11 months of begging for loan mod, approved, acceptance made, signed notarized and returned to MetLife but the docs were never filed and the *&^$$% I was dealing with was demoted and retaliated against me (they don’t need two VPs for the Robbery Dept post merger), perjury, robo – signing, no knowledge…, predatory lending practices, retaliation, threats of violence, false police reports, ultimately a fraudulent foreclosure in Idaho and a god awful mess. Thanks Snoopy… now time for Camp of the same name. This by firms based in New York and Texas and my home state of Idaho. I think that one’s called collusion. Anyone want to join forces? I’m in. If you were abused by a Moody’s rated firm, like I was, call them and ask to be heard by someone in their legal department. They have an obligation to hear of allegations of Fraud. Think of them as big brothers, big brother. – trevor.hitchin@gmail.com
To MetLife’s CEO, Mr. Robert Hendrickson (a.ka. Chief Thief)
November 23, 2010
Dear Bob,
Why is it that every night I see white collar crime as the lead story on every major online news service? Then I turn on the television and on CNN, MSNBC and CSPAN it is the same – mortgage fraud and white collar criminals being investigated by State and Federal authorities.
Tonight it was:
http://finance.yahoo.com/news/Administration-faults-firms-apf-3560843576.html?x=0&sec=topStories&pos=7&asset=&ccode=
and
http://finance.yahoo.com/news/Insidertrading-probe-wades-apf-155934174.html?x=0
As I have said ALL ALONG, I am open to a fair and reasonable out-of-court settlement, sealed if it must be. I learned today that your firm, First Horizon has hired outside counsel to review my claim for damages. Can you please provide me with that firm’s contact information? Your prior attorney, Ms. Laura Burri, informed me she and her firm, Ringert Law Chartered of Boise, Idaho is no longer representing you in this matter. I believe she is also under investigation – as it should be in my opinion, assuming this is the case.
As I have been offering for the past year now, please call me if you want to offer any restitution for my damages, up to and including a violation of my Civil Rights. I know we can settle this fairly and noticed yesterday the For Sale Sign placed by Becky Sherr of Realty Royale is no longer on the property at 1315 West Fort Street. I hope you didn’t sell my house, the one you stole and then lied about. I hope you actually asked to have the signed taken down. . . but with you people, one never can tell. I wanted my house back as partial restitution. That house, that particular house.
This is now the 3rd Thanksgiving your Company has made difficult for me in Boise. It took a year to beg Tony Francis for a loan modification (with poor sleep nightly), a year to be abused and thieved of the house (and harassed by your thugs, lawyer and sleazy agent/broker), and then a year to seek Justice. Happy Thanksgiving Bob.
So it’s 17 degrees tonight in Boise, not much food in the fridge and ruined credit thanks to your company lowering my PRIMARY residence 30 year note from 7.5% to 7.25% and increasing my payment on the loan modification offer made to me in writing by your Firm.
Incidentally, you’ll make sure Mr. Francis, Ms. Black, Ms. Sherr, Mr. Fischer and Ms. Burri all get their Holiday bonuses, now won’t you? You should have enough there from the profits of your fraudulent foreclosure actions (robbery) and the tax payer bailouts of your Company.
Trusting we can reach a peaceful and fair resolution to this matter. Nobody wins in Court, Bob, especially not MetLife these days, the way you do it. Even when you think you have won, you have lost. Just ask Ms. Burri. What comes around….
I will take your call if you wish to resolve this.
-TDH “777”
208 XXX XXXX.
I would like to thank everyone on this site. After reading information on here, I set out to find fraud in my loan documents to stop foreclosure. I have been successful in stopping 3 foreclosure sale dates on my own, without legal council. I searched the public records for my loan info and then found the Notary’s official signature, recorded in the state she was commissioned and guess what? They are not even close to matching. Now I have a technicality to stop foreclosure again. I have spent hours reading and learning. At first I was devastated and figured there was nothing I could do. Then I found this sight, read that other people were in the same boat and used the information to gain knowledge and confidence to fight. I am not a deadbeat homeowner, I have been paying and I am still in foreclosure and I will keep fighting!
Sincerely, Tortelli
Tortelli,
God bless you, and that is GREAT news that you’ve been able to win in court, by yourself, just from reading and researching the facts. Keep up the good fight, and maybe the tide will soon turn in our favor even at the government level.
We all have to look our for one another, because we are all fellow Americans and fellow struggling human beings.
J A 🙂
OKAY FOLKS IN FLORIDA: THE 4th DISTRICT COURT OF APPEAL IN PALM BEACH ruled in an appeal
today by the Ticktin lawfirm styled Freemon v. Deutsch Bank (represented by the Shapiro and Fishman lawfirm) that you can’t setaside a default foreclosure judgment on the basis that the person signing the affidavit of indebtedness didn’t personally verify the amounts before she signed. So…..anyone who lost their house through foreclosure will NOT be able to get it back based on
a robo-signer. You have to at least show that you were NOT in default on your loan to begin with, or that you
really didn’t owe what the affidavit by the robo-signer said you owed. The appeals court said that it is not
fraud for this to occur.
That case still doesn’t address the situations where the “Plaintiff” has no standing to bring the foreclosure suit in the first place because either the mortgage and note wasn’t assigned to them or it was assigned months after the case was filed. Anybody have any good/bad news on that issue in Florida?
Just in the last few days, the same 4th Circuit, in Servedio v. US Bank, ruled that the “absence of the original note created a genuine issue of material fact.”
Florida’s 4th Circuit effectively said that to have standing, the Plaintiff must possess the original note.
Please see:
http://www.miamirealestateattorneyblog.com/2010/10/florida-appellate-court-vacate.html
And
http://www.4dca.org/opinions/Oct%202010/10-27-10/4D10-1898.op.pdf
I’m not an attorney, but that’s how I’m reading the brief.
-Jason
Lack of standing at the time suit is filed is still an okay defense IF raised in an answer to
the complaint. But this mistake by the plaintiff is easily cured by the plaintiff either getting the assignment and filing a new lawsuit, or the lawyers simply filing a new foreclosure suit under
the name of the “current” mortgage owner.
The appeal case mentioned above means that lawyers will be unsuccessful setting aside the
foreclosure judgments that have already been entered, based solely on the claim of a
defectively signed affidavit of indebtedness that otherwise is essentially correct on the amounts owed by the homeowner. A defectively signed affidavit is not considered a “fraud” sufficient to setaside a foreclosure judgment..
If the courts are going to allow Perjury, They are not going to let Standing get in the way to a foreclosure.
Okay, if they have to file a new foreclosure suit, whose house is it, in the meantime?
The house is always yours until the certificate of title is issued after the foreclosure sale takes place.
Alex, then what would be “fraud” sufficient to set aside a foreclosure judement in today’s scenario?
This appeal case occurred in the situation where the homeowner had never originally contested
the lawsuit, and hired a lawyer only after a foreclosure judgment had been entered against her.
According to the appeals court decision, the homeowner would have to allege and file his own
affidavit denying she had not been in default on the mortgage payments, or explain his “other”
number for the lower principal or interest amounts he believed he really owed on the mortgage.
In other words, you need to show a material financial injury to you caused by the improperly signed affidavit.
So, Perjury is okay in the courts? Notaries are no longer required. Are the judges who rules on Affidavits of Indebtness(Freeman v. Deutsch Bank) the same ones who rules on Standing(Servedio v. U S Bank) ?
If the courts allow Perjury in the courts, will they (as the courts have allowed) also say that Fraud Upon The Court is next ?
The issue is not whether perjury is okay (which it isn’t); but whether the defectively signed
affidavit contained numbers or facts about the status of your mortgage payments that were wrong.
Actually, the bank doesn’t actually legally need an affidavit of indebtedness if the homeowner defaults to the original complaint, and all the bank was suing for was the principal amount and interest; and actual court filing fees, since those sums are considered liquidated damages for
which no proof is needed when the homeowner fails to file an answer to the complaint.
The courts made the rules that required that the person signing the Affidavit of Indebtness have Personal Knowledge of the amount due. Perjury is still on the books for this Fraudulent act. Wake up Floridians! The courts are WRONG.
It would be up the state to prosecute anyone who really committed perjury; but they only do that
when the statement is false AND financial or other material injury occured to someone from the false swearing. However; if the person would have still lost the house if the affidavit had been
properly sworn to, then it is an immaterial event, and the courts won’t act on it; at least not
after the fact when a foreclosure judgment has already been entered against the homeowner
because she never challenged the affidavit prior to the final judgment being entered against her.
In other words, why fight and waste court time over the form of something if the results would have been the same anyway if it had been properly prepared.
If a Defectively Signed Affidavit was brought to the attention of Appellate Judges ( that’s Appellate Judges) to set aside a foreclosure judgment, whether or not the Defendant answered the complaint, whether the amounts were correct or incorrect, is allowing Fraud Upon the Court. The judges allowing the Fraud are making the court an Accessory to the Fraud.
Alec:
I find this an unsurprising and not even an unreasonable result. Affidavits are used in support of essentially every summary judgment on every type of suit, including a wide variety of non-foreclosure related matters.
A defendant has some responsibility under the Rules to ANSWER and defend a suit. Where sewer service can be shown and the defendant lacked actual notice of the suit, then this can be a basis for setting aside a judgment.
Similarly, a defendant has some responsibility to oppose the motion for summary judgment by showing that there is CONTESTED evidence.
Discovery exists for the express purpose of deposing potential witnesses and discovering the true facts of the case. This decision does NOT stand for the proposition that perjured robo-signed affidavits are OK. To the contrary, it only serves to show that where the alleged defect is confined to robo-signing, this isn’t going to be sufficient to overturn a judgment already entered. Something MORE is still needed. Something such as an affirmative showing that the facts alleged in the robo-signed document are actually UNTRUE.
Setting aside judgments based solely on the allegation that the affiant didn’t read, examine and carefully verify the facts set forth, WITHOUT a showing that the facts recited are also UNTRUE, would open essentially EVERY summary judgment to re-litigation. This, the courts are unwilling to do.
The EASE with which it has been demonstrated that admissions of misconduct may be obtained through a well conducted deposition shows that aggressive discovery ought to have been undertaken in the first instance.
*
Those who can show that the plaintiff relied upon not only robo-signed affidavits, but also palpably FALSE affidavits, forged assignments and/or other fabricated evidence may still prevail. But the robo-signing alone isn’t going to be enough.
Ticktin should have KNOWN BETTER. Even bringing such an appeal on such narrow issues is a disservice to those defending in foreclosures where more significant mischief can be shown.
William,
Your post gives me hope, because I am possibly one of the few Florida foreclosure cases that fits all the criteria you mentioned. I represented myself in court and held off the Florida Defaul Law Group for 11 months. I was able to prove in all my objections (which were all filed within the required timeframe) that there was fraud IN MY LOAN DOCS. I had signed that inch-thick stack of documents agreeing to a set of loan terms I could live with and afford, and then immediately my loan left the hands of Litton Loan Processing and ended up with Wilmington Finance, a subprime arm of AIG at the time.
The loan was a refi so that I could do much needed renovations to my vintage 1946 cottage. The loan terms included cash out because I really DID have equity in my home since I’d bought it from my landlord for such a good price.
From the get-go the amount of cash out I received was less than HALF what I signed for in my loan docs; they had also included exhorbitant processing fees that had not been listed on what I signed; beyond all this, they could not produce the note, and when they did, it was from MERS. One of the affidavits in my file was signed by the infamous Erin Collins Cullaro.
But as you state, I WAS involved from the beginning of the process–I DID answer the complaint with timely objections — I DID prove fraud in the original loan docs — I even quote Florida statutes to remind the judge that according to the wording therein, he had the right, the power, and the responsibility to vacate the judgment in the event of fraud on the plaintiff’s part — I DID show up for all my hearings — I provided copies of every aspect of my loan docs to prove the fraud that I was claiming.
THEREFORE, you have now given me great hope that if I retain a good attorney, I should be able to file an appeal and win.
Are you an attorney here in Florida? If not, please let me know if you know one. If anyone reading this post is an attorney who would like to represent me, please contact me at lady.linguista@gmail.com. I will make your work easy — I have copies of every single paper the plaintiffs filed and every single paper I filed. I have copies of all my loan docs. I’m an editor by profession, and so I am very detail oriented.
Thank you to whoever reads this and can point me in the right direction.
Alec (all)
Crucial that you submit a comprehensive, well thought out qualified written request to demand documentation of the amount which is accurately owed, (I would suggest you ask for this information as of a certain date).
Federal law under RESPA gives you a powerful tool to demand an answer from your servicer but you have to use it.
For FREE information and sample letters
simply google “qualified written request” or “qwr”
search:www.homeownershipmatters.blogspot.com and search posts for both of those
FREE is helpful to get informed but weak on HOW to do it right/effectively
For inexpensive (29.00) step by step comprehensive instructions on EXACTLY how to complete one and what to include in YOURS and how to mail it so you don’t get thrown in the trash can, google http://www.DovePublishingHouse.com and purchase “Avoiding Foreclosure Using a Qualified Written Request”
You can do it yourself, you just need the instructions accurately. 55 page pdf instructions will be emailed to you in less than 24 hours in most cases.
EVERY defaulted borrower needs to send a qualified written request as your first step in defense.
Best of luck in the fight!
Has anyone rechecked these people who have admitted to robo-signing, to see whether they are still employed and signing documents today? Robert Bly for example?
Based on the 4th district court of appeal decision today in palm beach, florida, a lot of foreclsoures will not be able to really be contested on the basis of a “robo-signer” having signed the affidavit of amount due;
particularly those who had never answered the foreclosure complaint and were defaulted.
re:Crystal Moore deposition I notice this question was NOT asked, Did any notary at your company ever ask you for proof of your right to sign for a specific company/lender/servicer?
Did you ever show your authorization to sign for a specific company to the notary notarizing your signature as part of the notarization?
Did you ever sign a notary log journal for a notary’s record keeping?
In Fl journals are not required I think, but See Florida Statute Ch 117 go to duties of a notary (4) F and (5) if they aren’t using a journal in Florida they must show how they checked credeniatials for power to sign and write that in their certificate as part of their notarization. Read the statute, and think this one through. It could help a lot of people.
Also do any of these affidavits, of so many shapes and sizes, require someone be sworn in first, and was that done, an oath administered, and noted?
Who has submitted a subpoena to get the correct actual signature that a given notary must use, as established by their individual documents with their state?
Am I correct to assume this is a Country-wide Loan that was purchased by Bank of America? I do know for certain it is not a Fannie or FHA loan. Ive always been told its a Ginnie Mae since I am in neither database. Now I understand what that means (securitized). There is no record of any assignment whatsoever even though my original lender went out of business in 2007. …Well, I dug up all the paperwork on my “mortgage” that I could possibly find that I signed for back in 2006. You know those legal ssized pieces of paper that you sign at closing? Thankfully, I have every single page. In the bottom left corner of the the LVP (Loan Voucher Paperwork) it states, “when completed return it to CountryWide”. It also has two adresses–one in Florida and California.
I am so disappointed about Mike Dewine being elected here in Ohio. We lost a huge voice here in Ohio now that Richard Corday will no longer be Attorney General. From Mr. Dewine’s statements, my gut is telling me we can say bye bye to the Ohio Lawsuit. Does anyone know how to contact Mr. Dewine? Would others here join me in contacting him and putting pressure on him to do the right thing? He needs to know that yes, ordinary people do care about this issue!
I ask for your help in reaching the masses!!!. We currently have our attorney’s rolling up their sleeves, getting their boxes or pens and note tablets ready, as we have notified them to proceed with the Class Action against Chase Home Finance.
We need not only your help but the help of everyone that is either a homeowner, or knows a homeowner in Wisconsin that is having problems with Chase Home Finance and the HAMP trial modification.
I graciously ask that you refer those homeowners to Fighting CHF’s blog: http://fightingchasehomefinance.blogspot.com, as well as have them email us at fightingchf@gmail.com
This is so they can tell their story as well as include current contact information so our attorneys can contact them with regard to the class action.
Most of you know me by Neyko, and I have been fighting these banksters for almost 3 yrs. Now we have them, with their pants down, and we’re looking for a nice flexible switch.
Time is of the essence, and for some WI homeowners, that may mean only days!!!!
Thank you Micheal & Attorney Ashbury as well as all the warrior lawyers, and homeowners for helping to recognize the bank’s wrongful ways. and grossly poor conduct.
TOGETHER, WE THE MASSES WILL BRING DOWN THESE GIANTS!!!!!!
Please join this Linkedin group. You can find it under groups. Just type in Foreclosure Fraud. Then join.
I think this will help make this fraud against us as homeowners and us as citizens who are being denied due process become much more viral across the internet.
This group is for people who have been foreclosed on, are currently being foreclosed on and all others who are tired of the foreclosure fraud that is taking over our judicial system.
These actions and participants in these actions include MERS, loan servicers, banks, Fannie Mae, Freddie Mac, robo signers, illegal and late assignment of mortgages, foreclosure mill law offices and foreclosure judges that allow plaintffs (who really have no standing as plaintiffs as they are not the holder of the note and mortgage)
to take our homes as well as our rights to due process under the law etc., etc.. County court clerks and recorders of deeds should join this group as your counties are being cheated out of millions of dollars in recording fees that could save your counties from essential worker layoffs.
Ms. Doyle,
If any of your LinkedIn members live in Wisconsin and are having problems with Chase Home Finance and the HAMP trial modification please direct them to us.
I sn’t the court clerk responsible for making sure there is a notarization on a “sworn” document before accepting it into the file?
When are judges going to start “dismissing with prejudice,” whenever there is obvious fraud or perjury upon the court? Maybe its time to put some of the spotlight on the judges, and how many cases a day some of these rocket docket judges did in a day. They too have a responsibilty to know their cases so as to make informed decisions. If none or next to none of the paperwork is attached to an affidavit where an MBS is named, a judge should be able to tell the affidavit is potentially fraud on the court just by the lack of a stack of papers, cause I’ve read the average MBS ownership entails the mortgage/deed of trust having been transferred at least four times. Every transfer must have its own documentation to show the links of the chain of title, I do believe.
And someone pointed out unelected judges have no right per the FL Constitution to be sitting for these foreclosure cases. Anyone know more about that? Or doing anything about that?
How about a team of volunteers doing amicus briefs pointing out some of the obvious defects in files and all calling on one targeted judge to look at the entire set of his files himself, to cause the judge to be responsible as much as the attorney that plead it. Or just a team of volunteers watching a judge’s case load, and keep records of what foreclosures he’s hearing and do the same with them, after he has ruled. Offer the list of defects found to him. And be polite in pointing out that better given to him than to the press.
Would an attorney put up a simple fill-in the blank form for filing such a submission? Each county may be different in some regards. A simple beginner’s checklist, and obviously not a complete one, could be of great benefit. I don’t know Florida but in my state, unless its sealed I can go and ask to look at the file of any case before the court.. If one judge had several volunteers go through say 5 files each for a simple list of possible defects. And called them all to his attention, then that judge would become very aware of what may have been glossed over before that point.
And if you have a list of robo-signers and you’re sure of your information, please send them to states’ attorneys general, especially Att Gen Cordray in Ohio. He called for every case with a certain robo-signer’s name in the file from 133 judges in his state! . With that precedent maybe we can get this kind of call in multiple states for every known-to-be robo-signor, and every lender/servicer/MBStrustee known to be using robo-signers.
Also who is comparing the signatures of notaries on their licensing document with the one they are using now? For example: FL statute requires using the same name in their signature as they were commissioned under, not some initials. I do believe , by itself it is grounds to nullify the document that would need a valid notarization. Every judge should know to never accept a notary signature that is just an initial. How does one correctly subpoena a true copy of that licensing signature in the FL secretary of state’s records? Do a little research. ( For your state, go to the secretary of states’s website and search their menu.)
Know your notary statute. for example: google ” FL Statute notary public law and read at least 4 or 5 entries. Reading one will often suggest the next sub-topic. and keep notes or print outs of what you found AND where you found it in a statute, by number, and so you can find it again.
In my mind every attorney filing in defense of a foreclosure upon their client , who spots a fraud or robo-signer, could claim the doctrine of clean hands, and demand dismissal with prejudice for lack of clean hands, or however that is technically done correctly. Maybe lack of standing for the entire Plaintiff-entity to come before the court in the state from now on?
Remember, I do believe, that the principle is responsible for the acts of its agents and employees acting in the normal course of their assigned duties. If enough attorneys start screaming about unclean hands it could make a huge difference for a huge number of people.
( I am not an attorney, seek legal advise. Just educate yourself and prepare so you can use your attorneys time wisely.)
My home is in Missouri. I feel like the Missouri legal system just doesn’t care. Lawyers I’ve called so far aren’t interested in helping fight B of A from claiming ownership of my home even when they haven’t proven they have my note and are not on the title. I was current when my house was up for sale, was working on a short sale having followed the requirement of B of A that I would have to have missed payments for them to work with me and the potential buyer. B of A transferred my account to their HUD department which had no clue of the short sale. Let’s just say, B of A knowingly screwed up the sale and now I’m screwed. I’m pissed!!!! These entities can commit fraud, manipulate and steal yet I and other homeowners are punished for their actions. It’s even more frustrating we who have homes in Non-Judicial States can’t get help from our own legal systems.
i am looking for a top notch lawyer in Missouri myself. I have a very unusual foreclosure case myself.
if any one has any suggestions please let me know.
I contacted http://www.mobar.org/ Missouri Bar on line, told them my situation, which the women said is very complex and said she can refer me to a foreclosure lawyer in the county my home is in for $25, which gives me a 30 minute consultation with the lawyer. Haven’t called yet. Waiting to see where things go at the moment. Have been checking Missouri Case Net online to see if B of A files foreclosure proceedings with the courts. So far, nothing.
I’ve emailed the Attorney General twice. I’m gathering information and printing out documents that might help me in case I need to go to court and / or bring a lawyer up to date on what is going on. Callaway County lawyers and court employees don’t seem to know what is going on. It’s depressing.
To do your best with a short amount of time Prepare for your attorney call. Make a recital list of facts the attorney will need. Timing, too. Cut out the long story, do your best to cut out the emotions for time’s sake.. By forcing yourself to list the facts you can read him a lot in very little time. Give big picture context facts then content facts so they can see/hear/grasp it easily.
Learn where you can learn to represent yourself in the court case if needed. Which is the correct court to file with. Ask how to file and to object correctly if you have to do it yourself. Learn where you can get or access a rules of civil proceedure book that your court uses. If you do it yourself, you will need to know their format for documents. Decide in advance what are your most important questions. And list them with the most important to ask first. Do your best to stop the attorney from rambling, keep him on topic, unless what you’re hearing is valuable.
Paralegals can fill out forms but not give legal advise yet just seeing can help you learn. Get a list of documents they can prepare and the cost. (that list may be of help, or not.)
Go to the right court’s file room and read cases other people had or have. Especially if they did it themselves and were heard. Notice format, spacing, fonts and the like, and how they outline what they say rather than content. Notice the organization within the presentation and how they show respect to the court.. Notice how dry and factual and reasoning it appears.
Google and read Missouri Statutes foreclosure, and missouri statutes public trustee. You will notice references to statutes by number. In this case Title means a major topic of law within the statutes. Look for the title(s) relevant to you. (Rmember this is only the statutes, and case law also governs, so it is not always obvious how the law has been applied over the years.)
Prepare, and pray. Literally pray for divine order and divine truth and divine guidance, knowledge and wisdom, and divine right action, and peace of mind, in everything to do with your situation. And include all involved with your foreclosure, every clerk, legal person, lender personnel and agents etc., and public trustee and all attorneys and their entire staffs. Best done before you do that attorney call. I’ve witnessed prayer produce results literally thousands of times in my life. Call for prayer at a place such as Silent Unity 1 800 669 7729 as it maintains a prayer vigil for 30 days in constant support for you. Recall every 30 days., or do your request online. You can prevail, keep your initiative, your spirits up, and take action. God bless you. Hope this helped.
Elaine
While working with ACORN last year, the counselor stated that it was actually a ‘good thing’ if FannieMae owned our home. I went to to lookup FannieMae and sure enough our home was listed as being owned by them. Now, it’s about a year later Fanniemae has taken back our home per the notice we received July 2010. When I lookup our address now on Fanniemae lookup, there is NO indication that they own it. Should I be concerned? Is this a red flag?
Florida Notary FAQ & exerpts of statutes From http://www.floridanotary.org
Notary Questions and Answers
Becoming a Florida Notary and acting as a Florida Notary is not difficult. In most cases you witness the signing of a documnet, (sic) apply your seal and you are done.
But if you have questions about becoming a notary, or performing your duties as a Notary, read below as we have attempted to answer the most common questions
What are the residency requirements to be a Florida Notary?
Qualification and Requirements for Florida Notaries
……..
You may only be commissioned in your legal name (or a nickname of your legal name).
Example: John Quinton Public could be commissioned in the names:
John Quinton Public
John Q. Public
J. Quinton Public
J. Q. Public
Johnny Public
You must sign notarial certificates in your commissioned name, and your notary seal must bear that name. No variation from the commissioned name is permitted
Title XLVI
CRIMES Chapter 838
BRIBERY; MIS– USE OF PUBLIC OFFICE View Entire Chapter
838.022
Official misconduct.
The 2010 Florida Statutes Title XLVI
CRIMES
—
(1)
It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to:
(a)
Falsify, or cause another person to falsify, any official record or official document;
(b)
Conceal, cover up, destroy, mutilate, or alter any official record or official document or cause another person to perform such an act; or
(c)
Obstruct, delay, or prevent the communication of information relating to the commission of a felony that directly involves or affects the public agency or public entity served by the public servant.
(2)
For the purposes of this section:
(a)
The term “public servant” does not include a candidate who does not otherwise qualify as a public servant.
(b)
An official record or official document includes only public records.
(3)
Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Chapter 838
BRIBERY; MIS– USE OF PUBLIC OFFICE
Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 117
NOTARIES PUBLIC View Entire Chapter
117.107
Prohibited acts.
—
(1)
A notary public may not use a name or initial in signing certificates other than that by which the notary public is commissioned.
(2)
A notary public may not sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp.
(3)
A notary public may not affix his or her signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment.
…..
(7)
A notary public may not change anything in a written instrument after it has been signed by anyone.
(8)
A notary public may not amend a notarial certificate after the notarization is complete.
(9)
A notary public may not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized. Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this subsection that the notary public acted without intent to defraud. A notary public who violates this subsection with the intent to defraud is guilty of violating s. 117.105.
(10)
A notary public may not notarize a signature on a document if the document is incomplete or blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete.
….
Copyright © 1995-2010 The Florida Legislature
Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 117
NOTARIES PUBLIC View Entire Chapter
117.105
False or fraudulent acknowledgments; penalty.
—
A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
I an Not an attorney, collect your information and get legal counsel where called for!
Can someone being foreclosed upon subpoena the notary log to establish that the notary established the identity of the person signing in their officer of a corporation capacity? Can they get the page in the log the where the signor signed the notary log for the notary? ( I know that is done in CO and a notary log is referenced on the Florida Notary site.) So far there is no mention of all these robo-signors signing notary logs as also a needed part of their jobs, nor producing for the notaries to acknowledge they saw, their proof of right to sign for the corporations they were purported to sign for.
Anyone up to researching this more for everyone? Go to your state’s secretary of state website and look for notary licensing info. And read the training.
fron GEHS
Hello,
BOA has recently filed foreclosure suit on our house through there Law Firm. Prior to that, a lawyer I had used to challenge the CC collector, had DV’d (debt validation) them on the initial communication. They – Boa’s Law firm – sent back the copy of the note (Countrywide) and an assignment.
It’s this assignment that I need your input, guys. It is from MERS to BOA. A few observations:
1. The day of the assignment is after we DV’d them, meaning at the time of their initial intent to sue BOA did not even have the note assigned to them.
2. The signor on the assignment – the Certifying Officer for MERS – has the same name as one of the Managing Atty’s of the Law Firm. Is this a red flag or anyone can be/become a certifying officer for MERS?
3. There’s no document which would show that countrywide assigned anything to MERS, so it’s countrywide on our note + MERS assigning it back to BOA. Are they not missing something?
Lastly, Fannie May’s website shows that they own our mortgage. Does the BOA or their LAW firm have to produce something to this effect?
Thank in advance.
3) Get someone reputable to look at the mers sight, print the screen and do and affidavit of it showing Fannie May as the lender, before they fix it. Get good sworn affidavit from someone who has no criminal past and who would be a competent and reliable witness at trial if needed.
2) Look at the Mortgage, you may find MERS was nominee for Countrywide on the mortgage. Even if not other AOM’s could magically appear later. The recording laws in your state may play a part in this.
1) Nice date tie in. Sounds like you are building a good case. Document EVERYTHING. Get good competent counsel who specializes in foreclosure, if you can find one who is not swamped. If your home is worth fighting for then call in the cavalry.
Thanks for your reply, James.
3) Looked up the MERS, indeed it shows:
Servicer: BAC Home Loans Servicing, LP Phone:(800) 669-6607
Simi Valley, CA
Investor: Fannie Mae Phone:(202) 752-7000
Washington, DC
will call the lawyer on this one asap.
2) the state is IL, I just went through the public records, and yes you are correct, the note WAS assigned to MERS on closing date, now i see it on the assignment as well, with a doc number. This was long shot anyway. However this last assignment dated late Aug, 2010, has not been recorded just yet……….
1)Also, the date of transfer on this new assignment and the notary signature are 2 biz days apart, not sure if this has any significance. I’m hoping to get some traction on conflict of interest when an atty acts as an employee for MERS as well as for the plaintiff based on this: http://mattweidnerlaw.com/blog/wp-content/uploads/2010/07/merstwilightzone.pdf courtesy of 4closurefraud.org. Just forwarded it to the lawyer as well.
Oh yea, and kicker……the suit was filed on Aug 15th, supposedly within the moratorium period, one moratorium it was, hah?
I do intend to fight, even if only to get some favorable terms from BAC, for pers. reasons can’t have a forclosure on the record. my neighbour in the build just sold his condo retail for a 45% discount to what i owe (not what i paid) , should suffice with negotiations, I hope.
Again thx for your time.
if you any of the sub prime option payment loans from countrywide, you need to mhave docs checked.
it is probably a preditory loan,and you will definately get some results with the right legal method.
Our home was foreclosed on in June, take back from FannieMae. IndyMac/Onewest is the ‘lender’. We sent back HAMP to Indy as well as ACORN(we were working with them) but they still foreclosed. All I’ve been hearing is IndyMAC/Onewest is one of the worst to have because of the sweetheart deal they’ve recieved from govt. However, a few days ago, we filed a lender complaint lawsuit to FIGHT! I have noticed the infamous Erica Johnson Seck name on our paperwork and plan to pursue fraud down that avenue as well. Can anyone give advice on what else we should be doing??
There is a very detailed account of the questionable MERS system with particular attention to settled case law on this topic. It is posted for download in PDF format.
I urge attorneys and interested civilians to read this brilliant and quite comprehensive paper posted by; Christopher Lewis Peterson, from the University of Utah – S.J. Quinney College of Law,
Titled; Two Faces: Demystifying the Mortgage Electronic Registration System’s Land Title Theory
You can download it here;
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1684729
If you are fighting a foreclosure case, if you are a county clerk seeking restitution for recording fees unpaid to your county, if you are an attorney trying to understand this issue, this is a must read.
These criminal acts will not be settled by state’s Attorneys Generals.
Our federal government has already shown that they are too corrupted to deal with these issues in favor of “We the People”.
The ONLY effective line of defense lay in the local courts.
Don’t go tea party on this, arm yourself with knowledge of existing law. It is on your side!
Good luck all.
Here is one thing I learned from fighting insurance companies, who use the same court tactics. They win about 80 percent of appellate judgments due to “trips for judges.” They send appellate judges on free trips to lavish resorts to “give speeches” to bored company lawyers, then give them an emolument of five to ten grand. Judges love this stuff and it’s not considered bribery since they gave a speech and it’s not about a particular case.
But when it’s you VS an insurer on the appellate level, you know who a lot of them favor. It’s better to settle in a lower court, and best in front of a fair jury, not a board.
According to the stories that I have read, $500 trillion derivatives were sold. If you add up all the GDPs of the countries of the world, they don’t amount to that kind of money. I don’t think that the USA has $500 trillion in real estate to begin with. The mathematics clearly indicate that there has to have been major fraud and multiple sales of the same instruments.
MK
I”m a bit confused with all the discussion about what bank is ultimately holding the original note at a given time ( and I understand why this is a point, or at least think I do) when originators could just pass a spreadsheet of account numbers to REMICS to start the securitization process. If they could do the latter, then ‘proof’ of who is currently holding the original note would seem to be only part of the problem. It would seem you have to go through a QWR and discovery process to not only find the original note, but also every piece of data that has your account numbers in it and the metadata for context.
If you don’t a bank could say they currently hold your note, but that doesn’t say anything about whether it’s part of a MBS.
Comments?
The SEIU (Service Employees Union) has put up a website to help people request their “CHAIN OF TITLE” documents. it has the added advantage of letting you report what your bank does to the SEIU which is going to publicize it. Zerohedge has an article on this topic with the link in it. I think that it is titled something like “Show Me the Note” or something similar.
MK
MK, thanks, I’ve done this.
The ‘who’s holding the note strategy’ seems to be coming up short when a bank can say, we’re holding the original, but that doesn’t address whether it is securitized and in a MBS mortgage pool somewhere. There’s a tax consequence of this as well. They bank says were holding it, the original, but they are not paying federal income taxes on the principal and interest that come in, they are only paying taxes on their tranche for servicing. A secondary investor who bought shares in the MBS or bought the MBS is the one paying federal income taxes on receipt of his % of principal and interest, and from a tax perspective, is the owner. Otherwise, why would they be paying income taxes on an asset that they don’t own?
Comments?
To unconfuse yourself see my post of October 22, 2010 at 2:44 PM
Good luck to you.
To B StLaurent ; The plaintiff’s (Bank’s)attorney will wave the Note and Mortgage in front of the judge at a Summary Judgment hearing where the judge will be salivating all over his bench thinking that he is off the hook for granting the Summary Judgment to the Plaintiffs. This doesn’t mean that they own the note and mortgage, but the judge thinks so. The banks will do their best to prevent you from ever getting any discovery that will show who really owns the note and mortgage. You have to do the digging.
Somewhere, I read that in order for REMICS (Tax advantages) to work, they must transfer the note and mortgage if they were securizited. If you are in foreclosure, just ask the Loss Mitigation Departments who owns the mortgage and they are required tol tell you. They may tell you that it is own by Investors such as Freddie Mac or Fannie Mae. Or, You could go to the MERS, Freddie Mac, Fannie Mae websites and there you could find who owns your Note and/or Mortgage. You would really need a good lawyer to help you dig for all the information. Good Luck !
Mortgages pledged multiple times not securitized according to expert:
http://www.washingtonsblog.com/2010/10/foreclosure-expert-confirms-mortgages.html
We are having huge trouble dealing with Wells Fargo, Freddie Mac and their attorney. My husband was unemployed for six months, missed THREE payments to WF, they sent back the fourth and started foreclosure proceedings even though he had just gotten a new job and we are able to afford our home. All we wanted was to repay the missed three payments and get back on track, but they slapped us into foreclosure.
The housing rep was NO help, we could never get an answer from WF or their attorneys. They immediately set a sale date in May, then postponed that one, plus June and July. A week before the sale in August, WF called looking for us to WIRE them $4k, no paperwork, explanation, no guarantees, just to consider us for a modification.
They wanted it August 1st, we did not send it, but received a letter with the specifics August 2nd stating the deadline was the first. Three days later the house was sold at a sheriff’s sale. We are in Michigan and have until February to redeem the house.
We called Freddie Mac, filed complaints with the AG, OCC and congressmen, got NOTHING. We were told last week by WF that we would get an offer this week but it took a week to draw up the paperwork. Today we received it. We can pay them the entire amount by cashier’s or certified check. No repayment plan, nothing.
Any ideas for us?? We CAN afford our house, and now they have destroyed our credit and racked up a ton of late and attorney fees.
I do not know what state you are in but you need an attorney, in that state, who is skilled in foreclosure defense. This sounds irregular but I do not know the process for your state.
Contact the lawers in your state who are on the list on the following link: http://livinglies.wordpress.com/in-trouble-right-now-press-here/lawyers-who-get-it-work-in-progress/
It would help you to get your documents orgnized into two files:
One with your correspondence with the loan servicing company, and the second one for each and every document filed in the public records and your court file, along with the docket sheet from the clerk of court.
Then organize them by date, scan them in to a computer or take them some place you can get them scanned in. Rename each scanned in document so it has a number, the document title, and date . Rename and number them so they are in date order. i.e.
0010 Complaint 01/01/2010
0020 Lis Pendens 02/01/2010
etc
This means you can give the lawers electronically and they can easily review your case, before telling you what they can do on your behalf and how much it might cost. Scanning the documents in once and burning to several CD’s should be cheaper than making complete duplicates of all your documents, to keep and share with attorneys. If you keep or know teenagers, get them to help with this project.
The more organized you appear to be with your documents the less work for the lawyer or any other person who attempts to help you. This is because they don’t have to spend time shorting out and organizing your washing basket of documents before they can get a handle on the issues in your case.
Attorney pricing for services may be a fee up front and so much a month, or flat rate, or by the hour.
If you can’t afford a lawyer still go see some and if your documents are organized they may start you in the right direction, or tell you what deadlines you have cumming up.
You may not be able to pay today, but if you have a pay check coming in at the end of the week or month you can show them ability to pay, paying them instead of the mortgage.
I suggest, if you have time, interview a few law firms that are foreclosure specialists in your state before selecting one. But again don’t procrastinate if deadlines loom. You can’t expect someone to do a perfect legal job for you if you drop it in their lap at the last minute. They have other clients, all of whom signed up before you did.
Do not delay!! You should have done this, organize your documents and find skillful foreclosure counsel when they first told you they were going to foreclose. It is both simpler and cheaper to prevent something happening than to undo it afterwords.
Good luck.
Thanks for the advice! We have retained an attorney. Originally we though that a housing rep could actually help us with all of this.
Where do I get these documents?
…”every document filed in the public records and your court file, along with the docket sheet from the clerk of court.”
FYI….we filed a complaint with the OCC and it seemed to get somebody’s attention! Wells Fargo prepared an accounting of the series of events leading to our foreclosure and sent it to us and the OCC. Unfortunately (and not surprisingly) many of the important details were either refuted or they claimed to have never happened. Luckily our housing rep has all the documentation. So we will be filing further information with the OCC. Try them.
Solomon vs Eloan et al eastern district ca
in re solomon, sean 10-37438-E-13L eastern Bankruptcy court ca
Wells and Counsel Pite Duncan aka PROMMIS SOLUTIONS, Cal WEstern Rec. are all criminals I can say the exact has transpired in our cases. Two Different notes have been filed as well as the evidence of Frediie Mac as Real Party interest yet Wells Frago and their Mill Lawyers still claim to own the mortgage. This government is Mafia.
Consider this…Citizens with lawful title record, refi with the pretender bastards and we all know the loan is Toxic crap. ,Bastards sell the crap to Freddie mac . Ginnie and those others. FAST Forward and its bailout time Pretender Bastards get the trillions in taxpayer [ citizen] Tarp funds. The investers loose big time, the lawful citizen owners of title loose property value or the property to the bastards, Freddie mac / ginnie now in conservatorship [ citizen owned] now own the mortgage/ note/ property and the tax revenue for the bastard bailouts….Pretender Bastards foreclose claiming to be real party when the government is actual real party in interest. Citizen files a civil suit for the sham and must join the real party himself [ government freddie mac/ ginnie] for the theft and fraud committed. The judge with his TITLE 5 retirement invested in the sham securities, orders the TITLE 18 Securities Fraud [ Note] as valid proof of claim and the citizen looses his real property, his government, his future tax revenue and his freedom.
WAKE UP PEOPLE This is what we need to be shouting in the streets,. The Government owns or mortgages. We are paying the tax to bailout the banks so they can steal our property, deeded to the government. We are paying for them to steal our homes, 1776=2011 the riots should be in full swing , but we go quietly like the sheep to slaughter
I am current on three mortgages held by Navy Federal Credit Union (NFCU). All three properties are in Florida – one is my primary, the other two are single-family rental units.
After spending days reading all these documents on this site and Foreclsurehamlet.org (’till 2AM most nights), curiosity got the better of me, and I called NFCU today.
I got through to their mortgage servicing arm, and told them I was reasonably concerned about having a clouded title due to this entire foreclosure-gate stuff. I asked them if they still owned the note/mortgage for all three loans. The agent told me immediately,”we have never sold the servicing of a loan, and never will.”
Politely, I let him know that I was not talking about the servicing, but ownership of the note and mortgage. After a few key strokes, he said my oldest loan (1996) was still entirely owned by NFCU. The other two (2000 and 2004) were sold to Fannie Mae. It then asked how I could be sure the original note and mortgage papers (wet ink) were still in existence. He assured me that NFCU still had them. I questioned him – as I did not understand how that would be possible. I asked if that wouldn’t be akin to selling a car to someone but keeping the title. He said I should contact Fannie Mae to find out if they have the original paperwork.
Interesting. In reviewing my copies of the mortgage and note, I have no references to MERS. The notes list the Lender as NFCU – as does the mortgages .
I’m not looking at getting free homes (the idea is nice – especially after hearing about 300+ billion going to the GSE’s today) – but really am concerned about who owns my note/mortgage – and whether it can be proven so as not to have a clouded title.
I, too, am current on my mortgage. I went through a mortgage broker about three and a half years ago to originate my mortgage. Since then, my mortgage has supposedly been sold to three different servicers and is now ‘owned’ by Bank of America.
We’ve never missed a payment, but in light of the foreclosure mess, I feel it is prudent to verify that BoA actually owns my note and that my chain of title is unbroken. I fully intend to sell this house in the next 2-3 years.
I sent BoA a qualified written request by certified mail to produce the information. As of yet, I have not heard back from them, but they are still within the window according to RESPA provisions.
Out of curiosity, I checked my county records to see if my mortgage had been properly assigned and recorded as such. After buying my note from some other company, BoA now receives my mortgage payment like clockwork. I would assume that multiple assignments would have been recorded since BoA is the third company to whom I have written mortgage checks.
The only thing I found in the county records were my deed and deed of trust. No assignments whatsoever.
Am I missing something? Is it safe to assume that my chain of title is already broken?
I’m not trying to get out of paying my mortgage, but I wouldn’t mind sticking it to The Man either. I’ll certainly have to wait for BoA to respond and prove that they actually own my note. However, without proper assignments recorded in my county, I’m not sure how that is possible.
Yes, you are safe to assume your chain of title is broken.
Nothing over the phone counts. Do a QWR immediately and start the clock ticking. Everything has to be in writing.
Can you please tell me what is a QWR?
THX!
How can I track down the veracity of the information of all transactions of the allonge to note that was attached to the apparent copy of original note in my forclosure if this one is not dated nor notarized…anyone??? it just has signature from one bank to another and so on with no other info…any clue??
Thanks!!
QWR is a Qualified Written Response and you can get examples from George Gingo’s Law Firm in Orlando, FL from his website. Modify it of course to your context. Banks have 60 days to respond. If they don’t you file motions to compel in court. Best…….bstl
BAC’s moratorium on foreclosure sales was a PR stunt. BAC is proceeding with foreclosure sales in Utah.
BAC through Recontrust removed all BAC affiliated foreclosure sales from the Recontrust website that were scheduled through the end of October 2010.
This morning, Recontrust republished the sales and scheduled them for the first week of November 2010.
Has anyone had any difficulities dealing with Carrington Mortgage. Particularly has anyone had Carrington renig on a short sale or loan modification?
I need help. I need to see if HSBC is pulling a fast one on me.
I know I have an HSBC mortgage owned by Fannie Mae.
After two years, summary judgement is set with the lovely Meenu Sasser on November 10. Opposing council Florida default law group. (btw another issue– I need advice on a good attorney, or if I should file a request for mediation to stop this)
Three weeks ago, HSBC said (they are so sweet) do a short sale, if not we can take a deed in lieu after 30 days, and it should work out for you. They also insisted verbally my case is on hold, and they are not taking foreclosure action against me — but admit that they cannot control the Florida Default Law Group.
Then I find this today:
Without Fannie Mae’s prior written consent, a servicer must not consider or solicit a borrower for a Fannie Mae HAFA short sale or DIL with respect to a mortgage loan if:
the mortgage loan is secured by a property in Florida on which foreclosure proceedings are pending, judgment has been obtained, or a hearing on summary judgment or trial is scheduled within 60 days.
So, if this merely a waste of time? If I cannot fight a summary, then I am wasting my time with a short sale right?
You need to hire an attorney now.
Call our office for more info in the morning.
I will. I am at the point where I feel I cannot trust attorneys for good advice since they do not know what is going on, and the bank is totally untrustworthy I also so not want to lay out any more cash to attorneys or anyone else if things are hopeless for me, and the system seems designed to get whatever cash I have left by scaring me into this and that.
Maybe we should all go to DOCX or LPS and just have fake satisfactions of mortgages printed & filed.
Then when and if we are found out we can be just like the banks and Attorney’s and say it must have been a paperwork error.
Whew! I love it! I have been down to the county register of deeds in my area and I saw the worst abuse I have ever seen in my life. Why cant we fight fire with fire? My mortgage had been sold a few months after I got it, the lender went out of business and three different servicers. Not one assignment ot date. The other assignments in the system for others are a JOKE!
can their be a “directed verdict of foreclosure” when the counterclaims are severed from foreclosure and before the jury enters its verdict on the counterclaims
I have a request. Can somebody locate an FTP site so that we can easily download big documents? I am not crazy about Scribd and have often had trouble downloading documents from there. With an FTP directory, we can easily download large numbers of files with Cute FTP or the other freeware FTP programs out there.
Also, I hate to admit this, but I am having trouble reading the light gray type. Could it be darkened?
MK
To those who might need to upload large documents, try http://www.megaupload.com Up to 100mg, if I remember right. http://www.drop.io is another good one, if you have smaller docs you want to share. Both have free accounts and paid account.
This evening, I just discovered Carolyn Baker’s “Truth To Power” blog/website. Her latest entry is the entire Introduction to a new book, about to be released on October 26th, titled “THE MONSTER: HOW A GANG OF PREDATORY LENDERS AND WALL ST. FLEECED AMERICA–AND SPAWNED A GLOBAL CRISIS,” By Michael W. Hudson.
Here is Carolyn’s website link to the Introduction to this book which will interest everyone on this 4closurefraud.org board:
http://carolynbaker.net/content/view/1795/1/
Here is an excerpt from the Intro to the above book:
Introduction:
Bait and Switch
A few weeks after he started working at Ameriquest Mortgage, Mark Glover looked up from his cubicle and saw a coworker do something odd. The guy stood at his desk on the twenty-third floor of downtown Los Angeles’s Union Bank Building. He placed two sheets of paper against the window. Then he used the light streaming through the window to trace something from one piece of paper to another. Somebody’s signature.
Glover was new to the mortgage business. He was twenty-nine and hadn’t held a steady job in years. But he wasn’t stupid. He knew about financial sleight of hand—at that time, he had a check-fraud charge hanging over his head in the L.A. courthouse a few blocks away. Watching his coworker, Glover’s first thought was: How can I get away with that? As a loan officer at Ameriquest, Glover worked on commission. He knew the only way to earn the six-figure income Ameriquest had promised him was to come up with tricks for pushing deals through the mortgage-financing pipeline that began with Ameriquest and extended through Wall Street’s most respected investment houses.
Glover and the other twentysomethings who filled the sales force at the downtown L.A. branch worked the phones hour after hour, calling strangers and trying to talk them into refinancing their homes with high-priced “subprime” mortgages. It was 2003, subprime was on the rise, and Ameriquest was leading the way. The company’s owner, Roland Arnall, had in many ways been the founding father of subprime, the business of lending money to home owners with modest incomes or blemished credit histories. He had pioneered this risky segment of the mortgage market amid the wreckage of the savings and loan disaster and helped transform his company’s headquarters, Orange County, California, into the capital of the subprime industry. Now, with the housing market booming and Wall Street clamoring to invest in subprime, Ameriquest was growing with startling velocity.
Up and down the line, from loan officers to regional managers and vice presidents, Ameriquest’s employees scrambled at the end of each month to push through as many loans as possible, to pad their monthly production numbers, boost their commissions, and meet Roland Arnall’s expectations. Arnall was a man “obsessed with loan volume,” former aides recalled, a mortgage entrepreneur who believed “volume solved all problems.” Whenever an underling suggested a goal for loan production over a particular time span, Arnall’s favorite reply was: “We can do twice that.” Close to midnight Pacific time on the last business day of each month, the phone would ring at Arnall’s home in Los Angeles’s exclusive Holmby Hills neighborhood, a $30 million estate that once had been home to Sonny and Cher.On the other end of the telephone line, a vice president in Orange County would report the month’s production numbers for his lending empire. Even as the totals grew to $3 billion or $6 billion or $7 billion a month—figures never before imagined in the subprime business—Arnall wasn’t satisfied. He wanted more. “He would just try to make you stretch beyond what you thought possible,” one former Ameriquest executive recalled. “Whatever you did, no matter how good you did, it wasn’t good enough.”
Inside Glover’s branch, loan officers kept up with the demand to produce by guzzling Red Bull energy drinks, a favorite caffeine pick-me-up for hardworking salesmen throughout the mortgage industry. Government investigators would later joke that they could gauge how dirty a home-loan location was by the number of empty Red Bull cans in the Dumpster out back. Some of the crew in the L.A. branch, Glover said, also relied on cocaine to keep themselves going, snorting lines in washrooms and, on occasion, in their cubicles.
The wayward behavior didn’t stop with drugs. Glover learned that his colleague’s art work wasn’t a matter of saving a borrower the hassle of coming in to supply a missed signature. The guy was forging borrowers’ signatures on government-required disclosure forms, the ones that were supposed to help consumers understand how much cash they’d be getting out of the loan and how much they’d be paying in interest and fees. Ameriquest’s deals were so overpriced and loaded with nasty surprises that getting customers to sign often required an elaborate web of psychological ploys, outright lies, and falsified papers. “Every closing that we had really was a bait and switch,” a loan officer who worked for Ameriquest in Tampa, Florida, recalled. ” ‘Cause you could never get them to the table if you were honest.” At companywide gatherings, Ameriquest’s managers and sales reps loosened up with free alcohol and swapped tips for fooling borrowers and cooking up phony paperwork. What if a customer insisted he wanted a fixed-rate loan, but you could make more money by selling him an adjustable-rate one? No problem. Many Ameriquest salespeople learned to position a few fixed-rate loan documents at the top of the stack of paperwork to be signed by the borrower. They buried the real documents—the ones indicating the loan had an adjustable rate that would rocket upward in two or three years—near the bottom of the pile. Then, after the borrower had flipped from signature line to signature line, scribbling his consent across the entire stack, and gone home, it was easy enough to peel the fixed-rate documents off the top and throw them in the trash.
At the downtown L.A. branch, some of Glover’s coworkers had a flair for creative documentation. They used scissors, tape, Wite-Out, and a photocopier to fabricate W-2s, the tax forms that indicate how much a wage earner makes each year. It was easy: Paste the name of a low-earning borrower onto a W-2 belonging to a higher-earning borrower and, like magic, a bad loan prospect suddenly looked much better. Workers in the branch equipped the office’s break room with all the tools they needed to manufacture and manipulate official documents. They dubbed it the “Art Department.”
At first, Glover thought the branch might be a rogue office struggling to keep up with the goals set by Ameriquest’s headquarters. He discovered that wasn’t the case when he transferred to the company’s Santa Monica branch. A few of his new colleagues invited him on a field trip to Staples, where everyone chipped in their own money to buy a state-of-the-art scanner-printer, a trusty piece of equipment that would allow them to do a better job of creating phony paperwork and trapping American home owners in a cycle of crushing debt.
Please encourage anyone you know who has been foreclosed on to chronical their experience at http://www.BankClassActions.com Several very large and a few medium sized class action firms are using the homeowner data as a laboritory for class action legal theory research. Also we are compiling as complete a list as we can of known robo signers. Please email me if you have a piece of this data. Jeff@LegalForensicAuditors.com Thank you..
Please let me know if you have documents with the following individuals signatures all Litton Loan employees:
Diane Dixon
Denise Bailey
Cindi Brantley
Monica Hardaway
Monica Hadley
Have information willing to share.
I have a document with Monica Hadley’s signature as an AVP for MERS,
Michael,
Thank you for responding to my request. Is it possible to get a scanned copy of the document? I have a copy of a document that she signed as well if you need it.
What is your email address? Yes I would like to see any document that you have with her signature.
ssucklal@hotmail.com
Mike and Deb,
I have Monica Hadley signature as a notary if you need it lets share copies.
yes i do. please email me ASAP at michelleconlin1@gmail.com
Michelle,
Please check your email.
Maryland, D.C. and Virginia the following website is under construction for our area:
http://www.ice317.blogspot.com/
We are thinking of hosting a conference where everyone could get together. Neil who has been at the forefront of this war would be invited to participate as we owe a debt of gratitute for his help. As well as Lynn and Michael. Is anyone interested?
You need to invite the genius that started this all. He was persecuted by major financial institutions including Wells Fargo and left United States in 2008, his country of birth, to permanently live in Australia – As you may know he was stripped of his right to free speech by U.S. Courts because he was the first in 2005 to discover and expose financial frauds in MBS. He was punished for trying to save USA from then an impending economic disaster that is unfolding exactly as he predicted and at the cost he predicted.
Who are you talking about ?
Yuan,
What’s the individual’s name?
Was MERS based on a system of land title known as the Torrens title ?
See http://en.wikipedia.org/wiki/Torrens_title
The interesting characteristic of this system is:
If the answer is yes, then lawyers for MERS and its clients/owners/co-conspirators cannot provide chain of title information because it was never recorded in MERS.
And perhaps MERS mistook itself for the state … well, actually, all 50 states.
OK, Everyone from the white house down has, or so it seems, come to the defense of the poor bankers who after a month or so will figure this whole mess out. And, never mind all that pesky FRAUD issue it’s time to redo what ever needs it and amp up the foreclosure action to throw people out of their homes ASAP!
So am I hearing this wrong??? Do homeowners no longer have a defense in civil courts anywhere in the USA?
State Attorney Generals can use the fact that;
Banks foreclose illegally only to steal money for themselves and to avoid creating losses for each other instead of sending the loans back to the loan originators which would cause them all lose money – as each one would receive thousands of bad loans back.
This also points to the fact that all the banks have conspired to foreclose illegally rather than sending back their bad loans to each other from their servicing – the difference is in sending the loans back they lose money (buying the bad loans back) by foreclosing they make fees and the investors lose money. Now that government has bought all the bad loans, the taxpayers lose the money. YOU SEE THIS TRICK….
Pay close attention! The banks engaged in foreclosures ARE NOT LENDERS. This is the core of the fraud. They need to successfully pretend that they are the lenders otherwise they would fall into debt collectors category and would have to comply by Fair Debt Collection Practices Act which prevents them from seizing assets without the knowledge and consent of property owners.
In fact, these Banks are only Loan Servicers and once the loan is in default, it must be passed on to the Special Servicer – another bank or foreclosure company. The Special Servicer is engaged for the purposes of A) Work out with borrower or B) Putback which consists of 1) Cure, 2) Repurchase Demand or 3) Substitution of the loan by its originator, according to Pooling and Servicing contracts that engages servicers for the investors (REMIC Trusts). They expressly are not allowed to foreclose nor legally have authority to foreclose. The only reason they lie, sign fraudulent affidavits and foreclose is to steal money. Stealing from REMIC Trusts, Borrowers and Guarantors, because no one is watching the store, not SEC, not OCC and for sure not IRS who receives the fraudulent 1066 tax returns of the trusts. The special servicer in case of failing to succeed with workout – must putback the loan to its original Depositor – i.e. the bank that made the defaulted loan. This means the bad loans serviced by Wells Fargo, Citi, JPMorgan, Bank America and GMAC must go back for full refund to REMIC trusts, guess to whom? Wells Fargo, Citi, JPMorgan, Bank America and GMAC!
Now, no hotshot defense attorney has ever been able to understand this picture, let alone instead of wasting time looking at bogus assumptions, ask for production of Pooling and Servicing Agreement that authorizes the Servicing – which is nothing but a debt collection contract and not a Mortgage Assignment as the loan can never really be assigned out of Trusts (that would be illegal liquidation of assets) after formation of REMIC Trust to its insiders.
I hope this helps you all prove NO ONE HAS HAD the right to foreclose on your NOTE and MORTGAGE except the REMIC TRUSTEE (which they would never engage in any action on behalf of the trust that may make the trust liable (for even legal fees, because that would open the door for stealing even more out of the trusts by these crooks) or the original lender, after a successful Putback, which most of them are out of business! That is why all foreclosed homes sold have an invalid title now.
Yuan
If the loan went ti fannie mae and fannie sold it to investors how does one find where the loan is
I am in despair trying to find it can you help?
Approx 3 yrs ago GMAC filed foreclosure on my loan. I had fallen behind after being forced into a forebearance agreement that I knew I could not meet. This ended up costing me an extra $2500 for their attorney fees plus hundreds more in late fees. Somehow I managed to catch up. GMAC was NOT interested in cooperating with me to resolve this problem. My question is, were they allowed to force a payment arrangement on me and could this foreclosure have been improper? I know several other people who had serious problems with GMAC as well. They would not work with one person until he gave up and told them they could have the house back. He felt no choice but to file bancruptcy. Then they offered to work with him.
Dear Sir,
This letter is a desperate plea for help to stop a possible fraudulent foreclosure on our family home.
While I am aware that Pennsylvania is one of the 23 states in which JP Morgan Chase has agreed to suspend home foreclosures, I have no idea when that moratorium will end. And when it ends, I am certain that JP Morgan Chase will continue its efforts to seize our home.
Here are the facts:
In June 2008, the business at which I was employed became unable to pay my entire salary, one-third of which was bonus-based. My search for a new job took three months. I began to fall behind on my mortgage payments. Eventually, I found a job, but had to take a 35% pay cut.
I phoned JP Morgan Chase to see if they would work with me during this financially stressful time. The bank suggested the possibility of a loan modification. I was instructed to go onto their web site and download all the forms I would need, fill them out and send them, along with my tax returns to JP Morgan Chase. I was now four months behind in my mortgage payments. I phoned the bank to see if it was possible for me to make two monthly payments to forestall foreclosure. I was told I must pay the entire four months payment. They refused to shift the months owed to the end of the mortgage. And they refused to allow me to pay an additional amount monthly until I was caught up.
I told JP Morgan Chase that I could pay the original loan if they would accept my payment. Again, the answer was no. They told me that it was not possible.
I downloaded all the appropriate forms for the loan modification, filled them out, and faxed them to JP Morgan Chase in May 2009.
A month passed and I heard nothing from the bank. When I phoned, I was told they could not find my paperwork. I faxed the paperwork again and called two weeks later, only to find that they, now, needed a signed 2008 tax return. There was no mention of the need for a 2008 tax return during my original phone conversation or on the JP Morgan Chase website which listed the required paperwork. I faxed the tax return and called to verify that it had been received. I was told that they now had all the papers needed for processing.
Two weeks later, I received a letter informing me that my paperwork was out of date, and I needed to send all new paperwork. I sent all the new paperwork to a new fax number which I was told “was going to make this process easier.” When I phoned the next day, I was told they had everything they needed and the foreclosure would stop in lieu of the modification determination.
Page 2
I called the next week on the progress of the loan modification. I was told my hardship letter was missing. The hardship letter was always the first paper I faxed. Once again, I faxed the letter and called the next day to verify its receipt.
It was now July 2009. I have been sending the same papers for three months. I phoned once more, and the woman I spoke with again verified each paper with me and said the foreclosure process would halt, awaiting a decision from the loan modification officer. I was told I would receive a letter in one month with decision on the loan modification.
Because of the paperwork obstacle course to which I had been subjected, I began to panic at what would happen next. I sent letters relating my experience with JP Morgan Chase to Congressman Todd Platz. JP Morgan Chase called me in reference to the Congressman and left a number for me to call. I called and left a message. I kept calling and leaving messages. I called thirteen times and left my name and number. To this day, no one has called me back in reference to the Congressman.
On October 21, 2009, I called to check on the status of the loan modification and was told that I was missing a new form. I had never been told about this form or to submit it. My ordeal began to resemble a Twilight Zone episode or a Franz Kafka novel. For six months, I have been sending the same papers over and over again with still no word on the loan modification.
October 27, I was informed by JP Morgan Chase that once again, my tax forms and paycheck stubs are missing. For the eighteenth time, I faxed the twenty-two documents to JP Morgan Chase. It appears that there is no one who can hold JP Morgan Chase accountable for their transparently obvious attempt to stall me until they can foreclose.
I want to emphasize that every time I phoned JP Morgan Chase, I was transferred no less than four times. Each time I had to restate all my personal information to each operator. The process of obtaining information was long and involved. Often, the last transfer brought me back to the first place I phoned.
Despite the fact that for the past five months JP Morgan Chase told me that the foreclosure process would be put on hold pending the decision on the loan modification, I received a Sheriff’s sale date of December 6.
I was incredulous. For the past five months, I could have been sending JP Morgan Chase payments for my mortgage, but I was told that my checks could not be accepted.
I hired a bankruptcy lawyer to enter into chapter 13 bankruptcy. My lawyer and I discussed how the bankruptcy would allow me to stay and continue to make my monthly mortgage payments. He asked me how much money I was earning and if it would be financially possible to pay for the house. I answered yes. A court date was set and an arbitrator was appointed. The mortgage was reinstated and an additional amount of about $450 would have to be paid monthly. In order to meet the greater monthly payment, we surrendered our car. Shortly thereafter, I received a pay raise.
Page 3
We began making our monthly mortgage payments. However, in July 2010, we noticed that our checks were no longer being cashed. I was told by JP Morgan Chase that our June check was never received and this was a violation of our agreement. I sent every check as I had done for the past five and a half years and never before was one lost.
I phoned and asked if I could send them another check and was told I could not. JP Morgan Chase told me that I needed to pay the entire mortgage.
I received a new set of foreclosure papers and a Sheriff’s date of February 7, 2011.
I sought my lawyer’s advice to ask if there was anything that could be done. He seemed dumbfounded. He was it made no sense for JP Morgan Chase to want this house. We bought the house when the housing market was at its peak and paid about $20,000 above its worth. My lawyer told me that in almost all cases similar to mine the bank worked with the homeowner to keep the family in the home. He also stated that it is apparent that JP Morgan Chase was pursuing the foreclosure more aggressively than usual.
I have spoken to four other people who have had almost the same experience with JP Morgan Chase. It has become obvious that JP Morgan Chase is more interested in separating my family from its home than in keeping us there. It appears that JP Morgan Chase is in the business of foreclosure and business is good.
I am a gainfully employed and debt-free homeowner with a wife and four children who can afford to make monthly mortgage payments. However, JP Morgan Chase will not accept my payment.
JP Morgan Chase wants to evict my family from its home.
I have exhausted all avenues of redress. Please help us to keep our home.
Sincerely,
Ben Nathanson
717-634-6339
Dear Ben,
I am very sad to read of your situation. I want to encourage you with your struggle.
Look at MERS and MERSCORP.
The issue is the right of JPMChase to assign the trustee to hold the foreclosure auction.
Go to the County recorder’s office and contact the title company.
The Title Companies are often in position to hold the foreclosure sale.
Look at the notice from JPMChase.
The note may not be from JPMCHase but from the foreclosure trustee.
IF that trustee is MERS, you have a fighting chance to halt the sale.
Another option is to declare Chapter 7 bankruptcy. The Chapter 7 filing would negate your foreclosure sale and put it on hold.
If there are widespread Chapter 7 filings over the next 30 days by people being held hostage to MERS, then the MERS system will result in the banks being unable to collect on the mortgage note.
The issue is that MERS may have been appointed by JPMCHase as your note trustee. The trustee sale is in question here.
Your note was sold many times over by JPMChase to other bond holders. This is relevant because your note default means that you may be able to walk from the debt under Chapter 7 proceedings.
Here’s the angle from the bank’s perspective – your home must have equity in it for the bank to want it.
They are balancing your home’s equity against 10 other homes and 100 other bonds which have Zero value.
Therefore, in seizing your home, they hope to cannibalize your equity and value and earnings and life work to suit their need.
Screw them.
See a bankruptcy attorney and halt them.
Thank you for responding, you used some terms I’m not famiar with mers merscorp, I was planning on filing chapter 7 right after the new year 2011, I believe my bank is HSBC but it was alot different lenders before HSBC, any advice you can give me to beat the bank out of my house would be greatly appreciated, I want to them to give up and release the mortgage and I own home free and clear, any more information would be helpful. Thanks Ben
Ben,
just read your post and except for the names and dates, it could be my exact story. Only mine was with Cit Mortage. I have had a lawyer involved for a year now and came very close to a Sherffi’s Sale in October which surprised my lawyer too! They ended up givinng us 4o minutes to send them a check for $500 to stop the Sheriff’s sale!! I felt like I was paying ransom. They also said they lost my paper work – several times. At one point I faxed a 31 page fax! I have been told at this point that they will look at my documents and consider a proposal in December! I will beliieve iet when I see it. I just want to keep my house and I keep being told that the mortgage comany really doesn’t want your house – they want to help you keep it!!
What a bunch of ______!! I have never been lied to so much in my whole life. I am 63 and all I want is a place to live that belogs (at least a little bit) to me! What can we do??? You may want to read my post when it comes around. This is just totally nuts!!
Bank of America, the nation’s largest bank, attempted to assuage those worries on Monday when it said it had agreed to cover a major title insurer’s costs in foreclosure cases that include flawed paperwork.
The deal between the bank and Fidelity National Financial was finalized Oct. 8, the same day Bank of America announced it was freezing foreclosure sales.
Read more at
http://news.firedoglake.com/2010/10/12/foreclosure-fraud-updates-fannie-and-freddie-plan-to-penalize-banks-bofa-becomes-title-insurer/
Eugene Villarreal-I also reside in NJ, Bergen county. Been fighting foreclosure since ’08.
I was wondering if you have found a lawyer who “gets it”, there are not too many in NJ, I certainly can’t find any as good as Matt Weidner, Neil Garfield, Ice legal, …most of them are in Florida.
Our plaintiff is US Bank NA. abs…,trustee, and their lawyer is Zucker, Goldberg & Ackerman.
How is your case going? I agree, NJ is lagging when it comes to helping homeowner fight foreclosures.
NJ court, judges….not very sympathetic to the homeowners.
Would love to hear and share experiences with you.
Thank you,
Lucy
Lucy, how have you been fighting your foreclosure since ’08, pro se ? Anyway, I started in April of ’09, pro se, because I couldn’t find who would take our case or were to far away. After looking at my paperwork, they said I didn’t have a case. And this was from lawyers that you see in N.J. newspapers. I went thru this twice because after I found a lawyer who would take our case and was someone whom I thought was someone who was going t really help us and was reasonable, he left us hanging in the wind by not answering a Summary Judgment and not informing us. By the time I found our second attorney, Anthony T. Colasanti from West Caldwell, I had caught up reading about the foreclosure process and looked forward to his help. I looked for lawyers that were handling foreclosures in Bergen County and were not just taking client’s money and actually fighting for homeowners. The courts have a website, http://www.njcourts.com, were you can find the local courts and their calendar schedule and the foreclosures cases and attorneys for both side. Also, On the national side, Jeff Barnes of http://www.foreclosuredefensenationwide.com has attorneys joining his law firm around the country. It just so happens that there are two attorneys in Bergen County who are associated with him and have been successful in helping homeowners. They are all attorneys who “Get It”. Our case is on appeal to the appellate court.
You are right about the courts in Bergen County and N.J. There are a couple of exceptions in N.J. but none in Bergen County. The two judges in my case seem to ignore the written N.J. laws and statues. They bent over backwards for the plaintiffs and as the recent news is showing that they have been thrown fraud upon the court to their faces and they choose to ignore it. I wonder why ? We should all make the judges accountable for their errors. The reasons the banks are pressing the foreclosures is because the judges have allowed them to pass any paperwork that the banks provides. These are not first cases for each and every judge. They only complain about the overload of paper work but nothing about the fraudlent mistakes the banks have been making.
The invalid affidavits are just the tip of the iceberg and the securitization issue is the banks biggest problem they are trying to hide. Other states are suing them and trying to find out if the trusts ever existed or ever registered. Chase Home Finance, LLC is the plaintiff in our case and JP Morgan Chase Bank, N.A. was the lender. But, I found out that Freddie Mac is the owner of the mortgage and at the last motion Hearing, this was not a big deal. What about Standing ? Who would have the right to bring a foreclosure ? Someone who holds and owns the mortgage and note, right ? You would think so.
The politicians and the national news media are just finding out what the real problems homeowners have been facing for the last couple of years. Fortunately, the news media has been exposing it nationally, but the politicians who speak from both sides of their mouth are just speaking of the problems. So they say. All someone has to do is see how quitely and quickly they tried to pass HR3808. It’s only because some alert lawyers that saw this legislation trying to pass without any public input that it was stopped by the President. The vote will not made public . Where is the transparency ?
Don’t give up and if I can give you anymore info, I’ll be glad to share it with you. These websites are great and can give you and me more info. N.J. has a lot of foreclosures but homeowners are not rightfully challenging them. The state has been suing the banks on their behalf but not for the homeowners behalf.
You and I have two of the three foreclosure mills in Bergen County and no state official has come forward to represent the state in this fraud that the banks created.
For Lucy & Everybody else in New Jersey ;
Hope you got the lastest news about New Jersey’s Supreme Court Justice Orfer on Foreclosures.
broker
From what I have read and hopefully understood …
Regarding the question of depositions.
Since MERS apparently has and never had any “employees”, it is very difficult to get depositions from the non-existent employees. There were “officers”, but they were not employees. Go figure.
However, there were, and perhaps still are, employees of the loan originators, the companies that gave mortgages to mirror foggers. I have not seen any depositions from such persons on the web. Perhaps this is fertile ground …
In particular, I am fascinated by the question of the elusive wet-ink mortgages and notes. Who know what intriguing stories the ex-employees have to tell.
Can anyone please tell me if they reconize the following names of people who have signed Assigment of Mortgages, Witness, Attorney’s or as Mers VP’s ? I am in Florida.
Laura Pirritano
Barbara Komisarof
Denise D. Williams
Lisa C. Glena
Thank you for your help!!
My assignment of mortgage was notorized by Lisa C Glena who is qualified to sign in Niagra county but my document was witnessed in Erie county, problem ?? witnessed by Juanita Lewis and some other person that I cant read.
What is also interesting is the Assgnment of Mortgage was prepared by Mr. Sterns law firm here in Florida but flown up to NY to be notorized.
One more thing, The VP for MEARS that transferred my mortgage to BAC was Rhonda Weston who just happens to be VP for BAC Foreclosure Department, conflict of interest ??????
Doug can you call me I need to talk to you its very important also try to get with ken I think threee minds are better than one and we can help one another in our fight to succeed
B
Hi ken
Just read your post I have Denise D Williams Signing as a notary where is her notary seal from Tell me any where but ny and we are in the money I have her notary in ny state email me back asap
Good luck
I have Denise Williams signing as a witness on a assigmnet of mortgage.
Juanita Lewis is the notary out of Erie County NY on the samr paperwork.
can you call me denise williams is the notary signnin on my assignments which are bogus I think we are onto something my number is 910 367 2816
Send me an e mail brian with your number
bundysax@hotmail.com
Yes… we recognize Denise Williams!
Julie can u email me or call me several other members are networking to compile all this fraud to help one another
my number is posted above either call me or email me
Hey Ken, send me an e mail so we can share some information. I just spoke with brian and he has some very good information to network with us
bundysax@hotmail.com
Ken, Doug, Julie, Brian,
Has anyone seen the servicing contracts for the GSE loan servicers? Doesn’t it require Workout or Putback only? If so, these parties have never had authorization to foreclose. This makes their entire foreclosures fraudulent due standing, let alone filing a fraudulent affidavit in those petitions.
REMIC trusts can not liquidate loans (Notes, Mortgages and Guarantees) to any of their agents or trustees. That after 90 days by REMIC regulations 860c is almost impossible. This means the services have never been the holder of either note or the mortgage, let alone Note and mortgage.
You will never find such an assignment out of a trust to its agent, a servicer, This is why they had to fraudulently pretend to be holder of the note and mortgage, otherwise they had to comply with Fair Debt Collection Practices Act as a debt collector and not by OCC rules as a lender! A key difference they are trying to cure by consolidating into national banking institutions like Wells Fargo, JPMorgan, Citi and Bank America for further confusion of this key issue.
Question-I had a loan modification done in 2008 which will expire 12/2011. Late last year (2009, my loan was sold to Bank of America. I checked Recorder of Deeds – no assignments at all and my loan was sold twice. Without an assignment to BoA, can “they” change my modification in 12/2011 back to its original terms? And since I can’t find any assignments of my mortgage recorded, did the previous (servicer) do a loan modification illegally? Also, on a different note, my original mortgage was with Flagstar Bank in 2002. I refinanced with another bank in 2003 and never received a “Satisfaction of Note” from Flagstar. Is that Flagstar’s responsibility?
Andy Barth, a spokesman for Robert L. Ehrlich Jr., the Republican former governor of Maryland who is running against O’Malley, said that instead of telling mortgage servicers to halt proceedings, O’Malley should have “done more about providing good jobs” so residents didn’t fall behind on their loans in the first place.
“Bob Ehrlich’s priority is to create good jobs so people can pay their mortgages,” Barth said.
The implication here being that lenders and servicers did not commit fraud in Maryland. Election Day cannot get here soon enough.
I’m in California a non-judicial state. I lost my home Oct 1, 2010. I have some guy telling me that I have a case but he’s not an attorney. Does anyone know of a good attorney that is up on game with current Forclosure issues? I almost paid this guy $5000 until he presented me with a contract I couldn’t understand. That raised a huge red flag. I need an attorney quick. If my forclosure was done fraudulantly and I have a case I need it to come from a legitimate person. Please help the clock is ticking before I’m out on the street.
I would not pay anybody for legal advice unless they were an attorney licensed in your state. Not singing a contract you could not understand was probably a very good move.
Now go find a very good foreclosure fraud attorney.
You may want to poll the folks over at >> Foreclosure Hamlet
for references or suggestions.
As you have figured out, the clock is ticking, not only for when you are evicted, but as to if you are still in time to file a motion or appeal that will affect the outcome. You have an up hill battle. Overturning a judgement is more difficult than preventing one.
You need an honest legal review to see if it is worth you spending any money, and if so strong legal counsel to make your case. You may want to interview more than one lawyer, but be careful of fairy tales. Good luck.
To Irene P in Cali.,
Jeff Barnes of www. foreclosuredefensenationwide.com has an office in Ca. His firm has attorneys that may help you. Also, http://www.livinglies.wordpress.com has posted on the right side of his website, today, where you may be able to inquire for help(attorneys) from different state. Try both. Hope this help you. Don’t give up.
I believe you have up to one year to go back and appeal the foreclosure. I am nearly 100% sure on this. Good Luck and keep fighting the good fight! Especially NOW, since BofA halted all sales nationwide, and the other banks will be following suit.
How does this sound, & I am not sure where to turn for help. I have a lawyer who helps me by advising me, but wont sign on as $$ is a big issue. Where do i turn?
My ex- re-mortgaged the house in 05 Against my wishes. He added 30 grand more debt. I had NOTHING to do with this & NOT in favor of it.. I had to go to the closing because we both were on the deed. I was asked to sign two pages, I was told i was signing off on the old mortge. I made it very clear this was not mine & i was reassured by this. I left believing & right up until March of this year that this was 100% my ex’s mrtge. In JUNE of 09 I contacted Wells Fargo for help as my ex was 3 mnth behind on the mrtge payment. & i would pay it & they would help me with a motification of sorts. I made it VERY clear from the begining & they knew it, that it is his loan, but would work with me. Well i was contacted from a Lawyer representing Wells Fargo,,, wants me to sign a conformatory mortgage as the paper work is not correct. My name is not on the loan or the borrow or the loan aplication. My name was actually hand written in on the last page, So they want to correct this, I say NO WAY. I was told i was signing off on an old loan. This let me make it clear was a mistake made from lending tree .com or something, but WF ended up with the mortgage a few years ago. I hold the DEED to the house. 3 yrs ago he signed house over to me only. So my suggestion was take his name off & i will b more than happy to sign a new one. (He would be in 100% agreement too). Nope they dont want to do that. It is not even my mortgage & i am asking them for help as i need to get a mrtge in my own name anyways to satisfy family court from our divorce. Nope… they want no part of that. but if i pay up the arrearge they will try to qualify me for a loan. Lady,,, that is what i thought we have been working on since JUNE of 09. So long story shorter. They claim that on 8/22/10 they sent out accelration papers,, but to who ? they claim that i declined the payment arrangement they were trying to make, i said lets clarify,, I declined as it is not my loan to begin with & they should be talking to the loan holder. I was told that after 8/22 they could not accept any partial payments,, but on 8/29 they did accept my payment & process it,,, I do know that this messes up any so called acceleration process they may have started. Who do i notify about this??? I also want to be clear that i pay the modified amount they set up with me in June of 09, One of my biggest issues is that they have NEVER notifiyed me that they could not accept this amount any longer or made a mailing to my ex who gets everything about this mortgage. Y BECA– USE IT IS HIS MRTGE & they will tell me that. So far i have been in land court once with WELLS FARGO for a hearing,,, did a deposition,,, been offerd 500,, then 1000. twice. to sign the new papers. Wont do it,,, connects me to an ex with destroyed credit. (THIS IS NOT ON MY CREDIT REPORT- AGAIN its not my mortgage). W F picks & choose’s when they want to contact me, Only once written to me. but wants me to make a payment arrangement for more $ to them. So I know i will get screwed down the line,, limited to no lawyer,,, and a great big mess. where and how do i find some help??? I contacetd them for help,, this is what it has all turned into,, My ex does not even talk to them, They use to call my # constantly, even after updating his phone #, They pick & choose when they want me,, but dont want to help me.
I do not know how they can foreclose on a houe that is deeded to me ? any idea’s.. help..
A) You are right, you need competent legal help. i.e. a lawyer.
B) You tell us that the mortgage company wants to PAY you to sign new papers, this suggests that they have major problems with the existing paperwork. That indicates you may have a very good case.
C) You need competent and aggressive legal counsel, who practice and are skilled in foreclosure defense, to review your paperwork and case with you.
D) You did not say what state you are in. Laws very from state to state. About 23 use judicial foreclosure, (through the court) and the rest do not. The process is very diffrent. I recommend you find competent counsel in your state.
E) On first blush, it sounds like you may have a case that is winnable. (This is in comparison with most foreclosure cases where often the only thing achieved by paying lawyers is extended delay.) I suggest you organize your documents and take your case to several attorneys and interview them. It sounds like it may be worth you you spending your money on them.
F) If mortgage or note is bad and your case is good.- – If money to pay an attorney is a serious problem an attorney may take your case based on you agreeing to pay them back with a note secured on your house. This is also a test of if they really believe the note and mortgage are bad.
G) You can probably turn off the phone calls by sending them a letter by certified mail, instructing them not to call you and only communicate by mail. There are examples on the web.
H) Without seeing your documents it is impossible for anyone to give you solid information. I suggest you scan in any notes and mortgage documents, along with any powers of attorney that they may have been executed with, as well as any other documents, like assignments of mortgage that are recorded in the public records. Also include any letters or documents you recieved regarding requests or offers to sign new documents. Name the document images in a logical way and create an index to them by execution date. Now you have an electronic package you can send to lawyers or others seeking their review and advice.
Lawyers are more likely to give initial advice for free, and are more likely to take on your case, IF the documents are presented in an orgnized way. They are also more likely to charge you less money or a flat fee if they can see from the outset that you have a strong case and it will be an easy win. (There is no such thing as an easy win in foreclosure practice, but some are a lot more likely than others.)
Now is the time to be interviewing lawyers, before the legal action starts. Good luck.
also the bank on my 2 loans are in world savings name . wells fargo is going after the 2nd one , wells has both
see settlement Wells just entered into with 8 States about lending by World and Wachovia, clearly they had issues, you should be able to piggy back on that action. Did World do the loan or a Broker?
hi , im in Pa. and going threw foreclosure . I got the complaint in June 2010 and filed a answer .asking for further proof , it wasnt the gwr . They never did anything I just recieved a letter from the judge secretary saying submit within 1 week a brief status report with respect to a trial readiness which is set for 7 mths from now . Should i still do a qwr ? We never ask for a trial , so why did the judge ? In my answer i ask for this to be dismiss with prejudice , so why didnt the judge do this ? Im new and learning fast , but i dont know how the court works . Can i still file other paperwork asking this to be dismiss or what ?
any help would be great
Pa. – In reply to your question: As a general rule, a letter or document asking for further proof is neither a legally sufficient answer to a complaint, nor is it one of the allowed motions in response to such a complaint, unless you made what in most jurisdictions is known as a “Motion for more definitive statement”.
Your questions suggest a naivete with the rules and legal process.
I know very little of the law or process in your state, but your questions suggest you know even less. This is not to put you down, your willingness to learn and fight is good, but you will advance much faster if you can find an attorney in your state who is skillful in foreclosure defense.
The clock is ticking in your case, and you have to do the right things in court, before events and deadlines overtake you. You have to do these first. A QWR may be interesting but it is not something happening in the court record in your case, which is all that matters to a judge.
If at all possible, research good legal counsel and do what ever it takes to retain them, as soon as you can. Put all effort into this.
Have your counsel make sure you have a good LEGALLY SUFFICIENT response to the complaint, so a default is not entered against you.
Also, assuming the law in your state allows it, make sure you have solid, well grounded and well plead “Affirmative Defenses”.
Good legal counsel can help you with what defenses are allowed in your state and are appropriate to your case. This is the first and most critical stage.
You have to get this right before going on a hunt for incriminating evidence or documents. (Documents which can often be obtained faster and more effectively by a “request to produce” or subpoena made within the legal action instead of a letter of inquiry made outside the legal action.)
My comments should not be seen as legal advice, just a recommendation, based on your posting, that you need competent legal counsel and should move heaven and earth to find same.
hi , , i wasn’t looking for a English teacher…. just good knowledge and help .
thanks jm
Pa. I was not trying to correct your English, I was trying to get you to see that there was a structured legal process before you, and the need for someone to guide you through that process.
I do not believe a QWR is where you need to focus your attention. The best person to give you some idea of if you are on the right legal track or hanging dangerously over the abyss is a lawyer licensed to practice in your state. Someone needs to review the basic sufficiency of the answer and defenses you filed, if any.
A friend in Palm Beach was talking with a attorney/closing agent today (Oct, 4, 2010) and this Attorney who was issuing “Title Insurance” at a closing had inserted a clause into the title insurance policy that exempted the insurer from any liability IF the home had EVER been foreclosed upon. The title insurance company insisted on this “get out of jail free” clause.
Think about it, if ONE company is slipping this past what is the chance that they are ALL doing it now?
If YOU are buying real estate, better check the title insurance (and everything else) carefully.
Title Insurance companies are slipping these exemptions right past the lenders, realtors & buyers.
As my friend said “who reads all this stuff” when closing a deal?
Apparently the sloppiness goes on and on…
I demanded and received a copy of my mortgage note from IBM LBPS, who just bought my loan servicing file (not the mortgage note, just the right to collect money for the note and the right to foreclose, it’s crazy, I know) from Chase Bank. Chase Bank is the loan servicer, or one of them , for Fannie Mae. Fannie Mae says it owns my loan. However, the copy of the mortgage note that I received from IBM LBPS because of my demand is “not” signed over to Fannie Mae. It says, “Pay to the Order of” and then a blank space. It was signed (supposedly) by the senior vice president of Republic Bank who loaned me the money for my home. That means that Fannie Mae does “not” own my loan. It was never signed over to Fannie Mae by Republic Bank. I guess, what this means is that Fannie Mae has to go back to Republic Bank and get them to sign over the note to it. How does that help me? It may give me some time to save a few more bucks before I’m tossed out onto the street. I don’t know.
I’m in foreclosure with Chase Home Finance, LLC who on the mortgage and mortgage note states that they are the SERVICERS, but JP Morgan Chase Bank, N.A. was the original lender. Now, I found out thru Chase Home Finance, LLC Litigation Dept. and Freddie Mac’s website that Freddie Mac owns the Mortgage and /or Mortgage Note and are the Investors. No assignments were presented, no acknowledgement of Freddie Mac as the “True” owners of the Mortgage and/or Mortgage Note. Chase Home Finance, LLC continues to state that they are the owners and holders of the Mortgage and Mortgage Note and have not Transferred the Mortgage and Mortgage Note.
You need an attorney who “GETS IT” and helps homeowners to tell you if your Mortgage and Mortgage Note were Transferred with an Assignment with or without an Endorsement and if it was Securitized. You also need catchup on the foreclosure process in your State so that you be informed with the help of an attorney on how to proceed. Good Luck.
You say the note says, “Pay to the Order of and then a blank space”. This means your note is “endorsed in blank” which means the person holding the note has the right to enforce it. A specificity endorsement is to someone or entity, which gives only that person the right, but when endorsed in blank it means whoever holds the note has the right. Endorsements in blank are very common. When and by whom the endorsement was executed, that is often very difficult to determine.
Tho the true owner and holder is, and if the Plaintiff was when filing the action, that’s another issue altogether.
Renne Halted, uuhmm sounds familiar…..
I just saw the news about 56,000 foreclosures from Chase being delayed. Can anyone tell me how I can find out if I’m one of these foreclosures? I got a foreclosure sale letter last week. I was late sending the loan modification package back to Chase. When I call Chase, they don’t see a sale date in my file.
Thanks,
Tom Goodman
5703 Stott St.
Bailey, NC 27807
thomas – do not rely on anything chase tells you. i am with chase and am facing foreclosure tuesday, that i was never even notified of. i have filled out 5 modifications packages and submitted them all on time. i don’t know how to find out if you’re part of the delayed foreclosures, but i highley suggest getting an attorney immediately. i had to do that yesterday.
check out this site for a little more info on chase and their slimey ways:
http://mandelman.ml-implode.com/2010/09/inside-chase-and-the-perfect-foreclosure/
sorry for the horrible spelling and grammatical errors! my wireless keyboard goes nuts sometimes. i *highly* suggest, not ‘highley’…..and i filled out ‘modification’, not ‘modifications’.
Dear Everybody,
Katie Couric covered this story in a sort of incomplete way. I would suggest dropping her a line with your story and the current circumstances to encourage her to continue covering the story. Also, send information to your local town newspaper and radio stations. Finally, Elliot Spitzer is becoming a TV personality, drop him a line and ask him to cover this story (along with your personal details).
Let everybody on this site know when you have sent your info, so that they can keep track. DO NOT — USE EMAIL. — USE REAL LETTERS, PREFERABLY ADDRESSED BY HAND BY A CHILD. I know it is cheesy, but you are more likely to get attention if you have your child address the letter.
The only way to keep the pressure up is to keep trying to expose this. I also hope that all of you have printed a list of the incumbents in your state and plan to vote them out.
Madame Karnak
hi tom. this delay is affecting 56,000 homes in 23 states. You need to find out if North Carolina is one of the states. I live in florida and I am one of the states. my lawyer says it could be up to a yr before we go back to court.
Dear Everybody,
There are some things that all of you need to know. First, the ownership of Deutsche bank. A few years ago, I began tracking their activities through SECINFO.com. I discovered that a group called BUCKEYE HOLDINGS (I think) had an ownership position with them. After spending time digging, I discovered that Buckeye had a number of “investors/partners” listed including, but not limited to, George Bush Sr., Helmut Kohl, Akerman (another German politico) and a host of other names that you would all recognize. In case you are wondering about why “Buckeye” for a name, here’s more dirt. Buckeye is the name for teams in Ohio. Bush’s great grandfather was a manufacturing manager at Buckeye Castings in Ohio. Buckeye Castings belonged to THE ROCKEFELLER FAMILY who made a fortune selling shot to the US government for WWI and II. These bums all know each other and are all involved in this mess.
Why do you think that Florida turned out to be a hub for these crimes? Because Jeb Bush was governor there while the set up was taking place. Here’s what you need to understand, these people have turned our government into an ATM for themselves and their cronies. They start wars to benefit from the many arms companies that they have owned, strip mine Freddie Mac and Fannie Mae and set up NAFTA so that they could destroy the American worker while being assured of profits from their border factories. (Look at the law, the American government guarranteed that those who set up shop in the border zones would be able to demand profits from the US government).
When you fight foreclosure, MERS and these super banksters, you are also fighting for this country…because when they are taken down, the corrupting forces that they set in motion will be halted also. I am in the same boat as many of you in that I have just discovered that my house is in the MERS system. I had a friend, a journalist, Christopher Story of the World Currency Review, who talked about a couple in Britain who paid off their home only to discover that there was no clear title. They waited 5 years for a clean title. That is what is going to happen to everybody currently ensnared in this mess. I had a clean title before I borrowed money from AIG/American General. Now, I wonder if I ever will again.
I salute all of you and I will be joining you in this fray. Does anybody have the name of a good foreclosure defense attorney in Texas?
Thanks,
MK
Been defending against them for the past three years……I am just a defendant who happens to also be an ethical attorney hence….still in the house. Akerman Senterfitt took over the case from the foreclosure mill once my attorney filed defenses…..they took my deposition but the lawyer almost cried because I know what I am doing since I am a litigation attorney also…..kind of felt sorry for the guy. All those years of law school and a big salary to do scum work. He did not look very happy.
CB says:
September 28, 2010 at 11:03 AM
I’m in a big mess and do not know what to do or who to turn to.
My story:
My now X husband talked me in to a $60,000.00 mortgage on my paid childhood home in 2006. My home was rented out and we lived 3 hours away. He promised to pay it off in 1 year & started a business with that money…. I left him after he beat me up, thankfully my renter had moved out. I moved my then 2 year old daughter & myself back to my childhood home. He stopped paying child support in 2008, etc. I pulled my home of the auction block, by selling items, that was Sept 09. A man who was going to purchase my house at auction, did his research on my home.
He found that:
1. I purchased my property from myself as an investment property. He said that is not legal in the state of Texas (sure enough, I did).
2. He said by law I could have only been given a home equity loan (the house was in my name from my deceased Mother).
3. He said I then transfered my homestead to a different town, which I signed that form, but I did not own any property in that other town. However, it was never taken off the homestead at my appraisal district, it stayed homesteaded all this time.
4. I also found that I agreed not to live in my “investment property”, we’ve been there since 2008.
5. My home was back on the auction block June 1, 2010.
6. Chase Home Finance pulled it off the auction May 18, 2010 and never told me. ???
7. I spoke with them as to why. They said “for review”.
Now I’m being told of MERS and they are the people listed as my Original Mortgagee on the foreclosure paper work.
I do not know what to do or not do.
I was told if I “dirty” my title, I would not be able to sell my home with a clear title and a bank would not finance anyone to purchase (if that’s the way I have to end up going).
I have not made a payment in a year on my home. I filed bankruptcy June 1, 2010 to stop the foreclosure & buy me some time. I plan on doing a loan modification, but have not yet.
I can’t afford an attorney, due to my X husband, a 18 month divorce, no child support, we are living below proverty.
Does anyone out there have any advice??? I know somethings wrong; Chase did not pull my home from the auction block out of the kindness of their hearts… Please, ANY ADVICE. Thank you so very much, Cheryl
Reply
I do not know much about Texas, or Texas law, but do agree you need help. If you have an attorney handling your bankruptcy they may be able to help with your home too. With only a 60,000 loan it is probable that you have equity in your home and there fore it is worth fighting for. If you were to have a foreclosure any equity you do have would probably be wiped out.
It seems that you have one or more causes of action against your ex-husband, both for child support and falure to repay the amount taken out of the home. You may have a cause of action against the person who arrange the loan if they fraudulently constructed an “investment property” loan when it was not.
It does sound like you NEED the help of competent legal counsel.
I suggest you create three files. One being an exact duplicate of what is in the court file for your foreclosure case. The second being all the correspondence and other documents between you and your mortgage company/bank, every document that is not in the court file. The third being every document from your orignal loan closing (you may be able to get a copy from the title company).
I suggest you organize your files by date, with tabs, and create an index to them listing the title or description of the document, the date of the document (date served and/or date on court docket) and who filed or sent it.
If you have the resources I suggest you scan the files into electronic documents. This helps with transmission, distribution and general organization.
Armed with orgnized documents you can go ask attornys their opinion. Often you can get a first free interview during which, if your stuff is orgnized, they might provide useful guidance on what needs to happen and what you can do.
Some agency’s for ‘women in distress’ have volunteer lawyers who provide guidance on dealing with ex-husbands and how to keep a roof over your heads. You need legal, financial and emotional counseling. See what resources your county provides. Knock on the doors of the agencies and find out what legal and financial help you can get.
Figure out if you have any equity in your house. Did you husband run off with all the equity or is there some over and above the amount of the loan ? If so, look into HAMP loan modification. Look into renting out a room to make payments.
CB, visit http://www.scribd.com/alviec, contact Alvie and he will contact me.
We do live in Texas and are very familiar with Texas law.
Talk to your bankruptcy attorney ASAP. If title to the property is in your name and you have filed for personal bankruptcy, the property cannot be auctioned during the bankruptcy process.
Been through the battles with Sterns office for past 18 months. Thank GOD I found an attorney who understands what it takes to expose this boiler room foreclosure mill for what it really is. If you need help look uo Atty Mike Wasylik in Dade City, FL
Gotta love this. Crap is starting to hit the fan on the other end of the ponzi scheme as well……..
has anyone heard anymore about robo signer linda green. she had so many titles at one time you couldnt keep count.
PLEASE HELP!!!! I have been receiving the run-around from Chase Home Finance since December, 2009. In December 2009, I received a letter from Chase asking me to contact them to save my home under a MHA modification program. I was only one payment late. I filled out all the documentation, and was told my new payment would be $981.77 instead of the former amount of $1263.44. I paid that amount every month, and was unaware that there were any problems / changes until last month when I received a notice of foreclosure.
I was never notified there was a change to my payment from the $981.77 to another amount.
I tried to finance a car this week and was denied due to Chase reporting that I was 5 payments behind, which I didn’t understand since I have paid as instructed every month. It has put me in a severe bind. I have made my payments every month in the amount I was told to make, and am now facing foreclosure on my house and the inability to obtain a vehicle due to an error and/or miscommunication between departments at Chase.
I have called Chase on numerous occasions, and have talked to at least 24 different people about this. There has not been a SINGLE person that has been able to offer me an explanation – they only ask why I’m late making my payment. I’m not late – I made the payment amount I was instructed to make every single month. Each time I speak to a Chase representative, I am told I need to call another department, and am given a toll-free number that does not work.
I called again today (9/24/2010), and was told a foreclosure was scheduled for October 5, 2010! How is this right?
Stephanie, You do not provide enough information for people to help you constructively.
I suggest you hire competent counsel to represent you. Obviously you need to move quick. While you may be able to do this on your own, if you had time, you don’t.
Since time is of the essence in your case, I suggest you post your questions on
http://www.foreclosurehamlet.org/ where there is a chat session and other people may be able to offer you real time advice that is hopefully constructive. This may be your fastest way to get pointed in the right direction.
Start by telling them A) What state is the property in, B) Were you served papers or did you receive a notice of default….
sorry for the lack of info. i am in georgia. i was not served papers. i received notice of default. i will check out the other site you suggested right now.
Look for an attorney who “GETS IT” and is helping homeowners rightfully fight their foreclosure. By stating on the websites which STATE your home is located will help people steer you how to seek the legal advice. You should look at your mortgage and note to see who is/was your lender, who is servicing the loan. Then, look who is the party who is foreclosing. There are websites from Freddie Mac, Fannie Mae, and MERS that will tell you (and your attorney) who owns the mortgage. When Chase Finance calls you, be sure to write down the dates, times, the person calling and the department they are calling from. While you have them on the phone, ASK THEM who owns the mortgage and note. Be sure to write this down correctly. This is a real time saver. Don’t give up. Just keep asking.
Stephanie,
I’m a reporter covering real estate for the Associated Press. Could you please email or call me with your contact information?
I want to talk to you about your situation.
All the best,
Michelle Conlin
mconlin@ap.org
212 621 7562
Hello Michelle,
We have a case with Chase in litigation in Bonner County, Sandpoint, Idaho. MERS is involved and Routhe, Crabtree and Olsen are the opposing counsel for Chase. US Bank is supposedly the investor/benefiicary. We have called them and they say they have nothing to do with our loan and to take it up with Chase. However, our foreclosing paperwork says that it is US Bank foreclosing on us. It is Routhe, Crabtree and Olsen and their parent company, NW Trustee Services in Bellevue, WA that has power of attorney and has made the various assignments into the security funds after the loan was in default. We would love to share our case with you. We are trying to get the judge to okay a discovery trial. So far, the opposing counsel has not answered the questions brought forward by out attorney. We can be reached at 253-261-1563. There is so much fraud going on because they are getting paid off thru various insurances multiple times and then foreclose on the home and get paid again and many people have a lot of money invested and these are their homes! It is all so sickening. We are both in real estate and completely understand what is going on and will keep fighting and passing the word to everyone. Just think, there is a reason why BofA halted all foreclosures across the USA!
Hello Pot, this is Kettle Calling.
http://www.floridabar.org/DIVADM/ME/MPDisAct.nsf/DisActFS?OpenFrameSet&Frame=DisActToC&Src=%2FDIVADM%2FME%2FMPDisAct.nsf%2FdaToc!OpenForm%26AutoFramed%26MFL%3DCarol%2520Cobourn%2520Asbury%26ICN%3D200650664%26DAD%3DPublic%2520Reprimand
From one fraudster to another….
My landlord was served with foreclosure papers from MERS last April. In June they filed for bankruptcy but we just found out recently. They are not interested in fighting the foreclosure despite the information I have provided to them. Is there a way I can get standing to challenge the foreclosure or chain of title. The bankruptcy trustee wants us to start paying rent again. That is fine as long as it does not hurt our status to possibly bring suit. We would like to stay in the house until next Spring/summer
you need to pay rent or get evicted the trustee paid very little and will yawn while they file and eviction-they are commissioned to collect rent and administrate that property, pay or quit and find another place now.
Talk to an atty…I’m just trying to help you realize the actions you may bring on yourself.Some homeowners are so tired they just walk away because of information confussion overload and give up. Put oxygen on yourself and protect your sheltering possibilities. You may need a reference to move from your current landlord. I’m saying start planning to move…sounds like.
Congress passed a law which required the non-occupant purchasers at foreclosure sales (such as banks) to honor existing leases on the foreclosed property provided that the lease was bona fide and the tenants were not in default.
http://www.assetprotectionfl.com/2009/08/mortgage-foreclosure-defenses-using-new-tenant-protection-laws.html
If my servicer is GMAC but the bank trying to forclose on me is Bank of New York Mellon, is this right? Also if my loan started with Bank of Arizona, then passed on to homecomings financial then to GMAC is there suppose to be a assignment each team a mortgage is transfered?
THX!
uh, a servicer is handling your paperwork-which happens,and isn’t illegal…you would have to get an atty hired to delve into anything legal and pay…to find out the chain of events-no one work for free but realtors—up front to list your house free for shortsale and manage your shortsale…this is not legal advice-only opinion.
I just checked the court docket for a forclosure that my attorney is fighting against Bank of New York Mellon TR in whch the case was almost dismissed due to the lack of activity on their behalf because in more than a year they had not been able to respond to our request of producing the note, instead they filed a payment history so the case wouldn’t be dismissed. and again they filed this as an anwer along wth a motion for summary judgment but my attorney for what i understand asked for a plt status report to the court (i don’t know what is that) apparently to my understanding she requested to know what the status was on the file if they had or not the note according to what she mentioned to me. But now I see the court has ordered order denying to dismiss and curiosly now the firm (David Stern) that represents the bank has in the docket showing filing origingal note and mortgage and it also says notice of filing: copy of original note. Now can anyone who has gone all the way with this type of process tell me what can I expect. Because its my understanding that everything is questionable and I even mentioned to my attorney before ths happened that even if they did filed the original I can ask that this be proven that in fact it is, not to mention that when they filed the law suit in Nov 2009 they did not have the assignment untl Jan. 2010. My doubt is that I’m not sure if my attorney will want to go all the way to prove this since many just want to give you the run around and tell you just file for bankrupctcy since its much easier and avoids them loosing time and money. I believe I still have a chance to keep giving the fight and maybe anyone can refer me another attorney that does want to give the fight. I would appreciate any feedback, I read also about someone mentioning an loan audit which I don’t know if this can be an option.
Thanks to all.
Check out George Gingo, http://www.gingolaw.com
Thx Doug,
I did go to their website and read what they have there but it says that they are working still on these issues. DO you have any reference of anyone who has already worked with them in the past?
Thanks a million.
My daughter’s hours of employment were reduced, which resulted in her not being able to make full mortgage payments. She asked the mortgage lender – GMAC – if they would give her a loan modification. She went through the entire required process only to be told that they couldn’t work with her. Not certain as to why she was denied. She has owned the home for 10 years and had always been current with her mortgage payments. She is over 6 months in arrears.
GMAC did a short sale, which didn’t work out – not many people are in the market for buying homes, particularly when the find out the home is in a HOA community.
Now, she’s been issued a foreclosure notice with a court hearing date in October/2010. She does not want a foreclosure and has been advised by an attorney to file for bankruptcy. The bankruptcy attorney tells her that GMAC will hold a sheriff’s sale and then sue her for any amount on the mortgage balance that is not met by the sheriff’s auction.
She doesn’t want to file bankrupty either. Both will negatively impact her credit score, which has already been affected due to mortgage payment arrearages.
I heard about the MERS situation and am wondering if there is any help for her by pursuing this route with the bankruptcy attorney. Although the bankruptcy attorney may not be aware of the MERS fiasco plus she earns a living through filing bankruptcies.
My daughter lives in North Carolina. Any case precedents or attorneys that deal with MERS foreclosures?
Thank you.
Do your research got to neil garfields website livinglies.com and find an attorney who gets it if you cant email me at mrbuilder11377@yahoo.com and I will put you onto some lawyers in your state who know how to proceed
Good luck
B
Thank you, Brian. I will forward this information to my daughter and also her friend who is facing the same problem.
Regards,
Lisa
In the meantime,have her go to the court hearing date and ask for an extention of the foreclosure sale from the date of the courthouse steps sale date -60 days…usually they will give her as an extention to have more time to move (and persue whatever other direction on the meantime)—this should work,try it…this is not legal advice, is this her primary residence? If she is proven insolvent? find a good cpa-, can’t sue and get blood out of a turnip.
Mywordpresstoday…
Thank you for your input. I believe the hearing is October 4th. It was her primary residence, she has since married and living elsewhere. She was hoping to rent out the house to help pay on the mortgage, but that isn’t working out.
http://en.wikipedia.org/wiki/Mortgage_Forgiveness_Debt_Relief_Act_of_2007 ck this out and remember if you rent out your shortsale you will need to claim the rental income on your taxes…or be flagged by the …
I have attempted to modify my loan twice over the past 18 months. First it was through NACA, second, through a financial planner. Both times it was refused, as my hardships were considered temporary in nature.
I currently have a 815k 10 year IO/20 year PO, 7% mortgage, with EMC/Chase. I am in year 4 of the mortgage. My company is closing its doors September 30th. I also have completed a mortgage audit, which find some interesting things, including the fact that the Trust where my mortgage lies in is being sued by NJ State Pension.
I am looking for an attorney to take on my case in CT. Please reach out to me asap, thanks.
Did your mortgage audit disclose if your Trust in New Jersey was registered ? Like this website, Jeff Barnes of foreclosuredefensenationwide.com has two associates in Northern New Jersey and may have one in Conn. It’s worth a look.
815k holy cow and you did an audit to good your on the right track
have you gone to neil garfields site yet? theres alot of help there tooo or email me i will give you what i got
mrbuilder11377@yahoo.com
Does anybody know of (one or more) good real estate attorneys in the Denver, Colorado area who are familiar with the MERS issues ? Thanks.
I have two numbers of attorneys in Colorado fro you who get it know all about the problems with MERS hope this will help you good luck stephen bruenette 719 634 7878 colorado springs and sara mobley
303488 3415 email me if i can help
All the best
Brian
I am currently in a foreclosure process with BOA and their HomeLoans Servicing unit. We encountered problems a year ago from job loss and over a year of unemployment, and now reduced employment on the part of my spouse, and have several questions:
1. We have a first and second mortgage. How do we verify if the loans are still held by BOA and not sold off?
2. How do we find out if they are held by Fannie Mae or Freddy?
3. How do we know they have not been securitized?
4. Can you recommend assistance from someone in FL? I’m looking to fight as long as I can, and see if I can pull a rabbit out of the hat.
You can go to fannie mae.com and enter your address and they will tell you if they own your loan, or you can go to MERS.com and enter your “mers number” and they will tell you who owns your loan.
As far as a lawyer I would go to Gingolaw.com or do a google search for George Gingo, he is in the orlando area and his web site has some great resources and sample answers to the court.
I’m a paralegal working for a mortgage foreclosure defense attorney in Gainesville, FL, and at the risk of sounding like I’m giving legal advice, which I can’t as a paralegal, I will leave your questions for an attorney. One with an area of practice in mortgage foreclosure defense will easily be able to answer your questions and talk about rabbits in the hat.
I receive messages from this board for my education in this area of law, so my questions are for that, if you don’t mind. Where in Florida are you and the property? Have they entered a default against you? Or just filed the lis pendens? Or were you just served? Have they filed a Motion for Summary Judgment? Which law firm is representing the Plaintiff? Do you have a MIN # on the first page of the mortgage? Is MERS mentioned in the Note? Is the original lender the Plaintiff? Is the Plaintiff the one servicing your loan? Have you have one or more servicers? Do have any papers that have ‘Assignment of Mortgage’ at the top?
Perhaps your answers would allow someone else to speak more directly to your legal questions and suggest where you might find some rabbits.
Response to Marla:
Where in Florida are you and the property? Manatee County
Have they entered a default against you? No
Or just filed the lis pendens? Yes
Or were you just served? Served 6-4-2010
Have they filed a Motion for Summary Judgment? No
Which law firm is representing the Plaintiff? Florida Default Law Group, PI
Do you have a MIN # on the first page of the mortgage?
Is MERS mentioned in the Note? Not that I can find
Is the original lender the Plaintiff? Yes, BOA
Is the Plaintiff the one servicing your loan? Yes
Have you have one or more servicers? No
Do have any papers that have ‘Assignment of Mortgage’ at the top?
No, but one Atty that I consulted with called attention to a stamp and signature at the end of the mortgage that said “Pay To the Order of __________________ without recourse,” signed by an AVP for BOA.
Fannie Mae does not appear to own the loan.
I am looking for a firm in south fl that can perform a forensic loan audit for violations, securitization, etc. Can anyone provide help!
Look up Gingolaw.com or do a google search for George Gingo, ICE Legal (south Florida) I believe is into the automatic handwriting machines or it might be George.
HI Eric, my company provides audits of mortgages and also attorney-prepared exams of mortgages and appraisals, and there is a difference between the 2 based upon what you are trying to do. There are also other options most consumers don’t know about. Reply back if you would like to speak further. Thanks!
Hi Laurie,
I would like to find out more. How can I get in touch?
Hi Eric, creditadvocateservices dot com is my site and you will find my contact info there. There are more options than I list on my site, and you will see the videos where I occasionally appear on the local CBS affiliate as a guest. I have made it my mission to help others, especially because I live in the #1 foreclosure capitol of the country and have watched many of my friends get ripped off, not just by the banks but by some of the “foreclosure defense” attorneys that do nothing more than stall tactics or ripping homeowners off. ALso, an excellent resource for checking out people and businesses is ripoffreports dot com.
The Matrix, the Federal Reserve, the Banks and the Strawman
Federal Reserve, the Banks and the Strawman
By Multiple Anonymous and Unknown Authors
The Matrix, the Federal Reserve, the Banks and the Strawman is a compilation of several articles written by multiple anonymous and unknown authors and aimed to educate the population on the various scams of the governments in complicity with the big Illuminati banksters and corporations. It is the result of an exhaustive research on these matters and generously shared here by the authors to benefit us all and to contribute to the change in awareness of “We the People” that so far have been slaves of the Matrix.
Banks make you believe that they are honest and respectful organizations with legal and well-established businesses, with fair banking practices as opposed to the internet scam con artists that deceive the public with promised fortunes ready to be claimed and to steal money and personal banking account information from you. The fact of the matter is that both, the “established” banks as well as the scam con artists are all a FRAUD. These series of articles will prove you why.
Editor of the Material: Luis Prada, Editor and Publisher of Brother Veritus’ Website (www.LuisPrada.com)
Published in this website on July 28, 2007.
~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~
The Matrix
Are we living in a Matrix? Was it just a movie or does this apply to our present life? Judge for yourself. There is a quote that applies perfectly to our present time, when Morpheus is talking to Neo for the first time.
We will first define the words Matrix; Morpheus; and Neo so you will understand the statements a little better.
Matrix: Its origin comes from the word mother. Female beast kept for breeding, the womb.
Morpheus: 1. Son of Hypnos. 2. The god of dreams. In the arms of Morpheus asleep; a deep sleep.
Neo: Greek naus. To float.
The following are direct statements from the movie:
Morpheus: “I imagine right now you feel a bit like Alice, tumbling down a rabbit hole. You have the look of a man who accepts what he sees and expecting to wake up. You’re here because you know something that you can’t explain, but you feel it. There’s something wrong with the world. You don’t know what it is, but it is there, like a splinter in your mind, driving you mad. It is this feeling that has brought you to me. Do you know what I’m talking about?”
Neo: “The Matrix.”
Morpheus: “Do you want to know what it is? The matrix is everywhere, it is all around us. Even now in this very room. You can see it when you look out your window, or turn on your television set. You can feel it when you go to work, when you go to church, when you pay your taxes. It is the wool that has been pulled over your eyes to blind you from the truth. That you are a slave, Neo, like everyone else, you were born into a prison that you cannot see, that you cannot smell, or taste or touch. A prison for your mind.
“Unfortunately no one can be told what the Matrix is. You have to see it for yourself.
“This is your last chance. After this, there is no turning back. Take the blue pill, the story ends, you wake up in your bed and believe whatever you want to believe.
“Take the red pill, you will stay in wonderland, and I will show you how deep the rabbit hole goes. Remember, what I am offering is the truth, nothing more. Follow me.”
We do live in such a world. And for anyone who has been involved in the system to any degree, in court, county and city and national rules and regulations, a bankruptcy, or a foreclosure, you know something is very wrong. You look all about you and see the morals of this country creeping into depravity. People are in despair. Nothing seems real anymore and we can’t put our finger on the cause. Something is wrong with our world. It bothers you like “a splinter in your mind”.
You know by now that we are living in a modern slavery, where everything is controlled by a powerful group at the top, creating chaos at every moment of our existence: poverty (around the world and in the US), wars, controlling and distributing legal and illegal drugs, skyrocketing gasoline prices, creating fraud home “loans” that you can never repay, illegal paper money. Need any more to see the Matrix in front of you?
You take the blue pill and the story ends. You wake in your bed and you believe whatever you want to believe. You take the red pill and you stay in Wonderland, and I show you how deep the rabbit-hole goes.
US Bankruptcy?
On October 2005 the US created its 4th bankruptcy against the infamous IMF (International Monetary Fund), aka World Bank. This time they included all of the states plus “We The People”, that’s why you cannot go into bankruptcy any more because you already are in one. Your only option is Chapter 13, and this option does not discharge the debt. You still owe the same amount of “money” but now you only make one payment to a “trustee” and your credit report shows “bankruptcy”. Chapter 11 and the other chapters do not exist anymore.
What a deal!
Following is a speech by Representative Traficant who Reports On The 3rd Bankruptcy Of The United States, United States Congressional Record, March 1, 1993 VOL. 33, page H-1303 The Speaker – Rep. James Traficant, Jr. (Ohio) addressing the House. Several people have looked in Law Libraries for the above speech and references, however the documents cannot yet be located, therefore this is not verified and cannot be stated as fact. However, Traficant’s speech is very eloquent, to the point, and can be supported with other documented facts:
“Mr. Speaker, we are here now in chapter 11 (the entire US). Members of Congress are official trustees presiding over the greatest reorganization of any Bankrupt entity in world history, the U.S. Government. We are setting forth, hopefully, a blueprint for our future. There are some who say it is a coroner’s report that will lead to our demise”.
“It is an established fact that the United States Federal Government has been dissolved by the Emergency Banking Act, March 9, 1933, 48 Stat. 1, Public Law 89-719;
Declared by President Roosevelt, being bankrupt and insolvent. H. J. R. 192, 73rd. Congress in session June 5, 1933 – Joint Resolution To Suspend The Gold Standard and Abrogate The Gold Clause dissolved the Sovereign Authority of the United States and the official capacities of all United States Government Offices, Officers and Departments and is further evidence that the United States Federal Government exists today in name only.
“The receivers of the United States Bankruptcy are the International Bankers, via the United Nations, the World Bank and the International Monetary Fund. All United States Offices, Officials, and Departments are now operating within a de facto status in name only under Emergency War Powers. With the Constitutional Republican form of Government now dissolved, the receivers of the Bankruptcy have adopted a new form of government for the United States. This new form of government is known as a Democracy, being an established Socialist/Communist Order under a new governor for America. This act was instituted and established by transferring and/or placing the Office of the Secretary of Treasury to that of the Governor of the International Monetary Fund. Public Law 94-564, page 8, Section H. R. 13955 reads in part: ‘The U.S. Secretary of Treasury receives no compensation for representing the United States.’
“Gold and silver were such a powerful money during the founding of the United States of America, that the Founding Fathers declared that only gold and silver coins can be “money” in America. Since gold and silver coinage was heavy and inconvenient for a lot of transactions, they were stored in banks and a claim check was issued as a money substitute. People traded their coupons as money, or “currency.”Currency is not money, but a money substitute. Redeemable currency must promise to pay a dollar equivalent in gold or silver money. Federal Reserve Notes (FRNs) made no such promises, and are not “money.” A Federal Reserve Note is a debt obligation of the federal United States government, not “money” The Federal United States government and the U.S. Congress were not and have never been authorized by the Constitution for the United States of America to issue currency of any kind, but only lawful money, gold and silver coin.
“It is essential that we comprehend the distinction between real money and paper money substitute. One cannot get rich by accumulating money substitutes, one can only get deeper in debt. We the People no longer have any “money.” Most Americans have not been paid any “money” for a very long time, perhaps not in their entire life. Now do you comprehend why you feel broke? Now, do you understand why you are “bankrupt,” along with the rest of the country?
“Federal Reserve Notes (FRNs) are unsigned checks written on a closed account. FRNs are an inflatable paper system designed to create debt through inflation (devaluation of currency). Whenever there is an increase of the supply of a money substitute in the economy without a corresponding increase in the gold and silver backing, inflation occurs.
“Inflation is an invisible form of taxation that irresponsible governments inflict on their citizens. The Federal Reserve Bank who controls the supply and movement of FRNs has everybody fooled. They have access to an unlimited supply of FRNs, paying only for the printing costs of what they need. FRNs are nothing more than promissory notes for U.S. Treasury securities (T-Bills) – a promise to pay the debt to the Federal Reserve Bank.
“There is a fundamental difference between “paying” and “discharging” a debt. To pay a debt, you must pay with value or substance (i.e. gold, silver, barter or a commodity). With FRNs, you can only discharge a debt.
You cannot pay a debt with a debt currency system. You cannot service a debt with a currency that has no backing in value or substance. No contract in common law is valid unless it involves an exchange of “good and valuable consideration.” Unplayable debt transfers power and control to the sovereign power structure that has no interest in money, law, equity or justice because they have so much wealth already.
“Their lust is for power and control. Since the inception of central banking, they have controlled the fates of nations.
“The Federal Reserve System is based on the Canon law and the principles of sovereignty protected in the Constitution and the Bill of Rights. In fact, the international bankers used a “Canon Law Trust” as their model, adding stock and naming it a “Joint Stock Trust.” The U.S. Congress had passed a law making it illegal for any legal “person” to duplicate a “Joint Stock Trust” in 1873. The Federal Reserve Act was legislated post-facto (1870), although post-facto laws are strictly forbidden by the Constitution. (1:9:3).
“The Federal Reserve System is a sovereign power structure separate and distinct from the federal United States government. The Federal Reserve is a maritime lender, and/or maritime insurance underwriter to the federal United States operating exclusively under Admiralty/Maritime law. The lender underwriter bears the risks, and the Maritime law compelling specific performance in paying the interest, or premiums, are the same.
“Assets of the debtor can also be hypothecated (to pledge something as a security without taking possession of it) as security by the lender or underwriter. The Federal Reserve Act stipulated that the interest on the debt was to be paid in gold. There was no stipulation in the Federal Reserve Act for ever paying the principal.
“Prior to 1913, most Americans owned clear, allodial title to property, free and clear of any liens or mortgages until Federal Reserve Act (1913)” “hypothecated” all property within the federal United States to the Board of Governors of the Federal Reserve, in which the Trustees (stockholders) held legal title, the U.S. citizen (tenant, franchisee) was registered as a “beneficiary” of the trust via his/her birth certificate. In 1933, The Federal United States hypothecated all of the present and future properties, assets and labor of their “subjects,” the 14th. Amendment U.S. citizens, to the Federal Reserve System.
“In return, the Federal Reserve System agreed to extend the federal United States corporation all the credit “money substitute” it needed. Like any other debtor, the federal United States government had to assign collateral and security to their creditors as condition of the loan. Since the federal United States didn’t have any assets, they assigned the private property of their “economic slaves,” the U.S. citizens, as collateral against the unplayable federal debt. They also pledged the unincorporated federal territories, national parks forest, birth certificates, and nonprofit organizations, as collateral against the federal debt. All has already been transferred as payment to the international bankers.
“Unwittingly, America has returned to its pre-American Revolution, Feudal roots whereby all land is held by a sovereign and the common people had no rights to hold allodial title to property. Once again, We the People are the tenants and sharecroppers renting our own property from a Sovereign in the guise of the Federal Reserve Bank. We, the People, have exchanged one master for another. This has been going on for over eighty years without the “informed” knowledge of the American people, without a voice protesting loud enough. Now it’s easy to grasp why America is fundamentally bankrupt.
Why don’t more people own their properties outright?
“Why are 90% of Americans mortgaged to the hilt and have little or no assets after all debts and liabilities have been paid?
Why does it feel like you are working harder and harder and getting less and less?
We are reaping what has been sown and the result of our harvest is a painful bankruptcy and a foreclosure on American property, precious liberties, and a way of life. Few of our elected representatives in Washington, D.C., have dared to tell the truth. The federal United States is bankrupt.
Wake up America! Take back your country.”Our children will inherit this unplayable debt, and the tyranny to enforce paying it. America has become completely bankrupt in world leadership, financial credit and its reputation for courage, vision and human rights. This is an undeclared economic war of Bankruptcy and economic slavery of the most corrupt order!
The IRS
Dear friends, as I explain you, in many occasions the IRS is a private corporation, a subsidiary of the International Monetary Fund and the Federal Reserve Bank (FRB). (Check your Yellow Pages and you will find the FRB under Banks if you still doubting that is a private corporation). Every time that you send them a voluntary donation (your payment of your taxes), a gift for them, of course, they endorse the check to the Federal Reserve Bank.
The IRS creates the most activity of Commercial Collection in the entire world. The collection process is relatively valid, although the IRS is not registered to do business in any state. Did you understand what you just read?
The IRS is NOT REGISTERED TO DO BUSINESS OR PERFORM COMMERCIAL MATTERS IN ANY STATE. So how do they get all the money they get? ANSWER: because you give it to them without requesting a proof of claim from them or even if they were “licensed” to give you offers based on “arbitrary” estimations.
However, this is where things get very interesting. The other phase of matters is the assessment phase: THERE IS NO VALID ASSESSMENT. The IRS has not, and never can, and never will, and never could, EVER issue a valid assessment lien or levy. It’s not possible.
First of all, in order for them to do that there would have to be paperwork, a True Bill in Commerce (This is a ledgering or bookkeeping/accounting, with every entry established). There would have to be sworn Affidavits by someone that this is a true, correct and complete and not meant to deceive, which, in commerce is, essentially “the truth, the whole truth and nothing but the truth” when you get into court. Now, nobody in the IRS is going to take commercial liability for exposing themselves to a lie, and have a chance for people to come back at them with a True Bill in Commerce, a true accounting. This means they would have to set forth the contract, the foundational instrument with your signature on it, in which you are in default, and a list of all the wonderful goods and services that they have done for you which you owe them for; or a statement of all the damages that you have caused them, for which you owe them.
I think that no one in the US has ever received goods or service from the IRS for which they owe money. I personally don’t know of anyone who has damaged anybody in the IRS that gives them the right to come after us and say that “you owe us money because you damaged me”. The assessment phase in the IRS is non-existent, it is a complete fraud. Wait a minute, there is one definition of “service” that actually applies to the IRS [Internal Revenue Service]:
Service. The act of bringing a female animal to a male animal to get “@#%* and then %$#@” so that the owner of the animals may “enjoy the product of this union.” Gives you a warm fuzzy feeling inside, doesn’t it?
[ N.of E Explanation: The male animal is the IRS, the female animal is you and the Federal Reserve is the owner of the animals. The benefit of the “service” of the IRS is not for you, really, but for the Federal Reserve. In fact, the money collected by the IRS does not go to the government but to the owners of the private corporation Federal Reserve, the top Illuminati. Is it now clearer?]
One reason why the super rich bankers and the super rich people in the world have been able to literally steal the world and subjugate it and plunder it and bankrupt it and make chattel property out of most of us is because they know and use the rules of Commercial Law and we don’t.
Because we don’t know the rules, nor use them, we don’t know what the game is. We don’t know what to do. We don’t know how to invoke our rights, remedies and recourses. We get lost in doing everything under the sun except the one and only thing that is the solution. We play to be bankers and we know nothing about their game.
No one is going to explain to you what and how all this is happening to you, why are you loosing your property, why you never have “money”, why everybody is bankrupted. That is never going to happen. These powers-that-be have not divulged the rules of the game. They can and do get away with complete fraud and steal everything because no one knows what to do about it. In the USA, you own NOTHING. Everything is hypothecated to the “banksters”, not only that, but you have no title of your property (only a Grant Deed) and your STRAWMAN owes everything, not you, and remember they created the strawman and it belongs to them.
The United States Corporation and the Strawman
In 1871 the United States incorporated in England and therefore became an English corporation under the rule of the Crown (Rothschild). As you see, corporations are not governments and can only rule by contracts through corporate copyrighted policy. How can a corporation ever have authority over you? By contract! ONLY BY CONTRACT!
Today The United States is a District of Columbia corporation. In Volume 20: Corpus Juris, Sec. § 1785 we find “The United States government is a foreign corporation with respect to a State” (see: NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L. Ed. 287). Since a corporation is a fictitious “person” or entity (it cannot speak, see, touch, smell, etc.), it cannot, by itself, function in the real world. It needs a conduit, a transmitting utility, a liaison of some sort, to “connect” the fictional person, and fictional world in which it exists, to the real world.
LIVING people exist in a real world, not a fictional, virtual world. But government does exist in a fictional world and can only deal directly with other fictional or virtual persons, agencies, states, etc. In order for a fictional person to deal with real people there must be a connection, a liaison, and a go-between. This can be something as simple as a contract. When both “persons,” the real and the fictional, agree to the terms of a contract, there is a connection, intercourse, dealings, there is a communication, an exchange. There is business! But there is another way for fictional government to deal with the real man and woman: through the use of a representative, a liaison, and the go-between. Who is this go-between, this liaison that connects fictional government to real men and women? It’s a government-created shadow, a fictional man or woman … with the same name as ours.
This FICTITIOUS PERSON was created by using our birth certificates as the MCO (Manufacturer’s Certificate of Origin) and the state in which we were born as the “port of entry”. This gave fictional government a fictional PERSON with whom to deal directly. This PERSON is a STRAWMAN.
STRAMINEUS HOMO: Latin: A man of straw, one of no substance, put forward as bail or surety. This definition comes from Black’s Law Dictionary, 6th. Edition, page 1421. Following the definition of STRAMINEUS HOMO in Black’s we find the next word, Strawman. STRAWMAN: A front, a third party, who is put up in name only to take part in a transaction. Nominal party to a transaction; one who acts as an agent for another for the purposes of taking title to real property and executing whatever documents and instruments the principal may direct. Person who purchases property for another to conceal identity of real purchaser or to accomplish some purpose otherwise not allowed. Webster’s Ninth New Collegiate Dictionary defines the term “strawman” as: 1: a weak or imaginary opposition (as an argument or adversary) set up only to be easily confuted. 2: a person set up to serve as a cover for a usually questionable transaction.
The Strawman can be summed up as an imaginary, passive stand-in for the real participant; a front; a blind; a person regarded as a nonentity. The Strawman is a “shadow”, a go-between. For quite some time a rather large number of people in this country have known that a man’s or woman’s name, written in ALL CAPS or last name first, does not identify real, living people. Taking this one step further, the rules of grammar for the English language have no provisions for the abbreviation of people’s names, i.e., initials are not to be used. As an example, John Adam Smith is correct. ANYTHING else is not correct. Not Smith, John Adam or Smith, John A. or J. Smith or J. A. Smith or JOHN ADAM SMITH or SMITH, JOHN or any other variation. NOTHING, other than John Adam Smith identifies the real, living man. All other appellations identify either a deceased man or a fictitious man: such as a corporation or a STRAWMAN.
Over the years government, through its “public” school system, has managed to pull the wool over our eyes and keep us ignorant of some very important facts. Because all facets of the media (print, radio, television) have an ever-increasing influence in our lives, and because media is controlled (with the issuance of licenses, etc.) by government and its agencies, we have slowly and systematically been led to believe that any form/appellation of our names is, in fact, still us: as long as the spelling is correct. WRONG! [N. of E.: The author refers here to the correctness of the form of writing our names from the legal perspective.]
We were never told, with full and open disclosure, what our government officials were planning to do and why. We were never told that government (THE UNITED STATES) was a corporation, a fictitious “person”. We were never told that government had quietly, almost secretly, created a shadow, a STRAWMAN for each and every on of us, not only in the US but in the entire planet, so that government could not only “control” the people, but also raise an almost unlimited amount of revenue —so it could continue not just to exist, but to GROW. We were never told that when government deals with the STRAWMAN it is not dealing with real, living, men and women. We were never told, openly and clearly with full disclosure of all the facts, that since June 5, 1933, we have been unable to pay our debts. We were never told that we had been pledged (and our children, and their children, and their children, and on and on) as collateral, mere chattel, for the debt created by government officials who committed treason in doing so. We were never told that they quietly and cleverly changed the rules, even the game itself, and that the world we perceive as real is in fact fictional and it’s all for their benefit. We were never told that the STRAWMAN —a fictional person, a creature of the state— is subject to all the codes, statutes, rules, regulations, ordinances, etc., decreed by government, but that WE, the real man and woman, are not. We were never told we were being treated as property, as slaves (albeit comfortably for some), while living in the land of the free —and that we could, easily, walk away from the fraud.
WE WERE NEVER TOLD WE WERE BEING AB– USED!
There’s something else you should know: Everything, since June 1933, operates in COMMERCE! Commerce is based on agreement, contract. Government has an implied agreement with the Strawman (government’s creation) and the Strawman is subject to government rule, as we illustrated above. But when we, the real flesh and blood man and woman, step into their “process” we become the “surety” for the fictional Strawman. Reality and fiction are reversed. We then become liable for the debts, liabilities and obligations of the Strawman, relinquishing our real (protected) character as we stand up for the fictional Strawman.
So that we can once again place the Strawman in the fictional world and ourselves in the real world (with all our “shields” in place against fictional government) we must send a nonnegotiable (private) “Charge Back” and a nonnegotiable “Bill of Exchange” to the United States Secretary of Treasury along with a copy of our birth certificate, the evidence, the MCO, of the Strawman. By doing this we discharge our portion of the public debt, releasing US, the real man, from the debts, liabilities and obligations of the Strawman. Those debts, liabilities and obligations exist in the fictional commercial world of “book entries”, on computers and/or in paper ledgers. It is a world of “digits” and “notes”, not of real money (gold and silver) and substance. Property of the real man once again becomes tax exempt and free from levy as it must be in accord with HJR-192 (House Joint Resolution 192).
Sending the nonnegotiable Charge Back and Bill of Exchange accesses our Treasury Direct Account (TDA). What is our TDA? Let’s go to Title 26 USC and take a look at section 163(h)(3)(B)(ii), $1,000,000 limitation: “The aggregate amount treated as acquisition indebtedness for any period shall not exceed $1,000,000 (one million) ($500,000 in the case of a married individual filing a separate return).”
This $1,000,000 (one million) account is for the Strawman, the fictional “person” with the name in all caps and/or last name first. It is there for the purpose of making book entries, to move figures, “digits” from one side of ledgers to the other. Without constant movement a shark will die and quite ironically, like the shark, there must also be constant movement in commerce, or it too will die. Figures, digits, the entries in ledgers must move from asset side to debit side and back again, or commerce dies. No movement, no commerce.
The fictional person of government can only function in a fictional commercial world, one where there is no real money, only fictional funds… mere entries, figures, and digits.
A presentment from fictional government —from traffic citation to criminal charges— is a negative, commercial “claim” against the Strawman. This “claim” takes place in the commercial, fictional world of government. “Digits” move from one side of your Strawman account to the other, or to a different account. This is today’s commerce.
In the past we had addressed these “claims” by fighting them in court, with one “legal process” or another, and failed. We have played the futile, legalistic, dog-and-pony show —a very clever distraction— while the commerce game played on.
But what if we refused to play dog-and-pony, and played the commerce game instead? What if we learned how to control the flow and movement of entries, figures, and digits, for our own benefit? Is that possible? And if so how? How can the real man in the real world, function in the fictional world in which the commerce game exists?
When in commerce do as commerce does, use the Uniform Commercial Code (UCC)? The UCC-1 Financing Statement is the one contract in the world that can NOT be broken and it’s the foundation of the Accepted For Value process. The power of this document is awesome.
Since the TDA exists for the Strawman —who, until now, has been controlled by government— WE can gain control (and ownership) of the Strawman by first activating the TDA and then filing an UCC-1 Financing Statement. This does two things for us:
First, by activating the TDA we gain limited control over the funds in the account. This allows us to also move entries, figures, and digits … for OUR benefit.
Secondly, by properly filing an UCC-1 Financing Statement we can become the holder in due course of the Strawman. This gives us virtual ownership of the government-created entity. So what? What does it all mean?
Remember earlier we mentioned that a presentment from government or one of its agents or agencies was a negative commercial claim against the Strawman (and the Strawman’s account, the TDA)? Remember we told you entries, figures, and digits moved from one side of the account to the other, or to a different account? Well now, with the Strawman under our control, government has no access to the TDA and they also lose their go-between, their liaison, their “connection” to the real, living man and woman. From now on, when presented with a “claim” (presentment) from government, we will agree with it (this removes the “controversy”) and we will ACCEPT IT FOR VALUE. By doing this we remove the negative claim against our account and become the “holder in due course” of the presentment. As holder in due course you can require the sworn testimony of the presenter of the “claim” (under penalty of perjury) and request the account be properly adjusted.
It’s all business, a commercial undertaking, and the basic procedure is not complicated. In fact, it’s fairly simple. We just have to remember a few things, like: this is not a “legal” procedure —we’re not playing dog-and-pony. This is commerce, and we play by the rules of commerce. We accept the “claim”, become the holder in due course, and challenge whether or not the presenter of the claim had/has the proper authority (the Order) to make the claim (debit our account) in the first place. When they cannot produce the Order (they never can, it was never issued) we request the account be properly adjusted (the charge, the “claim” goes away).
If they don’t adjust the account a request is made for the bookkeeping records showing where the funds in question were assigned. This is done by requesting the Fiduciary Tax Estimate and the Fiduciary Tax Return for this claim. Since the claim has been accepted for value and is prepaid, and our TDA account is exempt from levy, the request for the Fiduciary Tax Estimate and the Fiduciary Tax Return is valid because the information is necessary in determining who is delinquent and/or making claims on the account. If there is no record of the Fiduciary Tax Estimate and the Fiduciary Tax Return, we then request the individual tax estimates and individual tax returns to determine if there is any delinquency.
If we receive no favorable response to the above requests, we will then file a currency report on the amount claimed/assessed against our account and begin the commercial process that will force them to either do what’s required or lose everything they own —except for the clothing they are wearing at the time. This is the power of contracts (commerce). We should also mention that no process of law —”color” of law under present codes, statutes, rules, regulations, ordinances, etc. — can operate upon you, no agent and/or agency of government (including courts) can gain jurisdiction over you, WITHOUT YOUR CONSENT. You, (we) are not within their fictional commercial venue.
The Accepted for Value process, however, gives us the ability to deal with “them” —through the use of our transmitting utility/go-between, the Strawman— and hold them accountable in their own commercial world for any action(s) they attempt to take against us. Without a proper Order, and now we know they’re not in possession of such a document, they must leave us alone … or pay the consequences.
Yes, this process IS powerful. Yes, it CAN set us free from government oppression and control.
When you read the above article about the STRAWMAN, you would understand better that you do not own anything because everything was “bought” by this fictitious entity created by the UNITED NATIONS. They created the strawman, they own it. The strawman is your name in all caps. You think it is you, but it isn’t. You are only an “authorized signature” for it. Look at your checkbook, it has many lines, all of them are solid but one. The line where you sign your name, look at it very closely, it looks like a dotted line, is not even straight like the rest of the lines. Blow up this line and you will see that there are words written in the line, Voila: “AUTHORIZED SIGNATURE”. They even hide this from you. You do not own your checking account either, it is in the name of the straw entity, you are only an authorized signature. And you thought that Communism was bad because people didn’t own anything, everything belonged to the state, right?. At least people there knew, here they do not even tell you, it is a frivolous lie.
The whole system was created to have you in slavery, “modern slavery” of course. All of the countries in the world have adopted the same bank system, they all have “strawmen” since 1934. If you were born before this date you can see that your birth certificate is capital and lower cases. For people born after this year the name will appear in all caps, your strawman was born, not you. Remember on the story of the Wizard of Oz, Dorothy found three people. The first guy was a lion, he lived in fear, this represents “We the People” always living in fear. Then she found a tinman, it had no heart, like the banksters, they do not care if you loose your house, if you live on the streets, if you have no food, as long as they accomplish their goals. And, finally, she found the strawman, and remember what he didn’t have: a brain. Strawmen have no brain, they are stupid, and that’s why you need a “lawyer” to defend you in court, because for them, you have no brain.
Please forward this in an email. Everybody must know about this. If we unite we are stronger. Remember we are more than them. They are a small group. We can still do something about it. If you stay still and do nothing they win. Remember we are all One unto God. Let’s be GOD again!
The United States of America, The Corporation
United States, US, U.S., USA, America, means: (A) a federal corporation . . . Title 28 USC Section 3002(5) Chapter 176: “It is clear that the United States . . . is a corporation . . “. 534 FEDERAL SUPPLEMENT 724: ˜It is well settled that “United States” et al is a corporation, originally incorporated February 21, 1871 under the name “District of Columbia”, 16 Stat. 419 Chapter 62. It was reorganized June 11, 1878; a bankrupt organization per House Joint Resolution 192 on June 5, 1933, Senate Report 93-549, and Executive Orders 6072, 6102, and 6246; a de facto (define de facto) government, originally the ten square mile tract ceded by Maryland and Virginia and comprising Washington D. C., plus the possessions, territories, forts, and arsenals.”
The significance of this is that, as a corporation, the United States has no more authority to implement its laws against “We the People” than does Mac Donald Corporations, except for one thing: the contracts we’ve signed as surety for our strawman with the United States and the Creditor Bankers. These contracts binding us together with the United States and the bankers are actually not with us, but with our artificial entity, or as they term it “person”, which appears to be us but spelled with ALL CAPITAL LETTERS. All this was done under, VICE-ADMIRALTY COURTS.
In English Law: Courts established in the Queen’s possessions beyond the seas, with jurisdiction over maritime causes, including those relating to prize. The United States of America is lawfully the possession of the English Crown per original commercial joint venture agreement between the colonies and the Crown, and the Constitution, which brought all the states (only) back under British ownership and rule. The American people, however, had sovereign standing in law, independent to any connection to the states or the Crown. This fact necessitated that the people be brought back, one at a time, under British Rule, and the commercial process was the method of choice in order to accomplish this task, first, through the 14th Amendment and then through the registration of our birth certificate and property. All courts in America are Vice-admiralty courts in the Crown’s private commerce.
Thank you I hope you enjoyed this and now pas it on to others. The more WE the PEOPLE become educated we can the STAND UNITED as ONE and take back our solventy and this great country our Fore Fathers laid the lifes on the line for….
Let’s not waste the lifes of those that died to keep the Country Free go to waste… like John F. Kennedy once said “Don’t ask what your Country can do for you, But what YOU CAN do for your COUNTRY” now let’s get to work taking this county back…
God Bless America…
LETS HAVE A PUBLIC JUDGEMENT !!! ANY IDEA?
Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al.
California Central District Court, Case No. 2:09-cv-04589
I need to file the proposed judgement with the court in 4 days. Based on second amended complaint, I am preparing the judgement by myself but it would be a good idea to get everyone help to have a good judgement against Chase. I dont know if this site allow me to upload documents for that purpose but just an idea.
Anyone interested?
Good time to get competent legal help.
If you are pro se the court should have written it’s own order, but given the chance you can too.
Suggest breaking it down into separate sections.
You be very careful if adding findings of fact. The most common attack on appeal is the court below made the wrong findings of fact. If you are on uncertain grounds keep it simple. Better yet have a pro do it. well, with your review and second guessing
Obviously the order to quiet title on the subject property is the most inportant, even if it does not come first. An order to strike from the public records the Lis Pendens, Defendants to execute a Satisfaction of mortgage and / or the court to strike mortgage recorded at xxxxxx in xxxx county records, etc.
I would be careful with any findings of fact regarding the violations, just finding that the evidence shows the folowing violations xxx xxxx
I don’t know if fees and costs were argued or proved at trial.
I don’t know if you need to add the finding on fees and costs in your judgment – or just a phrase finding that party x will party party y’s fees and costs and y has z days to file a motion for fees and costs, and the court retains jurisdiction to hold eventuality hearing on the amount.
Law in your state may be very different. Don’t let other side prepare order. Maybe worth paying a good attorney or ex-judge to draft the order. Having won the victory you NEED this order to stand up on appeal, which is coming next.
Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al.
California Central District Court, Case No. 2:09-cv-04589.
I dont know how many people take it upon themselves to challenge their bank; but I was an experience I will never forget. I challenged Chase on my mortgage based on TILA violation. The bank retained a large law firm in So. CA with 3 lawyers. So much motions and procedures to learn and apply as the case moved along in the last year. Finally, the case went to trial yesterday. The court finally render judgment in plaintiffs’ favor in voiding the deed of trust. As far as the outstanding loan, it is forfeited and the bank would have to take that lost. Furthermore, the court imposed statutory damages of $4k for each violations which amounted to about $16k.
I am in the process of preparing the judgment for the court to sign along with tax cost. Believe it or not, I have expended over $10k in cost along; which includes expert witness cost.
So much research was done and I hate to see it goes to waste. If you have access to PACER, everything is there for public use. Best of luck to all fighting the bank now and keep up your spirit.
Sounds like congratulations are in order. I have also been in a foreclosure with Chase Home Finance, LLC in New Jersey for almost a year and a half. Not being savy about the the foreclosure laws, I obtained the services of an attorney whom I thought was going to give us the chance to be heard in court after he answered the complaint. After reading a copy of the answers, I said to myself, “Yes”, we have a chance. Only to find out that our attorney didn’t answer a motion for summary judgment. I immediately submitted (pro se) a motion to vacate the summary judgment while I was trying again to obtain an attorney who would be able to help us. Mt motion was denied and afterward, I was able to find an attorney who listened to our case and was really interested in helping us. My motion and his motion were presented on the basis of standing and both were denied. I (we) firmly believe that Chase Home Finance,LLC is only the Servicer and not the the owner of the note and mortgage. New Jersey (Judges) is hell bent in not allowing defendants to pursue Standing or other issuses because it will open the floodgates to homeowners to rightfully challenge the complaint. Even after a New Jersey District Court judge issued a 53-page opinion which included addressing the issue of Standing and Securitization, there are only a very few cases that defendant’s attorney can refer to. The judges don’t even look at the case or question any of the Plaintiff’s (Bank’s Attorneys) evidence. They’re only interested in how many months the homeowners have not made a payment. When you’re already in foreclosure court, it shouldn’t matter if you’re one month behind or 359 months behind.
After being denied twice, we’re trying to get heard in the appellate court in New Jersey. Chase Home Finance, LLC insists that they are the owners of the note and mortgage even after their Loss Mitigation Dept. informed me and FreddieMac confirmed (through their website and phone call) that they are the owners of the NOTE.
Congratulations again,
Eugene
confirmed through their website, was the owner of the NOTE.
The Judges are in denial with what’s taking place; I often wonder how many of them are being paid off. Do a search and check out Jerome Daly case and check out HJR 192… When you review this I start to wonder how many Judges really know what’s going on or really care.
The flag in the courts have gold trim on it which is a Military Flag that’s now being displayed… we are not operating under common law or based on Constitutional law any more. We are not people, we are considered what is known as a Strawman, and we are now operating under their commerce… check out HJR 192.
The USA is now in its 4th Bankruptcy. We have all been mislead and misinformed of the FACTS and the TRUTH…. The attorneys are an Officer of the COURTS… therefore I wonder why are we not seeing more cases won by attorneys. Is it because they are an officer of the court.
The banks never borrowed any money… they created a debt out of thin air and then created an accounting ledger showing there’s a debt owed, they do not apply or follow GAAP (General Accepted Auditing Standards). If you and I printed off money we would be in JAIL.
They violate and commit FRAUD and get away with it because personally I feel the JUDGES and ATTORNYS are either paid off or are CHICKENS and their afraid to oppose the System or oppose the Federal Reserve. Look what happen to J.F. Kennedy he died because he was going to compete with the Federal Reserve with money backed by silver.
The banks got paid by the Federal Reserve. The original note I feel has been destroyed, but they make copies of the note and sell it over and over again, there’s so much Fraud and counterfeiting and racketeering taking place it would make you sick and it should.. In fact you should be OUTRAGED because if that was you or me we would be Arrested and tossed in Jail.
Do a search for the following book; Top Secret Bankers Manual, read this book it will open your eyes.
Now one thing that you might want to look into as so should anyone else reading these response is how to file against the Judges Bond. I’m not sure how to do this. But I think if “WE” could learn more about this then the Judges would soon realise we are catching on and we are not as stupid as they think we are.
NO ONE SHOULD LOOSE THEIR HOMES BASED ON the FRAUD these lenders have committed and lack of FULL DISCLOSURE. We need to learn how to attach the JUDGES legally, morally and ethically that would hurt them and I’ve heard that going after their bond is one way to create some serious issues.
We need to learn how to FIGHT the enemy. The ENEMY is the JUDGE allowing Foreclosures to take place and allowing the FRAUD to continue or there particapating in the FRAUD and no one is calling them on it.
(Because of existing and recently enacted State and Federal Laws (Federal Law Title 18 U.S.C. Section 1014) making it a felony to participate in loan fraud)
With that said I wonder with each Foreclosure they allow the lender to close on are they not taking part of the Fraud and participating in the Fraud…. after all their doing nothing to prosecute the lenders, service providers (etc) allowing them to continue to foreclose and take your home away.
Again this is where “We the PEOPLE” need to be thinking out of the BOX and mastermind and figure how to attack the Judged and send a clear message saying enough is enough…. again I heard all Judges have a bond. If anyone knows more about this please let me know or if anyone knows what else we the people can do to let these Judges know we the people NO LONGER will stand by and allow you to take our homes please enlighten me with information that I can share with others. God Bless America… STAND up and FIGHT to KEEP your HOME.
hi , does anyone know american loan service ? Wells fargo has it . I tried using mer to look up with no luck . I also look at my courts world savings , wachovia then wells fargo with no luck as well . I dont think they ever recorded anything . I filled a answer with the courts after i got the complant and i havent heard nothing back . I have 2 morgages with the same and they are going after the 2nd .
I am suing MERS and Chase for all of the conduct talked about in this blog. under the Fair Housing Act of 1964. Bank of American just got nailed for $ 355 million dollars in fines by the U.S. Dept of Justice and my suit intends to do the same to ther big bad bankers and fraudclosures. please sign my petition to Secretary of U.S. Housing and Urban Developlent Shawn Donovan to stop all of these practices as violations of the Fair Housing Act of 1964 and 1986 u.s.c. 49 c.f.r. 150-200.
http://www.change.org/petitions/homeowners-discrimination-petititions-to-us-federal-govt-hud-agency-for-bank-restitution
thank you david black
David F. Black. A.A., B.A., M.B.A., C.D.P., D.B.A.Candidate(Pending), DAVPRM(DOD), D.O.D./V.A./S.S.A. 100% Permanent and Total Disabled U.S. Navy/Cold War/Vietnam Era Veteran by VA & SSA(Adjudicated) DAVPRM E3/Midshipman, USNR/USN, USNA ’69, Annapolis, Md. National Security Agency, Ft. Meade, Md. ’63-’65,Jimmy Carter White House National Federal Treasury Dept Mgt Intern/IT FINANCIAL ANALYST/OCC-75’77, U.S.S. Drum SS 228, Silent Service, DE-680 Destroyer Escort, U.S.S. Loeser. Permanent Life Member of Disabled American Veterans & Vietnam Veterans of America, Member Uniformed Services Disabled and Retirees Veterans Association, http://www.usdr.org, Member of Veterans of Foreign Wars. In memory of Lt. Orrin F. Black, U.S.N. Retired & Deceased, WWII Combat Veteran Battle of Atlantic, U.S.N.A. class of ’31, Annapolis Md. (70199), Cdr. Richard O. Black, U.S.N. (ret & deceased) Class of ’57 U.S.N.A. Annapolis, MD. Vietnam ERA and Cold War Veteran, Sgt J.D. Black, U.S. Army/USAR Iraqi Freedom Combat Veteran, First Command Master Chief of the Navy Dilbert Black, E-10, U.S.Navy (retired, deceased), U.S. Supreme Court Justice Hugo Black, who taught me in his famous SCOTUS decisions and a distant cousin of mine, as a minority, Cherokee Indian and Disabled Veteran, studying and reading the law to become a lawyer in Virginia, about civil rights for EVERYBODY in the U.S.A.
Hi,
I needed to sell my home because a military base closed and I needed to relocate for a job. The home is upside down and lost 100k value in two years. My life savings were in that home. It is a long story, however I just found my home was in the MERS system.
I want to fight to keep my home.I paid the mortgage companies a fortune in interest payments. I checked the county records and Wells Fargo is foreclosing on it. The court records do not list Wells Fargo, only MERS and the original mortgage company.
Any suggestions? I am in NJ. Thank you for your insights.
Look at your paperwork when you closed on your loan. Go to the MERS website, it will give you some info on the loan as to who is the owner of the morgage and note. Go to New Jersey Legal Services, http://www.njls.com, that’s a great website to advice you of your legal rights. Don’t be afraid to hire a lawyer that fights for homeowners in your area. Also, to find look at http://www.njcourts.com is the state website where you can look up the vincage that represents your county and then look up the court calendar that will give you court dates and cases and who represents who on both side. There are some good websites that will give you and idea of how to fight your case, but you have to be willing to put up a good fight. the main problem in N.J. as elsewhere, is that the courts, judges and the bank’s lawyers are all up against the homeowners who really think they have a real legitimate case. Don’t get me wrong, there are a few good judges ( #1 is in Atlantic County) that at least giving the homeowners. Unfortunately, I’m in Bergen County, where the only care about how many payments you have missed on your mortgage as if they were debt collectors. They don’t want to follow the the law as it is written. They just follow the bank’s evidence as the law. In my case, twice, the bank’s lawyer and a judge both referred to a previous case about
homeowners (and myself) trying to take too many bites out of the apple ( referring to the law and the court system ) as if the apple was theirs and theirs only to protect. The problem, as I see it, is that they are the ones who are eating the apple from the inside and rotting the apple. They are only protecting the image to their benefit. All you have to do is listen and look at the news and internet to see how they have corrupted the system. The only thing you can do is put up a good fight and keep fighting.
Best of Luck,
Eugene
My mortgage company denied our modification requests repeatedly, but with the last requests we were told that the HAMP mod was denied, but that we were placed in review status for another mod and promised in writing that our home would not go up for foreclosure sale 30 days of receipt of notice (6/21/10). Needless to say, our home was sold on 7/6/10 at a foreclosure auction. We received a 3day notice to vacate and went to the scheduled hearing, the judge at eviction court postponed the hearing when he saw that we had proof. Also, home was foreclosed by first lender; we’ve had three mortgage lenders (legal standing matter?)This would be a good time to file a law suit but with little funds and little time, it’s touch figuring out exactly what to do and who can help. This is a really helpful blog.
1) To prevent a Summary Judgment you need to show MATERIAL FACTS in dispute. Sounds like you are beyond the Summary Judgment hearing in at least one of your cases, but a quick motion for rehearing of the motion may work if still within the time allowed in your state.
2) If you have any money save it for a real lawyer, don’t spend it on filing fees for a cross complaint.
3) Suggest you IMMEDIATELY seek out a competent attorney who does foreclosure defenses as part of, or the main focus of his standard practice.
4) I do not know what state you are in, nor the process and laws that affect you. Sounds like you have been unable to efectfvly represent your self and have been bamboozled, like many people are, into believing that on going negotiations with the mortgage servicer will prevent the Note folder from foreclosing.
If you want to keep your home, or prevent a judgment for the balance being recorded against you, you need a LAWYER now. Probably the best money you will ever spend, or borrow from your relatives.
Good that you had the evidence and a receptive judge. Problem is you only have a stay on the eviction. The Judge probably did this so have time to retain a lawyer who can file a motion to overturn the Summary Judgment and Sale. Either way, it sounds like you have an up hill legal battle.
Overturning things after the fact is more difficult than defeating the motion in the first place. If you want to fight to overturn them you will need professional help.
On the other hand you have the option is to walk away from the debt and home. Maybe giving the keys to the bank in exchange for a few thousand cash and an agreement not to trash it on exit. But if you do they can still get a judgment against you for the difference between the sale price and what you owe. Another option is bankruptcy.
While there are nice people here, and we try to help each other, most of us are swimming with the tide and not fighting to overturn judgments that have already been. Quite a few of us have lawyers on our side too.
To fix your situation, if it is fixable, you need pro help from a professional foreclosure defense attorney. Your best bet is probably to post the name of your state and a request for known GOOD foreclosure defense attorneys in that state. Get you file in order, and immediately go see the attorney, or a couple of them, to find out if you have a realistic chance.
Be prepared to borrow now to pay attorney, rather than later for a moving truck and first, last and security on your new rental home. Be prepared to go bankrupt if that is what it takes.
That you were on review for HAMP suggests you have some income and therefore could pay an attorney, but be both careful with your selection and quick about it.
The attorney needs to be able to file to set aside the sale and any prior order that allowed the sale to take place.
The whole area of banks and their handling of loans needs to be investigated in detail. It isn’t only homeowners’ mortgages. The FBI or federal bank regulators should look in depth at the way banks handled their commercial real estate and construction loans, specifically the calling of good loans under the banks’ “at will” clauses, and the con games played to get valuable properties to special friends (insiders?) at pennies on the dollar by bankrupting owners, developers and many tiers of businesses and jobs through verbal fraud and legal trickery.
Businesses don’t have a chance against these legal teams running such con games and their court connections.
For a prime example, see the story of jjim120 at bkforum.com.
I have been fighting a forclosure thru my attorney for the past 1yr 1/2. A FWOP was posted on docket on behalf of court which means a for want of prosecution which means the Plaintiff in this case the bank has not given any movement or response for the last year and the court has set a date of 8/31/2010 for them to response otherwise the case will be dropped by the court. To my surprise they haven’t been able to provide the request for production made by the attorney for the promissory note, but now that they are against the wall, the response tthey have filed to the request for the production is a (notice of filing) payment history, and therefor requesting for a motion for summary judgment again and motion for default. Can anybody clarifty if this is enough or is it really another joke played on behalf of Bank of America, who apparently now ownes the mortgage. But initially it was bank of Arizona, then Countrywide and last Bank of America. I really doubt they have this note. But don’t really know if by showing a payment history they can really challenge the initial request made by the attorney asking them to produce the note. Thanks to all!
hi , im new to all of this , i was foreclosed on and i files an answer . Now im looking a demand letter , is there a time limit to file this ? Im in pa.
also i did a search for everything and the only thing that is recorded is my 2 mortgages . World savings sold to wachovia and then wells fargo .
Nothing else has be recorded , am i not doing this right ?
You probably will not find the Assignment of Mortgage recorded in the public records in your name – because you are not a party. It is between bank A and Bank B who are the parties.
Try looking at all the assignments of mortgage that list the Plaintiff (bank or company filing suit against you) as one of the parties, in the date range for a month before and a month after commencing the action.
You may be able to find a “Notice of Lis Pendens” with your name on it, depending on how the clerk records the notice and if your name was first on the list of defendants or last.
You should see if the court docket sheets are on line. There is a difference between public records, and the records about a legal action that are recorded in the docket sheet at the Clerk of Court office.
Does the answer you filed comply with the legal requirements of an answer in your state? There may be a legal “pro se” help office, law library or public defenders office who can look at the complaint and your answer and tell you if it meets the rules for a legal answer or if you will be laughed out of court.
I recommend you hustle down to the court and get copies of everything that is in the file which you don’t have copies of yet, along with a printout of the court docket sheet. (You may be able to get the docket sheet of the web)
I think what you are talking about, when you say demand letter, may be what a lawyer might call a “Request to Produce” but not being from your state I don’t know how anything about the civil process there.
Based on your standard of English in your message and outline of your case, I strongly suggest you consider searching out and hiring a GOOD foreclosure defense attorney, who practices in your state, preferably some place in or near the county where the court is located.
You need good help quick. Unless you are prepared to walk away I suggest finding a way to pay for an attorney.
How do you exactly find your “mortgage” as far as being securitized. I have a MIN number, my loan was sold to Fannie Mae so where do I go from here ?
Home builder scam alert!!! DR Horton and KHovnanian Homes
http://www.wix.com/presenting/drhortonfraud
http://www.wix.com/presenting/dishonoring_thy_name
my original mortgage note is not being produced by plaintiffs attorneys and the judge so far hasn’t allowed final summery for closure. its been cancelled or postponed 5 times. Does any one know if a wrong address on the mortgage note (its a townhouse so the lot and block # of 5 homes is the same, maybe my entire community is the same lot and block #) , or if the warrenty deed was filed 2 weeks before settlement is anything i can use for motion to dismiss. thank you so much
I do not know what you mean by wrong address. Most properties have a legal address that includes range, township, lot etc.
Is the legal description wrong, or is just the house number on the mailing address wrong?
What is critical is the legal description. This should EXACTLY match your property deed and original title document by which you obtained ownership. Some mortgages have the street address on the first page but the legal description as the last page or an attached exhibit.
If the legal description on the mortgage and the properties legal description on your title do not match – GO see a lawyer NOW.
Re: “original mortgage note is not being produced by plaintiffs attorney” you may move to dismiss the action if they don’t have note AND have not filed a count to re-establish he lost note. Do they have any real proof that they were in possession of the note when they filed the action.?
If more than your unit has the same legal address then that causes incredible problems, for you and your neighbors. I think this very unlikely but anything is possible. Start looking your property and your neighbors properties up in the county records. Also see what legal address is on file at the tax assessors office. If you and your neighbor have identical legal descriptions, both of you go see a lawyer NOW.
Have you gone to the County Recorders Office and looked up if the Deed of Trust Filed. You should do this to see if the Company or Individuals Filing the Foreclosure is or are the Trustees on the Deed. If not they, the ones bringing the forclosure action against you may be comitting Fraud.
I was in the middle of a short sale. I went to the county clerks office and found that my refinanced loan is not recorded in the county clerks office. in other words, the deeds of trust is not recorded. ( I had the house refinanced, and the first loan is recorded and there is a satisfaction note recorded for the first loan).I haven’t paid my mortgage in over one year. Th reason why is my wife lost her job. Just recently, a laywer representing the title company calls and wants me to resign the deed of trust. I didn’t know what to do, so I told them if they paid me $2000, I’ll resign the papers. Before I knew it, they agreed to give me the requested amount. OK! I don’t understand what is going on, but I think the title company is trying to get things in order for the bank to foreclose. Please help!!
Did you resign?
No, I haven’t resign anything.
Sounds like you have the upper hand.
Do NOT sign anything. Do not cash a check if they send one. RUN do not walk to a GOOD land law attorney. INTERVIEW several of them.
It is possible they have bad documents and cannot foreclose, or possible the document they want you to sign for the 2,000 is actually an agreement for you to give up your house.
Do not enter any further agreements without competent legal advice.
Jusr wodering if anyone else is having problems with Suntrust Mortgage, Inc.?
From Edith Renfroe: How do you get this? “MERS Invstor ID site as “investor”. I’ve been able to find anything for one of our clients but am also wanting to find out about the investors. We’re really just checking standing and holder in due course. Thanks.
Ask for an account summary done by an electronic forensice accountant. This will show tons of fraud and they should do anything to avoid this.
I do want to thank this site. I did stop the sale of my house that was set May 19th. I have searched the suit records in our parish court, yes, I’m in Louisiana which has different laws, and in all of the foreclosures, none were contested. I am no lawyer, I am about to file request for production and request for admissions. My hearing for the rule for injuction is on Aug 16th. I am in Lake Charles. Anyone suggest an attorney in my area, Deutsche Bank has major attorneys, I’m scared.
Dear Mary,
When Katrina hit, they changed the laws in Louisiana to make it “easier” for the government to “fix” up homes in New Orleans. They basically changed foreclosures there so that the homeowner doesn’t have to be present. There were attorneys in LA who were upset about this move.
I wish that I could recommend somebody, but I just don’t know anybody.
MK
I stopped my foreclosure dead in its tracks when I found a completely fraudulant document at the recorders office! Recontrust / Bank of America are filing Successor Trustee Assignments by the thousands and are signing them with signature dates that don’t match the Notary date. This is vital. A notary stamp and signature is VOID if they are not date the same as the signature of the person before you. You must be sitting with the notary at the time of signing. Period. No arguments there. All 3 of my nearby counties have dozens if not hundreds that are dated incorrectly and therefore VOID…= Foreclosure must stop NOW, and / or if the foreclosure has already taken place it was done in FRAUD. As the trustee can’t foreclose on a property without a perfected and proper transfer of successor trustee of record. CHECK YOUR COUNTY RECORDS! Feel free to fax me with a copy of your docs and your contact info for inspection for FRAUD. 503.210.0297
I have one of these, with mismatched dates too. Then they tried to correct it by filing a “Corrected Assignment of Mortgage” in the public records, months after the action commenced, executed in Oct 2009 but claiming it was recording a prior assignment in 2007.
Jennie, you are in the loan closure business. I am not exactly sure what you are doing here. Your advice to check the notary dates is good. While I think it good that you are pointing out the flaws to others, maybe you need to be careful in suggesting you are an expert on detecting document fraud.
It is good that you are prepared to help others find avenues of defense. Maybe, since you are a notary in the business of facilitating original mortgage contracts, the better thing for you to do would be to put together a list of items for people to check on their own documents.
People, sending off your docs for someone else, who is not a lawyer in your state to look at, may be wasting time. (never send originals) Your FIRST need is to file an Answer to the complaint. This is JOB number 1.
Flaws in documents come second. Most states have a liberal rules on allowing modification of your answers and defenses after filing them on time, with wording like “to conform to the evidence” should you discover such issues in the process of discovery.
Document flaws may prevent a summary judgment, but that just prevents the lender from premature termination of the legal battle. A good and properly drafted Answer and Defenses will tend to head that of to start with. In most states they can’t even get to that stage until after you have filed an answer, unless you fail to file one.
The most important thing to do is make sure that you don’t miss the deadline for filing an Answer, which is often only 20 days. An Answer that legally matches the enumerated items in the complaint.
With and as part of that Answer you should also list your all your legally allowable defenses. A legal answer and your legal defenses are quite diffrent from your version of the story or a general list of complaints about the lender.
The legal defenses available are normally listed in the Rules of Civil Procedure in your state. What you think is an answer may well be completely legally insufficient. Get competent help.
It is a VERY good idea to get a lawyer to file your Answer. I cannot stress this enough.
If you really can’t afford or obtain a lawyer, (Because you spent your last nickle trying to make mortgage payments) then get a good sampling of at least 10 professionally drafted foreclosure Answer pleadings, along with the complaint they are answering. Match them up. See how the “Answers” numerically match the items in the complaint. See how the answers come first, matching each enumerated item in the complaint, then plead defenses second.
In most states there are often very few things that can be an answer to one of the numbered items on the complaint. NOTE: You are NOT being asked for an explanation.
Find out if legal aid will help you draft your Answer and Defenses.
If you are on your own, find out if you have a “pro se” self help center in your county and go there – if not then find a legal library where you might find help from a librarian.
Find out if your local law school has a program for law students, under supervision of a lawyer, to offer advice and help. Some states allow this and some don’t.
Jean
Would you take a look at some papers from Wis?
Thanks
Stan
Racine, Wi.
I am finding a number of fraudulent foreclosures in Florida by the Irwin Mortgage Company / EverHome Mortgage Company / Shapiro & Fisherman, LLP mob.
I find back dated documents that claim to be Assignments of mortgage that are not. They my be titled “Assignment of Mortgage” but the contents are mere affidavits alleging a prior un-recorded and un-documented assignment. I also find numerous cases where the Assignment is filed AFTER the action commences, which goes to the issue of lack of standing when the action commenced.
I am also finding evidence that strongly suggests deliberate document fraud, falsification and deliberate fraud upon the court.
I cannot offer you legal advice, but if you contact me I can share some of the information I have found.
Even if you are an attorney, you may find some of my work will save you hours. Both in existing documents and rulings, and some basic research on FL State Statutes that may be useful.
My information applies to Florida ONLY. I have no experience in the courts or laws of other states.
I have a mortgage in foreclosure that Shapiro & Fishman are defending.
My Loan belongs to an Asset Backed Securities with cut off date of May 1, 2007, however the assignment, which came from MERS, happened February 13, 2008. The assignment (which was recorded in the county records) has Not A Certified Copy. I had a Motion for Final Summary Judgment, which I was successful in postponing. I’d love for you to share your findings.
Thanks
You said you would love to share my findings on Shapiro & Fishman and the various assignments of mortgage.
I am not sure how to send you a private message through this web site and don’t want to get scooped up by the spam bots so contact me by email at James followed by the letter M at the wonderful web mail service of unforgettable dot com. We can then exchange direct email.
How can I reach you? I need your help.
Hi Tammy. This is James. First let me state that I am not a lawyer, but maybe I can provide some useful information and suggestions.
I am not sure how to send you a private message through this web site and don’t want to get scooped up by the spam bots so contact me by email at James followed by the letter M at the wonderful web mail service of unforgettable dot com. We can then exchange direct email.
I am a Gainesville attorney defending a Suntrust Mortgage foreclosure that involves an allegedly prior but unrecorded (and probably undocumented) assignment. I understand that this goes to the issue of lack of standing when the action commenced. May I contact you directly to discuss this? Also, some discovery documents focusing on this issue would be helpful. Thank you.
Sure –
James followed by the letter M at the wonderful web mail service of unforgettable dot com.
We can then exchange direct email.
Dear Mr. Scott,
On september 2010, we declare on Ch 13 due to a loss of one of the
household incomes. Our bank, Suntrust, did not want to agree to a loan
modification after presenting countless valid reasons to them. My wife was
able to get back on her feet and produce some income which we thought the
bank would accept as means of negotiation for a loan modification. In the process, we learned that the first loan was only being serviced by Suntrust in behalf of United Bank, which is the Trustee
for WMLT(I believe it stands for Washington Mutual). The second loan
(unsecured) was erased from the map due to a court order. Presently, we are
paying a monthly amount thru the bankruptcy court in order to pay for the
first mortgage arrears and a car payment. On the other hand, our lawyer has
been very methodical on dealing with this issue an has done a lot to help
us stay in our home, however, this is his first bankrupcy case and I
believe his inexperience on bankruptcy matters is depriving us from missing opportunities to deal with the bank and getting this loan refinanced or better yet looking if really we
have to be paying them after all the mess in the mortgage market.
BEWARE OF CCO MORTGAGE
Here’s a letter we’ve finally written to our Congressman, Bill Owens, corporate officers of Royal Bank of Scotland Group (the parent company), corporate officers of CCO Mortgage, appropriate Federal offices, and others regarding our experience with CCO Mortgage.
I urge anyone reading this to be very cautious about getting involved with CCO Mortgage.
Dear Sir or Madam,
My wife and I are having financial difficulties during this time, as so many are.
We applied for a modification of our mortgage with CCO Mortgage in January of 2010. We don’t understand what is happening but fear we are getting some kind of run around that may cost us our home.
We have faithfully filled out every form, submitted every financial document, and answered every question that CCO has asked of us. But we are told week after week that the person we need to talk to, Tina, is not in the office—and to call back the following week.
This has been going on for approaching 6 months. On May 28, we received a letter from CCO stating, “YOU COULD LOSE YOUR HOME,” demanding a payment of $1,915.27 before June 27, 2010. We have no hope of pulling this amount together by that date.
Naturally we were very concerned and called CCO. The gentleman who took our call indicated the letter was just a “legal formality” and that our house was not scheduled for sale “at this time, so not to worry.”
I stated that I believed the letter gave CCO the right to seize our house, which didn’t seem right as we have been trying to arrange for a modification for nearly 6 months—and that it was being held up by CCO itself.
We were again told that the application was simply awaiting approval, but again the woman we were supposed to talk with, Tina, was not available this week—we should try calling again on next Monday.
I objected saying I couldn’t understand how this situation has gone on for so many months and asked to talk with a supervisor. I was told that I couldn’t, but that the person taking the call would pass on my request to the supervisor, who may or may not respond.
We are beginning to fear that there is some deadline that we are not aware of for the Loan Modification program and that CCO is stalling us until it is too late—or perhaps racking up fees and interest to increase their profit or something similar.
Is there anything we can do to get some help from your office? I could be wrong, but this sure seems like some type of predatory practice on the part of CCO Mortgage. There have been many similar complaints posted about CCO Mortgage: http://www.viewpoints.com/CCO-Mortgage-reviews and http://shamethebanks.org/feeds/banks-feeds/cco-mortgage . There is a class lawsuit against CCO Mortgage forming apparently: http://www.viewpoints.com/CCO-Mortgage-reviews/topics/class-action-lawsuit/posts .
I am also contacting the Better Business Bureau and the Franklin County Community Housing Council to seek their assistance. I am lucky enough to have over 10,000 Twitter followers. I believe it would be useful to post our experiences with CCO Mortgage to a large, public audience.
Thank you,
John M. Knapp
Great to see you New Yorkers fighting the good fight and congratulations Carol on a great site and wonderful meeting place for us. I’m wondering if any of you legal brains have good intelligence on cases where the three year statute of limitations for rescission has been breached using the equitable tolling argument? We try to focus our triage on those within the statute and have an actionable (rescissionable) violation of TILA but may very will very soon be at arms with several banks over this issue..
Also, we have built a platform and will share it which aggregates potential class members for cases against lenders.. Any comments appreciated… The platform is http://www.bankclassactions.com thanks every one.
Jeff Greenberg
The mortgage representation group
http://www.LegalForensicAuditors.com & http//www.MortgageViolationLaw.com
A Call to Arms for WAMU HOMEOWNERS: http://www.wamuloanfraud.com
For those whose home loans originated with WaMu (now Chase)
Are you ready to join the fight and SAVE YOUR HOME?
WaMu has allegedly defrauded hundreds of thousands of homeowners with unfair, deceptive and perhaps illegal lending policies and practices. Many of these homeowners are now facing the possibility of or are in foreclosure.
http://securities.stanford.edu/1038/WM_01/20081021_r01c_08387.pdf
http://hsgac.senate.gov/public/_files/Financial_Crisis/041310Exhibits.pdf
If you are one of these homeowners, we invite you to join the
NATIONAL WAMU HOMEOWNERS’ SUPPORT GROUP
http://www.wamuloanfraud.com
Who we are:
· We are not attorneys, and do not practice law, although many of us are well-educated
· We believe that we have been (allegedly) defrauded in our home loans by WaMu
· We meet by phone weekly, and have a proprietary website where we share information and ideas
· We are developing a database of (alleged) fraudulent lending policies and practices by WaMu
· We hope that the information we compile helps us all to decrease the cost of legal fees, and to increase the knowledge of our attorneys by mutual participation and sharing of fact and State and Federal laws
What we are fighting for:
· We are fighting for our homes and yours
· We are fighting for justice against the perpetuation of WaMu’s (alleged) fraud by Chase and the FDIC.
· We are fighting to make Chase, the FDIC, the OTS, and others to be held accountable and responsible
What we can do:
· Together, we can ensure that individuals from these corporations can be deposed as material witnesses
· We can unite through our stories and our individual loan nightmares to make our voices heard
· We can educate journalists, attorneys, and other homeowners across the country about the (alleged) fraudulent lending by the now defunct major lenders, especially WaMu, and the corporations that are currently aiding and abetting this (alleged) fraud, including the wholesalers, securitizers, and their loan servicer partners.
If you are a WaMu homeowner who believes their loan was potentially fraudulent, or that you are a victim of allegedly unfair and deceptive businesses practices of WaMu, CONTACT US TODAY!
We may have information that is vital for you and your attorney. And you may have information vital for us. Consult with your attorney, if you already have one, to determine whether sharing research and investigation with other WaMu homeowners is in your best interests. We may be able to decrease your litigation costs.
YOU can take FACT AND LAW to the only place we Americans have left to defend our property and legal rights – a court of competent jurisdiction and the court of public opinion. WE are growing stronger every day! THEY are growing weaker! THEY never counted on the internet and the power of social networking to expose their alleged fraud! …Now it is OUR turn
CONTACT ONE US WITH YOUR STORY!
Dalton sirdallo1@gmail.com Cathie dormanmom@yahoo.com
Lynn lynnandpepper@comcast.net Marilyn marilyn5001@gmail.com Rob crharrington@cox.net
National WAMU Homeowners’ Support Group http://www.wamuloanfraud.com
“Illegally taking homes and lives for profit is not a good goal to chase.”
Other areas should see some of the work being done in Suffolk County, New York despite budget cuts, no money, good, ethical attorneys barely hanging on themselves, and jammed court dockets. http://www.carolryderlaw.com has some guidelines. You may have heard of Suffolk because a lot of celebrities live out here in the Hamptons or, for those of us in the real world and on this site, because of the Hon. Jeffrey Arlen Spinner. He famously tossed out a $525K mortgage for lender abuses. Now, he and other wonderful judges and attorneys helped set up a pro bono program for people in mortgage crisis. He marshaled the members of the Suffolk County Bar Association, all of Touro Jacob D. Fuchsberg Law Center (a.k.a. Touro Law School, founded on principles of using the law to do good, and in a new facility across from Federal AND NY State courts, which lets us use the facilities, interns, clinics, machines, Professors, attorneys, etc.), Nassau/Suffolk Law Services (just like Legal Aid) and has us all working pro bono to work out loans and keep people in their homes. We have interns doing the preliminary paperwork, while we sit in conference rooms waiting for the next person in line to be brought in from a waiting room full of poor people scared to death they will come home to changed locks (or “yellow tape across my door” as some poor man told me at 10 at night). Then, we have more attorneys out there in Judge Spinner’s courtroom (or other courtrooms-there are so many foreclosures the Suffolk courts had to open up satellite sites) banging out settlement conferences.
Although Suffolk County has the highest foreclosure filing rate in NYS, it has double the “save” rate in NYS.
Oh, and by the way, I left Wall Street-thought I was doing zippo to actually produce anything, and I felt a very bad feeling about what was going on (not quite high enough to be “in” on the fraud but high up enough to smell a lot of rates) and felt by becoming an attorney I could actually do good, and I am thrilled I can. Oh, and all those lawyer jokes? Change them to “Wall Streeters”. Why don’t sharks attack Goldman executives? (Prof. courtesy) What do you call 100 Goldman executives at the bottom of the ocean? A good start. Just like what is going on out here-a good start (but the worst is yet to come).
Hello Carol:
Just linked to this site from LIVINGLIES site, have you seen it? check it out. Just wanted to say thank you as a hard working,law abiding american, I cannot stomach the illegalities in this foreclosure “crisis” for doing so much, pro bono, for people who are “scared to death” that entities who have no right to even contact them are stealing their homes. I speak as one who has been there. If I ever can get enough money together to sue these imbeciles to the ends of the earth, I will do so. I am really angry over this issue. Keep up the good work. Regards, ian Sopko in NE pa.
beware of http://www.mortgagewars.com it is a scam. They took my $14 for their e-book and never heard from them. I sent them email to cancel & they will not respond.
I have the inside info about the fraud in the mortgages which will continue until there is an honest judge declaring me alive. Yes, it is that simple. Series of frauds using the estate of Honey R. Siegal deceased created by attorneys at the top. Obama and Napollitano. Indict them already and save the US. HRS
If you own something like a home with a Bill of Sale . How can a forged Bill of sale transfer that Home to anyone else. . By the way the Bank has foreclosed upon the home and says they don’t care if someone like the individual they loaned money to signed saying that she owned the nome. Again. How can the Home change into their hands if she didn’t own the home to begin with.
Any lawyers would you try and explain this to me. I just don’t get it.
A criminal act makes the bank legal owner of My Home ?
Jerry ttcb77@yahoo.com Please respond. We are in a legal battle for my Home’s life . It is 1890 built and needs help as well as Me .
1…My mortgage was assigned from Mers to Deutsche Bank 2/2/2010 by Kathy Smith from LPS. American Brokers Conduit which was my lender and they went Bankrupt 3 years ago.
2…My wife is in foreclosure with Duetsche Bank. Someone forged my name & initals on the adjustable rate rider. The loan is in my wife’s name, I only signed with her on the mortgage. You can clearly see it is forgery.
Read your post Capt. and I am heartsick.
I am not a lawyer, just an investigative writer, developing informational articles on this foreclosure mess.
From my notes … you might find some real help from a lawyer who is a leader in fighting the foreclosure wars.
April Charney, a legal aid lawyer out of Jacksonville, FL
Her office may have some legal contacts or referrals your part of the country.
One of my clients has the same thing. Which county are you in? Perhaps a bunch of them were signed the same day to correct Alpharetta GA DOCX assignments
ATTENTION ALL WITH INDYMAC LOANS & DEUTSCHE TRUST!!!!!!!
We are looking for all that have a loan with Indymac and/or Deutsche Trust. In an effort to support and substantiate the massive fraud that is being perpetrated by this bank against all homeowners, we need you help. This information will be used and provided to the SEC, FDIC and IRS to aid in their investigations against Indymac and Deutsche. Any and all info will be appreciated, helpful and will only be provided to the SEC, FDIC and IRS. Please contact stopindymac@gmail.com for more info.
Fighting the Good Fight!!
I have several clients that I will send to you also.
Greetigns Dave, You should know that a deal was made by the FDIC and Duetch Bank with several “connected” investors. The FDIC agreed to cover any loses the investors took if they bought the Indy portfolio, this has led to these invstors refusing to negociate short pays or loan modifications regardless of the situation.
There’s a great short video on http://www.mattweidnerlaw.com that shows some the names of of the investors.( Robert Dell – Dell Comptuers is not listed, but is an investor ), and how a short sale is divided up. You must see the video.
I have Deutsch bank suing me. Contact me by email to discuss further
I was just about to leave the 4closurefraud web site when I saw this 2nd request for help.
It just so happens … in my article notes – I came across case #16-2007-CA-003840-XXXX-MA,
from the Circuit Court of the Fourth Judicial Circuit, in and for Duval County, Florida – to wit …
April Charney, ESQ had filed a ‘Motion to Dismiss’ against Deutsche Bank National Trust Company.
A ‘Motion to Dismiss’ stops the foreclosure clock and gives you time to get your ducks in row.
Not being a lawyer myself – I can only say, If I were in your shoes … I would contact Ms. Charney’s
office, as she regularly mentors and gives seminar – training sessions to lawyers and judges … regarding case law … in fighting foreclosure.
At the bottom of the case # just mentioned … there is a contact number for Ms. Charney …
904 356 – 8371 ext 373
Best regards …
06/18/2010
Hi,
Same here in my case – initial “pretender lender” American wholesale lender ( CFC) – srevicing agent Bank of America who by the way is also listed on the MERS Invstor ID site as “investor”.
DB is sueing as “Trustee for Harborview Mortgage Loan Trust 2006-05”.
Interested in hearing your situation . Best regards, Edith
Hi, In big battle with Deutsch law suits, appeals, etc. would be interested in a class action. drop me a line at the above email. We should calaborate. im in Colorado.
hi tim thank you for your advice. i am on the hamlet if you join you can really help all of us on there. http://www.foreclosurehamlet.org. in reguards to dissmissal with predjidice. i have not gone to court yet. most likey tha court summons, lispendens, will come next month. yes i hope the judge has a hey day with wells fargo the hacking and moving my file, then the lost file with a denial of hamp all while i have a tracking number and signee. all a game. they were jst counting on me NOT saving the tracking number or even if i did its agame whether i can find the number and then what to actually do with it. well i went into 5th gear and wrote my area senator. sent them my info, i faxed a sent aletter return receipt requested to wells fargo about his situation. so now they have me back in the hamp program but i have to re apply and what about the pending foreclsoure. so is it his pending foreclsoure i address or the court appearance. we are pre-court right now. do i write a letter to wells fargo now stating they need to dissmiss any further foreclosure proceedings with predjeduce or i can ot re apply to hamp. they want to foreclose on me but at the same time colect money from for hamp? what a freaking way to make a buck. please advise. do you think i have astrong foreclosure case?
FYI, I just signed up as you requested.
This can’t hurt…..Just up
https://forms.house.gov/oversight_majority/webforms/financial_tipline.html
Nice empty words…
I (tiredly) filled up the form with the following:
As before, the servicers (BOA & Wells Fargo in my case) are creatively doing everything to AVOID working with the borrower. Their letters, phone answer messages, and media statements are filled with the words “help”, “care”, “avoid”, “we are here”, and such. However, these words, as well as their self-assuarance that fraud may be legal and accepted for TBTF, are empty.
We have facts, we have willpower to find the truth, we are not afraid to have a stand in the courtroom. We can’t do it alone. The Judges should be awake with the open eyes and ears. The authorities, as public servants, should do just that – serve the public. And the fraudsters should get what they hard-earned and deserve – severe punishment.
We all are in the situation reminding of an emergency room. The help is needed NOW, and not after 1-3-10 month reviews with the trail of lost docs, abuse, lies, misplaced and stolen funds, junk fees, and on and on. All said above applies to my account as well as to MILLIONS in all states.
I am a perfect witness of the brazen abuse by the servicers. I am ready to testify. Complaints and requests to all available (and unavailable) authorities have not helped for the last 30 months. We are still at square one.
Is AMERICA still alive and breathing?